02-033 Stevens Canyon Rd. purchase of property rights (unsigned)RESOLUTION NO. 02-069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AN AGREEMENT FOR PURCHASE OF
PROPERTY RIGHTS BETWEEN THE COUI`lTY OF SANTA CLARA AND THE CITY
OF CUPERTINO AND AUTHORIZING PAYMENTS FOR EASEMENTS AND
PROJECT MANAGEMENT
WHEREAS, on November 19, 2001 Ci~:y Council awarded the contract for Street
Widening for Stevens Canyon Road; and
WHEREAS, as part of this project the City must construct a retaining wall along the
County of Santa Clara's Stevens Creek Park's property; and
WHEREAS, an agreement is required for the City to acquire easements and an additional
cost for the County's administration of this acquisition is necessary to complete this project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby authorizes the Mayor to execute said "Agreement For Purchase Of Property Rights" on
behalf of the City of Cupertino and authorizes payment of $1,400 for easements and $18,147 for
project management to the County of Santa Clara.
BE IT FURTHER RESOLVED THAT the City Council hereby authorizes the use of
General Fund monies in the amount of $20,000 t~~ be transferred to the Stevens Canyon Road
Widening Account 270-9430 to cover the costs for acquisition of easements and administrative
work for project management.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15`t' day of April, 2002, by the follo~~ving vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk
Mayor, City of Cupertino
/ 5-3
f~ARK: Stevens Creek
I~ROJECT: City of Cupertino -Stevens
Canyon Road Right-of-Way,
Construction & Restoration
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS
This is an Agreement between the COUNTY OF SANTA CLARA (COUNTY)
and the CITY OF CUPERTINO (CITY) for CITY'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 Canyon Road to enhance the safety of
pedestrians and bicyclists. The project includes widening the Stevens
Canyon right-of-way, construction of a retaining wall and drainage facility,
and restoration of parklands affected 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 F~roposed compensation and bicycle and
pedestrian improvements are subst~~ntially 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. The 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 COUNTY, and COUNTY agrees to sell to CITY,
the following real property:
736 s.f. Right-of-way easement des~:.ribed in Exhibit B.
385 s.f. drainage easement describE~d in Exhibit C.
3044 s.f. construction and 8871 s.f. access permit described in Exhibit D.
The total purchase for the right-of-away, drainage easement and the
construction and access permit will be On~° 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 ($310.01)). The construction and access permit
fee will be $500.00.
In addition, CITY shall reimburse CC)UNTY 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 15 y
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS -Page 1 of 19
execute the Agreement unless extended by mutual written agreement.
3. DELIVERY OF DOCUMENTS
COUNTY shall execute and deliver the Right-of-Way Easement, Drainage
Easement, and Construction & Access Pern'iit (Documents) to the CITY when CITY
has delivered the total purchase price of $].9,557.00 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, dannage, 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 ANID 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 transactions contained in it.
b. Good Title -COUNTY has and shall have at transfer of title good,
marketable and indefeasible fee simF~le title to the Property. Such title
shall be free and clear of all liens and encumbrances.
6. HAZARDOUS MATERIALS
COUNTY warrants and represents th2it it has disclosed to CITY in writing all
the information it has on the prior or existing presence, storage, disposal or
release of any hazardous substances on th~~ 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 PERM:[T
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 CITY starts any construction using
parklands, CITY shall submit landscaping plans for the COUNTY property
next to the proposed retaining wall t~~ COUNTY for review and approval.
COUNTY shall have 15 days to review and comment on the plans. CITY
may not proceed with construction oin 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.
b. Improvements. Where necess;~ry, improvements in~the Construction
& Access area will be removed by CITY. 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, which payment shall be in addition to the ~ ~ 5
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS -Page 2 of 19
purchase price for the Property set forth above.
c. Laws and Permits. All work performed by CITY in the Construction &
Access Permit area shall conform to 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 Occupancy. If CITY occupies the Construction &
Access Permit area beyond the specified time period, CITY shall make
payment to COUNTY for the additional time on the same basis of
valuation within 30 days after the cl~~se of CITY's use of the area.
8. RETAINING WALL MAINTENANCIE
CITY shall be solely responsible for the maintenance and cleaning of graffiti
or discoloration on the retaining wall to be 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 right to proceed with clean up measures
and bill CITY for COUNTY's costs plus a $100.00 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 amlendments or contracts needed to
facilitate the implementation of this Agreement:
This Agreement is executed on the latest date shown below.
