HomeMy WebLinkAbout10-02-1996 CITY COUNCIL AGENDASARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. 2
MEETING DATE: OCTOBER 2, 1996
ORIGINATING DEPT.: PUBLIC WORKS
S^ R 6
AGENDA ITEM
CITY MGR.:
DEPT. HEAD: .
SUBJECT: Authorization to execute $6,300 contract with Traffic
Data Service to update speed zone surveys
Recommended Motion(s):
Move to authorize staff to execute a $6,300 contract with Traffic
Data Service of Campbell to conduct 63 speed zone surveys.
Report Summary:
Current speed zone surveys are required for traffic enforcement
conducted with radar devices. The surveys are filed with the
traffic court and are considered valid for five years absent any
significant changes to the physical characteristics of a given
roadway segment. This year, 62 of the existing speed surveys
will be expiring. Traffic Data Service of Campbell, the firm
which has conducted the surveys for the City in the past, has
provided the attached proposal to conduct new surveys at $100
each. Since there are no other firms in the immediate area which
can provide basic traffic data for a similar price, it is
recommended that the Council authorize staff to execute a
contract with this firm to conduct 63 speed surveys. The
additional survey would be performed on Baylor Avenue to
quantify, and presumably validate, the reported speeding problem
on that street.
Fiscal Impacts•
Total cost of $6,300. Sufficient funds exist in Activity 38
(General Engineering), Account 4520 (Engineering Services).
Advertising Noticing and Public Contact:
Nothing additional.
Consequences of Not Acting on the Recommended Motions:
Staff would not be authorized to execute the recommended contract
and the speed zone surveys would not be performed. Upon
expiration of the existing surveys, the Traffic Court could begin
to dismiss speeding citations.
Follow Up Actions:
A contract will be executed and the speed zone surveys will be
performed. The project would take 2 to 3 weeks to complete.
Attachments:
1. Proposal from Traffic Data Service dated September 12.
" •- -PROM : TRAFFIC DATA SERUICE PHONE NO. : 4083741361 Sep. 13 1996 09:41AM P1
FAX
Traffic Data Service
Campbell, California • Columbia, Maryland
Date 9112196
LNumber of pages including cover sheet 1
TO:
Erman Dorsey
FROM: Richard F. Angulo
City of Saratoga
Traffic Data Service
Engineering Dept.
256 E. Hamilton Ave., Suite K
13777 Fruitvale Ave.
Campbell, CA 95008
Saratoga, CA 95070
Phone
(408) 867 -3438
Phone (408) 374 -2970
Fax Phone
408 741 -1049
Fax Phone 408 374 -1381
CC:
IREMARKS:
❑ Urgent ® For your review
❑ Reply ASAP [ ` \Please Comment
Erman-
Thank you for the opportunity to work with the City once again.
As we discussed in our meeting on August 29, 1996, TDS would propose to conduct 62 radar
speed surveys for a cost of $100.00 each. A print out showing the critical, median, and pace
speeds will be delivered to you for each location.
It is anticipated this project will take about 2 to 3 weeks to complete upon approval of a
contract.
Please fill free to give me a call if you have any questions.
Rich
256 E. Hamilton Ave. Suite K Campbell California 95008 (408) 374 -2970
Fax(408)374 -1361
n
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. �� 0� AGENDA ITEM
MEETING DATE: OCTOBER 2, 1996 CITY MGR.:
ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD:
SUBJECT: Final Map Approval for Tract No. 8876 (6 lots at 13145
Pierce Road), Owner: Blackwell Brothers Development
Recommended Motion(s):
1. Move to adopt Resolution No. SD 96 -001 granting final map
approval of Tentative Map Application No. SD 96 -001 for six lots at
13145 Pierce Road.
2. Move to authorize the Mayor to execute the Subdivision
Improvement Agreement.
Report Summary:
Attached is Resolution No. SD 96 -001 which, if adopted, will grant
final map approval for six lots located at 13145 Pierce Road. I
have examined the final map and related documents submitted to me
in accordance with the provisions of Section 14.40.020 of the
Municipal Code and have determined that:
1. The final map substantially complies with the approved
tentative map.
2. All conditions of the approved tentative map, as contained
in Planning Commission Resolution No. SD 96 -001, have been
completed or will be completed concurrent with development
of the six lots.
3. The Subdivision Map Act, the City's Subdivision Ordinance
and all other applicable provisions of law have been
complied with.
4. The final map is technically correct.
Consequently, I have executed the City Engineer's certificate on
the final map and have filed the final map with the City Clerk
pursuant to Section 14.40.040 of the Municipal Code for action by
the City Council.
Fiscal Impacts:
The subdivider has paid $21,553.13 in Engineering Fees and $40,800
in Park Development Fees required for this subdivision.
Follow Up Actions:
The signed map will be released to the subdividers Title Company
for recordation along with recording instructions.
Consequences of Not Acting on the Recommended Motions:
The final map must either be approved or rejected by the City
Council. If the map is rejected, it would be returned to the
subdivider with findings as to why the map was rejected.
Attachments:
1. Resolution No. SD 96 -001 granting final map approval.
2. Subdivision Improvement Agreement.
3. Planning Commission Resolution No. SD 96 -001 approving the
tentative map with conditions.
REPORT TO THE PLANNING COMMISSION
Application No. /Location: SD -96 -001; 13145 Pierce Road
Applicant /Owner: BLACKWELL BROTHERS
Staff Planner: Heather Bradley
Date: July 24, 1996
APN: 503-16-052 Director Approval:
13145 Pierce Road
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4,
RESOLUTION NO. SD 96 -001
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING THE FINAL MAP OF SD 96 -001
13145 PIERCE ROAD (BLACKWELL BROTHERS DEVELOPMENT)
The City Council of the City of Saratoga hereby resolves as
follows:
SECTION 1: Lots 1 - 6 as shown on that certain map of Tract
No. 8876, prepared by Jennings, McDermott, Heiss,
Inc., dated July, 1996, and filed with the City
Clerk of the City of Saratoga on October 2, 1996,
are approved as-'SIX (6) individual parcels.
