02-056 Santa Clara County purchase of property rights (2 agreements){:. ~'~'.~t'il?MED 0. ?f,;~ -,~, ,~n~ent has
r.oi oecn compared with the
SANTA CLARA COUNTY L,,~.....::ECORDER
RECORDING REQUESTED BY:
City of Cupertino
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
Doc#~ 16377262
7/22/2082 208 PM
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
(SPA(:E ABOVE THIS LINE FOR RECORDER'S USE)
RIGHT-OF-V~~AY EASEMENT
STEVENS CANYON ROAD
~ riginal
For Fast Endorsement
When recorded, return to: .
County of Santa Clara
Parks & Recreation Department
298 Garden Hill Drive
Los Gatos, CA 95032
Record without fee under Section 6103 Callfomia Government Code
Park: Stevens Creek
RIGHT-OF-WAY EASEMENT Project: Stevens Canyon Road
APN: 351-21-9
COUNTY OF SANTA CLARA, a political subdivision of the State of California, (COUNTY)
grants to
CITY OF CUPERTINO, a municipal corporation (CITY)
An easement for public roadway with the right to construct, repair, operate, and maintain all public
utilities and improvements necessary for the public :safety, welfare, and convenience on all that real
property in the County of Santa Clara, State of California, described on the attached Exhibits A-1
and A-2, under the following conditions:
1. Indemnity -CITY shall indemnify, defend and hold harmless the COUNTY, its officers, agents and
employees from any claim, liability, loss, injury or damage arising out of the exercise of this
Easement by CITY, its agents, employees, or sut~contractors. CITY shall reimburse the COUNTY
for all costs, attorneys' fees, expenses and liabilities incurred in any litigation arising out of
CITY's exercise of this easement. Excepted front this indemnity are losses, injuries or damage
caused by the acts or omissions of the COUNTY.
2. Reversion - If the easement area described in E~:hibitsA-1 and A-2 is not used for roadway
purposes for a consecutive twelve month period, and such use is not resumed within thirty days
after COUNTY's written notice to CITY, then CITI' shall extinguish this Easement by executing
such documents as are reasonably necessary to accomplish the same, and COUNTY shall
thereafter own the property free and clear of amp such easement. When COUNTY receives CITY's
document that clears this easement; COUNTY shat reimburse CITY t $600 purchase price
within 45 days.
Dated: ~UN ~ ~ ~~02 __1~
Donald F.. Gage Chairpers
State of California )
County of Santa Clara ) ss.
On ~~~ '~'~. , 2002, before me, He~t~-. ~1^t1~-G s~ QI~S a Notary Public in and
for said State, personally appeared Donald F. Gacae who proved to me on the asis of satisfactory evidence to
be the person whose name is subscribed to this instrument, and acknowledged to me that he executed the
same in his capacity, and that by his signature on the instrument, the person or the entity upon behalf of which
the person acted executed the instrument.
HELEN IRENE SALYERS
1~ Comm. # 1194801 to
W ~ NOTARY PUBLIC • CALIFORNIA ~'
Santa Clara County ~
Notary Public qty Comm. Expires Aug. 19, 2002
~] ht-of-Way Easement -City of Cupertino - St. Canyon Road Page i of 4
RIGHT-OF-WAY EASEMENT
Exhibit A-1
Park: Stevens Creek
Project: Stevens Canyon Road
APN: 351-21-9
All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion
of the parcel as described in that certain deed to the County of Santa Clara recorded on January 10, 1966 in Book
7241 of Official Records at page 721, Santa Clara County Records, more particularly described as follows:
Commencing at a monument at Station 30+15.68, as shown along the monument line of Stevens Canyon Road on
that certain Record of Survey recorded on~~ 2001 in f3ook~74Zof Maps at pagesl3-2]~through, said county
records;
Thence along said monument line South 66°48' 16" West, 5-.88 feet;
Thence leaving said monument line, at right angles South 23°11'44" East, 20.50 feet to a point on the northerly
line of the above said parcel, said point being the TRUE POINT OF BEGINNING;
Thence along said northerly line, the following five(5) courses:
1) North 56° 19' 35" East, 14.84 feet;
2) North 24°51' 15" West, 0.57 feet;
3) North 71°54'54" East, 49.52 feet;
4) North 81°57'06" East, 49.61 feet;
5) South 87°28'22" East, 74.31 feet to the northeasterly ~:orner of said Parcel, also being the westerly corner of
the parcel described in the deed recorded on June 28, 2000 as Document No. 15294858, in the office of the
Recorder of Santa Clara County;
Thence along the line common to last said parcels South 58°41' 16" East, 15.10 feet;
Thence leaving said common line, North 83°54'56" West, 46.90 feet to the beginning of a curve to the left;
Thence along said curve having a radius of 279.50 feet, through a central angle of 29°16'49", for an arc length of
142.83 feet;
Thence South 66°48' 16" West, 9.88 feet , to the TRUE P~~INT OF BEGINNING;
Containing an area of 736 square feet, more or less.
A plat showing the above~escribed parcel is attached hezy;in and made a part hereof as Exhibit /~' 1'.
This description was prepared by me or under my direction in conformance with the Professional Land Surveyors
Act.
Billy 1~Iartin, LS 5797
License Expires 6/30/2C
K DOC
~ <,A N D S~
9`
~~ ~~
BILLY MARTIN x
* EXP.6/30J2004 ~
No. 5797
Q
~91F OF D AI~E~~
Dated:.4~6. I~'Z~/
Right-of-Way (Easement -City of Cupertino - St. Canyon Road Page 2 of 4
RIGHT-OF-WAY EASEMENT
Exhibit A-2
Park: Stevens Creek
Project: Stevens Canyon Road
APN: 351-21-9
<AlS~rl ~~I~il~~~l7
Cl~~ Jri low
_ ti STEVENS CA-NYON ROAD
ti~
STA 30+15.68 31+00
F- --~ .
h~ P0= _~ MONUMENT LINE ~ - ~_
~ ~3 i. C . ` ~ ~ `'
N~
~~ ~
~0 ~
/ `TPOB ROADWAY EASEMENT Cg ~
7;i6 sq. ft. t
7241 OR 721
COUNTY OF
SANTA CLARA
JTJJr' 1~ ~ .~J
~~~ 1~1J. l~~J%~~3
237 MAPS 9
BEA RING DISTANCE TABLE
LINE BEARING LENGTH
L1 S 66°48'16" W 9.88'
L2 S 23°11'44" E 20.50'
l3 N 56°19'35" E 14.84'
L4 N 24°51'15" W 0.57'
L5 N 71°54'54" E 49.52'
L6 N 81°57'06" E 49.61'
L7 S 87°28'22" E 74.31'
L8 S 58°41'16" E 15.10'
L9 N 83°54'56" W 46.90'
L10 S 66°48'16" W 9.88'
CURVE TABLE
CURVE RADIUS DELTA LE
C1 279.50' 29°16'49" 142.83'
TPOB - TRUE POINT OF BEGINNING
Subject ROADWAY EASEMENT
~~ Fes( 540 Price Avenue STEVENS CANYON ROAD, CUPERTiNO
coos~~r~~acMai~ccos RedwOOd City, CA 94063 Job No. 990204
650/482-6300 g W$ Dote 08 14 01Chkd. ML
650/482-6399 (FAX) y ~-
SHEET 1 OF 1
qs._...
{.~. ,
O
n
l~
1
LEGEND
-- - - - PROPERTY LINE
- - - EASEMENT LINE
- - - - - MONUMENT LINE
OR - OFFICIAL RECORDS
POB - POINT OF BEGINNING
NGTI-I
Right-of-Way Easement -City of Cupertino - St. Canyon Road Page 3 of 4
Project: Stevens Canyon Road
APN: 351-21-9
CERTIFICATE OF= ACCEPTANCE
CITY OF CUPERTINO
This Certificate of Acceptance is given to comply with Section 27281 of the
government Code.
This certifies that the interest in real property conveyed by the Right-of-Way
Easement dated May 7, 2002, from the County of Santa Clara to the City of
Cupertino, a government agency, is hereby accepted by order of the City Council on
April 15, 2002, and the Grantee consents to its recording by the City's duly
authorized officer.
Date: ~ /~ ~ /~°~
By: ~1
Administrative Clerk
City of Cupertino
Right-of-Way I=asement -City of Cupertino - St. Canyon Road Page 4 of 4
VERIFICATION
I have reviewed this Right-of--Way Easeme;nt and to the best of my knowledge, the
information contained herein is true and complete.
I verify under penalty of perjury under the laws of the State of California, that the
foregoing is true and correct.
Executed on the 9th day of July, 2002, at Cupertino, California.
~~~~~ • ~~~G~
Administrative Clerk
City of Cupertino
RECORDING REQUESTED BY:
City of Cupertino
WHEN RECORDED, MAIL TO:
City Clerk's Off ce
City of Cupertino
10300 Tone Avenue
Cupertino, CA 95014-3255
~ -~- ?=''f'~`.~~D. rOpY: This document has
' ~ ~ `"-' •'•`,~;~:~aX~ed v~~th the original.
