20. Moxley property report
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CUPERJINO
City Hall
10300 Torre Aveuue
~cniao,~ 95014-3255
. (408) n7-3354
FAX (408) 777-3333
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PUBUC WORKS DEPARTMENT
Summary
AGENDA ITEM 20
AGENDA DATE. October 16.. 2007
SUBJECT AND ISSUE
Receive a report on the former Moxley property on Lindy Lane related to the subdivision
improvement plan.
BACKGROUND
On June 7,' 2004, the City Council adopted a resolution approving the parcel map and
improvement. plans for Lands of Moxley at 21949 Lindy Lane. The parcel map
',,-, subdivided the previously existing lot into three seParate lots. The improvement plans
consisted of clearing and grading of the site, construction of a drainage swale and an
asphalt concrete (AC) curb along the existing private access ro~ and removal and
replacement of an existing retaii:JJng wall. Along with the improvement plans, the
developer Mr. Bret Moxley was required to execute a development agreement with the
City and provide a construction security :&opt a. financial institution to ensure the
completion of the required improvements. .
Mr. Moxley has since sold the lots Created by the subdivision to three separate parties,
and two of the new lot owners acquiied building pemJits and have ~onstructed houses and
other improvements on the properties. The improvement plans for the building permits
originally called for the lots to be connccted to an existing stonn drain line in the existing
private road. However, when it Was discovered that the storm drain line was privately
owned, and that the connection by the lot owners could not be successfully negotiated, the
City required the lot owners to pursue alternative methods of conv~g their drainage
and provide bonding to ensure completion of the revised drainage improvements.
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One of the lot owners connected that lot's drainage directly to the City storm drain facility
in Lindy Lane, while the other has designed and bonded for additional drainage facilities
to convey its drainage to the City storm drain in Lindy Lane. The latter work has yet to
be completed, pending the results of renewed negotiations with the private storm drain
owner for connection to the existing private storm drain line.
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There were cmitentions that the new retaining wall constrQ.cted by Mr. Moxley on one of
the . created lots encroached on the private road easement, but a survey determined that.
that was not the case. There were also complaints from at least one resiqent along Lindy .
Lane below the site that storm water runoff from the site was cmying soil down the
private road to Lindy Lane. Staff took steps to assure that the sites under construction
were employing proper erosion control to prevent any flow of soil off the construction
sites. It was subsequently discovered that the main source of the turbid flow was an
existing lot that is not part of the Moxley subdivision, and which is not presently subject
to a development pennit. Staff has taken temporary measures to mitigate the turbid flow
from that lot and will try to work with the lot owner to achieve a permanent solution.
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Although Mr. Moxley completed most of the original improvements required of his . .
subdivision, the City had not released his constructio~ securities when the financial
institution providing Mr. Moxley's construction securities allowed them to lapse without
notice to the City. Staff is pursuing reinstatement of the improperly lapsed securities in
order to implement any work or repair that might remain. .
FISCAL IMPACI'
There is no direct fiscal impact.
STAFF RECOMMENDATION
That Council receive and consider this report on the former Moxley property on Lindy
Lane related to the Subdivision improvement plan.
Submitted by:
Approved for submission:
~~~~MIt_.
ptL Ralph A. Qualls, Jr.
D~torofPublic~orks
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David ~. Knapp
City Manager
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City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
C.UPERTI.NO
Community Development
Department
Summary
Agenda Item No. ~
Agenda Date: October 16, 2007
APPLICATION SUMMARY:
Receive a report on the former Moxley property on Lindy Lane related to tree
prot~on and the subdivisi~n improve~ent plan.
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RECOMMENDATION:
Staff recommends that the City Council:
Direct staff to' continue to require the replanting of five oak trees pursuant to the
recorded covenant. The subdivision improvements are discussed in the separate Public
Works report, which is attached.
BACKGROUND:
On July 9, 2001, the Plannirig Commission approved a Tentative Map to subdivide a 1.6
acre property- on Lindy Lane into three parcels. The conditions of approval. and the
tentative map are enclosed (Exhibit A).