SECTION 2: All streets and easements shown on said map and
offered for dedication to public use are hereby
rejected on behalf of the public, save and except
for public service easements; and to the limited
extent that any offers for public street purposes
either expressly or implicitly include offers for
easements for utility purposes along or beneath said
street rights of way, then as to such express or
implied offers of easements for public utility
purposes, the same are hereby accepted on behalf of
the public.
The above and foregoing resolution was passed and adopted by the
Saratoga City Council at a meeting held on the 2nd day of October,
1996,.by the following vote:
AYES: Councilnxnbers Burger, Moran, Tucker and Wolfe
NOES: None
ABSENT: None
ABSTAIN: Mayor Jacobs
ATTEST Mayor
Deputy City Clerk
EXHIBIT A
LEGAL DESCRIPTION
STORM DRAIN EASEMENT
LANDS OF DUTRO
8 -FOOT WIDE STORM DRAIN EASEMENT, THE CENTER LINE OF WHICH IS HEREIN
DESCRIBED AS FOLLOWS:
Beginning at the most easterly corner of Lot 10, Tract 416, which map was
filed in Book 12 of Maps, at page 53, Santa Clara County Records; thence
along the dividing line between Lots 10 and 1 North 38.Degrees 38 Minutes
West a distance of 76.19 feet to the centerline of said 8 -foot wide Storm
Drain Easement, and the True Point of Beginning of this description;
thence along the center line of said Storm Drain Easement South 82 Degrees 21
Minutes 30 Seconds West a distance of 10.83 feet; thence North 34 Degrees 33
Minutes 37 Seconds West a distance of=30.29 feet; thence South 89 Degrees 43
Minutes 02 Seconds West a distance of 33.73 feet; thence South 16 Degrees 14
Minutes 59 Seconds West a distance of 19.73 feet; thence South 66 Degrees 43
Minutes 21 Seconds'West a distance of 6.96 feet to a point in the
southeasterly right of way line of Congress Springs Road and northwesterly
line of lands as described in a deed recorded in Book N 731 of deeds, page
2140, official Records of Santa Clara County, California.
the center line of existing storm drain line thence continues on following
coursess and distances within the existing right of way of Congress Springs
Road: South 66 Degrees 43 Minutes 21 Seconds West a distance of 22.11 feet;
thence South 27 Degrees 24 Minutes 33 Seconds West a distance of 60.63 feet;
thence South 56 Degrees 31 Minutes 44 Seconds West a distance of 10.01 feet
to the southeasterly right of way of Congress Springs Road; said portion of
the existing storm drain within the right of way of Congress Springs Road is
not a part of the 8 -foot wide Storm Drain Easement herein described;
the centerline of Storm Drain Easement thence continues within lands as
described in a said deed recorded in Book N 731 of deeds, page 2140, Official
Records of Santa Clara County, South 56 Degrees 31 Minutes 44 Seconds West a
distance of 28.46 feet to the westerly line of said lands, and the terminus
of said 8 -foot Storm Drain Easement.
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PAMELA NAY
Exhibit B
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Saratoga
Department of Public Works
13777 Fruitvale Avenue
Saratoga, CA 95070
OFFER TO DEDICATE A PUBLIC STORM DRAINAGE EASEMENT
APN 517 -07 -007
20820 BIG BASIN WAY
For valuable consideration, the undersigned owners of real property
situated in the City of Saratoga, County of Santa Clara, State of
California, and more particularly described in Exhibit A attached
hereto, hereby warranting that they constitute all of the owners
thereof, for themselves, their heirs, successors and assigns,
hereby irrevocably offer to dedicate to the City of Saratoga, a
Municipal Corporation, a Public Storm Drainage Easement under,
over, and across said property.
Said easement is offered with the following terms and conditions:
1. The easement is for the sole- purpose of installing,
operating and maintaining a public storm drainage line and
appurtenant drainage facilities. The City shall be fully
responsible for the drainage line and appurtenant facilities, and
any required maintenance thereof and repairs thereto.
2. City shall endeavor whenever possible to provide owners
with 24 hours advance notice before accessing the easement to
perform maintenance or repair activities in connection with the
drainage line and /or appurtenant facilities. However, the
inability of the City to contact owners shall not in any way
preclude access - to the easement by either the City or its
authorized agents. In the event of an emergency, the City and /or
its agents shall have full and immediate access to the easement.
3. The easement shall be kept free and clear at all times of
any permanent structures and other physical encumbrances which
would prevent access to the easement and any portion thereof,
including the drainage line and appurtenant facilities.
4. City shall, in a timely manner, restore owners' property,
including the easement, to conditions existing prior to entrance
onto owners' property, after the performance of any maintenance,
repairs or other activities in connection with the drainage line
and appurtenant facilities.
I
The undersigned understands that the within offer can only be
accepted by resolution of the City Council of the City of Saratoga
and recordation of this instrument shall not and will not
constitute acceptance of the within offer to dedicate. This offer
shall be irrevocable and shall be binding upon our heirs, personal
representatives, successors and assigns. The plural as used herein
shall include the singular, and the singular shall include the
plural.
Executed this 20th day of September , 19 96
Marion F. Dutro
Mary L. Dutro
(All signatures must be acknowledged before a Notary Public -
attach either a corporate, individual or partnership notary form.)