COUNTY OF SANTA CLARA
CITY OF CUPERTINO
Donald F. Gage, Chairperson Richard Lowenthal
Board of Supervisors Mayor
Date: Date:
Attest: Attest:
Phyllis A. Perez, Clerk Kirnberly Smith
Board of Supervisors City Clerk
Date: Date:
Approved as to form and legality: Approved as to form and legality:
Kathryn A. Berry Charles Kilian
Deputy County Counsel - City Attorney
Date: Date: ~5-~
AGREEMENT 1=0R PURCHASE OF PROPERTY RIGHTS -Page 3 of 19
EXHIBIT A
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a ~- GRADMIG PLAN ON COUNTY PARK PROPEitTY ~y~~~(~~m~ ~.M~ 8
:.:.. e ~ PPIOJECT NO. 9d-120 •w-• . ••~•• . ~• •v° ~-~~ rw
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AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS -Page 4 of 19
EXHIB:[T B
When recorded, return to:
County of Santa Clara .
Parks & Recreation Department
298 Garden Hill Drive .
los Gatos, CA 95032
Record without fee under Sectlon 6103 California 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, St;~te of California, described on the attached
Exhibits A-1 and A-2, under the following conditions:
1. Indemnity -CITY shall indemnify, defend and Fiold 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 the 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, 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 easement; COUNTY shall reimburse CITY the $600
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. Gage 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 signature on the instrument, the person or the entity
upon behalf of which the person acted executed the instrument.
Notary Public ~ 5-8
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS -Page 5 of 19
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 Book'742of Maps at pagesZ3-2]~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 TRi:B 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" 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 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?.
This description was prepared by me or under my direction in conformance with the Professional Land Surveyors
Act.
Billy l~iartin, LS 5797
License Expires 6/30/2(
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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
;<AIS~ rJ ~F.~~l~ I~rr
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STEVENS C~~NYON ROAD
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O~ POB _~ - MONUMENT t_INE ~ - ~~ _
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TPOB 736 sq. ft. t
7241 OR 721 C JrjJ~^I I
COUNTY OF ~~~ 1~~~. ~~)J~f3~3
SANTA CLARA
237 MAPS 9
BEARING 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 ~ 540 Price Avenue STEVENS CANYON ROAD, CUPERT I NO
co»su~ii»o c»a~»cc»s 650W482 C6300 A 94063 Job No. 990204
650/482-6399 (FAX) BY ~ Date 08 14 O1 Chkd. ML
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LEGEND
-- - - - PROPERTY LINE
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-- - - - - MONUMENT LINE
OR - OFFICIAL RECORDS
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AGREEMENT FOR 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
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 ~~nd 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. Excep1:ed 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 E:xhibitsA-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, them 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 easerent; COUNTY shall reimburse CITY the $310
purchase price within 45 days.
Dated:
State of California )
County of Santa Clara ) ss.
Donald 1=. Gage Chairperson
On , 2002, before me, a Notary Public in
and for said State, personally appeared Donald F. Gaoe ~Nho proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to 1:his 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.
Notary Public
/5-/i
AGREEMENT 1=0R PURCHASE OF PROPERTY RIGHTS -Page 8 of 19
DRAINAGE EASEMENT
Exhibit A-1
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All that real property situate in the City of Cupertino, County of Santa Clara, State of California,
being a portion of the pazcel as described in that cert;rin 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 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~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 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 azc 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 pazcel, said point being the TRUE POINT
OF BEGINNING.
Thence leaving said northwesterly line, South 21°35'i~6" 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's.
This description was prepared by me or under my dGrection in conformance with the Professional
Land Surveyors Act.
Billy Martin, LS 5797
License Expires 6/30/2004
K
Park: Stevens Creek
Project: Stevens Canyon Road
APN: 351-10-27
Dated: ~,v~ 2`/ ~/
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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 o B'_ 5 66 4'1' _wi
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LEGEND
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COUNTY OF SANTA CLARA
7241 OR 721
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DRAINAGE EASEMENT
3E35 sq. ft.