The property is zoned Rl-20. The three lot sizes are 22pOl square feet, 20,475 square
feet and 21,461 square feet. The property owner at that time was Bret Moxley, and the
three lots have since been sold. Residences have been constructed and occupied on Lots
1 and 3. Lot 2 is vacant and no building pla~ have been submitted. A future home on
this parcel will conform to the 5,500 square foot maximum house size required by a
recorded covenant (see discussion below) and the recently adopted hillside
development standards. .
Concerns about tree protection have been expressed by neighboring property owners
and the City Council. A condition of approval required certain tree protection
measures, as follows:
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All trees shown to be protected on the tentative map shall be protected. In
. addition, tree #9 shall be relocated. Trees #30, 35 and 36 shall be reevaluated to
determine if tb.ey can remain. Trees #18 and 42 shall not be removed. Any
specimen oak tree removed shall be replaced with a 36" box oak tree, with the
location to be determined by staff. Other tree protection recommendations
20-3
Tree Protection Report
Page 2
included in the arborist's report (Deborah Ellis, May 2001) shall be followed. A J
tree bond in the amount of $20,000 shall be submitted prior to recordation of the
final map, and shall be released upon a written report by the arborist that the
trees have been adequately protected during construction and are expected to
survive. .
DISCUSSION:
Exhibit B consists of two aerials that show and number the' trees on the site, prior to and
after site development. Oak and non-oak trees are. depicted. EXhibit C consists of a
diagram that describes the status of trees protected and removed.
IIi summary:
. The Planning Commission authorized the removal of 21 trees (15 oak trees and
six non-oak trees) due to their location in or near the re-erigineered fill that was
required as part of the subdivision.
. Two specimen trees to be saved were removed. Mitigation for one of those trees
on Lot 2 has not occurred and replacement will be required pursuant to the
covenant. Additionally, four specimen oaks. on Lot 2 approved for removal have
not been replaced, and will also be subject to the covenant.
. The property owner of Lot 2 wijl be required to plant five 36" oak trees.
. The property owner of Lot 3 will be required to plan one 36" box oak tree.
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Regarding the tree bond, unfortunately it was not collected prior to recordation of the
final map due to lack of intra-staff coordination between the Planning and Public Works
departments. Consequently, it is not available as lev:erage for enforcing tree
replacement. However, staff attempted to work with Mr. Moxley for tree replacement
on Lot 2 and was not successful in that Mr. Moxley did not respond to subsequent
requests (see Exhibit D).
In 2004, the Planning Commission expressed concern about the size of the houses that
could be built on the three lots, and discussed the possibility of rezoning the property to
Residential Hillside. In lieu of rezoning, Mr. Moxley agreed to a covenant on each lot
to limit the size of all structures to 5,500 square feet (see Exhibit E). The covenant also
required /I installation of up to 20 non-deciduous trees of not less than 24" inch box size
in size in a location that will provide partial screening of any new residence from the
public . right-of-way on Lindy Lane, subject to the approval of the Director of
Community Development." This covenant is recorded against the property and 'is
enforceable.
Mr. Moxley has been invited to attend.this meeting to provide his input on the trees and
private road improvements.
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Tree Protection Report
Page 3
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Enclosures:
Exhibit A - Tentative Map Conditions of Approval and Maps.
Exhibit B - Site Aerials (Pre- and Post- Construction)
Exhibit C - Diagram of Protected Trees
Exhibit D - Letter to Bret Moxley, September 11, 2006
Exhibit B - Covenant and Agreement to Restrict Use of Property
Prepared by: Ciddy Wordell, City Planner
Approved by:
Steve Piasecki
Director, Community Development
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David W. Knapp
City Manager
G: \P14nnbrg\PDREPORT\ CC\2007\Lindy LtIM report 1o.1tJ..07.doc
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Exhibit A
OI-TM-Ol
CITY.OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
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RESOLUTION 6097
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE AN
APPROXIMATELY 1.6 ACRE SITE INTO TI:IREB PARCELS RANGlNG IN SIZE FROM
APPROXIMATELY 20,500 TO 22.500 SQUARE FEET IN AN RI-20 ZONING DISTRICT.