~~!-'-i•1't'<1 CLAIZA COUNTY CLERK-RECORDER
Doc#~ 16377266
7/22/2002 212 PM
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
(SPA(:E ABOVE THIS LINE FOR RECORDER'S USE)
DRAINAGE EASEMENT
STEVENS CANYON ROAD
O riginal
For Fast Endorsement
When recorded, return to:
County of Santa Clara
Parks & Recreation Department
298 Garden Hill Drive
Los Gatos, CA 95032
Record without fee under Section 6103 Callfomla Government Code
DRAINAGE EASEMENT
Park: Stevens Creek
Project: Stevens Canyon Road
APN: 351-10-27
COUNTY OF SANTA CLARA, a political subdivision of the State of California, (COUNTY)
grants to
CITY OF CUPERTINO, a municipal corporation (CITY)
An easement for storm drainage on all that real property in the County of Santa Clara, State of
California, described on the attached Exhibits A-1 and A-2, under the following conditions:
1. Indemnity -CITY shall indemnify, defend and hold harmless the COUNTY, its officers, agents and
employees from any claim, liability, loss, injury or damage arising out of the exercise of this
Easement by CITYs agents, employees, or subcontractors. CITY shall reimburse the COUNTY for
all costs, attorneys' fees, expenses and liabilities incurred in any litigation arising out of CITY's
exercise of this easement. Excepted from this indemnity are losses, injuries or damage caused
by the acts or omissions of the COUNTY.
2. Reversion - If the easement area described in Ex:hibitsA-1 and A-2 is not used for Drainage
Easement for a consecutive twelve month period, and such use is not resumed within thirty days
after COUNTY'S written notice to CITY, then CITY' shall extinguish this Easement by executing
such documents as are reasonably necessary to accomplish the same, and COUNTY shall
thereafter own the property free and clear of an~f such easement. When COUNTY receives CITY'S
document that clears this easement; COUNTY shall reimburse CITY the $310 purchase price
within 45 days.
Dated: JUN Q 4 ?002 -
Donald F. Gage Chairp
State of California )
County of Santa Clara ) ss.
On ~~.! ~~, 2002, before me, f~6 G~/ -~i''G SGt! ~°KS a Notary Public in and
for said State, personally appeared Donald F. Gaae who piroved to me on t e basis of satisfactory evidence to
be the person whose name is subscribed to this instrument, and acknowledged to me that he executed the
same in his capacity, and that by his signature on the instrument, the person or the entity upon behalf of which
the person acted executed the instrument.
HELEN IRENE SALYERS~"
Comm.11194801 rn
~`~ N ~- NOTARY PUBLIC • CALIFORNIA ~,'
Notary Public ~ Santa Clara County
My Comm. Expires Aug. 29, 2002 `~
ORIGINAL
,grainage Easement-City of Cupertino-St. Canyon Road I~~~ of 4 ,
f (~ ~ n~~
Park: Stevens Creek
DRAINAGE EASEMENT .Project: Stevens Canyon Road
Exhibit A-1 APN: 351-10-27
All that real property situate in the City of Cupertinc~, County of Santa Clara, State of California,
being a portion of the parcel as described in that certain deed to the County of Santa Clara, recorded
on January 10, 1966 in Book 7241 of Official Records at Page 721, Santa Claza County Records,
more particulazly described as follows:
Commencing at a monument at Station 28+17.11 as shown along the monument line of Stevens
Creek Road on that certain Record of Survey recorded on o~_, 2001 in Book-142 of Maps at
Pages 2~' _ through ?~ ,said county records, being the beginning of a curve to the left from a
tangent that bears South 66°48' 16" West;
Thence southwesterly along said curve having a radius of 325.00 feet, through a central angle of
15°55' 11", for an arc length of 90.30 feet;
Thence leaving said monument line and curve along << radial line, South 39°06'55" East, 58.69 feet
to a point on the northwesterly line of the above described parcel, said point being the TRUE POINT
OF BEGINNING.
Thence leaving said northwesterly line, South 21°35' 1~5" West, 43.29 feet;
Thence South 85°23'47" West, 11.14 feet;
Thence North 21°35' 16" East, 33.79 feet to a point on said northwesterly line;
Thence along said northwesterly line, North 56°19'35" East, 17.55 feet to the TRUE POINT OF
BEGINNING.
Containing an area of 385 square feet, more or less.
A plat showing the above-described parcel is attached herein and made a part hereof as Exhibit A-~.
This description was prepared by me or under my direction in conformance with the Professional
Land Surveyors Act.
~J1ND
3 811.LY MARTIN ~~
~ QIP.6l~Q12004 ~~ .
No. 5797 Q
/~-~l °j ~l9jF DF CAI~~~~~` Dated: ~.o~ 2`; ~/
Billy Martin, I.S 5797
License Expires 6/30/2004
K
Drainzige Easement-City of Cupertino-St. Canyon Road Page 2 of 4
DRAINAGE EASEMENT
Exhibit A-2
Park: Stevens Creek
Project: Stevens Canyon Road
APN: 351-10-27
A8~~6;w/
P ~ B~ 5 6~ 5
•~i19a•
°
55 , 2a
D,, 5,
pO ~ ~ ~~N~ .25
4355 OR 292 K°3~ N~~MEN~Mp,P Z3
~ MR ~~42, Op•0
~ PE ~ ~ ~
N.~O
~ Gp.
~s s
~ s
~ ti ass
' ~ ~ `~
\~
~~~.
~~
COUNTY OF SANTA CLARA
4355 OR 292 ~,~ T.P.t~.B.
i
L3 Lt
i
LEGEND
•"~ ~-' ' n ~ ~ ~l
~v lY: r1; ~l
COUNTY OF SANTA CLARA
7241 OR 721
DRAINAGE EASEMENT ~ g~LLYfNARTIN °~
38:1 sq. ft. ''
~ IaP.6/30J20~ ~
_ No. 5797 Q,
- - -PROPERTY LINE
- EASEMENT LINE
-- -- -MONUMENT LINE
OR -OFFICIAL RECORDS
P.O.B. -POINT OF BEGINNING
T.P.O.B. -TRUE POINT OF BEGINNING
LINE TABLE
LINE BEARING LENGTH
L1 S 21°35'16" W 43.29'
L2 S 85°2347" W 11.14'
L3 N 21°35'16" E 33.79'
L4 N 56°19'35" E 17.55'
Subject DRAINAGE EASEMENT
540 Price Avenue STEVENS CANYON ROAD , CUPERT I NO
CA 9406:1
R
d Cit
d 990204
woo
y,
e Job No.
CON{~~71M•~..~.<<.: 650/482-6300 gy KT Date 09 20 O1 Chkd. ML
650/482-6399 (FAX) SHEET 1 OF 2
Drain~~ge Easement-City of Cupertino-St. Canyon Road Page 3 of 4
Project: Stevens Canyon Road
APN: 351-21-9
CERTIFICATE OF ACCEPTANCE
CITY OF CUIPERTINO
This Certificate of Acceptance is given to comply with Section 27281 of the
government Code.
This certifies that the interest in real F~roperty conveyed by the Drainage
Easement dated May 7, 2002, from the County of Santa Clara to the City of
Cupertino, a government agency, is hereby accepted by order of the City Council on
April 15, 2002, and the Grantee consents to its recording by the City's duly
authorized officer.
Date : ~ /~ ~ /~ ~
B ~~'l.~il/1 Q • ~
Y
Administrative Clerk
City of Cupertino
Drainac~e Easement-City of Cupertino-St. Canyon Road Page 4 of 4
VERIFICATION
I have reviewed this Drainage Easement and to the best of my knowledge, the
information contained herein is true and complete.
I verify under penalty of perjury under the laws of the State of California, that the
foregoing is true and correct.
Executed on the 9th day of July, 2002, at Cupertino, California.
~~~~~~~ ~ ~r~~~~
Administrative Clerk
City Clerk's Office, City of Cupertino
.f PARK: Stevens Creek
_~ PR07ECT: City of Cupertino -Stevens
Canyon Road Right-of-Way,
Construction & Restoration
AGREEMENT FOR PURCH~-SE OF PROPERTY RIGHTS
This is an Agreement between the COUNTY OF SANTA CLARA (COUNTY)
and the CITY OF CUPERTINO (CITY) for (~ITY's purchase of easements for right of
way and drainage and construction permit with conditions for the protection and
restoration of park property.
RECITALS
A. CITY will be widening Stevens Can~ron Road to enhance the safety of
pedestrians and bicyclists. The project includes widening the Stevens
Canyon right-of-way, construction Hof a retaining wall and drainage facility,
and restoration of parklands affectE~d by the construction (Project) as
shown on the attached Exhibit A, incorporated by reference.
B. State laws require that the use of COUNTY parklands for purposes other
than recreation and open space be replaced by equivalent land and facilities
serving the population of the surrendered area. By approval of this
Agreement, COUNTY finds that the proposed compensation and bicycle and
pedestrian improvements are substantially equal to the property rights the
COUNTY is to convey as part of this; Agreement and will be used generally
by the same persons who use the COUNTY park, according to Section 5404
(b) of the Public Resources Code. l~he property COUNTY conveys under this
Agreement is less than 10% of the total park area.
Therefore, it is agreed as follows:
1. PURCHASE AND SALE
CITY agrees to purchase from COUIVTY, and COUNTY agrees to sell to CITY,
the following real property:
736 s.f. Right-of-way easement described in Exhibit B.
