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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 c 117 71 =1 t I "I"V',AI I l 'I I(�(�.A.(:.AI II OI ;'.� 3 (4()S) 861 A41' IS ('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 �T�adaWnwrA' 7 um in amps trrmcbom and m no wy rya. or Y �Iandad bat, a to an mm my, TM pi am dos not MM any wrranly. trew rmraaa of enDrad n m re lyr •aWty d arty VMS= a Vta O'aboy of Vm wo at rry woo ft VW080 on. Notary Pb �tat-eCalif=ia My commission expires A — 3 ,i� rt, r Co,• i i A91 — (Rpv UA31 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