PROPERTY LINE
EASEMENT LINE
MONUMENT LINE
OFFICIAL RECORDS
POINT OF BEGINNING
TRUE POINT OF BEGINNING
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_ No. 5797 _QI
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
Bryn Kan~s Failc 540 Price Avenue STEVENS CANYON ROAD. CUPERT I NO
Redwood City, CA 940E3 Job No. 990204
COY[YliiYt [YCIY[[\• 650/482-6300
650/482-6399 (FAX) By KT Dote 09 20 O1 Chkd. M~_
SHEET 1 OF 2
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AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS -Page 10 of 19
EXHIB:[T 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 1the 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. COUIVTY 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 day:, CITY's plans shall be deemed
approved. COUNTY shall not unreasonabl~,r 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. CONSTIRUCTION
1. PRE-CONSTRUCTION MEETING
CITY shall notify COUNTY's Construction Manager Mohamed Assaf (Project
Manager) (408) 355-2208; Fax (408) 35>-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 al'I 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 Duffers extending one foot beyond drip
lines around existing native trees and ade~auate to protect existing sensitive ~5 ~~
resources. CITY shall obtain the Project Mlanager's prior approval before
AGREEMENT FJR PURCHASE OF PROPERTY RIGHTS -Page ii of 19
trimming or removing any existing trees. (COUNTY policy requires that trees of
12" or greater diameter or 20' or higher snot be removed without a scheduled
public hearing before the COUNTY's Board of Supervisors.)
5. SIGNS
CITY shall install and maintain information signs as directed by the COUNTY's
Project Manager before the start of and dluring 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 tt~e above requirements.
CITY shall install additional signs within 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 ~~amages 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. St kin4 -CITY shall stake the Permit area before the start of construction.
COUNTY's PROJECT MANAGER shall gave the right to inspect and approve
the staking before the start of construction.
b. Plant Markin4 -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 Fencin4 -CITY shall insi:all reflective construction fencing and
traffic cones at all work locations and maintain them in place until CITY
completes construction, removes all iaterial and equipment, and COUNTY
approves and accepts the restoration of park property..
e. Flag4ers -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 Tr~iil to be closed for construction of the
retaining wall and drainage facility. (~ITY 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 for the COUNTY's Project Manager's
approval 72 hours before such measures may be needed.
i. No Staging -CITY shall not use any C:OUNTY property for a staging area.
j. Debris Removal -CITY shall remove ~~II debris and hazardous materials
resulting from the CITY's operations t:o a legal dumpsite.
k. No Gradin4 -CITY shall not grade arn,r park property, except for the
realignment of the Rim Trail as designated by the COUNTY's Project / S-/ ~
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS -Page 12 of 19
Manager.
7. CONSTRUCTION HOURS AND SCHEDULE.
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 request permission for trimming any trees
from the Project Manager at least 72 hours in advance. COUNTY'S maintenance
staff may perform any permitted trimmirn~.
9. COUNTY APPROVAL OF CONSTRUCTION DOCUMENTS.
COUNTY has reviewed and approved the construction documents to date.
COUNTY shall have the right to approve all 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 Manager 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. Construction shall not proceed without the
Project Manager's written approval of the documents.
III. RESTI~RATION
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 review and approve repairs or restoration
at his discretion. Other conditions for restoration are as follows:
a. Landscaping Plan -CITY shall provide Project Manager with a landscaping
plan for the area affected by CITY'S c~~nstruction. 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 shall restore the COIINTY's Rim Trail to its original or better
condition according to the plans appr~~ved by the COUNTY's Project Manager.
After restoration, CITY shall provide COUNTY with as-built drawings of the
approved restoration.
/ 5-/~
AGREEMENT PAR PURCHASE OF PROPERTY RIGHTS -Page 13 of 19
IV. GENERAL I~ROVISIONS
1. REVOCATION
COUNTY may only revoke this Permit for CITY's breach of its conditions. If
CITY breaches this Permit, COUNTY shall dive 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 this Permit, CITY shall remove all
equipment and materials immediately frorn COUNTY's property and leave the
property. CITY shall leave COUNTY's proF~erty 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 gr~jffiti 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 right to proceed with clean up measures
and bill CITY for COUNTY's costs plus $101).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 exE~enses, 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, /5 ~ ~
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS -Page 14 of 19
employees, or contractors of the Permit Area.
CITY's assumptions of risk and inden'inities stated in this Paragraph 7 shall
not extend to those portions of loss or damages caused by COUNTY's
comparative negligence or willful misconduct.
