HomeMy WebLinkAboutPole Contacts, Service Riser Pipe - P.G. & E. - 1969 P.G. & E. PoIP- .Contacts
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2=.&c13E"=a e�JALS JLMD 3ET-j3EcrrTt1C; C�C)M3PAW"Y
750 WEST OLIVE AVENUE • SUNNY-VAL-E, CALIFORNIA 94C88 • (408) 736.3431
February 11, 1969
City of Cupertino
10300 Torre
Cupertino, California
Gentlemen:
Attached is your tu?:y executed co�,;r of the agree-ent
cover''ng the contacts ;you oropose t3 „sake on our ,--es
located on the no:_ .::.rest corner o= os.7 -nd
Boulevard, Cupertino.
Sincerely,
r
i
Gunn
!•~_ana?er
Attach.
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-� 9&1*4 M► 040 ms tea.
T';7M 791M,�
COVEMO FOIA CONTAMS
gra PA ,M Wk CM Ate HIROWC COMANY, a GaMunis corporation, h
hereinafter caDW Putt
L ift ersi ors of Perani%Ws promism herein Pacific hereby gives Permitf*o on,
on the t and conditions herein stated, to install, maintain and use equipment on the poles and
for the dedsmated on the sketch aftched hereto,noarked Exhibit A and hereby made a
L This Permission is personal to Permittee and shall not be assigned in whole or in part without
the wdIten consent of Pacific first being had.
L Pennittee shall fnd&H its equipment on said poles in the manner designated on Exhibit A.and
thereaftw at all times nru dutain and operate same in a skillful,lawful and proper manner satisfactory
to Pacific and so as not in any way to interfere with any powcr line,telephone line or other structure
maintained or operated by Pacific or*them
4. Pernditee shall p to Pacific on the finis day of each January the sum of Free
..
for each pole contacted hereunder on such day, provided, however, that such payment shall not be
less than ___ao long as Permittee shall contact any of said poles hereunder.
6. All of said equipment shall be installed and maintained at the sole risk and expense of Permit-
s tee, and in this connection Permittee shall indemnify Pacific, its officers, agents, and employees
against all loess, damage, expens% and liabift resulting from injury to or death of person or incurs-
to property arising out of or in any way connected with the exercise by Permittee of the privileges
herein given.
6. Within thirty days after being given written notice by Pacific to do so,Permittee shall remove
its equipment from such poles as may be designated in such notice,and at the expiration of said time
all rights of Permittee to use such poles sty designated shall forthwith cease. If Permittee fails to re-
move its equipment from such poles within said time,Pacific shall have the right to do so at Permittee's
A risk and expense. Such removal, whether by Pacific or Permittee, shall not release Permittee from
any obligation,whether of indemnity or otherwise, accruing prior to such rm3moval or arising out of an
occurrence happening prior them►.
7. If Permittee fails to use its equipment for any period of sixty consecutive days that fact shall
be conclusively presumed an abandonment thereof by Permittee and shall terminate all rights of Per-
mittee hereunder, whereupon Pacific shall have the right, on giving Permittee ten days' written
notice of Ra intention so to do, to remove said equipment at Peramittee's risk and expense, and retain
same as its own. Such abandonment shall not relieve Permittee of any obligation,whether of indem-
nity or otherwise, accruing prior to completion of such removal by Pacific or which arises out of
an occurrence happening prior thereto.
S. Any notice to Permittc a hereunder shall be deemed given on the date of its deposit in a United
States post office enclosed in an anvelope, postage prepaid, and addressed to Permittee at its last
known address.
9. Permittee shall obtain from public authorities and private owners of real property any and
all permits,, licenses or grants necessary for the lawful exercise of the permission hereby given.
10. Time is of the essence hereof.
Executed Ain.� day of
P C G AND E LFCTRIC COMPJLgY
list. 19656
g�
W.O. 195yb g Ort San -see army @RAMo.■
Northwest Corner and Fbothill Boulevard CITY OF CUPgRTINO A Politioal Subdivision
r , . I
Exhibit "A" attached By$
103W 7Ic o California
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» .' eACtP1C GAS ANP GL g--TRIC C094 aA►NY
Pa fps# REVIM CAL.P.U.C.Wit'M. B
Catteeling Revised CAL P.U.C.Sheet No. 2S.1-E ,
SCHEME LS-2
STMEOr Ate!MMGKWAY LTMPtM M
•
t Me Milladde it apracahls to ec WAM to sheet,highway Md ath•S vWWU outdoor lighting;insuma-
U004 Oda boandwom
or can"suspension
&M all�ylied h�owhead or �lines,why o WM bracket,wns am
maintains the
S'atsrtaeye
The entire territory served outside of the incorporated limits, as they existed on the dates shown
In the index of Cities, of all cities and towns except the service area of former Coast Counties Gas
and Electric Company and the Vallejo Bate Area.