385 s.f. drainage easement described in Exhibit C.
3044 s.f. construction and 8871 s.f. access permit described in Exhibit D.
The total purchase for the right-of-~~way, drainage easement and the
construction and access permit will be One Thousand Four Hundred and No/100
Dollars ($1,410.00). The right-of-way purchase price shall be Six Hundred and
No/100 Dollars ($600.00). The drainage easement purchase price shall be Three
Hundred Ten and No/100 Dollars ($310.00). The construction and access permit
fee will be $500.00.
In addition, CITY shall reimburse COUNTY Eighteen Thousand One Hundred
Forty-seven and No/100 ($18,147.00) for COUNTY's costs incurred in this
transaction for project engineering review and monitoring, administration and
processing of this Agreement and related documents.
2. TERM
The term of this Agreement shall be 180 days from the date both parties
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS - Pa .~t~~~,~z
execute the Agreement unless extended try mutual written agreement.
3. DELIVERY OF DOCUMENTS
COUNTY shall execute and deliver the Right=of-Way Easement, Drainage
Easement, and Construction & Access Permit (Documents) to the CITY when CITY
has delivered the total purchase price of ~>19,557.00 to the COUNTY.
CITY shall pay all costs of any recording fees incurred in this transaction.
4. LEASES OR OCCUPANCY OF PROPERTY
COUNTY warrants that there are no oral or written leases or rental
agreements affecting any portion of the Property. COUNTY agrees to hold CITY
harmless from any costs, liability, loss, d~~mage, expense or costs for legal
services arising from any such lease or rental agreement of the Property.
It is understood that the provisions of this paragraph shall survive the
recording of any easements.
5. SELLER'S REPRESENTATIONS AI'~D WARRANTIES
COUNTY represents and warrants to CITY that on the date this Agreement
is fully executed and at close of escrow the following conditions apply:
a. Authority -COUNTY has the full right, power and authority to enter into
this Agreement and to perform the 1transactions contained in it.
b. Good Title -COUNTY has and sh~atl have at transfer of title good,
marketable and indefeasible fee simple title to the Property. Such title
shall be free and clear of all liens and encumbrances.
6. HAZARDOUS MATERIALS
COUNTY warrants and represents thiat it has disclosed to CITY in writing all
the information it has on the prior or exisl:ing presence, storage, disposal or
release of any hazardous substances on tl~e property. CITY shall be responsible
for the removal of any hazardous substances on the Property according to
applicable local, state or federal law.
7. CONSTRUCTION & ACCESS PERNIIT
Permission is granted to CITY and its authorized agents and contractors to
enter on COUNTY's land under the Construction & Access Permit attached as
Exhibit D and incorporated by reference and the conditions listed below:
a. Landscape Plans. Before CITI~' starts any construction using
parklands, CITY shall submit landsc<~ping plans for the COUNTY property
next to the proposed retaining wall Ito COUNTY for review and approval.
COUNTY shall have 15 days to review and comment on the plans. CITY
may not proceed with construction on COUNTY parklands without
COUNTY's approval of the landscaping plans. If COUNTY fails to review
and comment within the 15 days, C:[TY's plans shall be deemed approved.
COUNTY shall not unreasonably witF~hold its approval.
b. Improvements. Where necessary, improvements in the Construction
& Access area will be removed by C:[TY. Such improvements will be
reconstructed at CITY's sole expense upon the termination of the
construction use. If reconstruction is not feasible, CITY will pay COUNTY
the value of such improvements, wl-iich payment shall be in addition to the
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS -Page 2 of 19
purchase price for the Property set forth above.
c. Laws and Permits. All work ~~erformed by CITY in the Construction &
Access Permit area shall conform toy applicable building, fire, and sanitary
laws, ordinances and regulations relating to such work and shall be done in
a good and workmanlike manner
d. Extended Occupant. If CITY occupies the Construction &
Access Permit area beyond the spec:ified time period, CITY shall make
payment to COUNTY for the additional time on the same basis of
valuation within 30 days after the close of CITY's use of the area.
8. RETAINING WALL MAINTENANCE
CITY shall be solely responsible for the maintenance and cleaning of graffiti
or discoloration on the retaining wall to bc~ constructed as part of CITY's Project.
CITY will respond to notification of Graffiti within 24 hours of notification. If
CITY fails to remove graffiti or discoloration on retaining wall within three (3)
working days, COUNTY shall have the rigF~t to proceed with clean up measures
and bill CITY for COUNTY's costs plus a $]00.00 administrative fee.
This paragraph's provisions shall survive the term of this Agreement.
9. DELEGATION OF AUTHORITY
The Board of Supervisors delegates authority to the Director of Parks &
Recreation Department to execute any amendments or contracts needed to
facilitate the implementation of this Agreement:
This Agreement is executed on the latest date shown below.
COI~NTY O A~TA CLARA -- C OF ~ U ERT NO
Ir
;' ~,
Donald F. Gage, C it rson Ric:hard Lowenthal
Board of Supervisors M~iyor
{ c, ~ ~t~
Date: Dalte: ~ l
Attest:
Phylli A. Perez, Clerk
Board of Supervisors
Atl:est:
~ ~~
Kimberly Smith ~-'
City Clerk
Date:
Approved as to form and legality:
GL: ,V ~ r c~~
Kathryn A. erry
Deputy County Counsel
Date: (~ ~5~ 02~~~~L
Date: ~.~~ ~ l°
ApproYedF,als to fo m ;and legality:
~~ ~ ,/G~ .
~' ~ ~`
C~~rles Kilian
City Attorney
Date: ~ ~« ~~ ~
AGREEMENT I=OR PURCHASE OF PROPERTY RIGHTS -Page 3 of 19
EXH][BIT A
.;~..,..o n; .~,x.r~a...
d,~: ~..
rFE~F FT d~F 4!'• r 4~. ~' ,g.~ /\~ B • '~ ` ~~~` \~9 ~~ "3'~
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.gr ~~% ~ g F g t~~i '•,~ ~,~ ~ 11,E ~~ ~ {` ,/
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~ ~~ ~\ .'~ ~ ))/~ /f I i~ ilk g~.~ IS i ~, \ ,.
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fl 6$~ tf ~ ~~ ~ ~ ~ I~
~ ~~ ,r ~ I ~ i" ~ 1110 ~ ~+.
f E ~ J if ~ ti ~ ~ y /o .~'rl ~ ~ ~
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°'" ,._„ `~ STEVENS CANYON ROAD
c ~ 4 ' GRADING PLAN ON COUNTY PARK PROPERTY ~ti ~ (~ ~~"~~ a ~-«~~
.~..... oe ~ PROJECT NO. 98-120 •.-• . ••-~•- . •••-•• .+er..:-.r. a•a s
CITY OF CWE7Z71N0 SANTA QXtA COIMiY GWfORINA
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS -Page 4 of 19
EXHIBIT B
When recorded, return to:
County of Santa Clara
Parks & Recreation Department
298 Garden Hill Drive
Los Gatos, CA 95032
Record without fee under Section 6103 Callfomia Government Code
RIGHT-OF-WAY EASEMENT
Park: Stevens Creek
Project: Stevens Canyon Road
APN: 351-21-9
COUNTY OF SANTA CLARA, a political subdivision of the State of California, (COUNTY)
grants to
CITY OF CUPERTINO, a municipal corporation (CITY)
An easement for public roadway with the right to construct, repair, operate, and maintain all
public utilities and improvements necessary for thE~ public safety, welfare, and convenience on all
that real property in the County of Santa Clara, State of California, described on the attached
Exhibits A-1 and A-2, under the following conditions:
1. Indemnitv -CITY shall indemnify, defend and Bold harmless the COUNTY, its officers, agents
and employees from any claim, liability, loss, injury or damage arising out of the exercise of
this Easement by CITY, its agents, employees, or subcontractors. CITY shall reimburse the
COUNTY for all costs, attorneys' fees, expense:> and liabilities incurred in any litigation arising
out of CITY's exercise of this easement. Excepted from this indemnity are losses, injuries or
damage caused by the acts or omissions of they COUNTY.
2. Reversion - If the easement area described in I.xhibitsA-1 and A-2 is not used for roadway
purposes for a consecutive twelve month period, and such use is not resumed within thirty
days after COUNTY'S written notice to CITY, thl~n CITY shall extinguish this Easement by
executing such documents as are reasonably necessary to accomplish the same, and COUNTY
shall thereafter own the property free and clear of any such easement. When COUNTY
receives CITY's document that clears this easement; COUNTY shall reimburse CITY the $600
purchase price within 45 days.
Dated:
State of California
County of Santa Clara
ss.
Donald F. Gage Chairperson
On , 2002, before me, a Notary Public in
and for said State, personally appeared Donald F. Gaiae who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to this instrument, and acknowledged to me that he
executed the same in his capacity, and that by his signe~ture on the instrument, the person or the entity
upon behalf of which the person acted executed the instrument.
