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r
RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED. MAIL TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino. CA 95014-3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
DOCUMENT: 14929314
Titles I /Pages 8
No Fees
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CFees op
P
AMT PAID
BRENDA DAVIS
RDE a 102/015
SANTA CLARA COUNTY RECORDER
8/05/1999
Recorded at the request of
2-31 PM
City
(SPACE ABOVE THIS LINE FOR RECORDER'S
GRANT OF EASEMENT
FOR ROADWAY PURPOSES
THOMAS J. HUTTON AND PAULA L. HUTTON
22820 SAN JUAN ROAD
APN 342-21-025
RESOLUTION NO. 99-223
Original
For Fast Endorsement
II
GRANT OF EASEMENT
for
PUBLIC UTILITIES
APN: 342-21-025
22820 San Juan Road
Thomas J. Hutton and Paula L. Hutton, hereinafter called Grantor, hereby grant(s) to the
CITY OF CUPERTINO, a municipal corporation, hereinafter called Grantee, the right to
excavate for, install, maintain and use PUBLIC UTILITY EASEMENT as Grantee shall from
time to time elect within the hereinafter described property of certain premises which are situate
in the City of Cupertino. County of Santa Clara, State of California, and described as follows:
(See Exhibit A & B)
Grantor hereby further grants to Grantee the right and privilege to enter upon his lands
contiguous to and along the line of said hereinabove described strip for the purpose of locating,
constructing, repairing or maintaining said PUBLIC UTILITY EASEMENT for the purpose of
doing any necessary or lawful act in connection with the construction or maintenance of said
EASEMENT; there is also granted the right of the use of sufficient land contiguous to said strip
on either or both sides thereof for the purposes of excavation of and deposit of earth and
necessary building materia during the time of constructing said EASEMENT and any repair
thereof.
The foregoing is subject to the following express conditions:
The Grantee agrees to restore the ground surface and any improvements thereon to its
original grade or condition insofar as it is practicable and reasonable to do so.
IN WITNESS WI fEREOF, said parties have executed this Grant of Easem.:►t this.
day of Ivg I' , l9K .
(Notary acknowledgment to be attached)
1,
Owners:
Tho J. Hutton
Paula L. Hutton
EXHIBIT A
All of that certain property situate in the City of Cupertino, Santa Clara County,
California described as follows
BEGINNING at the most Westeny corner of Section 296 as shown on the map entitled
"Map of Inspiration Heights Monta Vista" which map was recorded in Book P of Maps
at page 14, Santa Clara County Records; thence along the Northerly line of said
Sectior. N42°41'00'E 83.99 feet; thence leaving said line and proceeding along a
nontangent curve to the right with an initial tangent bearing N65'39'05'E, a radius of
108.00 feet, an internal angle of 58'18'03" and a length of 109.89 feet to a point of
tangency; thence S56`02'52"E 132.04 feet; thence along a tangent curve to the right
with a radius of 110.00 feet, an internal angle of 33°58'02" and a length of 65.21 feet
to point of nontangency on the Easterly lire of Section 297 as shown on the above
mentioned Map; thence along said line the following two courses S 10°41'00"E 47.28
feet and S13'09'00'W 132.50 feet; thence leaving said line and proceeding
N85' 18'09"W 13.79 feet, thence N 1 °24'24'E 131.39 feet; thence along a tangent
curve to the left with a radius of 70.00 feet, an internal angle of 57°27'16" and a length
of 70.19 feet; thence N56'02'52"W 132.04 feet; thence along a tangent curve to the
left with a radius of 68 00 feet, an internal angle of 60°30'38" and a length of 71.82
feet; thence S63°26'30'W 76.29 feet to a point in the Westerly line of the above
mentioned Section 296, thence along said line N 16°33'32"W 10.54 feet to the point of
BEGINNING.
Containing 18,000 square feet more or less and consisting of a portion of Sections
296 and 297 as shown on the above mentioned Map.
%doesv,ur-ex•
IN
I;
No. 7m9i"' m
N85'18'09'W
13.79'
PLAT TO ACCOMPANY
EXHIBIT A FOR THE DEDICATION SCALE: 1" = 60' G a
OF P U D.L C UT(L1TY
POB
C/ N 16'33' 32" N 4 2'51 '00"E
lei j'0 ROq 10.54' 83.99'
ot
�
0=60'30'38" ,
R=68.00
L=71.82
•3 �40/
� Oma/ adv Q
,L=57'27'16" h`O ^i h`L • QP
R=70 00
L=70.19 o�ti�
Q�
513 0800"w/ 6= 33'58'02"
132.50,47.28 R=110.00
sl 00.
y L=65.21
1 �
s.
\ J
�y
'24"E 131.39'
�= 58'18'03"
R=108.00
L=109.89
CALIFORNIA ALL-PURPOSE. ACKNOWLEDGMENT
State of California
County of Santa Clara
On July 13, 1999, before, me. Yvonne L. Kelley. Notary Public, personally appeared
Paula L. Hutton, proved to me on the basis ofsatisfactory evidence, to be the person(s) whose
n e(s) is/are subscribed to the within instrument and acknowledged to me that they executed
the same in his.h�v/their authorized ca acit s) and that by his/her/their si mature s) on the
instrument the person(s), or the entity upon behalf of which t c•rson(s) acted, executed the
instrument.
WITNESS my hand and official seal.
uonMr weu�'KO�A{�L,1(�0��
�, vr� COMMINI�M i ,,.1071'
Signature of Notary
OPTIONAL
Though the data below is not required by law, it may prove valuable to person(s) relying on the
document and could prevent fraudulent re -attachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATrACHFD DOCUMENT
Individual
Corporate Officer
PARTNERS LIMITED
GENERAL
Grant of Easement
TITLE OR TYPE OF DOCUMENT
ATTORNEY IN FACT
TRUSTEE(S) 3
GUARDIAN/CONSERVATOR
OTHER NUMBER OF PAGES
July 13, 1999
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON OR ENTITY: Paula L. Hunon
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On July 13, 1999, before, me, Yvonne L. Kelley, Notary Public, personally appeared
Thomas J. Hutton, proved to me on the basis ol'satisfactory evidence, to be the person s) whose
namc(s)js/are subscribed to the within instrument and acknowledged to me that they executed
the same in/her/their authorized ca acit (s) and that by his/her/their si git tature(s) on the
instrument the person(s), or the entity upon behalf of which the persons) acted, executed the
instrument,
WITNESS my hand and official seal.
Si azure of Notary
►arwRv°Hn,aON
a ���,, tt
OPTIONAL _
Though the data below is not required by law, it may prove valuable to person(s) relying on the
document and could prevent fraudulent re -attachment of this form.
(CAPACITY CLAIMED BY SIGNER
Individual
Corporate Officer
PARTNERS LIMITED
GENERAL
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
DESCRIPTION OF ATTACHED DOCUMENT
Grant of Easement
TITLE OR TYPE OF DOCUMENT
ATTORNEY IN FACT
z
NUMBER OF PAGES
July 13, 1999
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON OR ENTITY: Thomas J. Hutton
+7
RESOLUTION NO. 99-223
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES FROM
THOMAS J. HUTTON AND PAULA L. HUTTON; LOCATED
22820 SAN JUAN ROAD, APN 342-21-025
WHEREAS, Thomas J. Hutton and Paula L. Hutton have executed a Grant of
Easement which is in good and sufficient form, conveying to the City of Cupertino,
Uramee, an casement for public utility purposes over the property situate in the City of
Cupertino, County of Santa Clara, State of California, more particularly described in
Exhihit "A" and Exhibit "B", 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, located at 22820 San Juan Road, APN
342-21-025.
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said
grant so tendered; and
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized to record
said Grant of Easement.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 19' day of July, 1999, by the following vote:
Vote Members of the City Council
AYES:
Burnett, Chang, James, Statton, Dean
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
/s/ Kimberly Smith
City Clerk
APPROVED:
/s/ Wally Dean
Mayor, City of Cupertino
"NO FEE"
City ol'Cupertino
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the
provisions of Section 27281 of the Government Code.
This is to certify that the interest in real property conveyed by the deed or grant dated
July 13, 1999, from
THOMAS J. HUTTON AND PAULA L. HUTTON
to City of Cupertino, a governmental agency, is hereby accepted by order of the City Council on
July 19, 1999, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: July 26, 1999
By.
Administrative Clerk
City of Cupertino
Recording Requested by, )
And when recorded mail to: )
DORON OHEL, ESQ. )
203070 TOWN CENTER LANE )
SUITE 100 )
CUPERTINO, CA 95014 )
AGREEMENT AND DEED EASEMENT
THIS AGREEMENT is made and entered into this day of ,
2009, by and between the undersigned Thomas and Paula Hutton (referred to collectively
as "Grantors"), and, Amy Cheng ("Grantee").
WITNESSETH
WHEREAS, Grantors are the owners of certain real property situated at 22820
San Juan Road, Cupertino, California and commonly known as Santa Clara County
Assessor's Parcel Numbers 342-21-023, 342-21-024 and 342-22025, which are
collectively identified herein as the "Servient Tenement":
WHEREAS, Grantee is the owner of that certain real property situated on San
Juan Road, Cupertino, California and commonly known as Santa Clara County
Assessor's Parcel Number APN 342-22-078, which is identified herein as the "Dominant
Tenement".