Rsts=
Ras par Imp par awinh
A SNight Midnight
lamp Rating ,:3ervice Service
3meaadasosmt Lsseps 600 lumens or less =L90 $L60 1
L00tllumens L25 Los
2,6001umen. L45 &00
4,0001omens 4.50 Us
6.000lumens 4.95 4.15
10.000lumens 6.50 6.30
15,000lumens Us 6.65
25"lumens I= 9.46
Mrcu=y Vapor Lamps 11,000 lumens 7.60 6.40
16.000 lumens UO 7.30
20,000lumens 9.20 7.70
Spaoiat Cis=
(a) Company reserves the right to supply either"series"or"multiple"service,
(b) The above rates apply to lamps which will be turned on and off once each night in accordance
with a regular burning schedule agreeable to the customer but not exceeding 4,100 hours per year for
all-night service and 2,050 hours per year for midnight service.
(c) Rates for regular operating schedules other than fall all-night but not mldnfght will be the
midnight rates plus or minus, respectively, for each half hour per night more or less than midnight
service, one-eleventh of the difference between the midnight and the all-night rate, computed to the
nearest whole cent This adjustment will apply only to lamps on regular operating schedules which do
not exceed 4500 hours per year.
(d) The foregoing rates apply to installations of ten lamps or more. When service is supplied for
leas than ten lamps, the above rates increased by 10 percent will apply except in those cases where the
customer supplies the switching service. Such increase in rates will be based upon the total number of
lamps controlled from one switching point and not upon the total number of lamps billed to any one cus-
tom*•r if controlled through more than-one switching point.
(e) Where the Company has furnished an ornamental bracket and lighting unit for lamps of 4,000
lumens or larger and the average spacing between lamps on the same burning schedule exceeds 200
feet as measured along the center line of the street, counting lauaps on both sides, an extra charge of
304 per lamp per month is made.Ornamental brackets will not be furnisbed for new installations on this
schedule after the effective date hereof.
(f) The above rates are applicable to street lighting equipment mounted on wood poles except when,
at the customer's request, metal poles are installed for the support of street light equipment and con-
duetoro only. In such cases an additional monthly charge of $2.00 sball be made for each such metal
pole installed, unless the customer elects to pay the additional cost to the Company of providing and
installing a metal pole.Concrete poles will be installed In Humboldt Division at the customer's request
In lieu of metal poles.The additional monthly charge for such concrete poles will be$1115 per pole.
Advice No. 127-E Date Filed December 24, 1954
Decision No.50724 Issued by Effective January 1, 1955
.i N. IL Sutherland Resolution ?.To.
Viee-President and General Manager
amsaw 000m s
oe �ti�s-s+at�ct
stetueewva—sr ,t strvt�r
A_,. AGREEMENT FOR STREEI" AND HIGHWAY Y LIGHTING
TING
W.
SU PPU E10 FROM OVERHMAD LINES OF
PACIFIC GAS AND ELECTRIC COMPANY9
r TIM AGREn ENY made Ir.aad bd PACIM GAS AND MZCn IC COMPAW.a Cafehtsaia a por bon.bere-
ft
inaer caw Pacific,and
a political subdivision of the tee of Cafdomia.lifter eked Ca .
WITNESSETH:
That the pasties hereto do hereby mutually agree as follows,to-wit:
1. Pacific will during the term hexed on the conditions herein elated (a) furnish, install, and/or operate and maintain. the
following specify lamps on its poles,together with the ne aw ary wirer and other appfianom for lighting the streets and highways of
Custer ,ver,and(b)furnish electricity from its overhead lines for lighting said lamps in accordance with the termsand exmditioashereof.
2. The lamps to be lighted hereunder daring the term hereof shall not be km than
Number of Lamps Rating of Lamps in Lumens Number of Lamps Rating of Lamps in Lumens
�g
3. Said lamps shall be lighted each night during the term hereof on Pacific's standard all-night burning schedule for street light-
ing. Such of said lamps as are to b - stalled hereunder,if any, shall be installed at such respective locations upon said streets and
highways as shall be designated by Listomer and approved by Pacific.
4. Customer shall pay Pacific monthly at its office in the City of--_-----��__ ..................................-_...........................
_
for services rendered hereunder at the applicable rates and charges legally established and in force from time to time. The rates and
charges at present legally established and in force for such services are set forth in Pacific's Schedule IAra------------..........a true copy-
of which is hereto annexed and made a part hereof.
5. Pacific will also furnish, install, operate and maintain, and on the conditions hereof furnish electricity for lighting, such
additional lamps or such lamps to be substituted for,and of greater capacity than,those initially or subsequently lighted hereunder,as
Customer shall from time to time in writing request and Pacific shall then approve.
6. All lamps, wires, appliances and fixtures installed by Pacific for use in connection with service to be provided hereunder
shall at all times be and remain the property of Pacific.
