CC Resolution No. 99-097RESOLUTION NO. 99-097
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF FIRST AMENDMENT TO THE AGREEMENT
FOR EXCHANGE OF PROPERTY AND EASEMENTS
WHEREAS, there has been presented to the City Council a First Amendment to
the Agreement for Exchange of Property and Easements between the County of Santa
Clara, the Roman Catholic Bishop of San Jose (Diocese), the O'Brien Group, and the
City of Cupertino; and
WHEREAS, this amendment authorizes the dedication and expansion of a portion
of Easement EFC-5 to Pacific Gas & Electric Company to accommodate the maintenance
and installation of its underground gas lines; and
WHEREAS, the provisions, terms, and conditions of the aforementioned
amendment have been reviewed and approved by the City Attorney and the Director of
Public Works.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby authorizes the Mayor and the City Clerk to execute said amendment to
agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 5th day of April, 1999, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
BURNETT, CHANG, JAMES, STATTON, DEAN
NONE
NONE
NONE
APPROVED:
Mayor, Cit~ of~C pertino
TO THE AGREEMENT FOR
EXCHANGE OF PROPERTY & EASEMENTS
ements Agreement) dated June 24, 1998, among
----,,dmant to the A~'eement for Exchange of property _&..E_a~ .... (~A~ ~A~ · E ~DIOCESE), the O'BRIEN
, IS an *un= ............. _..:.....-,, ,,,.~v~ *ko ~Q~MAN CATHOMG
the coUNTY OF SANTA CL..~m. [~.u~,~, ~ J,"
GROUP (DEVELOPER) and CITY OF CUPERTINO
RECITALS
A, The Agreement among the above referenced parties include~l:
· Lands dediceted to the County for Public Open Space
· Diocese lands to become Public Open Space or Restricted in Use
· UtiliH easements reserved by the Diocese over lands dedicated to the County for Public Open Space
· Easement reserved for the C_.ity over lands dedicated to the County for Public Open Space
· Easements reserved by Diocese over lands dsdic~ated to the County for Public Open Space
· Utility easements reserved for the City over lands dedicated to the County for Public Open Space
· Easements granted by County to Diocese or City over existing Park Lands
· Easements granted by County to City over existing Park Lands
B. At the time of the Agreement~s execution, e Public Utility Easement (EFC-5) was granted to the City for water, gas
and electric (Exhibit F-3 of oflginal Agreement), but PG&E needs a larger easement than already granted to
accommodate the gas lines in this area.
C. Since the time of the Agreement's execution, pacific Gas & Electric has requested that a portion of the easement
be dedicated to them and expanded to include its gas lines. This Amendment authorizes such e dedication and
expansion.
AMENDMENT
'- ;ction 2.f.(t) is amended by adding:
EFC - 7 Easement to Pacific Gas & Electric for installation and maintenance of underground gas lines.
Section 6.d.(1) is amended by deleting the existing and inserting the following
DEVELOPER shall submit its plans and specifications to COUNTY for its approval 60 days before any work is to start
on EFC 3, EFC 4, EFC 5, EFC 6 and EFC 7 unless COUNTY approves a shorter period in writing. DEVELOPER
shal[ not proceed with any easement work without COUNTY'S approval.
Exhibit B-1 - Overall Site Plan - is amended by adding the EFC 7 area to the map of the affected County lands.
The Exhibit Index, Exhibit F - EASEMENTS OVER EXlSITING PARK LAHDS is amended by adding:
F5 - EFC7 - Easement to pacific Gas & Electric for installation and maintenance of underground gas lines.
AIL remaining ixovisions of the Agreement remain Tn full force and effect except as expressly provided above.