7. INSURANCE
CITY shall ensure that its contractors maintain in full force and effect
comprehensive automobile and general li~jbility 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 otFier insurance maintained by COUNTY,
its officers, agents and employees, shall tie excess only and not contributing with
insurance provided under said CITY insur~jnce.
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 reasonat~le compensation for any damage not
repaired through CITY's restoration of affE~cted areas caused or allowed by CITY
while exercising the rights and privileges ~~ranted under this Permit.
9. NOTICE
CITY shall provide any notice required under this Permit to the COUNTY's
Project Manager Mohamed Assaf (Tel. 40f3-355-2208 -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 o1` 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, 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.
/ S /~
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS -Page 15 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 Claza, 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 filed on c~;,,,,~, 2001 in Book ~¢2 of Maps at pages 2 3
through 2 ~ ,said county records;
lfience along said monument line South 66°48' 16" V~~est, 77.47 feet;
Thence leaving said monument line at right angles :iouth 23°11'44" East, 33.00 feet to a point on the
northerly line of above said parcel, said point being th.e TRUE POINT OF BEGINNING;
Thence along said northwesterly line, North 56°19'35" 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 f~:et, 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 TRiJE POINT OF BEGINNING.
Containing an azea 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=4.
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/:
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l 5-ao
AGREEMENT FUR PURCHASE OF PROPERTY RIGHTS -Page 17 of 19
PARK:
PROJECT:
APN:
CONSTRUCTION 8c ACCESS" PERMIT
EXHIBIT A-1 -Construction Area
Stevens Creek
Stevens Canyon Road
351-21-9 8c 351-10-27
P Ail A P S 1 0
G ND
- - - PROPERTY LINE
- - - - EASEMENT LINE
-- -- - MONUMENT LINE
OR -OFFICIAL RECORDS
POB - POINT OF BEGINNING
TPOB - TRUE POINT OF BEGINNING
T.C.E. - TEMPORARY CONSTRUCTIOPJ
EASEMENT
MONUMENT LINE
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/ SANTA CLARA 15294858
7241 OR 721
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. 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.
~n ~ 540 Price Avenue _ STEVENS CANYON ROAD, CUPERT 1 NO
Redwood City, CA 940153 Job No. 990204
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AGREEMENT F1~R PURCHASE OF PROPERTY RIGHTS -Page 18 of 19
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CONSTRUCTION $~ ACCESS PERMIT
EXHIBIT B - .Access Area
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(650) 482-6300 Fox (650) 482-6399 Job No. !190204-10 Dote O1 28 02 Sheet 1 of i
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS -Page 19 of 19
/ 5-ZZ
RESOLUTIOr1 NO. 02-070
A RESOLUTION OF THE CITY COUl\"CIL OF THE CITY OF CUPERTINO
EXECUTION OF A CONSTRUCTION AIVD ACCESS PERMIT BETWEEN THE
COUNTY OF SANTA CLARA TO THE CITY OF CUPERTINO
WHEREAS, on November 19, 2001 City Council awarded the contract for Street
Widening for Stevens Canyon Road; and
WHEREAS, as part of this project they City must construct a retaining wall along
the County of Santa Clara's Stevens Creek Park's property.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby authorizes the Mayor to execute said "Construction and Access Permit"
on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15~' day of April, 2002, by the fallowing vote:
Vote Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
/5-23
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 CUPERTl: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. 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 ~~opy of the performance bond for the
PROJECT.
II. CONSTRUCTION
i. PRE-CONSTRUCTION MEETING
CITY shall notify COUNTY's Constructilon Manager Mohamed Assaf (Project
Manager) (408) 355-2208; Fax (408) 35!5-2290), 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 all times, except for the closure of the
Rim Trail as provided below.
3. CONSTRUCTION PROHIBITED
CITY shall not use any COUNTY propE~rty 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 buffers extending one foot beyond drip
lines around existing native trees and adequate to protect existing sensitive
resources. CITY shall obtain the Project h1anager.'s prior approval before ~ 5-a ~
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 n~~t be removed without a scheduled
public hearing before the COUNTY's Board of Supervisors.)
5. SIGNS
CITY shall install and maintain inform~~tion 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 2.4 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. Stakin -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 fE~nce 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 trails 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<jil 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 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 ~~II debris and hazardous materials
resulting from the CIIY's operations to a legal dumpsite.
15-a 5
CONSTRUCTION & ACCESS PERMTr -Page 2 of 9
k. No Gradin4 -CITY shall not grade any park property, except for the
realignment of the Rim Trail as designated by the COUNTY's Project
Manager.
