CC Resolution No. 7478
RESOWI'ION NO. 7478
A RESOWI'ION OF 'IHE CITY CXXJNCIL OF 'IHE CITY OF aJPERI'INO
AUIHORIZING EXEJC:1mON "AGREEMENT REGARDING ENCROACHMENT
PERMIT" BEIWEEN THE CITY AND aiUA LIN FOR 'IHE ENCROACHMENT
INTO CITY mDPERTY FOR TEMroRARY USE - STEVENS CREEK B:XJIEVARD
WHEREAS, the city of CUpertino is the owner of a right-of-way, which
is held for future roadway purposes parallel to the existirq stevens Creek
Boulevard, which right-of-way is adjacent to the property of Chua Lin,
hereafter designated as "Owner"; an:i
WHEREAS, OWner has applied to the City for the use of the
aforementioned right-of-way on a tenqJorcu:y basis; an:i
WHEREAS, there has been presented to the City Council an "Agreement
Regarding Encroachment Permit", an:i the terns an:i conditions of said
agreement havirq been approved by the Director of Public Works an:i the
city Attorney:
NOW, 'IHEREFORE BE IT RESOLVED, that the City Council of the City of
CUpertino hereby approves the agreement an:i authorizes the Mayor an:i the
city Clerk to execute said agreement in behalf of the city of CUpertino.
BE IT FURTHER RESOLVED that said agreement shall be recorded with the
County :Recorder's Office.
PASSED AND ADOPl'ED at a
City of CUpertino this 2nd
followirq vote:
Vote Members of the City Council
regular meetirq of the City Council of the
day of May , 1988, by the
AYES: Johnson, Koppel, P1ungy, Rogers, Gatto
NAYS: None
ABSENT: None
~: None
ATIEST: APPROVED:
/s/ Dorothy Cornelius
city Clerk
/s/ John M. Gatto
Mayor, City of CUpertino
AGREEMENT REGARDING
ENCROACHMENT PERMIT
+1,
This Agreement made and entered into this Z~ day
of IV ð v' 1987, by and between the City of Cupertino, a
municipal corporation of the State of California,
hereafter designated as City, and CH-UA L/'0
hereafter designated as Owner.
WIT N E SSE T H
WHEREAS, Owner is the owner of certain real
property known as 22213 ['YU/iVT/Ç}f/¡je) C1-, APN No. 357-9-78,
more particularly described as:
ALL of Section 97 as designated "Map of Inspiration
Point, Monta Vista", recorded in Map Book UP" at page 18,
Santa Clara County Records.
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, èity 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 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 encroach-
ment permit to Owner to construct and maintain temporary
improvements under the conditions and restrictions con-
tained herein.
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 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 $ 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 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
City Clerk
-ci~
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'---"
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Owner
By:
All signatures require notary acknowledgment.
Exhibits "A"
C~/I-(èII
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71'
On this the;r L¡ I 'day of
,No (/OIIJ/? f)C~ 196"7 before me,
Stateo! __(,flu FùfU(¡/)
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County of ~ elf" , (2
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the undersigned Notary Public, personally appeared
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'J.UI~-~~_D personally known to me
'G' OFFICIAL SEAr: ~ proved to me on the basis of satisfactory evidence
, IiEUN K. YATES to be the person(s) whose name(s) /-IF
NOTARY PUILIC. CAUFORNt" ' ' ¡II
, SANTA CLARA COUNTY A within instrument, and acknowledged that ¡re-
My <:ømmitslon bpi,.. May 10, 1991 ~ WITNESS my hand and official seal.
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Notary's Signature /
subscribed to the
executed ;1.
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(i[~ERAl ACKNOWLEDGMENT FORM 1110052
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