HomeMy WebLinkAbout04-04-1990 COUNCIL AGENDA STAFF REPORTS (2)Rica AxD G. Ti -RRELL
12336 OBR u) DRIVE �;` P R 2, 1990
SAR.XT06A, CA 95070
March 28, 1990
MEMBERS OF THE CITY COUNCIL
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Dear Councilmembers . . .
As part of the public hearing on April 4th there will be an item related
to a second story addition to a home within the boundaries of the Saratoga
Woods Homeowner's Association, of which as you know from previous issues
I am a Director.
By reason of this, I have not signed any petition, nor have I researched
the property although I now know that its is behind the home of friends of
almost twenty years.
It is an economic reality that homes within Saratoga Woods will be the
subject of numerous future attempts to expand upward because of the land
values vs the size of the existing improvements. I fully believe in the
rights of property owners and also am very supportive of the continuing
need to protect all forms of "OPEN SPACE." While there is constant
attention to its more obvious forms like the Nelson Gardens, the greater
space in the City of Saratoga is part of the single family homes as they
presently exist and their inherent privacy. This I saw even more clearly
through my work as a Heritage Commissioner which caused me to move through
every neigborhood in search of our City's history and to preserve values.
When a neighbor encroaches on an intrinsic value like privacy and takes
something away that has been enjoyed for a period of years, I believe
there should be some form of equity given to affected neighbors even if
they do not object.
When they do object, I further believe that their rights are equal and
sometimes greater than those of the property owner wishing to expand.
Simply for the reason that there is only one property being expanded,
but the environmental impact falls out on at least three other properties
and can effect upwards of between five and eight.
I recommend that the Council look deeper at the environmental aeffect the
proposal will have . . . and use this as a basis to develop,
communicate a process that causes people to think through their actions
and document these before we have to take up the time of the City's
Departments, then the Planning Commission, then the City Council to
finally determine what is some instances was a bad idea in the first
place.
And if we as a City decide that their will be a required special type of
EIR for building upward, so be it! It seems a small cost in relation to
the dollar amount for construction and time that even a modest expansion
requires.
Sincerely,
Richard G. Tyrrell
(408) 253-
SARATOGA CTPY COUNCIL
MMCUTIVE SUMMARY No. &0 —
MEETING DATE: April 4, 1990
08UII4AIMG DEPT: Engineering
AGENDA ITEM
CITY MGR. APPROVAL
SUBJECT: Appointment of City Surveyor
Recommended Action:
it is recommended that Council:
1. Create the position of City Surveyor.
2. Appoint William E. McDowell as City Surveyor.
3. Direct staff to execute an agreement with
Mr. Mc Dowell for his services.
Report Summary:
See Attached Memo.
Fiscal Impacts:
None.
Attachments:
Motion and Vote:
N.,
MEMO
TO: The Mayor and City Council
FROM: Larry I. Perlin, City Engineer �•
RE: Appointment of City Surveyor
DISCUSSION: Existing state law provides that a registered civil
engineer may engage in the practice of land surveying unless he
or she became registered after January 1, 1982. Since I obtained
my professional engineering registration in August of 1986, I am
not licensed to practice land sureveying and hence, cannot per-
form the land surveyor functions of a City Engineer as they
pertain to the review and approval of subdivision and parcel
maps. Section 66416.5 of the Subdivisicn Map Act defines "City
Engineer" and further states that "The sand surveying functions
of - a city eng i nee r may be performed by a city surveyor , if the
position has been created by the local agency." Until new legis-
lation is passed allowing city engineers to carry out their
responsibilities under the Map Act regardless of the date of
their registrations, it is my recommendation that the City of
Saratoga create the position of City Surveyor. Anticipating
this, I have solicited letters of interest from local land sur-
veyors to serve as City Surveyor. Mr. Warren E. McDowell of
Cupertino submitted the attached letter and proposal and is, in
my judgement, the best candidate for the position. Fees for Mr.
McDowell's services would be collected after tentative map ap-
proval at the time maps are submitted to the Engineering Depart-
ment for review, similar to the manner in which fees are collect-
ed by the Planning Department for geotechnical review by the City
Geologist.
In a related matter, Senator William Leonard has introduced
legislation, (SB 2503), which would enable city engineers to
fulfill their requirements under the Map Act regardless of the
date of their registrations. As this piece of legislation moves
forward, council may wish to express their support for it to our
local legislators.