7. CONSTRUCTION HOURS AND SCHIEDULE.
Construction hours shall be from 7:00 a.m. to 5:00 p.m. Monday through
Friday, except when an emergency arisen. 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 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 CONSTRUCTION DOCUMENTS.
COUNTY has reviewed and approved the construction documents to date.
COUNTY shall have the right to approve gill 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~iger 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 COUiNTY'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. Landscapin4 Plan -CITY shall providE~ 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 con~~tractor 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 COIJNTY'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.
l 5-a(~
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 tl~e breach. If the breach is not subject
to cure within five (5) days, CITY shall m<~ke a good faith effort to begin to cure
the breach. Upon revocation or end of this 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 tree 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 right to proceed with clean up measures
and bill CITY for COUNTY's costs plus $100.00 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 independlent 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 COUN"fY, 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, t~ITY 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 acct 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, ~ 5-~ 7
CONSTRUCTION & ACCESS PERMIT -Page 4 of 9
employees, or contractors of the Permit ~4rea.
CITY's assumptions of risk and indernnities stated in this Paragraph 7 shall
not extend to those portions of loss or d~~mages caused by COUNTY's
comparative negligence or willful miscorn~uct.
7. INSURANCE
CITY shall ensure that its contractors 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 (:OUNTY equal to CITY's coverage in all
such insurance or self-insurance. Any other insurance maintained by COUNTY,
its officers, agents and employees, shall Ibe 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 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 required 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. ether 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 o~F Cupertino Dept. of Public Works
Parks & Recreation Department CarmE~n M. Lynaugh, Public Works Proj. Mgr.
298 Garden Hill Drive 1030Ci 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 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.
~ ~-a8
CONSTRUCTION & ACCESS PERMIT - Page S of 9
PARK: Stevens Creek
PROJECT: Stevens Canyon Road
APN: 351-21-9 & 351-10-27
CONSTRUCTION 8i ACCESS PERMIT
EXHIBIT A - Colnstruction 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 as shown along the monument line of Stevens Canyon
Road on that certain Record of Survey filed on C~,~+, 2001 in Book '71-2 of Maps at pages 23
through 2~ ,said county records;
Thence along said monument line South 66°48' 16"'JVest, 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°19'35" 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' lfi" 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 TR~;JE 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 fJ-Z.
This description was prepared by me or under my direction in conformance with the Professional Land
Surveyors Act.
LAND
Billy Martin, LS 5797 ~~~ ~G~,
License Expires 6/30/2 ~ BlLLY MARTIN x
~ ExP. s/a~/2ooa ~
,,, No. 5791 ~ l
9.
~f CAL
Dated: /~!/G. Z~? Z~A'/
15-30
CONSTRUCTION & ACCESS PERMIT -Page 7 of 9
PARK: Stevens Creek
PRO]ECT: Stevens Canyon Road
APN: 351-21-9 & 351-10-27
CONSTRUCTION & ,ACCESS PERMIT
EXHIBIT A-i -Construction Area
P Ail A P S 1 5
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 POB PER'14'?- MAP 23_25 ST
' 4355 OR - ~'- 31+00 ~
/ `~ ~ +~ STA 30+ 15.68 _ -_ ~~NS ~N YON
~~ _ 30 . ~ C1 ~ ~~ s?+00 ' BROAD
l ~ -
29+~~ 1~ ' i ~ 2:i% N1Ai / J T.C.E. ` ~ g CORBALLS
~ TPOB COUNTY OF 3,044 sq. ft. DOC. N0.
SANTA CLARA 15294858
7241 OR 721
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Na 5797 \Q
9lF OF C P~~EO~
Subject T.C.E.
