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Home My WebLink AboutWater Supply Mary Avenue Mini Park - Casa DeAnza Association -1975 Casa De Anza V i Cit14 of Cupertf»o TO: Wm. E. Ryder, Dir. of Admin. Services DATE: Feb. 27, 1975 FROM: Bert J. viskovich, Dir. of Public Works SUBJECT: Agreement with Casa De Anza Association It is requested that tLe agreement between the City of Cupertino and Caa De Anza Association providing raater to the City's mini park on Mary Avenue be recorded. This agreement was approved by the City Council on February 3, 1975, 'Resolution No. 3839. sm I To i� MARE. BREWER & KELLEY. INC. i 305 lm®N AVE. ii PALO ALT*.CALIFORNIA 94301 !' PHONE:327-SM REGARDING: CASA DE ANZA D^TE: T-7- " As of July 1st Hare, Brewer Kelley will be taking over the property management of Case de Anza Homeowners Association. All correspondence and business of the Association should be directed to our office to either Donna Blazin or Pam Webb by writing to 305 Lytton Avenue Palo Alto or calling 327-5700 or 735-9105. We are looking forward to having a pleasant working relationship with your firm. 6 Sincerely, b 5, �y HARE, BREWER & KELLEY, INC. Donna Blazin Property Manager I DB:p --- a a Y uwo Wong MOM- 5= Harch 4, 1975 Mr. George A. Mmn Santa Clara County Recorder P. O. Box 736 San Jose, California 9�106 DOCU E:tT FOR RECORDATION Will you please record the enclosed Jocw--ent, as folltrws: Agreement by and between City of. Cupertino and Casa De Anxa Association, along with resolution to. 3939. ELLEN PAGNINII AEPXF.7 CITY CLETM rw encl. PLEASE RETURN TO: ' City of Cupertino 10300 Torre Avenue -- C" � Cupertino, California 95014 AG RE W IV FEE s ue, In ;:. ..wa This Agreement, wade metered into this 11 day of Deeernbes � 4 00 - ►' by and between Casa De Anza Association 9 hereinafter referred to as the "Owner" and the CITY OF CUrPERTINO, a municipal i corporation of the State of California, hereinafter referred to as the "City." WITNESSETH WHEREAS, the City is constructing a mini-park on Mary Avenue and requires a water connection for the park from the Casa de Anza development, and WHEREAS, the Owner is willing to provide said water to the City, NOW, THEREFORE, it is hereby mutually agreed by and between the parties hereto as follows, to-wit: 1. The Owner shall allow the City to make the necessary connections to the Owner's existing water system in accordance with standard construction procedures. The City agrees to replace any landscaping and/Z)r pavement dis- turbed by this construction in kind and to clean up and restore the area to its original condition. 2. The City agrees to place a meter on its water connection and to keep accurate records of the meter readings and credit that amount to Casa de Anza monthly water bill. The charge per cubic foot of water shall be the same rate as charged by the water company. 3. For the con3ideration offered the Owner shall provide the City with such utilities for a period of 99 years. 4. The Owner agrees that zhe City shall retain ownership of the necessary equipment installed, and the City shall have the right of ingress and egress to maintain the City utilities. • �, 5. This Agreement is for the benefit of City property, more particularly described in Exhibits "A" and "B". 6. Successors - Run with Land This Agreement shall bind the heirs, administrators, executors, successors, assigns and transferees of Owner. It is agreed and understood that this Agreement shall be filed for record in tho Office of the County Recorder of the County of Santa Clara, State of Caif.ornia and that the covenants in this Agreement shall run with the land, a description of which is contained in Exhibit "C," hich is attached hereto and made a part hereof by reference. I`J WITNESS WHEREOF, City has caused its name to be here,--nto affixed by its Mayor any' 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 By Mavor Approved as to form: By^ _ /^ Ci t Clerk City Attorney OWNER By Don Twidwell, President Casa De Anza Association 41 STATE OF CALIFOPUNIA ) ss. COLINTY OF SA NTA CLAR.A) On , 19 before me, the undersigned, a Notary Public in and for said State, personally appeared 9 kncra,n to me to be the persons whose names are subscribed to Lhe. within Instrument, and acknowledged to me that they executed the same. WITN'ESS my hand and official seal. Not ry Public in and for the County of Santa Clara, State of California ----------------------------------------------------------------- CORPORATION: ACK\OWTLFDC,E:•SF..`T STATE OF CALIFORNIA ) i ss. COUNTY OF SA TA CI-1S1JI) On 21st of January 1979 , before re, the undersigned, a ?votary Public in and for the said State, personally appeared Don rNvi(lwe?1 , kTICWIl to !:re to be the President _ _ _ of r7asa r)e 7\n7a r Gsr) .