Printed on recycled paper
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('0UNC'II. NIENIBERS:
Karen Anderson
Martha Clevenger
David Movies
Donald Peterson
Francs Stotzmao
March 29,
1990
MEMO
TO: The Mayor and City Council
FROM: Larry I. Perlin, City Engineer �•
RE: Appointment of City Surveyor
DISCUSSION: Existing state law provides that a registered civil
engineer may engage in the practice of land surveying unless he
or she became registered after January 1, 1982. Since I obtained
my professional engineering registration in August of 1986, I am
not licensed to practice land sureveying and hence, cannot per-
form the land surveyor functions of a City Engineer as they
pertain to the review and approval of subdivision and parcel
maps. Section 66416.5 of the Subdivisicn Map Act defines "City
Engineer" and further states that "The sand surveying functions
of - a city eng i nee r may be performed by a city surveyor , if the
position has been created by the local agency." Until new legis-
lation is passed allowing city engineers to carry out their
responsibilities under the Map Act regardless of the date of
their registrations, it is my recommendation that the City of
Saratoga create the position of City Surveyor. Anticipating
this, I have solicited letters of interest from local land sur-
veyors to serve as City Surveyor. Mr. Warren E. McDowell of
Cupertino submitted the attached letter and proposal and is, in
my judgement, the best candidate for the position. Fees for Mr.
McDowell's services would be collected after tentative map ap-
proval at the time maps are submitted to the Engineering Depart-
ment for review, similar to the manner in which fees are collect-
ed by the Planning Department for geotechnical review by the City
Geologist.
In a related matter, Senator William Leonard has introduced
legislation, (SB 2503), which would enable city engineers to
fulfill their requirements under the Map Act regardless of the
date of their registrations. As this piece of legislation moves
forward, council may wish to express their support for it to our
local legislators.
Printed on recycled paper
O
RECOMMENDATION:
It is recommended that Council:
1. Create the position of City Surveyor.
2. Appoint William E. McDowell as City Surveyor.
3. Direct staff to execute an agreement with Mr. Mc Dowell
for his services.
ACTION REQUIRED:
Approve recommendations 1 -3.
Printed on recycled paper.
J
loci des, Inc.
M,cDoweU As RS •SURVEYORS
CIVIL ENGINEERS
p aoi
March 12 ► 1990
Mr. Larry I. Perlin
City Engineer
City of Saratoga
13777 Fruitvale '-Venue
Saratoga►
C�, 95070
Contract City Surveyor
Subject:
of City Surveyor
Dear Sir: idered for the position would a contract
make application that this position to Wbo is
I hereby It is my ��� Ces that are appropriate to one f� of
(gmp, 66416.5)• de only those sery For this Service I propose fran the date
position to provide Surveying • re",ti aticn one y
qualified to practice Land
said fee to be su�J ect to
$30.00 an ntr� -act.
Of the and Subdivisions*
gained to me as as1P�s of Parcel Maps
t on parcel Maps and Subdivisions► `�
The 1) Ex nation o f the SU: Staten
City Surveyor own off ices .
2) Signl-r'g would be aceCM"Shed in m o time to plan
apprOpr
3) 'nie work s w uld beo� i t f map exw at cn old take
4) Such meetings answer quest
processing or to an• i*+Aering
plate City offices. old time to be e Ined by Eng
All other asps
of these resaPs
Department staff.
S • ly y ►
arren E. McDowell No. 31951
Registered Civil aigin 1992
Renew313414
Surveyor Licensed l Land Dam June 30► 1992
• o, California 95014 • (408) 257 -8210
7974 pumpkin Drive • CuPertit n
i
SARATOGA CITY COUNCIL
EXECUTIVE
SUMMARY NO. AGENDA ITEM
MEETING DATE: April 4, 199 0 CITY MGR. APPROVAL _�
ORIGINATING DEPT: En ineerin
SUBJECT: Acceptance of Easements from Neale
14165 Saratoga - Sunnyvale Road
Recommended Action: it is recommended that Council:
1. Accept the attached Grant of Easeent from Clarence
Saratoga-Sunnyvale Rd.
Laura Neale across their properties
2. Authorize the Mafo�he° temporary the
construction agreement
easement ,with the
Neales for us e o
Report Summary:
Fiscal Impacts:
None.