~D ~s fa~c 540 Price Avenue STEVENS CANYON ROAD. CUPERT I NO
Redwood City, CA 94063 JOb NO. 990204
errrrar~r• crr~ricrr 650/482-6300 6 W$ Dote 08 14 01Chkd.~_
650/482-6399 (FAX) Y
SHEET 1 OF 1
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/ 5-31
CURVE TABLE
CURVE RADIUS DELTA LENGTH
Cl 279.50' 29'16'49" 142.83'
CZ 267.00' 29'16'49" 136.45'
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
CONSTRUCTION & ACCESS PERMIT -Page 8 of 9
PARK:
PROJECT
APN:
CONSTRUCTION &ACCESS• PERMIT
EXHIBIT B - /access Area
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Stevens Creek
Stevens Canyon Road
351-21-9 & 351-10-27
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Bran KSl19S+S ~~~ S TEMP RARY A CESS D
Engineers Surveyor Planners EASEMENT
540 Price Avenue Redwood City. CA 94063 Drawn LKY Checked OCS Approved OCS
(650) 482-6300 Fox (650) 482-6399 Job No. 990204-10 Date O1 28 02 Sheet 1 of 1
15-3a-
CONSTRUCTION &ACCESS PERMIT -Page 9 of 9
CITY OF
CUPEI~TlNO
CITY OF CU:PERTINO
PERMIT APPLICATION FORM
uanti Fee ID Fee Descri tion Fee Grou
BREMPOWER Power Device,~A aratus ELECTRICAL
BREMRECEPT Rc tl, Switch & Outlets ELECTRICAL
BREMRELOCA Relocation of Hood MECHANICAL
BREMREPALT Re air/Alter Heatin MECHANICAL
BREMRESAPP Remodel Res .A liance ELECTRICAL
BREMSIGNAD Rmdl Si s Add Branch ELECTRICAL
BREMSIGNS Remodel Si s, Mar uee ELECTRICAL
BREMTHEATR Theatrical Li htin Fix ELECTRICAL
BREMVENFAN Vent Fan Sin ae Duct MECHANICAL
BREMVENSYS Ventilation S stems MECHANICAL
BSCBLVD Scb S ecific Flan BUILDING
BSEISMICOM Seismic Comlmercial BUILDING
BSEISMICRE Seismic Fee F:es BUILDING
BSF&2FAM Sin le & 2 Falnil BUILDING
BSFNA Sin le Famil New Add BUILDING
BSPECIAL S ecialIns ection BUILDING
BSWIM Swimmin Pool BUILDING
BTEMP Tem or Power ELECTRICAL
BTEMPPERM Tem orary Bld Permit BUILDING
BTEMPSVCS Tem Dist Sv~:s ELECTRICAL
BUSLIC Business License BUILDING
ELECTRIC Electricals fi~ot ELECTRICAL
EPERMITFEE Elec Permit Issuance ELECTRICAL
MPERMFEE Mechanical s .foot MECHANICAL
MPERMITFEE Mech Permit Issuance MECHANICAL
PPERMITFEE Plumbin Permit Issue PLUMBING
PPLBG Plumbin Fees foot PLUMBING
ZADDCHG Address Change BUILDING
3of3 I~-33
CITY OF CUl'ERTINO
~~TM°F PERMIT APPLICI~TION FORM
CUPEf~T1N0
APN # Date:
Building Address:
Owner's Name: Phone #:
Contractor: License #:
Contact: Phone #:
Applicant/Contractor: Fax #:
Building Permit Info:
Bldg Elect Plumb Mech
Job Description:
Residential: Commercial:
Sq.Ft. Floor Area: $/Sq.Ft.:
Architect/Engineer: Valuation:
Type of Construction: Occupancy Group:
Quanti Fee ID Fee 1Descri tion Fee Grou
BAPPLOTHER Other A lianc:es MECHANICAL
BBLDGFEE Bldg Permit sq. foot BUILDING
BBOILERI Boiler <= 100,000 Btu MECHANICAL
BBOILER2 Boiler > 100K to SOOK Btu MECHANICAL
BBOILER3 Boiler> SOOK to 1M Btu MECHANICAL
BBOILER4 Boiler > 1M to 1.75 M Btu MECHANICAL
BBOILERS Boiler > 1.75M[ Btu MECHANICAL
BCONSTAX Construction Tax BUILDING
BCONSTAX Ind/Off/Comm/Quasi BUILDING
BCONSTAXBQ Con. Tax for BQ Zone BUILDING
BCONSTAXH Hotel and Motel BUILDING
BCONSTAXR Constax - Resi/Mobile BUILDING
BELEC1000 Elec 600V <= 1000A ELECTRICAL
BELEC 1001 Elec 600V > 1000A ELECTRICAL
BELEC200 Elec Svcs 600~~ <= 200A ELECTRICAL
BENERGY Ener BUILDING
BENERGYADD Ener Add Multi BUILDING
BINVESTIGA Investi ation fete BUILDING
BMITIGATC Comm. Housin Mit. Fee BUILDING
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