HomeMy WebLinkAboutE-939 Dedication of Real Property for Roadway Purposes, Blaney Ave. Church of Christ Blaney Aw... Church of Christ
rf ✓fir
,
05
"v'
r �A
P j # Toed y purps' e5�� ' � her With th�3
u K A # t, pair, operate and main any and , i° p�tlic
. ' 1j1 , ^ .:and improvements which tihall be or become necessary for
the prever*at�: n of the public safety, welfare, or convenience,
all their rightt, title, and interest in and to the hereinafter
described property which is situate in the City of Cupertino,
County of Santa Clara, State of California, and described as
follows:
BEGINNING at the intersection of the center line of
Saratoga-Sunnyvale Road (60.00 feet wide) and the southerly
line of that certain parcel described in deed from John
Tronis and Perry Tronis to Robert D. Kelly, etal, dated
September 12, 1956, and recorded October 18, 19560 in Book
3635 of Official Records in the Office of the Recorder,
County of Santa Clara, State of California at page 598;
thence westerly along said southerly line 60.00 feet;
thence northerly along a line parallel to and 50.00 feet
distant, measured at right angles; from the center line
of Saratoga-Sunnyvale Rose, (60.00 feet pride) 50.00 feet to
Q the northerly line of the aforesaid parcel; thence easterly
along said northerly line 60.00 feet to the center line of
Saratoga-Sunnyvale Road (60.00 feet aide); thence southerly
along said center line of said road 50.00 feet to the point
of beginning of this description.
IN WITNESS WHEREOF, executed this 1 today of ueve„La„
Robert D. Kelly (°--
` of Pe`` e
(Notary acknowledgement to
be attached).
Dante a, ,ems
Ruth S. S.aler3
4'
e�
{
A.
CV- OF CUPERTINO
s
n. C HPICATE OF ACCUTA11.3E is hereby given lit
order to oomply witn the P —ions of Sections 27281
of the Government Code,
This is to certify that the tnter°est in real
•x.
property conveyed by the deed or grant dated = �. Ill , IQ (o0
from -- i.®��-� too.' %IF t`v � `,�.�, a political
corporation and/or governmental agency is hereby accepters
by order cf the e- i �0•3 ��el.. on
Tiegislative body
4 . 1 Q � % , (or by the undersigned
date
officer or agent on behalf of the
iegi51ative body
pursuar_t to authority conferred by resolution of the
_ adapted on � )
iegisia;.ive body) (date)
and the jrar.tee consents to recordation thereof ty its
duly ai.xthorized officer.
By
s.:
t _
. _
BEIM A RMLUTUM OF THE CITY OF CUPERTINO
ACCEPTIWa MDWATION OF REAL PRWRTY FROM
ROBERT 0. KEI.LYt ETt*!. FOR ROAVMY PURPOSES.
WHEREAS, ROEERT D. KELLY and LOI.S p, KELLY, his wife,
and DANT'E SALERA and RUIN S. SALERA, his wife, have executed
a dedication which is in good and cufficiont form, granting to
the City of Cupertino# County of Santa Clara, State of California,
the fee title to certain real prrpasrty for roadway purposes,
situate in the City of Cupertino, described as followss
BEGIMIM at the intersection of the center line
of Saratogs-Sunnyvale Road (60.00 feet wide) and the
southerly line of that certain parcel described in
deed from John Tronis and Mazy Tronis to Robert n.
etal , dated September 12, 19560 and recorded
October 18, 1956, in book 3635 of Official Records
in the Uffice cf the Recorder, County of Santa Clare ,
State of California at page 598; thence westerly
along said southerly line 60.00 feet; thence northerly
along a line parallel to and 60.00 feat distant,
measured at right angles from the center line of
Saratoga-Sunnyvale Road 160.00 feet wide) 50.00 feet
to the northerly line of the aforesaid parcel; thence,
easterlyr along said northerly line 60.00 feet to the
center line of Saratoga-Sunnyvale Road (60.00 feet
wide); thence southerly along said (.enter line of
said road 50.00 feet to the point of beginning of thiti
description.
NOW, THEREFORE, BE IT RESOLVED, that the City of
Cupertino accept Said Grant to tendered; and
IT IS FURTHER RESOLVFD, that the City Clerk be and
he is hereby authorised to record said dedication and
this Resolution.