SECTION I: PROJECT DESCRIPTION
Application No.:
Applicant:
Location:
OI-TM-Ol
Moxley ~roperties
21949 Lindy Lane
SECTION II: FlNDINGS
WHEREAS. the Planning Commission of the City of Cupertino received an application for a
Tentative Subdivision Map as described in Section I of this Resolution; and
WHEREAS. the necessary public notices have been given as required by the Subdivision and
Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least
one public hearing in regard to the application; and
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WHEREAS. the applicant has met the burden of proof required to support said application; and .
has satisfied the following requirements:
a) That the proposed subdivision map is consistent with the City of Cupertino General Plan.
b) That the d~sign and improvements of the proposed subdivision are consistent with the
General Plan. .
c) That the site is physically suitable for the type and intensity of development contemplated
under the approved subdivision.
d) 'that the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage nor substantially and avoidable injure fish and wildlife
or their habitat due to the preservanon, relocation and replanting ofvll.ljous oak trees.
e) That the designs of the subdivision or the type of improvements associated therewith are
not likely to cause serious public health problems.
f) That the design of the subdivision and its associated improvements will not conflict with
easementa acquired by the public at large for access through or use of property within the
proposed subdivision.
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l-,
. Resolution No. 6097
Page 2
Ol-TM-Ol
, July 9, 2001
NOW, TIlEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in .
this matter, the application Ol-TM-Ol for a Tentative Map is hereby approved .subject to the
conditions which are enumerated in this Resolution beginning on page 2 thereof, and
That the subconclusions upon which the findings and conditions specified in this Resolution are
based and contained in the Public Hearing record concerning Application Ol-TM-OI, as set forth
in the Minutes of Planning Commission Meeting of July 9, 2001, and are incorporated by
reference as though fully set forth herein. .
SECTION DI: CONDmONS ADMlNISTERED BY TIm COMMuNITY DEVFLOPMENT
DEPT. .
1. APPROVED EXHIBITS
Approval is based on Sheets 1-3 of the tentative map, dated May 2001, excepted as may be
amended by conditions contained in this resolution.
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2. ROAD MAINTAINANCEAGREEMENT
A reciprocal maintenance agreement shall be required for all parcels that share a common
private roadway within the tract. Said agreement shall be recorded in conjunction with
recordation of the final map, and shall be subject to prior approval as to fonn and content by
the City Attorney.
3. TREE PROTECTION
. All trees shown to be protected on the tentative map shall be protected. In addition, tree #9
shall be relocated. Trees #30, 3S and 36 shall be reevaluated 'to determine if they can remain.
Trees #18 and 42 shall not be removed. Any specimen oak tree removed shall be replaced
with a 36" box oak tree, with the located to be detemrined by staff. Other tree protection
recommendati,ons included in the arborist's report (Deborah Ellis, May 200 I) shall be
f()llowed. A tree bond in the amount of $20,000 shall be submitted prior to recordation of the
final map, and shall be released upon a written report by the arborist that the trees have been
adequately protected during construction and are expected to survive. The arborist shall
prepare a report,. prior to recordation of the final map, reg8rding the risk of introducing
sudden oak: death. to the site during site improvements and recommend any prevention
measures if needed.
4. GEOLOGIST'S CONDmONS
The conditions of approval of the City's consulting geologist, Cotton, Shires & Associates
. letter dated May 29, 2001, shall be implemented.