Attachments:
Motion and Vote:
See attached Memo.
Karen Anderson
Martha Clevenger
David Moyles
Donald Peterson
Framers S(Wzorw
March 30, 1990
MEMO
TO: The Mayor and City Council
FROM: Larry I. Perlin, City Engineer
RE: Acceptance of Easements from Neale
14165 Saratoga - Sunnyvale Road
DISCUSSION:
At your last meeting, Council accepted grants of easements from
John and Helen Kahle across their properties along Saratoga -
Sunnyvale Road. In addition, Council authorized the Mayor to
execute an agreement with the Kahles for use of a temporary
construction easement. These actions were necessary to fulfill
CALTRANS requirements for proceeding with Capital Project 924,
Saratoga - Sunnyvale Road Medians from Big Basin Way to Verde Vista
Lane. As similar easements are necessary from Clarence and Laura
Neale across their properties at 14165 Saratoga - Sunnyvale Road,
Council needs to take a repeat action accepting the Neale's
easement and authorizing the execution of the agreement for use
of the temporary construction easement.
RECOMMENDATION:
It is recommended that Council :
1. Accept the attached Grant of Easement from Clarence
and Laura Neale across their properties at 14165
Saratoga - Sunnyvale Road.
2. Authorize the Mayor to execute the attached agree-
ment with the Neales for use of the temporary con-
struction easement.
ACTION REQ'D:
Approve recommendations 1 and 2.
Printed on recycled paper.
C N,`'
('UtiN(IL, MENIIiERS:
Karen Anderson
Martha Clevenger
David Moyles
Donald Peterson
Framers S(Wzorw
March 30, 1990
MEMO
TO: The Mayor and City Council
FROM: Larry I. Perlin, City Engineer
RE: Acceptance of Easements from Neale
14165 Saratoga - Sunnyvale Road
DISCUSSION:
At your last meeting, Council accepted grants of easements from
John and Helen Kahle across their properties along Saratoga -
Sunnyvale Road. In addition, Council authorized the Mayor to
execute an agreement with the Kahles for use of a temporary
construction easement. These actions were necessary to fulfill
CALTRANS requirements for proceeding with Capital Project 924,
Saratoga - Sunnyvale Road Medians from Big Basin Way to Verde Vista
Lane. As similar easements are necessary from Clarence and Laura
Neale across their properties at 14165 Saratoga - Sunnyvale Road,
Council needs to take a repeat action accepting the Neale's
easement and authorizing the execution of the agreement for use
of the temporary construction easement.
RECOMMENDATION:
It is recommended that Council :
1. Accept the attached Grant of Easement from Clarence
and Laura Neale across their properties at 14165
Saratoga - Sunnyvale Road.
2. Authorize the Mayor to execute the attached agree-
ment with the Neales for use of the temporary con-
struction easement.
ACTION REQ'D:
Approve recommendations 1 and 2.
Printed on recycled paper.
Recording requested by:
CITY OF SARATOGA
After recordation return to:
CITY OF SARATOGA
13777 Fruitvale Avenue
Saratoga, CA 95070
GRANT OF EASEMENT FOR
STREET AND HIGHWAY PURPOSES
CLARENCE W. NEALE and LAURA J. NEALE ( "Grantors "), being the
owners of that certain real property located in the City of Saratoga, County of Santa
Clara, State of California, as described in Exhibit "A," attached hereto and made a
part hereof, do hereby grant and convey to THE STATE OF CALIFORNIA an easement
for street and highway purposes over, upon and across that portion of said real
property as described in Exhibit "B," attached hereto and made a part hereof.
Grantors reserve the right to install landscaping and fencing within the
easement area, but no permanent structures shall be constructed therein.
Dated this dL day of 1989.
GRANTORS:
W
CLARENCE W. NEALE
LAURA J. AL
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On this __2_ day of , 1989, before me, the undersigned
Notary Public, personally appeared CLARENCE W. NEALE and LAURA J. NEALE
() personally known to me
() proved to me on the basis of satisfactory evidence
to be the persons whose names are subscribed to the within instrument and
acknowledged that they executed it.
WITNESS my hand and official seal.
