88-028 Chua Lin, Encroachment Permit, Resolution No. 7478! .' i> '
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, 1N0 FEE IN ACCORDANCE
WITH 60V CODE 610S
R~turn to:
,City of Cupertino
.,10300 Torre Avenue
"€upertino. CA 95014
NO FLE
AGREEMENT REGARDING
ENCROACHI,IENT PERMIT
9982648
K 823PAGf20 O~
-of!,.
This Agreement made and entered into this Z~ day
of Nov 1987, by and between the City of Cupertino, a
municipal corporation of the State of California,
hereafter designated as City, -and CWA LI"-l ,
hereafter designated as Owner.
WIT N E SSE T H
WHEREAS, Owner is the owner of certain real
property known as 22213 &UlI!)T~/,Jo CT., APN No.
more particularly described as:
ALL of Section 97 as designated "Map of
Point, Monta Vista", recorded in Map Book
Santa Clara County Records.
Pl.at Attaclled·
Inspiration
"P" at page 18, .." '" (/)' , 'i;;" ~ --.,...
l" d % "'" :::i ~ -...., ~,~ -:2 ·0 0:> r-".. _ u:::> z '" " ... ",... C> ~f9C'~ ~ ~ 9-~ c..D "r'I. g:re, 0'\ " m "'" ;II ~ 1'\;<> ..p. :;;, ;n 111 w ~, (}l (Tl r:D
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WHEREAS, the City is the owner of a right-of~~ _ ~o
which runs over Owner's real property and which is ~~d~ ~
by the City for future roadway purposes parallel to tfle
existing Stevens Creek Boulevard. Said City's
right-of-way is delineated in a Tract Map, a copy of
which is attached to this Agreement, and
WHEREAS, City has no present use for said
right-of-way it owns and and Owner wishes to utilize
said right-oi-way on a temporary basis, and
WHEREAS, Owner has made application to City for an
encroachment permit to construct and maintain certain
temporary improvements within said right-of-way and City
wishes to allow Owner to utilize said right-oi-way on a
temporary basis, but also wishes to retain the right to
utilize the right-of-way for roadway purposes in the
future.
NOW, THEREFORE, it is hereby agreed between the
parties as follows:
1. The City agrees to issue its standard encroach-
ment permit to Owner to construct and maintain temporary
improvements under the conditions and restrictions con-
tained herein.
OHiGINAL
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~823p[;GE2004
2. All improvements constructed or maintained by
Owner on City's right-of-way shall be temporary in
nature (e.g., fences, decks.) No permanent structures
including, but not limited to, buildings, swimming
pools, sidel'lalks, or tennis courts shall be permitted.
3. No improvements of any type shall be construct-
ed or maintained closer than ten (10) feet from the top
of any slope which overlooks Stevens Creek Boulevard.
4. During the term of said encroachment, Ovmer
shall hold City harmless from any claim made by any
person, including Owner, for personal injury or property
damage resulting from the Owner's use of said
right-of-way including, but not limited to, claims
resulting from land subsidence, earthquake,
avulsion, accretion, erosion, flooding, or other
dangerous condition. Owner agrees that in the event of
any claim by any third party is made against City
regarding Owner's use of said right-of-way, Owner shall
indemnify and defend City with respect to said claim.
6. Owner agrees to add City as an additional
insured on its homeowner's liability policy which shall
be for a face amount of at least $ 1.000.000.00 and
shall provide City with a copy of said policy together
with all endorsements thereon. Owner agrees to maintain
liability insurance in said face amount with City as an
additional insured during the entire period of the
encroachment permit.
7. Said encroachment permit may be revoked by
City at any time for any reason upon 30 days written
notice. Upon receiving notice of revocation issued by
City, Owner shall, at its sole cost and expense, remove
all improvements within the City's right-of-way. If
Owner fails to remove said improvements within the 30
day notice period, City may enter Owner's property and
remove said improvements and bring civil action against
the Owner for recovery of its costs of removal. In the
event that such a civil action is brought to recover
costs of removal, City may recover its legal costs
including reasonable attorney's fees from Owner or
Owner's successor-in-interest.