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5. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include .certain fees, dedication
requirements, reservation requirementS, and other exactions. Pursuant to Government Code
Section 66020(d) (I), these Conditions constitute written notice of a statement of the amount
of such fees, and a. description of the dedications, reservations, and other exactions. You are
hereby further notified that the .90-day approval period in which you may protest these fees,
20-7
Resolution No. 6097
Page 3
o I-TM-O 1
July 9, 2001
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dedications, reservations, and other exactions, pursuant to Government Code Section
6602~(a), has begun. If you fail to file a protest within this 90-day period complying with all
of the requirements of Section 66020, you will be legally barred from later challenging. such
exactions.
SECTION N: CONDmONS ADMINISTERED BY THE PUBliC WORKS DEPARTMENT
6. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as reqUired by the City Engineer, with special attention to
the condition and alignment of the intersection of the private road at Lindy Lane.
7. CURB AND GUTI'ER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with
grades and standards as specified by the City Engineer.
8. STREET LIGHTING INSTALLATION
Street lighting' shall be installed and shall be as approved by the City Engineer. Lighting
fixtures shall be positioned so as to preclude glare and other forms of visual interference to
.adj oining properties, and shall be no higher than the maxim~ height permitted by the zone
in which the site is located.
9. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
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10. TRAFFIC SIGNS .
Traffic control signa shall be placed at locations specified by the City.
11. STREET TREES
. Streets trees shall be planted within the Public Right of Way and shall be of a type approved
by the City in accordance with Ordinance No. 125.
12. GRADING .
Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits may be required.
Please contact Army Corp of engineers and/or Regional Water Quality Control Board AB
appropriate.
13. DRAINAGE
Drainage shall be provided to the satisfaction of the CitY Engineer.' Swface flow across
public sidewalks may be allowed in the R-l, R-2 and R-3 zones unless stonn drain facilities
are deemed necessary by the City Engineer. Development in all other zoning districts shall
be served on by on site storm drainage facilities connected to the City storm cmunage system.
If City storm drains are not available, drainage facilities shall be installed to the satisfaction.
of the City Engineer.
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Resolution No. 6097
Page 4
Ol-TM-Ol
July 9, 2001
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14. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
15. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance
No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall
coordinate with affected utility providers for installations of underground utility devices.. The
developer shall submit detailed plans showing the utility underground provisions. Said plans
shall be subject to prior approval of the affected Utility provider and the City Engineer.
16. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of Cupertino
providing for payment of fees, including but not limited to checking and inspection fees,
storm drmn fees, park dedication fees and fees for underground of utilities. Said agreement
shall. be executed prior to issuance of construction permits.
Fees:
a. Checking & Inspection Fees:
b. .Grading Pennit
c. Development Maintenance Deposit
d. Stonn Drainage Fee:
e. Power Cost: .
f. Map Checking Fees:
g. Park Fees:
$ 5% of Off -Site Improvement Cost or $2,130.00
minimum
$ 5% of Site Improvement Cost
$ 1,000.00
$ 2.080.00
N/A
$463
S 31.500.00
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Bonds:
a. Faithful Performance Bond: 100% ofOff-S~te and On-Site Improvements
b. Lahor & Material Bond: 100% ofOff-sitc and On-Site Improvement
c. On-site Gmding Bond: 100% of site improvements
- The fees described above are imposed based upon the current fee schedule adopted by the
City Council. However, the fees imposed herein may be modified at the time of
recordation of a final map or issuance of a building permit in the event of said change or
changes, the fees changed at that time will reflect the then ~t fee schedule.
17. TRANSFORMERS
Electrical transformers. telephone vaults and similar above ground equipment enclosures
shall be screened with fencing and landscaping or located underground such tha.t said
equipment is not visible from public str~~ areas.
18. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and a.ppurtenances installed. to City
Standards and shall reach an agreement with California Water Company for water service to
the subject development.
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19. BEST MANAGEMENT PRACTICES
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Resolution No. 6097
Page 5
Ot-TM-Ot
July 9, 200,1
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Utilize Best Management Practices (BMP' s), as required b}7 the State Water Resources
Control Board, for constIUction activity which diS1llrbs soil. BMP plans shall be included in
the grading and street improvement plans. Erosion and/or sediment control plan shall be
provided.
