HomeMy WebLinkAboutMary Avenue Extension - City of Sunnyvale - 1969 City - Sunnyvale l/2
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RESOLUTION NO. 220-69
RESOLUZION CONSENTING TO DETACHMENT OF CERTAIN
UNINHABITED TERRITORY FROM THE CITY OF SUNN1'VALE
PURSUANT TO GOVER TMENT CODE SECTION 35304
WHEREAS, the real property hereinafter described is un-
inhabited and is located within the City of Sunnyvale; and
WHEREAS , the City of Cupertino proposes to annex the
hereinafter described real property to the City of Cupertino;
and
WHEREAS , the City of Sunnyvale has received the written
consent of more than two-thirds of the owners holding at least
two-thirds of the value of the real property hereinafter
described ; and
WHEREAS , the oublir_ interest , welfare and convenience
require the annexation of said real property to the City of
Cupertino;
NOW, THEREFORE., BE IT RESOLVED AS FOLLOWS :
1 . That the City Council of the City of Sunnyvale has
received the consent of at least two-thirds of the owners hold-
ing at least two-thirds of the value of the hereinafter described
real property.
2. That the City Council of the City of Sunnyvale hereby
consents to the detachment of the hereinafter described real
property from the City of Sunnyvale.
3. That the real property concerning which said detachment
is consented to is located in the City of Sunnyvale, County of
Santa Clara, State of California, and is more particularly
described as follows :
A portion of Serra No. 5 Annexation to the City of
Sunnyvale, passed and adopted July 10, 1956 by
Sunnyvale Ordinance No. 509, and being also a
portion of Lot 35 as said Lot is shown on the Pap
of Tract No. 4465, Rancho Sans Souci, recorded
March 26, 1968 in Book 235 of Maps at page 20
in the Office of the Recorder of said County,
said portion being more particularly described as
follows :
Commencing at the point of intersection of the
center line of Mary Avenue with the center line
of Homestead Road ;
Thence South 89047 '00" West along said center
line of Homestead Road 153.24 feet to the
northerly prolongation of the easterly line of
said Tract No. 4465 ;
Thence South 0009 '10" East along said prolongation
an( easterly line 201 .47 feet to the most north-
erly corner of said Lot No. 35, last said point
being the TRUE POINT OF BEGINNING ;
Thence continuing South 0009 '10" East along the
easterly line of said Lot No. 35 a distance of
533. 21 feet to the southerly line of said Lot
and said Tract ;
Thence South 89050 '15" Wcst along said southerly
line 86.00 feet to the southerly prolongation of
the easterly line of Lot 34 of said Tract ;
Thence North 0009 '10" West along last said
southerly prolongation, easterly line and its
northerly prolongation, 207.40 feet ;
Thence continuing along the westerly line of said
Lot 35 , along a tangent curve to the right having
a radius of 643 feet , through a central angle of
25029' 18", an are distance of 286.04 feet ;
Thence North 25020'08" East , tangent to last said
curve , 54.42 feet to the Point of Beginning.
and as more particularly shown on Exhibit "A" attached hereto.
-2-
4. That the City Clerk is hereby authorized and directed
to prepare certified copies of this Resolution under Seal, giving
the date of its passage, and transmit the same to the City Clerk
of the City of Cupertino to be processed as a part of the appli-
cation of tl:e City" of Cupertino to the Santa Clara Local Agency
Formation Commission for annexation of said real property to the
City of Cupertino.
PASSED AND ADOPTED by the City Council of the City of
Sunnyvale at a regular izeeting held on the 15th day of
April 1 19699 by the following called vote :
AYES : Councilmen : Albert, Hefferlin, Koreski , Logan, Minium
NOES : Councilmen : Hayden and Shields
ABSENT: Councilmen : Hone
APPROVED:
/s/ Harold C. Shields
Mayor
ATTEST:
JOHN E. DEVER, City Clerk
By /s/ Florence W. Leonard
Deputy City Clerk
(SEAL) JOH ; �'1 as a Trt,e
i EVER, City C;,frk
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Depu,y C'i"i Clerk of the Citv
Sunnyvale
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69-5 , t,9 ®DR7'/0V OF .mzew - .56--.5
JOEANNEXATIOK' FRom THE CITY OF SUNNYVALE
SCALE; I"_ /vo DATE : APe. 9, /916,9 Bl(=,u6/�.