WHEREAS, San Juan Road is a private roadway, which passes over the Servient
Tenement;
WHEREAS, Grantee, wishes to traverse across that portion of San Juan Road on
the Servient Tenement for purposes of ingress, egress and regress to the Dominant
Tenement.
WHEREAS, Grantee, wishes to extend, install and maintain public and private
utility services upon, across, under, and/or over the Servient Tenement
NOW, THEREFORE, for valuable consideration, receipt of which is hereby
acknowledged, the undersigned mutually agree for themselves and their respective
assigns and successors in title, as follows:
Grant of Easements: Thomas Hutton and Paula Hutton, Grantors, shall, and
hereby do, grant and convey to Amy Cheng, Grantee, and Grantee hereby accepts from
Grantors, the following interest in the Servient Tenement:
1. Roadway Easement: A non-exclusive roadway easement for ingress, egress
and regress by motor vehicles, non -motorized vehicles and pedestrians, and
incidental purposes, upon and across that portion of San Juan Road that lies
upon and crosses the Servient Tenement;
And,
2. Utility Easement: A non-exclusive utility easement for the extension,
installation and maintenance of public and private utility services upon,
across, under and/or above the Servient Tenement to and from the Dominant
Tenement.
Legal Description/Location of the Roadway and Utility Easement: The
appurtenant non-exclusive roadway and utility easement is described as a portion
of the Servient tenement and more particularly described in Exhibit "A" attached
hereto and incorporated herein.
The appurtenant non-exclusive easement shall run with the lands described above
and for the sole benefit of the Dominant Tenement and shall bind the heirs,
successors and assigns of the above named Grantors and Grantee.
Maintenance and Construction Costs: Maintenance and Construction of the
Roadway Easement and Utility Easement is provided for in the "Addendum to
Road Improvement Contribution and Reimbursement Agreement" and
"Addendum to Road/Retaining Wall Maintenance Agreement", which are being
concurrently executed by the parties hereto.
Counterparts: This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, and when executed separately or
together, shall constitute a single original instrument, effective in the same
manner as if the parties had executed one and the same instrument.
IN WITNESS WHEREOF, the undersigned have executed this AGREEMENT
the day and year written next to the undersign's name.
Dated:
Thomas Hutton, Grantor
Dated:
Paula Hutton, Grantor
Dated:
Amy Cheng, Grantee
Recording Requested by, )
And when recorded mail to: )
DORON OHEL, ESQ. )
203070 TOWN CENTER LANE )
SUITE 100 )
CUPERTINO, CA 95014 )
ADDENDUM TO ROAD IMPROVEMENT
CONTRIBUTION AND REIMBURSEMENT
AGREEMENT
This Addendum to the Road Improvement Contribution And Reimbursement
Agreement ("Addendum") is made this day of July, 2009 by the undersigned.
WHEREAS, the undersigned are owners of certain parcels of land along a private road
commonly known as San Juan Road, in the City of Cupertino, State of California;
WHEREAS, on or about , Thomas and Paula Hutton ("Hutton"),
owners of certain real property commonly known as 22820 San Juan Road, Cupertino, CA, APN
342-21-023/024/025, Cary Queen ("Queen"), owner of certain real property known as 22830 San
Juan Road, Cupertino, CA APN 342-31-030, and Marianist Providence of the Pacific
("Marianist"), owner of certain real property known as 22825 San Juan Road, Cupertino, CA
APN 342-21-020/069 entered into the Road Improvement Contribution and Reimbursement
Agreement ("Agreement").
WHEREAS, the stated purpose of the Agreement was to allocate the road improvement
and related expenses between the property owners that were parties to the Agreement and to
establish rights for reimbursement from other owners not parties to the Agreement who
have a legal right to use San Juan Road.
WHEREAS, the Agreement specifically identified the then non-party owners of APN
342-22-078 as Angelo and Marjorie Leber, and specifically and expressly set forth the agreed to
pro -rata share of the road improvement costs as 5% of the total cost [Exhibit B to Agreement,
Category 4.]
WHEREAS, Amy Cheng purchased APN # 342-22-078 from Marjorie and Angelo
Leber, and has obtained planning approval from the City of Cupertino to construct a single
family residence on the subject parcel;
WHEREAS, Amy Cheng desires to substitute herself for the Lebers and succeed to all
the rights and privileges, as well as assume the obligation as the new owner of APN 342-22-078
to pay the agreed pro -rata share of 5% of the total costs of improvement of San Juan Road as set
forth in the Agreement.
WHEREAS, Thomas and Paula Hutton shall grant and convey to Amy Cheng the
following interest in the Hutton property (APNs 342-21-023, 342-21-024 and
342-21-025).
A non-exclusive roadway easement for ingress, egress and regress by motor vehicles,
non -motorized vehicles and pedestrians upon and across that portion of San Juan Road
situated on the Huttons' property;
and,
A non-exclusive utility easement for the extension and installation of public utility
services upon, across, under and/or above the Hutton property to the Cheng property.
NOW, THEREFORE, the undersigned agree for themselves and their respective assign
and successors in title, that Amy Cheng's total obligation for her proportional share of the initial
street improvement cost shall be 5% of the total cost or ($ .) Amy Cheng
shall pay the full amount to Thomas and Paula Hutton by way of a cashier's check, who in turn
shall reimburse all initial contributors according to the terms of the Agreement, to wit: Marianist
%; Queen % ; Hutton %.
Counterparts: This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, and when executed separately or together, shall
constitute a single original instrument, effective in the same manner as if the parties had executed
one and the same instrument.
IN WITNESS WHEREOF, the undersigned have executed this ADDENDUM TO
ROAD IMPROVEMENT CONTRIBUTION AND REIMBURSEMENT AGREEMENT the day
and year written next to the undersign's name.
Dated:
AMY CHENG
HUTTON
Dated: By
QUEEN
Dated: By:
CARY QUEEN
MARIANIST
Dated: By:
Recording Requested by, )
And when recorded mail to: )
DORON OHEL, ESQ. )
203070 TOWN CENTER LANE )
SUITE 100 )
CUPERTINO, CA 95014 )
ADDENDUM TO ROAD/RETAINING
WALL MAINTENANCE AGREEMENT
This Addendum to the Road/Retaining Wall Maintenance Agreement ("Addendum") is
made this day of July, 2009 by the undersigned.
WHEREAS, a Road/Retaining Wall Maintenance Agreement ("Agreement") was
recorded on November 9, 1995, in the Official Records of Santa Clara County, Document #
13089732 related to properties of San Juan Road, Cupertino.
WHEREAS, two of the original owners of one or more parcels situated along San Juan
Road designated in the Agreement were Marjorie and Angelo Leber, husband and wife, the
former owners of Santa Clara County Assessor Parcel 342-22-078 on San Juan Road;
WHEREAS, Amy Cheng purchased APN 342-22-078 from Marjorie and Angelo Leber,
and, has obtained planning approval from the City of Cupertino to construct a single family
residence on the subject parcel;
WHEREAS, Amy Cheng desires to substitute herself for the Lebers as the owner of
APN 342-22-078 as designated in the Agreement and succeed to all the rights and privileges, as
well as assume the stated obligation, and pay the designated pro -rata share, of the repair and
maintenance of Section 2 and Section 3 of San Juan Road as set forth in the Agreement [See
section entitled "Responsibility For Maintenance"];
WHEREAS, Thomas and Paula Hutton shall grant and convey to Amy Cheng the
following interest in the Hutton property (APNs 342-21-023, 342-21-024 and 342-21-025).
A non-exclusive roadway easement for ingress, egress and regress by motor vehicles,
non -motorized vehicles and pedestrians across that portion of San Juan Road on the
Huttons' property;
and,
A non-exclusive utility easement for the extension, installation and maintenance of public
utility services upon, across, under and/or above the Hutton property to the Cheng
property.
NOW, THEREFORE, the undersigned agree for themselves and their respective assigns
and successors in title, that Amy Cheng shall be substituted for the Lebers as the owner of APN
342-22-078 as designated in the Agreement, and that Amy Cheng shall be deemed a party
thereto and subject to all of its terms, covenants and conditions.
Furthermore, Amy Cheng specifically and expressly agrees for herself and her
respective assigns and successors in title, that APN 342-22-078 shall be held, transferred,
encumbered, used, sold, conveyed, leased, and occupied, subject to the terms set forth in the
Agreement, expressly and exclusively for the use and benefit of all parcels identified therein, and
of each and every person or entity who now or in the future owns any portion or portions of said
parcels.
Counterparts: This Agreement may be executed in one or more counterparts, each of which
shall be deemed an original, and when executed separately or together, shall constitute a single
original instrument, effective in the same manner as if the parties had executed one and the same
instrument.
IN WITNESS WHEREOF, the undersigned have executed this ADDENDUM TO
ROAD/RETAINING WALL MAINTENANCE AGREEMENT the day and year written next to
the undersign's name.
Dated:
Dated:
Dated:
Dated:
Cupertino Planning Commission 15
August 26, 2008
Chair Miller:
• Said he agreed also, and he felt it was appropriate that they revisit the document; it is's
planning document and they have expertise on it, which could help address the docum in
more detail than has been done in the past. To reiterate Vice Chair's question earlier ou said
11
�mmented
e Council gave us some very specific direction as to what to do or not; and you
back that it was in our purview to widen that scope."