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TRACT 41e,
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PAMELA WAY
;T14- �Ips—.ar: —
CONTRACT FOR THE IMPROVEMENT OF SD 96 -001
AGREEMENT, made and entered into this day of
1996, by and between the CITY OF SARATOGA, a Municipal corporation
of the State of California, hereinafter called "City ",. and
Blackwell Brothers Development, subdivider and Owner, hereinafter
collectively called Subdivider:
W I T N E S E T H•
WHEREAS, Subdivider is engaged in subdividing that certain
tract of land known and designated as 13145 Pierce Road
situated in the City of Saratoga, County of Santa Clara, State of
California; and
WHEREAS, a final map of SD 96 -001 has been filed with the
City Clerk of the City of Saratoga for presentation to the Council
for its approval, which map is hereby referred to and by said
reference incorporated herein; and
WHEREAS, Owner and Subdivider has requested approval of said
final map prior to the completion of improvements of all streets,
highways or public ways and sewer facilities which are a part of or
appurtenant to the abovementioned subdivision, including, but
without limiting the foregoing, the necessary paving, catch basins,
pipes, culverts, storm drains, sanitary sewers where required,
street trees and street signs where required, and including a water
system and fire hydrants acceptable to the San Jose Water Works and
the City of Saratoga, all in accordance with and as required by the
plans and specifications for all of said improvements in or
appurtenant to said subdivision, which plans and specifications
were prepared by Jennings- McDermott -Heiss Inc , Civil Engineer,
approved by the City Engineer and now on file in the offices of the
Clerk of said City and /or the City Engineer's Office of said City,
and
WHEREAS, the City Council of said City did on the
day of 1996, adopt a Resolution approving
said Final Map, rejecting certain dedications therein offered which
rejection did not and does not, however, revoke the offers of
2
dedication therein contained and requiring as a condition precedent
to the future acceptance of said offers of dedication that the
Subdivider improve the streets and easements thereon shown in
accord with the standards of the City's Subdivision Ordinance, as
amended, . of the City of Saratoga and in accord with the improvement
plans and specifications on file as hereinabove referred to, and
requiring as a condition precedent to the release of said f inal map
for recordation that the subdivider agree in writing to so improve
said streets and easements in accord with this agreement,
NOW, THEREFORE, in consideration of the above and in
consideration of the City accepting all of said dedications after
the hereinafter agreed to covenants on the part of the Owner and
Subdivider have been complied with and in accord with Government
Code Section 66462(a) of the State of California, it is hereby
agreed as follows:
1. Subdivider at this cost and expense shall construct all of
the improvements and do all of the work hereinafter mentioned, all
in accordance with and to the extent and as provided in the above
mentioned plans and specifications on file in the office of said
City, for the construction of said improvements, in, for, or
appurtenant to said subdivision, and all in compliance with the
City's Subdivision Ordinance as amended and the laws of the State
of California, and shall complete the same within one year from
date hereof and shall maintain the same for a period of at least
one year after the satisfactory completion of the same.
2. Subdivider shall, before the release of said final map by
City and as condition precedent to recordation thereof, furnish to
the City and file with the City Clerk a good and sufficient surety
bond or bonds, money or negotiable bonds, in form to be approved by
the City Attorney, securing the faithful performance by Subdivider
of all work and the construction of all improvements herein in this
Agreement mentioned within time specified, and securing the
faithful performance by Subdivider of the maintenance of said
improvements for a period of at least one year after completion of
the same, and for such additional period of time as may be
3
necessary in order that Subdivider may cure and correct all
deficiencies of construction to the satisfaction of the City
Engineer of the City of Saratoga (in all events at least
$16,500.00 of said bond to be in cash, with the right of City to
use the same in its discretion for emergency maintenance and
repairs in addition to any other rights of use) the total amount of
said bond to be in the sum of $ 165,000.00 ; and also a good and
sufficient surety bond in form to be approved by the City Attorney
securing the payment by subdivider of all bills for labor and
materials incurred in the construction of any and all of said
improvements, and the doing of all other work herein agreed to be
done by the said Subdivider, the amount of said bond to be One -
Hundred- Sixty -Five Thousand Dollars ($ 165,000.00 ).
3. Subdivider does hereby expressly agree to indemnify and
hold harmless the City and in their capacity as such, its
councilmen, officers, boards, commissions and its employees, from
any and all loss or damage, and from any and all liability for any
and all loss or damage, and from any and all suits, actions,
damages, or claims filed or brought by any and all person or
persons because of or resulting from the doing by Subdivider or any
and all things required of Subdivider by this contract, or because
of or arising or resulting from the failure or omission by
Subdivider to do any and all things necessary to and required by
this contract or by law, or arising or resulting from the negligent
doing by Subdivider, his agents, employees or subcontractors of any
and all things required to be done by this contract, or arising or
resulting from any dangerous or defective condition arising or
resulting from any of the above said acts or omissions of
subdivider, his agents, subcontractors, or employees. Subdivider
having heretofore certified, by the certificate upon the
abovementioned subdivision map, that he can convey clear title to
the land within said subdivision, and City having relied upon said
certificate and the representation contained therein, the foregoing
provisions of this paragraph are specifically made to apply to any
destruction or damage to or removal of utilities, water lines or
4
pipe lines of any kinds, and any other improvement, whether said
destruction, damage or removal is required or caused by the plans
or specifications or by direction of an officer, agent or employee
of the City.
4. ' Subdivider shall, before the release of said final map by
the City, and as a condition precedent to the recordation thereof,
furnish to the City and file with the City Clerk certificates or
policies of public liability and property damage insurance in form
satisfactory to the City Attorney, and Subdivider shall at all
times during the entire term of this agreement maintain the same in
full force and effect, which policies shall insure the City of
Saratoga, its Councilmen, officers, boards, commissions and
employees against loss or liability for bodily injury and property
damages arising or resulting from subdivider's operations and
activities in the construction of any and all improvements
mentioned in this agreement and the doing of any and all work
mentioned in this agreement, within or outside the abovementioned
subdivision, and /or arising or resulting from the doing or failure
of subdivider to do all things required to be done pursuant to this
agreement. Said policies of insurance shall cover bodily injury
and property damage on both an accident and occurrence basis, with
completed operations coverage for one (1) year after completion and
acceptance of improvements, and shall be in amounts of not less
than ONE MILLION DOLLARS ($1,000,000.00) for each person, ONE
MILLION DOLLARS ($1,000,000.00) for each accident or occurrence and
property damage coverage of ONE - HUNDRED THOUSAND DOLLARS
($100,000.00) for each accident or occurrence and property damage
coverage of ONE - HUNDRED THOUSAND DOLLARS ($100,000.00) for each
accident or occurrence. Said policies of insurance shall in
addition contain the following endorsement: "Other insurance - the
coverage afforded by this insurance shall be primary coverage to
the full limits of liability stated in the declarations. If the
assured has other insurance against the loss covered by this
policy, that other insurance shall be excess insurance only, after
the entire face value of this policy shall have been exhausted by
5
payment."
