HomeMy WebLinkAbout11-20-1996 CITY COUNCIL AGENDAA
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. �a v AGENDA IT]
MEETING DATE: NOVEMBER 20, 1996 CITY MGR.
ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEA]
SUBJECT: Amendments to License Agreement with Chevron USA, Inc.
authorizing installation of groundwater monitoring wells
on City -owned property
Recommended Motion(s):
Move to approve the License Agreement and authorize its execution
by the Mayor.
Report Summary:
In 1991, the City Council approved a License Agreement
authorizing Chevron USA, Inc. to install one groundwater
monitoring well in the Memorial Arch Park behind the Saratoga
Fire station. The well is part of a network of wells installed
downgradient of the former gas station located on the corner of
Oak Street and Saratoga -Los Gatos Road. The wells are an
integral component of a groundwater remediation project
undertaken by Chevron in response to the discovery of leaking
underground storage tanks on the gas station site during closure
of the station.
The Regional Water Quality Control Board (RWQCB), which is
providing oversight of the case, has recently directed Chevron to
install several additional monitoring wells as part of the final
phase of the remediation project. Two of these wells are
proposed to be located on City owned property; one in the
northerly corner of Blaney Plaza, and the other in the driveway
leading to Village Parking District 3 alongside the Downey
Savings property. Staff has met with Chevron's consultants to
view the proposed well sites and believes that neither their
location nor the future activities which will be carried out in
connection with the wells will in any way interfere with the use
of the City's property.
Consequently, the City Attorney has prepared an amended Lease
Agreement (attached) which, if approved, would authorize Chevron
to install the two additional wells. Additionally, provision 9
of Exhibit B has been added to the Agreement to require the
removal of the wells upon completion of the remediation project.
This requirement was not part of the original Agreement. If the
Agreement is approved, Chevron's consultants have indicated that
they would be installing the wells within the next few weeks. It
is expected that the wells would remain in place for at least
another year.
Fiscal Impacts:
None. Installation, monitoring, and destruction of the wells are
all the responsibility of Chevron.
Advertising, Noticing and Public Contact:
Nothing additional.
Consequences of Not Acting on the Recommended Motions:
The amended Lease Agreement would not be approved and Chevron
would not be authorized to install the two additional wells on
City property.
Follow Up Actions:
Chevron will sign the Agreement first, followed by the City.
Attachments:
1. Amended Lease Agreement with Exhibit.
2. Letter from Chevron USA, Inc. dated November 6.
Chevron
!! Chevron
Chevron Products Company
6001 Bollinger Canyon Rd. Bldg. L
P. O. Box 5004
San Ramon, CA 94583 -0804
November 6, 1996
Site Assessment & Remediation
Phone (510) 842 -9500'
Fax (510) 842 -8370
Mr. Larry I. Perlin
Director of Public Works
City Engineer
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
RE: Modification to License Agreement
Dated April 4, 1991
Dear Mr. Perlin:
Per your meeting with Cliff Garratt of Terra Vac Corporation, Chevron Products Company
requests the addition of three monitoring well sites to the above referenced agreement with the City
of Saratoga. A site plan showing the proposed well locations is being prepared and will be
forwarded to you as soon as possible.
Should a modification to the existing license agreement be necessary, Mr. Jeff Hartwig, Manager
of Site Assessment and Remediation, will provide signature authority for Chevron Products
Company. If you have any questions, please feel free to contact me at (510) 842 -8898.
Sincerely,
Thomas Bauhs
Project Manager
cc: Mr. Dana Thurman, Chevron
Ms. Amy Breckenridge, Terra Vac
14798 Wicks Boulevard, San Leandro, CA 94577
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. "?,I ` I AGENDA ITEM
MEETING DATE: NOVEMBER 20, 1996 CITY MGR.:
ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD:
✓ "
SUBJECT: Quitclaim of City Interest in a Roadway Easement
affecting 20613 Brookwood Lane
Recommended Motion(s):
Move to authorize the City Manager to execute the Quitclaim Deed.