Notary Public
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS -Page 5 of 19
RIGHT-OF-WAY EASEMENT
Exhibit A-i
Park: Stevens Creek
Project: Stevens Canyon Road
APN: 351-21-9
All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion
of the parcel as described in that certain deed to the County of Santa Clara recorded on January 10, 1966 in Book
7241 of Official Records at page 721, Santa Clara County Records, more particularly described as follows:
Commencing at a monument at Station 30+15.68, as shown along the monument line of Stevens Canyon Road on
that certain Record of Survey recorded on~~ 200t in Book 742of Maps at pages2.3-2]~through, said county
records;
Thence along said monument line South 66°48' 16"West, 9.88 feet;
Thence leaving said monument line, at right angles South 23°11'44" East, 20.50 feet to a point on the northerly
line of the above said parcel, said point being the TRLB POINT OF BEGINNING;
Thence along said northerly line, the following five(5 courses:
1) North 56°19'35" East, 14.84 feet;
2) North 24°51' 15" West, 0.57 feet;
3) North 71°54'54" East, 49.52 feet;
4) North 81°57'06" East, 49.61 feet;
5) South 87°28'22" East, 74.31 feet to the northeasterly corner of said Parcel, also being the westerly corner of
the parcel described in the deed recorded on June 28, 2000 as Document No. 15294858, in the office of the
Recorder of Santa Clara County;
Thence along the line common to last said parcels South 58°41' 16" East, 15.10 feet;
Thence leaving said common line, North 83°54'56" Vv'est, 46.90 feet to the beginning of a curve to the left;
Thence along said curve having a radius of 279.50 feet, through a central angle of 29°16'49", for an arc length of
142.83 feet;
Thence South 66°48' 16" West, 9.88 feet , to the TRUE POINT OF BEGINNING;
Containing an area of 736 square feet, more or less.
A plat showing the above-described parcel is attached herein and made a part hereof as Exhibit /A '1.
This description was prepared by me or under my direction in conformance with the Professional Land Surveyors
Act.
Billy 1~Iartin, LS 5797
License Expires 6/30/2C
K.~lAx99~99020t~DWGLLegaIslSCf EEMS.DOC
~ ~ NANO S~
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`~ F~
J BILLY MARTIN ~;
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AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS -Page 6 of 19
RIGHT-OF-WAY EASEMENT
Exhibit A-2
Park: Stevens Creek
Project: Stevens Canyon Road
APN: 351-21-9
<a~s~;=1 CE~I~il~~~l7
C~3 ~ Jri J o
~, STEVENS C~gNYON ROAD
~~' STA 30+15.68 - 31 F00
O POB _~ _ MONUMENT LINE ~ - ~_ _
h ~
~~~ L1 ~ PER=Z~~ __MAPS ~= 25 ``
+cc ~-_-_L6__ ~3~ °p
3o N, L4 ~~ ~' C1 s ~ `~
~~ ~ ~~~ .
~0
/ ~ ~" ROADWAY EASEMENT C9 ~
TPOB 736 sq. ft. t ,
7241 OR 721
COUNTY OF
SANTA CLARA
C Jrf~ALL~
237 MAPS 9
,,....
t<'°~
BEA RING DISTANCE TABLE
LINE BEARING LENGTH
L1 S 66°48'16" W 9.88'
L2 S 23°11'44" E 20.50'
L3 N 56°19'35" E 14.84'
L4 N 24°51'15" W 0.57'
L5 N 71°54'54" E 49.52'
L6 N 81 °57'06" E 49.61'
L7 S 87°28'22" E 74.31'
L8 S 58°41'16" E 15.10'
L9 N 83°54'56" W 46.90'
L10 S 66°48'16" W 9.88'
CURVE TABLE
CURVE RADIUS DELTA LE
C1 279.50' 29°16'49" 142.83'
TPOB - TRUE POINT OF BEGINNING
Subject ROADWAY EASEMENT
~n ~k 540 Price Avenue STEVENS CANYON ROAD, CUPERTINO
Redwoopd City, CA 940113 Job No. 990204
CON3UlTINO ENOINEENS 65/402-6300 B~ WS Date OS 14 01 Chkd. ML
650/482-6399 (FAX) 1
SHEET 1 OF 1
° ~~0 LAND S ~ o
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No. 5797
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LEGEND
-- - - - PROPERTY LINE
-- - - EASEMENT LINE
-- - - - - MONUMENT LINE
OR - OFFICIAL RECORDS
POB - POINT OF BEGINNING
NGl'H
AGREEMENT 1=0R PURCHASE OF PROPERTY RIGHTS -Page 7 of 19
EXHIBIT C
When recorded, return to:
County of Santa Clara
Parks & Recreation Department
298 Garden Hill Drive
Los Gatos, CA 95032
Record without fee under Section 6103 California Government Code
Park: Stevens Creek
DRAINAGE EASEMENT Project: Stevens Canyon Road
APN: 351-10-27
COUNTY OF SANTA CLARA, a political subdi~iision of the State of California, (COUNTY)
grants to
CITY OF CUPERTINO, a municipal corporation (CITY)
An easement for storm drainage on all that real property in the County of Santa Clara, State of
California, described on the attached Exhibits A-1 and A-2, under the following conditions:
1. Indemnity -CITY shall indemnify, defend and Bold harmless the COUNTY, its officers, agents
and employees from any claim, liability, loss, injury or damage arising out of the exercise of
this Easement by CITYs agents, employees, or subcontractors. CITY shall reimburse the
COUNTY for all costs, attorneys' fees, expenses and liabilities incurred in any litigation arising
out of CITY's exercise of this easement. Exce~~ted from this indemnity are losses, injuries or
damage caused by the acts or omissions of they COUNTY.
2. Reversion - If the easement area described in ExhibitsA-1 and A-2 is not used for Drainage
Easement for a consecutive twelve month periled, and such use is not resumed within thirty
days after COUNTY's written notice to CITY, then CITY shall extinguish this Easement by
executing such documents as are reasonably necessary to accomplish the same, and COUNTY
shall thereafter own the property free and clear of any such easement. When COUNTY
receives CITY's document that clears this easeiment; COUNTY shall reimburse CITY the $310
purchase price within 45 days.
Dated
Donald F. Gage Chairperson
State of California ) _
County of Santa Clara ) ss.
On , 2002, before me, a Notary Public in
and for said State, personally appeared Donald F. Gaae who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to this instrument, and acknowledged to me that he
executed the same in his capacity, and that by his sign~~ture on the instrument, the person or the entity
upon behalf of which the person acted executed the instrument.
Notary Public
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS -Page 8 of 19
Park: Stevens Creek
DRAINAGE EASEMENT Project: Stevens Canyon Road
Exhibit A-1 APN: 351-10-27
All that real property situate in the City of Cupertino, County of Santa Clara, State of California,
being a portion of the parcel as described in that cen:ain deed to the County of Santa Clara, recorded
on January 10, 1966 in Book 7241 of Official Rec~~rds at Page 721, Santa Claza County Records,
more particularly described as follows:
Commencing at a monument at Station 28+17.11 ;is shown along the monument line of Stevens
Creek Road on that certain Record of Survey recorded on o~SQ~, 2001 in Book-142 of Maps at
Pages ~ through ?~ ,said county records, being the beginning of a curve to the left from a
tangent that beazs South 66°48' 16" West;
Thence southwesterly along said curve having a ra~3ius of 325.00 feet, through a central angle of
15°55' 11", for an arc length of 90.30 feet;
Thence leaving said monument line and curve along a radial line, South 39°06'55" East, 58.69 feet
to a point on the northwesterly line of the above described parcel, said point being the TRUE POINT
OF BEGINNING.
Thence leaving said northwesterly line, South 21°35' l6" West, 43.29 feet;
Thence South 85°23'47" West, 11.14 feet;
Thence North 21 °35' 16" East, 33.79 feet to a point on said northwesterly line;
Thence along said northwesterly line, North 56°19'35" East, 17.55 feet to the TRUE POINT OF
BEGINNING.
Containing an area of 385 square feet, more or less.
A plat showing the above-described parcel is attached herein and made a part hereof as Exhibit A-k,
This description was prepared by me or under my direction in conformance with the Professional
Land Surveyors Act.
~~St~V SAND SG~G~~
~~lYMARTIN °~
Billy Martin, LS 5797
License Expires 6/30/2004
K~lSur99m9020PDWGLLepsk4SCpRNEA6.DOC
~, EXIT 6/30/2004 ~ X
~ . \ No. 5797 /e. i
Dated: ~,o ~ 2=f ~/
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS -Page 9 of 19
DRAINAGE EASEMENT
Exhibit A-2
Park: Stevens Creek
Project: Stevens Canyon Road
APN: 351-10-27
P 0.8 • _ 5 66 4 5 ,w~~
~i19a•
°55 2
. Ci' /
00 ~' ~~NE .25 N
4355 OR 292 ~~~~ 1,NVMEN~MPp 23
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\~i9. /
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COUNTY OF SANTA CLARAy
4355 OR 292 ~ ~/I T.'.O.B.
COUNTY OF SANTA CLARA
7241 OR 721
i
~ / L3 L1 Q ~,pND SO
/ DRAINAGE EASEMENT 3 0
385 sq. ft. g~YMARTIN 7D
~ ~ DIP, 6l3W2004 ~
L2 .e_ N0' ~ .Q/
LEGEND
- - - PROPERTY LINE
- EASEMENT LINE
- - - - - MONUMENT LINE
OR - OFFICIAL RECORDS
P.O.B. - POINT OF BEGINNING
T.P.0.6. - TRUE POINT OF BEGINNING
LINE TABLE
LINE BEARING LENGTH
L1 S 21°35'16" W 43.29'
L2 S 85°23'47" W 11.14'
L3 N 21°35'16" E 33.79'
L4 N 56°19'35" E 17.55'
Subject ~ - DRAINAGE EASEMENT
B~ $ ~k 540 Price Avenue STEVENS CANYON ROAD, CUPERT I NO
Redwood City, CA 94063 Job No. 990204
coNEU~rI«a EMCIN[[Ni 650/482-6300
650/482-6399 (FAX) By KT Date 09 20 01 Chkd. ML
SHEET 1 OF 2
rAm N:~s~,.a9WaozaWwcWouwa+\ oA>E: a/zo/zom
01X0 NAME: SCaRNEA6 7NIE: 11:00 am.