4 :4-
r. € 4
PA0F
6D AM AWMD this day of .
196 by the foli&dnq votes
r (�
AVES9 Councilmen
Sa councilIxter, -
ABSINTt Councilmen
APPAOVEDs
yo a �
ATTEST:
fl
r � --- CIO
tY
�p L.t..S
vsi
P
i
r
am2-
Af
DEDMATICH
« ��(y7, Y -
..I P.'0,91
r .
Vita
VOL
:
� 4
s ...,
to w*txuct, rdpair, opdc4+_e z fntain afly AJOd all
dt li ies and xaprovements which shall be or lbecaiio"nie,essary
e t P preservation of the public safety, welfare, or convenience,
s.
all t'nir sight, title, and interest in and to the hereinafter
described property w1a _ch Is situate in the City of Cupertino, County
of Santa Clara, State of California, and described as followss
BEG LNG at the intersection of the center line of Saratoga
Sunny•,iale Road (60.€30 feet wide) and the southerly line of that
certain parcel described in deed from Phillip Lupertino and
3 Pauline Lupertino, his wife to J. E. Spain and Adelia J. Spain,
his wife, as joint tenants, dated February 8, 1955, and recorded
February 15, 1955, in Book 3086 of Official Records in the
Office of the Recorder, County of Santa Clara, State of California
at page 192; thence westerly along said southerly line 40.00
feet; thence northerly along a line parallel to and 40.00 feet
distant, aasured at right angles, from said center line of
Saratoga-.Sunnyvale (toad (60.00 feet pride) iOO.00 feet to the
northerly lane of the aforesaid parcel; therlce easterly along
said rioiFtherly line 40.00 feet to the center litre of Saratoga
Sunnyvale Road f60.00 feet wide) ; thence southerly along said
center line of said road 100.00 feet to the: point of beginning
of this description and being a portion of the, northwest 114
of Section 13, Township 7 South, Range 2 West, M.IR.B.&My
IN WITNE-S-1; 'a'f EILEOF, e.xecutei this of
E Spey4n
Aa e I is J_ Spa,t
IPA
C.
4 1
y a i
5
dtit
CITY CF C�Tlxo
CERTIETC UE OF ACCEPTANCE Is hereby given in
order to comply with the provisions of Seetlin .27281
of the Govern, meat Code,
�s
4 This is to certify that the interest In real
property conveyed by the deed or grant dated 2gjgh= 27, 1961
J. E. SPAIN &
frcm ADFZIA J. SPAIN to = OF CUPERTIRq a political
corporation and/or ,gcvernmental agency is hereby ac�aeptcd
by order cf the QjZ C
iegislstive body
.: 6, 1g61 , (or by he carders l ed
Sat'&
officer or agent on behalf of the
legislative body
pursuant to authlorlty conferred by resolution of the
adopted on
legislative body rlate�_, , )
and the L;rar_tee consents to recordation t'r.ereof :;y its
duly a,,jthcrized officer.
i
Dated November 14,` 1961,
Iaw nee K. MzeUn
City Clerk
x �.
t
RMUIrmu to,
ki MM
J.a.AMUTIM , ETUX PO - YY
MM
Mn%MASO j. S. SPAIN and ' LIA J. SPAINs husband End wifse, how
oxeftt*d a dedication ubi;b is !n 960d And sssuf C cimt fog* VZORU
to the city of t County of &as Classra $ State of Cssslifd
he i" t tie to Certain real Property for y j, ,-mosses, altuat*
In the City of Cupertino, described as follows
BNLMMI at the intersection of the center line of 38"t
4 Sunn le Road (60.00 feet wide) and the awwtherly line of that
certain parcel deezzibed in deed from Phillip Lmpertino and
Paulin* Lupertino, his asife. to J. 2. Spain and Melis J. Spaine
his wife. as joint tenants* Basted February g. 1955. and recozded
February 15, 1955, in Book 3086 of Official Records in the Office
of the Recorder, County of Santa Clara* State of California at
;3 pane 1921 thence seostaxly along said southerly lime 40.00 feeti
hence northerly aloes: a line parallsal to and 43.00 feet dissstafte
®eassstiured at right Ong es, fxob said centtr line Of Pura
Sunnyvale Road (63.00 feet *i.de) 103.DG feet to the n®rth*1 ly
lino of the aforesaid parcels] thence easterly alwq said
northerly line 40.00 feet to the center line of Saratoga-
Sunnyvale Road (60.00 feet wi6e)t thence southerly along said
center line of said read 100.00 feet tG the point of t?a:• ,.pusi3s
of this description and being a portion of the north ss% 4 of
this Section 1.3, Township y ,youth. Range 2 Wess=t$ M.D.B.tM.
