HomeMy WebLinkAboutProjects_Highway 114 - State of California & City of Saratoga - 1961 Highway 114
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AGRKEMT .R :^aT1M M COO= OF SA VU CIARIi,
STATE Of CALIFORNIA, AM YHE CITY OF SARATOGA
FOR PAVUMT- OF COSTS Or R GHT OF WAY ACQUISITION
FOR STATE ROUTE 114
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WIMREAS, the State of California, acting by and through the Department
' of Public Works, Division of Highways, (hereinafter call.-ad "Stata"T,, has
offered to design and construct. State Route 114 to a four ..ane undiv!.ded
highway consisting cf four 11-foot traffic lanes and two 1-foot shoulders
from E1 Camino Real to the crossing of State Route 114 by the tracks of
the Southern Pacific Company, known as crossing No. EN 43.7; and
WHEREAS, said offer by the State is conditioned upon and subject to
the acquisition of all property rights of a local agency or agencies nec-
essary to construct said widening to said width; and
WHF. AS, pursuant to authority granted in the Streets & Highways Code
of the State of Cal«ornia, the County of Santa Clara (hereinafter called
"County"), and the City of Saratoga (hereinafter called "` "), desire to
acquire said property rights for the pur,: ,e of widening ,*_ghway and
further desire to provide for the paymenr- of the costs of c isition of
said property rights lying within the incorporated limits of City;
YCW THEE tr'ORE, County and City agree as follows:
1.. Co;:z,ty shall acquire any additional property rights rewired to '
provir` , a minimum right of way width of 80 feet on State Rou'ta 1.14 ;rom
El Camino Real to the crossing of State Route 1.14 by the tracks of the
Southern Pacific. Company, known as crossing No. EN 43.7, including all
required slope easements and any required drainage easements, all in accord-
ance with the right of way alignmen�. plans approved by State and County.
2. County shall pay the costs and expenses necessary to acquire any
property rights required, to remove and/or relocate utilities (including
irrigation lines) from the construction area, and to remove and.,/or relocate
all improvements from said right of way. The aforesaid term "costs and
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expanses" shell include, without limitation, (a) the pasrehase price of
any property right whether acquired by agra ment orcondemnation, (b) the
costs of: conducting condemnation proceedings including witness, jury and
filing fees, court exhibits, t:rsnscripts, •photographs, maps and diagrams,
(c) costs of land and other appraisals, (d) legal interest charges assessed
in condemnation proceedings, and (e) escrcw costs and title insurance
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premiums.
3. (a) As hereafter set forth, City agrees to reimburse County for
all costs and expenses incurred 'by County in acquiring said property rights
and for the removal and/or relocation of utilities and improvements within
the incorporated limits of City as said :limits are defined and determined
as of Mauch 1, 1961. Upon completion of the acquisition of said property
rights and the removal and/or relocation of utilities and improvements,
County shall submit to City .an itemized statement in writing of all costs
and expenses incurred by County in connection therewith. City shall within
sixty (60) days after receipt of said statement take all necessary action
to approve said statement. Notice of approval of said statement shall be
given in writing to County at the next regular meeting of the Board of
Supervisors of County following the date of approval by City.
(b) The abGve reimbursement s`.all only be in the following manner:
City hereby consents to an amount equal to the total of the above
costs being deducted by County from City's allocation of County highway
bond money (Bond Election - March 28, 1961) which sum County shall expend
in the vicinity of City.
4. (a) Within thirty (30) days after the date of execution of this
agreement, City may notify County in writing of City's election, to acquire
said property rights, including slope easements and drainage easements, In
accordance with said right of way alignment plans and to provide for the
removal and/or relocation of utilities and improvemeuts. rain: notification
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shall state therein whether City shall, acquihe said property rights and
provide for the removal and/or relocation of utilities and improvements
with its own funds or whether City desires County to advance the funds
necessary to acemapli,ah the same:.
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j (b) If City ,acquires said property rights and provides for the
removal and/or relocation of utilities and AWrove Ants with its own funds,
all costs and expenses (as that term is definA in paragraph 2 above) in-
curred in connection therewith shall be paid uy City and no reimbursement
of any amount thereof shall be made by County to City.
(c) If County is requested to .advance the funds to City for the
acquisition of said property rights and for the removal and/or relocation,
of utilities and improvements, County shall mak;� an estimate of the amount
required therefor and shall make said amount available for City"s use.