7. Pacific shall have the right exercisable within a reasonable time after the expiration or other termination hereof to remove
all such lamps,globes,wires and other appliances and fixtures from said streets and highways.
8. This agreement shall be and remain in force for the period of five years from and after the date hereof, and shall continue
thereafter until terminated by thirty days written notice given by either party to the other to that effect.
9. All service furnished hereunder shall be subject to Pacific's rules and regulations duly and regularly established from tiny:
to time by or under authority of law and on file with the Public Utilities Commission of the State of California and relating to the
furnishiaq of electric service.
10. This contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the
State of California as said Commission may,from time to time,direct in the exercise of its jurisdiction.
IN WITNESS WHEREOF the parties hereto have caused theca presents to be executed this......................................................day
of-............................................—.........................._.._._...•------_------------19......... by their respective officers thereunto duly authorised.
PACIFIC GAS AND ELECTRIC COMPANY,
Oracumf= ....................- By............---------------------------------------.-...............................
....._�
Customer.
Sfa�nager.................... .!T ..._._...............Division
ATTEST:its � ... `'. U-4310 as,a Pas.
—Clerk.
*3
� �.�,.; � §,. ••Ek C file* yam'. " .,.:-,� ..`3 £ ,. _
. F
y �
ke
itd Without ul� 4
k '
supply snttd s" cam, assl Igatly o tram
time to do i ih'the FtiU k Uttiliitr'c�a of the State of Calaf '
3. for r 5 c the opacific v � .8...... ---.----.-._--. .-- _
which is the e t 'the agreed oast at i g sisal laZ aetno mW said halides if service does not berme
permanent.Pacifit shall retry to Customer amid agiveD cost after Customer shall have ud sat ad lo
or its equivalent for a period of ddrty-sic (36)conse:cudve months from the date of first hereunder,pro-
vided the following three conditions shall,at the end of said initial period. have been fulfilled:—(a) Customer's
business shall then have proven its permanency to the entire satisfaction of Pacific. (b) Customer shall then have
execs, -d a proper t for permanent service to the then-existing load. and (c) Customer's then ling
permanent load t time,under Pacific's standard�ractecc ^d filed extension rule then in fie,warrant
Pacific's installing said facilities entirely at its own expense for a pitman-...load of like magnitude.
In the event that conditions(a)and (b)are met,but not condition (c). Pacific will repay to Custtuner the
amount of said agreed cost,except that portion thereof ,'which Pacific shall retain) that Pacific would require as a
line extension deposit under Pacific's then-existing Electric Line Extension Rule as applied to Customer's then-
existing permanent load. The sum thus retained by Pacific shall thereafter be refunded to Customer in accordance
with the practices and rules of Pacific then in force covering refunds of similar advances for extensions.
S. Said facilities,when installed.shall at all times remain the property of Pacific and Pacific shall be entitled
to remove the same upon termination of Customer's service under this agreement.
6. Customer hereby grants to Pacific all necessary rights-of-way over Customer's premises, along the
shortest practicable route thereon.and of sufficient width to provide full legal clearances from all structures note
or hereafter erected therealong.for any pole- and wire-line required to make delivery of electric service hereunder.
W1,enever part or all of said facilities are to be installed upon property other than that of Customer, Customer
s,.d11, if Pacific is unable to do so, first procure from the owners thereof, in the name of Pacific,all rigbts-of-way
on
' necessary for the construction,maintenance and operation of said facilities up such other property which rights-
of-way shall be satisfactory to Pacific and without cost to it.
7. All electricity delivered hereunder shall be what is commoniy designated as......... .-.......phase.
abet • •c a alternating current and shall be delivered and metered at an electro-motive force of approximately
......
volts;.slight variation in frequency and electro-motive force to be allowed.
8. Customer shall pay Pacific monthly for said service at the office of Pacific in..........AM.JZM....................
upon presentation to Customer of bills therefor at the rates and charges applicable thereto as set forth in Schedule
No....... ,hereby selected by Customer. a copy of which is hereunto annexed and made a part heieal.
9 ustoraer may. with Pacific's written consent. assign this agreement if the assignee thereof will, in
writing.agree to perform Customer's obligations hereunder.
10. Delivery of electricity hem ender by Pacific shall be at the point where wires owned, hosed or under
license by Customer contact Paeffw's wires, but for the convenience of the parties hereto said electricit may be
transformed and/or at such location on the Customer's side of said point of delivery as shall L agreed
upon
by
the parties hereft
Electric servoe hereunder shall begin on... . o SiA .tA U0 .. » .. .-
and continue from morah to mooth thereafter until terminated by either patty hereto giving the other thirty(30)
days prior writte0t no thweef.
z
1B. et#a at all times be w4bject to s;mb ch*Wes or modifications by the Public Utilitis
ontausion
State of s�nia as said ' . ' may (rem tithe to time direct in ewe off its
10' Executedt :.««.� ........... ............day of..... +-.-.-..-. -19-&
....... :,,.,.a,.<,.. ..................»............... PACIFY A i-D �JC COMPANY
By
and
kl * Byy, 3
4 t`{ ' ar _ ''
ef
ate.