5. In consideration of City allowing Subdivider to connect
said subdivision to certain existing or proposed out -of -tract storm
sewer lines, and in consideration of City relieving Subdivider of
any obligation which City might legally impose on Subdivider to
acquire any right -of -way for, and /or to construct, any out -of -tract
storm sewer drainage pipe lines and appurtenances which might
reasonably be necessary to drain said subdivision and carry storm
waters from said subdivision to natural drains, Subdivider
shall, before the release of said final map by City and as a
condition precedent to the recordation thereof, pay the City the
sum of Zero dollars ($ 0 ).
6. In consideration of City agreeing to accept, in accord
with this agreement, the in -tract storm drain lines and facilities
constructed or to be constructed by Subdivider within or outside of
said subdivision in accord with the plans and specifications now on
file with the City offices, including the streets and other
easements in or beneath which said facilities lie, Subdivider
shall, before the release of said final map by City and as a
condition precedent to the recordation thereof, pay the City the
sum of Zero Dollars ($ 0 ).
7. Subdivider shall, before the release of said final map by
the City and as a condition precedent to the recordation thereof,
pay to the City the sum of Twelve- Thousand - Nine - Hundred Dollars
($ 12,900.00) to be applied by City to the payment of expenses to
be incurred by City for engineering and inspection services to be
performed by the City in connection with said subdivision.
8. Upon Subdivider completing in accord with this agreement
all of the improvements to be made and done by said Subdivider as
hereinabove set forth and as shown on the plans and specifications
on file as hereinabove referred to, and upon Subdivider having
properly maintained the same for a period of at least one year
after the completion of said improvements as hereinabove specified,
and upon the Subdivider complying with all covenants and conditions
on his or its part to be done and performed in accord with the
2
within agreement, then and in that event, City agrees to rescind
its rejection of the offers of dedication of streets and storm
drain easements contained on the aforesaid final map, and at that
time accept said offers of dedication.
9. Should the Subdivider and Owner hereinabove referred to
not be the same person, firm or corporation, then this agreement
shall 'only be effective upon both the subdivider and the Owner
separately executing the same, and wherever the term Subdivider is
used, the same shall include Owner and wherever the term Owner is
used, the same shall include Subdivider.
10. This agreement shall be binding upon the heirs, personal
representatives and assigns of Subdivider and Owner, and time is of
the essence hereof, save and except that the City Council of the
City of Saratoga may, but need not, extend any time or times for
the doing or performing of any acts as required under the terms of
this agreement by resolution, if in the opinion of the City Council
any such delay is without fault on the part of the Subdivider and
Owner.
Execution of the within agreement by the Owner or Subdivider
shall constitute an irrevocable authorization to City to insert the
date of passage of the Council resolution approving the final map,
and to insert the date of this agreement as of the date of such
resolution.
IN WITNESS WHEREOF, the parties hereto have set their hand the
day and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF SARATOGA, a Municipal Corporation
By:
By:
By:
Mayor
(Owner, if different from
Subdivider)
RESOLUTION NO. SD -96 -001
RESOLUTION APPROVING TENTATIVE MAP OF
BLACKWELL BROTHERS; 13145 Pierce Road
WHEREAS, application has been made to the Advisory Agency
under the Subdivision Map Act of the State of California and under
the Subdivision Ordinance of the City of Saratoga, for Tentative
Map approval of six (6) lots, all as more particularly set forth in
File No. SD -96 -001 of this City; and
WHEREAS, this Advisory Agency hereby finds that the proposed
subdiv3',sion, together with the provisions for its design and
improvement, is consistent with the Saratoga General Plan and with
all specific plans relating thereto; and the proposed subdivision
an$ land use are compatible with the objectives, policies and
general land use and programs specified in such General Plan,
reference to the staff report dated July 24, 1996 being hereby made
for further particulars; and
WHEREAS, this body has heretofore received and considered the
environmental Negative Declaration prepared for this project in
accord with the currently applicable provisions of CEQA; and
WHEREAS, none of the conditions set forth in Subsections (a)
through (g) of Government Code Section 66474 exist with respect to
said subdivision, and tentative approval should be granted in
accord with conditions as hereinafter set forth; and
WHEREAS, the Planning Commission has conducted a duly noticed
public hearing at which time all interested parties were given a
full opportunity to be heard and to present evidence.
NOW, THEREFORE, BE IT RESOLVED that the Tentative Map for the
hereinafter described subdivision, which map is dated February 1995
and is marked Exhibit "A" in the hereinabove referred file, be and
the same is hereby conditionally approved. The conditions of said
approval are as follows:
Completed by Surveyor.
1. Prior to submittal of a Final Map to the City Engineer for
examination, the owner (applicant) shall cause the property to
be surveyed by a Licensed Land Surveyor or an authorized Ci%it
Engineer. The submitted map shall show the existence of a
monument at all external property corner locations, either
found or set. The submitted map shall also show monuments set
at each new corner location, angle point, or as directed by
the City Engineer, all in conformity with the Subdivision Map
Act and the Professional Land Surveyors Act.
Completed. 2. The owner
(applicant) shall submit four (4) copies of a Final
Map in substantial conformance with the approved Tentative
Man, along with the additional documents required in Section
14- 40.020 of the Municipal Code, to the City Engineer for
examination. The Final Map shall contain all of the informa-
Fees Paid.
