89-126 Kaiser Cement Corporation for Linda Vista Park Storm Drain, Reso 7854 CitM of Cuperti»o
10300 Torre Avenue P.O. Box 580
Cupertino, California 95014 Cupertino, California 95015
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
June 26, 1989
Paddy Bishop
Kaiser Cement Corporation
P. O. Box 8019
Walnut Creek, CA 94506
r.
EASEMENT. ACQUISITION AGREEMENT, KAISER CEMENT CORPORATION - LINDA VISTA
PARK STORM DRAT
Dear Mr.Bishop:
We are enclosing to you for your files one (1) copy of the Agreement by
and between the City of Cupertino and Kaiser Cement Corporation,
hereinafter designated as Kaiser which has been fully executed by City
Officials, along with one (1) copy of Resolution No. 7854, which was
enacted by the City Council of the City of Cupertino, at their regular
meeting of Monday, June 19, 1989.
Sincerely,
DOROTHY CO
CITY CLERK
C TTY OF CUPERTINO
DC/so
encl.
cc: .DeparbTent of Public Works
1
RESOLUTION NO. 7854
A RESOITTT'ION OF THE CITY COUNCIL OF THE CITY OF CUPE'RTINO
AUTHORIZING EXECUTION OF AGREEMENT WITH MISER CEMENT
CORPORATION PROVIDING FOR THE CITY OF CUPERTIM TO INSTALZ
DTRWEMM TO STORK MAIN INLET, WESTERLY OF LINDA. VISTA DRIVE
WBEREAS, there has been presented to the City Council an agreement
between the City of Cupertino and Kaiser Cement Corporation providing for
the City to install improvements to a storm drain inlet which requires
encroachment on Kaiser Cement Corporation's property; and
WHEREAS, the terms, conditions, and previsions of said agreement have
been reviewed and approved by the Director of Public Works.
NOW, TARE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby approves the aforementioned agreement and authorizes the
Mayor and the City Cleric to execute said agreement in behalf of the City
of Cupertino
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 19th day of June 1989, by the following
vote:
vote Members of the City Council
AYES: Gatto, Johnson, Koppel, Rogers, Plungy
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/ Rnherta A_ Wolfe 1sl John J. Plungy, Jr.
Deputy City Clerk Mayor, City of Cupertino
AGREEMENT
r�h
This agreement , made and entered into as of the day
of "4t/ 1989, by and between the City of Cupertino, a
municipal corporation of the State of California, hereinafter
designated as "City" , and Kaiser Cement Corporation, hereinafter
designated as "Kaiser" .
W I T N E S S E T H
WHEREAS, Kaiser is the owner of real property, more
particularly described as A. P. N. 356-5-7 as shown on Exhibit
"A" , attached hereto and by this reference made a part hereof;
and
WHEREAS , the City is installing improvements to a storm
drain inlet which requires a storm drain easement and temporary
construction license on the Kaiser property as more particularly
described in Exhibit "B" attached hereto and by this refernce
made a part hereof;
NOW THEREFORE, the parties agree as follows :
1 . Kaiser shall grant to City a 60 foot wide storm drain
easement and a temporary construction license for the
construction of storm drain inlet improvements as shown in
Exhibit "B" . Said grant of easement shall be on a form prepared
by the City and acceptable to Kaiser.
2. City recognizes and confirms the existence of a
non-exclusive easement in favor of Kaiser for ingress and egress
to its adjacent property, including but not limited to the
. e
property subject to the easement to be granted by Kaiser to City
for storm drain purposes , over and across Parcel B as shown on
that certain record of survey, recorded in Book 237, Page 1 ,
Santa Clara County records .
3. City shall allow the relocation of the storm drain
inlet and facilities by Kaiser at Kaiser' s expense, with the
City' s approval of design, if in the future Kaiser requests
relocation of said storm drain inlet and facilities .
4. City shall have a title company confirm and insure all
easements referred to in this Agreement .
5. City shall indemnify and save, keep, and hold harmless
Kaiser from all damages , costs or expenses, in law or in equity,
that may arise or occur because of personal injury or damage to
property sustained by any person or persons ( i) in consequence
of their or its presence in, on, or about any work or activity
on Kaiser' s property performed or carried out under this
Agreement, the grant of easement referred to in Paragraph 1 .
hereinabove, or the temporary construction license referred to
in Paragraph 1 . hereinabove, or (ii) by reason of any
infringement or alleged infringement of the patent rights of any
person or persons, firm or corporation in consequence of the use
in, on, or about said work, or any article or material supplied
or installed under this Agreement. Notwithstanding the above,
b
City shall , wherever it is necessary, keep and maintain at its
sole cost and expense during the course of the operations under
this Agreement , or under the easement or temporary construction
license referred to hereinabove, such warnings , signs and
barriers as may be required to protect the public. The
provisions of the preceding sentence shall not impose any
liability upon Kaiser and are for the express benefit of the
general public.
This Agreement shall bind the heirs , administrators ,
executors , successors, assigns and transferees of City and of
Kaiser. It is agreed and understood that this Agreement shall
be filed for record in the Office of the County Recorder of the
County of Santa Clara, State of California, and that the
covenants in this Agreement shall run with the land and are for
the benefit of the other lands of the City and of Kaiser.