CTIY ENGlNEER'S CERl'IFICATE OF
ACCEPTANCE OF ENGINEERlNGlSURVEYINGCONDmONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV of this
Resolution conform to generally accepted engineering practices.
Is! RalDh Oualls
Ralph Qualls, Director of Public Works
PASSED AND. ADOPTED this 9th day of July, 2001, at a Regular Meeting of the PlanIiing
Commission of the City of Cupertino.by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Auerbach, Patnoe and Chairperson Kwok
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS: Chen and Carr
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ATTEST:
APPROVED:
Is! Steve Piasecki
Steve Piasecki
Director of Community Development
Is! Patrick Kwok
Patrick K wok, Chairperson
Cupertino Planning Commission
g:/p1armt~rtIraIOI-'/M..(JJ ,..,.doc
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CITY OF
CUPERIINO
Exhibit 0
CUy~' UII.V, ....u.~':Jv, fUU. .:7tJV.L'!t
Telephone: (408) 777-3308
FAX: (408) 777-3333
COMMUNITY DEVELOPMENT
. September 11,2006 .
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Mr. Bret Moxley
30 Carolina Avenue
San Anselm9, California 94960
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Dear Btet;
Thank you for visiting .your former property with me several months ago. I restudied the
tree requirements for your subdivision, and have determined that some tree replanting is
nec~ssaxy on Lot 2. The tree protection condition, condition 3, states that any specimen'
, oak'tree removed shall be replaced with a 36" box oak tree. Five specimen oak trees.
were removed from lot 2, so five trees need to be planted.. This should have been done in
connection with your final map, but we did not do a good job of tracking the replacement
requirement at that. time. '.
.
When we visited .the site, we talked about tree #30, which was supposed to be
reevaluated, but was in fact removed., which. you showed as . being removed on your
improvement.plan. The other specimen n;ees are #27, 28, 29 and 32:.. .
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I realize that the property has been sold, but I believe you said yoti. would address any
tre~ reparations that are needed. Please conta,ct me about. this, and let me know if you
have any different information and what you are able to do regarding replacements. You
may reach me at 777-3236: (I will be out of the office until Septembet 20th.) ,
Thank}'Ou fi1r }'OUI assislaIJce. . ~ .
YOms~ .., ~~, ~
~Lq,&GtI1 ~"~ I . '_' ~
ClddyWordell lL.~ ~ ~
City Planner "(<=:> ~ ~ \.
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20 - 11
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Recording Requested By and
When R~orded Mail TQ:
Exlilbn E
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Owen Byrd.
Law Offices of Owen Byrd.
418 Florence Sh"eet .
Palo Alto, CA 94301
for Moxley Properties, L.P.
When Recorded Mail To:
City Attorney
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(~L/~lf(P .3
COVENANT ANDAGREBMENT
TO RESTRICT USE OF PROPERTY
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This Covenant and Agreement to Restrict Use of Property ('Covenant") is made as. of
the 10th day of August, 2004, by Moxley Properties, L.P. ("Covenantor"), which is the
owner of record of that certain property located in the City of Cupertino, County of
Santa Oara, State of California, which is described in Exhibit A attached hereto and
incorporated herein by this ref~rence ("Property"), for the benefit of the City of
Cupertino ("City") with reference to the following facts:
1. The current zoning for the Property is Rl-20.
2. The current zoning could potentially allow for construction of residences up to
9,000 square feet in size on each of the three legal parcels that collectively
comprise the Property.
3. Covenantor and Oty. each desire to limit the siZe and visual impact of any new
residences constructed on the Property.
Therefore, Covenantor agrees to restrict the use of the Property as follows
("Restrictions"):
1. The sqUare footage of all structures constructed on the Property on each lot shall
not be greater than 5,500 square feet.
2. Constructior:'- of any new residenceCs) on the Property shall be accompanied by
installation of up to 20 non-deciduous trees of not less than 24" in box size in a
location that will provide partial screening of any new residence from the public
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L,
right-of-way on Lindy Lane, subject to the approval. of the Director of
Community Development.