Paoific On and Eiedrie Company REV111141 CAT..P.U.C. SHEET No. i•E
Sin Frandm,CaUforab Oweehng Revued Cal. P.1T.C. Sheet No. 2909LE
SCHEDMA�y
4C> A4
GENERAL` CE
Appficdd1hys
This w4zduls b applitsNe to sell able phase air pofthase WMarnallar emmisat service. Wavided
tits all palyphese service to any c.setomer on the acme gill be vine ted through me mstar
Service to each of two or mwe sapats areas,but noot to the saw WOW&and which do not over tap
within the same waniseo maw be Individually mew At the customer's option.a>us1e Phase and wbu
phase sawice may be COS.
Tardamp
Within the incorporated limits, as shown in the Index of Cities, of Areste Blue Lake, Cupertino.
melon,Ferndale.Fort Bragg.Fortuna,Fremont.McFarland.Newark.Pacifica and Trinidad.also,within
the boundaries of the following towns and suburban communities, as more fully described under the
reference nun in the Description of Special Bate Areas:
CareVdMWpOrissa tiadbola61Divilion Or"d(197)
hero(Iff) Arcata Suburban (97) Pinedsle Un)
Bay view Park (M) Eurelks Suburban(98) Pksnada Un)
Castroville(91) Fortuna Suburban (101) Riverdale(IN)
cayuces (92) ()arberville(103) Stafteir Suburban(171)
Dal Monte Park(147) Rio Dell(125) Winton (138)
Marro Bay(Ili)Wort Neel)!ay Disisisn Sass Joss DiwM=
tt (118)
orcu Bay view Park (14®) Ignacio(106) Cupertino Suburban(!Ri
Balastnu is (148) half Moon Bay(104)
M�� (�) lie.-inwe,w 165) lades(170)
Swung o!184) Napa,lunches (154) Lores Estates and Rancho
CoApse Division Novatr(117) Rineor►ada (10)
AatudkIe (8) Terra kinds (M) Monism Iffaner (151)
Monte'firsts (78)
Or�81a Division 8aa�o Diwisian San Mateo Suburban(1T8)
Broderick-Bryte (U)
Durham (96) Shasts Divliam
Fairfield Gardena (99)
East Quincy(97) Landin Barney (77)
Paradise(80) M� (160) Central Valley-Bnmmtt
Query (60) Bather Field Heights(ill) City (73)
ENe Divides Brisbane
Peanasoo Divialem hall River Mills(100)
Brisbane(11)
Alvarado(86) San Pedro Valley (163) Stockton
nDfwhim
(Ambrose(2)
Crockett (20) San Joaquin Division Jamestown (33)
Danville (169) Arvin(4) Lockeford(108)
Decoto(21) Avenal (6) San Andreas(66)
Lafayette (36) Cutler (94) Tuolumne(88)
NUes (46) Lamont(37) Twain Harte(174)
Oakley (79) Laton(164) Woodbridge(139)
Orinda (119) Mariposa(110)
Rates
Sinjite-Phaw Services
Service C hanpas per meter per mouth.....----------___---------.---._....._----.._---_---_------ 760
Energy Cie (to be added to Service Chasse):
First SO kwh.per meter per month.-.--_-------------_-----_-------------------------------------------- 4.860 per kwh.
Next 160 kwh.per meter per month--------------------------_--•---.................._----....-_--_ 4.63a per kwh.
Next 800 kwh.pa meteor per month.__------------- ._.........._._. 4.11#per kwh.
Nest 2.000 kwh.per meteer per month.__.__._.___........._..-_..._..........-..................... 3.38t per kWh.
Next 3.000 kwh.per meter per month---.--.-----_-•-.-------------------_.---------------._-----_..--.- 2.330 per kwh.
All excess kwh. per meter per month......................--.-.._---------------------___.......... 2.220 per kwh.
t�inimon Cats
76d per month.but not less than 64 per month per kva of connected welder load.
Polyphass Sr+ioss
The single phase rate plum 11.00 per meter per month.
champ$Li5 par moaM bat not__
U#par month horsepower of polyphase connected motor load. Au kva of eaaaactad welder load and per
(continued on next shest)
Advice No.163-E Date Filed September 10,1958
domed by Effective October 10,1958
S.L Sibley solution No.
Vice-President and General Manager
A..
