CC Resolution No. 8816
RESOLUTION NO. 8816
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE AMENDED PARCEL MAP OF PROPERTY OWNED
BY CUPERTINO GATEWAY PARTNERS AND SOBRATO DEVELOPMENT
BOUNDED BY ROUTE 280, NORTH DEANZA BOULEVARD AND MARIANI
AVENUE; AUTHORIZING THE SIGNING OF AMENDED MAP
WHEREAS, there has been presented to the City Council the Amended Map of
property located on the east side of North DeAnza Boulevard bounded by Route 280,
North DeAnza Boulevard, and Mariani Avenue, by owners Cupertino Gateway Partners
and Sobrato Development; and
WHEREAS, the purpose for the amended map is to reflect the changes in Owner's
Statement as requested by the lending institution, and to reflect the new water line and
emergency access easements as they were previously approved by the Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby approves the aforementioned Amended Parcel Map and authorizes the
City Engineer and the City Clerk to sign said map.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 4th day of .T~nll~ry , 1993, by the following vote:
Vote Members of the City Council
A1fES: Dean, Goldman, Sorensen, Szabo
NOES: None
ABSENT: Koppel
ABSTAIN: None
APPROVED:
/s/ Nick Szabo
Mayor, City of Cupertino
ATTEST:
/s/ Dorothv Cornelius
City Clerk
3. D.1rin;J the term of said encroaàDnent, owner shall hold City
harmless £ran arr¡ claim made by arr¡ persat, includin¡ owner, far: persœal
injmy ar: prcprty .-1"""'9'" resultin;J £ran the owner's use of said ¡.u.'-'f?ð1.ty
incl1.ldin;J, but not limited to, claims resultin;J frail lan:l sutsidence,
earthquake, avulsiat, aocreticx\, erœiCX\, floodin;r, ar: other darJ;Jercus
ccniiticx\. owner agrees that in the event of arr¡ claim by arr¡ thirà party
is made against City ~ owner's use of said prq¡erty, owner shall
in:Iemnify and defen:l City with respect to said claim.
4. owner agr -- to add City as an additia1al insured CX\ its
hcmecwner's liability policy whid1 shall be far: a face aJ1ØD1t of at least
$1,000,000.00 and shall provide city with a 0CI£1':/ of said policy together
with all eOOcrsements t:herecn. owner agrees to maintain liability
insurance in said face aJ1ØD1t with City as an additia1al insured durin¡
the entire period of the encroaàDœnt permit.
5. said eb............l......at. permit may be revcJœd by City at arr¡ time far:
arr¡ reasCX\ upa\ 30 days written notice. t4'a1 reœivinq notice of
revocaticx\ t........... by City, owner shall, at its sole cost and expense,
reIIICIIIe all ~ within the City's t"_Lt. U owner fails to
reIIICIIIe said ~ within the 30 day notice period, City may enter
owner's ¡.u.~t.y and r8I1CY8 said ~ and Irin¡ civil actiCX\
against the owner far: recovery of its casts of reIIDVal. In the event that
such a civil actiCX\ is Œa.1ght to reccMIr casts of reIIDVal, City may
recaver its legal casts incl1.ldin;J reasœable attorney's f_ frail owner ar:
owner's succ e_in-inter:est.
6. '1his ~~ b!ms the parties, their heirs, administrators,
executar:s, suoo·....''''"'S, assigns, and their sue; ..... in interest. '1his
J\greEIDent is i.nterñed to be a oownant runnin;J with the lard. of the owners
and shall be !..........doed in the Office of the 0Junty Ra:....4.der of the 0Junty
of Santa Clara, state of california.
m Wl'DIESS tIŒmDF, City has calIF"" its name to be hereunto affixed
by its Mayor: and City Clerk, thereunto duly authorized by resolut1CX\ of
the City OCAmcil and said owner has hereunto CalJS«J his name to be affixed
the day and year first aÞoIIe written.
cmt' OF aJPmrnD
~ as to form:
Mayor:
City Attorney
City Clerk
bAœL~ 6k~
~~~/
By:
All signatures require notary acIcrøi'''''''''.P'-at..
EKhibits "A"
2
~ ~""nt;
FK1ÐIIaIG!Nl' ~
'Ibis l\greement made ani entered into this I f-ft.- day of ~ ¡J I ,
1992 by ani between the City of 0Jpertin0, a TIUlÙ.cipal c.u..pœ:ation of the
state of california, hereafter designated as city, ani Jã"'~J t... /ú.fc~_,4u
hereafter designated as OWner.
WITNESSETH
WHmFAS, OWner is the owner of certain real loIL..........tj kr¥Jwn
as /0342. 'SC.E1IJ IC- R\....vO ' , APN No. 357-08-0~ , 1IDr8 partia1larly
described as:
see attaå1ed
plat map & legal description
WHmFAS, the city is the owner of B"''''1dJerry Fam propetty Wiå1 is
adjacent to the owner's real prcpert:y ani contains the exi.stin¡ stevens
creek. Said city's loIL..........ty is shewn in the attaå1ed plat map, ani
WHmFAS, city has no lolL seJit use far that portion it owns ani owner
wishes to utilize said portion on a t:euparary basis, ani
WHmFAS, owner has made application to City far an encroachment
permit to ClOh:.t..tJCt ani maintain certain t:euparary iJIprovanents within
said loIL..........ty ani City wishes to allow owner to utilize said portion on a
tarpJrary basis, I::ut also wishes to retain the right to utilize the
portion far p.rblic pnpOS9S in the future.