The Restrictions contained in.this Covenant shall run with th~ land and pass with each
and every portion of the Property and shall apply to, inure to the benefit of and binc!
the respective successors in interest thereof, for the benefit of City. All purchasers,
lessees or possessors or any portion of the Property shall be deemed by their purchase,
lease or possession of such Property to be in accord with the foregoing Restrictions and
to agree for and among themselves, their heirs, successors and assignees and the agents,
employees and lessees of such owners, heirs, successors and. assignees that the
Restrictions must be adhered to for the benefit of City.
The Restrictions contained in this Covenant shall be enforceable by the City.
Covenantor desires and covenants that the restrictions contained in this Covenant shall
be incorporated in and attached to each and all deeds and leases of any portion of the
Property. Recordation of this Covenant shall be deemed binding on all successors,
a,ssigns and lessees regardless of whether copy of this Covenant has been attached to
any specific deed or lease.
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Unless terminated by law or otherwise, this Covenant shall continue in effect in
perpetuity..
Notwithstanding the above, should the zoniIig on this property, at any time, be
changed to a zone other than Rl-20, the new zoning regulations shall apply.
IN WITNESS WHEREOF, the parties execute this Covenant as of the date set forth
above.
COVENANTOR:
MOXLEY PROPERTIE'S, L.P.
BT-p~c/Jf r4
Bret Moxley .
Its: General Partner
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B . It... 01
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BXIDBIT A
LEGAL DESCRIP1'ION
Real property lri the Oty of Cupertino, County of Santa Oara, state of CalIfOrnia, desalbed as
follows: .
Parcels 1, 2 and 3 as .shown on that certain Parcel Map filed In the office of the Recorder of the
County of Santa Clara, State of California on June 28, 2004 In Book 771 of Maps, pages 48 and
49.
APN: 356.25-016
ARB: 356-25-016.02, 16.03, 16.04
20 - 14
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10
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ACI<NOWLEDGE~NT
~'
Sf ATE OF CALIFORNIA
COUN1YO~~ C(4.,r~
)
)
)
SSe
On f: / I 0 / 01
. I
B-r<-&. C,
, before rM, ~ Y"-U:; I ; f} c.c Q
(name and ti~e of officer), personally appeared
y-v? D.)C/-e.
who proved to me on the basis of satisfacto evidence to be the persons whose names
are subscribed to ~ instrument and acknowledged to me that they executed the same
in their ~uthorized capacities, and that by their. signatures on the instrument the
persons executed the instrument.
WITNESS my hand and official seal.
r-u-U~.i
" DE.vtMGUOCCO .
CommIIIIcln # l0t2H46
... Naby N1IIc . C<*omb
J _ _ _ ~~~;!~I
,---"I
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20 - 16
~
\.-
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ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTYOF ~cJhr~
)
)
)
SSe
On ~ - It." :J..d{) 'I , before me, ~(l S~J.t1 ~ ~
~ ' (name ~d title of officer), personally appeared
ixwiJ. LJ. ,~ .
who proved to ~e o~ the Uis of satisfactory evidence to be the persoIl$ whose names
are subscribed to this instrument ,and acknowledged to me that they executed the same
in their authorized capacities, and that by their signatures on the instrument the
persons executed the instrument.
WITNESS my hand and official seal.
.~J~\df
Signature of Notary
GMC:i IIC'HIa
~r """. .....
....,PubIo. ,,~..
"'CIID~
CaIIa....,.'1.