OFFICIALSCAL Notary blic for Califo
KITTY WHAFFEY
NOTARY NOMIC - CALIFORMA
o SANTA CLARA COUNTY
My Comm. Expires My 20.1993
4-c
EXHIBIT A
The following described Real Property in the State of California, County
of Santa Clara
PARCEL 1:
Commencing at a point in the center line of the Sunnyvale and Saratoga
Road, formerly the Mountain View and Saratoga Road, and just Sixty (60)
feet South of the Northeasterly corner of Lot 13, of Subdivision herein-
after referred to; thence from said point of beginning S. 67 0W. 2.54
chains; thence S. 00 25' E. Seventy -nine (79) feet; thence N. 670 E. 2.54
chains; thence N. 00 25' W. Seventy -nine (79) feet to the place of begin-
ning and containing a little more than one - fourth (1/4) of an acre of
land, and situate about one - fourth (1/4) of a mile North of the Village of
Saratoga, and being a part of Lot 13, as said Lot is delineated and so
designated upon Map entitled, "Map of the Pollard Subdivision, being a
part of the Quito Rancho ", and which said Map was recorded on January 13,
1891 in the Office of the County Recorder of the County of Santa Clara,
State of California, in Volume "E" of Maps, at page 65.
PARCEL 2:
Beginning at a point in the center line of the Saratoga and Sunnyvale
Road formerly known as the Saratoga and Mountain View Road, distant there-
on Southerly S. 00 25' E. One Hundred Thirty -nine (139.0) feet from the
most Northerly corner of Lot Thirteen (13) of the Subdivision hereinafter
referred to, and said point of beginning being the Southeasterly corner of
th parcel of land conveyed by W. D. Pollard and Flora B. Pollard, to O. E.
Clark, by Deed dated January 1, 1896, and recorded on February 8, 1896 in
Book 186 of Deeds, at page 284, and running thence S. 00 25' E. along the
center line of the Saratoga and Sunnyvale Road Fifty -seven and 02/100 (57.02)
feet to the Northeasterly corner of the parcel of land conveyed by W. D.
Pollard and F. B. Pollard, his wife to Clarence H. Gardner, by Deed dated
April 4, 1898 and recorded on April 4, 1898 in Book 208 of Deeds, at Page
110, thence S. 670 W. One Hundred Sixty -seven and 54/100 (167.54) feet
to the Northwesterly corner of the parcel of land conveyed to said Clarence
H. Gardner, thence N. 00 25' W. Fifty -seven and 02/100 (57.02) feet to the
Southwesterly corner of the parcel of land conveyed to said O. E. Clark:
thence N. 670 E. One Hundred Sixty -seven and 54/100 (167.54) feet to the
place of beginning, and being a part of Lot 13, as delineated and so
designated upon Map entitled "Map of the Pollard Subdivision being a part
of the Quito Rancho ", and which said Map was recorded on January 13, 1891,
in the Office of the County Recorder of the County of Santa Clara, State
of California, in Volume "E" of Maps, at page 65, and being the same parcel
of land conveyed by W. D. Pollard and Flora B. Pollard, his wife, to S. S.
Parker, by Deed dated March 29, 1897, and recorded on march 30, 1897, in
Book 192 of Deeds, at page 324.
E X H I B I T "B"
LEGAL DESCRIPTION
ROAD EASEMENT
LANDS OF NEALE
An easement for street and highway purposes situate in the City
of Saratoga, County of Santa Clara, State -of California, lying
on, over and along a portion of the lands described as Parcel 1
and Parcel 2 in the deed recorded in Book 5491 of Official
Records of Santa Clara County at Page 460, said easement being a
strip of land, 4.00 feet in width, lying immediately adjacent to
and westerly of the following described easterly line thereof:
BEGINNING at the intersection of the southerly line of said
Parcel 2 with a line parallel with and perpendicularly distant
westerly 20.00 feet from the easterly line of said lands; thence
from said POINT OF BEGINNING along said parallel line N0 *251W
97.02 feet to the northerly terminus of the herein described
easterly line said easement being contiguous for its full width
at its northerly terminus to a line that bears S890351W and at
its southerly terminus to the said southerly line of Parcel 2.
AGREEMENT GRANTING
TEMPORARY CONSTRUCTION EASEMENT
THIS AGREEMENT, dated 1989, by and between THE
CITY OF SARATOGA, a municipal corporation ( "City "), and CLARENCE W. NEALE
and LAURA J. NEALE ( "Owners "), is made with reference to the following facts:
A. Owners are the owners of certain real property located at 14165
Saratoga /Sunnyvale Road, Saratoga, California.