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS -Page 10 of 19
EXHIE3IT D
PARK: Stevens Creek
PROJECT: Stevens Canyon Road
APN: 351-21-9 & 351-10-27
CONSTRUCTION $~ ACCESS PERMIT
This is a Construction & Access Permit (Permit) from the COUNTY OF SANTA
CLARA (COUNTY) to the CITY OF CUPERTINO (CITY) to allow CITY to access to
the Permit Area and the proposed drainage easement area to construct road and
drainage improvements for CITY's Stevens Canyon Road project (PROJECT) and
restore COUNTY park lands and facilities. The Permit Area is shown on the
attached Exhibits A & B.
COUNTY will permit CITY to construct the PROJECT and restore COUNTY park
lands and facilities on the terms and conditions set forth below.
I. TERM
Before CITY starts any construction using parklands, CITY shall submit
landscaping plans for the COUNTY property next to the proposed retaining wall
to COUNTY for review and approval. COUNTY shall have 15 days to review and
comment on the plans. CITY may not proceed with construction on COUNTY
parklands without COUNTY's approval of the landscaping plans. If COUNTY fails
to review and comment within the 15 days, CITY's plans shall be deemed
approved. COUNTY shall not unreasonably withhold its approval.
The term of this Permit is 180 days from the date the Agreement for Purchase of
Property Rights is executed by both parties, unless extended by mutual written
agreement. CITY shall provide COUNTY a dopy of the performance bond for the
PROJECT.
II. CONSTRUCTION
1. PRE-CONSTRUCTION MEETING
CITY shall notify COUNTY's Construction Manager Mohamed Assaf (Project
Manager) (408) 355-2208; Fax (408) 35!i-2290), 72 hours in advance of any
pre-construction meetings.
2. PUBLIC ACCESS
CITY shall keep the parking lot, entrance to, and public trails of Stevens
Creek County Park open to the public at alll times, except for the closure of the
Rim Trail as provided below.
3. CONSTRUCTION PROHIBITED
CITY shall not use any COUNTY property outside the Permit area for any
construction activities.
4. PROTECTION OF PROPERTY
Before the start of construction, CITY shall provide protections and protective
structures (e.g., temporary fencing) with t~uffers extending one foot beyond drip
lines around existing native trees and adequate to protect existing sensitive
resources. CITY shall obtain the Project Manager's prior approval before
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS -Page 11 of 19
trimming or removing any existing trees. (COUNTY policy requires that trees of
12" or greater diameter or 20' or higher not be removed without a scheduled
public hearing before the COUNTY's Board of Supervisors.)
5. SIGNS
CITY shall install and maintain infornnation signs as directed by the COUNTY's
Project Manager before the start of and cluring the construction on Stevens
Canyon Road.
CITY shall place any signs required throughout the project at least 7 days in
advance of construction activities. CITY :hall maintain the signs so that they
remain upright and visible to Park users. CITY shall immediately replace
damaged or missing signs according to tF~e above requirements.
CITY shall install additional signs withhin 24 hours of COUNTY's notice to do
so. If such signs are not installed within 24 hours, construction activity in the
affected area shall stop until the required sign is installed. CITY shall hold
COUNTY harmless against all claims and damages arising from such suspension
of work.
CITY shall install signs specified by the COUNTY's Project Manager shown in
Exhibit C.
6. SITE CONDITIONS.
a. Stakin -CITY shall stake the Permit area before the start of construction.
COUNTY's PROJECT MANAGER shall f•Iave the right to inspect and approve
the staking before the start of construction.
b. Plant Marking -CITY shall flag all plant material proposed for removal for
COUNTY's Project Manager to review and approve.
c. Backfill Trenches - At the end of eacri day, CITY shall backfill any trenches
with compacted native material and fence the trenched area.
d. Construction Fencing -CITY shall insi:all reflective construction fencing and
traffic cones at afl work locations and maintain them in place until CITY
completes construction, removes all iTtaterial and equipment, and COUNTY
approves and accepts the restoration of park property.
e. Flaagers -CITY shall provide flaggers; whenever CITY brings or removes
material and equipment to the site, and construction activity affects trail use.
f. Roads and Trails -All park roads and trails shall remain open at all times,
except for that portion of the Rim Tr2~il to be closed for construction of the
retaining wall and drainage facility. CITY shall place a sign as shown on
Exhibit C at each end of the closed trail segment as directed by the Project
Manager to mark the closure and point out the approved detour.
g. Parking Lot Entrance -CITY shall maintain the entrance and the parking lot
free of dirt, debris, construction material, and equipment at all times.
h. Erosion Control -CITY shall practice Erosion control at all times. CITY shall
submit its erosion control measures fir the COUNTY's Project Manager's
approval 72 hours before such measures may be needed.
i. No Staging -CITY shall not use any COUNTY property for a staging area.
j. Debris Removal -CITY shall remove ~~II debris and hazardous materials
resulting from the CITY's operations to a legal dumpsite.
k. No Grading -CITY shall not grade an~r park property, except for the
realignment of the Rim Trail as designated by the COUNTY's Project
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS -Page 12 of 19
Manager.
7. CONSTRUCTION HOURS AND SCIHEDULE.
Construction hours shall be from 7:00 a.m. to~ 5:00 p.m. Monday through
Friday, except when an emergency arises. If an emergency arises, CITY shall
immediately notify COUNTY's Project Manager, but no later than 24 hours from
the start of the emergency. All construction activities are included in these limits.
CITY shall provide the Project Manager with its construction schedule at the
start of the project and a monthly update of the schedule.
8. DAMAGE PREVENTION.
CITY shall exercise extreme care noi: to damage any vegetation or facilities in
the surrounding areas. CITY shall request permission for trimming any trees
from the Project Manager at least 72 hours in advance. COUNTY's maintenance
staff may perform any permitted trimming.
9. COUNTY APPROVAL OF CONSTRUICTION DOCUMENTS.
COUNTY has reviewed and approved the construction documents to date.
COUNTY shall have the right to approve ~~II additional construction documents
that affect the Permit Area. CITY shall submit such documents to the Project
Manager at least 10 working days before the additional construction starts in the
Permit Area. The COUNTY's Project Man~~ger shall respond within five (5)
working days of receipt of additions. If COUNTY fails to review and comment
within the five days, CITY's plans shall be~ deemed approved. COUNTY shall not
unreasonably withhold its approval. Con<.~truction shall not proceed without the
Project Manager's written approval of the documents.
III. RESTORATION
1. SITE CONDITIONS
CITY shall repair any damage to COUNTY's property caused by its activities
before construction is completed and equipment is removed from the project
area. COUNTY's Project Manager shall re~riew and approve repairs or restoration
at his discretion. Other conditions for restoration are as follows:
a. Landscapin Plan -CITY shall provides Project Manager with a landscaping
plan for the area affected by CITY's construction. COUNTY shall approve the
plans in writing before CITY begins ar~y restoration.
b. Performance Bond -CITY shall provide COUNTY a copy of the performance
bond for the PROJECT. If CITY's contractor fails to complete the PROJECT
within the term of this Permit, including the above landscaping, CITY shall
start to complete the landscaping within 30 days of the end of the Permit
term.
c. Rim Trail -CITY shalt restore the COUNTY's Rim Trail to its original or better
condition according to the plans approved by the COUNTY's Project Manager.
After restoration, CITY shall provide COUNTY with as-built drawings of the
approved restoration.
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS -Page 13 of 19
IV. GENERAL PROVISIONS
1. REVOCATION
COUNTY may only revoke this Permitt for CITY's breach of its conditions. If
CITY breaches this Permit, COUNTY shall give CITY five (5) days' written notice to
cure or make a good faith effort to cure the breach. If the breach is not subject
to cure within five (5) days, CITY shall make a good faith effort to begin to cure
the breach. Upon revocation or end of thus Permit, CITY shall remove all
equipment and materials immediately from COUNTY's property and -leave the
property. CITY shall leave COUNTY's property in a clean, neat and safe condition.
2. RETAINING WALL MAINTENANCE:
CITY shall be solely responsible for the maintenance and cleaning of graffiti
or discoloration on the retaining wall.
CITY will respond to notification of graffiti within 24 hours of notification. If
CITY fails to remove graffiti or discolorati~~n on retaining wall within three (3)
working days, COUNTY shall have the rigl~t to proceed with clean up measures
and bill CITY for COUNTY's costs plus $1Ci0.00 administrative fee.
