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HomeMy WebLinkAboutE-941 Dedication of Real Propery for Roadway Purposes_Angel Diaz - St. Ck. Blvd p'agel. Diaz - St. Ck. Blvd. 0 s L t'Sikx e w CA WN to ROADWAY pftpb 11"WEL .DIA7-t his wife,_ dedicate to the S Y r `.. ` f fcar p%tblie rOadwaY Poses, tb the together vi A. tt� d�ffit ;t r 3ai€`, Verate and Ma:Wtai a an � x util et anti Y all bile t roV nits which ahal,l be or beame lw'cess Feastiflr of the public safety, wolfare. or corty®nerve , aA3 its right, title, and interest in Pnd o the hereinafter deacrIbed Property which is situate in the City Jf Cu per. County of Santa Clara, ;hate of C2u iforuiar arad described as follow s: at a point in the center lire of the Steven Creek Road frOm which Point the center of Section 13, Township 7 South, Rye 2 West M.D.B. & M. oa the center line of the .Steve;is Cree(beik the in to^:�ectg,on aim of the Saratoga _tf� the center 5`�' W. 905.97 feet, running�unt�- n View Roa<i) beam 890 t the .Stevens Creek ReadNthenee a2or� the cent lire thence N. 00 e 9° 55' East ei0.p0 1"ee�;i center line Of the W. 4 .00 feet; .thence paraliel wi`;.; t ill 6C.00 feet; thence S. 0v 0 Crl.e3. Road, 8to 55 ' test Of begirn ng, bei a ., 3 r E. S,QO Peet to the point I'O-t, on Of t._..t 11.18 acre trac deeded to John Montgomery by Reed dated I-Tovecaber � _ i, < and recorded in Book 4a9 Of Deeds �a7 , '�' � ice ^f the County Tlf-�cc�rde-, of Sant Clara�Cotar�t �Ctze office y, forria. _ IN WITNESS �.7ff.MOF' executed this�rd. y t„ ,i... oeoo t r a My commission Expires June 29, I966 ace _ wk n_ , RES ,-TION gin. 10,75 8009 10 ;AAri 120 BEING A FPSOI,'. TI ON Or, 1-4ra Car+,i Vi7 ACCEPTING DEDIC TICPI Or` PEAL F' t"j'P?RTY FOR WEMMSj ANUM DIM and MART' DIA211, his wife, have executed a f dedication which is in goad and suff-Il.c.ient form, ga•-r_tir,g to the City of Cupertino, County of Santa Clara, State nZ California, the fee tis,l® to certain real property for roadway purposes, situate ir, the City of Cupertino, described as follows. BEGINNING at a point in the center line of the Stevens Creek Road from which point the center of Section 13, Township 7 South, Ranges 2 nest M.D.B. & M. (being the intersection of the center line of the Stevens Creek Read with the center lire of the Saratoga and Mountain View Road) bears S. 890 55 ' W. 905.97 feet, running thence alonq, the center lire of the Stevens Creek Road; N. 890 55' East 60.00 feet; -c�ience N. 00 0; ' W. 45.00 feet; thence parallel =.pith t.,e center• line of ',,b.e S --vens Creek Road, S. 690 55' West 60.00 feet; thence S. 00 03' E. 1!5.0'�' feet to the point of beginning, being a -ortion of that 11. 18 acre tract deeded tc John Montgomery by Deed dated November 2;, 1.919, and recordc0 in ?ook 499 of Deeds, page 320 in the office 3f the County Rec:or(fer. of San'--a Clara County, California. NOW, TAEREFOU, BE IT RESOLVED, that 'che City of Cupe._ i;ino acceF L said grant so tendered; and I`r IS FURTHER P.ESOI;rED, the..% th'e UiI-"y ;,lc:'K be a-c he is i;crab_- authorized to rece_rri said d�dieatio:i �d this Pesclati.:):�. PASSED AND ADOPTED thi r, r+..y of � -t,•y 1965, by the following vote: AYES : Councilmen - i ,t -c NOES: Councilmen - ABSENT: Councilmen - -�- ATTEST: A P PROVEI): my MR 121 C-=L. 07 CU P7RI111LIO CEFrLIFICATE OF ACCEPTANCE is hereby given in order to comply with the provis'ors of Section 27281 of the Government Code. This is to certify that the interest in real property conveyed by the deed or grant dated f-( Q o C i -T- from ACc a A -I- to e.,e i a political corporation and/or governmental agency is hereby accepted by order of the O C C •i LL ► t Q a L on r ( le � .?at� ve «c,_d )�_— e , e L _, (or by the undersigned (date) officer or agent on behalf of the (legislative bc_.-yT pursuant to authority conferred by resolution of the adopted on , } legislative body ate and the grantee consents to recordation thereof by its duly authorized officer. Dated: 4e Cn �. Cr r� LL BCD Q , 4` .L Q tL 4's�-J- K, G '" . r` %Td s Agreement,, made and entered into this Zth day of -A by and between � ,DIM, ..* and 91. hereinafter reFerised to as abd. t01ft OF0 a mantatpal corporation or tie. " st ate br al a,, hereinafter ref erred to as n mmll. WITNESSETH M, the OWNER ib requesting approval for the change of use of land within the CITY, and is securing, a building permit Nr, f:-om CITY to construct and maintain a commercial enterprise; and WIE'F'EAS, CITY will consider approval of such change in use of a land and issuance of the building permit on the agreement that OWNER will construct curb, gutter, sidewalk, and paving of STEVENS CREEK BOULEVARD 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 Ly the City Engineer of CITY;' now, therefore, IT IS HERE YR AGREED by and between the parties hereto as follows, to wit: (lj OWNER agrees to construct standard curb, gutter, sidewalk, and shall construct City Special Street Section consisting of twelve inches (12") of aggregate base and four inches (4") of asphalt con- crete surface for the entire area between the edge of pavement on the north side of Stevens Creek Boulevard and the lip of the pro- posed gutter all for the entire length of OWNER'S property along sa _r r Stevens Greek Boulevard, as sPec#.fied on a approved imp�o�re�en t plans and Ale SSdd Srove is shall: be constrr eted _*� accord s with to the Stindard S- Peelfleations of CM, and shall be consfta4ted under eft 34 t�.0Y1 �► and to the aVprovaEl. of the City Engineer Of C It, is.Wither Weed that 0*= shall. further 0139tru'Ct any add, all other Jimprovements., as shown on the approved Improvement plaits, includ rig CITY standard electroliers, and storm drainage facilities,s, in accordance with the standard specifications of CITY and to the satisfaction of the City Engineer, (3) It is further agreed that all of said improvements shall be completed within twelve (12) months from the date firL ` above written, provided, however, in the computation of said twelve morth period, delays due to or caused by Acts of God, viz, major strikes or other delays beyond the contrc:? :,f the OWNER, shall be excluded. It is expressly understood and agreed that if OWNER, shall fail to complete work required by this Agreement within said period of twelve (12) months of the date hereof, the CITY, after giving ter. (10) days written notice thereof to the OWNER may complete the same and recover the full coot and expense thereof from the OWNER. (4) It is further agreed that OWi11M shall file with CITY a bond in the amount of TWO THOUSAND ONE HUNDRED DOLLARS ($2,100.00) to insure full and faithful performance of the construction of all of the aforementioned improvement work and a bond in the amount- of TWO THOUSAND ONE HUNDRED DOLLARS ($2,100.00) to insure for labor and materials for said work. -2 a (51 It is further agreed that OAR shall have deposited with CM, prior to execution of this Agrvement,, for office checking of improvements and all necegeary direct expenses inured by C In R connection with said. lMrovewents,, the sum of TWO HUNDRE► DOLUM #200 000). uld ca ption costs vary materially, from the estate From which said'sty is calculated., the City Engineer shall notify OWNBR of any additional sums due and owing as a result thereof. (6) It is further agreed that OWNER shall pay to CITY, prior to execution of this Agreement, the storm drain charges in connection with the proposed eotm6rcial enterprise; J.P. accordance with the requirements established by Section 13:5 of Ordinance 47 (Revised 12/4/61), TWO HUNDRED FIVE DOLLARS ($205.00) . (7) It is further agreed that OWNER shall deposit with City, upon execution of this Agreement, -the amount of ONE HUNDRED DOLLARS ($100.00) as a Development Ma:Lnten.arice Deposit to insure proper dust control and -leaning during construction period. Unused balance to be returned after acceptance of improvements by CITY. (8) It is further agreed that OWNER shall pay any and all fees required by the Pacific Gas and Electric Company for installation, testing, and connection of underground wiring circuit to all elec- troliers as shown on said approved improvement plans, when OWNER is notified by either the City Engineer or the Pacific Gas and Electric Company that said fees are due and payable. (9) It is further agreed that the OWNER shall file with the CITY upon exeeutiox~. of this Agreement, a letter from the Central Fire Protection District of Santa Clara County, stating that the OWNER has entered into an agreement with and deposited all necessary fees with said District to insure installation and five (5) year rental fee of all fire hydrants as required by said District. ,3a It is furtlier agreed that OWMR shall file with MY, upon exeeutlon of thle Agrament,, a letter from the Cupertino 1. u,. Sanitary District Stablog that th$' , has entered: into a separate rt, agreammt with, said MjsUict to instal sanitary saver to sere ovow s: It is fua hBr a that MiCR shall carry out any and all negotiations with all interested parties, and perform or cause to be performed, at his owri cost and expense, any and all work of construction required to raise, lower, :�,elocate, or otherwise modify any irrigation line or lines and/or waterline or Lines and appur- tenances and/or any public utilities existing on any portion of OWNERfS lands or within the existing and/or future public right of way upon which the improvements are to be installed. (12) It is further agreed that OWNER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the CITY and to the entire satisfaction of the CITY all defects and imperfections arising out cf or dt.:.e to faulty work- manship and/or materials appearing in said work within a period of one (1) year after date of final completion and accaptance. (13) It is further agreed that OWE shall indemnify and save harmless the CITY, the City Council, and the City Engineer, and other officers or employees of the CITY from any suits, claims, or actions brought by any persons for or on account of any injuries or damages to persons or property sustained or arising in the construction of the work due to any acts, omissions or negligence of the OWNER, his officers, agent, employees, or contractors. OWNER shall carry Public Liability and Property Damage Insurance in an amount reasonably -4- r . x : necessary to cover any risk. OWNER shall file 2 certificate . evidencing s with CITY. It is further -agreed that the above named terms and conditions shall bind the heirs, suCeee' rs, adminiatrator8, or assigns of.OWNBR., and that ,OWNER, his successors and assigns shall. 1 abl,de by all ordirsaneek, laws, and regulations in full force and t wr a. . effect at, the time of the doing of the work herein provided to be done. The assigrMent of this Agreement shall not be made without F approval by the City Council of CITY. k IN WITNESS WHEREOF, CITY has caused its name to hereunto be affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council, and OWNER has hereunto caused his name to be affixed the day and year first above written. CITY OF CUP ,Kayo r B " ' - OQ fu.tA City Clerk '- OWNER: ANGEL DIAZ, MARY DIAZ JI14 N HI AND . N 'CHI igel Diaz---',' May Diam.101 APPROVED .AS TO FORM Nakanishi t tqiey M.H. Nakarftshi -5- RIM ar - f 1I i. y s on Wr vemen s EM ALL MM BY MMSE M3SMFfS: That we,, P ga Di",, MEX Diaz, Jim Ma H. Nakan- s as--principa as Surety 05 field MM FEMy 53M0 Onto e p o no, State of California, in the seam of Two Thousand One Hundred Dollars lawful money of the United States, for the payment of which will ande truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE COMMON of the foregoing obligation is such that, AS, said Principal will perform all necessary improvements relative to R ttae nortr� s .�texcum C Mk Dial,'amani...v__.�_�__re, located 400' west of Vista Drive in accordance with the approved Improvement Plarss prepared by Harlan„,_ c&th 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, WHEREAS, Improvements shall be maintained for a period of 3t least one (1l) year after acceptance of construction by the City. This bond shall 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 construction are corrected to the satisfaction of the City Engineer's Office. NOW, THEREFOR.✓, 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 rorce and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 2ad day of November 1965 (To be signed by fi Principal and S r nc and acknowledgme and notarial Is attached) - T V�IEFi.S I1i'DEMITY COWANY iYC ure y By orney- Z UMY t The above bond is accepted and approved his a of BOM NO. 12529141 .IAx. BOND Ptremius i� Hided in ebb��gs M Am l Il '- -slon mprovemeri s) ;ar Performance Bond MM .ALL MEN BY THESE PRESENTS: WSW",, the City of Cupertino, State of California, and r.�. �inafter es t. as F cipa have e e irtito or are a ou to enter into a contract providing for the installation, construction and erection by Principe.:, ,.e certain improvements more particularly described in said contract; and 111MIM8 said Principal is required to furnish a bond in connec- tion with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, pro- visions, provender or other supplies or tee used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety on said bond ri. ll pay the same to the extent hereinafter set forth; A we.. the Prl nCtpal, and Tim MVO 02DEM CMANT as Surety, Y i aurae ves, our executors, a ninistra; ,.. , ouc- cessors and assigns, jointly and severally, unto the City of Cupc_: tino, and any and all materialmen, persons, companies, or corporations fur- nishing materials, provisions, provender or other supplies used in, up- on, for or about the performance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and all persons, companies or corporations lending or hiring teams, imple- meents or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons 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 Ty�g Thousand One Hundred Dollars 2,100.00 THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors, heirs, executors, administrators, succes- sors or assigns, shall fail to pay for any materials, provisions, pro- ver,der or other supplies or teams used in, upon, for or about the per- formpace of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insur- ance Act with respect to such^, worc or labor, then said. Surety will pay the same and also will pay in case suit is brought upoi this 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 Section 1184.1 of the Code of Civil Procedure, so as to give a right of 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 tet.-ms of the contract or to the work to be performed thereunder or the specifications accompanying the sane shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed, by the Principal and Surety this g2ad day of IyMILer 1� . (To be Signed by , Principal and Suret y r1l pa and acknowledgment and notarial seal � E� IQE�•�fITY� CDi�A�lY attached) ,'c.n,►L 15urety By Tt orney-in-Pac . K. OS 1 The above bond is accepted and approved this a of r� f � 191L. 77 r � .OWN ' ,�.q ;.