The URL can be used to link to this page

CC Resolution No. 7648 RESOIDl'ION NO. 7648 A RESOIDl'ION OF '!HE CI'lY CXXJNCIL OF '!HE CI'lY OF aJPERI'INO AImK>RIZING EXEaJl'ION OF 'AGREEMENl' ~ING ENæoAaJMENl' PERMIT, ::;'J.1(I!;t;J: RIGIn'-OF-wAY' BElWEEN '!HE CI'lY AND MARI'AN AND ELIZABE:IH M1INN FOR '!HE ENæoAaJMENl' mro CI'lY PROPERl'Y FOR TEMPORARY USE - SCENIC B:XJIEVARD WHEREAS, the City of CUpertino is the owner of right-of-way, which is held for future roadway p.u:poses parallel to the e:xisting scenic Boulevard, which right-of-way is adjacent to the property of Martan Mann and Elizabeth Johnson Mann, hereafter designated as "OWner"; and WHEREAS, OWner has applied to the City for the use of the aforementioned right-of-way on a temporary basis; and WHEREAS, there has been presented to the City Council an "Agreement Regarding Encroadnœnt PerJnit, street Right-of-Way' and the tenus and conditions of said agreement having been approved by the Director of Public Works and the city Attomey; NCM, 'IHEREFORE, BE rr RESOLVED, that the city Council of the City of CUpertino hereby approves the agreement and authorizes the Mayor and the city Clerk to execute said agreement in behalf of the City of CUpertino. BE rr FtJRI'HER RESOLVED that said agreement shall be recorded with the County :Recorder's Office. PASSED AND AOOPI'ED at a regular meetin:J of the City COUncil of the City of CUpertino this 3lst day of October , 1988, by the following vote: vote Members of the city Council AYES: Johnson, Koppel, Plungy, Rogers, Gatto NOES: None ABSENr: None ABSTAIN: None A'ITES'I': APPROVED: /s/ Dorothy Cornelius City Clerk Isl John M. Gatto Mayor, City of CUpertino " AGREEMENT REGARDING ENCROACHMENT PERMIT STREET RIGHT-OF-WAY This Agreement made and entered into this 1988, by and between the City municipal corporation of the State of California, as City, and , hereafter designated day of of Cupertino, a hereafter designated as Mann. WIT N E SSE T H WHEREAS, Mann is 10037 Scenic Blvd. described as: the owner of certain real property known as , APN No. 357-9-56, more particularly legal description All of Lot 3, Tract 7005, recorded in Book 477 of maps at pages 24 and 25, Santa Clara Counry Records. WHEREAS, the City is the Owner of street right-of-way adjacent to the Mann's property and parallel to Stevens Creek Blvd. Said City's right-of-way is delineated on the map of Tract 7005 ,a copy of which is attached to this Agreement, and WHEREAS, City has no present use for said right-of-way it owns and Mann wishes to utilize said right-of-way on a temporary basis, and WHEREAS, Mann has made application to City for an encroachment permit to construct and maintain certain temporary improvements within said right-of-way and City wishes to allow Owner to Utilize said right-of-way on a temporary basis, but also wishes to retain the right to utilize the right-of-way for roadway purposes in the future. NOW, THEREFORE, it is hereby agreed between the parties as follows: 1. The City agrees to issue its standard encroachment permit to Owner to construct and maintain temporary improvements under the conditions and restrictions contained herein. . , . , , 2. All improvements constructed or maintained by Owner on City's right-of-way shall be temporary in n~ture (e.g., fences, decks.) No permanent structures including, but not limited to, buildings, swimming pools, sidewalks, or tennis courts shall be permitted. 3. No improvements of any type shall be construct- ed or maintained closer than ten (10) feet from the top of any slope which overlooks Stevens Creek Boulevard. 4. During the term of said encroachment, Owner shall hold City harmless from any claim made by any person, including Owner, for'personal injury or property damage resulting from the Owner's use of said right-of-way including, but not limited to, claims resulting from land subsidence, earthquake, avulsion, accretion, erosion, flooding, or other dangerous condition. Owner agrees that in the event of any claim by any third party is made against City regarding Owner's use of said right-of-way, Owner shall indemnify and defend City with respect to said claim. 