3. CONDITION OF PERMIT AREA
COUNTY does not warrant or represent that the Permit Area is safe, healthful
or suitable for the permitted use under this Permit. CITY agrees to conduct its
own investigations and make its independent determination of such matters.
4. CITY'S RISK
CITY assumes all risks connected to Entry to the Permit Area under this
Permit.
5. WAIVER OF CLAIM
CITY waives any claim against COUNTY, its employees and agents for
injuries sustained by CITY in the Permit Area and for any damage to CITY's
property, except for claims that may be due to the COUNTY's comparative
negligence or willful misconduct.
6. INDEMNIFICATION
CITY expressly assumes for itself, its agents, employees, and contractors all
risks and damages to persons or property caused by the exercise of rights and
privileges granted under this Permit or by any wrongful or negligent act or
omission of CITY, its agents or employees;.
CITY agrees to indemnify and hold COUNTY harmless from all claims,
actions, damages, liabilities, costs and ex~,penses, which may arise or are asserted
against COUNTY from CITY's breach, violation, or nonperformance of any
condition under this Permit. In addition, CITY also agrees to indemnify COUNTY
because of injuries to persons or damages to property to the extent that such
damage or injury may be caused by any Pict or omission, negligent or not, of
CITY or any of its agents, employees, or contractors or of any other person
entering the Permit Area with CITY's express or implied invitation. CITY's
indemnity of COUNTY also extends to any such injury or damage that may in any
other way arise from or out of the occupancy or use of CITY, its agents,
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS -Page 14 of 19
employees, or contractors of the Permit urea.
CITY's assumptions of risk and indernnities stated in this Paragraph 7 shalt
not extend to those portions of loss or d~images caused by COUNTY's
comparative negligence or willful miscon~juct.
7. INSURANCE
CITY shall ensure that its contractor> maintain in full force and effect
comprehensive automobile and general liability insurance covering bodily and
personal injury and property damage thr~~ughout the term of this Permit at CITY's
or contractor's sole cost and expense.
CITY shall provide coverage for the COUNTY equal to CITY's coverage in all
such insurance or self-insurance. Any other insurance maintained by COUNTY,
its officers, agents and employees, shall Ise excess only and not contributing with
insurance provided under said CITY insurance.
Such insurance policies shall not be canceled or materially changed without
thirty (30) days' advance written notice fio the COUNTY at the address shown
under NOTICES.
8. COMPENSATION FOR DAMAGE
CITY agrees to pay COUNTY reasonable compensation for any damage not
repaired through CITY's restoration of affected areas caused or allowed by CITY
while exercising the rights and privileges granted under this Permit.
9. NOTICE
CITY shall provide any notice require~~ under this Permit to the COUNTY's
Project Manager Mohamed Assaf (Tel. 4013-355-2208 -FAX 408- 355-2290)..
Failure to notify is cause for revocation. Other written communications required
or permitted shall be served personally or• by United States mail. Such service by
mail shall be considered given if deposited in United States mail, first class,
postage prepaid, addressed as follows:
COUNTY CITY
Construction Management City o1F Cupertino Dept. of Public Works
Parks & Recreation Department CarmE~n M. Lynaugh, Public Works Proj. Mgr.
298 Garden Hill Drive 10300 Torre Avenue
Los Gatos, CA 95032 Cupertino, CA 95014
408-355-2208 408-777-3215
10. LAWS AND PERMITS
CITY shall comply with all laws, statui:es, regulations, and administrative
orders, obtain all permits which may be rE~quired by public agencies having
jurisdiction over the CITY's activities and comply with all conditions and
requirements set forth in the permits issued by such public agencies at its sole
cost and expense.
11. AMENDMENTS
Any amendments to this Permit must be made in writing and executed by
both parties.
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS -Page 15 of 19
12. DELEGATION OF AUTHORITY
COUNTY delegates authority to the COUNTY's Director of Parks and
Recreation to execute any documents to carry out the purposes of this Permit,
including, but not limited to, amendments to the Permit.
COUNTY OF SANTA CLARA CITY OF CUPERTINO
Donald F. Gage, Chairperson
Board of Supervisors
Date: R:ichard Lowenthal
Mayor
Date:
r~TTEST : P~yli3;; Q,, Pnr~;z, Clerk
r ..
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS -Page 16 of 19
PARK: Stevens Creek
PROJECT: Stevens Canyon Road
APN: 351-21-9 & 351-10-27
CONSTRUCTION & ACCESS PERMIT
EXHIBIT A -Construction Area
All that real property situate in the City of Cupertino., County of Santa Clara, State of California, being a
portion of the parcel as described in that certain deed to the County of Santa Clara recorded on January
10, 1966 in Book 7241 of Official Records at Page ''21, Santa Clara County Records, more particularly
described as follows:
Commencing at a monument at Station 30+15.68 as shown along the monument line of Stevens Canyon
Road on that certain Record of Survey filed on C~.~., 2001 in Book X42 of Maps at pages 23
through ~ ~ ,said county records;
Thence along said monument line South 66°48' 16" `Vest, 77.47 feet;
Thence leaving said monument line at right angles South 23°11'44" East, 33.00 feet to a point on the
northerly line of above said parcel, said point being the TRUE POINT OF BEGINNING;
Thence along said northwesterly line, North 56°19'3:i" East, 68.74 feet;
Thence leaving said northwesterly line, North 66°48' 16" East, 9.88 feet to the beginning of a curve to
the right;
Thence along said curve having a radius of 279.50 feet, through a central angle of 29°16'49", for an arc
length of 142.83 feet;
Thence South 83°54'56" East, 46.90 feet to the northeasterly line of said parcel;
Thence along said northeasterly line, South 58°41' lEi" East, 29.33 feet;
Thence leaving last said line, North 83°54'56" West., 73.44 feet to the beginning of a curve to the left;
Thence along said curve having a radius of 267.00 feet, through a central angle of 29°16'49", for an arc
length of 136.45 feet;
Thence South 66°48' 16" West, 77.47 feet to the TRI;.TE POINT OF BEGINNING.
Containing an area of 3044 square feet, more or less..
A plat showing the above-described parcel is attached herein and made a part hereof as Exhibit A=L-.
This description was prepared by me or under my direction in conformance with the Professional Land
Surveyors Act.
Billy Martin, LS 5797
License Expires 6/30/:
K1xMi9~990201bVVGL W akISCTC EASI.doe
SAND SG
~G
F~
BILLY MARTIN ~
Dated:.4a~ Z~r'. Zua/
~; ~ EXP. G/30/2004 ~ ~.
J, No. 5797 ~
Of CAL
AGREEMENT Fc~R PURCHASE OF PROPERTY RIGHTS -Page 17 of 19
PARK: Stevens Creek
PROJECT: Stevens Canyon Road
APN: 351-21-9 & 351-10-27
CONSTRUCTION & ACCESS' PERMIT
EXHIBIT A-i - Construction Area
P Ail ^. P S l
LEGEND
- - - PROPERTY LINE
- - - - - EASEMENT LINE
-- -- - MONUMENT LINE
OR - OFFICIAL RECORDS
POB - POINT OF BEGINNING
TPOB - TRUE POINT OF BEGINNING;
T.C.E. - TEMPORARY CONSTRUCTION
EASEMENT
MONUMENT LINE
`~ ~ - 292 PER'1~7- MAP Z._3_25 ST
oR POB _ -
31+00 ~
/ 4310+00 JSTA 30+15.68 ~O~NS CgNY
~__ ~~
2g+ 0 1 ~~ ~.~ ~ LX ~ C2 ~ ~` ~ ~~ -
~ / 2~% Ti)/1r' J ~ ~sr
~ L2 T.C.E. ~3~ CORBALLS
/ ~ TPOB COUNTY OI- 3,044 sq. ft. DOC. N0.
SANTA CLAF;A 15294858
7241 OR 7~?1
SAND
o
<;
1~~
/ .Q:
I No. 5791
qlF OF C P`\~o~r
~n Kangas Fa~lc
C O M S Y L T I M p [ M O I M[[[ i
PAilk K~S,M9Y~f90I0t~OMC~PblJgly[\
0110 NAIE; Y1CEA$1
BEA RING DISTANCE TABLE
LINE BEARING LENGTH
. L1 N 56'19'35" E 68.74'
L2 S 66'48'16" W 77.47'
L3 N 83'54'56" W 73.44'
L4 S 58'41'16" E 29.33'
LS S 83'54'56" E 46.90'
L6 N 66'48'16" E 9.88'
L7 S 23'11'44" E 33.00'
L8 S 66'48'16" W 77.47
CURVE TABLE
CURVE RADIUS DELTA LENGTH
C1 279.50' 29'16'49" 142.83'
C2 267.00' 29'16'49" 136.45'
Subject T.C.E.
540 Price Avenue STEVENS CANYON ROAD CUPERT 1 NO
Redwood City, CA 940ii3 Job No. 990204
650/482-6300
650/482-6399 (FAX) BY ~ Date 08 14 01 Chkd. ML
SHEET 1 OF 1
DAT[: l~1~/yppl
71YC 1R 11 wn.