Included in Improvement
Bond.
All easements offered on
Final Map.
Plans submitted and
approved.
File No. SD -96 -001; 13145 PIERCE ROAD - BLACKWELL BROTHERS
tion required by Section 14- 40.030 of the Municipal Code and
shall be accompanied by the following items:
a. One copy of map checking calculations.
b. Preliminary Title Report for the property dated within
ninety (90) days of the date of submittal of the Final
Map.
C.. One copy of each map referenced on the Final Map.
d. One copy of each document /deed referenced on the Final
Map.
e. One copy of any other map, document, deed, easement or
other resource that will facilitate the examination
process as requested by the City Engineer.
3. The owner (applicant) shall pay a Map Checking fee, as
determined by the City Engineer, at the time of submittal of
the Final Map for examination.
4. Interior monuments shall be set at each lot corner either
prior to recordation of a Final Map or some later date to be
specified on a Final Map. If the owner (applicant) chooses to
defer the setting of interior monuments to a specified late=
date, then sufficient security as determined by the City
Engineer shall be furnished prior to Final Map approval, to
guarantee the setting of interior monuments.
S. The owner (applicant) shall provide Irrevocable Offers of
Dedication for all required easements and /or rights of way on
the Final Map, in substantial conformance with the approved
Tentative Map, prior to Final Map approval.
C
Completedk.on improvement 7
plans.
Completed on improvement 8
plans.
The owner (applicant) shall submit engineered improvement
plans to the City Engineer in conformance with the approved
Tentative Map and in accordance with the design and improve-
ment requirements of Chapter 14 of the Municipal Code. The
improvement plans shall be reviewed and approved by the City
Engineer and the appropriate officials from other public
agencies having jurisdictional authority, including public and
private utility providers, prior to approval of the Final Map.
The improvement plans shall include the construction of
asphalt concrete dikes and /or swales along the frontage of the
subdivision to Comer Drive in order to mitigate existing
erosion along Pierce Road and to mitigate additional runoff
created by the subdivision.
Consistent with the requirements of the Public Works Depart-
ment, Pierce Road shall be widened along the frontage of the
All utility commitments
File
No. SD -96 -001; 13145 PIERCE ROAD - BLACK-WELL BROTHERS
provided.
subdivision to allow for safe ingress and egress to and from
Pierce Road.
Fees paid.
9.
The owner (applicant) shall pay an Improvement Plan Checkina
fee,
as determined by the City Engineer, at the time Improve-
ment Plans are submitted for
Agreement signed.
10.
review.
The
14.
owner (applicant) shall enter into an Improvement Agree-
ment with the City in
accordance with Section 14- 60.010 of the
Municipal Code prior to Final Map approval.
All securities provided.
11.
The
15.
owner (applicant) shall furnish Improvement Securities in
accordance with Section
Acknowledged.
14- 60.020 of the Municipal Code in the
manner and amounts determined by the City Engineer
16.
Final Map approval. prior to
Insurance provided.
12.
The owner (applicant) shall furnish a written indemnitv
agreement and proof of insurance coverage, in accordance with
Section 14- 05.055 of the
Municipal Code, prior to Final Man
approval. _
All utility commitments
13.
Prior to Final Map approval, the owner (applicant)
provided.
shall
furnish the City Engineer with satisfactory written commit-
ments from all public and private utility providers serving
the subdivision
guaranteeing the completion of all required
utility improvements.
All permits obtained.
14.
The owner (applicant) shall secure all necessary permits from
the City and
any other public agencies, including public and
Private utility providers,
Fees paid.
prior to Final Map approval.
15.
The owner (applicant) (a licant) shall pay the applicable Park and
Recreation in -lieu fees
Acknowledged.
prior to Final Map approval.
16.
All public and private improvements required for the project
shall be completed and
accepted for construction by the City
Engineer, Planning Director, and /or the
appropriate officials
from other public agencies, including public and
private
utility providers, prior to issuance of building permits for
any of the lots.
Acknowledged.
17.
All building and construction related activities shall adhere
to New Development and Construction
- Best Management Practic-
es as adopted by the City for the
purpose of preventing storm
water pollution.
Design complete,
18.
The proposed bridge spanning Calabazas Creek to Lot 3 shall be
designed by licensed
a structural engineer and shall have a
minimum clear width of 16 feet
and be designed to sustain a
minimum dynamic loading of 35,000 pounds in
accordance with
the requirements of Section 16- 15.170 of the City Code.
Plans,
specifications and structural calculations for the new
File No. SD -96 -001; 13145 PIERCE ROAD - BLACKWELL BROTHERS
bridge shall be submitted to the City Engineer for review and
approval
prior to. Final Map Approval. The bridge shall be
constructed either at the time
of subdivision improvements or
at the time a residence is built on Lot 3,
at the developers
discretion and subject to City approval.
Agreements obtained.
19. The applicant shall
enter into a Streambed Alteration Agree-
ment with the California Department of Fish
and Game for work
performed within the creek and obtain-approval from the Army
Corps
of Engineers and Santa Clara Valley Water District prior
to-Final Map Approval.
Acknowledged.
20.. Notice of construction shall be distributed to all residents
within
500 ft. of the property at least five calendar days
prior to
commencement of construction in such form as deter-
mined by the City Engineer.
The applicant (owner) shall
reimburse the City the full
cost of providing such notice
prior to receiving approval from the City Engineer to
commence
work on the project.
Requirements met.
21. All requirements of the Cupertino Sanitation District shall be
met.
Requirements met.
22. All
requirements of the San Jose Water Company shall be met.
Acknowledged.
23. Any existing septic tank on the property shall be pumped and
backfilled in
accordance with County Environmental Health
Division standards
prior to acceptance of Subdivision con-
struction improvements.
Acknowledged.
24. Any and all existing wells shall be abandoned and sealed
to
Santa Clara Valley Water District standards prior to Final Map
Approval. _
Acknowledged.
