88-047 Ralph Jack Thomas, Water Line Easement AgreementAGREEMENT
This agreement, made and entered into this day of ~~---
July ,1988 by and between the City of Cupertino, a municipal ----~~--
corporation of the State of California, hereinafter designated as CITY,
RALPH JACK THOMAS
hereinafter designated as THOMAS.
WIT N E SSE T H
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WHEREAS, THOMAS is the owner of real property, more particularly
described as A.P.N. 357-~9-48 as shown on attached Exhibit A; and
WHEREAS, The CITY is installing a water line which requires a
water line easement through the THOMAS property on Imperial Avenue
as more particularly described in Exhibit B attached hereto;
NOW, THEREFORE, the parties agree as follows;
1. THOMAS shall grant to the City of Cupertino a 10 foot wide
water line easement for the construction of the water line as shown
iil EAhibit D. Said grant of easement shall be on a form prepared
by the CITY.
2. THOMAS shall keep the area where the easement is located free
and clear of any additional improvements until September 1, 1988.
3. CITY shall not allow the contractor to store any equipment
or material on the THOMAS' property.
4. CITY shall have a contractor pave THOMAS' driveway;
approximately 1450 sq. ft. with asphalt concrete.
5. CITY will not allow the contractor on the project to leave
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on the project to leave an opening in the fence, at the end of Imperial,
overnight. If necessary, the contractor shall place temporary fencing
over the opening to close the fence.
6. CITY shall have the contractor on the project take precautions
required to control dust and debris during construction.
7. All work shall be completed between June 20, 1988, and
September 1, 1988.
8. If the work is not completed as specified, CITY will pay
reasonable, liquidated damages in the amount of $50 per day. The
provisions of this paragraph do not apply to delays caused by the acts
of THOMAS or THOMAS' agents, acts of God, or other actions beyond
the control of the CITY.
9. CITY shall save, keep, and hold harmless THOMAS from all
damages, costs, or expenses, in law or in equity, that may at the time
arise or be set up because of personal injury or damage to property
sustained by any person or persons by reason of, or in the course
of the performance of said work, or by reason of any infringement or
alleged infringement -0£ the patent rights of any person or persons,
firm or corporation in consequence of the use in, on, or about said
work, of any article or material supplied or installed under this
AGREEMENT. Notwithstanding, the above, CITY shall, wherever it is
necessary, keep and maintain at its sole cost and expense during the
CourSe of the operations under this AGREEMENT, such warnings, signs,
and barriers as may be required to protect the public. The provisions
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of the preceding sentence shall not impose any liability upon THOMAS
and are for the express benefit of the general public.
Approved as to Form:
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," ,
I <v ...... ·,r.; " RALPH JACK THOl1AS
ATTEST:
~~cd';,---
City, Clerk
STATE OF CALIFORNIA, )
) 55,
COUNTY .:::0 \'Jic, C\Ct 0\ )
APPROVED:
, 1988, before me, the undersigned,
a Notary Public in and for said State, personally appeared RALPH JACK
THOMAS, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within Instrument, and acknowledged to me that they
executed the same~
WITNESS my hand and official seal.
OFFICIAL SEAL
D:BORAH C BONFIELD
r!01M;:Y "VELIe -CA1.!P'ORN1A
SAiiT,~ CU\R'A COUNTY
My comra. expires DEC 6, 1991
Notary Public in
said State
LEGll DESCRIPTION
VATER LINE E.l.SEKENT
Job /10. 87268
EXHIBIT A
Being all that real property situate in the City of Cupertino, County of santa
Clara. state of California described as follows:
Being a Water Line Easement 10.00 feet in width the centerline being more par-
ticularly described as fo11~~s;
Beginning at the southwesterly corner of Parcel Two as shown upon that certain
Record of Survey recorded in Book 111 of Maps at Page 39, santa Clara County
Records;
Thence South 890 49' 50" West along the westerly prolongation of the southerly
line of said Parcel Two, 17.00 feet to the TRUE POINT OF BEGINNING;
Thence North 000 21' 11" West along a line parallel with and distant westerly
17.00 feet, measured at right angles from the westerly line of said Parcel
Two, 103.82 feet to the terminus of the above described centerline.
Date
_ ~/!t:-___ _
Richard T. Kier, L.S. 3470
License Expiration Date: 6-30-88
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EXHIBIT B
DATE
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