6. Owner agrees to add City as an additional insured on its homeowner's liability policy which shall be for a face amount of at least $ I,OOO,OOO.OO and shall provide City with a copy of said policy together with all endorsements thereon. Owner agrees to maintain liability insurance in said face amount with City as an additional insured during the entire period of the encroachment permit. 7. Said encroachment permit may be revoked by City at any time for any reason upon 30 days written notice. Upon receiving notice of revocation issued by City, Owner shall, at its sole cost and expense, remove all improvements within the City's right-of-way. If Owner fails to remove said improvements within the 30 day notice period, City may enter Owner's property and remove said improvements and bring civil action against the Owner for recovery of its costs of removal. In the event that such a civil action is brought to recover costs of removal, City may recover its legal costs including reasonable attorney's fees from Owner or Owner's successor-in-interest. 8. This Agreement binds the parties, their heirs, administrators, executors, successors, assigns, and their successors in interest. This Agreement is intended to be a covenant running with the land of the Owners and shall be recorded in the Office of the County Recorder of the County of Santa Clara, State of California. 2 ·' IN WITNESS WHEREOF, City has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said Owner has hereunto caused his name to be affixed the day and year first above written. CITY OF CUPERTINO Approved as to form: Mayor City Attorney ~~~?(-4~~ All signatures require notary acknowledgment. Exhibits "A" GENERAL ACKNOWLEDGMENT NO.2Q I r~:::;¿~ ;~:~::~'=}'~~~'~*~::::S~J2the b ~~~~~~:~~~:::~~Ól (~ County of ~~~ 0 Tt\, ,'e, 17t>.../1 (/3, . ". i~ \' . (~ c~ *1 ~ II ,~ " the undersigned Nolar Public, personally appeared /~d;;;~ /1;ifn.,.. ;/,'1--è"J-ie( riAt¡StJh-/Þ¡r¡ ?~,'.JG{,)G.{~JG'l<;(.'{D(,';0C~··';".' JC<. ~ ~~:-' ~';.' ,C('J(.:.:J,;':...':~ G (f2......:.~.....;._.'...".... . r 'IC-' 'r .¡" ¡ :t; " ,),.j' ., ",. '.!." ,.. r; . .., .) D~· "I., ',., C ,." ~; .. ,; ',,)1:''''', - ',' .. u'...."11/~....:o. _ ,",... ..../5 ~_) :,~ ~ß 1';':.'PL,'!'l';.!·'·(..'.- ",' (; S:\;';".','.\ CL.-:,;",.-', .~ ~:d: :¡Y .,j ~ My Ccmrni!siun E::pi(t:!~ ~,:-.:. :¿r, V:";:2 ~; ~ ~, ~:...9::"'C:)lX:.JG'GG:-.:JC -<.9 ::l:.ì;;ÜCU;::l':;(;-Ld..:U :,,:,:.,':'-.::.:)(;:0 ~rsonally known 10 me [J proved to me on the basis of satisfaclory evidence to be the person(s) whose name(s) Ñ.-r ~ subscribed to Ihe wilhin inslr nl, and acknowledged thai 7.¡( ~-¥---execuled it. WITNES my and and official seal., ~ I ÆJUæ. a-L N " \, " I . .-: _'....... ...._: ....~ ...;.-:._',.', .........,~;.~.-', _'. ~ _' ....... -:~.~.,. '-'~~~'"'-'-:--:-:~;-:-!.",,/<-~'r"":~J."~~~.~¿''':;'~.--;--~,~":~~--;:~~.~....-'/''''''':''''''/~~"~;""';'-3"""~"""//~/"""'?~~.-"~""""~~~~.2 NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd. . P.O. Box 4625. Woodland Hills, CA 9136 7110122 --_._~ -- ----1:f s I ·---ñifl>7iFiËiõñ IN ~ "'&,9 I>r MIIP$ IT PII&£S S/. &0, SANTI/ t:L11~11 I:()VNTV ~£l~1JS WI/S TIlnN ßS ,rl/£ 4~~ ø,r 8L9RII/&S ~~ TI/IS M"'P ·--------··7' ,~ ,- f.'· ..00' ~ '!~~ .' 4- ~'- ~ · · · t r CJ ..... ~ tJ CI) , "'."'.~; "'''~ .. ., . , '*. D D' 'lit .,/" DDI'C CUPë, ~":O s'tÞ~"i.~~ ~£'G(H,'·A"(SS 2 7.349 Sq.F1. '.. - -.! - -. -",'2' .- ," ..' II ~ ~ "~tIÌ ¡O.. ISJ)(J' ~ ,11,310 N8!rs2'S4./J'·£. 11Ij~ '00.12''- P ~~ . y--. . L'·· ------- ß!'Ø~ GILL 100.12 -_s A~£ T....rHAr 1ï'/4/S11KaN'£ ~ß ft..w'"..,rKß"""', 1J.r $~V4Y "1¥.4'S "" 'Ma /,¥ry N~"rJJS. --- .- N8rSZ·$t1.Ë