NOW, THEREFCr , BE IT RZS"L ED, that the City of Cupertino accept
said Grant so tenderedl and
IT IS FURTHER Pl ,$CLVED, that tiie City Clerk he and he is hereby
authorized to record said dedication and thin iiesolution.
PASSER AND AMPTED this , ay of 1951, by
the following votes
APBs Coups!1�n
HMS1 Councilmen
AW1 ENT: Councilmen -
APPPMVEDs
ATTOT` Mayor
8 � ��3.,, tz is 4 •' '& x
.. �" a ;iv Sion X`o vemer� s
sENM ALLIM BY 1FiS SE grill'MTS r
, �, , the City of Cupertino, State of California, andWJMU
,.
_Ni into
e re r es na as PrEcipa have en c31' or Sre abtailt
to enter into a contract providing Zor the installation, ccnstruction
and erection by Principal of certain improvements more particularly
described in said contract; and
= WHUMM, said Principal is required to furnish a bad in conraec-
Y Lion with said contract providing that if said Principal, or any of
his or its subcontractors, shall fail to pair for any materials, pro-
visions, provender or other supplies or teams used in, upon, .for or
's about the performance of the work contracted to be done, or for a sly
work or labor done thereon of any kind, the surety on said bond , all
pay the same v-o the extent hereinafter set forth;
A.OW, TADPORE, use, the Principal, and
: etssnc® Company o8 North Amer ca
as Surety, y nd ourselves, o r executors;a inistr--: {;r- - c-
cessors and assigns, jointly and severally, unto the City of Cu c •;-Ino,
and any and all materialmen, persons, companies, or corporation:; -
nishing materials, provisions, provender or other supplies usr. i j__1, up-
on, for or about the performance of the aforesaid work contrac..� .' to
be executed or performed under the contract here?,nabove and
all persons, companies or corporations :ending or hiring
ments or machinery, for or contributing to said work to be done, jr.d
all persons who perform work or labor upon the same, and all persr,ris
who supply both work and materials whose claim has not been paid by
Principal or by any other person, in the just and full sum of
DOLL - ----------------------------------------
000 1 00
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal,
his or its subcontractors, heirs, executors, zdministr-ttors, succes-
sors or assigns, shall fail to pay for any materials, ..,rovisions, pro-
vender or other supplies or teams used in, upon, for or about the per-
formance of the work contracted ;;c be done, or for, any work or labor
thereon of any kind, or for amounts due unc:cr the Unerip Loy.-ment Insur-
ance Act with respect to such work or : abor. -then saiC °_.rety will pay
the same and also will pay in case suit is brought upon his bond,
such reasonable attorney's fee as shall be fixed by the Court.
This bond shall inure to the benefit of any and all persons, com-
panies, and corporations entitled to file claims under 'ect_on li34.1
of the Code of Civil Procedure, so as to give a r-`.ght c•L' action to
them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to
the terms of the contract or to the work to be performed thereunder
or the specifications accompanying the same shall in any prise affect
its obligations on this bond, and it does hereby waive notice of an"r
such change, extension of time, alteration or addition o the terms of
the contract or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly, executed, bz
the Principal and Surety this 6th day of September , 1WS
(To be Signed ry
' Principal and SlArety
and acknowltdgmer,t �' �e� oil W 0, .r e"1 e,
and notarial seal Cg COMP®p,Ty OF NORTH ICA
{ attached) Suret
B
Y
Attorney-in- act Lee B. ion")
\The ab `°e bond is acce.-pted. and approved this day of
..� , 1G .
t
alum ! ARV-00-VLETIQK-D1PW-VBMW Law
ALL MY BY 0,V s wARr, OF am Cmmm of JESus
That we, C_= Off' I nv SttS as Prin-
cipal and insurance Co„ of Nor Sri , as Surety are held
and firmly bound unto the City of Cupertino. State of California, in
the mm of = , ,- T ---- ----- - --==Pollars .law
fui money of the meted States, for the payment of which will and
truly to be made, we bind ourselves, our heirs, executors, successors
and assigns, jointly and severally, firmly by these presents.