Steve Pi cki:>�
• Said th ouncil gave the direction; I think what will happen as a,«�esult of it, is if it goes
beyond th ouncil's scope, then the Planning Commission could suggest that you think you
should go be d it and/or that this is really a General Plan concern, not necessarily Heart of
the City concern, nd as we are going to be amending the P19h for the housing element update
which by necessity ens up the land use element; you old suggest to the Council that we go
in and fix some eleme f the Plan that is disagreeabIV
Chair Miller:
• Said he agreed; it is timely sinc ey are
on the housing element and what t do
• Said he would support a study session.
housing element as well, and what they do
, are in some ways synergistic.
Steve Piasecki:
• Said that if it is the will of the ommission, h uggested they have a meeting on the 9"' of
September and 23`d of Septe er; holding a stud ession before the regular meeting, which
would give staff an oppo ity to send out notices the affected property owners and get
broader notice of this.
Motion: Motion by om. Kaneda, second by Vice Chair Gie to continue the aplication
to the S tember 23, 2008 Planning Commission meet at which time a study
sessio ill be convened to receive public input on the Plan,
Minute Ord Minute action of the Planning Commission advising the Ci ouncil of the
Planning Commission holding a study session on the Heart of City Plan
and focusing on a number of issues in relation to the Gener Plan;
consequently the document will not be forwarded to the City Council until
either October or possibly later November.
Vice Chair Giefer:
• Suggested that Kelly Kline, Economic Development Manager, be included in the discussions.
Amendment accepted by Com. Kaneda; second by Vice Chair Giefer. (Vote: 5-0-0)
3. EXC-2008-14 Hillside Exception for a new two-story, 3304 square foot,
(EA -2008-05), single family residence on a slope greater than 30%, and
TR -2008-05 Tree Removal request to remove and replace three
Amy Cheng specimen size Oak trees. Planning Commission decision
San Juan Rd. final unless appealed.
Colin Jung, Senior Planner, presented the staff report:
• He reviewed the application for a hillside exception to construct a new two-story, 3,304 square
foot single family residence on a slope greater than 30%, and a tree removal request to remove
and replace three specimen size Oak trees, as outlined in the staff report.
fd
Cupertino Planning Commission 16 August 26, 2008
• Grading quantity is about 200 cubic yards, the maximum allowed in the hillside zone is 2,500.
Parking required normally for a single family residence is 4 stalls; however, if you do not have
street parking, you should be providing two more. They attempted to accommodate 6 parking
stalls on the lot.
• Project issues include the hillside exception for construction on the steep slope; the
geotechnical review, tree removal and this particular section of San Juan Road is privately
owned. There are some publicly owned sections but this particular section is privately owned.
• Hillside exception: the residence is built at the top of the slope with the garage on the upper
floor and most of the living space cantilevered below; the type of foundation is a piering grade
beam foundation and this is necessary to minimize the grading on this property. The home
design is similar to two previously approved homes in the area. This residence is on a very
steep slope but it is not a prominent ridgeline. He reviewed the site plan and floor plan of the
proposed home.
• Geotechnical review: The site was reviewed by a private geotechnical engineer and was
reviewed by the city geologist. The recommendation was for a pier and grade beam
foundation which is the best suited foundation for the site as it minimizes the grading impact
and saves as many trees as you can. The side because of the steepness, is highly susceptible to
soil creep and landsliding and so the geologist said it was important that we convey any of the
storm drainage out toward San Juan Road and not into the surrounding soil. The city geologist
recommendations are incorporated in the model resolution.
• Tree removal: The area is covered with Oak trees and you really cannot build anywhere on this
property without removing something. There are three specimen sized Oaks greater than 10
inches in diameter and three non -specimen sized Oak less than 10 inches in diameter proposed
for removal with this application. There are two other trees that the city arborist believes
would probably not survive the construction, but the applicant has elected to try to preserve
them, and there are recommendations in the arborist report to try to preserve them. The
replacements recommended are per the protected tree ordinance which in this particular trees
requires for the three specimen sized removed, that they plant six 24 -inch box Oaks.
• The segment of San Juan Road is privately owned. The Inspiration Heights subdivision area
was subdivided in 1917 when they didn't pay much attention to the challenges of the slope and
the steepness of the slope when they put it in because they were rectangular lots. There was a
road that was mapped on that subdivision offered for dedication to the County but never
accepted. In all likelihood, the person making the road decided where the road would make
the most sense. The road itself is in places not where the offer for dedication but never
accepted road is, and along this particular section of the road, it is on private property owned
by a gentleman in the audience, and two other men who put up the money to basically improve
the road and fix it up and so anyone who has access to that road must participate in a
reimbursement of road costs agreement with the original funders of the road and there is also a
road and retaining wall maintenance agreement that any property owner in the area must also
join. In addition there are access and utility easements that must be negotiated with the
adjacent property owner. The city's involvement in this is limited to just the road
reimbursement agreement and the maintenance agreement and it will be incumbent upon the
applicant to negotiate with the adjacent property owner who owns the road over the easement
agreements in order to get the utilities to the property.
Steve Piasecki:
• Noted that the City of Cupertino was not incorporated in 1917; these are subdivisions that took
place under the County jurisdiction at the time and there was very limited oversight and
review. It has been upheld by the courts that the cities must allow reasonable use of
independent piece of property and that is why you are seeing this on an otherwise awkward lot.
Cupertino Planning Commission 17 August 26, 2008
• Staff recommends approval of the hillside exception and tree removal in accordance with the
model resolution, with the added Public Works condition: "That the applicant shall participate
in the road reimbursement agreement and road and retaining wall maintenance agreement prior
to building permit approval."
Staff answered Commissioners' questions about the application.
Amy Cheng, Applicant:
• Said she had nothing to add to Colin Jung's presentation. She said she agreed with the
applicant's reimbursement for the road improvements, and the maintenance agreement; and
agreed to follow the context of the agreement.
Chair Miller opened the public hearing.
Tom Hutton, San Juan Road:
• Is opposed/neutral on the application.
• Said it was important that they get reimbursed for the road and also the road maintenance
agreement; and he was pleased that Ms. Cheng has agreed to that.
• Regarding the easements, the people who lived on the property before us granted an easement
to this property in 1980 and my reading of the easement is that it is a 15 foot easement in the
center of the property. When I look at the plans, about 50 feet of the property is connected to
the road; there is a lot more use of the easement than 15 feet; I am concerned about that and I
have had other people review it and they agree with me. I don't know where we go from here
on the easement, we can discuss it with the Chengs but I hate to see everything go forward
with the present plans if the easement is as restrictive as I believe it is. That is a concern.
• Another concern is the parking. Traditionally there hasn't been any parking on this portion of
San Juan Rd., it is not particularly wide and there is a fair amount of traffic on it. Said he
would object to having parking on San Juan Road as a part of ordinary parking, and would like
to see some other options other than having to park on the road which nobody does.
• There is a beautiful Oak tree on the property line and if I look at the plans for the parking
space, it is about a three foot setback from the property line, which is a little close. That
parking space is only going to be a foot from this 22 inch Oak, which is on our property and
we would like to maintain it. It is not one of the three trees slated for demolition but I am
feeling it has a problem with the way the plans are now, and I would like to see that addressed.
• The Chengs are heroic in trying to preserve Oaks because the property is riddled with them
and he suggested they keep a close eye on their contractor.
• There is the issue of the utility easement which is something between us that we will work out
but now that is an open issue.
• Originally the storm drain on San Juan Road on that portion of the road was only done for us
and two other parties were added to that and we took a look at that when we did that to make
sure that the storm drain had sufficient capacity and now we are adding another property.
There should be some type of engineering analysis that says we are going to dump another XX
amount of square feet of water on the San Juan Road in the 50 year rain; or whatever the
criteria is because there have been a lot of mudslide problems on San Juan Road and down the
street from us.
• Said he was neutral on this development, and not really opposed to it, but there are many
tricky things with the hillside things that need to be addressed.
Colin Jung responded to Mr. Hutton's questions:
• Relative to the ownership of the storm drain systems and capacity of the storm drain system,
he said he asked the Public Works Department to see if they could locate the engineering
Cupertino Planning Commission 18 August 26, 2008
analysis for the road itself to find out how the storm drainage system was sized for this area. It
anticipated to some degree the Hutton's property, the Queen's property to a lesser degree, the
former Marianist property. He did not know how much of a contribution this particular house
would be; normally when we require storm drainage systems we don't build it to the
minimum, but usually build it over capacity, but that is something that will need to be
addressed. We will have to go back to the original research to find out exactly what the storm
drainage calcs were for the surrounding lots, figure out what size drain pipe was built down the
road and factor that in to see how it all works together.
• Parking on San Juan Road: He said they were not proposing any parking on San Juan Road;
there is a separate sheet in the plan set where I asked the applicant to talk to their contractor
about the construction staging for this project and I think that he did show some construction
workers parking on San Juan Road; that is not going to work. We are not proposing any
onstreet parking; all parking proposed is on the property with the exception of this space over
here which is overlapping her property and the Hutton's property as previously mentioned. For
construction staging, the construction workers will need to talk to the Legionnaires which
presently owns the Marianist property and use some of their surface property.