Report Summary_:
The owner of the property at 20613 Brookwood Lane, Mr. David
Johnston, is attempting to sell his property. During a title
search of the property, the Title Company has discovered a
roadway easement created in 1905 of which the City is evidently a
successor beneficiary. The easement benefitted the owners (and
their successors in interest) of the property to the west of Mr.
Johnston's property, part of which is now a small portion of
Wildwood Park. The original purpose of the easement was to allow
access across Mr. Johnston's property to what is now Saratoga -
Sunnyvale Road (previously the Saratoga and Mountain View Road).
Since the development of Brookwood Lane however, the easement is
obviously no longer necessary.
To convey "clean" title to his property, Mr. Johnston is
requesting the City, and four other adjacent property owners, to
quitclaim their interest in the easement. This could be
accomplished by authorizing the City Manager to execute the
attached Quitclaim Deed on behalf of the City which would then be
recorded by the Title Company.
Fiscal Impacts:
None. Mr. Johnston is assuming all costs in connection with this
matter.
Advertising, Noticing and Public Contact:
Nothing additional.
Consequences of Not Acting on the Recommended Motions:
The Quitclaim Deed would not be signed and the City would
presumably retain its right to the easement. Mr. Johnston would
then be forced to pursue a quiet title action against the City in
court.
Follow Up Actions:
The City Manager will sign the Quitclaim Deed which will be
turned over to the Title Company for recording.
Attachments:
1. Quitclaim Deed.
2. Letter from First American Title Co. dated November 5 with
attachments.
RECORDING REQUESTED BY
First American Title Guaranty Company
Order No. 708982
Escrow No. 708982
Low, No.
WHEN RECORDED MAIL TO:
Charles L. Johnston, Sr. et al
SPACE ABOVE THIS LINE FOR RECORDERS USE
MAIL TAX STATEMENTS TO: The undersigned grantor(s) declare(s):
CITY TRANSFER TAX $
DOCUMENTARY TRANSFER TAX $
SAME AS ABOVE SURVEY MONUMENT FEE $ 10.00
Computed on the consideration or value of property
• conveyed; OR
2j Computed on the consideration or value less lens or encumbrances
remaining at time of sale.
APN 503 -23 -23 & 24
CORPORATION QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
City of Saratoga, a Municipal Corporation
d0 hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
David Stanley Johnston
and Michael Roth Johnston, as their interests appear of record
the real property in the City of Saratoga
County of Santa Clara , State of California, described as
**This Deed is executed to release, remise and relinquish any right, title or interest created by that certain
Roadway Easement recorded October 25, 1905 in Book 293 of Deeds at Page 351. The properties affected by
equitcgM 2�6) tag particulary described in Exhibit °A° attached hereto.
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
STATE OF CALIFORNIA }ss. CITY OF SARATOGA, a Municipal Corporation
COUNTY OF 1
On
before me, personally By:
appeared
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she /they
executed the same in his/her /their authorized capacity(ies), and that
by his /her /their signature(s) on the instrument the person(s) or the
entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
OCDBLK.DOC (Rev 11/95) MAIL TAX STATEMENTS AS SHOWN ABOVE UNs area for otklW noterlal $"I
LA 111 :; 1 I "!•."
LEGAL DESCRIPTION
REAL, PROPERTY In the City of Saratoga, County of Santa Clara, State of California, described as blows:
PARCEL ONE.