THE CONDITION of the foregoing obligation is such that,
WBEPZAS, said Principal will perform all necessary ingrova-
nts relative to Church of Jesus Christ of Latter D_aZ_ain .
located_on Bollinger Road
in accordance with the approved Improvement Plans prepared by Earl
John Taylor Associates Civil Engineer on file in
The Engineer's office, City of Cupertino,
WHEREAS, Improvements shall be completed within one (1) year
from the date of Acceptance of this bond by `the City Council.
WMRRAS, Improvements shall be maintained for a period of at
least one (1) year after acceptance of construction by the City.
This bond a all be in full force and effect through the period of
maintenance as provided in said contract. The maintenance period
shall continue until such time that all deficiencies of construct:on
are corrected to the satisfaction of the City Engineer's Office,
REFOIRE, if the said Principal shall well and truly do
and perform all the covenants and obligations as set forth above, on
its part to be done and performed at the time and in the manner
specified therein, then this obligation shall be null and void;
otherwise this bond shall remain in full force and effect.
IN WITNESS AIEREOP, this instrument has been duly executed, by
the Principal and. Surety this 6th day of � temper lg .
7rAo-e o0lo", ee V S ✓3 c o4�u
01,
(To be signed by iirincip9l
Principal and Surety
and acknowledgment
and notarial seal
attached) INBURANCE COMPANY OF NORTH AMERICA
Sur
a By 1.Q�
Attorne -in--Fact (Lee B. .hones)
The above bond is accepted and approved this 1 � day of
19
e
N,
"h
adf
hl .se + rr toes INO asaicl
Er
� �
�r f the sute ref California, hereiiiaAA&T referred to
4: 46 VC Ty",
y> WITNE6SET ip
WHEREAS,, the OWNER is securing a building permit from City
. to construct and maintain Church, classrooms and other structures;
:r
and
WHEREAS, CITY will consider approval of the building permit
on the agreement that OWNER wiil construct curb, gutter. sidewalk,
and paving from the existing edge of pavement on the West side of
Blaney Avenue to the lip of the proposed gutter in accordance with
the approved improvement plans and in accordance with the terms
contained herein, as well. as other conditions as adopted by CITY,
and as well as other conditions as may be required by t:h- City
Engineer of CITY; now, theref,,Te,
IT IS HEREBY AGREED by and between the parties hereto as follows,
to wits
( 1) OWNER agrees to convey to CITY for roadway purposes a
five foot (51 ) strip of property lying westerly from the
westerly line of said Blaney Avenue, all for the full length
of owners property, and OWNER agrees to execute said deed
when presented to him for signatture.
(2) (OWNER agrees to construct standard curb, gutter, sidewalk,
F
and shall construot City special street section consisting of
f
.,
VF—
i
limb and-
pt
foxthe
nt � bet a to = the of � b '` right"Gf i-
y , d t' a lip of the pi4poted al,
for the entire length of OMERIS property slang Blaney Avenue, z
a;: specified on the Approved improvement plans. The said
improvements shall be constructed in accordance with the
r; standard specifications of CITY, and shall be constructed
rx�f
under the inspection of and to the approval of the City
Ens ,neer of CITY.
(3) Construct City of Cupertino special temporary pavement
section consi ting of four inches (4*) compacted aggregate
bare and one and one-half inches ( 13�0) asphalt concrete
surface as follows:
On the easterly side of BLANEY AVENUE within the area
and to the grade shown on the approved improvement plans
of said "Church of Christ, Blaney Avenue".
(4) Construct City of Cupertino stanaard storm sewers, and
appurtenances to sizes and grades as shown on the approved
improvement plans for said "Church of Christ, Blaney Avenue."
( 5) Construct City of Cupertino guard fences as shown on
plans for said Church of Christ.
