CC Resolution No. 7647
RESOIDl'ION NO. 7647
A RESOIDl'ION OF '!HE CI'lY CXXJNCIL OF '!HE CI'lY OF aJPERI'INO
AImK>RIZING EXEaJTION OF I AGREEMENl' :REX;ARDING ENCROACHMENI'
PERMIT, SlOPE EASEMENI" BElWEEN '!HE CI'lY AND MARI'AN AND
ELIZABEIH MANN FOR '!HE ENCROACHMENT mro CI'lY PROPERlY
FOR TEMroRARY USE - SCENIC B:XJIEVARD
WHEREAS, the City of CUpertino is the owner of right-of-way, which is
held for future roadway purposes parallel to the existing 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 Encroachment Permit, Slope Easement" and the tams and
con:titions of said agreement having been approved by the Director of
Public Works and the City Attomey;
NCM, '!HERtæ1.JKt!;, 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 FURIHER RESOLVED that said agreement shall be recorded with the
County Recorder's Office.
PASSED AND AOOPI'ED at a
City of CUpertino this 3lst
following vote:
regular meeting of the City Council of the
day of October , 1988, by the
vote
AYES:
Members of the city Council
Johnson, Koppel, Plungy, Rogers, Gatto
NOES:
None
ABSENT:
None
ABSTAIN:
None
A'ITES'I':
APPROVED:
Isl Dorothy Cornelius
city Clerk
Isl John M. Gatto
Mayor, City of CUpertino
AGREEMENT REGARDING
ENCROACHMENT PERMIT
SLOPE EASEMENT
This Agreement made
, 1988,
municipal corporation of
as City, and
and entered into this day of
by and between the City of Cupertino, a
the State of California, hereafter designated
, hereafter designated as Mann.
WIT N E SSE T H
WHEREAS, Mann is the Owner of certain real property known as
10037 Scenic Blvd. . APN No. 357-9-56 , more particularly described
as:
legal description
All of Lot 3, Tract 7005, recorded in Book 477 of maps at pages
24 and 25, Santa Clara Couaty Recorda.
WHEREAS, the City has
real property which is for
easement is shown on Tract
this Agreement, and
a slope easement over a portion of the Mann
future roadway widening. Said slope
7005 ,a copy of which is attached to
WHEREAS, City has no present use for said slope easement and Mann
wishes to utilize said right-of-way on a temporary basis, and
WHEREAS, Mann has made application to the City for an encroachment
permit to construct and maintain temporary structures which do not
extend below existing grades, and City wishes to allow Mann to utilize
said slope easement on a temporary basis. but also wishes to retain the
right to utilize said slope easement in che future.
NOW, THEREFORE, it is hereby agreed between the parties as follows:
1. The City agrees to issue an encroachment permit co Mann to
construct and maintain temporary structures under the conditions and
restrictions contained herein.
2. All temporary structures on the City's slope easement shall
be built on existing ground. No excavations for piers, posts, footings
or any other reason will be allowed.
revised 8-19-88
3. 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, Mann shall. at their sole cost and expense,
remove all temporary structures within the City's alope easement. If
Mann fails to remove said improvements within 30 days, City may enter
Mann's property and remove said temporary structures and bring civil
action against the Owner for recovery of its cost 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 Mann.
4. 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.
IN WITNESS WHEREOF, City has caused its name to be here~nto
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
City Clerk
)
OWNER";j~. " ¿:l
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Signatures require notary acknowledgment.
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NO. 201
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