- atinr. . the corporation that executed the Within Instrument, known to ,-c to be the ;person -oho exxecuted the vlth n I::rrumert, on behalf of the Corporat-ion herein named, and ack owleQ^ed ro me Lhat suc;, Cor7-,cratticr the same. IN WIT ESS '.:'F:EI;EC'.=, I have hereunto set my hand aild affixed my official_ seal in the County of Santa Clary: the day and year in this certificate first above Writte:l. :. ':.: • . �• :-� t�► Notary I'ua9,c in and for the County - MARGO DEL SCHIRATO of Santa Clara, State of California F- `\ OFF!CfA''- SEA! NOTAR'e PJ?UG-CC-fFORN1A SANTA CLARA COUNTY G t' My Qkmmeuion Expir9s Jan.29,1977 o. 42 Rim A MARY AVENUE MINI-PARK All that certain real property situate in the: City of Cupertino, County of Santa Clara, State of California, more particularly described as follows: Beginning at the southwest corner of that certain parcel c;f land entitled "Tract 5374, Casa de Anza Condominium" recorded on May 20, 1973, in Book 322 at pages 51, 52, 53 and 54; thence leavin the point of beginning S. 2:3019'39" E. , 234.26 feet along the easterly line of Highway right of way of the State of California; thence conti_ni:ing along said easterly lin•-a along a tangent curve' to the right hp.vi.ng a radius of 3,000.00 feat, through a central angle of 5`59'40" for an arc length of 313.89 feet; thence c:011ti.nui.ng along said easterly line of State right of way, S. 17°19'59" E'. , 586.08 feet to the !,outhwest corner of the land be n described; thence along the southerly line of the Jamd being descri.neci E , 24.81 feet to a point on the westerly face of cu:-b of Mary Avenue; thence northerly along the westerly face of curb of Mary Aventle the folly:aing cc,ur.ses and d.is Lances: a. a curve to the right having; a radius of 535.00 kfeet through a central. angle of. 9*48'09" for an arc length of 91.53 feet; b. thence N. 17°1.9'59" W. a tangent distance of 647.03 feet; C. thence a tangcnt curve to thc: right having a radii:,; of 1035.'' f ect, t.hroueh a central angle of 17°l8' 25" for a•.i arc length of 312.64 feet; d. thence N. 0°01' 34" W. , a distc,ncc of 104.64 feet to the northerly liuc of the lands being described; thence along sz!d northerly N. 31°21'?.2" W. , a distance of 26.66 feet; _ 1 thence along common line of Tract 5374, S. 55°40' 30" W. , 135.13 feel to the point of beginning. � ti A V E. rR 0 to 0 3 N N � 3•. P� r-•� •25" C= 3t2.64' N I9•S9'vd. ro47.03' rz o r Q.bOr �• 3�3.P9' - S. �7`�q'S9'E. St3c.Up►' :.r s• 4.` r R_3ao0' �' a r+s � .. 5.�3 �y� �• g34.2b' w -------------- -r A -r nn AR.y A-4EN U E m i r.i t - PARK i EXHIBIT "Cal 3M 44 CASA DE ANZA COR'DOMimm All that certain real property situate in the City of Cupertino, Ccunty of Santa Clara, State of California, more particularly described as all of "Tract 5374, Casa De Anza, Condominimi," recorded on May 20, 1973, in Book 322 at Pages 51, 52, .53, and 54. M 6. It75 OX0 David H. Adaze At t"maey-at—Lew ity Bank Sullat.ua 111 IMsc. at. Jahn Street Sava ."ese, Califasoia 95113 DOC'MEM PUR A"XDVAL We are a uclesiug copies of the fulloving, darn acnts for ywar appro val t lhree (A) copies — Agro-mu at 'Sy and betwev the Pity of Cupertino im-1 Sams !Tara Valley t7ate r District Thms (9) files — Agr mmu t h7 aced betwmm the C1 ty of Cvpurtino a,sd Cass Deg Aria Association After emaaatioa of these doeumste plecass retul tt*t to this office. DEPM Cm CLM eAe3s. • B 45 • RESOLUTION No. 3839 A RESO 'IT10_1 OF THE CITY COUNCIL OF THI? r,, OF CUPERI UN'o AUTH04DIZING EXECUTION OF A,G1Zh E''lElt',T BE.T:•It;_r;1I THE CITY A?'.D CASA DE iViZA ASSOC1ATION PROV1DD%G WATH'i TO CITY'S MINI— PARK 0'3 1-W"Y AVLA;UF' WHEREAS, the City is constructing a mini—park on _'Nary Avenue and requires a water connection for the park; and ifii;:!:LAS, Casa De Anza Association is willi.ng to provide said water un;ier the tEriIr S1CI CC zG:itiOilS set forthin 21 3QrrIf.I::Cnt pYi: c nted t0 the nit': COt^t:::ilj N i1, THEIZEF07-:, 3 : IT P.iESOLVED tint the ''.ayor _." ' the City Cl`r'_ are 3cere• by authorized to e::ecute the a ;'rc', rent 12C?r:'_"'_T.-) ri`.err('_' to in Belt"I f Oi t e C'i ~V of Cunertino. Pi'Sc;I:D ti.'D at a r!'guI.ar __met nz of t''he '- " `";' Council. Cif t rl t`; of CllpG`"ino t.^'_S 3rd clay of February—, 19J t}.; (CilOt7i ;14 rvt_: Vote ''Ie—,bers *re Cite �! 'a-i 1i AN,1 S. Frolich, Jackson, Meyers, Nellis, Sparks N01 S No-ae I3S '.., None ABSTt'I:_;: None A_n i'? /s/ :teed Sparks Hay.-)r, 7.f v of: Cui-erti._o ' ATTEST: /s/ Wm. E. Ryder City Cler': r Cit,g of Cuperti"o TO: Wm. E. Ryder, Dir. of Admin. Services DATE: Feb. 6, 1975 FROM: Bert J. Viskovich, Dir. of Public Works Our File: 92,024 SUBJECT: Mini-Park on Mary Avenue Agreement with Casa De Anza Association for Water Supply Transmitted herewith are three copies of the referenced M reement. Please return two copies to this office after signatures of City officials. sm at tact+.. __