Chair Miller:
• Next issue is that there is currently a curb there at the property line which will be removed
with this construction, and the curb was preventing water that is shooting down from higher up
from draining into the lot itself.
Colin Jung:
• The construction has to be done very carefully; once they remove that curb, they will not be
allowed to do any type of construction during the rainy season; which is from October through
April, that they are not going to be able to do the type of work that you are thinking about. It
is going to happen during the dry period. It is not going to be as much an issue but there are
some unseasonal rains and what Public Works normally requires is that they are going to have
to set up some type of straw waddles or similar to keep the flow going down San Juan Road as
opposed to onto the property.
• Said the curb would not be put back in after the home is completed. The geotechnical report
indicates that the driveway has to be sloped toward the street, and that not only are they going
to have to carry the drainage from the roots onto the street but they are going to have to
prevent the drainage that is coming off the adjacent properties, keep that on the street and not
flowing onto their property.
Chair Miller:
• Last issue was that the Oak tree is about one foot away from the paved area for parking. Will
that impact the root structure of the Oak tree? He asked if staff was concerned about the
impact to the root structure of having cement parking that close to it?
Colin Jung:
• He said that they would have to look at some type of pervious driveway to make sure that the
water that hits that driveway percolates in the ground to feed that Oak tree but keeping the
drainage of the roots off the lot and onto the road; because it is getting rainfall where it is.
• The root structure itself, an arborist will have to look at that particular tree; there is language in
the arborist report about protecting the tree itself but if you were to able to go onsite and look
at the slope conditions, there seems to be very little upsloping; most of it is downslope of the
trees; and in this particular case much like the other trees, most of the soil that the roots are
attached to are downslope of the tree itself.
Cupertino Planning Conunission 19 August 26, 2008
Cary Queen, San Juan Road:
• Said he supported the project; it appears to take into account the difficulties of this particular
site. Said he did not have any particular concerns and supported it moving forward.
Chair Miller closed the public hearing.
Com. Kaneda:
• When talking about the Oak tree, the general structure of this building is piers; is there any
areas along the street where there is slab on grade type situation, because if the building is
standing on a dozen piers, I don't see why you have problems with damaging root structure.
Colin Jung:
• That is the beauty of the pier grade beam foundation, is that you are drilling piers and you have
minimal impacts on roots when you do something like that; however, the front of the house
itself there is a little cut and fill in the front and it shows up on the grading plan itself, so there
is a small pad over there before you get to the grade beam.
• Said that the Planning Commission did not have to deal with the issues raised by Mr. Hutton.
He said that Mr. Hutton has a lot of control in the sense that there are easements that have to
be acquired from him for this property and in the fact that there is also the reimbursable
agreements and the maintenance agreements that are city -signed and recorded documents that
require the applicant's participation in them or they do not get their building permit. There are
a lot of existing strings attached to what Mr. Hutton has described, but we are pleased he
brought it up. All the personnel that were involved in the previous agreements with Mr.
Hutton as far as getting this road constructed have all since retired or left the city. There is a
condition of approval that says the applicant is required to reimburse the three property owners
for their previous financial contribution for the road and they are also required to be a party to
the maintenance agreement for the road. Those are the two things that the city is involved in
with this property.
Chair Miller:
• To some extent this is a legal issue and on different applications, the legal staff has ruled that
the easements have to be resolved before the applicant can go ahead. There were other
situations where the legal staff has ruled that the applicant can get his permits and approvals
and the easement issues were private matters to be dealt with between the two property
owners, and the city did not get involved. He said that given he had seen both situations, he
was not comfortable without some type of legal input as to what the city's position should be.
Colin Jung:
• Said with the previous application, the Fluker application, which also required a hillside
exception, all those agreements were utility access easements and parking were all negotiated
between Mr. Hutton and Mr. Fluker after the fact; they were all negotiated before the house
was built but after the planning approval for it.
Chair Miller:
• He pointed out that the manner in which the legal staff sees this from the legal issue, gives an
advantage to one party or the other in subsequent negotiations, and perhaps there should be
some legal input. Has the city legal staff looked at this?.
Steve Piasecki:
• Said they typically would not send it to the city attorney; there is nothing wrong with the
Planning Commission putting a condition that says that the attorney shall review the existing
Cupertino Planning Commission 20 August 26, 2008
easement arrangements and verify that they both protect the public's interest in terms of
drainage and access, and maintenance, but also that they are a legally defensible agreements
and he buy off on that prior to them pulling a building permit on this.
Com. Rose:
• Said she had similar concerns about the loose end part especially regarding the drainage, if
there is currently a 16 inch curb and how that is going to be changed. She said she felt a closer
look by the attorney on those issues would be a wise move.
Com. Brophy:
• (directed to Mr. Hutton) As far as the proposed resolution before us tonight, are you
comfortable with it, do you support it. My thought on this is, if Mr. Hutton and Ms. Cheng are
willing to go ahead with the resolution as proposed, then if they are willing to take whatever
risks there are of negotiating satisfactory, various agreements, I would be willing to go
forward.
Tom Hutton:
• Said that he was; and noted that he was not opposed to the development per se; but there are
the issues of concern.
Chair Miller:
I appreciate that also, but the city is another party at risk and wanted to make sure they are
covered as well. That is why I think it is appropriate that this be reviewed by legal staff.
Com. Brophy:
• Said he would support the project; there are a number of complex issues. He said he would be
ready to move on subject to the additional clause suggesting attorney's review for city liability.
Com. Kaneda:
• Said he generally supported it, with some concern about the statement of the storm drainage
which is covered in the resolution.
Com. Rose:
• Said she agreed.
Vice Chair Giefer:
• Said she was concerned about the slope being too steep; and was concerned about the
proximity in general of the area to the two different fault lines, 300 feet from one and 600 feet
from the other fault line. There is a known slide pointed out on the seismic and the geo charts
and some buckling that occurred in the road which potentially is either water or land
movement.
• Said she was not comfortable giving a hillside exception, and would not support the
application.
Chair Miller:
• Said he was not comfortable with it either, and felt it was foolish to put a house there.
However, they have been reassured several times that engineering -wise it is possible and city
staff will double check this and make sure the city is not liable in any way.
• Said he did not disagree; the question is are our hands tied here in terms of approving
development on this property because we have inherited it from the County; exactly what is
our requirements or responsibility here.
Cupertino Planning Commission 21
August 26, 2008
Steve Piasecki:
• The requirement is to allow reasonable use of the property, and if you feel that due to the slope
and drainage conditions and existing trees, that reasonable usage mandates a much smaller
home, you could ask the applicant to go back and redesign to accommodate that; and/or if
there are any technical questions including the legal question or geologic questions or that the
apparent fill area you are not satisfied with, you could ask for clarifying information, so that
you could determine whether this house or whether it needs to be reduced in size. Courts have
upheld that cities, when there is an independent lot that we need to allow reasonable use of the
property. Specifying no house is not a reasonable use for the property.
Chair Miller:
• Said he was not in a position to identify what size house would be more acceptable than some
other size house, and would have to rely on the technical reports they have.
• He said he would reluctantly support this application.
Motion: Motion by Com. Rose, second by Com. Kaneda, to approve Application EXC
2008-14, TR -2008-05, EA -2008-05, with the following condition: City Attorney
Review: The City Attorney shall review the existing private agreements to
ensure that the city's interest relating to storm drainage, reciprocal easements,
and maintenance of the roadway are observed and protected; and that said
review shall take place prior to filing or release of permits. (Vote: 4-1-0; Vice
Chair Giefer No)
ASA -2008-05, Architectural and Site Approval and Amendmpn tof Development
A-2008-06), Approval for the demolition of five buildings containing about
08-03, 139,632 square feet and the development of three, new two-story
TR -2 -06, office buildings containing 155,500 square feet, a two-level, 204
Tim Kell mbarcadero space parking garage, surfa "arking lot and landscaping
Capital Partn improvements at an ex' ' g 19.8 acre park; Tree Removal request
1 Results Way to remove 303 tree approved landscape plan and replace them
with 321 trees a existing office park. Tentative City Council
ate: Septe er 16, 2008
Colin Jung, Senior Planner, prese%W,,the staff report:
• Reviewed the application for itec 1 and site approval and amendment to development
approval for the demoli ' of five buiNke
he development of three, new two-story
office buildings, a tw evel, 204 spaceage, surface parking lot and landscaping
improvements at existing 19.8 acremoval request to remove 303 trees on
approved lands a plan and replacemens at the existing office park, as outlined
in the staff r rt.
/ee the project data, site description; project desc ion; General Plan development
zoning interpretation; site design; on-site circula and parking; traffic and
; lot line adjustment/easements; trees; and public noticin . tails are contained in
port.
additional conditions to add to the Use Permit and Architecture an Approval.
umbered to correspond to the conditions in the model resolution. There some
ing changes to clarify the intent of the condition; Cond. 5, the key word is: we are
leaving the LEED Silver in there, but we are saying certifiable as opposed to just LEED silver.