Any additional sum cr sums required by City for said purpo,es shall be
requested in writing by City, and said request shai_1 co:ata:in a statement
of reasons for said additional sum or sums together with such supporting
information and data as County shall require, Upon complet-:ern of the acquisi-
tion of said property rights aad the removal and/or relocation of utilities +
and improvements, City shall so notify County in writing and shall furnish
County with an itemized statement in writing showing ail costs and expenses
(as that term is defined in subparagraph 2 above) incurred by City in the
acquisition of said property rights and the removal and/jr relocation of
utilities and improvements. Upon approval of said statement by the Board
of Supervisors of County, written notice thereof shall be given to City
and reimbursement of the amount approved in .ziid statement shall be made
by City as set forth in paragraph 3(b) hereof.
S. In the event either City or County disagrees or disputes the validity
of .lay cost or expense of the other party contained in any itemized statemnt
required herein, notice thereof and the reason therefor shall be given- in
writing by the complaining party to the other. If the disagreement or
dispute cannot be resolved to the mutual satisfaction of both parties
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}r within sixty (60) days after notice thereof has been given, the items
of cost and aapffiwffi then subject to disegi;eement and dispute shall, be
removed from said statement, and payment of the remaining items shall:
be me" by City to County pursuant to paragraph 3(a) or paragraph 4(c),
as the case may be. As to the items remaining in disagreement or dispute,
City and County shall take whatever means are necessary to resolve the same.
6. No interest shall be charged by County for any money's advanbed
to City by County pursuant to paragraph 4(c) hereof or for the repayment
of the costs and expenses incurred by County in acquiring said property
rights and removing and/or relocating utilities and improvements
7. All property rights required herein, whether obtained by County
or pity, shall be acquired, or condemnation actions and orders for immediate
possession shall be filed, on. or before. January 1, 1962.
k3. Any notice required or permitted to be given hereunder shall be
deemed to have been given when addressed to the party to be notified and
posted by prepaid mail; and the effect a e date of such notice shall be the
date of deposit in the mails.
IN WITNESS WHEREOF, County and City have caused this agreement to
be executed this��'da.y of i'j, ��..;> %" 1961.
COUNTY OF C
By
Chairman, Board of 4SUP :L:S:�O�-rz -
ATTEST: J::AN PUT.KAN, Clerk of
Board o;: Supervisors
CITY OF SARA, i
By ;' 3 -
ti !� City Clerk of the City of Sarkto
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r COESTER 11011CO mW MDELMEIMMIC-tl, his wife, hereinafter caIIed Grnnuw., here-
by ormot to CITY Of CUKRTIND. a municloal c*rpor,tlon, hereinafter
. " called Ga tely, the Rklht to excavate for, instal , replace (of the ini-
{ t101 or r' othfir sire), iftInteIn and use for pub is jtiI ItIt' s as
to sholl ffts tieN to tiatLeJeCt within the iwreinafter descrilbt-
the" cwrtal+n pe rises which as, situated in the f i ty of
ty of 386to Clef, States of Cal ifornla, and described as
foi I"
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A strip of land MOD feet wide, the Westerly line of which is
described as 'follows
BEGINNING at the point of intersection of the Westerly fine of Lot
17, with the Northwesterly line of McClellan Road, as said Lot and
Road are shown upon that certain Map entitled, "Map of Colony Tract
Manta Vista*. which Map was filed for record in the office of the
Recorder of the County of Santa Clara, State of California, on April
11 , 1917 in Book P of Maps, at page 21 : thence from said point of
beginning North 7® 16e West along the Westerly line of Lots 17, 16 and
7, as said Lots are shown upon the Map above referred to for a distance
of 417.9 feet to the Northwesterly corner of said Lot 7 and the
terminus of said easement.
Said easement is grantee+ upon the following expressed conditions,
that all pipes shall have a minimum coverage of three (3) feet and
that there shall be no structures above the surface of the ground.
Grantor hereby further grants to Grantee the right and privilege
to enter upon their land contiguous to and along the line of said
hereinabove described strip for the, purpose of locating, constructing,
repairing, maintaining, or replacing said pubii.c utilities
or appurtenances thereto, and for the purpose of do-
ing any necessary or lawful act in connection with the construction
or maintenance of said public utilities; there is also granted the
right of the use of sufficient land contiguous to said strip on Either
or both sides thereof for the purposes of excavation of and deposit
of eerth and necessary building material during the time of construc-
ting said public utilities, and any repair thereof.
The foregoing is subject to the following express conditions-
The Grantee agrees to restore the ground surfacr and any im-
provements thereon to its original grade or condition insofar as it
is pracitcable and reasonable to do so.
IN WITNESS WHEREOF, said par i es have executed this Grant ,of
Easement this �.�,. day of , 19
Oa tcd:
STATE OF CALIFORNIA )SS. �
COUidTY OF SANTA CLARA)
ON Juan 1! 1163 before me, the under-
signed, a Notary Public in and for said
State, Personally appeared,
CHESTER DAMiCO and MADELiNE DAMICO
e known to me to be the persons whose names C
are subscribed to the within e ti r-
instrument and acknowledged that they
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lciai seal.