Beginning at a 3/4 inch iron pipe set at the point of intersection of the Southwesterly line of 'Trail No. 336 -
Brookwood Manor', a Map of which was filed for record in the Office of the Recorder of the County of Santa
Clara, State of Califomia on July 22, 1946 in Book 11 of Maps at page 21, with the Northwesterly line of
Brookwood Lane, as said Lane is shown upon said Map of Tract No. 336; thence from said point of beginning
South 680 20' West 9.92 feet to a 3/4 inch iron pipe; thence Southwesterly along the arc of a curve to the left,
tangent to the preceding course, with a radius of 100.00 feet, through a central angle of 78° 00', for an arc
distance of 136.14 feet to a 3/4 inch iron pipe; thence Southerly on a reverse curve to the right with a radius
of 58.06 feet, through a central angle of 250 22', for an arc distance of 25.70 feet to a 3/4 inch iron pipe;
thence continuing Southerly on a compound curve to the right, with a radius of 58.95 feet, through a central
angle of 320 47' 300, for an ac distance 33.74 feet to a 3/4 inch iron pipe; thence South 480 29' 30' West 22.78
feet to a 3/4 inch iron pipe and the true point of beginning of the parcel of land to be described; thence from
said true point of beginning South 48" 29' 30' West 60.25 feet to a 3/4 inch iron pipe; thence Southwesterly
along the arc of a curve to the left, tangent to the preceding course, with a radius of 589.15 feet, through a
central dingle of 20 24' 430, an arc distance of 24.80 feet to a 3/4 inch iron pipe; thence North 4611 01' West
159.62 feet to a 3/4 inch iron pipe set on that certain boundary line established in the Boundary Line
Agreement executed on August 6, 1952 by and between Howard Arnold Mercer, at et ux, recorded August 6, 1952 in Book 2464 Official Records; page 598, ux and Walter o Harriman,
North 440 12' East along said last named boon Santa Clara County Records; thence
No 54' 30' West from the true point of �Y line' 90'69 feet to a 3/4 inch iron' pipe which bears North
Po beginning; thence South 43" 54' 30' East 165,33 feet to the true point
of beginning.
PARCEL TWO:
•TWINNING at a 3/4 inch iron pipe set at the point of intersection of the
uthwesterly'line of "Tract No. 336 Brookwood-Manor ", a Hap of which was filed
for record in the office of the Recorder of the County of Santa Clara, State of
/ California, on July 22, 1946 in Book 11 of Maps, page 21, with the Northwesterly
line of Brookwood Lane, as said Lane is shown upon said Map of Tract No. 336;
thence from said point of beginning, South 68 deg. 20' West, 9.92 feet to a
3/4 inch iron pipe; thence Southwesterly along the arc of a curve to the left,
tangent to the preceeding course, with a radius of 100.00 feet, through a central
angle of 78.00 deg. for an arc distance of 136.14 feet to a 3/4 inch pipe; thence
Southerly on a reverse curve to the right, with a radius of 58.05 feet, through
a central angle of 25 deg. 221, for an arc distance of 25.70 feet to a 3/4 inch
iron pipe; thence continuing Southerly on a compound curve to the right, with a
radius of 58.95 feet, through a central angle of 32 deg. 47' 30 ", for an arc
distance of 33.74 feet to a 3/4 inch iron pipe; thence South 48 deg. 29' 30"
west, 22.78 feet to a 3/4 inch iron pipe; thence North 43 deg. 54' 30" West,
165.33 feet to a 3/4 inch iron pipe set on that certain boundary line established
in the Boundary Line Agreement executed on August 16, 1952 by and between Howard
Arnold Mercer, et ux, and Walter E. Harriman, et ux, recorded August 6, 1952 in
Book 2464 of Official Records, page 598, Santa Clara County Records; thence
along said last named boundary line, the following courses and distances; North
44 deg. 12' East, 80.07 feet, to a 3/4 inch iron pipe, North 39 deg. 56' 30" East,
10.23 feet to a 3/4 inch iron pipe, and North 21 deg. 26' 30" East, 25.80 feet