( 6) It is further agreed that OWNER shall further construct
any and all other improvements, as shown on the approved
improvement plans, incluling CITY Standard Electroliers, In
2-
JA
;♦
e
U IT
M�
*00_ ' h tho utandod ecif icatl on +► f and t
Y
the * ►� i of the C.ty Engineer
'1
4 (7) sqt tfi�*-t 011 of + ri rli
be C . ,i*t a th0 twelve (12) 66n0s fray the taste first
4bov* Vx9ttomt provided# hot ors, in the casputatiala of said
twelve oath periods delays dvt,-Itq=#r caused by Acts of Gad,
_n viz, major strikQs 4 ®they delays beyond nd the control of the
w Rf $ha'l be excluded.
r
It is expressly understood and agreed that if OWNER shall
fail to complete work required by this Agreement within said
s
period of twelve (1L) months of the date hereof, the Uity,
after giving ten days' ( 10) written notice thereof to the
r. OWNER may complete the same and recover the full cost and
expense thereof from the OWNER.
( 8) It is further agreed that OWNER shall file with CITY a
bond in the amount of FIVE THOUSAND SEVER? HUNDRED and N01100
DOLLARS ($5,700.00) to insure full and faithful performance
of the construction of all of the aforementioned improvement
work and a bond in the amount of FIVE THOUSAND SEVEN HUNDRED
and N01100 DOLLARS ( $59,700.00) to insure foz labor and
materials for said work.
(9) It is further agreed that OWNER shall have deposited with
CITY, prior to execution of this Agreement, for office checking
of improvements and all necessary expenses incurred by CITY
3 { A
A °
AML
yr n
a. A,
It is fort ho Steed' that the +D I R shall fie with the
CITY# upon execution of this agreement, a letter from the
5
Central Fire Protection District of Santa Clara ttnty,
stating that he OWNER has entered into an agreement with
and deposited all necessary Fees with said District to insure
invcallation and fire (5) year rental fee of all fire hydrants
as required by said District.
( 11) It is further agreed that the Subdivider stall pay to
the City, upon execution of this Agreement, a stoma drainage
charge in connection with said Church of Christ, in accordanc:p
with the requirements established by Resolution No. 466 of
City in the amount of ONE THCXJ AMID kM0 FIFTY SIX and 70/10()
DOLLARS ( $1,056.70) , said aniourit being the difference between
TWO THCAUSAND SIX HUNDRED THIR T'_' SIX and 70/100 DOLLARS,
( $2,636.70) , and the off-tract and oversize credit of ONE
i HOUSAND FIVE HUAdDRED EIGHTY and ISO/100 DOLLARS ( $l,580.00) .
( 12) It is further agreed that Subdivider- shali cepvsit with
CITY, upon execution of this Agreement, for maintenance of
power for street lighting, the amount of TWENTY EIGHT and
20/100 DOLLARS. ($28.20).
( 13) It is further agreed that OWNER shall carry out any and
all negotiations with all interested parties, and perform or
cause to be performed, at his own cost and expense, any and
all work of construction required to raise, lower, relocate,
777
_y
Olt,
� M
the ,eA '
i. the !.move
�a
upon written
not 3r , r+ :'ace' without cost
or a-ire satisfaction of
GI'f � ., #; ing a ut of sr due to
, fau.t ', r^ 3
.. eppeaming in said work
with �`�" � � $o►v date of final completion
and a. '
x r x
( 15) "`fie MER shall inde_anify and
save " � �" -4ounci`, and the Ciuy Engineer,
and oth -Of the CITY from any suits,
cla:ate* ► persons for or on account of
any ito or property sustalned or
arir6 in. e work due to any acts,
omissE A d $h , his offices, agents,
enplo, $ t R
( 16) , the above named terms and
condia stcessors, administrators,
or 391 �� CONERp his successors and
assig, oak,, Laws, and recxcilations
2 �,5
ti
in i = of the doing of the
h y
work
s R 0
,e r
1
r
e a.
jj
-
mg a ame tits eed it __t to Le hereAmto
ff ed its Iftyox y i Ci .�t� O o 4uly+ euiboxitia by
x*so ,utlon of the City �� l� e M fAs heV Unt® moused hi
raema> to be affixod the day and year first tb ve written.
MY Of R'
yy gip..
yyo:i.
.ty Clerk
ral a ley Avenue
�Rt rc of Christ,
Cupertino, California
TRUSTEESs
C ki,
awn
r
Vice-
APPROVED AS TO FORMs Secretary
r... ty Xkttorney
; ;}