The applicants questioned what we meant by the maximum extent feasible as far as recycling
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Carol Korade, City Attorney
Glenn Goepfert, Assistant Director of Public Works
Chad Mosley, Civil Engineer
From: Colin Jung, Senior Planner ,
Date: May 26, 2009
Subj: Review of Street/Retaining Wall Agreements for property on San Juan Road,
Property of Amy Cheng, APN 342-22-078
Amy Cheng purchased a hillside lot from Angelo and Marjorie Leber on San Juan Road,
APN 342-22-078, and subsequently obtained City planning approval to construct a single-
family residence on the property last year. See attached approval (Attachment 1), file no.
EXC-2008-14.
That approval required City Attorney review of the private agreements between Ms.
Cheng and the actual owner of the road, which fronts Ms. Cheng's property, Thomas &
Paula Hutton (see highlighted sections of Attachment 1) prior to issuance of the building
permit.
Ms. Cheng needs an ingress/egress easement across the Hutton -constructed Road, and in
turn, she must pay a pro -rata share of the road construction costs and enter into a
maintenance agreement for the road and abutting retaining wall. There is also a side issue
of determining the adequacy of the roadway storm drainage improvements to
accommodate her storm flows.
Public Works is lead on these agreements, but I won't sign off on the building permit
until the written agreements are satisfactory to yourself and Public Works.
The building permit applicant, Amy Cheng, submitted the attached documents for Road/
Retaining Wall Maintenance Agreement (Attachment #2) and Road Improvement
Contribution -and Reimbursement Agreement (Attachment #3). Both look like the
original documents and I think an addendum to each is needed to address Ms. Cheng's
individual situation.
Thanks for your consultation.
ROAD/RETAINING WALL MAINTENANCE AGREEMENT
f a
This ROAD/RETAINING WALL MAINTENANCE AGREEMENT is made this 17day
of February, 1995 by the undersigned.
WHEREAS, the undersigned are owners of certain parcels of land along a private road
commonly known as San Juan Road,, in the City.of Cupertino, State of California; and
WHEREAS, the undersigned each desire to enter into a mutual maintenance agreement
to provide for how the maintenance of a private road shall be borne by the undersigned, for the
mutual benefit of the parcels identified herein;
NOW, THEREFORE, the undersigned agree for themselves and their respective assigns
and successors in title, that each of their parcels of real property identified herein shall be held,
transferred, encumbered, used, sold, conveyed, leased, and occupied, subject to the terms
hereinafter set forth, expressly and exclusively for the use and benefit of said parcels and of each
and every person or entity who now or in the future owns any portion or portions of said
parcels.
DEFINITION OF SECTIONS
The term "Private Road" shall refer to that certain private road commonly known to be
part of San Juan Road, Cupertino, Santa Clara County, California.
For purposes of allocating costs of maintenance and repair under this Road/Retaining
Wall Maintenance Agreement, the Private Road shall be divided into two (2) sections.
The term "Section 2" shall refer to that part of the Private Road starting at the mail boxes
and ending at the start of the driveway into parcels 342-22-095, and 342-22-095, consisting of
approximately 300 linear feet.
The term "Section 3" shall refer to that part of the Private Road starting at the start of
the driveway into parcels 342-22-09 -2 -09b and ending at the last point such Private
ve
hes narcel 342-21-25, cons g ro ' yWORN)
Ev
MAY 0 7 2009
Should the owners involved not be able to unanimously agree as to which section a
portion of the Private Road is in, such dispute shall be decided by the licensed contractor who
performs the work of repair on that portion of the Private Road.
The term "Retaining Wall" shall refer to that certain retaining wall (now constructed
with wood) which runs along the left (high) side of the Private Road the entire length of Section
2 and a portion of Section 3.
RESPONSIBILITY FOR MAINTENANCE
The owners of the following parcels shall be responsible for all of the costs of any
materials and labor used to repair and maintain in a proper, substantial and workmanlike
manner, Section 2 of the Private Road and the retaining wall located on the high side of the
road:
1. 342-21-85 whose current owner is
Charles Hammers
22763 San Juan Road
2. 342-22-095 whose current owner is
Lotus Development & Construction Corporation
22777 San Juan Road
3. 342-22-096 whose current owners are
Rita and Bobby Bell
22801 San Juan Road
4. 342-21-23/24/25 whose current owner is
the Paviso Family Trusts
22820 San Juan Road
5. 342-22-78 whose current owners are
Amy Cheng
San Juan Road
6. 342-22-77 whose current owner is
Mary Chicchiani
San Juan Road
7. 342-21-20 whose current owner is
Marianist Providence of the Pacific
22825 San Juan Road
8. 342-21-30 whose current owners are
Dr. and Mrs. Cary Queen
22830 San Juan Road
(house actually located on San Jacinto Road)
2
9. 342-21-028 whose current owner is
Laura J. Bianchi --
San Jacinto Road
10. 342-21-029 whose current owner is
Leo J. Bianchi
San Jacinto Road
The owners of the parcels listed above as number 4 (Paviso), number 5 (Leber), number
6 (Chicchiani), number 7 (Marianist), number 8 (Queen), number 9 (Bianchi), and number 10
(Bianchi) shall be responsible for all of the costs of any materials and labor used to repair and
maintain in a proper, substantial and workmanlike manner, Section 3 of the Private Road and
the retaining wall located on the high side of the road. (Note: Section 2 and 3 of the private
road was built by the Pavisos as a driveway to their house and a large portion of this
private road is the Pavisos' private property. A written easement will be granted to those
property owners of the parcels listed above as numbers 7, 8, 9 and 10 after each executes
this Maintenance Agreement. This Maintenance Agreement is only for Sections 2 and 3 of
the private road referred to as San Juan Road and as defined herein. This road ends at
the Paviso/Queen property line.
The parties understand that parcel numbers change from time to time. This agreement
shall incorporate any change in parcel numbers without any need to amend it.
Should any parcel be subdivided, the owner of each newly created parcel shall assume
the same responsibilities set forth in this agreement which the owner of the subdivided parcel
had, except that until that newly created parcel is developed, the obligation will be limited to
that of other owners of undeveloped parcels. (For purposes of this paragraph, parcels 342-21-
023/024/025 shall be treated as one parcel)
Except as otherwise. provided in this Agreement, each and every expense and obligation
incurred in the maintenance of the Private Road shall be assumed and paid for by the owners
of the parcels responsible for the applicable section of the Private Road and Retaining Wall.
Nothing in this Agreement shall prevent an owner of an involved parcel from seeking
reimbursement from any person who may have damaged the Private Road and/or Retaining Wall
intentionally or negligently.
Nothing in this Agreement shall prevent any owner of an involved parcel from seeking
reimbursement from any person who has not signed this Agreement for any expense incurred,
anticipated or otherwise, related to the maintenance of the private road.
3
EXTENT OF RESPONSIBILITY OF MAINTENANCE
Except as provided below, as to each applicable Section, the owners of undeveloped
parcels shall be responsible to pay toward the expense and obligation, the sum of $50 per year
as to Section 2 and $50 per year as to Section 3. Should less than the full amount be needed
in any year, the unneeded portion shall accumulate. The owners of each of the. developed
parcels shall pay an equal share of the rest and remainder of the expensesee oft h blparag igation, there
being as many shares as there are then developed parcels. (F purposes
as
long as parcels 342-21-023/024/025 contain only one single family residence, they shall be
treated as one parcel)
Any repairs needed to be made to the Private Road as a result of damage caused to the
Private Road by the negligence of any owner of a parcel which is subject to this Agreement,
including but not limited to the failure to maintain the integrate of any slope or wall, by the
negligence of an invited guest or visitor to a parcel which is subject to this Agreement, or by
construction vehicles, whether or not by negligence, involved in the improvement of a parcel
which is subject to this Agreement, shall be the sole responsibility of the owner(s) of that parcel.
Should the owners involved not be able to unanimously agree as to the cause of damage
to the Private Road, and the cost to repair such damage is less than $5,000, such dispute shall
be decided by the licensed contractor who performs the work of repair on the damaged portion
of the Private Road. Should the cost of repair exceed $5,000, and the owners involved not be
able to agree, any involved owner shall have the right to file suit in a court of competent
jurisdiction to resolve the dispute as to cause and otherwise enforce this Agreement.
If one-third, or more, of the owners responsible for a Section believe that maintenance
of that Section of the Private Road is necessary, a vote shall be taken with the owners being
entitled to one vote per developed parcel.
DECISIONS ON MAINTENANCE
Should the owners involved not be able to unanimously agree as to the need for
maintenance to the Private Road, and the total cost of maintenance is less than, $2,000 as to
Section 2 or $2,000 as to Section 3, in that year, such dispute shall be decided by a majority of
the owners, each owner being entitled to one vote per developed parcel.
Should the owners involved not be able to unanimously agree as to the 000 sf to
to to the Private Road, and the total cost of maintenance is less than, $4,
Section 2 or $4,000 as to Section 3, in that year, such dispute shall be decided by two-thirds
(2/3rds) of the owners, each owner being entitled to one vote per developed parcel.
Should the total cost of repair exceed $4,000 as to Section 2 or $4,000 as to Section 3,
in any year, and the owners involved not be able to unanimously agree as to the need for
maintenance to the Private Road, any involved owner shall have the right to file suit in a court
of competent jurisdiction to resolve the dispute as to cause and otherwise enforce this
Agreement.