_• � �. .mamas
fi
Paoie eks awtem&=pany RB CAIL P.U.C. Igo. B
I , 'tom' orniaCanedbg Havind COB.P V C skeet NO&20MME
SCHEME! P6
(G�smd)
tW 11 ie"Bw"M on aft octeftlo w®be MUMUM at tft swoudow wonap a.SHOW&Whom
or nowon i to M colowed wM a s wft"MM UM be donne&emw 1 W&
m "M WWOMW Is avawb; VffwwtI&Kamm.that whom a MUMW me real+e"PHOMM
ter soft a 4 wtre s ng=bd 00 matt!to not to poOlm to a=ft Ow sumo at I" Wmam ws
aosoleott.am 000pataatt,UUM as C M"W to Mo.a st o*.~am a potnftse as'" o wM to
ownw am salad °, too mow fM~ beft cmuzed for t" of Co myolft
chonew as 00 spa
®d%iee No. 1 B Date Filed November It U57
Decision No. 55720 Iaened by Effective November 1%M7
N.R.Sutherland Resolution No.
Pwaident mad®awl Manager
s,�a�
Dritsum WPM
® sam—
AGCWT
REEIVIEFff COVMING SllIM= RISM PIPE
AGIT between PACIFIC GAS AND ELECTRIC COMPAIITY, a CaMornia corporation,
hereinafter asHad Paefflc6 and-SUTY CE 0112FIRTISO
hereinafter called P .
1. Pacific hereby gives Permittee permission, free of rent and on the terms and conditions
herein stated, to install, maintain and use eouipment, consisting of a service riser pipe and wires and
appliances connected therewith, on the pole which is designated below or on the reverse side hereof
or on the sheet attached hereto.
2. Permittee shall install and maintain said equipment at its sole risk and expense in the location
on said pole designated by Pacific and up to a point eight feet above the ground level. When making
such installation Permittee shall leave such length of conductor at the top of said riser pipe as neap
be necessary, and shall furnish such other materials as may be required,to enable Pacific to complete
the connection to its overhead system. Pacific will make no charge for completing said installation.
Pacific will thereafter maintain said installation above said eight-foot level at Permittee's expense.
3. In the event Pacific desires to have said equipment rearranged on said pole or relocated
upon another pole, Pacific shall at its expense rearrange, or detach and reinstall, said equipment
above said eight-foot level, and Permittee shall supply any additional materials required therefor
and perform all work below said level at its sole risk and expense.
4. Within thirty days after being given written notice by Pacific to do so; and on condition that
Pacific shall have removed Permittee's equipment down to said eight.-foot level. Permittee shall re-
move the remainder of said equipment from said pole, and at the expiration of said time all rights of
Permittee to use said pole shall cease. if Permittee shall not have removed said equipment from said
pole within said time Pacific shall have the right to do so at Permittee's risk and expense.
b. This permission shall not he assigned in whole or in part without the written consent of Pacific
Rrrst being had.
6. Any notice to Permittee hereunder shall be deemed given on the date of its deposit in a United
States post office enclosed in an envelope, postage prepaid, and addressed to Permittee at last known
address.
7. Time is of the essence hereof.
Executed this..._... _"-L--_—_.day of ` G `c� _ , 19
RISER POLE LOCATION:
' o. '322? PACIFIC GAS AND ELECTRIC COMPANY
evens .;,-'A}. -C aC / y IC� �h
By
.'-L 4 1 : 10031 a.—3vi e :'ed •T'r'S tr4
\�
00
- s}p�yy� P181iJL IMMM 20 MUM AN C GAS AND MZ y�f/�6@�CA 06WHICH
Mr OF UMPEM1
C�1
Cz
1
OFore on vnich custoner cL33ires to i rai Cl an underground riser.
Other i'FTcu' palle for reference only.
w 0 Ot&r FtM E pole for re fe-oz Ica on37d
All oquipmnt to to installed and mUntai ned in conformity
vith all applicable Strta Laaw,t, and Local Ordinances.
PACIrFiC GAS AND ELECMC C%nILEY
Trr�ati: CENTRAL DISRICT
►�tS SANTA GLARA COUNTY
*' City Of F Y
AMENDMENT OF
AGREEMENT FOR STATE ADMINISTRATION OF LOCAL SALES AND USE TAXES
Whereas,the City hereinabove designated,hereinafter called the City, and i;he State Board of Equal-
ization, hereinafter called the Board, have heretofore entered into son agreement for state administration of
local sales and use taxes as contemplated tender Port 1.5 of Division 2, of the Revenue and Twmtion Code
and are now desirous of amending that agreement in the manner hereinafter set forth, the City and the Board
do hereby agree that arch agreement shall be amended in the fol.t�v,ing particulars, to wit:
Paragraph C of Article Q of said Agreement is amended to read:
C. Transmittal of money. Except as otherwise provided herein, all local taxes collected
under the provisions of the City ordinance shall be transmitted to the City periodically as
promptly as feasible. A statement shall be furnished indicating the amount withheid pur-
suant to Article IV of this Agreement.
The purpose :,f the foregoing Amendment is to conform said Agreement to a plan for accelerated
transmittal of local sales tax collections as described in a letter of March 12, 1959, addressed to Mr.
