CC Resolution No. 221RESOLUTION NO. 221
A RESOLUTION OF THE CITY COUNCIL
OF CITY OF CUPERTINO AUTHORIZING
THE EXECUTION OF AN AGREBiENT BY
THE VAYUR AND THE CITY CLERK.
WHE�REAS there has been prF. to the City Council a
proposed agreement fox the granting of an casement by WAtaru
1� to city of Cupertino for the construction of "Homesteac
Drain No. anc said agreement having been approvec' by
the City Engineer ane by the City Attorney;
NOW TH1'--R"EFC1R*tE* BE IT RESCLVED that the 1-yor A7r e city
(l.'lc-rk be arc' ire her: by ;:�uthorizec t -X(-tcute thc �qr�=ement
herein referrr to, in behalf of the City of Cupertino.
AN '� I St
AND ADGMED this - d o f December
1959, by the vollcwing vote;
AYES: Councilmen - Lazaneo Nathanson, (;aich,,and Wilson
NOES: Councilmen - None
AB I T : Councilawn - P , ' 3 � 1051
1 77 D:
ATTEST:
C=Y CLERK
A G R E E M E N T
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THIS AGREEMENT, made and entered into this `11
day of , 19-za, by and between the City of
Cupertino, a municipal corporation of the State of California,
hereinafter designated as "CITY," and WATARU MINE, designated
as "OWNER."
W I T N E S S E T H:
WHEREAS, OWNER is owner of 'that certain real property which
is designated as Parcel 1 on Exhibit "A" attached hereto and made
a part hereof by reference; and
CITY is a municipal corporation having Jurisdiction over
storm drainage systems in the incorporated area of said City,
and CITY desires to construct certain storm sewer facilities
along the route delineated on the attached Exhibit "A";
NOW, THEREFORE, in consideration of the mutual promises
contained herein, the parties hereto agree as follows:
1. OWNER shall grant to CITY a public service easement,
eight ( 8) feet in width, e.d jacent to and along the
southerly line of OWNER'S property. OWNER shall further
grant to CITY the right and privilege to enter upon his
lands contiguous to and along the said easement for the
purpose of doing any necessary or lawful act in connection
with the oonstruetion or maintenance of said pipe line or
lines.
2. CITY shall install said pipe line or lines at no cost
to OWNER.
3. In the event that a street is planned to be constructed
over easement by CITY, CITY shall have the northerly line
of said planned street at least forty (40) feet from the
southerly side of existing house of OWNER as delineated on
on the attached Exhibit "A", unless a variance of this
forty (40) foot distance has the approval of OWNER.
5. Upon request by OWNER to develop Parcel 1, CITY will
allow OWNER to connect to the storm sewer line upon
compliance with storm sewer regulations in effect on the
date when the connection to the sewer line is requested.
SCOPE OF AGREEMENT This waiting constitutes the entire
Agreement between the parties, axed no modification or waiver of
it shall be valid unless in writing and signed by both parties.
Waiver by either party of any breach of this Agreement shall not
be deemed waiver of any subsequent breach of the same or of any
other provision of this Agreement. If any part of this Agreement
is held to be indefinite or uncertain or unenforceable, such
determination shall not invalidate any other part of this Agree-
ment. This Agreement shall bind and inure to the benefit of the
heirs, administrators, successors and assigns of the parties.
IN WITNESS WHEREOF, the undersigned have executed this
Agreement this day of 19.
Mayor
J i City of Cupertino
"C ITY"
It OWNER"
Attest:
1 z �-
City Clerk
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MAR K THOMAS GO.
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CONSULTING EMOjN5ZA6
/S !NORTH 5AA/ P EDRO ST,
5A/V /054, CALIF.
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