ENFORCEMENT OF AGREEMENT
This agreement is enforceable against the. owners of the parcels described herein, their
heirs and assigns, and the parcel they own. Every owner of a parcel shall be jointly and
severally liable for all expenses and obligations, allocatable to that owner's parcel, which are
incurred while he/she/it is an owner. In addition, an subsequent owner of a parcel shall, and
does, jointly and severally assume responsibility for all expenses and obligations allocatable to
that owner's parcel which were incurred prior to him/her/it becoming an owner.
Any .owner of a parcel described herein shall have the right to file suit, at law or in
equity, in a court of competent jurisdiction, against any person or persons violating or attempting
to violate any term herein, either to restrain violation or to recover damages, to record a notice
of pending action against the owners of the parcel(s), and the parcel itself, against whom relief
is sought, and to force the sale of such parcel(s) to satisfy any judgment obtained.
Should any party mentioned in this Agreement not sign this Agreement, that party shall
not be entitled to make any claim under this Agreement, enforce this Agreement or use this
Agreement in any way. This Agreement is the product of negotiation and is intended to only
benefit the parties who sign it.
Neither the City of Cupertino, or any other governmental entity, is intended to be a
beneficiary of this Agreement and nothing in this Agreement is intended to benefit the City of
Cupertino, or any other governmental entity, or to relieve the City of Cupertino, or any other
governmental entity, of any responsibility or liability whatsoever.
PARKING
No portion of the Private Road shall be used for parking. "No Parking" signs shall be
installed and maintained.
NUISANCES
No noxious or offensive activity shall be carried on upon the Private Road, nor shall
anything be done thereon which may be or may become an annoyance or nuisance to the
neighborhood.
LEGAL REPRESENTATION AND FEES
This Agreement has been prepared by JACKSON, BROWN & EFTING, as legal counsel
for the Paviso family. The parties to this Agreement acknowledge and agree that JACKSON,
BROWN & EFTING does not represent any other party to this Agreement. ALL PARTIES
TO THIS AGREEMENT HAVE BEEN INFORMED THAT THEY MAY, AND SHOULD,
SEEK THE ADVICE OF INDEPENDENT COUNSEL PRIOR TO SIGNING THIS
AGREEMENT. At such time as a major repair is needed for the private road, the Paviso
family shall be reimbursed for the cost of having this Agreement prepared, up to a maximum
of $2,000, upon proper proof of such expense.
5
SEVERABILITY
Invalidation of any one of the terms of this Agreement, by judgment or court order shall
not affect any of the other provisions which shall remain in full force and effect. --
IN WITNESS WHEREOF, the undersigned have executed this ROAD/RETAINING
WALL AGREEMENT the day and year written next to the undersign's name.
Y
1 /�// y, � 9 1--771&7
MICHAEL W. CORBETT )
N COMM. #1742654
NOTARY PUBLIC • CALIFORNIA Ch
ALAMEDA COUNTY
• Commission Expires April 25, 2011 I)
CJPe Gjuatj)
ALL SIGNATURES MUST BE ACKNOWLEDGED BY A NOTARY
Cl
Cn�IFORNIA ALL -PUKE OSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of L AIS 6
On M J 1 before me,
personally appeared
W, (041't hb Aly yu b,
(Here insert name Ind title of the o cer)
who proved to Ire on the basis of satisfactory evidence to be the person(s) whose name(sIs e subscribed to
the within instrument and ackno4yledged to me that heh they executed the same in his7otheir authorized
capacity(ies), and that by hisCerAheir signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
MICHAEL W. CORBETT ^
COMM. #1742654 LA
NOTARY PUBLIC • CALIFORNIA
ALAMEDA COUNTY
Commission Expires April 25, 2011
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
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Individual (s)
❑
Corporate Officer
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
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Additional information is not required but could help to ensure this
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W
EXHIBIT A
(List of current owners, with parcel numbers)
A.P.N.
Owners
342-21-085
Charles Hammers
22763 San Juan Road
342-22-095
Lotus Development &
Construction Corporation
22777 San Juan Road
342-22-096
Bobby G. & Rita R. Bell
22801 San Juan Road
342-21-023/024/025
Paviso Family Trusts
22820 San Juan Road
342-22-077
Mary Chicchini
342-22-078
Amy Cheng
342-21-020
Marianist Providence of the Pacific
22825 San Juan Road
342-31-030
Dr. and Mrs. Cary Queen
22830 San Juan Road
342-21-028
Laura J. Bianchi
20731 Carniel Avenue
Saratoga, CA 95070
342-21-029
Leo J. Bianchi
20731 Carniel Avenue
Saratoga, CA 95070
7
RECEIVED
To: Planning Department, City of Cupertino 0 C T 0 8 2009
Attn: Colin Jung BY.
From: Tom Hutton — 22820 San Juan Road
Proposed revisions/additions to the Road Reimbursement and Road Maintenance
agreements with Amy Cheng
1. Remove the phrase ...
'A non-exclusive utility easement for the extension and installation of public utility services upon,
across, under and/or above the Hutton property to the Cheng property.'
2. If at some point we accept the easement description provided by Exhibit A in the City's Grant
of Easement for Roadway Purposes, then Exhibit A should be included in the addendum.
3. The 'non-exclusive' language is too vague. A defined easement for all of the utilities must be
supplied by Chen. This would be in the form of working drawings of the exact location of the
utilities. The location of the water line is especially important as it may need to run the entire
length of Hutton's road. The plans must indicate where the water line will be run with respect to
the many existing utilities that are embedded in the roadway.
4. Trenching in the roadway will be required for all of the utilities. A specification must be
included for the construction and the compacting of the trenches to general engineering
standards for roadways. When all construction has been completed, a slurry coat must be
provided across the entire roadway where any trenches are required so that the trenching is not
visible. Nelsen Engineering has proposed running the water line partially in sloped soil
adjacent to the roadway. While we had considered this, we take exception to his proposal.
Utilities must be accessed within the roadway and not in any adjacent soil to protect the hillside.
5. Cheng's project will require heavy construction equipment. Any damage to the roadway due
to construction activities must be repaired by Cheng. (Documentation of the current state of the
roadway will be needed.)
6 Some means must be secured for Cheng to indemnify the three parties for damages to the
road. This could be of the form of an escrow account or a bond to the City.
7. Any damages to existing utilities in the process of construction will be the responsibility of
Cheng to promptly repair.
8. Construction activities will not block access to the roadway for traffic on Construction crews
may not use the parking areas of the Legionaires or Hutton's property for any purpose.
Tom Hutton
C
OD
W �
r
ROAD IMPROVEMENT CONTRIBUTION
'AND REIMBURSEMENT AGREEMENT
PARTIES
A. This Agreement is entered into by and between:
(1) Thomas and Paula Hutton ("Hutton"), owners of that
real property commonly known as 22820 San Juan Rd.., Cupertino,
CA. (APN 342-21-023/024/025);
(2) Cary Queen ("Queen"), owner of that real property
commonly known as 22830 San Juan Rd.., Cupertino, CA. (APN
342-31-030); and,
(3) Marianist Providence of the Pacific ("Marianist"),
owner of that real property commonly known as 22825 San Juan
Rd.., Cupertino, CA. (APN 342-21-020/069).
B. This Agreement is also entered into between:
Thomas and Paula Hutton and The City of Cupertino ("City"),
a Municipal Corporation of the State of California, for the
purpose of providing for the construction of a private roadway on
the Hutton property and in consideration for Hutton's
obligations, the City covenants and agrees and gives those
assurances set forth in Article 5 to assist Hutton in that
ard.
8y. qY 09 91
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7�
9
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RECITALS
WHEREAS, This Agreement relates to that part of the private
roadway commonly known as San Juan Road, in the City of
Cupertino, State of California, which is located on the land of
Hutton (the "Road").
WHEREAS, The City requires that a commitment be made that
the Road be improved to meet the minimum City standards for a
Private Road as a condition of approving building permits for the
parties and other property owners who may rightfully use the Road
in the future; The City has requested the parties contribute to
the cost of the Road improvement and supported the idea that
property owners who rightfully use the Road in the future will
contribute to or reimburse the parties their proportionate share
of the Road improvement cost. In this connection the City has
issued a permit to Marianist for the Villa St. Joseph renovation
and Marianist has posted as security for its share of the Road
improvement cost, a certificate of deposit for $53,000,
representing its estimated proportionate share.
WHEREAS, The purpose of this Agreement is to allocate the
Road improvement and related expenses between the property owners
that are parties to this Agreement and establish rights for
reimbursement from other property owners not parties to this
agreement who have a legal right to use the Road;
WHEREAS, Hutton or Hutton's predecessor's in interest have
previously granted non-exclusive easement rights to Queen and
Marianist for ingress and egress and/or access on that portion
of San Juan Road on Hutton's property. The parties do not intend
by this agreement to modify or supersede such easement/access
agreements;
WHEREAS, The parties hereto or their predecessors in
interest, with the exception of the City, have entered a
Road/Retaining Wall Maintenance Agreement dated February 17,
1995. With the exception of including APN 342-22-030 and APN 342-
33-031 to the Maintenance Agreement, the parties do not intend to
modify or supersede said agreement by entering into this
Agreement;
WHEREAS, The property owners that are party to this
Agreement use the Road with Hutton and Queen using said Road
solely as primary access to their properties and Marianist using
such Road as a primary access to the Provincilate and as a
secondary access to the Infirmary. This Agreement is not intended
-2-
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uoT4e3OT aqs 'K -4TgTuxH se ogaaaq pauoe-.-4e ueTd panoaddp aqq aad
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'aaPTnogs ,E e ggTM ,OZ Jo glPTM e 04 peoa aq4 ,To buTuaPTM
buTpnTouT) squawaAoadwi 4aaa4s 8q4 TTe4suT TTpgs uoggnH
: ssHHHanOxdriz saaxss ' T
•sTPgToa,d buTobaao; aqq go Aoeanooe aqq uiaT;uoo saTlaed aqs
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:peOE aqq 04 JO UT s4g6Ta aag4O ao 4u9uiase8 as;uoO 04
forth in (1) through (3), all of which are herein referred to as
"Street Improvement Costs").
