101-Staff Report.pdf
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: October 5, 2010
Subject:
Hold Harmless Agreement, 10161 Phar Lap Drive.
Recommended Action:
Adopt Resolution No. 10-_______
Description:
Joetta A. Maier and Daniel S. Maier, the owners of the property located at 10161 Phar Lap Drive
in Cupertino (APN 326-39-056) applied for a permit to construct a 184 square foot addition to
their home (permit # 09120043). During the permitting process, it was discovered that the side
yard fence along the southwesterly side of the house is located within a strip of land that is
owned by the City of Cupertino.This strip of land connects the City owned Phar Lap Drive to
the Santa Clara Valley Water District owned lands along Stevens Creek. The strip of land is
currently being maintained and used by the Maier’s as side yard.
The Public Works Department has provided a verbal notification to the owners that this land is
owned by the City, and that the City retains the right to have the fence removed at the City’s
discretion. There are no plans set forth by the City to use or improve this piece of land at this
point in time. Also, requiring the owners to move the fence out of this strip of land would
obligate the City to both install a gate to prohibit public access to the land, and to maintain and
inspect the land on a regular basis. By leaving the fence in its current location, the City incurs no
expense. The Public Works Department believes that a hold harmless agreement, that protects
the City from liability, loss, damage, expense or costs arising out of the private use of this strip
of land, would be in the City’s best interest.
_____________________________________
Prepared by: Chad Mosley, Associate Engineer
Reviewed by: Glenn Goepfert, Assistant Director of Public Works
Approved for Submission by: David W. Knapp, City Manager
Attachments: Hold Harmless Agreement