Naol, 'lHmEFœE, it is hereI::r¡ agreed betI.-n.the parties as follows:
.
1. '!he city agr ~ ! 1 to issue its stan:1arã encroachment permit to
owner to oa...L..tJCt ani maintain t_,'l' ,..art¡ iJIprovanents mœr the
cxniitions ani restrictions contained herein.
2. All iJIprovanents CCI'IStructed ar maintained by owner on city's
property shall be t....... u.art¡ in nature (lined swale). No permanent
stJ:u::tures incll.ldir¥1, I::ut not limited to, blildin;¡s, swiDmin;J pools,
sidewalks, ar tennis oa.trts shall be permitted.
1
.....-. tIIA... """,..,.. "'...". "'" .. ...... .....1.... j
K.Af"C/I '" j 771dl
NAME(S) OF SIGNER(S)
o personally known to me - OR - ,E!..proved to me on the basis of satisfactory evidence
to be the person(.ø1' whose name(81" j§{at'Ø'
subscribed to the within instrument and ac-
knowledged to me that I!e1shel#le1 executed
the same in t:Hsiher/~ authorized
capacity~, and that by .I:IieIher/#Ieir
signatura1S7 on the instrument the person(IY.
orthe entity upon behalf of which the person.(.8t
acted, executed the instrument.
Witness my hand and official seal.
State of r'..lJLi Pñ ¡(A //1
County of $j11iIJA CL/1-UJ
On 9 - í/- 9.:L
DATE
before me,
personally appeared
¡)I!..sc/LA
OFFICIAL SEAL
HELEN K. YATES
Notary PIbIc-Collfamla
SANTA CI.ARA COUNTY
My COrnmIIIIon &1*-
May 19. 1995
}
J.Ic"""LOV k. ý~ Alnnl.R.'t" fi"AUC;-
NAME, TITlE DF OFFICER· E.G., "J.Q. E DOE. NOTARY PUBLIC"
NO 209
CAPACITY CLAIMED BY SIGNER
lii(.INDIVIDUAL(S)
o CORPORATE
OFFICER(S)
TlTlE(S)
o PARTNER(S)
o ATTORNEY·IN·FACT
o TRUSTEE(S)
o SUBSCRIBING WITNESS
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PEASON(S) OR ENTITY(IES)
se,jW
~~ ~~~,
SIGNÃ~OF NOTARY
AnENTION NOTARY: Although the information requested below is OPTIONAL. it coukt prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document /?~. ~- _ -:7'7 ~. ~ ~ ~h _ _< .;:r. A- :r:-
MUST BE ATTACHED Number of Pages ?,;t... Date'Bf Document .--
TO THE DOCUMENT -
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above .:7}J1I1 (F.$ LAS('.II",,~ ~1Wè",7U::..
/
C 1991 NATIONAl NOTARY ASSOCIATION" 823e Remmel Ave.' P.O. Box 7184" Canoga Part!.. CA 91J04.7184
ENERALACKNOWLEDGMENT
State of
County of
}SS.
1- -,0/, '. GANELLE BRAJKOVICH 1
Vl8" '-.. COMM. #840780
"'Y:', é:",,- NOTAJ\YP\)8UC-CAUfORNlA~
'" '('" 'Jl' ALAMEDA COUNTY -
~ -, "-,,,, My Comm. Expirw AAlpt3, 1993 I
NO.2\)1
9.h-
19_, ~fore me,
,)
')
"
,!'
w
. . ~
the undersigned Notary PubliC, personally appear
VíJ. N cS 1, Kits C J¡ 11 / /--Je¡¿
o personally known to me
¡mroved to me on the ~s of satisfactOfy eviœnce
to be the nam
. and acknowledged that
and official seal,
ATTÐfTION NOTARY: Although the information teq.I8Sted below is
THIS CERTlRCATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Number of Pages
Signer(s) Other Than Named Above
019
NAJ10NAl NOTARY
,
,
executed it.
~
8231RerrmM.... -P.o. b 7tlM-CMogI.FWk, CA 913J4.7184
EXHIBIT A
LEGAL DESCRIPTION
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California des=ibed as follows.
Being all of Lot 28, as said Lot is shawn on that certain Map entitled,
"Map of M:Jnta Vista Park", filed for record in Book "P" of Maps at page
19, Santa Clara County Records.
TOGE:l'HER WITH that certain portion of Riviera Road as said Road is shown
on that certain Map entitled, "Map of M:Jnta Vista Park", filed for record
in Book "P" of Maps at page 19, Santa Clara County Records described as
follows.
1) On the North bounded by the easterly extension of the northerly line
of said Lot 28 of said M:Jnta Vista Park.
2) On the South bounded by the easterly extension of the southerly line
of said Lot 28 of said M:Jnta Vista Park.
3) On the West bounded by the easterly and northeasterly line of said
Lot 28 of said M:Jnta Vista Park, and
4) On the East bounded by the easterly line of Riviera Road of said
M:Jnta Vista Park.
EXHIBIT B
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KIRKEBY ENGINEERING CORP.
100eo N. .an, Ate.
C........ CA. NOl4 401)112 "10
PLAT TO ACCOMFI4NY ŒSCRIPTION
ENC~OACHMENT PERMIT- '-0';' 28,
"Mop or' H(JfIfQ lIi.1o I'ork" qnd f'ørl/øn
01 former HivíðrO Hd. Cu. fino Ct1/if.
Scala: 1 . «J OOT. 19'2. ". No,