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS -Page 18 of 19
PARK: Stevens Creek
PROJECT: Stevens Canyon Road
APN: 351-21-9 & 351-10-27
CONSTRUCTION ~& ACCESS PERMIT
EXHIBIT B -Access Area
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Engineers surveyors Planners EASEMENT
540 Price Avenue Redwood City, CA 94063 Drawn LKY Checked DGS Approved DGS
(650) 482-6300 Fox (650) ae2-6399 Job No. 990204-10 Date 01 28 02 Sheet 1 of 1
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS -Page 19 of 19
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PARK: Stevens Creek
PROJECT: Stevens Canyon Road
APN: 351-21-9 & 351-10-27
CONSTRUCTION &. ACCESS PERMIT
This is a Construction & Access Permit: (Permit) from the COUNTY OF SANTA
CLARA (COUNTY) to the CITY OF CUPERT:[NO (CITY) to allow CITY to access to
the Permit Area and the proposed drainage easement area to construct road and
drainage improvements for CITY's Stevens Canyon Road project (PROJECT) and
restore COUNTY park lands and facilities. The Permit Area is shown on the
attached Exhibits A & B.
COUNTY will permit CITY to construct the PROJECT and restore COUNTY park
lands and facilities on the terms and conditions set forth below.
I. TERM
Before CITY starts any construction using parklands, CITY shall submit
landscaping plans for the COUNTY property next to the proposed retaining wall
to COUNTY for review and approval. COI.~NTY shall have 15 days to review and
comment on the plans. CITY may not proceed with construction on COUNTY
parklands without COUNTY's approval of t:he landscaping plans. If COUNTY fails
to review and comment within the 15 days, CITY's plans shall be deemed
approved. COUNTY shall not unreasonablly withhold its approval.
The term of this Permit is 180 days from the date the Agreement for Purchase of
Property Rights is executed by both parties, unless extended by mutual written
agreement. CITY shall provide COUNTY a copy of the performance bond for the
PROJECT.
II. CONSTRUCTION
1. PRE-CONSTRUCTION MEETING
CITY shall notify COUNTY's Construction Manager Mohamed Assaf (Project
Manager) (408) 355-2208; Fax (408) 355-2290), 72 hours in advance of any
pre-construction meetings.
2. PUBLIC ACCESS
CITY shall keep the parking lot, entr~~nce to, and public trails of Stevens
Creek County Park open to the public at gill times, except for the closure of the
Rim Trail as provided below.
3. CONSTRUCTION PROHIBITED
CITY shall not use any COUNTY property outside the Permit area for any
construction activities.
4. PROTECTION OF PROPERTY
Before the start of construction, CITI~' shall provide protections and protective
structures (e.g., temporary fencing) with buffers extending one foot beyond drip
lines around existing native trees and adE~quate to protect existing sensitive
resources. CITY shall obtain the Project P~lanager's prior approval before
CONSTRUCTION & ACCESS PERMIT -Page 1 of 9
trimming or removing any existing trees. (COUNTY policy requires that trees of
12" or greater diameter or 20' or higher not be removed without a scheduled
public hearing before the COUNTY's Boarcl of Supervisors.)
5. SIGNS
CITY shall install and maintain information signs as directed by the COUNTY's
Project Manager before the start of and during the construction on Stevens
Canyon Road.
CITY shall place any signs required throughout the project at least 7 days in
advance of construction activities. CITY shall maintain the signs so that they
remain upright and visible to Park users. CITY shall immediately replace
damaged or missing signs according to the above requirements.
CITY shall install additional signs within 24 hours of COUNTY's notice to do
so. If such signs are not installed within ~!4 hours, construction activity in the
affected area shall stop until the required sign is installed. CITY shall hold
COUNTY harmless against all claims and damages arising from such suspension
of work.
CITY shall install signs specified by the COUNTY's Project Manager shown in
Exhibit C.
6. SITE CONDITIONS.
a. Staking -CITY shall stake the Permit area before the start of construction.
COUNTY'S PROJECT MANAGER shall have the right to inspect and approve
the staking before the start of construction.
b. Plant Marking -CITY shall flag all plant material proposed for removal for
COUNTY's Project Manager to review and approve.
c. Backfill Trenches - At the end of each day, CITY shall backfill any trenches
with compacted native material and fence the trenched area.
d. Construction Fencing -CITY shall install reflective construction fencing and
traffic cones at all work locations and maintain them in place until CITY
completes construction, removes all naterial and equipment, and COUNTY
approves and accepts the restoration of park property.
e. Flaggers -CITY shall provide flaggers whenever CITY brings or removes
material and equipment to the site, and construction activity affects trail use.
f. Roads and Trails -All park roads and traits shall remain open at all times,
except for that portion of the Rim Trail to be closed for construction of the
retaining wall and drainage facility. CITY shall place a sign as shown on
Exhibit C at each end of the closed tr~~il segment as directed by the Project
Manager to mark the closure and point out the approved detour.
g. Parking Lot Entrance -CITY shall maintain the entrance and the parking lot
free of dirt, debris, construction material, and equipment at all times.
h. Erosion Control -CITY shall practice erosion control at atl times. CITY shall
submit its erosion control measures for the COUNTY's Project Manager's
approval 72 hours before such measures may be needed.
i. No Staging -CITY shall not use any COUNTY property for a staging area.
j. Debris Removal -CITY shall remove 211 debris and hazardous materials
resulting from the CITY's operations t~o a legal dumpsite.
CONSTRUCTION & ACCESS PERMIT -Page 2 of 9
k. No Grading -CITY shall not grade arty park property, except for the
realignment of the Rim Trail as desiclnated by the COUNTY's Project
Manager.
7. CONSTRUCTION HOURS AND SCFIEDULE.
Construction hours shall be from 7:00 a.m. to 5:00 p.m. Monday through
Friday, except when an emergency arises. If an emergency arises, CITY shall
immediately notify COUNTY's Project Manager, but no later than 24 hours from
the start of the emergency. All construction activities are included in these limits.
CITY shall provide the Project Manager with its construction schedule at the
start of the project and a monthly updatE~ of the schedule.
8. DAMAGE PREVENTION.
CITY shall exercise extreme care not to damage any vegetation or facilities in
the surrounding areas. CITY shall reque~;t permission for trimming any trees
from the Project Manager at least 72 hours in advance. COUNTY's maintenance
staff may perform any permitted trimming.
9. COUNTY APPROVAL OF CONSTRUCTION DOCUMENTS.
COUNTY has reviewed and approved the construction documents to date.
COUNTY shall have the right to approve ~~II additional construction documents
that affect the Permit Area. CITY shall submit such documents to the Project
Manager at least 10 working days before the additional construction starts in the
Permit Area. The COUNTY's Project Man~~ger shall respond within five (5)
working days of receipt of additions. If COUNTY fails to review and comment
within the five days, CITY's plans shall bey deemed approved. COUNTY shall not
unreasonably withhold its approval. Construction shall not proceed without the
Project Manager's written approval of the documents.
III. RESTORATION
1. SITE CONDITIONS
CITY shall repair any damage to COI,INTY's property caused by its activities
before construction is completed and equipment is removed from the project
area. COUNTY's Project Manager shall review and approve repairs or restoration
at his discretion. Other conditions for restoration are as follows:
a. Landscaping Plan -CITY shall providf~ Project Manager with a landscaping
plan for the area affected by CITY's construction. COUNTY shall approve the
plans in writing before CITY begins any restoration.
b. Performance Bond -CITY shall provide COUNTY a copy of the performance
bond for the PROJECT. If CITY's contractor fails to complete the PROJECT
within the term of this Permit, including the above landscaping, CITY shall
start to complete the landscaping within 30 days of the end of the Permit
term.
c. Rim Trail -CITY shall restore the COUNTY's Rim Trail to its original or better
condition according to the plans approved by the COUNTY's Project Manager.
After restoration, CITY shall provide COUNTY with as-built drawings of the
approved restoration.
CONSTRUCTION & ACCESS PERMIT -Page 3 of 9
IV. GENERAL, PROVISIONS
1. REVOCATION
COUNTY may only revoke this Permit for CITY's breach of its conditions. If
CITY breaches this Permit, COUNTY shall give CITY five (5) days' written notice to
cure or make a good faith effort to cure t:he breach. If the breach is not subject
to cure within five (5) days, CITY shall make a good faith effort to begin to cure
the breach. Upon revocation or end of tr~is Permit, CITY shall remove all
equipment and materials immediately from COUNTY's property and leave the
property. CITY shall leave COUNTY's property in a clean, neat and safe condition.
2. RETAINING WALL MAINTENANCE:
CITY shall be solely responsible for the maintenance and cleaning of graffiti
or discoloration on the retaining wall.
CITY will respond to notification of graffiti within 24 hours of notification. If
CITY fails to remove graffiti or discoloration on retaining wall within three (3)
working days, COUNTY shall have the riglht to proceed with clean up measures
and bill CITY for COUNTY's costs plus $1C10.00 administrative fee.
3. CONDITION OF PERMIT AREA
COUNTY does not warrant or represent that the Permit Area is safe, healthful
or suitable for the permitted use under this Permit. CITY agrees to conduct its
own investigations and make its independent determination of such matters.
