CC Resolution No. 8908
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RESOLUTION NO. 8908
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING A GRANT OF CONSERVATION EASEMENT FOR THE
PRESERVATION OF SPECIMEN TREES FROM ISHW AR P. MURARKA AND
RAGINI S. MURARKA, 10446 SAN FERNANDO AVENUE
WHEREAS, Ishwar P. Murarka and Ragini S. Murarka have executed a Grant of
Conservation Easement which is in good and sufficient form, conveying to the City of
Cupertino, Grantee, an easement for the preservation of specimen treeS over the property
situate in the City of Cupertino, County of Santa Clara, State of California, more
particularly described in Exhibit "A" and Exhibit "B", attached hereto and made a part
hereof:
All that certain real property situate in the City of Cupertino,
County of Santa Clara, State of California, consisting of approxi-
mately 0.002 acres located at 10446 San Fernando Avenue.
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said
grant so tendered; and
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record
said Grant of Easement and this Resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21st day of June ,1993, by the following vote:
Vote Members of the City Council
A~S: Dean, Goldman, Koppel, Sorensen, Szabo
NOES: None
JUBSENT: None
JUBSTAIN: None
APPROVED:
/s/ Nick Szabo
Mayor, City of Cupertino
ATIEST:
/s/ Dorothy Cornelius
City Clerk
GRANT OF EASEMENT
CONSERVATION EASEMENT
Ishwar P. Murarka &: Ragini S. Murarka, 10446 San Fernando Avenue,
hereinafter called GRANTOR, hereby grants to the City of Cupertino, a municipal
corporation, hereinafter called GRANTEE, a conservation easement (C. E.) for the
preservation of specimen trees within the hereinafter described property of those
certain premises which are situate in the City of Cupertino, County of Santa Clara,
State of California, and described as follows:
All that certain real property situate in the City of Cupertino, County of
Santa Cara, State of California, being a conservation easement for the
preservation of specimen trees over a portion of that certain parcel of
land conveyed to Ishwar P. Murarka and Ragini S. Murarka, husband
and wife, as joint tenants,-by deed recorded July 24, 1992 in Book M296
of Official Records at page 557, Santa Oara County Records, being a strip
of land of a uniform width of 2.00 feet, the southerly line of which is
described as follows:
BEGINNING at a point on the Southerly line of said parcel conveyed to
Murarka, said point being distant thereon 589°51'20"E 70.91 feet from
the Southwesterly comer of said parcel; thence from said POINT OF
BEGINNING along the southerly line of said parcel conveyed to
Murarka 589°51'20"E 53.00 feet to the terminal point of the Southerly
line herein being described. ¿ol1'¡t:\~n""'1 (()Iç Sq - -8- oR- O' 002- ^t.~ç.
tv1on" 0"- \.xç _
Grantor is hereby restricted for specific activity inside the easements:
1. Restriction of Harmful Practices
Grantor is hereby restricted in his or her use of the property as follows:
a. Installation of impervious pavement beneath the canopy is
prohibited.
b. Installation of frequently irrigated plants (once in two weeks or more
frequent> is prohibited.
c. Use of sprinkler irrigation beneath the tree canopies, or irrigation
practices which wet the area within 3 feet of the trunk is prohibited.
d Use of turn grasses beneath the canopy is prohibited.
e. Removal of limbs or branches larger than 12" in diameter without a
report from an ISA Certified Arborist agreed upon by both the
property owner and the Community Development Director is
prohibited.
.J
f. Construction of a below grade spa or pool inside the drip-line of the
trees is prohibited without conference with the builder, and written
directions for preservation of adequate root mass of the trees by an
ISA Certified Arborist agreed upon by the property owner and the
Community Development Director.
g. Construction which causes the removal of more than 15% of the
absorbing root mass of any tree is prohibited.
h. . Change of soil grade beneath the canopy, and within 10 feet of the
. canopy is prohibited.
2. Public utility companies shall not be allowed to trench in the designated
easement area nor shall they be allowed to place wires above the trees and
within the easement.
,
. Grantor hereby further grants to Grantee a right of reasonable access and
privilege to enter upon his lands contiguous to and along the line of said
hereinabove described strip for the purpose of inspection.
It is understood that the existing concrete walkway located on the Southerly
side of the property, within the hereinabove described conservation easement, is
allowable until such time as it is replaced. Any such replacement must meet the
requirements set forth above.
Any specific activities described in the hereinabove described easement do not
relieve the Grantor from conforming to City Ordinance No. 1573 (Specimen &
Heritage Tree Ordinance).
IN WITNESS WHEREOF, said parties have executed this Grant of Easement
this -' S r day of -:r \..L Y\ e... . 19 cl 3 .
~f·M~
Ishwar P. Murarka '. ---,.
urarka
(Notary acknowledgment
to be attached)
r;,:'
..
CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
State of ~A
Counly ofS C n +-4
On 0- 1- '73 before me,
DATE
personally appeared~A nk? r ¿
u rcrl:."? ""'-.¿
NAME(S) OF SIGNEA(S)
/
:ø.eersOnallY known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) islare
subscribed to the within instrument and ac-
knowledged to me that helshelthey executed
the same in hislherltheir authorized
capacity(ies), and that by hislher/their
signature(s) on the instrument the person(s).
or the entity upon behalf of which the
person(s) acted. executed the instrument.
I~~AA..A~A.~~ 1
. ....:<:. JUDYOOUlTF.:~
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z ,·,t' :C1!:,i¡,f: Notzry Fu~:c - C<;;:~"'rla fõ,
z . ~.~. SANTACl.NlI\C.'OU. "TV. ~. ~
J '.,. f4'Comm.Exp;:~f..i.'~r111.1£:'3
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THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
~
Though the data requested here Is not required by law,
It could prevent fraudulent reattachment of this form.
WITNESS my hand and official seal.
OPTIONAL SECTIO
TITLE OR 'TYPE OF DOCUMEN
NUMBER OF PAGES ~
- OPTIONAL SECTION_
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
o INDIVIDUAL
D CORPORATE OFFICER(S)
Y"~
TITlEIS)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
DATE OF DOCUMENT '7-d,/-- 7";;'
~~
No. 5193
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PLAT TO ACCOMPANY DESCRIPTION
COIISERV"T1~ EASÐ4ENT.~'
LANDS OF .NURA~ TO BE.
coNvEYED TO THE an OF CUPERTINO
ÇlJPERTlNO CAUFORNlA
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