CC Resolution No. 9477 (10-16-95)RESOLUTION NO. 9477
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING A GRANT OF EASEMENT FOR OAK TREE CONSERVATION PURPOSES
FROM DUBROVNIK ASSOCIATES, INC., LOCATED AT 22416 CUPERTINO ROAD
WHEREAS, Dubrovnik Associates, Inc., Grantor, has (have) executed a Grant of
Easement which is in good and sufficient form, conveying to the City of Cupertino, Grantee, an
easement for oak tree conservation purposes over the property situate in the City of Cupertino,
County of Santa Clara, State of California, more particularly described in Exhibit "A ", Exhibit
"B ", and Exhibit "C ", attached hereto and made a part hereof:
All that certain real property situate in the City of Cupertino, County
of Santa Clara, State of California, being a portion of Parcel 3 as
shown upon that certain Parcel Map filed on January 30, 1995 in Book
662 of Maps at Pages 21 and 22 in the Office of the Recorder of the
County of Santa Clara, State of California.
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said Grant
so tendered; and
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said
Grant of Easement and this Resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16th day of October, 1995, by the following vote:
Y= Members of the City Council
AYES:
Bautista, Burnett, Koppel, Sorensen, Dean
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST: APP O D:
-��
04 199047-Mc
r
City Clerk Mayor, City o upertino
Exhibit A
GRANT OF EASEMENT
CONSERVATION EASEMENT
DUBROVNIK ASSOCIATES, INC., hereinafter called GRANTOR, hereby
grants to the City of Cupertino, a municipal corporation,
hereinafter called GRANTEE, a conservation easement (C.E.) for
the preservation of a specimen tree within the hereinafter
described property of those certain premises which are situate
in the City of Cupertino, County of Santa Clara, State of
California, and being described as follows:
A conservation easement for the preservation of a specimen
tree over a portion of Parcel 3 of Parcel Map filed for record
on January 30, 1995, in Book 662 at Pages 21 and 22 in the
Office of the Recorder of said County, being'a strip of land 40
feet long and 20 feet wide described as follows:
See attached description and plat.
Grantor is hereby restricted for specific activity inside the
easement:
1. Restriction of Harmful Practices
Grantor is hereby restricted in his or her use of the
property as follows:
a. Installation of impervious pavement beneath the canopy
is prohibited.
b. installation of frequently irrigated plants (once in
two weeks or more frequently) is prohibited.
c. Use of sprinkler irrigation beneath the tree canopoy or
irrigation practices' which wet the area within three feet
of the trunk is prohibited.
d. Use of turn grasses beneath the canopy is prohibited.
e. Removal of limbs or branches larger than 12 inches in
diameter without a report from and ISA Certified Arborist
agreed upon by both the property owner and the Community
Development Director is prohibited.
f. Construction of a below grade spa or pool inside the
drip -line of the tree is prohibited without conference with
the builder, and written directions for preservation of
adequate root mass of the trees by an ISA Certified Arborist
agreed upon by the property owner and the Community Devel-
opment Director.
0 0
g. Construction which causes the removal of more than 15
percent of the absorbing root mass of the tree is prohibited.
h. Change of soil grade beneath the canopy, and within 10
feet of the canopy is prohibited.
2. Public utility companies shall not be allowed to trench in
the designated easement area nor shall they be allowed to
place wires above the tree and within the easement.
Grantor hereby further grants to Grantee a right of reason-
able access and privilege to enter upon his or her lands contig-
uous to and along the line of said hereinabove described strip
for the purpose of inspection.
Any specific activities described in the hereinabove described
easement do not relieve the Grantor from conformind to City
Ordinance No. 1573 (Speciment & Heritage Tree Ordinance).
IN WITNESS WHERIQ�, said parts,% h ve executed this Grant of
Easement this ,��F„j�_ day of (,lG irC, , 199'
DUBROVNIK ASSOCIATES, INC.
(Notary acknowledgement
(Single Form)
Effective 1/ 1/91
1 STATE OF CAUFORN)A
COUNTY O/F
On drTrt�P/ �, f)) before me she undeniped, a N Pubfie in and for said State,
personally appeared ALMY LEIS rf=_2A a..d BOZO use
s
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
0a >ubscribcd to the within instrument and acknowledged to me that he/sh sbev xccuted the same in his/
herij�uthoriud capacity(ics), and that by his /hcr�ignaturcls) on the instrument the person($), or the
entity upon behalf of which the persons) aced, executed the instrument.
WITNESS my hand and offu'aYsc.L
W PERRY WH(iFIELD 'i)
Signature... ^
3 Not t
r smta Cxa� 23.1997 A
Name d ►+M tanrt Es.I=
(typed or printed)
Frc.1197 (n.,.r..r «.rr —d m [...n
• • Exhibit B
O E S C R I F'T I O N OF' T H E LAND S O F
D U B R O V N I K ASSOCIATES' IN(--- I T O
B E D E D I C A T E D AS A CONS E RVAT I ON
E AS E M E N T
A portion of Parcel 3 as said parcel is shown upon that certain
Parcel Map filed on January 30, 1995 in book 662 of Maps at Pages 21
and 22 in the Office of the Recorder of the County of Santa Clara,
State of California, described as follows:
Begi.nning,at a point on the easterly line of said Parcel 3
distant thereon N0'01'W 63.00 feet from the-southeast corner thereof;
thence from said point of beginning N89'53'20.00 feet; thence
NO'01'W 40.00 feet; thence S89'53'E 20.00 feet to the aforesaid
easterly line of said Parcel 3; thence along said last -named line,
SO'01'E 40.00 feet to the point of beginning. Containing 800 square
feet, more or less.
W! M
No. C13312
Exp:3 -31-97
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L i P E R T 1 NI Q;
Exhibit C
GAV 1 & Z-10
GAV1GLi 0
5S9'S3�E
A I"20A0
20.
NST531 O
0I
lie ST•FVEN5 CREEK BLVD --�
P LA.T D,4 _CO Ns ESP V/ATION
FA 5E14,EV T
PARCEL 3 OF PAPCEL 1-4410--66Z A-1 2/, 2Z