20 - 17
VICINITY MAP
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"RoPERT'r" UNE
~OT UHE
SETBACK UNf
~GE or PAIlEMENT
.OCA nON OF SANIT AllY SEYlER IIAIN
iANlTAIlY SEWER "'ANHOL(
.DCAnON or STORII DRAIN IIA1N
>TOR" DRAIN "'ANHOL(
lR!: HYDRANT
)CIST. FENCE UNE
1IUTY POL(
X15nNG loIONUIIENT
A1ER limP.
flAlNAGE INLET
REE TO BE REMDVED
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~
TREE LEGEI\'D
ci
II:
III
III
::>
III
I . I SpecIes I Cannon I11IIlIII .. t:unk dlam ~pecIm8n tree?! Acllon
-01 Quercus Ilg1irolia ....... IiYe oak 23 Yes S2ve
D2 QUlllCUSIoblde on.. ~~... ... 12.8 Ves Save
~ ~ .Q~iog:riro!''' CCUlIIYe oak . 20.2, 10.1 Yes DebatSblel Ramove
04 Q-.:usegrifoli8 .i:i.a.\.Jift.08Ji" '.".. ...,. ..."4:4---. ..-........Ne. Save". . .
!is. .:9~~~-~~a6a ~ .-- .~ .~~-&ii~- .. -. -. .... 1~.~ . -- .H__.y~ s.~
!J!i ..~ elJl1forl8 CD8S\ I!W ~ . '8.7 . No Sa""
'J'J Quercus agrifone COIIS1Iive oak 12 Yes Save
DB Quercus agrifolia .cout live oak '-4.6 No Save
oij c.;e,;;us'"iiii06a" '.'CoUiiiW'.iak' 11.9 'Yes .'o.~R~ov.
;0. Q~;glif" _j~.~" ~.7,a.a Ne. sM' .
'1 Quercus agrifDll& coast live oak 7.a No Save
12 Quert:USa~ ~liveaak 11.8 Yes Save
13 QullrCllS agrifolia CDlI8lllve oak 6.9, 7 No Remove
14 .Quercusaliiiolia. COHIliv. Oak . ~.3, .a:1 No R.in""" .
.15 QuW.s agri!ofl8 coesi ~ oak -4 No 'Re,;n.,."
~a. Qll.!'rcl!S.~ .. ~ live ~~. 6,.5.@ 2 f!. No .Re~
17 Quercus agrifolia coasllive oak "17 Vas Sava
18 Quercus agrilolia =r..t IiYe oak 20.2 Yes 0ebalabIeI RsmD\le
19 JugIans caJIfamica thndsI1 N. CaIil black walnuI 20.7 No RemlMl
20 . QuerCuseg.waiia .Coast'n.;..Oak' n 5.3 No RamoV.
21 n Pi"';;~~'. . .. .._.~~.. -. 9.2 N.;....R;~.;..
22 PinLis redIata Monterey pine -19 No Ramove
23 Pinus redlllla MonItIrey pIna -15 No Remo1/8
24 Quercus agrlfolia COUIIIYe oak 7.9 No RamD1/8
25 Pinus racf_ Monterey pIna 17.( No Remove
2B PinUs :n-r- MonIIny pi:le -19 No Remove
Xl QueraJSa~ COUlliveoak 1'4.4 Yes Ramow
. 2B Quercus agrlfoDa CDIUt live oak 21.4 Yes Remove
2Il QuBfCUS agriloDa coast IiYe oak 11.6 Vas Remove
30 Quercus agrflolia cout live oak 11, 8.2 Yas Debalabi.
31 Quercus agrifoflll CDllslIive oak S.B ~Jo Remove
32 Quercus agnfoIia coat live oak 8, 10.5 Yas Ramove
33 Quercus IlgrifoliIl CllUI he oak -9 No Remove
34 Quercus agrifolia cout .... oak "6.9, 4.8 N" f'.emove
35 QueraJS 8gI'IIDlia CDlIIIt live oak '3.2 Yes De_lei F!srno...
3B Quercus egrirofia COBBlIiY. Hk 10.2, 1-4.2 Yas DelH._ Remove
'Sf Qu....:uugriloli8&Q.ilex coutliveoak+hollyoa"11.7& (22@21l) Yes Remove
38 Ciospyros $p. persinrnon 5.1, H No Remove
38 Quercus Dex holy oak 9, a.8 No Debatable
4D QuercUs agrifolia _lYe oak 7.1 No Save
41 Quercus iIex holly oak S.l No o..batabIe
42 Quen:us egrllorl8 ~ live oak 14.5, 14.9, 1a Y.. Remove
43 Quercus agrifoJia CDIUt live oak 9.7 No Debatable
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BACKFIlL WiTH NA VE I
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IN SOILS REPORT
Signature
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30.