to a 3/4 inch pipe; thence along a Northeasterly line of Lot 6, as said Lot is
shown on that certain Map entitled, 'Map of Subdivision No. 1 of the Marl
Springer Tract ", which Map was filed for record in the office of the Recorder
of the County of Santa Clara, State of California on May 4, 1905 in Book K of
Maps, page 69, North 41 deg 11' West, 93.69 feet to the Southwesterly corner of
that certain 5 acre tract of land described in the Deed from H. Jarboe, et ux,
to Charles W. Bennett., dated January 5, 1891 and recorded November 17, 1893 in
Book 162 of Deeds, page 248, Santa Clara County Records; thence along the
Southerly line of said 5 acre tract, North 67 deg. 15' East, 77.2 feet to the
Westernmost corner of that certain parcel of land described in the deed from
Walter E. Harriman, et ux, to Samuel Albert McKeown, et ux, dated May 6, 1949
and recorded may 17, 1949 in Book 1788 of Official Records, page 206, Santa
Clara County Records; thence along the Westerly line of the land so described
in the Deed to said McKeown, et ux, South 23 deg. 59' East, 111.96 feet to the
Southwesteriy corner thereof; thence along the Southerly line of said parcel,
South 73 deg. 38' East, 16.22 feet to the Easternmost corner thereof; said point
also being the Southwesterly corner of that certain 0.96 acre tract of land
described in the Deed from Clara A. Willard to Frank B. Willard, dated December
4, 1929 and recorded December 5, 1929 in Book 489 of Official Records, page 533,
Santa Clara County Records; thence along the Southerly line of said 0.96 acre
tract of la.;d, North 86 deg. 41' East, 81.77 feet to the Southwesterl- line of
Tract No. 336, herein referred to; thence along the last said Southwesterly line,
South 10 deg. 27' East, 22.64 feet to the point of beginning, and being a
portion of the Quito Rancho.
First American Title Guaranty Company
1737 North First Street
San Jose, Ca 95112
(408) 451 -7800
November 5, 1996
CITY OF SARATOGA
13777 FRUITVALE AVENUE
SARATOGA, CA 95070
ATTN: LARRY PERLIN, DIRECTOR OF PUBLIC WORKS
Re:Escrow No. 708982
Property Address: 20613 Brookwood Lane, Saratoga
Dear Larry,
Enclosed please find a copy of the recorded easement that we discussed along with the Assessor's
Parcel Maps highlighting the property affected by this easement. The property highlighted in red
is the property benefiting from the easement, as described in the 1905 document. The property
over which the easement was to have ran is from the "easterly" boundary of what at that time
was a 3.25 acre parcel of land to Saratoga & Mountain View Road. The property shown as
Assessor's Parcel Number 503- 24 -35, currently Assessed to the City of Saratoga, is within that
3.25 acre parcel.
It is the intent of David Johnston to record Quitclaim Deeds in an effort to remove any easement
interest of the current owners in those portions of that 3.25 acre parcel to that easement as it
affects this property, which is shown as Assessor's Parcel Number 503 -23 -24 and the adjacent
Parcel 23, which is also in the family.
If I can be of any further assistance, please call.
Sincerely
Carlson
Assistant Vice President
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DETAIL 11
. U U 114,*.!
. *,-
jr sworn, pareonal -oarad Charles J. :artin, executor of the last will of Elizabeth Hewlett
at Uartin, deceased, known me to be the person described in, whose name is subscribed to.
II� and who executed the within rmaent, and aoknowledred to me that he executed the same,
!Ir as such executor.
i
TITIIZSS =7 hand and official sea at my office In said County of Santa Clara, the
day and year first above written.
C. igan, Notary Public in and for
of
,r (IIOiAItIAL SEAL) Santa Clara ounty, State of California.
Recorded at the request of T. S. 3:ont;omery & Son, Oat. 25, A. D. 1905, at 10 min.
I past 3 o'clock P. L:.