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Notarry Pub I I e I n and fo r said State
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CITY OF CUPERTINO Bm 7016 PACE(325
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CEWIFICATE OF ACCEPTANCE, is hereby given in
order to comply with the provisions of Section 27231
of the Government Code.
This is to certify that the interest in real
property conveyed by the deed or grant dated TOr.1 f.
to Ce%,` 0� lv(`. C a political
corporation and/or goy cz-:imertai agency is .hereby accepted
by order of the r tj C' C i a on
(I ei� ssiative odY
, (or by the undersigned
date
officer or agent on buh,:lf of the _
1L`islati.ve body)
pursuant to authority c::if erred by resolution of the
_ adoDted on , )
legislative (date
and the grantee cons,lint-,:, to recordation thereof by its
duly authorized of fl :,.e °.
Dated
?"116 622 f e -
@�c r'�tE r (L
AT REQUEST OF
JuL 0 203
S4NT® Ct-AP A OUNT
PAUL R.,ElLM
6&EcoRoE1i
DEDICATION OF REAL PROPERTY
FOR ROADWY PURPOSES
r R,. CALI & BRO. , a corporation, dedicate to the CITY OF CUPEWINO, for public
roadway purposes, together with the right to construct, repair, operate and
maintain any and all public utilities and improvements which shell be or become
necessary for preservation of the public safety, welfare, or convenience, all its
right, title, and :interest in and to the hereinafter described property which is
situate in the City of Cupertino, Country of Santa Clara, State of California,
and described as follows:
All that certain real property situate in the City of Cupertino, County
of Santa Clara, State of California, and being more particularly described
as follows:
Beginning at a point on the northerly .line. of McCl�eAlan Road (40.0) feet
wide) distant thereon S 890 57' 00" W 19.99 feet from the intersection of
said northerly line of McClellan Road with thce westerly line of Suilnyvale-
Saratoga Road (80.00 .feet wide); thence from said Point of Beginning
S 890 .57' 00" W along said ro::therly line of Mc;^lellan Road 160.01. feet;
thence leaving said northerly line of McClellan Road and run-ing parallel
to said westerly lir.& of the Sunnyvale-Saratoga. Read N C"01' 00" W 10.00
feet; thence easterly and parallel with sair.1 northerly line of McClelllan.
Road N 890 57 ' 00" E 130.02 :feet; thence along the arc of a curve to the
'Left having a radius of 30.00 feet thru a central. an,-,lc-. of 89"' 581 00" an
arc length o4 47.1.1 feet to a. point di.stanc westerly ZO.00 feet neasured at
right_ angLes from said westerly line of the Sunnyvale-Saratoga toad;
thence nr,)rtherly and parrallel with said westerly lime of the Sunnyvale-
Saratoga Road N 000 01 ' 00" W 130,02 feet; thence easterly parallel with
said northerly line of McClellan Road N 390 57 ' 00" E 20.00 fret to the.
said westerly lane of the Sunnyvale-Saratoga Road; thence southerly along
said westerly Line of Sunnyvale.-Saratoga Road; S 00 01' 00" E; 150.01 feet;
thence along the are of a curve to the right having a radius of
20.00 .feet thru a central angle. of 890 58' 00" an arc length of 31.40 feet
to the point of Beginning.
Containing O..110 acres of land more or less.
TR WITNESSC+,°IiERF.OF, executed this day of 1 v1114_ , 1.965.
R. CAL,Z & BRO.
By Lzz-nZ
Edward S. J. C i, siden�,b
By
S. B. tlin.assa, Secretory T `
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7623 693
'',TTY OP CU PTERTINO
('$1MFICAM 01P ACCEPTANry is hereby given in
order to comply with the provisions of Section 27281
of the Government Code.
This is to certify that the Interest in real
property conveyed by ,he deed or grant dated � - ! 4-
from L-Q-AI .e a (t)-)�,C-. to Q°('0 of f,-,Tome , a politl,ca1
corporation and/or gove.rnmer.tas agency is hereby accepted
by order of the �' ��'�� C= (° � �L,�rt`l L ot;
0l
(or by the unde.r.signed.
officer or agent on beh�L' o`' the
--`1nF_.1„l body - -
ve
"pursuant to a:lthor' .ty ccciferred by rea(--IUtzon Of t«ham
_ ad7Uted. on a
legis?.ati,.,e body) - atpf
and the grantee cons-n . ._ to recordation '-2-�reof by Its
duly authorizeO office._.
Oa t ed