KAISER CEME .
a
By:
Tit le: Vice President - Manufacturing Services
ATTES APPROVED :
City Cler M or 0
City of rtino
APPROVED AS TO FORM:
City Attorney
STATE OF CALIFORNIA )
° /J ) ss
COUNTY OF l�on/TRA CoSTH )
On this day of 1989, before me,
a Notary Public, State of California, duly licensed and sworn,
personally appeared M J . 81SHOP
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person who executed the within
instrument as Vice PREsrbErJT- m"yCocTykwro s62y/CES'
or on behalf of the corporation therein named and acknowledged
to me that such corporation executed the within instrument
pursuant to its bylaws or a resolution of its board of
directors .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal in the CITY Or W,+knll/T Ge6611- , County of
ro"rr" C'_msr�t , on the date set forth above in this
Certific e.
W� My Commission expires :
N r y Public
OFFICIAL SEAL
ss SANDRA P. WATSON
NOTARY PUBLIC-CALIFORNIA
o ALAMEDA COUNTY.
My Comm.Expires June 27,1989
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GUPERTINO CAL-II='oRN 4A.
A. P.N, '6 ,5(c - 5 - 7 MAR6H 19989
EXHIBIT "A"
GRANT OF EASEMENT
STORM DRAIN PURPOSES
KAISER CEMENT CORPORATION, an Arizona corporation,
hereinafter called "Grantor" , hereby grants to the City of
Cupertino, a municipal corporation, hereinafter called
"Grantee" , the right to excavate for, install , replace (with one
of the same or larger size than initially installed) , maintain
and use for storm drain purposes as Grantee shall from time to
time elect within the hereinafter described property situated in
the City of Cupertino, County of Santa Clara, State of
California, and described as follows:
(Description attached)
This Grant of Easement is subject to the hold harmless
provisions and all other terms and conditions of that certain
Agreement by and between Grantor and the City of Cupertino of
even date herewith.
IN WITNESS WHEREOF, said Grantor has executed this Grant of
Easement this day of , 1989.
KAISER CEMENT CORPORATION
By:
Title:
EXHIBIT "B-1"
DESCRIPTION
STORM DRAIN EASEMENT
(KAISER CEMENT & GYPSUM CORPORATION)
ALL that certain real property situate in the County of Santa Clara, State
of California, more particularly described as follows:
Being a portion of Parcel Two as conveyed to Kaiser Cement & Gypsum Corporation
by Grant Deed dated Nay 15, 1968 and recorded in Book 8122 Page 556 of Deeds,
Santa Clara County Records, more particularly described as follows:
Commencing at the northwest corner of Parcel B as shown on that certain record
of survey, recorded -in Book 237, Page 1, Santa Clara County Records, thence
south 90 33' 53" west 60.00 feet to the true point of beginning;
Thence from said true point of beginning south 800 26' 07" east 140.00 feet
along the southeasterly line of said Parcel;
Thence south 90 33' 53" west 60.00 feet;
Thence north 800 26' 07" west 140.00 feet;
Thence north 90 33' 53" east 60.00 feet to the true point of beginning.
Containing: 8,400 ± S.F. more or less or 0.19 *- acres
A.P.N. 356-5-7
EXHIBIT "B-2"
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PLAT TO AGGOM PAN Y
LEGAL DESCRIPTION
(KAISER GEMENT6. C�YPSU fA CORPORATION )
Ci RANT OF EASEMENT
STORM DRkt-4 PURPOSES
eUPER71N0 GALIFOKNIA
A.P. N. 356 - 5 - 1 MARLH 1909
EXHIBIT "B-3"
TEMPORARY CONSTRUCTION LICENSE
WHEREAS, the City of Cupertino, a municipal corporation of
the State of California, hereinafter called "CITY" , is about to
have constructed certain public storm drain improvements in
Linda Vista Park in the City of Cupertino, known as Linda Vista
Park Storm Drain, Project 88-6014; and
WHEREAS, Kaiser Cement Corporation, hereinafter called
"Owner" , is the owner of real property adjacent to Linda Vista
Park, which property is more particularly delineated on Exhibit
attached hereto and by this reference made a part hereof:
Owner hereby grants to City, its officers, agents ,
contractors and employees a temporary construction license as
delineated on Exhibit "A" , West of Linda Vista Drive, for the
construction of storm drain facilities including but not limited
to drainage inlets , berms and trash barriers. Said license
shall expire when the construction of such public storm drain
improvements have been accepted by the City Council or on
December 31 , 1989, whichever comes first .
This Temporary Construction License is subject to the hold
harmless provisions and all other terms and conditions of that
certain agreement by and between Owner and the City of Cupertino
of even date herewith.
Dated: Owner: KAISER CEMENT CORPORATION
By:
Title:
EXHIBIT "B-4"
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TEMPORARY GONSTRUY-YTION
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LUPERTINO CALIF"ORt-lIlk
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'.-35(.o - 5 - 7 MARCH 1999
EXHIBIT "B-5"