25. A dedication of right -of -way or fee title shall be given to
the Santa Clara
Valley water District.
Requirements met.
26. All requirements of the Santa Clara Valley Water District
shall be
met.
Acknowledged.
27. A
riparian habitat preservation /open space easement shall be
recorded on Lots
3 and 4, 60 ft. from the centerline of
Calabazas Creek. No built improvements,
with the exception of
open wire fencing with spacing between the
Acknowledged.
wires of at least
4 inches in diameter, shall be permitted within this 60 feet.
28. The owner (applicant) shall install two (2) fire hydrants that
meet the Central
Fire District's specifications. Pursuant to
the applicable Uniform
Fire code. Water flow shall be based
on maximum 6,160 square foot potential future
residences and
shall provide a minimum 1,750 GPM.
Acknowledged.
Acknowledged.
Acknowledged.
33. No grading or building pad improvement work shall take place
on the individual lots until Design Review applications have
been reviewed and approved by the Planning Commission.
34. Pursuant to the City Arborist's report dated April 10, 1996,
all tree preservation requirements shall be met, prior to
Final Map approval, including but not limited to:
a. All trenches which must be dug for any utility lines
shall be plotted on the map and reviewed and approved by
the City Arborist.
b. All recommended tree cabling, pruning, end - weight removal
and fertilizing shall be completed and accepted by the
City Arborist.
C. The retaining wall and roadway access to lot #4 shall be
shifted to the north by an additional 5 linear feet from
tree #1, which would make a total of 12 linear feet from
the tree's trunk. At 12 linear feet, the linear footing
for the retaining wall would begin with the width of the
wall extending north from that point.
d. The grading, installation of road materials and the
equipment to perform these function shall be kept to the
north of tree 412 by a minimum of 15 linear feet.
35. Prior to the commencement of any construction activities, the
City Arborist shall oversee and inspect the following work:
File
No. SD -96 -001; 13145 PIERCE ROAD - BLACKWELL BROTHERS
Acknowledged.
29.
Future development of Lots 1 through 6 shall require Design
Review
approval. Building sites shall be consistent with the
approved building envelopes and based
on current Zoning
Ordinance regulations and City policy. The location of
any
structures on Lots 1 -6 shall maximize tree preservation.
Acknowledged.
30.
Future development of Lots 1 and 6 shall be limited
to single -
story structures.
Acknowledged.
31.
Future development of Lot 3 shall be consistent with the size
and scale of homes in
the Comer Drive neighborhood and the
allowable floor area shall be based on the
-
size and slope of
the western portion of Lot 3, in which the building is
•
located. pad
Acknowledged.
32.
Design Review approvals shall only be granted upon finding
that
the proposed structure is compatible in terms of scale
and design with the existing
adjacent residences, that it is
in conformance with the City's Residential Design Guidelines
and that all of the necessary Design Review findings can be
made.
Acknowledged.
Acknowledged.
Acknowledged.
33. No grading or building pad improvement work shall take place
on the individual lots until Design Review applications have
been reviewed and approved by the Planning Commission.
34. Pursuant to the City Arborist's report dated April 10, 1996,
all tree preservation requirements shall be met, prior to
Final Map approval, including but not limited to:
a. All trenches which must be dug for any utility lines
shall be plotted on the map and reviewed and approved by
the City Arborist.
b. All recommended tree cabling, pruning, end - weight removal
and fertilizing shall be completed and accepted by the
City Arborist.
C. The retaining wall and roadway access to lot #4 shall be
shifted to the north by an additional 5 linear feet from
tree #1, which would make a total of 12 linear feet from
the tree's trunk. At 12 linear feet, the linear footing
for the retaining wall would begin with the width of the
wall extending north from that point.
d. The grading, installation of road materials and the
equipment to perform these function shall be kept to the
north of tree 412 by a minimum of 15 linear feet.
35. Prior to the commencement of any construction activities, the
City Arborist shall oversee and inspect the following work:
Complete. 39. Prior to Final Map approval, the foundation and embankment
design criteria for the bridge abutments shall be clarified.
The project geotechnical engineer shall provide specific
recommendations for reinforced earth (and /or conventional
artificial fill) to the project civil engineer prior to final
bridge design. Pier foundation criteria for the proposed
bridge should be re- evaluated and modified, as needed, with
respect to scour potential and proximity to the active creek
channel. Foundation design criteria for the proposed bridge
should include, at a minimum, recommendations for: pier
spacing, pier diameter, minimum depth into bedrock, and
minimum steel reinforcement. Additional subsurface investiga-
tion of the access to Lot 3 may be needed to more fully
characterize conditions at each abutment.
The results of the supplemental Geotechnical Design Criteria
shall be summarized by the project geotechnical engineer and
engineering geologist in an addendum letter- report with
File No. SD -96 -001; 13145 PIERCE ROAD - BLACKWELL BROTHERS
a. Installation of all recommended tree protection fencing.
This fencing shall remain in place throughout construc-
tion activities.
b. The removal of those trees within the roadway construc-
tion and shown to be removed on the Tentative Map. No
other ordinance protected trees shall be removed.
Acknowledged.
36. The owner (applicant) shall submit to the City,
lamount
acceptable to the Planning Director, security in the �of
$20,561.00
pursuant to the report and recommendation by the
City Arborist
to guarantee the installation, replacement,
maintenance, and /or
preservation of trees on the subject site.
This security deposit shall be
released at the time cf
construction acceptance upon the City Arborist,s finding that-
all tree protection measures have been adequately followed.
Acknowledged.
37. Prior commencement of subdivision construction improvements,
the applicants shall have a qualified professional survey the
site to verify that no actively used raptor nests would be
disturbed during construction
activity. If any nests are
found in trees that
are proposed for removal or would be
disturbed by construction
activity, the applicants shall
comply with the
requirements of the California Department of
Fish and Game and the
Acknowledged.
U.S. Fish and Wildlife Service. These
surveys shall also be submitted to the Planning Division.