B. City desires to construct a retaining wall within the public right of
way for Saratoga /Sunnyvale Road abutting Owners' property. In order to construct
such wall, City requires temporary access over a portion of Owners' property and
permission from Owners to perform certain work thereon, as hereinafter described.
C. Owners have agreed to grant City a temporary construction easement
for the purpose of allowing City to construct said retaining wall, subject to the terms
and conditions of this Agreement. Concurrently herewith, Owners have granted a road
easement to the State of California to allow the footings for the retaining wall to be
permanently located upon a portion of Owners' property.
NOW, THEREFORE, it is agreed as follows:
1. Owners hereby grant to City a temporary construction easement
over, upon and across that portion of Owners' property shown as Parcel A on the
drawing attached hereto as Exhibit "A" and made a part hereof, as more particularly
described in Exhibit "B" attached hereto and made a part hereof.
2. The easement granted herein is solely for the purpose of enabling
City to construct a retaining wall within the public right of way abutting Owners'
property, and for no other purpose. Upon the execution and recording by City of a
notice of completion of such project, the temporary construction easement shall
automatically terminate and be of no further force or effect.
3. Owners hereby grant City permission to remove any trees, fencing,
and patio located within the area of either Parcel 1 or Parcel 2, or within the area of
the permanent road easement, if required in order to construct said retaining wall.
Owners further grant to City permission to perform any excavation and grading work
within the easement areas as may be required for installation of the wall or
necessitated by topographic changes resulting from the project. City agrees to
reconstruct the portion of Owners' patio removed by City and to replace any chain link
fence on the frontage of Owners' property which has been removed or damaged with a
solid redwood fence. City further agrees that the easement areas shall be compacted,
finish graded and left in a condition suitable for landscaping by Owners.
4. City agrees to defend, indemnify and hold Owners harmless from and
against any claims, demands, causes of action, or liabilities based upon injury or
damage sustained by any person as a result of any negligent act or omission committed
by City during the performance of the construction work for said retaining wall.
Muni -3 -1-
y ':Y
5. Owners acknowledge that Owners will derive a benefit from the
retaining wall to the extent such wall will stabilize certain areas of Owners' property.
This temporary construction easement and the permanent road easement have
therefore been granted in exchange for such benefit, and Owners shall not be entitled
to receive any additional compensation for the granting of such easements, by way of
cash payment or otherwise.
6. This Agreement shall be binding upon and inure to the benefit of the
heirs, executors, administrators, personal representatives, successors and assigns. of
Owners.
IN WITNESS WHEREOF, the parties have executed this Agreement the day
and year first above written.
THE CITY OF SARATOGA, a
municipal corporation
By
Mayor
Attest
City Clerk
OWNERS:
W
CLARENCE W. NEALE
LAURA Jf ALE
STATE OF CALIFORNIA On this .... ��C. ... • • .. day of ... Q:.� 1' ey-- • ,in the year ... .. • • • • •
�"� , before me,
COUNTY OF�iTllltri�..1.�•1Q Y4�• • • • • • • • • • N� `+Y.a•�or• • • • .... • • • • • • • • a Notary Public, State of Califo a,
duly mmissioned and sworn, onal}ly appeared —r— Ne �. er>rd° • .Vu • • •� i °L.
...�q.vr.q. �.... � 1. ............. ...............................
personally known to me (or proved to me on the basis of satisfactory evidence) to be
OFFIC .......... ...............................
;-'; :,_•,, IAL aE . � the person ....whose name ................ .
I KITTY MAHA'FF; subscribed to this instrument, and acknowledged that .. T. he fl/ ..executed it.
NOTARY PUBLIC • :. • '
I ' SANTA CM4 CC;;,: IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal
MJI Came Eupkn Ja:; . County of
inthe . ... /► ............... ............................... .