Richard Carpenter, Executive Director and General Counsel, League of California Cities, by Dixwell L.
Pierce, Secretary, State Board of Equalization. For the purposes of this Amendment ►_his letter is incrtpo-
rated in said Agreement by reference as though fully set forth therein.
STA"i i• 140APL! nF f-(�i AIJZ ION t ITY 01•
Stcrecary ( igr atare on this line)
f name here)
(T)Te title here)
i%fP0R'rA N1 INSTRUCTIONS
i. insert narr?- of the (,icy at top of page.
2. Si&n five copies of the Amendment, sending all of them to the Secretary, State Board of Equalization,
Sacramento B, California. (If the City desires to keep a file copy of the Amendment, an additional
copy should be prepared on the form which has been supplied for that purpose.)
3. Attach to each copy of the Amendment sent to the Board, a certified copy of the order, motion or reso-
lution of the City Council authorizing the execution of the Amendment.
Explanation
When an Amendment is submitted in accordance with the foregoing instructions, it will be executed on
behalf of the Board and submitted to the State Department of Finance W approval. if a copy has been
retained by the City, it may then be conformed to the approved copy.
F
n`
9ID
fteftimg reconvened momentarily: Councll.man Ua.ich WvCAd"
iE al of 180 monthly rent for the use of the entire
b"Iding now housing. the City Office; second by Councilwn
Wilson end carried 4 - 0.
SP'ECI;,L MEETING OF THE CITY COUNCIL
:;PRIL 23, 1959
Place: 10031 Saratoga- Sunnyvale 8o9d
Time : 5:00 F.M.
I Moved by Councilman Seich that the Mayor be empowered
to execute the ''"mendment of the agreement For State
Administrntior. of Local Sales :end Use Taxes" as submitted
by the State Board of Equalization in their correspondence
under date of April 3 ; second by Councilman Lazaneo and
carried 4 - 0.
II Moved by Councilman Wilson that the Mayor be empowered
to take up the option for the Stevens Creek - Cupertino pipe
line known as the elves rater System and that the City
Treasurer be authorized to sign warrants 723 and 724 for
$2,500 and ';500 recpectively to John: F. and Mary Alves,
and John H. Macr ado, Attorney; second by Councilman Salch
and carried 4 - o.
III ADJOURNMENT at 5:10 P.M.
'Respectfully submitted,
lawrenee K. Martin
Administrator-Clerk
4
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of Califorids, on JW $* VA
aft -aim -rftf. ft Lis be eby.vasft, r 3
ry ads sistg aOI tatd 1 lliae45 im+eius3ive as , 1 OWssa � , � ci v
to s� �► p.; .5 a sue! aiii6onts bwtwwa V 40 a�te� tt i:g
lamthat said 'tats I throv4gh 55 it-elusive a .near► on the lisp of gvaras:tt:''���'�k
'l 29 s►d s1sR 1 a snbjeet to rsistrictions, conditions, covenants, charges and ijivesaeiits self f'ort€s'�tt't� �`
Ong to-Vies
A. R=VMIAL ARFA COMANTS
A-1. Land F1ss 4nd Building . do let shall be used except for residential purposes. No building shall be
ted, altered a g heal ,moo pis fled to remain an arW lot ogee. than one detached single-family dwelling not to ax-
two and one-half stsries in height and a private garage for not more than two cars.
A-?. Arehitecural Control. No building shall be erected, placed, or altered on OW lot until the constrce-
tiass plans and speeiffcations and a plan showing the location, of tnt structure have been approved bx the srehiteetffial
vent"I committee as to quality of warkmansbip and materials, harmag of external design with existing structures,
and as to location VIVI respect to topography and finish grade elevatl an. %o fence or vall shall be erected, rleeed
or altereo cn any _-. nearer to any street than the minimum buildint. setbaek lint urless similarly searoved. Approval
soh*: ixs as provided in Fart B.
A-?. Dare;:ircg Cost. Quality and Site. No dwelling shall to permitted cr any lot at a cost of less than
$ :.'•'' ^ based Spon cast levels prov�iling on the date these' covenants are recorded, it being the intentim and ,pale- a
pcw of the covenant to assure that ale. dwellings shall be of a quality of wo.rimanship and materials subetantialiy the
same or better than t:At wZi�n can oe oroduted or. the date these covenants are ►e^3rded at the minimum cost state'_
here!n for the mininuum permitted dwel_:ng elite. '.'he gro-ime floor area of the main structure, exclusive of one-story
npezz corenes and garages, shall be not less than 1100 square feet for a one-story dwelling, nor less than 'O^ sz,:are
feet for a dwelling of more than one story.