I Cannty Re. 0 Qer' "
�,
AWABABeBABABABAsea►aa�eaAa`a► assess BSBSaeaenaseseeABABABesasesABa AeRATtAR eseBeRLeBaBeP
I ELIZABETH PAGE ET A.L
JACBS0
TO AIINE
Ss
s«« s« ss* sasasssssas. sssssssasaasssssssssssasssssass�sssasasssasaasaaasaaaa�aaa ssisssasaaarais
1
THIS INDEBTURn, fade this 23rd day of October, -'I. D.,l905,'between - Elizabeth Fags;
the and Charles A. Page, (her husband) of the County of Santa Clara.- tate of li
Caiotais, the
' Rq - - _-
+� parties of the first part, and An Jackson, the party of the second part;"
cord
That the said parties o.1 the first part, for azA in consideration. of
the sum of Ten Dollars, Cold Coin of the United States of America, to them in hand p aidsby
.Sd
the said party of the L_*coad part, the receipt whereof is hereby aol:aowledged_ haTe.:greats
bargained and sold, conveyed and confirmed, and b these '
� y presents do grant. bargain aad:`ei1T,�,
:Z ' convey and confirm, unto the said party of the second part, and to her heirs and ass
forever, all that certai_ lot, niece or pa-rcel of land situate,
lying and being in the
i5�i
County of Santa Clara, State of California, and branded and particularly described as follows,
to-wit;
BEZIi;IIIIIG at a point I- the center of the Zaito or Campbells Creek, which
iso point is the cc-•.xn cor== of the lands o °-H. Jarboe, NeT ±lli_^s, LeCa_'t2� and Springer, nom:,
cj
running thenoa along the Southerly line- of lands of H. Jarboe, North 44 degrees. 25" Test' a^
,,aid 6.471 chains to a 4" z 4" poet marked A. J. from which a live* Oak 12" in diameter bears
/
North 67 degrees, 25' Test at 191 links and an angle in the said line of lands of Jarboe
3 `�L,Sears North 44 detrrees 9' 'lest at -2B links; thence South 59 degrees 9' feat 2.99 chains to``; - ",7
U :l
a picket marked A. S., thecae South 22 degrees 10' East 7.33 chains to the center of the
Kz� e4 oresaid ,uito or Campbells Creek Prom which point a Rouble alder one foot and two feet'irL
diameter marked ii. T. bears North 22 dei"rees 10' Teat at 10 links, and thence following
.� the meanderin -a of said creek along its center line down stream to the place of begianiag. 7 -7
ces,
Containing 3.25 acres. Courses true. Kagnetic Variation North 16 degrees 30' East.
The parties of the first part hereby grant a right of way over a strip of land 20 feet wide„
on property non e^ned by the parties of the first, part, from the Easterly boundary of said
3.25 acre treat to the Saratoga & '-ountain Tie: load, said strip of land boi.g the one used
day
by the parties of the first part as a roadway. Said parties of the first part keep and re-
taro an undivided one -half (;) interest is the water right going with said 3.25 acre tract
and the right to place and maintain a line of pipe over said 3.25 acre 'tract to the proparty.
now owned by the said parties of the first part. The parties of the first part also grant
onto the party of the second part all that Portion of the premises described in a deed made
by D. S. Payne to C. K.Amderson, which lies outside of the 3.25 acres above described, said
-t
deed is dated a-ay 21, 1988 and is recorded in the office of the County Recorder of Santa
Clara Count,;, is Rook 106 of Deeds, pare 443.
RA�
� ,. .- ,mss. :.,w :r .tip. - " ,�1"kf'�,1��14�.�_±? •r f�
73.
TOGETIM with all and singular the tenements, hereditaraents and appurtenances thereunto
C
belonging, or in anywise appertaining. and the reversion and reversions, rGM&' *Cr a ="
remainders, rents, issues and profits thereof.
TO HAVE AND TO HOLD, all and singular the said premises, together with the appurtenances
unto the said party of the second part, and to her heirs and assigns forever.
IN WITNESS 'vHE3H05, the said parties of the first part have hereunto set their hands and
seals, the day and year first above written.