OFFICIAL SEAL, .......�J,t7.&`1��t7t .. � .�o► r °� ........................... on the date set forth above
KITTY huFFEY in this certificate.
t NOTARY PUBLIC • CALFORNR
i SANTA CLARA COUNTY
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EXHIBIT "A"
GO. COQ
SARATOGA /SUNNYVALE ROAD
EXIIBIT "B"
A temporary easement for the construction of street and highway
facilities situate in the City of Saratoga, County of Santa
Clara, State of California lying on, over and along a portion of
the lands described as Parcel 1 and Parcel 2 in the deed recorded
in Book 5491 of Official Records of Santa Clara County at Page
460, said easement being more particularly described as follows:
BEGINNING at the intersection of the northerly line of said
Parcel 1 with a line parallel with and perpendicularly distant
westerly 20.00 feet from the easterly line of said lands; thence
from said POINT OF BEGINNING along said parallel line S00251E
39.00 feet; thence leaving said parallel line S890351W 4.00 .feet
to a point on a line parallel with and perpendicularly distant
westerly' 24.00 feet from the easterly line of said Parcels 1 and
2; thence along last said parallel line SO °25'E 98.71 feet to a
point on the southerly line of said Parcel 2; thence along last
said line S660401W 24.97 feet to a point on a line parallel with
and perpendicularly distant westerly 47.00 feet from the easterly
line of said lands; thence along last said parallel line N00251W
77.00 feet; thence leaving last said parallel line N890351E 10.00
feet to a point on a line parallel with and perpendicularly
distant westerly 37.00 feet from the easterly line of said lands;
thence along last said parallel line N00251W 63.25 feet to a
point on the northerly line of said Parcel 1; thence along last
.said line N660401E 18.46 feet- to the POINT OF BEGINNING.
ACKNOWLEDGEMENT
PROJECT Saratoga- Sunnyvale Rd. Median ProjectFILE NO.
PARCELS 1 _ FEDERAL PROJECT NO. '
LIMITS Big Basin Way to Verde Vista Lane
We, the undersigned, do hereby acknowledge that we have been fully informed of our
right -of -way and
rights under Federal law to receive just compensation for the e- nnctruCti nn easement
over that portion of our property shown shaded in red on the map attached hereto and
made a part hereof, and that we have also been informed of our right to have an
appraisal made of said property along with an offer of just compensation.
right -of -way and
However, we do hereby waive these rights and agree to donate said construction easement
to the City of Saratoga for the improvement of
saratocra- Sunnyvale Road (State Route 85).
This acknowledgement is signed by us freely and without coercion of any kind.
r
SIGNED
Clarence Neale
SIGNE /- L- ti✓��T✓ i
aura Neale
recycled
DATE7`
DATE
AGREEMENT GRANTING
TEMPORARY CONSTRUCTION EASEMENT
THIS AGREEMENT, dated 0J 2 , 1989, by and between THE
CITY OF SARATOGA, a municipal corporation "City "), and CLARENCE W. NEALE
and LAURA J. NEALE ( "Owners "), is made with reference to the following facts:
A. Owners are the owners of certain real property located at 14165
Saratoga /Sunnyvale Road, Saratoga, California.
B. City desires to construct a retaining wall within the public right of
way for Saratoga /Sunnyvale Road abutting Owners' property. In order to construct
such wall, City requires temporary access over a portion of Owners' property and
permission from Owners to perform certain work thereon, as hereinafter described.
C. Owners have agreed to grant City a temporary construction easement
for the purpose of allowing City to construct said retaining wall, subject to the terms
and conditions of this Agreement. Concurrently herewith, Owners have granted a road
easement to the State of California to allow the footings for the retaining wall to be
permanently located upon a portion of Owners' property.
NOW, THEREFORE, it is agreed as follows:
1. Owners hereby grant to City a temporary construction easement
over, upon and across that portion of Owners' property shown as Parcel A on the
drawing attached hereto as Exhibit "A" and made a part hereof, as more particularly
described in Exhibit "B" attached hereto and made a part hereof.
2. The easement granted herein is solely for the purpose of enabling
City to construct a retaining wall within the public right of way abutting Owners'
property, and for no other purpose. Upon the execution and recording by City of a
notice of completion of such project, the temporary construction easement shall
automatically terminate and be of no further force or effect.
3. Owners hereby grant City permission to remove any trees, fencing,
and patio located within the area of either Parcel 1 or Parcel 2, or within the area of
the permanent road easement, if required in order to construct said retaining wall.
Owners further grant to City permission to perform any excavation and grading work
within the easement areas as may be required for installation of the wall or
necessitated by topographic changes resulting from the project. City agrees to
reconstruct the portion of Owners' patio removed by City and to replace any chain link
fence on the frontage of Owners' property which has been removed or damaged with a
solid redwood fence. City further agrees that the easement areas shall be compacted,
finish graded and left in a condition suitable for landscaping by Owners.