Alb. building Location. No building shall be located on any lot nearer to the front line or nearer to the
side street :ine than the minimum building setback lines shown on the recorded plate In any event na bulld:ng sha::
tie :opeated an any lot nearer, than 2.1 feet t. the _front lot :line, or nearer tnan 12$ feel to any side street line. NO
bu:_.snir shall be local+d nearer than 5 feet to an interior lot :line, except that no side yard shall be require- f:,r
a garage or other pelf tted accessory building located ."' feet or more frog^ the mimirw-.. building setback line, do
dye-:ling eha:l ne located on any linter or lot nearer tnon 20 feet to the rear lot line, For the purp2ses of tr%4*
"errant, eaves, steps, arad open porches sna::l not be considered as a part of a c ::ding, provided, however, that tas
sna no•, be construed to permit any portion of a building, on a lot to encroach upon another lot.
A-;. Lot Area and Width. do dwel'_:ng shall to erected or placed on am :_t hav,.ng a widt, of less that.
feet at the minirim b-ii:a.ng setback :ins nor snail any dwelling be erected or p:aeea on arW lot having an area of
1ssi tnar 72; ' square `eel.
t `c. Fasie-er.ts. Easements for instal:a'.iOn and ?.a:.r,.er:ar.ce cf ....._. :@` ar.-4 dra rage fact_:ties are re5er. ....
as _nr-vL on ,lie recorded p:at and over the rear five feet of eac n lot.
A-7. 1'uisances. No noxlous or offers'_ve activity sna_: oe carr ec cn spar, any lot, nor nha'_: arythine ce ::-ne
.re:`on whi^` may ce or may become an annoyance cr nuisance to the ne:ghborho+_�ti.
A-8. :'e!Eorar•. Structures. No .structure cf a temporary character, tr'ai.er, case", nt, tent, shack, rarare,
L,rr:, or other outtni:ding shall to used or, any lot at any time as a residence ether temrorari'.v or rernarertly.
A-9. Signs. No sign of any lend shall he d'sriayed to tLe pub:ic vies cr. Any 'c: excert one professional s_Pr.
o` *ro-e than. one ware foot, one sign of not more than '.live square feet advertising the property for sale ^r rent,
Q- L-irr,5 USe' by R ti f:_er to ad^ertise the rroperty :h)r:rr '.:he !`or.4 r+ ct' cr, ar^ sales peric-
it+1r I:Ves'r_cs and POU:"ry'. No an ina.s, livestock!, or Lou. _ o: any Yrd Fna.._. re ra;.5e.4, Cre'i Or V9C. ._
a-r sot, excer* _hat dogs, cats or ^thew h0_i±'.^.old ret4 -rk,, Cie keLt prrn''_dec .flat ,ney are not kert, .red,or !r.a-.r::....^or
!^r an•: commercial purrose.
A-21. Sarbaie and refuse Z4uosal. do lot sha:,l 're used cr mzii^,y ..ned aF a dumr:.n7 rround for ^Jbt �.. ..?�' .
¢&:gale or ocher waste sha.. not be kept except in sanitary containers. All 'nc:neratprs or ether ey _..per. fcr p
r-ora,e cr ,,isposal of suen material sna:l to kept is a clear. and sanitary ccrdit'_er..
A-12. Oil and `t'n_rg Operations. No oil drii:ing, oil development operations, oil refining, ouarryin¢ or +-r.'ry
operations of any idne sha-I be permitted limn or in any lot, nor sha.1 0'_1 wells, tanks, tune:s, mineral exravat_or!!
or s+,.aft. be perm-itted upon or in any :ct. Fo derrick or other structure designee for u:oe in borint for oil or ratura_
alas ram:l be erected, :P&intained or permitted upon any lot.
A-13. Sight Listance at :ntersections. No fence, wail, hedge or ahrur planting which ctstructs si%ryt _ir:er at
e,! aliens between c and eet above the roadways, shall ce permitted to remair. rn any corner lot within the trfanru.ar
area formed by :he street property lines and aline connecting the:n at points 2: feet from the inter:iec'. oh f tee street'
I:res, or in the case of a rounded property corner from the intersection cf the street property 13.nes extended. 'lie sane
s:gnt-line limitations shall apply on any lot within IC feet from the intersection of a street property lire wit- tt.e
edge o a driveway or alley pavement. No tree sh411 be permitted to remain within such distances of -ouch intersect--one
;:mess the foliage line i• maintained at sufficient height to prevent cbstructior of such sight lines.
?A-t r 5. ARCH TEC'.7RAL CO!W ROL COP?!!?TEE
B-1. Membership. The architectural control committee is composed of `?orris wbouaf, ^an Schwartz and ?.o e!t
10. ssace. A majority of the committee may designate a representative to act for it. :n the event of death or ;-esig-
nat:on cf any mesr;ter of the committee, the remaining members shall have full authority to desifmata a su4cassos•.
