CC Resolution No. 7637
RESOIDl'ION NO. 7637
A RESOIDl'ION OF '!HE CI'lY CXXJNCIL OF '!HE CI'lY OF aJPERl'lNO
AImK>RIZING EXEaJTION OF ENCROACHMENT PERMIT AGREEMENl'
BElWEEN '!HE CI'lY AND ROGER D. ANDERSON, aJPERI'INO ROAD
WHEREAS, the City of CUpertino is the owner of a right-of-way, which
is held for future roadway purposes parallel to the existin:J Stevens Creek
Boulevard, which right-of-way is adjacent to the property of Roger D.
An::1erson, hereafter designated as "OWner"; and
WHEREAS, OWner has applied to the City for the use of the
afo:relllel1tioned right-of-way on a tenqx>rary basis; and
WHEREAS, there has been presented to the City Council an "Agreement
Regarding Encroachment Pe:rmit", and the tenns and con::titions of said
agreement having been approved by the Director of Public Works and the
city Attomey;
NCM, THEREFORE 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 FURI'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 1rd day of October , 1988, by the
followin;1 vote:
vote
AYES:
Members of the city COUncil
Johnson, Koppel, Plungy, Rogers, Gatto
NOES:
None
ABSENT:
None
ABSTAIN:
None
A'ITES'I':
~:
Isl Roberta A. Wolfe
city Clerk, Deputy
/s/ John M. Gatto
Mayor, city of CUpertino
..
if
.
AGREEMENT REGARDING
ENCROACHMENT PERMIT
This Agreement made and entered into this day
of 1987, by and between the City of CupertIñõ; a
municipal corporation of the State of California,
hereafter designated as City, and ROGI£ll.. O. !\NP6.I;l.!;O¡"'¡
hereafter designated as Owner.
WIT N E SSE T H
WHEREAS, Owner is the owner of
property known as 222i"- Q""P. RD
more particularly described as:
certain real
, APN No. :3Z~-
50.CO
,
see attached
legal description
WHEREAS, the City is the owner of a right-of-way
which runs over Owner's real property and which is held
by the City for future roadway purposes parallel to the
existing Stevens Creek Boulevard. Said City's
right-of-way is delineated in a Tract Map, a copy of
which is attached to this Agreement, and
,
WHEREAS, City has no present use for said
right-of-way it owns and and Owner wishes to utilize
said right-of-way on a temporary basis, and
.
,.
WHEREAS, Owner has made application to City for an
encroachment permit to ponstruct 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 encroach-
ment permit to Owner to construct and maintain temporary
improvements under the conditions and restrictions con-
tained herein.
1
,
p
.
2. All improvements constructed or maintained by
Owner on City's right-of-way shall be temporary in
nature (e.g., fences, decks.) No permanent structures
including, but not limited to, buildings, swimming
pools, sidewalks, or tennis courts shall be permitted.
3. No improvement of any type shall be constructed or
maintained closer-than the adjoining property's new fence line that
overlooks Steven Craek 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 $ 1 000,000.00 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 aQY 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 recoverylqf 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
intendeQ 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
City Clerk
Owner
If?- flC~/ ,.
All signatures require notary acknowledgment.
..
Exhibits.~ "A"~_~__~___
-~._.-
GENERAL ~
state of califomia
COJnty of santa Clara ~
on this.,2,,2 ~y of þ'-~, in the year /qçf", before me
DorothÝCb'i1iëITus,.¿;.ty Cl ~y a~>"ed
'4f;1(2.-Æ' ~e~./
ÝpersonallY known to me
proved to me on the basis of satisfactmy evidence
to be the person ~ name is subscril:Jed to this instrument and
acknowledged that L2£= executed it. ' . .
witness ur¡ han:l and official seal.
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403819
Page 4
LEGAL DESCRIPTION:
All that certain real property situate in the City of Cupertino. County of Santa
Clara, State of California, described as follows:
ALL OF PARCEL 3 as shown on that certain Record of Survey filed in Book 190.
Maps at page 7, Santa Clara County Records and which said Parcel 3 is more part-
icularly described as follows:
BEGINNING at a point formed by the intersection of the centerline of Carmen ·Road
with the center line of the Old Stevens Cr~ek Road, ,aid point being marked by a
railroad spike; thence from said point of beginning along the center line of Old
Stevens Creek Road South 89' 53' 00" East 38.73 feet and South 61' 30 04" East
132.95 feet; thence leaving said center line South 32' 07' 00" West 20.04 feet tOo
the True Point of Beginning of th~ property to be described; thence from said
True Point of Beginning along the Southerly line of Old Stevens Creek Road South
66' 32' 01" East 168.61 feet; thence alongt,the Northerly line of Steven, Creek Blvd.,
North 71' 56' 31" East 164.98 feet; thence leaving the Northerly line of Stevens
Creek Blvd.. North O· 08' 54" East 119.31 feet to the true point of beginning.
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