CC Resolution No. 4597 ' ^ • •
I
' ~
RESOLUTION ~0. 4597
A RESOLUTION OF THE CITY COUNCIL OF TEiE CITY OF CUPERTINO
AUTHORIZI:IG E!CECUTION OF AGREEDIE;IT REGaRDI;IG RECIPROCAL
F.~15EMENTS WITH ARVNCO OII. COhfPAP7Y, LTD. , USA AND USA
I PETROLEUM CORPORATION
~
~ WHEREAS, the City is desirous of entering into an agreement regarding
reciprocal easements with aramco 011 Company, L~d., USA and USA Petroleum
, Corporation; and
WHEREAS, an agreement between the Ci[y of Cupertino and Aramco Oil Company,
i Ltd., USA and US~ Petroleum Corporation outlining che terms and conditions of
~ said agreement has been presented to the City Council; and said agreement having
been approved by the Clty Attorney;
i
NOW, THEREFORE, SE IT RESOLVED that the ~tayor and [he Ci[y Clerk are
I hereby authorized to execute the agreement referred to in behalf of the City
i of Cupertino.
PASSED A.*ID ADOPTED ac a regular meeting of the City Council of the City
of Cupertino this 7th day of November , 1977, by [he following vote:
Vo[e Members of [he City Council
AYES: Jackson, Pfeyers, 0'Keefe, Frolich
. `IOES : None
• .1BSE.VT: Nellis
~ ABSTAIN: None
APPROVED:
~~~'t/~`-a~CfC_ ~ '-1`rU,~"'~~.
Mayor, City of Cupertino
ATTEST:
City Clerk
i
• • ~i.C: i
~)l
1 AGREf.MEtIT ~TF~e~ I~.
f "MS Agree,nent made~.htz yt aay of OCtaber, 1g77, by ana hetween
ARMICO OIL C~tPANY, LTD., USA ( ere r.a ter referrea Co as "Owner") ana the
CITY OF CUPERTiYO (heretnafter referrea to as "City").
'rA~cREAS, Owner is the mvner of tne real property described in Eznibit "A"
attacheC hereto, and
WHEAEAS, USA ~ETROLEUM CORPORATION is a lessee of Owner for Che tand
I described 1n Eahtbtt "A", and
~ ~ UHEREAS, USA PETRpLEUM CORPORATiON tntends to develoD tne tand descrtbetl
~ in ExMbit "A", end
WMEREAS, the Planning Commisston of the C1ty in approving development plans
~or the land described 1n Eahibic "a°, attached n conaitton to tne Use perml:
aOProva1 whic~ reaas as Ioltows:
'That the Droperty awner snall sign a statement agreeing to grant a
~eciDrocal drlveway and parktng easement to the property to the eas[
w~ich w111 be intttated at such tlme as the City can obtain tAe same
reciDrocel easements of the ad~acent property owner to the east."
YOM THEREFORE, Owner agrees wtth the C1ty to enter lnto a reciprocal
drlveway and parking eafement with the owner of the irtrnediately ad~acent
property to the east to be tnlttated at such ttme as the Ci[y can obtatn
the same reciDrocat easements of said aQjacent property owner.
Avner mnkes thts Agreement wtth the City upon the condltlon that such
easement is mutualty 6eneftcial tc Ovmer and the ad~acent property avner, and does not
tmpatr the operottonal requlrements of any of the parcels wM ch woutC ~ecome
sub~ect to the reciprocai easement agreements, and also'upan condttion that
the (Orm and ton[ent Of Such easement 1s SuO~ect t0 the Nritten apDrOVaI 0/
Owner and of USA Vetroleum Corporattan.
Any easement agreemen[s Getween ad~oining property owners sball Se
~eciprocal 1n nature.
TMs Agreement zhall bind and tnure to the benefit of the respective
heirs, suceessors, and assigns of the Darty hereto and shatl run wt[h the
land unt11 tertnlnated Dy the C1ty Council of the C1ty oP Cuoertfno. :n tne
event that Owner should se11 all or a portton of Ms tn!erest 1n tne aDave
described property, notice of thls Agreement shall ,e given to the purchaser(s).
I~ Wi7NESS NHEREOF, Owner naz executed thts Agreement with !he C:TV pf
CU7EATtNO on tne day and yeer first aGOVe wri;ten.
ARAMCO OIL COMPANY LTD., USA, OIvNER A?PROVi:D: l,ESS£E
OSA PETROLEIIM CORPORATIOlI
ay:~ ~j!'.:
[`~(~`L/C[lt., BY r c~'-L
Pou E. Mo er •
Chai a oL~, the Board
? aY ~,r ~~j
Doaald A. lrolich ~ H e-
C1ty of GuOe~Nno E~xecytive V p
~ and aecretary
C~ti`Ci.XaI /~./i~"""~q'+~- ~i
OprOV2 i5 CO Orm
Charies i. K111an, Asslstant Ctty Attorney
~ ~
„
Al1 of the real property located in the City o£ Cunertino,
County of Santa Clara, State of California, described as
follows:
Lot 5 as designated and delineated upon that
certain Map entitled, "Map of the Price Sub-
division being Lot d of the Craft Estate
Partition", and which said Map was filed for
record in the office of the Recorder of the
County of Santa Clara, State of California,
on December 27, 1911 in Book "N" of Maps,
page 74.
EXHIBIT "A"
v
~ L
~1
/f
/