The parties have executed this Amendment on the latest date shown below:
COUNTY OF SANTA CLARA
?ere M¢;Hugh, Chairperson ~oard of Supervisors
Attest:
Phyllis Parez, Clerk Board of Supervisors
Dete:
Al~/~ecl as to form ~.d. legality:
O'BRIEN GROUP
Steve Zales, Vice'aresident
ROMAN CATHOLIC I~ISH0P OF S.~ ,JOSE
Roman Catholic BisholL~,~f San Jose, a
corpo~t~;'on sole N ) ._~..-.~
_
ReV. Michaa~.t :il, Vicar Genera
Date: ~
By:
Attest:
CITY oF CUPERTINO
City of Cupertino, a municipal corporation
Don Brown, City Manager
Date:
Kimberly Smith, City Clerk
Date:
Approved asto Form:
~harles Killian, City Attorney
Date: _ --
F:eek~d)~#p~anning/de~g mmnd22~g
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OVERALL SITE PLAN
OAK VALLEY - 212 ACRES
CUPERTINO, CALIFORNIA
~AY 1998
REVISED 14ARCH lggg
~ =R RECORDING, RETUR~ TO:
pACiFIC GAS AND F,£F, CTRIC COMPANY
245 Market Szree~ NIOA, Room I015
P.O. Box 770000
San Francisco, California 94177
Loc~ion: City/L)ninc
Rcc~ing Fca S
Document Transfer T~ $
~ Comput~ on Full V~uc of Pro~ Conveyed, or
ComgU~ on Full V~ue L~ Lie~ & En~mb~c~s
~ainin$ at T~c of Sale
~de¢larant o'~ent d~c~nining tax ~E FOR RECORDF. R'S USE ONLY)
~--- EASEMENT DEED
LD 2307-02-2384
Pa~ Rancho San Antonio
98140 12-98-1
Cupertino 10 Inch DFM Relocation Prolect: OakYalley-TractNo-9056
APN: $42-S'62
lqap R~f.: M:C 7(Llnderground ~as line~)
?
CouNTY OF SANTA CLARA, a public body of the State of California
hereinaf'(er call~:l Grantor, in consideration of value paid by PACIFIC (}AS AND ELECTRIC
· . ' whereof is hereby ac-
COMPANY, a Califorma coq~orauon, hereinafter called PG&E, the receipt
knowledged, hereby grants to PG&E the fight at any time, and from time to time, to excavate for,
any other size), maintain and use such pipe lines as PO&E shall
install, replace (of the initial or -
from time to time elect for conveying gas, with necessary and proper valves and other appliances
and fittings, and devices for controlling electxolysis for use in connection with said pipe lines,
and such underground wires, cables, conduits, and other electrical conductors, appliances,
fixtures and appurtenances, as PG&E shall from time to time elect for conununication purposes,
together with adequate protection therefor, and also a fight of way, within the hereinafter
· - ' City
described, easement areas lying within Orantor's lands which are sttuated m the __ State
of c~ino Cou.q.tyof Santa Clara -- '
of California, and a~ dcscfibed as follows:
(APN 342-05-062)
The parcel of land conveyed by The Roman Catholic Archbishop
of San Franciaco and The Roman Catholic Seminary of San Francisco
to the County of Santa Clara by deed dated sepgember 26, 1977 and
recorded October 11, 1977 in Book D197 of official Records at page
696, Santa Clara Coun=y Records and therein designated Parcel A-
The aforesaid easement areas are described aS follows:
~rea 1-
Commencing at a found h inch diamater iron pipe with plug
stamped RC£ 20821 shown on :he subdivision map entitled "Tract No.
9054, Oak valley - Unit 1" filed for record July 9, 1998 in Book
705 of MapS, at pages 13-22, Santa Clara County Records, marking
~he easterly corner of the parcel of land designated pArCEL B on
said Tract No. 90D~, ~nd being a point on the general northerly
boundary line of said Parcel A, thence funnin~ along the general
nor%herly boundary lin~ of sai~ parcel A
(a) south $1"11'40" west 182.98 feet
to the TRUE POINT OF BEGINNING; thence leaving said general
northerly boundary line and running along the general
southwesterly boundary line of the parcel of land described in the
deed from the County of Santa clara to the City of Cupertino dated
June 24, 1998, recorded July 9, 1998 as official Records Series
Number 14274465, Santa Clara County RecordS,
(1) on a curve to the left with a radius of 196.00 feet,
through a central angle of 23047'54" and tangen~ at the
northwesterly terminus thereof to a line which has a hearing of
south 56"25'30" east, an arc distance of 81.41 feet; thence
leaving said southwesterly boundary line and running parallel to
and 41 feet southerly of said general northerly boundary line
(2) south 81"11'40" west 171 feet, approximately
to a point on the general easterly boundary line of the 10 foot
wide easement described and designated 1., in the deed from The
Roman Catholic Bishop of San Francisco to Pacific Gas and Electric
Company dated September 15, 1939 and recorded October 3, 1939 in
Volume 946 of Official Records at page 522, Santa Clara County
Records, thence running along said general easterly boundary line
(3) northeasterly 47 feet, approximately
to a point on said general northerly boundary line, thence leaving
said general easterly boundary line and running along said general
northerly boundary line
(4) north 81"11'40'' eas~ 78 feet, approximately
to the TRUE POINT OF BEGINNING.