4. City agrees to defend, indemnify and hold Owners harmless from and
against any claims, demands, causes of action, or liabilities based upon injury or
damage sustained by any person as a result of any negligent act or omission committed
by City during the performance of the construction work for said retaining wall.
Muni -3 -I-
5. Owners acknowledge that Owners, will derive a benefit from the
retaining wall to the extent such wall will stabilize certain areas of Owners' property.
This temporary construction easement and the permanent road easement have
therefore been granted in exchange for such benefit, and Owners shall not be entitled
to receive any additional compensation for the granting of such easements, by way of
cash payment or otherwise.
g, This Agreement shall be binding upon and inure to the benefit of the
heirs, executors, administrators, personal representatives, successors and assigns. of
Owners.
IN WITNESS WHEREOF, the parties have executed this Agreement the day
and year first above written.
STATE OF CALIFORNIA �•
THE CITY OF SARATOGA, a
municipal corporation
. 'b,_ - -56 -�.
Mayor
Attest
City Clerk
OWNERS:
W�
CLARENCE W. NEALE
rim
roLA7URA v ALE C
day of • '' :AD in the . year ..... , before me,
On this ...... ................. • . , a Notary public, State of Califo
Ii•t4. No,.h na ly appeared ......... . .
Y:
duly mmtssioned and sworn, l°A C -- • • • • • , • • • • ...... .
1� L.a1•�%rA' to me on the basis of satisfactory evidence) w be
....
personally known to me (0T Proved ..................... executed it.
whose name .......... � my official seal
ent, and acknowledged that .. Y• he • •
the person ' ' ' ' d aff
,mar OFFICIAL SE:•: to this in
atrum hand an County of
KITTY MAHAFF; subac�n NESS WHEREOF I have hereunto set mY the above
i NOTARY KSLIC • G on date set forth
i SANTA aaRA cu 4 in the .
r California
�� �,•,� .r' OFFICIAL SEAL in this certificate. Notary Pub fate
KITTY MABAFFEY
NOTARY PMC • CAL6�RNi1
F SANTA Q.ARA COUNTY M O rmvr tip°"' of
x
dd ,,,, Qowion or �„ My commission expires
wr � ° r ""iae b � a "v"° r n " u°r 1189) — Rev. 1183)
.,.W+n d +r' W01"' public — In
cowdery's Form dividuals —
No. 32 — AcknowledBement to Notary
(PARCEL A I
ROAD EASEMENT i
77.00'
EXHIBIT "A"
0
,:.; 15.44
SARATOGA /SUNNYVALE ROAD
a.
EXHIBIT "B"
A temporary easement for the construction of street and highway
facilities situate in the City of Saratoga, County of Santa
Clara, State of California lying on, over and along a portion of
the lands described as Parcel 1 and Parcel 2 in the deed recorded
in Book 5491 of Official Records of Santa Clara County at Page
460, said easement being more particularly described as follows:
BEGINNING at the intersection of the northerly line of said
Parcel 1 with a line parallel with and perpendicularly distant
westerly 20.00 feet from the easterly line of said lands; thence
from said POINT OF BEGINNING along said parallel line S00251E
39.00 feet; thence leaving said parallel line S890351W 4.00 .feet
to a point on a line parallel with and perpendicularly distant
westerly 24.00 feet from the easterly line of said Parcels 1 and
2; thence along last said parallel line S0 *251E 98.71 feet to a
point on the southerly line of said Parcel 2; thence along last
said line S660401W 24.97 feet to a point on a line parallel with
and perpendicularly distant westerly 47.00 feet from the easterly
line of said lands; thence along last said parallel line N0 *251W
77.00 feet; thence leaving last said parallel line N89 °351E 10.00
feet to a point on a line parallel with and perpendicularly
distant westerly 37.00 feet from the easterly line of said lands;
thence along last said parallel line N00251W 63.25 feet to a
point on the northerly line of said Parcel l; thence along last
said line N66 °40'E 18.46 feet to the POINT OF BEGINNING.
t
4�
13777 FRUITVALF_ AVENUE • SAR;ATOGA, CALIFORNIA 95070
(408) 867-3438 COUNCIL MEMBERS:
Karen Anderson
Martha Clevenger
David Moyles
March 8 , 1990 Donald Peterson
Francis Stutzman
John Kahle
20601 Brookwood Lane
Saratoga, CA 95070
Subject: Dedication of Easements to Construct Improvements to
Saratoga /Sunnyvale Road
Dear Mr. Kahle:
As a result of our discussions, I have now received estimates for
work to relocate the oak tree on your property and to underground
utilities. I have not as yet received an estimate,to sewer your
property from the West Valley Sanitation District.