It is further understood and agreed that the cost of the
Street Improvement as set forth on Exhibit A-1 are estimates only
and that the actual costs of construction may be more or less
than set forth. The parties agree to pay the actual costs and
contribute their proportionate share once actual construction
costs are determined.
B. CONTRIBUTION:
The total Street Improvement Cost shall initially be born by
the parties as follows:
MUTTON: 1/3
QUEEN: 1/3
MARIANIST: 1/3
C. 14,NNER OF PAYMENT:
The parties shall not be required to contribute to the Street
Improvement Account until an itemized statement is prepared by
and attested to by a Registered Civil Engineer establishing the
total costs of the required street improvement . Thereafter,
the parties shall contribute their share of the estimated Street
Improvement Cost (consisting of the actual estimated cost of the
street improvement plus a 10% contingency) within 30 days of
written request provided such request is made not earlier than 6C
days prior to the commencement of the Street Improvement as
reasonably determined by Hutton, in Hutton's sole discretion and
as otherwise provided herein. Additional costs shall be
contributed within 30 days of request as and when such costs are
determined.
All payments shall be due within 20 days of request by
Mutton.
Marianist agrees to transfer funds from its Certificate of
Deposit established for the purpose directly to the Street
Improvement Account.
Queen agrees to deposit his share of the Street Improvement
Costs upon request as set forth above, or upon and as a condition
of issuance of a building permit from the City of Cupertino,
whichever is earlier.
-4-
D. STREET IMPROVEMENT ACCOUNT:
Payment shall be made into a separate account established
for that purpose (the "Street Improvement Account "). Such
account may be established as an interest bearing account.
Hutton shall have signing authority on such account and all
withdrawals shall be used exclusively for Street Improvement
Costs . Any party may request an accounting upon reasonable
notice.
Any draw from the Street Improvement Account shall be made
only after the request for payment has been certified by the
Registered Civil Engineer attesting to the fact that the
improvement(s) have been installed in the quantity billed, and
are in conformance with the plans and specifications approved by
the City.
3. HOLD HARMLESS AND INDEMNIFICATION:
Queen and Marianist and any later signatory to this
agreement, agree to release and hold harmless Hutton from and
against any claim, damage or liability arising out of or
resulting from their use of the Road or use by any agent,
employee, invitee or guest, including any Contractor.
Furthermore, such parties agree to release and hold harmless
Hutton for any claims or damages resulting from the construction
of the Street improvement including, without limitation, the
blockage of the Road or failure to access their properties. The
provision specifically does not apply to the City.
4. INDIVIDUAL RESPONSIBILITIES:
All parties agree:
(1) To be individually responsible for road repair and
related costs and expenses for damage to the Road resulting from
or caused by themselves, their agents or employees including
without limitation, any damage caused by heavy construction
equipment used in connection with their own construction projects
or improvements on their own property. This obligation shall
extend to any damage that increases the cost of the road
improvement contemplated by this Agreement. The parties shall
require their own contractors to post a bond in an appropriate
amount to cover any damage to the Road.
-5-
(2) Hutton agrees to provide an accounting of the Street
Improvement Costs within a reasonable time of request.
(3) Hutton agrees to complete the Street Improvement
within one (1) year following contribution by Queen and Hutton to
the Street Improvement Cost as provided herein.
(4) Hutton agrees to promptly reimburse Queen and
Marianist or other property owners making payment to the Street
Improvement Account or directly to Hutton, their proportionate
share of any funds received pursuant to the Reimbursement
provisions of this agreement (Paragraph 6). This provision does
not impose any affirmative obligation on Hutton to pursue
reimbursement of Street Improvement costs from other property
owners.
5. CITY AGREEMENTS:
The City of Cupertino covenants and agrees as follows:
(1) To cooperate to effect .the intentions of this
Agreement.
(2) That, upon completion of the Street Improvement per
the approved plan, it does not intend to change the character of
the Road to anything other than a Private Road.
(3) To use its reasonable and good faith efforts to
require compliance with: (1) this Agreement, including the
payment of Street Improvement Costs; and, (2) the February 1995
Road/Retaining Wall Maintenance Agreement (attached hereto as
Exhibit D), by property owners not parties to this Agreement, who
seek to improve their properties by withholding the issuance of
building permits until such costs are paid. Such efforts shall
include, without limitation, sending a letter, substantially the
same as that attached hereto as Exhibit C, to such property
owners putting them on notice of the existence and requirements
of this Agreement, and the Road/Retaining Wall Maintenance
Agreement.
(4) To maintain a copy of this Agreement, including all
Exhibits, on file.
(5) To require property owners not parties to this
Agreement to sign or be bound by the Road/Retaining Wall
Maintenance Agreement dated 2-17-95, which is attached hereto as
Exhibit D.
-6-
(6) To provide Plan Checking and inspection.
(7) The City warrants that it has obtained a commitment
from Marianist to contribute 1/3 of the cost of the Street
Improvement and has required the posting of a $53,000 certificate
of deposit for that purpose.
(8) The City represents that the apportionment of the
Street Improvement Cost as provided herein is consistent with its
established standards or policies with respect to contribution
for Public Streets.
6. RE IMBURSEMENT :
Except the parties to this agreement (Marianist , Queen &
Hutton), each property owner rightfully using the Road (by virtue
of a an easement recorded against the Hutton property or other
legally recognized document) now or in the future shall
reimburse Hutton or pay into the Street Improvement Account, as
appropriate, their proportional share of the total Street
Improvement Cost plus interest as defined and provided herein.
Such payment shall be made upon their being granted a building
permit by the City of Cupertino. This provision shall apply to
property owners including but not limited to those listed on
Exhibit B attached hereto and incorporated herein by reference.
The amount payable by each property owner shall be as set
forth on Exhibit B. With respect to the properties listed in
section 2., 3., and 4. of Exhibit B, each owner of the properties
identified who seek a building or other permit from the City
shall contribute and shall be required to contribute their share
of Street Improvement Costs of that category section 2., 3. or 4.
(Such would be payable to Hutton as reimbursement for the initial
Street Improvement Cost. Hutton would then reimburse all initial
contributors (Marianist, Queen and Hutton) proportionately.
7. INTEREST:
Any amounts due or payable hereunder shall accrue interest
at the rate of seven (7%) percent per annum, compounded annually,
from the date of completion of the Street Improvement until paid.
8. TRANSFERRED RIGHTS
The improvements to the existing "Road", which are the
subject of this Agreement, will cause additional sections of the
improved "Road" to extend beyond the boundaries of the above
-7-
described easements previously granted by the Huttons or their
predecessor's in interest to Queen and Marianist.
By way of this Agreement, Hutton acknowledges this fact and
grants each easement holder the same rights of use over the `"new"
Road as he/she had with respect to the "old" Road.
9. BINDING EFFECT:
This agreement and the covenants and conditions herein
contained shall be binding upon the parties hereto and shall bind
and inure to the benefit of the personal representatives,
successors, heirs, and assigns of the parties.
lo. ATTORNEY FEES:
The prevailing party in any action brought to enforce the
terms of this Agreement, or arising out of this Agreement , may
recover reasonable costs and attorney fees incurred in connection
with such action.
11. COUNTERPARTS:
This Agreement may be executed and delivered in
counterparts.
12. SEVERABILITY:
If any term, provision, covenant, or condition of this
Agreement is help by a court of competent jurisdiction to be
invalid, void, or unenforceable, the rest of this Agreement shall
remain in full force and effect, and shall be in no way affected,
impaired, or invalidated.
13. RECORDING:
Hutton may record a copy of this agreement with
the County Recorder's Office,
IN WITNESS WHEREOF, the parties have executed this Agreement
the day and year written next to the undersign's name.
