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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 - N 9° 'b:�' 59' 33'5-5W V) "Y' ��, J01 0 3 8 $ l .v o' I PARCE L Z 30' '�oyVJ ,�a�,34 5OOK` 122- 5 w ' .:.4 1,44 0 w '� c� 0 u► A159°3�'Do4Hl ,�o° ti t� e7,1 �y°Lo' o0 K .o s rJ, � • � �w 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" • rF B PD G. 7- 0� $ J fi O Eo Po. A RCE jn I z6 OTE 2 3�'- L• gQ ? /�;C o N aOlt"'o chi ESS E Mme.nIT N PAIGE L 2 ALE I "= I OO' 500K a X22 ID 5s(.0 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" Li ti; DA VISTA, 0 N64044� 55'W No• �4 �` N go 33' 6 sp 1 z 300' SOLE S90 35' s3"w EA 5 E TEM ��A2Y GO �.� _� M E T N57R UC.T IpN ,o° 8g � N m PARGE L 2 150OKS12a 055(o 5&60,Bee 41.44 ® ►n d'� O in s 'n 111 9°33'Oo`W �,�o° N o Z `off' o o s iq� z7,18 "�2 tp °os ( q2.24 ~�7 S�•�I�11 Sze'moo 0o µ� �k�3��•y. �Syo AJ- �s 3 PLAT TD AGLDM PANY TEMPORARY GONSTRUY-YTION LSC ENSE . o LUPERTINO CALIF"ORt-lIlk ' 3�39�zo•c �. N. '.-35(.o - 5 - 7 MARCH 1999 EXHIBIT "B-5"