38. Subdivision construction hours shall be restricted between
7:30
a.m. and 6:00 p.m., Monday through Friday, except in the
event of
an emergency which imperils the public safety. The
City Engineer may
grant an exemption upon his /her determina-
tion of
an emergency. No construction work shall be permitted
on legal holidays.
Complete. 39. Prior to Final Map approval, the foundation and embankment
design criteria for the bridge abutments shall be clarified.
The project geotechnical engineer shall provide specific
recommendations for reinforced earth (and /or conventional
artificial fill) to the project civil engineer prior to final
bridge design. Pier foundation criteria for the proposed
bridge should be re- evaluated and modified, as needed, with
respect to scour potential and proximity to the active creek
channel. Foundation design criteria for the proposed bridge
should include, at a minimum, recommendations for: pier
spacing, pier diameter, minimum depth into bedrock, and
minimum steel reinforcement. Additional subsurface investiga-
tion of the access to Lot 3 may be needed to more fully
characterize conditions at each abutment.
The results of the supplemental Geotechnical Design Criteria
shall be summarized by the project geotechnical engineer and
engineering geologist in an addendum letter- report with
File No. SD -96 -001; 13145 PIERCE ROAD - BLACKWELL BROTHERS
appropriate illustrations, and submitted to the City for
review
and approval by the City Engineer and City Geotechnical
Consultant
prior to Final Map approval.
Complete.
40. Improvement plans shall be prepared to show proposed building
envelopes, driveway access
to all lots, final bridge founda-
tion details, and other modifications
to the property. The
geotechnical consultant shall review the Improvement Plans and
approval all
geotechnical aspects of the final subdivision -
level improvements (i.e., building
setbacks, site drainage
improvements, creek erosion protection; and
geotechnical
design parameters for foundations, retaining walls, roadways,
etc.) to
• ensure that the consultant's recommendations have
been properly incorporated.
The results of the Improvement Plan review shall be summarized
in a letter by the
geotechnical consultant and submitted to
the City for review and approval by the City Engineer
Final Map approval. prior to
Acknowledged .
41. The engineering '
g geolo is and geotechnical consultants shall
inspect, test (as
needed), and approve all geotechnical
aspects of the project demolition
and construction. These
inspections should include, but not necessarily be limited
to:
site surface and subsurface drainage improvements, and excava-
tions for foundations
and retaining walls prior to the
placement of steel and
concrete.
The results of these inspections and the as -built conditions
of the
project shall be portrayed on an As -Built Map and Cross
Sections and described
in a letter(s) or reports(s) and
submitted to the City Engineer for
review prior to Construc-
tion Acceptance of subdivision improvements.
Acknowledged.
42. Prior to issuance
of permits, a geotechnical report update
shall be performed for
proposed residential developments on
lots 1, 5, and 6. supplemental
site - specific subsurface data
may be needed to determine subsurface conditions
at specific
building sites. Geotechnical design criteria and grading
recommendations shall
be provided based on characterization of
site conditions. Geotechnical
Report Updates and proposed
development plans shall be submitted
to the City to be
reviewed and approved by the City Engineer
prior to issuance
of grading permits for lots 1, 5, and 6.
Acknowledged.
43. Prior to Design Review approval, a Geotechnical Report Update
shall be performed for
proposed residential developments on
lots 3 and 4. Supplemental
site - specific subsurface data will
likely be needed to determine subsurface
conditions in and
around building sites. Characterization and evaluation of
potential slope instability
shall be conducted as part of the
report updates, and geotechnical design
criteria and grading
File No. SD -96 -001; 13145 PIERCE ROAD - BLACKWELL BROTHERS
recommendations shall be provided based on characterization of
site conditions. Drainage improvements shall be provided to
mitigate the potential for shallow ground water.
Geotechnical Report Updates, including a site - specific
engineering geologic map and cross section depicting proposed
cuts and fills (i.e., existing and proposed topographic
profiles), and proposed development plans shall be submitted
to the City to be reviewed and approved by the city Engineer
and City Geotechnical Consultant prior to Geotechnical
Clearance for lots 3 and 4.
Acknowledged. 44; The owner (applicant) shall, upon the City's request, defend,
indemnify and hold the City and its officers, officials,
boards, commissions, employees and volunteers harmless from
and against any claim, action or proceeding to attack, set
aside, void or annul this approval, or any of the proceedings,
acts or determinations taken, done or made prior to such
approval, which is brought within the time specified in Sec.
14- 85.060 of the Municipal Code. If a defense is requested,
the City shall give prompt notice to the applicant of any such
claim, action or proceeding, and shall cooperate fully in the
defense thereof. Nothing herein shall prevent the City from
participating in the defense, but in such event, the City
Acknowledged. shall pay its own attorney's fees and costs.
45. Noncompliance with any of the conditions of this permit shall
constitute a violation of the permit. Because it is impossi-
ble to estimate damages the City could incur due to the
violation, liquidated damages of $250 shall be payable to this
City per each day of the violation.
Section 1. Conditions must be completed within twenty -four
(24) months or approval will expire.
Section 2. All applicable requirements of the State, County,
City and other Governmental entities must be met.
Section 3. Unless appealed pursuant to the requirements of
Article 15 -90 of the Saratoga City Code, this Resolution shall
become effective fifteen (15) days from the date of adoption.
File No. SD -96 -001; 13145 PIERCE ROAD - BLACKWELL BROTHERS
PASSED AND ADOPTED by the City of Saratoga Planning Commis-
sion, State of California, this 24th day of July, 1996, by the
following vote:
AYES: Abshire, Asfour & Pierce
NOES: Kaplan & Murakami
ABSENT: Patrick & Siegfried
Chair, 1 nning C o mmission4V Gh�
ATTEST:
Secret ry, Plannijilg Commission
a
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. 2-7'-2 1
AGENDA ITE
MEETING DATE: OCTOBER 2, 1996 CITY MGR.:
ORIGINATING DEPT.: PUBLIC WORKS
DEPT. HEAL
SUBJECT: Minor Storm Drain System Improvements - Award of
Construction Contract `
Recommended Motion
1. Move to declare Ed Boyan Construction of San Ramon to be the
lowest responsible bidder on the project.