The Sanitation District would like to extend its line from Brook-
wood southerly on Saratoga /Sunnyvale Road up to your property so
that 1) it can serve your residence if, sometime in the future,
it is subdivided and 2) serve your rental property which you wish
to have sewered as a consideration for granting the easements.
The District is prepared to extend the line and front the esti-
mated cost of $50,000 provided you agree to reimburse the dis-
trict if your property is ever subdivided. We have not received
a proposal extension of the line from Mr. Neale's property.
The City has estimated the fair market value of the easements it
needs from you, both temporary and permanent, at about $15,000.
The cost to move the tree is estimated at $9,000. The cost to
underground utilities and convert from overhead is $2,000. This
leaves us about $4,000 to help pay for the sewer.
The City is prepared to move the tree and underground the elec-
trical lines plus pay an amount not to exceed $4,000 to sewer the
property, however it may be most effectively done. In the event
you are not willing to enter into an agreement with the Sanita-
tion District and your property cannot be sewered, the City will
agree to pay you the difference between the $15,000 and the
actual cost to move the oak tree and underground and convert the
electrical service to your rental property.
John Kahle
March 8, 1990
Page Two
If the above is acceptable, please indicate by signing this
letter in the space indicated below and return it to me along
with the executed easement deeds and the Certificate of Agreement
sent to you previously by Mr. Shook. E
_ f
Sincerely 1
Harry R. Peacock
City Manager
jm
I hereby agree to the terms and conditions stated above.
John Kahle Date
.y
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. LV
MEETING DATE: April 4, 1990
ORIGINATING DEPT: Community Services
AGENDA ITEM
CITY MGR. APPROVAL/��
SUBJECT: Foothill Club's Memorial Day Ceremony
Recommended Motion:
Approve the ceremony as proposed on May 28, 1990, authorizing a
Community Service Officer (CSO) to assist with street crossing.
Report Summary:
The Foothill Club is proposing to hold their annual Memorial Day
Ceremony on May 28, 1990, in similar fashion as they have done since
1922. Because the Foothill Club does not have the budget to support
the costs associated with a Special Events Permit (i.e. insurance,
police costs, deposits, etc.), staff has not viewed this activity as
a Special Event in the past. Instead, the event has been viewed as a
walk not requiring any street closure or other modification of traffic.
If Council approves continuing to view the ceremony in this way, staff
recommends that a Community Service Officer (CSO) be stationed at the
location to assist participants crossing Highway 9, and that the
Sheriff's Department be informed of the event.
Fiscal Impacts:
Not more than $50 for two hours of a LSO's time, which can be handled
within existing budget.
Attachments:
Letter dated March 12, 1990
Motion and Vote:
.
Saratoga City Council
13777 Fruitvale Ave.
Saratoga, CA 95070
Members of the City Council:
20509 Gordon Ct.
Saratoga, CA 95070 j
March 12, 1990
e
1 d
TY
The Saratoga Foothill Club requests permission to hold its
annual Memorial Day ceremony which will begin with the laying
of a wreath on the Memorial Arch at 9:30 a.m, and proceeding
up Oak Street to Madronia Cemetery for the service at 10 a.m.
Speaker this year will be Hugh Roberts who has just retired
from service at the Saratoga High School. Emphasis will be on
the service of Saratoga's youth. We also request Mayor Clevenger
to give a brief welcome from the City and introduce the other
members of the City Council who are in attendance.
In addition to permission we request the City to provide the
services of a Deputy Sheriff at Highway 9 and Oak Street from
9:00 a.m. to 10:00 a.m. so that the walk can proceed safely
from Blaney Plaza to the Cemetery.
When this is placed on the consent calendar I shall try to
be present to answer any questions you might have.
Very truly yours,
Mary E. Drake
Chairman,
Memorial Day Committee
Phone: 257 -9914