Elizabeth Page (seal)
Charles A. Page (seal)
♦iiiaaa�`�aa N aaa# tlaa�iaaa. aaaaati• a. aaaa�aat ♦•a...aatiaaa.atiataaaaaaaaata ua. taa�aaa aaaaaa
WAnnie Pinegar, formerly Annie or $amnia Gilman of Santa Clara County,
State of Califora sad Yarahall_Gil —, of same place, were by final decree of the Superior
Court of said Santa are County. entered January 6th. 1905, divorced from the bonds of
matrimony therstofor co- isting between said parties:
AM ;E07-3. the a1 13 Annie PSaegar,formerly Annie or Hannie Gilman, was, at the
P� property hereinafter
•
date of said deoree,_the owns n fee as her separate ui oar: :a
described real property;
AND WHEREAS, the said reallproperty was on October. 6, 1902, declared upon as
a homestead by said Annie Pinegar, the m,Annie or 9annie Gilman; said Declaration of
Homestead being recorded in Book "K ", pagei,`6\, Records of Santa Clara County:
AND ,THEREAs, said "rshall_Gilman does claim some title or interest in and to
said homestead land;
AND -.VM EAs. said Annie 21nnegar, formerl Annie or Hannie Gilman is desirous
of transmitting, at her pleasure, a free, unencumbered and unclouded title to said
real property;
50'd TH.,.3ErMU, this Indenture, made this 24th day" `f October, one thousand nine
hundred and five, between said :.:arshall GiL-an, and Annie Pinnn r, formerly Annie or
Nannie Gilman;
W ITNES�-cTH: That the said larshall GSL.an, for a valuable con9Kd�e-ation, the sane
being hereby acknowledged, has remised, released and forever quit- claimedl` by these
presents does reaiee ,. release and forever .iuit -claim unto the said Annie Pinegar, for-.e
i'
I
t
t
F1
H
STATE OP CALIFORMA,
1
1 33.
COUNTY 08 SANTA CLARA.) On this 23rd day of October, in the year one thousand
nine hundred and five, before me, Charles C. Bell, e
Notary Public in and
for the County of Santa Clara, personally appeared Elizabeth Page &
Charles.A. Page (her
husband) known to me to be the same persons whose names are sub -
t;'..
eoribed to the within inatroment, and they duly acknowledged to me that they executed the .
IN WITNESS
WHEREOF. I have hereunto set my hand and affixed my Official Seal,
a.
mgy.office in the
County of Santa Clara. the day and year in this certificate first
''"
above written.
Charles C. Bell, Notary Public in and for the
`
(NOTARIAL SEAL)
Conaty of Santa Clara. State of California.
n
'
Recorded at
the request of C. F. Small, Oct. 25, A. D. 1901. at 24 min. past
3 O 'clock P. M.
1 :�/ Vwft2'
County Recorder
�
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ArlAiABABABA7t',JAR AUAMAnAR /AABAt} A $A$A3ABABABABABABABABA3A3A3ABA9
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J::GITAMW
TO A."DIa YIHEGAR
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WAnnie Pinegar, formerly Annie or $amnia Gilman of Santa Clara County,
State of Califora sad Yarahall_Gil —, of same place, were by final decree of the Superior
Court of said Santa are County. entered January 6th. 1905, divorced from the bonds of
matrimony therstofor co- isting between said parties:
AM ;E07-3. the a1 13 Annie PSaegar,formerly Annie or Hannie Gilman, was, at the
P� property hereinafter
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date of said deoree,_the owns n fee as her separate ui oar: :a
described real property;
AND WHEREAS, the said reallproperty was on October. 6, 1902, declared upon as
a homestead by said Annie Pinegar, the m,Annie or 9annie Gilman; said Declaration of
Homestead being recorded in Book "K ", pagei,`6\, Records of Santa Clara County:
AND ,THEREAs, said "rshall_Gilman does claim some title or interest in and to
said homestead land;
AND -.VM EAs. said Annie 21nnegar, formerl Annie or Hannie Gilman is desirous
of transmitting, at her pleasure, a free, unencumbered and unclouded title to said
real property;
50'd TH.,.3ErMU, this Indenture, made this 24th day" `f October, one thousand nine
hundred and five, between said :.:arshall GiL-an, and Annie Pinnn r, formerly Annie or
Nannie Gilman;
W ITNES�-cTH: That the said larshall GSL.an, for a valuable con9Kd�e-ation, the sane
being hereby acknowledged, has remised, released and forever quit- claimedl` by these
presents does reaiee ,. release and forever .iuit -claim unto the said Annie Pinegar, for-.e
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