AfIEA$ 85.9c- I I>.
Boundary of Proposed Annexation At�j
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1=&O1 .V1C (3-AS &Iql) E3NM,EOrr1RIC C®MP&NY
u -�- 245 MARKET STREET • SAN FRANCiSCO, CALIFORNiA 94106 • (415) 781-4211 • TWX 910-372-6587
E. E. MALL
MAM.GE, August 19, 1959
LAND DEPARTMENT
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
Attention: Mr. Lee Yarborough
Director of Public Works
Gentlemen:
Permission is hereby given to the City of Cupertino, Its officers, agents,
employees and contractors, to enter upon Pacific Gas and Electric Company's
property, designated by cross-hatching on the drawing marked 'Exhibit A"
attached to and made a part of this permission. This permission Is given
for the purpose of constructing that portion of the Ha=y Avenue overpass
that lies within Pacific's property and accomplishing all necessary incidents
thereto.
Pacific Gas and Electric Company now maintains and operates :overhead electric
facilities on said property and the City, its officers, agents, employees and
contractors, shall not in any way dame or interfere with said facilities
without having obtained such further consent as the Company shall give to the
City.
It is understood that this permission is not a waiver of the Conpane°s right
to compensation for such property or of any remedy authorized by law to secure
payment therefor. This permission is given with the understanding that the
City will hereafter without, unnecessary delay, negotiate with the C(_nr;:anyt,
representatives to agree upon terms of coWensation and the rights tc be re-
served by the Company. If an agreement cannot be reached, the City wil.l
promptly commence eminent domain proceedings to have such compensation and
reserved rights determined.
The City of Cupertino shall indemnify Pacific, its officers, agents and
employees, against all loss, damege, Gxpense and liability resulting from
injury to or death of person including, but not limited to, employees of
Pacific or City of Cupertino or injury to property including, but not 1`.mited
®sue
City of Oupertino ADVist 19 s 1969
to, property of Pacific or City of Cupertino, arising out of or in aiw way
connected with City of Capartinots operations hereunder, excepting only
such injury or death as may be caused by the sole negligence of Pacific.
This permission is given in consideration of the location, improvement and
construction of the Mary Avenue ove4ws and incidents thereto which, it
is v.Aerstood, are required `y the City of Cupertino and shall continue in
effect pending such negotiations or until a reasonable time after the City
has been required by the Company to conaence eminent domain pro.:eediings.
It the provisions of this better are satisfactory, plaase sign the duplicate
of this letter in the space provided and return that copy to thia office.
Very truly yours,
J�rl '
NNelsontP3
Attach.
RECOMMM FOR APPR.AL ACC :
CITY OF CMYZRTINO
Title
Title
Title Datet j
Title
Duet
EAL PROPERTY OF
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PACIFIC AS AND ELECTRIC C0;4PANY
PORTION 5E I OF SW I OF SECTION 11 •- T 7 S. R. 2W. M. D. M.
SANTA CLARA COUNTY
STELLING - HOMESTEAD IIO KV TAP
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A G R E E M E N T
THIS AGREEMENT, entered into between the CITY OF S,J14MAIE,
a Municipal Corporation of the State of California, herein
called "Sunnyvale", and the. CITY OF CUPEPTINO, a Municipal
Corporation of the State of California, herein called "Cupertino";
WITNE3SETH•
WHEREAS, Mary Avenue is a public street within Sunnyvale, the
present southerly termination of which is at its intersection
with Homestead Road; and
WHEREAS, Sunnyvale and Cupertino each has determined that
the public interest, convenience, and necessity require the
further improvement and extension of Mary Avenue south of
Homestead Road and across the Junipero Serra Freeway in order to
meet the predicted future traffic requirements of both cities
,and to reduce traffic congestion, and, further, that the land
necessary to construct the street extension should be acquired
while it remains undeveloped and prior to further land cost
increases; and
r
WHEREAS, a portion of the property required for the southerly
extension of Mary Avenue and presently within Sunnyvale is owned
by J. L. Eichler Associates, Inc . , a Corporation, and described
in Exhibit "A" and shown on the plat marked Exhibit "B", each
of which is attached hereto and incorporated into and made a
part of this Agreement by reference; and
WHEREAS, Sunnyvale and Cupertino desire to enter into an
Agreementrelating to the extension of Mary Avenue south of
Hoaoestead Road and specifying the terms and conditions thereof;
NOW, THEREFORE, in consideration of the terms, covenants
and conditions herein contained, the par':ies hereto agree as
follows:
Sunnyvale having consented to the detachment of the real
property described in Exhibits "A" and ►►B►►, through the adoption
by its City Council of Resolution No. 220-69 on April 15, 1969,
Cupertino forthwith shall institute and complete all necessary
proceedings for the annexation to Cupertino of the real property
described therein pursuant to the Annexation of Uninhabited
Territory Act of 1939, as amended, and Sections 35000 to 35015,
inclusive, of the Government Code of California, respectively.
it is understood between the parties that J. L. Eichler
Associates, Inc . , has offered to sell the real property described
in Exhibits "A" and ►►B" for a net cash price of $37,500. Upon
execution of this Agreement the City Council of Cupertino forth-
with shall accept the offer of J. L. Eichler Associates, Inc . ,
and take all action necessary to complete the purchase of the
real property described herein in accordance with the laws
governing Cupertino concerning the acquisition of real property.
it is the intention of the parties and of J. L. Eichler that
all things necessary to be done by Cupertino and Sunnyvale be
completed and the purchase price therefor be paid into escrow not
later than May 15, 1969 .
-2-
The purchase price for the property described in Exhibits
"A" and "B" shall be paid as follows:
1. Sunziyva le shall pay the sum of $22,500,
2. Cupertino shall pay the sure of $15,000, being the
balance of the purchase price, together with any additional sum
which may be required to pay the costs incurred in connection
with the escrow to which Cupertino and J. L. Eichler Associates,
Inc . , shall be parties .
Prior to May 15, 1959, and upon being requested to do so,
Sunnyvale shall pay the sum of $22,500 to Cupertino.
Cupertino shall be solely responsible for (a) negotiating
with the State of California concerning the construction of a
grade separation of Mary Avenue as extended at the Junipero
Serra Freeway (Route I - 208) , and (b) all other work in
connection with the extension of Mary Avenue, including but not
limited to acquisition of additional property required for the
right-of-way whether acquired by negotiated purchase or through
condemnation proceedings, preparation of plans and specificatians ,
advertising for bids, award of one or more construction contracts
and construction inspection.
Cupertino shall pay the entire portion of the cost of the
construction of the Mary Avenue grade separation at the Junipero
Serra Freeway which is not paid for by the State of California.
The total cost of constructing the extension of Mary Avenue,
including but not limited to (a) the cost of additional property
required for the sight-of-way whether acquired by negotiated
purchase or through condemnation proceedings; (b) installation
of street improvements, curb, gutter, sidewalks (if required)
-3-
street: and safety lighting, and water, sewer and storm drain-
age public utility pipelines; and (c) costs and expenses of
engineering services, preparation of plans and specifications,
publication, advertisement and printing, and construction
inspection, shall be paid for by Cupertino.
Cupertino shall pay the entire cost of the maintenance and
operation of Mary Avenue south of the south line of Homestead
Road once it is extended , including the street and safety light-
ing installed in connection therewith. If further improvements
or additions are made tct Mary Avenue following its extension
south of the south line of Homestead Road, Cupertino shall pay
the entire cost of such improvements or additions.
Cupertino agrees to hold Sunnyvale free and harmless and
indemnify Sunnyvale against any and all loss , cost , expense or
liability which may arise out of, or in connection with, either
directly or indirectly, the construction, operation and mainten-
ance of the extension of Mary Avenue south of the south line of
Homestead Road as described herein.
The entire liability of Sunnyvale under this Agreement is
limited to payment of the sum of $22,500 to Cupertino. In no
event will Sunnyvale pay any additional sum or sums of money
to Cupertino.
The terms, conditions and covenants of this Agreement shall
extend to and be binding upon the respective successors of
Sunnyvale and Cupertino
IN WITNESS WHEREOF, the parties hereto have caused this
t�greement to be executed by their respective officers , duly
-4-
aurhorized as follows: By SUNNYVALE this day of April,
1969, and by CUPERTINO this 2 /&t day of April, 1969.
CITY OF SUNNYVALE, a
Municipal Corporation
ATTEST: BY
JOHN E . DEVER, City Clerk yor
(SUNNYVALE)
Deputy City lei
(SEAL)
CITY OF CUPERTINO, a
po�ati
y- tile—_ ��.
ATTEST: WY-4 5 r. r'
BY Y. /f (CUPERTINO)
�
ty er
(SEAL)
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STAXE OF CALEFOWLA
ss.
COU14T'Y OF SANTA CIAitA
On this day of 196t, before me, a
Notary Public in and for the Ir-junty of Santa Clara, State of
California, personally appeared
and „�, known to me to be the Mayor
and Deputy City Clerk, respectively, of the City of Sunnyvale,
State of California., and known to me to be the persons who
executed the within instrument on behalf of the Music-*.pal
Corporation therein named, and acknowledged to me that such
Municipal Corporation executed the within instrument pursuant
to a resolution of its City Council.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the: day and year in this certificate first above
written.
Wotary Public In aild tor the County
of Santa Clara, State of California
Mjr commission expires
_ wwnntnumnuiunnnuurnum�unemrullu Is mlns:Ia: (SEAL)
CAROL A. SUTLER
NOTARY PUBLIC
Santa Cara Ct-uriy,
My comrn'ssw exp res Mar 24. 1972:
InlnJ�'IIII�tn1UnlQI{itil}l1111!11IIIii;a:{lNtiillliillUII1IIdIlIiY..;fi;
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DEAN)UMTHM FROM THE CITY OF SWAMWAIX
SMMA #69-5
EXHIBIT "A"
All of that certain real property situate in the City of Sunnyvale, Cowsty of Santo Clara, State
of California being a portion of Serra No. 5 ration to the City of Swnnyvale, paused and
adopted July 10. 1956 by S=myvale Ordinance No. 509, and being also a portion of Lot 35 as
said Lot is shown on the Map of Tract No. "65, Rio Sans Sow.i. recorded Narch 26. 1968
in Book 235 of Naps at page 20 in the Office of the Recorder of said County, said portion being
more particularly described as follows:
Commencing at the point of intersection of the center line of Glary Avenue with the center line
of Homestead [toad;
_'hence South 69°47'00" heat along said center line of Homestead Road 153.24 feet to the
northerly prolongation of the easterly line of said Tract No. 4465;
Thence South O*09110" East along said prolongation and easterly line 201.47 feet to the most
northerly corder of said Lot No. 35, last said point being the SUE POINT OF BBGDMXNC;
Tlh,ence continuing South 0009110" East along the easterly line of said Lot No. 35 a distance of
533.21 feet to the southerly line of said Lot and said Tract;
�Ieace outh 89*50115" Best along said southerly line 86.00 feet to the southerly prolongation
of the easterly line of Lot 34 of said Tract;
'hence North 0°09110" West along last said southerly prolongation, easterly line and its
northerly prolongation, 207.40 + feet;
Thence continuing along the westerly line of said 'Lot 35, along a tangent curve to the right t'
having a radius of 643 feet, through a central angle of 25°29'18", an arc distance of 286.E
feet;
Thence North 25°20'08" East, tangent to lest said curve, 54.42 feet to the Foint of Beginning.
Containing 0.85 acres , more or less.
PEANNEXATION Fe°m THE CITY OF SUNNYVALE
SCALE: I" = /00 ®ATE : 4^e. 9, /T9 By W-9/10.
Boundary of Proposed Annexation 0t
Existing City Limits Line �
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0oIXHIBIT
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September 2, 1969
Our Files 98,006
Mr. E. E. Mall
Manager, Lend Department
Pacific (Dam and Elertrl.- Company
245 Market Street
San Francler•o, California 41:)6
Deer Mr. Bell :
Re : Mary A:,!r n.i - G•r. ;p,.s-.
In :-egprd to ,your, permiseion for the purpo--e of
the Mary Avenue overpaQe within dae =nd Ele -trl,• Corrpeny's
; roperty, the ettached dupll -ate rop% of yz)u, letter i,rteU A.; 1:+
1963, outlining the -ond_tions of per�nIsslon has been ertor=e;
D% the City ManaFe4 `n ! for voir files .
Y _.r . ooperat 1-3r/ 1 :; «. r _ $ . reetl, apprer i.atec' .
rr 8'
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Lee Vc _'b")r,.
Director of !*-,>rke
L Y . "^..
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rc . City Clerk
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MARY AVENUE EXTENSION - STAGE .I
CONTRACT CHANGE ORDER NO. 1
TO: SWEENEY & SONS, INC. Date: June 16, 1970
70-A Cristich Lane
Campbell, California 95008
The following addition to the work covered by contract dated March 19, 1970,
is hereby ordered:
Re-route and repair sprinkler lines 857.19
Plus 102 handling & processing 85.72
Dig out for valve boxes and sprinklers
(Sprinkler lines not shown on plans)
Labor breakdown as follows:
8 hrs. @ 1.0.00 80.00
24 hrs. @ 8.00 192.00
CONTRACT INCREASE $ 1,214.91
CONTRACTOR: SWEENEY & SONS, INC.
By
Title
APPROVED AND RECOMMENDED: CITY OF CU:✓ERTINO
By:
7.
APPROVED AND IRMED: CITY COUNCIL OF THE CITY OF CUPERTINO
By:
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ATTEST:
C Clerk
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MJZM TELEPHONE (415)961-8=
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479 CASTRO STREET e r
MOUNTAIN VIEW. CALIFORNIA 9M40 l
W S T R U C T I O W COMPANY
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RESOLUTION NO. 2026
RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY FROM
THE STATE OF CALIFORNIA FOR STREETS AND PUBLIC PURPOSES
WHEREAS, the State of California desires to sell certain real
property to the City of Cupertino for the sum of One Hundred Thirty
Thousand Dollars ($130,000) ; and
F
WHEREAS, the City of Cupertino desires to purchase said real
property for streets and public purposes;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Cupertino that the City of Cupertino purchase from the State of
California for the sum of One flundred Thirty Thousand Dollars (S130,000) p
the real property described in Exhibit "A" attached hereto and made
a part hereof by this reference fog streets and public purposes.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino the 6th. day of J U I Y 1970, by the fol-
lowing vote:
AYES: Councilmen - Fitzgerald, Frol ich, Green , "Joel , Stokes
NOES: Councilmen - None
ABSENT: Councilmen - None
APPROVED:
/s/ Gary G. Stokes
Mayor, City of Cupertino
ATTEST:
/s/ Wm. E. Ryder
City Clerk
City Sunnyvale 2/2
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