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.JOINT TRENCH DETAIL
(TYPICAL SECllON)
NOT TO SCALE
NOTE: USE PAVING SPEcs. FOR WATEr:. SEWER
CR STORIol CRAIN lllENCH FOR ARE..s RECUIRlNG
PAVEIoIEhT REPLACEIlENT.
GRADE
NATIVE BACKFILL COMPACTED
TO 95%.
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TRENCH
DETAil, NONPAVED AREAS
NOT Tel SCALE
EXISTiNG GRADE
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BACKFILL COMPACTED TO 95%~
" 6"
. ''''',-
SEWER. WATER
OR STOR\A DRAIN
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I.W T TO SCALE
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Exhibit
9 non-specimen
10, 13,14, 15, 16, 24,
31,33,34
)
---.~
-------
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1'"" k . b d'~
J oa~ trees!o e remove .
and replaced
6 specimen
Trees 3, 27, 28, 29, 32, 37
.....'-' ................., ~.................-' ~...I..l,. _..,I..'--"".~""-). t'.i..U!-",I.....LL)'
(specimen and non-specimen)
41,
40,
39,
( <10"
11,
9 non-specimen
difu-neter)
Trees 4,6,8, 10,
,
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:rees
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No replacements
needed
5 trees need to be replaced:
Lot 1 planted 2 trees.
Lot 2 needs to plant 4 trees.
(Lot 3 did not remove Tree 3)
~
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1 non-specimen tree
removed that should
have been saved
Trpp 4
;,;,
Lot 2 needs to replace 4
trees.
/1
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6 oak trees need to be
replaced:
Lot 2 = .5 trees
Lot :1 = 1 trpp
leed to be replaced:
placed Tree 42.
list replace Tree
list replace Tree
30.
4.
L
Q e.. ID J/ ~lo 1 -#-;;20
Grace Schmidt
From:
Sent:
To:
Cc:
Subject:
Ciddy Wordell
Tuesday, October 16, 2007 12:15 PM
Grace Schmidt
Steve Piasecki
FW: Request deferment of City Council agenda item #20, October 16, 2007
Please provide copies of this email to the City Council at their meeting tonight. Bret
Moxley is requesting a continuance and also describes his replanting plans. Thanks, Ciddy
Wordell
-----Original Message-----
From: Moxley.Bret@epamail.epa.gov [mailto:Moxley.Bret@epamail.epa.gov]
Sent: Tuesday, October 16, 2007 12:10 PM
To: Ciddy Wordell; ciddywordell@yahoo.com
Subject: Request deferment of City Council agenda item #20, October 16,
2007
Dear Ciddy:
I received your Fed Ex package on Friday October 12, 2007 containing the
notification of the City Council review (October 16, 2007) of tree
protection and improvements at my former property on Lindy Lane.
I would like to be able to attend this meeting, but am unable due to a
substantial work obligation. I do not for see any conflicts with my
attendance at a subsequent City Council meeting. consequently I request
the deferment of this agenda item until the next meeting which I will
gladly attend. If there is someone else that this request should be
directed to please let me know as soon as you can.
Additionally, I had previously made arrangements with the current owner
of Lot# 2 for the placement of 5 each 36" oak box trees in locations
that will not conflict with their intended house plans. I will plant
these trees in the next two weeks, prior to the next Council meeting.
Moreover there is a water meter at the property and thus the ability to
provide any necessary irrigation water to these trees.
Thank you for your assistance in this matter.
Sincerely,
Bret Moxley
1