4. CITY'S RISK
CITY assumes all risks connected to f~ntry to the Permit Area under this
Permit.
5. WAIVER OF CLAIM
CITY waives any claim against COUN"lY, its employees and agents for
injuries sustained by CITY in the Permit Area and for any damage to CITY's
property, except for claims that may be due to the COUNTY's comparative
negligence or willful misconduct.
6. INDEMNIFICATION
CITY expressly assumes for itself, its agents, employees, and contractors all
risks and damages to persons or property caused by the exercise of rights and
privileges granted under this Permit or by any wrongful or negligent act or
omission of CITY, its agents or employees.
CITY agrees to indemnify and hold COUNTY harmless from all claims,
actions, damages, liabilities, costs and expenses, which may arise or are asserted
against COUNTY from CITY's breach, violation, or nonperformance of any
condition under this Permit. In addition, CITY also agrees to indemnify COUNTY
because of injuries to persons or damages: to property to the extent that such
damage or injury may be caused by any act or omission, negligent or not, of
CITY or any of its agents, employees, or contractors or of any other person
entering the Permit Area with CITY's exprE~ss or implied invitation. CITY's
indemnity of COUNTY also extends to any such injury or damage that may in any
other way arise from or out of the occupancy or use of CITY, its agents,
CONSTRUCTION & ACCESS PERMIT -Page 4 of 9
employees, or contractors of the Permit: Area.
CITY's assumptions of risk and indE~mnities stated in this Paragraph 7 shall
not extend to those portions of loss or ciamages caused by COUNTY's
comparative negligence or willful misconduct.
7. INSURANCE
CITY shall ensure that its contractorrs maintain in full force and effect
comprehensive automobile and general liability insurance covering bodily and
personal injury and property damage throughout the term of this Permit at CITY's
or contractor's sole cost and expense.
CITY shall provide coverage for the COUNTY equal to CITY's coverage in all
such insurance or self-insurance. Any other insurance maintained by COUNTY,
its officers, agents and employees, shall be excess only and not contributing with
insurance provided under said CITY insurance.
Such insurance policies shall not be canceled or materially changed without
thirty (30) days' advance written notice to the COUNTY at the address shown
under NOTICES.
8. COMPENSATION FOR DAMAGE
CITY agrees to pay COUNTY reason~ible compensation for any damage not
repaired through CITY's restoration of aflFected areas caused or allowed by CITY
while exercising the rights and privileges granted under this Permit.
9. NOTICE
CITY shall provide any notice requirE~d under this Permit to the COUNTY's
Project Manager Mohamed Assaf (Tel. 408-355-2208 -FAX 408- 355-2290).
Failure to notify is cause for revocation. Other written communications required
or permitted shall be served personally or by United States mail. Such service by
mail shall be considered given if deposited in United States mail, first class,
postage prepaid, addressed as follows:
COUNTY CITY
Construction Management City of Cupertino Dept. of Public Works
Parks & Recreation Department Carmen M. Lynaugh, Public Works Proj. Mgr.
298 Garden Hill Drive 1030() Torre Avenue
Los Gatos, CA 95032 Cupertino, CA 95014
408-355-2208 408-777-3215
10. LAWS AND PERMITS
CITY shall comply with all laws, statutes, regulations, and administrative
orders, obtain all permits which may be rE~quired by public agencies having
jurisdiction over the CITY's activities and ~~omply with all conditions and
requirements set forth in the permits issued by such public agencies at its sole
cost and expense.
11. AMENDMENTS
Any amendments to this Permit must be made in writing and executed by
both parties.
CONSTRUCTION & ACCESS PERMIT - Page S of 9
12. DELEGATION OF AUTHORITY
COUNTY delegates authority to the COUNTY's Director of Parks and
Recreation to execute any documents to~ carry out the purposes of this Permit,
including, but not limited to, amendments to the Permit.
COU TY OF SANTA CLARA CITY O U T O
~.
Donald F. Gage, Chair er Richard Lowenthal
Board of Supervisors f+~ayor
Date: JUN 0 4 2002 Date: `~ ~ f9 ~~ ~-
ATTEST : Pl~~llis ~1. Perez, Clerk
L~~r~ Of Cupervisors
~+. r
CONSTRUCTION & ACCESS PERMIT -Page 6 of 9
PARK: Stevens Creek
PROJECT: Stevens Canyon Road
APN: 351-21-9 & 351-10-27
CONSTRUCTION ~& ACCESS PERMIT
EXHIBIT A -Construction Area
All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being a
portion of the parcel as described in that certain deed to the County of Santa Clara recorded on January
10, 1966 in Book 7241 of Official Records at Page 721, Santa Clara County Records, more particularly
described as follows:
Commencing at a monument at Station 30+15.68 a;~ shown along the monument line of Stevens Canyon
Road on that certain Record of Survey filed on fx, 2001 in Book 7¢2 of Maps at pages 2 3
through ~ ~ ,said county records;
Thence along said monument line South 66°48' 16" West, 77.47 feet;
Thence leaving said monument line at right angles South 23°11'44" East, 33.00 feet to a point on the
northerly line of above said parcel, said point being the TRUE POINT OF BEGINNING;
Thence along said northwesterly line, North 56°19':15" East, 68.74 feet;
Thence leaving said northwesterly line, North 66°48'16" East, 9.88 feet to the beginning of a curve to
the right;
Thence along said curve having a radius of 279.50 ;Feet, through a central angle of 29°16'49", for an arc
length of 142.83 feet;
Thence South 83°54'56" East, 46.90 feet to the northeasterly line of said parcel;
Thence along said northeasterly line, South 58°41' 16" East, 29.33 feet;
Thence leaving last said line, North 83°54'56" West, 73.44 feet to the beginning of a curve to the left;
Thence along said curve having a radius of 267.00 feet, through a central angle of 29°16'49", for an arc
length of 136.45 feet;
Thence South 66°48' 16" West, 77.47 feet to the TRUE POINT OF BEGINNING.
Containing an area of 3044 square feet, more or less.
A plat showing the above-described parcel is attached herein and made a part hereof as Exhibit A-Z.
This description was prepared by me or under my direction in conformance with the Professional Land
Surveyors Act.
• SAND S~ Dated:.aa~. Z~ Z~/
Billy Martin, LS 5797 ~~ ~'~~,
License Expires 6/30/200 ~ BILLY MARTIN °
KlSur99~9902W~DWGLpalsl$CTCEASI dx ~
~, EXP. GJ30120Q4 ~
~ J, No. 5797 ~
9lF~f CAl\F~~`
CONSTRUCTION & ACCESS PERMIT -Page 7 of 9
PARK: Stevens Creek
PROJECT: Stevens Canyon Road
APN: 351-21-9 & 351-10-27
CONSTRUCTION Pi ACCESS~PERMIT
EXHIBIT A-1 -Construction Area
P Ail ~ P 1 0
LEGEND
- - - PROPERTY LINE
- - - EASEMENT LINE
- - - - - MONUMENT LINE
OR - OFFICIAL RECORDS
POB - POINT OF BEGINNING
TPOB - TRUE POINT OF BEGINNING
T.C.E. - TEMPORARY CONSTRUCTION
EASEMENT
MONUMENT LINE
- ~ - 292 PER °747- MAP 23_25
4355 CR _ PO~__ 31+00 '~ S
_i 30+0o sTA 3o+1s.s8 T~FNS CgNYp
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/ ~ TPOB COUNTY OF 3,044 sq. ft. ~ g48~8
SANTA CLARA.
7241 OR 721
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BEA RING DISTANCE TABLE
LINE BEARING LENGTH
L1 N 56'19'35" E 68.74'
L2 S 66'48'16" W 77.47'
L3 N 83'54'56" W 73.44'
L4 S 58'41'16" E 29.33'
LS S 83'54'56" E 46.90'
L6 N 66'48'16" E 9.88'
L7 S 23'11'44" E 33.00'
L8 S 66'48'16" W 77.47
CURVE TABLE
CURVE RADIUS DELTA LENGTH
Ct 279.50' 29'16'49" 142.83'
C2 267.00' 29'16'49" 136.45'
Subject T.C.E.
~n ~k 540 Price Avenue STEVENS CANYON ROAD. CUPERT 1 NO
Redwood City, CA 94063 Job No. 990204
CONSYLiIM6 [NNIME[Nf 650/482-6300
650/482-6399 (FAX) BY ~ Date 08 14 O1Chkd. ML
SHEET 1 OF 1
vim N: \swt[\vaotaWNOWoi~.pa•\
D11G NAYf. SC7EE~51
o~iE: en~/~aol
CONSTRUCTION & ACCESS PERMIT -Page 8 of 9
PARK: Stevens Creek
PROJECT: Stevens Canyon Road
APN: 351-21-9 & 351-10-27
CONSTRUCTION 8c ACCESS PERMIT
EXHIBIT 6 -Access Area
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Arian Kangas ~nulk STTEMP RARY ACCESS D
Engineers surveyors Planners EASEMENT
540 Price Avenue Redwood City, CA 94063 Drawn LKY Checked DGS Approved DGS
(650) a82-6300 Fax (650) a82-6399 Job No. 990204-10 Dote 01 28 02 Sheet 1 of 1
CONSTRUCTION & ACCESS PERMIT -Page 9 of 9