Aree 2.
The parcel of land described and designated AREA A in the
deed from the County of Santa Clara to the City of Cupertino dated
June 24, 1998 and recorded July 9, 1998 as Official Record Series
Number 14274464, Santa Clara County Records-
The foregoing description is based on a survey made by PG&E in
August 1998- The bearings used are based on the course shown on
said Tract NO. 9054, which course has a bearing of north 81°11'40''
east and a length of 598.29 feet.
Grantor further grants to PO&E:
(a) thc right of ingress to and egress from said easement areas over and across said lands
by mcans of roads and lanes thereon, if such there be, otherwise by such route or routes as shall
occasion thc least practicable damage and inconvenience to Grantor, provided, that such fight of
ingress and egress shall not extend to any portion of said lands which is isolated from said
e emcnt areas by any public road or highway, now crossing or hereafter crossing said lands;
Co) the fight from time to time to trim and to cut down and clear away or otherwise
destxoy any and all trees and br~sh now or hereafter on said easement areas and ~o trim and to cur
down end clear away any txecs on either side of said easement areas which now or hereafter in
the opinion of PG&E may be a h*~rd to thc facilities installed hereunder by reason of the danger
of falling thereon, or may interfere with the exercise of PG&E's rights hereunder; provided,
however, that all ~'ecs which PG&E is hereby authorized to cut and remove, if valuable for
timber or wood, shall continue to be the property of Grantor, but all branches, brush, and ~fuse
wood shall be burned, removed, or chipped and scattered, by PG&E;
(c) the right to use such portion of said lands contiguous to said easement areas as may be
reasonably necessary in connection with the installation and replacement of said facilities;
(d) the right to install, ~sintain and use gates in all fences which now cross or shall
bare.fret cross said easement areas~ and
(c) the right to mark the location of said easement areas by suitable markers set in the
ground; provided that said markers shall be placed in fences or other locations which will not
interfere with any reasonable use ~tor shall m~ke of said easement areas.
PG&E hereby covenant and agrees:
(a) not to fence said easement areas;
(b) to promptly backfill any excavations made by it on said easement areas and repair any
damage it shall do to G-rantor'$ private roads or lanes on said lands~ and
(c) to indemnify Grantor agsi~ any loss and damage which shall be caused by the
exercise of thc rights herein granted, or by any wrong.tiff or negligent act or omission of PG&E or
of its agents or employees in thc course of their employment, provided, however, that this
indenmity shall not extend tn that portion of such loss or damage that shall have been caused by
Crrantor's comparative negligence or willful miscpnduct.
Grantor reserves the right to use said easement areas gor purposes which will not interfere
with PG&E's full enjoyment of the rights hereby granted; prodded that Grantor shall not erect or
cons~uct any building or other swactur¢, or drill or operate any well, or construct any reservoir
or other obstruction within said easement areas, or diminish or substantially add to the ground
cover over said facilities, or construct any fences that will interfere with the maintenance and
operation of said facilities.
The provisions hereof shall inure to the bencfit of and bind the successors and assigns of'
the rcspcctivc parties heretO, and all covenants shall apply m and r~n with the land.
Pc'it MoHugh, Chairperson
Date:
Attest:
~-~yllis A. Percz, Clerk of the Board
Approved m to form ,*nd legality
State of california )
County of Seals Clara )
On ~ 1999, before me,
a Nol~ry Public in nd for said Stale, personally ap.l~are~ ~ who proved to me on the basis of
satisfactory evidence ~o be the pemon whose name ~s subscn~oed To th~s msu'ument and acknowledged to me that he
executed the same in his capacity, and that by h~ sigllatme on the msu-mnant, the person or the enuW upon behalf
of which the potion acted executed the insu'umen~.
lqorary Public
Mission T'tail Region
]CN: 22-98-011
1010988
DWG. NO. Z.0279
T75, R2W, MDB&M
SEC. 9, SW4
AF: 2307-02-1214
Prepared: PSM 12-21-98
R.~vised: PSM 2-8-99
Revised: DL 3-5-99