Neither the members of the committee, nor its designated representative shall be entitled to #jW compensation for
services perfenmed pursuant to this coveran't. At any time the then record owners of a Majority of the lots shad
have the power through a duly recorded written instrument to champs the membership of the cewanittee or to withdraw
from the committee or restore to it any of its powers and duties.
age
"TRACT NO. 00M LIrE S::.' ! ,41'T 9�
B-2. p:'oaeduf* ?w committee's approval or disapprove: as required in these covenants shall be in wr;:;sw•
in t.'as event 'she conaTtUmp or its designated representative, fails to approve or disapprove within 30 days afre-
plam and specifications have been submitted to it,-or in any event, if no suit to enjoin the construction has been
d prior to the eexpletion hereof, approval will not be required and the related covenants shall be deemed
to have been fully complied with.
PMr. C. GEMAL PROVISIONS
C-1. Tarns. AU of the restrictions, conditions, covenants and agreements shall affect a:'* of the lots, as
hereinabove a t-To th and are wade for the direct and reciprocal benefit thereof, and in furtherance of a gooera- plan
for the improvement of said tract, and the covenants shall attach to and run with the land. Said restrictions, con-
ditions and covenants shall be binding on a.l parties and a21 persons e!aiminf- under theca until May 22, 19S?, at
which time they shall be automaLleally extended for successive periods of fire years, provided, however, twat pia
restrictions, conditions, covenants and agreements, or.any of them, may be supplemented, changed or rescinded in arj
or all particulars at and ti,,w by the owners of Sig of the number of :ots comprising the area incorporated in t is
declaration, exclusive of streets, evidenced by an instrument in writing executed by the *aid owner in the vanner pro-
vided by law for the eonvnyanee of real property, and duly recorded in the office of the Recorder aforesaid, and
upo. such recordation shall be valid and binding upon the Sellers and Owners of the said lots in said tract, and •:pen
al: other persons.
C Enforcement,. If the parties hereto, or their successors shall violate or attempt to tia:ate any of the
covenants herein be are !Pay 22, 1989, or during any of the extended periods for which they are ir. forte, it sra::
be awflul for any person owning any real property subject thereto, to prosecute any proceedings at law or in eq-.:ty
against the persbn or persons violating or attempting to violate any such Covenants, or either to prevent tir. or
them from so doing or to recover damages or other dues for such violation.
C- Subordination. It is further provided that a breach of any of the condltaors contained nere:n or -�' ah
e•-entry by reason of such breach, shall not defeat or render invalid the lien of any- Mortgage or Doeo of te-e
in good faith and for value as to said premises or ar,y part thereof; but said conditions she'll be bi ndi - *anon art
effective against any owner of said premises whose title thereto is acquired by forec:osure, 'rnstee°s sale cr
otherwise.
C-L. Severability. Invalidation of any one or more of these covenants by judgment or court order spa:-
nc vli3e affect any of the other provisions which shall remain in full force and effect.
: a( 'MESS wriLR' EOF, the undec_�4ned nave hereunto Pet Its hand and sea. the day an: year firs—, he-e:tea:rv°
written.
a Califorria corporat-or.
'Y W. i loomquist _
nice-President
BY Char'es L. Spurgeon
Assistant Se^-etary
.he an•ers gne'i, as ..r?7£tee herety_: r^nsent s to tile• tore �_" f
?' �. .oanouist
Vice-Fresiden•
3v Charles i. Spurgeon
CF
Ass: scant 3ecretar
"J .. _' Santa "lore
ss.
_1f2 w$ti" `a7 1?-? before me, the undersigned, a Notary Pu --'c in ard for said "'party anC is:e, ^-tsC7h9_:'•' a_'�a-«�'
ii. wq'11gt known to me '_o be the ice-President, and Charles L. Spurgeon known o me a to -.re iss.stant
:he ?rrporatt:on that executed the within instrument, and know to me to be the persons who execital the w tns.
on xha.f of the corporation therein named, and a,:know:edged to me that suc': corporatior. exe--:tel -n- save.
fit non•: and off-.^i al sea:.
`.aea-.' A. ;rase
Notary Pubic
mtaissior Explres: -':2161
S•A'T_ or 7..1.:7M%:A
-0-Y" Os Santa Clara ss.
On !'Av Z2, before me, the undertigned, a Notary Public in and for said ''ounty and State, p-!rsna:.y
W. :oomruist known to -e to be the 7iee-President, and C`rxrles L. S�ugeon known ;o pee to ne _ne Ass_ztant --re any
of 4sne corporation that executed the within instr_-Rent, anal know to me to be the 1-arsons who execute• he Witt
'rstrx"nt on beha. f of •',o corporation therein naa.ed, and ac mcwledged to me that such co:-pnratinn exec-%r ed -to
sea!• as -ust.e-e.
ii '4=as- .'ty aan,' and off-.cial sea'_.
(Sea:ti A. arose
Lary Fublie d
'!: ^^-risszon expires: �/ 2/6,
MIMM min