Amy Cheng
---------- -----
((c l MICHAEL W. CORBETT
COMM. #1742654
NOTARY PUBLIC e CALIFORNIA
ALAMEDA COUNTY
l�( _ Commission Expires April 25 2011 Ii✓
Dated:
c,ye, 4c,)W)
ALL SIGNATURES MUST BE ACKNOWLEDGED BY A NOTARY
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of 4LAA1__-fih
On 09 before me,
personally appeared
&������
(Here insert name and title of the
CffrN6
d AC
who proved to me on the basis of satisfactory evidence to be the person(s) whose names1 fare subscribed to
the within instrument and acknowledged to me that he/6'i /they executed the same in lus�/their authorized
capacity(ies), and that by his&/their signature(s) on the instrurnent the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
MICHAEL W. CORBETT
COMM. #1742654
21
WITNESS m hand and official seal. _ NOTARY MEDA •CALIFORNIA
Y ALAMEDA COUNTY
Commission Expires April 25, 2011
t (Notary Seal)
Signature of Notary Public
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIN ED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Arry acknowledgment completed in California must contain Verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as stay be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. terrifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate tate correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they— is /are) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover teat or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
1)
2)
3)
4)
5)
EXHIBIT A-1
Nelson Engineering cost estimate for project:
Nelson Engineering cost for engineering:
Estimated cost of City Construction permits:
Plan check and inspection (5% of permit):
Attorney Fees:
-10-
$133,186.10
5,900.00
6,500.00
325.00
10,000.00
EXHIBIT B
PROPERTY OWNERS SHARE OF ROAD IMPROVEMENT COST
APN/ADDRESS
(Category 1: 50%)
NAME
SHARE
1. Parties to this agreement shall bear equally the total cost
of the Street improvement but will be entitled to reimbursement
so that their ultimate responsibility is as follows: 50% of the
Street Improvement Cost with each responsible for 1/3.
Each party to be responsible for 1/3 of the full cost
initially.
342-21-69 Marianist Providence ($53,000 CD set
22825 San Juan Rd.. as estimate)
342-21-30 Dr. Cary Queen
22830 San Juan Rd..
342-21-023,024,025 Thomas & Paula Hutton
22820 San Juan Rd..
(Category 2: 20% total: 1/3 of 20% each)
2. Three property owners to divide 676 to 700 lineal feet on
San Juan Rd.. by (3). (No easements or need for easements.)
Formula: These property owners are responsible to reimburse a
percentage of the total represented by '� of the total lineal feet
that lots 85 and 31 border San Juan Road bear to the total feet
of that private section bf San Juan Road located on Hutton's
property. By way of example, if lots 85 and 31 total 420 lineal
feet and the private road improvement section totals 700 feet,
the 3 property owners would bear in equal shares '-� x 420/700 or
30%. For purposes of this formula flag lot 030 is treated on
equal footing with the other two lots.
APN 342-22-030
APN 342-22-031
22765 Cordova Rd..
Preston
Huang
APN 342-22-085 Butler
22763 San Juan Rd.. (formerly Hammers)
-11-
6.666% of Total
Approx. 90'
$18,000
6.666% of Total
(Category 3: 20%)
3. Either property requiring a permit shall be chargeable with
the entire amount in this category.
APN 342-22-095 Ho
22777 San Juan Rd..
APN 342-22-096 Ho
22801 San Juan Rd..
(Category 4: 100
4. The property owners will be chargeable with their
proportionate percentage 50% as to each.
APN 342-22-077 Derek Fluker ' 5% of Total
5720 Drysdale Ct.,
San Jose, CA. 95124
APN 342-22-078 Angelo Marjorie Leber 5% of Total
1073 Harlan DR..,
San Jose, CA 95129
Laura Bianchi APN 342 21 028; Leo Bianchi APN 342-21-029 and
others shall be responsible for their proportionate share of the
use in the event they acquire easement rights.
-12-
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Carol Korade, City Attorney
Glenn Goepfert, Assistant Director of Public Works
Chad Mosley, Civil Engineer
From: Colin Jung, Senior Planner
Date: July 13, 2009
Subj: Review of Street/Retaining Wall Agreements for property on San Juan Road,
Property of Amy Cheng, APN 342-22-078
Amy Cheng purchased a hillside lot from Angelo and Marjorie Leber on San Juan Road,
APN 342-22-078, and subsequently obtained City planning approval to construct a single-
family residence on the property last year. You last review the plans around May 26,
2009.
Ms. Cheng has since hired an attorney that drafted the enclosed agreements for road
improvement reimbursement and road/retaining wall maintenance. Please review these
draft agreements. It is missing a grant of ingress/egress easement benefitting Ms. Cheng
and I have already notified Amy Cheng and her attorney about the omission.
Thanks for your consultation.
C
Ove e a� Cr�� � I �`� �-S �2� � M� tJ� ��%w�''".'+ �ln►�^s� v�A ,
Recording Requested by, )
And when recorded mail to: )
DORON OHEL, ESQ. )
203070 TOWN CENTER LANE )
SUITE 100 )
CUPERTINO, CA 95014 )
ADDENDUM TO ROAD IMPROVEMENT
CONTRIBUTION AND REIMBURSEMENT
AGREEMENT
This Addendum To Road Improvement Contribution And Reimbursement
Agreement ("Agreement") is made this day of July, 2009 by the undersigned.
WHEREAS, the undersigned are owners of certain parcels of land along a private
road commonly known as San Juan Road, in the City of Cupertino, State of California;
WHEREAS, on or about , Thomas and Paula Hutton
("Hutton"), owners of certain real property commonly known as 22820 San Juan Road,
Cupertino, CA, Assessor Parcel Number (APN) 342-21-023/024/025, Cary Queen
("Queen"), owner of certain real property known as 22830 San Juan Road, Cupertino, CA
APN 342-31-030, and Marianist Providence of the Pacific ("Marianist"), owner of certain
real property known as 22825 San Juan Road, Cupertino, CA APN 342-21-020/069
entered into the Agreement.
WHEREAS, the stated purpose of the Agreement was to allocate the road
improvement and related expenses between the property owners that were parties to the
Agreement and to establish rights for reimbursement from other owners not parties
to the Agreement who have a legal right to use San Juan Road.
WHEREAS, the Agreement specifically identified the then non-party owners of
APN 342-22-078 as Angelo and Marjorie Leber, and specifically and expressly set forth
the agreed to pro -rata share of the road improvement costs as 5% of the total cost [Exhibit
B to Agreement, Category 4.]
,WHEREAS, Amy Cheng purchased APN 342-22-078 from Marjorie and Angelo
Leber, and has obtained planning approval from the City of Cupertino to construct a
single family residence on the subject parcel;
WHEREAS, Amy Cheng desires to substitute herself for the Lebers and assume
the obligation as the new owner of APN 342-22-078 to pay the agreed pro -rata share of
5% of the total costs of improvement of San Juan Road as set forth in the Agreement.
NOW, THEREFORE, the undersigned agree for themselves and their respective
assigns and successors in title, that Amy Cheng` s total obligation for her proportional
share of the initial street improvement cost shall be 5% of the total cost or ($
Amy Cheng shall pay the full amount to Ihomas and.Paula
Hutton by way of a cashier's check, who in turn shall reimburse all initial contributors
according to the terms of the Agreement, to wit: Marianist %; Queen % ;
Hutton %.
IN WITNESS WHEREOF, the undersigned have executed this ADDENDUM TO
ROAD IMPROVEMENT CONTRIBUTION AND REIMBURSEMENT AGREEMENT
the day and year written next to the undersign's name.
AMY CHENG
HUTTON
By
QUEEN
By
CARY QUEEN
MARIANIST
By
Dated:
Dated:
Dated:
Dated:
•
Recording Requested by, )
And when recorded mail to: )
DORON OHEL, ESQ. )
203070 TOWN CENTER LANE )
SUITE 100 )
CUPERTINO, CA 95014 )
ADDENDUM TO ROAD/RETAINING
WALL MAINTENANCE AGREEMENT
This Addendum to the "Road/Retaining Wall Maintenance Agreement"
("Agreement'), which was recorded on November 9, 1995, in the Official Records of
Santa Clara County, Document # 13089732, is made this day of July, 2009 by the
undersigned.
WHEREAS, two of the original owners of one or more parcels situated along San
Juan Road designated in the Agreement were Marjorie and Angelo Leber, husband and
wife, the former owners of Santa Clara County Assessor Parcel Number (APN) 342-22-
078 on San Juan Road;
WHEREAS, Amy Cheng purchased APN 342-22-078 from Marjorie and Angelo
Leber, and, has obtained planning approval from the City of Cupertino to construct a
single family residence on the subject parcel;
WHEREAS, Amy Cheng desires to substitute herself for the Lebers as the owner
of APN 342-22-078 as designated in the Agreement and to assume the stated obligation,
and pay the designated pro -rata share, of the repair and maintenance of Section 2 and
Section 3 of San Juan Road as set forth in the Agreement [ See section entitled
"Responsibility For Maintenance];
NOW, THEREFORE, the undersigned agree for themselves and their respective
assigns and successors in title, that Amy Cheng shall be substituted for the Lebers as the
owner of APN 342-22-078 as designated in the Agreement, and that Amy Cheng shall be
deemed a party thereto and subject to all of its terms, covenants and conditions.
Furthermore, Amy Cheng specifically and expressly agrees for herself and her
respective assigns and successors in title, that APN 342-22-078 shall be held, transferred,
encumbered, used, sold, conveyed, leased, and occupied, subject to the terms set forth in
the Agreement, expressly and exclusively for the use and benefit of all parcels identified
therein, and of each and every person or entity who now or in the future owns any portion
or portions of said parcels.
-4
IN WITNESS WHEREOF, the undersigned have executed this ADDENDUM TO
ROAD/RETAINING WALL MAINTENANCE AGREEMENT the day and year written
next to the undersign's name.
Dated:
Dated:
Dated:
Dated: