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HomeMy WebLinkAboutJoint Use - State of California - 1971 P.G. & E. - Joint Use �(T � G� g � � � � J p6dS -aa MEW.2AM irss 2EM Rw- P.hL 04 an 85 18.2 a Document No.Qt®497.61 Ho,20 9a-B JOIN' USE AGREEMEN I' THIS AGREEMENT, entered into this---- Sth---day of-----March---------------------- 1971----, by and THE CITY OF CUPEI TUO, a municipal aeration hereinafter called "Company," and the STATE OF CALIFORNIA, acting by �md through its Department of Public Works, Division of Highways, hereinafter called "State," WI'TNESSE'TH WHEREAS, Company is the owner in possession of certain rights of way and easements, hereinafter referred to as "Company's easement" r conveyed in the dieted from Water Worka of Monta Vista, Ltd., to the City of Cupertino, dated and recorded March 1, 1960, in Book 4713, Page 506.A Official Records of Santa Clatra County, State of California. G and WHEREAS, State hu acquired certain lands for highway purposes in the vicinity of----the - City of Cupertino Santa Clara -- - --------- - ----------- - ----- - ---- - ---- -- - County of---------------------------------------------------------- ------- on State Road----- ®4'�C-- '85------------- ---- --------, hereinafter referred to as "highway right of way," which said highway right of way is subject to Company's easement; and AGRElLW Foam MRM-8e inay.t-sa/ WnEw.As, Companys facilities on the said highway right of way will interfere with or obstruct the construction, reoonstruction, maintenance or use of said highway, and States desires to eliminate such int,fezence or obstruction. Now, TwmEFoRE, Company and State hereby mutually agree as follows: 1. The location of Company's easement so far as it now lies within the said highway right of way be, and it hereby is, changed to the strip of land within said highway right of way, hereinafter referred to as "new location," described as f-311ows: SEE EXHIBIT As which is made a part d this document. t[YPE Mr.rM&M=-Sw..w moo OW • AGREEMENT � -3-- � F*P w R/W-38 (REV.12.37) 2. Company will rearrange, relocate or reconstruct within said new location any =A its facilities now installed pursuant to Company's easement within said highway right of way and Company does hereby surrender and quitclaim to the State all of Company's right, title and interest under and by virtue of Company's easement in the old location within said highway right of way and not included in said new location. Company hereby consents to the construction, reconstruction, maintenance or use by State of a highway over, along and upon Cgnnpany's easement both in the old location and in the new location within said highway right of way upon and subject to the terms and conditions herein contained. 3.. State acknowledges Company's title to Company's easement in said new location and the priority of Company's title over the title of State the-tin. Company has and reser-mL the right and easement to use, in common with the public's use of said highway, said new location for ell of the purposes for which Company's easement was acquired, without need for any further permit or per- mission from State. Except in emergencies, Company shall give reasonable notice to State before per- forming any work on Company's facilities in said new location where such work will be performed in, on or over the traveled way or improved shoulders of said highway or will obstruct traffic. In all cases, Company shall make adequate provision for the protection of the traveling public. EST.3330. 30433 it-JD tOM V' 31G Yy. r + AGREEMENT --4 FOAM R/W-88 (MM.92-971 t; IL }< amu wo In fte ex6rous of its r1afte mdw a fts eassmem PON umv& or evw to fumy f mo. . •t tw nee s eosammt vlot or left of Sasluell0im ea 42 i+ Oxcept lnor ghmeel to pendO the swistrustlen, reeesstrsettos or of compurts fteintioa.,. JAN 28191 VPE -� MAR QRIGINK'.. — MIT.OIIT.41437-000 4-70 IN 080 t� Alil!$�l6i+BY —L— Foaw Mww-88 tav:v.i-eey • f. '1 the event that the future use of said highway right of way shall at any time or times neces- sitate a rearrangement, relocation, reconstruction or removal of any of Company's facilities then existing in said aew location and State shall notify Company in writing of such necessity anc! agree to reimbur;e Company on demand for its costs incurred in complying with such notice, Company will provide State with plans of its proposed rearrangement and an estimate of the cost thereof and, upon approval of such plans by State, Company will promptly proceed to effect such rearrangement, relocation, reconstruction or removal. Company shall make adequate provisions for the protection of the traveling public. No further permit or permission from State for such rearrangement shall be required and State will (1) enter into a joint use agreement on the same terms and c. editions as are herein set forth covering any such subsequent relocation of Company's facilities within said highway right of way, (2) provide executed document(s) granting to Company a good and sufficient easement outside of the highway right of way if necessary to replace Company's easement or any part thereof, and (3) reimburse Company for any costs which it may be required to expend to acquire such ease- ment, provided it id mutually agreed in writing that Company shall acquire such easement. 6. Except as expressly set forth herein, this agreement shall not in any way alter, modify or termi- nate any provision of Company's easement. Both State and Company shall use said new location in such a manner as not to interfere unreasonably with the rights of the other. Nothing herein con- tained shall be construed as a release or waiver of any claim for compensation or damages which Company or State may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either State or Company in such a manner as to cause an unreasonable interference with the use of said new location by the other party. 7. This agreement shall inure to the benefit of and be binding upon the successors and assigns of both parties. 98T.10".feu-WO 10-97 MO 0 Cs. AML FORK"am-48 tam.1A81 F s Ix V TIdm Vmom Ip, the parties hereto have caused this agreement to be executed as dupIwaft by their respective oats thexcunto duly Reaommexded/or app ovah CITY ERTIMO Deputy State W41%-ay —' — — Asl�or, C�� of Cupertino icy cter _�----- Assistant Chief of Right of Way Agent STATE OF ('.ALIFORNIA DEPARTM LNT OF PUBLIC FORKS Approved as Io form and provedaire: Director of Public Works -- ----- —----- ------ — BY--- Attorney,Department of Public Worst Director STATE OF CALIFORNIA- ss. COUNTY OF SACRA!--TNTO On this - - -------may of- -- - - --- - ----- -- - ------ --- in the year 19- . before me, the undersigned, a Notary Public in and for the County of Sacramento, State of California, residing therein, duly com- missioned and sworn, personally appeared_---- ----- - -- - -------------------------------------------------------- -------------- known to me to be the_-------------------------------------Director of the Department of Public Works of the State of California: described in and that executed the within instrument, and also known to me to be the person who executed the same on behalf of the State of California therein named and he acknowledged to me that the State of California executed the same. Wnwass my hand and official seal Name (Typed or Printed) Notary Public in and for Said County and State aat aa.uas+-soo s_et as=0 o" y fl mommAn CITY OF SUNNYVALE EXHIBIT A . Q sYs"m zons m .er m"fty ®18vANcas $"OWN BY e.000049S TO 48TAIN 4?13 O.P. 50� . c�raoul�o-s,Eva�d dltTANC�► CITY OF CUPIERT{HO QUITCLAIMED BY JUA s plc � !� Ut•4°"7.61-2D�ta9-B - . City Lhvit -.. �.� yeti CITY OF CUPERTINO .�� � ,�0 JUA 613 ./r , •9 P Y Q AN® �/" Cif of Cupertino nn ,�qs+ `.w!„ "`ram.�'' / New Loea44on of 9 �� / �' °�� Water Line Ease. ® i3 STATE Cf CAL110INIA MIGKWAt TQANSPC�TATTC4 ACSVCT B:PASTh tKl OF PU:L!C WC:XS o DM-c!CN OF N:GhWAYS O_ DISIZICT IV ez LEGEND JUA SCALE MAWN BY JT.3 1 CATE -71 9 tp0 too 300 c� CRECI 3 gv I SCAU$ own CO. 4Zit_ r''.(La. N7. • 8ei- 135 �,8.� t�i-!orb - ai RF.SCLUTION NO. 3036 A FESOLUTION OF THE CITY COUNCIL OF TEE CM OF CUPERTINO APPRO`►INN JOINT USE AGREE[ MT NO. 20869-B WITH STATE OF CALIF010 A, DEPARTt.ZNT x OF PUBLIC WORKS, DIVISION OF HIGHWAYS WHEREAS, the City of Cupertino is the owner of a certain easement over land acquired by the State of California for right-of-way purposes knosin as State Route 85; and WHEREAS, Cupertino's easement will interfere with or obstruct the State's highway construction; and WHEREAS, Cupertino can accommodate State's facility by changing the ease- ment to an area of common use; and WHEREAS, Joint Use Agreement No. 20869-B has been presented by the State of California through its Department of Public Works, Division of Highways, to the City of Cupertino for execution to permit the elimination of that certain Cupertino easement and approve the use of a common area for easement, all as more fully specified in said agreement and exhibit attached thereto, and said agreement having been approved by the City Engineer; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are hereby authorized to execute said Joint Use Agreement No. 20869-B in behalf of the City of Cupertino. BE IT FURTHER RESOLVED, that the City Clerk be and is hereby directed to furnish the State of California with two certified copies of this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City o Cupertino this 15th. day of M. rcn , 1971 , by the follewing vote: AYES: Councilmen - FitzGerald, Frolicn, :green, ': .el, S`:okes NOES: Councilmen - N. ne ABSENT: Councilmen - N-ne APPROVED: /s/ Q_pry G . Stokes Mayor, City of Cupertino ATTEST: /s/ W,,:.. E. Ryder City Clerk sy March 23, 1971 Mr. W. R. Shoemaker Abet. District Utility Engineer Department of public Forks Division of 81ghvays P. 0. Bo[ 7791, Rl com Annex San Francisco, California 94120 Dear Mr. Shoemaker: With reference to your letter dated February 9. 1971, we are enclosing original and one copy of Joint Use Agreemteat, Document No. Ut.497.61--No.20869-S. This Agreement has been executed by the proper City officials and is being returned to you t+.r execution by the Department, as requested. A certified copy of the Resolution in duplicate approving the Agreement and authorising its execution is also enclosed. will you please have the Agreement and Resolution recorded and furnish us with ac jointly executed copy. Very truly yours, CITY OF CUPERTNO Gladys McHugh Deputy City Clark pr encle. i SQATE-f CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY RONAtD REAGAN. Goswna GARMENT Of PUSUC WORKS DMSION OF HIGHWAYS sS P.O. BOX 7791, RINCON ANNEX, SAN FRANCISCO 94110 February 9, 1971. 04-SC1-85/280 17.7X-19.5R 85: Stevens Creek Blvd. to 0.6 Mi. N/o Homestead Ra. Mr. Lee Yarborough 280: 0.3 Mi. W/o Stelling Director of Public Works Rd. to 0.1 Mi. E7o Foothill City of Cupertino Blvd. 10300 Terre Avenue 04403 - 121171 Cupertino, California 95014 Ut. 97.61 Dear Mr. Yarborough: Attached in triplicate is our Joint Use Agreement No. 20869-B covering the use of the common area between your City and the State on Route 85 in the vicinity of Engineer' s Station Al 427+30±, Road 04-SC1-8!W280, Project File 121172. Your facilities were relocated under Notice to Relocate No. 497.61, dated August 21, 1969, to accommodate State' s free- way construction where your Company had a wa-;erline easement conveyed in the Deed from Water Works of Monte Vista, Ltd. , to the City of Cupertino, dated and recorded March 1, 1960, in Book 4713, Page 506, Official Records of Santa Clara County. This Joint Use Agreement was promised by Utilities Agree- ment No. 497.61. If satisfactory, please date and have the original and one copy of the Agreement executed by the proper City officials and return them to this office for execution by the Department. The third copy is to be retained by you. Please have the signa- tures on the Document acknowledged, and attach a copy of the acknowledgment to each Agreement. Please advise if you wish recordation of this document. Please furnish a certified copy of the Resolution in duplicate approving the Agreement and authorizing its execution, or evidence in duplicate, that the parties signing the Agreement are acting within the scope of their authority. A jointly executed copy of the Agreement will be returned to you. Very truly yours 17 W. R. SHOEMAKER Asst. District Utility Engineer LED:BL SWAn AND TRANSPORTATON AGOWY BALD VEAGAK GOWAMOr CSWXFAUW OF VUKW WOW DIVISM OF HIGHWAYS ►A. BOB rML SM FRMCMO %119 MaY 3, 1971 04-sc1-85/280- 17.7x/19.KR 35 : Stevens Creek Blvd. :o 0.6 Mi. N/o Homesteal Road 280 : 0.3 Mi. W/o Melling Rd. to 0.1 Mi. L/o Foothill Boulevard Pair. Lee Yarborough 04403 - 121171 Director of Public WOrks Ut. 497.61 City of Cupertino 10300 Torre Avenue Cupertino, California 95014 Dear 1.1r. Yarborough: Attached is fully executed cop; of Joint Use Agreement No. 20859-B, between the State and the City cf Cupertino cover- ing the joint use of the area common to the State is freeway and your City°s waterline facilities on Route 85 , Road 04-SCi-85.°280. This document was recorded on April 21, 1971 in Boor_ 9300, pages 475 to 483-A in lusive, Official records of Santa Clara County . This Agreement was transmitted withyour letter of .larch 23 , 1971. Yours very truly , W. R. :i: 0Ef11At"_--.-" Assistant Distract Utility Engineer js " STATE Of CAUPONO AJiiNESS AND TRANSPWATKM ACAFNiCT UVARWIff Of MULAWRICS WASION OF HIGHWAYS 3991*921 P-0. qx 7T91 RONCO.`+1 ANNEX, SAN FRANCISCO 94120 04 SCl %85 18.2 RYJ90 :gE 475 vt-,rt�1.61 t Nam._._ No.10869—b JOINT USE GREEMENT THIS AGREEMENT, entered into this----15th__day of_____ ..-_torch___------------- 1971___-, by and between---THE CITE OF CUPERTINO. a municipal corporation hereinafter called "Company," and the STATE OF CALIFORNIA, acting by and through its Department of Public Works, Division of Highways, hereinafter called "State," WI'MESSETH WHEREAS, Company is the owner in possession of certain rights of way and easements, hereinafter `.referred to as "Comp.,nv's easement" conveyed in the deed from Water Works of Monta Vista, Ltd, , to the City of Cupertino, dated and recorded March 1, 1960, in Book 4713, Page 506, Official Records of Santa Clara County, State of California, O a Q and WHEREAS, State has acquired certain lands for highway purposes in the vicinity of-- the_ _ --_--- City of Cupertino ------_a County of- Santa-Clara---------------- on State aad_----------SCl 85-------------------------_ -_ ______________---- hereinafter referred to as "highway right of way," which said highway right of way is subject to Company's easement; and JAN 28 1971 "' 082MD41M '��°" Nil ®.• •/►r» ""i��� 6£!tM-041 f1ID'1►.f.YS1 gag 476 WOMM, Company's facilities on the said highway right of way will interfere with ar obArtwt the construCHM reemstruction,maintenance or use of said higlsway, and States desires to eliminate such iuberferer or obsbuctim. Now, TwmrFoxe, Company and State hereby mutually agree as follows: I. The location of Company's easement so far as it now lies;within the said highway right 3f way be, and it hereby is, changed to the strip of land within said highway right of way, hereinafter referred to as "new location," described as follows: SEE EXHIBIT A. which is made a pest of this document CO..i90..tERi.BtO0."OM oar • Am AGREEmm-t -3- FORN R/W.38 (R".12.57) 5001 woo 2. Company will reasranm relocate or recoristrurt within said new location any of its Ries now installed pwvuant to Company's easement within said h ij*way right of way and Company does hereby surrender and quitclaim to the State all of Company's right, title and interest Dander and by virtue of Company's easement in the old location within said highway right of way and r acluded in said new *ocation. Company hereby consents to the construction, reconstruction, m, -enance or use by State of a highway over, along and upon Company's easement both in the old location and in the new location within said highway right of wary upon and subject to the terms and conditions herein contained. 3. State acknowledges Company's title to Company's easement in said new location and the priority of Company's title over the title of State therein. Company has and reserves the right and easement to use, in ccmmon with the public's use of said highway, said new location for all of the purposes for which Company's easement was acquired, without need for any further permit or per- rnission from State. Except in emergencies, Company shall give reasonable not►ce to State before per- forming any work on Company's facilities in said new location where such work will be performed in, on or over the traveled way or improved shoulders of said highway or will obstruct traffic. In all cases, Company hall crake adequate provision for the protection of the traveling public. EST.33i5 304S3 11 6 ION:1 S►S Forty R/W-38 apay.to-s7i a 00 4 oft 18 Company shall not in the exercise of its rights under its easement pass throes or over the freeway Pence con- structed by State across C=Wanyls easement right or left of Engineer's Station A 427+30+ except in emergencies or when necessary to permit the construction, reconstruction or replacement of Company's facilities 66T.8)82.41"7-800 4.70 IN Sao N� from"HR/W-3B • sao�9 300 ma 4 79 a S. In the event that the future use of said highway right of way shall at any time or times neces- sitate a rearrangement, relocation, reconstruction or removal of any of Company's facilities then exi ming in said new location and State shall notify Company in writing of such necessity and agree to reimburse Company on demand for its costs incurred in complying with such notice, Company will provide State with plans of its proposed rearrangement and an estimate of the cost thereof and, upon approval of such plans by State, Company will promptly proceed to effect such rearrangement, relocation, reconstruction or removal. Company shall make adequate provisions for the protection of the traveling public. No further permit or permission from State for such rearrangement shall be required and State will (1) enter into a joint use agreement on the same terms and conditions as are herein set forth covering any such subsequent relocation of Company's facilities within said highway right of way, (2) provide executed document(s) granting to Company a good and sufficient easement outside of the highway right of way if necessary to replace Company's easement or any part thereof, and (3) reimburse Company for any costs which it may be required to expend to acquire such case- ment, provided it is mutually agreed in writing that Company shall acquire such easement. b. Except as :xpressly set forth herein, this agreement shall not in any way alter, modify or termi- nate any provLMon of Company's easement. Both State and Company shall use said new location in such a manner as not to interfere unreasonably with the rights of the other. "nothing herein, con- tamed shall be construed as a release or waiver of anv claim for compensation or damages which Company or State may now have or may hereafter acquire resulting from the construction of additional fac,#;ties or the alteration of existing facilities by either State or Company in such a manner as to cause an unreasunable interference with the use of said new location by the other party. 7. This agreement shall inure to the benefit of and be binding upon the Successors and assigns of both parties. STATE OF CALIFORNIA. + Santa Clara f S March Seventy One Jeremiah J. itzgerald Gary G. Stokes and W,m. E. Ryder - -•�•.- h -r o City Mayor and Ci Clerk ' E 10054 Sr: S_ _ _ ! .C� es una z 45014 City of Cupertino .. Santa Clara STATE OF CALIFORNIA COL•\'TY OF SACaAA4ENT0 4,81 On.this o6 day of e-4 /2- ' in tin year t 9 P ,before rne, (Vt;tvCY �.. 5>CVA f a Nulary Prbltc in on, for the Stair of California, rrsrdrn tt bruin, duly commissioned and sworn, prrsondh appes�rd - known to me to he the '-�._,�` S cir Highaal Engineer of titr Ver n/ California., dewribed in and that rteepftl :rr u ithin instrument, and alw known to me to be the person a ho a%ecuird the 4wra t on bebal f of thr Slate of Calb,urns therrin named and he acknnu Iedged tr, me v,, !be Slay or C.1riornra riecuted the samr. i 1.14 WITvt's WHtaeot, I fw.e hereunio srt m) hand and affi%ed ml sea, to said count y, the dat aad year lira ahe.t r u rttten. ••, I►� 1� --�— s tt�elw-�e r�aev.wasp • Ix Vnwass W*uaBoF, the part= $moo have caused this agreenwnt to to executed m du to by their rewective officiah dweunto duly Rec+twmev rd for tom: CITY OF CUPERT00 d> By uh1 mate --- 1Neyor, C Cupertino City Cle Mot of Vy AS.. STATE OF CALIFORNIA Pewnum DEPARTMENT OF PUBLIC WORKS J �e t s Approved as to foam and prwedatre: Director of Works t Attorney,Department of Public 4orbs — BY-- t STATE OF CALIFORNIA COLN-I TY OF SACRAMENTO On this day of —--------- - . in the 1--ar M , before me, the undersigned, a Notary Public in and for the County of Sacramento, State of California, residing therein, duly com- miss:vned and sworn, personally appeared --........ ----------- ---------- ..... known come to be the- --- -------- _ Director of the Department of Public Works of the State of California, described in and that executed the within instrument, and also known to me to be the persr a who executed the same on behalf of the State of California therein named and he acknowledged to me that the State of California executed the same. WrrNEss my hand and official seal - -------------- ------- -- - - -------------------- ---(sea) Name (Typed or Printed) Notary Public in and for Said County and State a&T.tu.Mts-too 11-97 rein OO Cop RESOLUTION 1�'J. 3036 V A RESOLUTION OF THL CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING JOINT USE AGREEMENT NO. 20869-B WITH STATE OF CALIFORNIA, DEPARTMENT OF PUBLIC WORKS, DIVISION OF HIGHWAYS WHEREAS, the City of Cupertino is the owner of a certain easement over land acquired by the State of California for right-of-way purposes known as State Route 85; and WHEREAS, Cupertino's easement will interfere with or obstruct the State's g` highway construction; and WHEREAS, Cupertino can accommodate State's facility by changing the ease- ment to an area of common use; and WHEREAS, Joint Use Agreement No. 20869-B has been presented by the State of California through its Department of Public Works, Division of Highways, to the City of Cupertino for execution to permit the elimination of that certain Cupertino easement and approve the use of a common area for easement, all as more fully specified in said agreement and exhibit attached thereto, and said agreement having been approved by the City Engineer; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are hereby authorized to execute said joint Use Agreement No. 20369-b in behalf of the City of Cupertino. BE IT FURTHER. RESOLVED, that the- Cit% C?er:- be and is hereb• directed to furnish the State of California with two certified copies of this rescluticn. PASSED A:�`D AIDOPTE-D at a regular meeting; of the City C0ur. .. of the Cite of Cupertino this 11' il. day of 1971 , by the following vote: el, v' esoAYES: Councilmen - ! NOES: Councilmen - ';'Aie ABSENT: Councilmen - N I e APPROVED: G_:ry ones Mayor, City of Cupertino ATTEST: /s/ Wm. E . _4ydler THIS IS TO CERTIFY THAT Ti-IE WITHIN INSTRUMENT IS A TRUE AND CORRECT COPY City Clerk OF THE ORIGINAL ON FILE IN TH;S OFFICE, ATTEST z]& Cl-rf CLE K OF THE CITY OF CUPER7TINO i• BY CIYKf CLERK S tt*` AND DWSUNNYVALE - EXHIBIT A .CITY OF �W. A "j n UPORNIA fI4* M 0V M0049S 4713 O.R. 50G Ps¢Z0V Ka•i�.vt&L oosTest+tCtt& CITY OF OUPERTIM OLD ems%-10 BE —e•�'� 4UITCLAiMED BY JUA M4971.61-W869-9 77 City Le= '-9 4 207 +30 Zip OF CUPERTINO ON lot CP �� J V sr \ r� ?g // City of Cupertiro NCVV Location Of Water Long Ease.:F'° •y / -,y HIGHWAY !2;.h..P02TAT:0"A DEP,:GT.k!NT Of PU!"C `0vS'-:'3 s LIN ®SYiSSG�o_ D'DISTRICT V liti,':.1r5 \ LEGoEND p v�� �® JU'A Access Proh;lj;tld tJ �6 20�G� 'S CALE � DRAWN oY J.T.JT3 RA-F 1 srAL!a.ywn p 100 209 3000. T C[E. - •: ��