8. This Agreement binds the parties, their heirs,
administrators, executors, successors, assigns, and
their successors in interest. This Agreement is
intended to be a covenant running with the land of the
Owners and shall be recorded in the Office of the County
Recorder of the county of Santa Clara, State of
California.
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SIJ.f:LrB CLf/f<.fI} 55. ,flfL-e-;v K, YI'9z-e£ County of
the undersigned Notary Public, personally appeared
!' ~! • 1= E IPftjj~.~~~~/lIC!l_D personally known to me e "it ~ t3 OFFICIAL SEAU ~ proved 10 me on the basis of satisfactory evidence
~,~ g Nor H£LEN 1(, YATES 10 be Ihe person(s) whose name(s) 1ft;: subscribed 10 the
GlI,II ~:1~~=~t jWilhinlnstrumenl,andacknOWledgedth~ /Ie-executedH. ~ j . CDmmltslon &pim May 10, 1991 ~ WITNESS my hand and ollieial seal.
~~~~~/lIC!lQ:0/l1C!lQ:0& I14-v £. ~
Notary's Signature?
GENERI\L ACKNOWLEDGMENT FOAM 11l0OSZ
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K823PAGF2005
IN WITNESS WHEREOF, City has caused its name to be
hereunto affixed by its Mayor and City Clerk, thereunto
duly authorized by resolution of the City Council and
said Owner has hereunto caused his name t.o be affixed
the day and year first above written •. ,,(,)~, " {.~;i.~:;rf;:$i.%:~
CITY OF CUPERT'IN0"~ . 'J~~,,:":jli:.~·'~'~w ~ " ;t." ~~r";;. r "7ct~~~;'/ ,.....r..l\tJ ;--""~c-';l1!.~~tr">·· ~t " ., , :-' .".
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By:
All signatures require notary acknowledgment.
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K823PAGE2007
RESOWl'ION NO. 7478
A .'RESOWl'ION OF 'lllE crr':l a:xJNCIL OF 'lllE crr':l OF ClJFERI'INO
AIJ'IHORIZm:; EXECUI'ION "1\GREEMEN'.r REXiAlIDm:; ENcmAOlMENT
PERMlT" BE'IWEEN'lllE crr':l AND aruA LIN :roR'lllE ENcmAOlMENT
INl'O crr':l FroP.ERl'1 :roR TEHOORARY USE -S'lEVENS CREEK roJI:EV'Al<D
WHEREAS, the city of CUpertino is the Cl'Nl1er of a right-of-way, which
is held for future roadway p.u:poses parallel to the existin;r stevens Creek
Boulevard, which right-of-way is adjacent: to the property of Chua Lin,
hereafter designated as "OI4ner"; an:l
WHEREAS, CMner has applied to the city for the use of the
aforementioned right-of-way or! a ten'p:lrary basis; an:l
WHEREAS, there has been presented to the city council an "1\greement
Regal:din;,t Encroac:hnYant Permit", an:l the terrnsan:l conditions of said
agreeroont haV:\.n;J been approved by the Director of l\Jblic Works an:l the
~ity Att:omey:
NCM, 'IHE:REFORE BE IT RESOLVED, that the city COO:ncilof the city of
OJpert:i.no hereby appt"Oll'es the ag!eE!Ilalt an:l authorizes the Mayor an:l the .
City Clerk to execute said agreeusut in behalf of the City of OJpertino.
BE IT FURIHER RESOLVED that said a~ shall be recorded with the
COUnty Reoorder's office.
PASSED AND ADOPl'ED at a
City of OJpert:i.no this 2nd
follcw:\.n;J vote:
regular ~ of the City Council of the
day of May , 1988, by the
vote
AYES:
Members of the city Cgmcil
Johnson, Koppel, Plungy, Rogers, Gatto
NAYS: None
ABSENT: None
AESTAlN: None
ATI'FSI':
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lsi Dorothy Cornelius lsi John M. Gatto
City Clerk Mayor, City, of CUpertino
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