2. Move to award a construction contract to Ed Boyan Construction
in the amount of $39,625.
3. Move to authorize staff to execute change orders to the contract
up to $5,000.
Report Summary:
Sealed bids for the Minor Storm Drainage System Improvements were
opened on September 25. A total of three contractors submitted
bids for the work and a summary of the bids received is attached
(Attachment 1). Ed Boyan Construction of San Ramon submitted the
lowest bid of $39,625 which is 11.9% below the Engineers Estimate
of $45,000. Although staff has no previous experience working
directly with this contractor, staff has carefully checked the bid
along with the listed references and has determined that the bid is
responsive to the Notice Inviting Sealed Bids dated August 30 even
though it is substantially lower than the two other bids. In
staff's opinion, the two higher bids were submitted more as a
courtesy than anything else, and do not represent a real desire on
the part of either contractor to compete for the work. Both
contractors, it turns out, are booked solid between now and the
anticipated end of the current construction season.
It is therefore recommended that the Council declare Ed Boyan
Construction to be the lowest responsible bidder on the project,
and award the attached construction contract (Attachment 2) to this
firm in the amount of their bid. Further, it is recommended that
the Council authorize staff to execute change orders to the
contract up to an amount of $5,000 to cover any unforeseen
circumstances which may arise during the course of the work.
Fiscal Impacts:
Since this work is inherently connected with the overall Pavement
Management Program, funding is programmed in the adopted FY 96 -97
budget in Activity 31 (Street Maintenance), Account 4510 (Contract
Services).
Advertising, Noticing and Public Contact:
Nothing additional.
Consequences of Not Acting on the Recommended Motions:
Ed Boyan Construction will not be declared the lowest responsible
bidder and a construction contract will not be awarded to that
firm. The Council may make specific findings to declare another
bidder to be the lowest responsible bidder, or reject all of the
bids and direct staff to re -bid the entire project. However, staff
does not believe that a lower bid will be obtained by re- bidding
the project due to the fact that only three contractors bid the
project and the low bid was more than loo below the Engineer's
Estimate. Further, if a construction contract is not awarded at
this time, it is unlikely that the work will be complete by the
onset of the rainy season.
Follow Up Actions:
The contract will be executed and the contractor will be issued a
Notice to Proceed. Work will most likely begin in mid - October and
last through the end of the month.
Attachments:
1. 'Bid Summary.
2. Construction Contract.
OF SARATOGA
BID SUMMARY: MINOR DRAINAGE IMPROVEMENTS
BID OPENING DATE: SEPTEMBER 25, 1988
ITEM M I ITEM DESCRIPTION I
1-1 1-1
QUANTITY I
UNITS I
I
11. I VALLE VISTA DR. DRAINAGE IMPROVEMENTS I
11 1-1-1
1 I
LS I
12. I CRISP AVE DRAINAGE IMPROVEMENTS I
1-1 1-1
1 I
LS I
I
13. I DRAINAGE IMPROVEMENTS AT VALLE VISTA DR. I
& ORIOLE RD.
I I 1-1
1 I
LS I
I
14. I SULLIVAN WAY DRAINAGE IMPROVEMENTS I
1-1 1-1-1
1 1
LS I
I5. I DRAINAGE IMPROVEMENTS AT SOUSA LN. & I
QUITO RD. I
1-1 1-1-1
/ I
I
LS 1
I
I
I TOTAL
$7,000.001
I
I
I
I
I
ENGINEER'S ESTIMATE
I
I ED BOYAN CONSTRUCTION CO. I GEORGE BIANCHI CONSTRUCTION I PACIFIC UNDERGROUND CONST.
I I I I
UNIT PRICE I
I I
TOTAL I
I
UNIT PRICE I
I
TOTAL I
I
UNIT PRICE I
I
TOTAL I
I
UNIT PRICE I
I
TOTAL I
I
N/A I
I I
$15,000.00 I
I
N/A I
I
$11,950.00 I
I
N/A I
I
$23,918.00 I
I
N/A I
I
$30,000.00 I
I
N/A I
I I
$7,000.001
I
N/A 1
I
$4,950.001
I
N/A 1
I
$13,261.001
I
N/A 1
I
$12,500.00 1
I
N/A I
I I
$11,000.00 I
I
N/A I
I
$11,850.00 I
I
N/A I
I
$17,131.001
I
N/A I
I
$29,000.00 I
I
N/A I
I I
$10,000.00 I
I
N/A I
I
$9,400.001
I
N/A I
I
$22,991.001
I
N/A I
I
$48,800.00 I
I
N/A I
I I
$2,000.00 I
I
N/A 1
I
$1,675.001
I
N/A 1
I
$3,510.001
I
N/A I
I
$7,000.00 I
I
I I
I I
I
$45,000.001
I
I
I
I
I
$39,825.001
I
I
1
I
I
$80,809.001
I
I
(
I
I
$127,300.001
I
CITY OF SARATOGA
SANTA CLARA COUNTY, CALIFORNIA
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
MINOR DRAINAGE IMPROVEMENTS
THIS CONTRACT, made this 2nd day of October, 1996, by and between
the City of Saratoga, a Municipal Corporation, in Santa Clara
County, California, hereinafter called the City, and
ED BOYAN CONSTRUCTION CO.
hereinafter called the Contractor.
WITNESSETH:
WHEREAS, the City has caused to be prepared in the manner prescribed
by law, plans, specifications and other contract documents, for
the work herein described and shown and has approved and adopted
these contract documents, specifications and plans and has caused
to be published in the manner and for the time required by law, a
Notice Inviting Sealed Bids for doing the work in accordance with
the terms of this Contract, and
WHEREAS, the Contractor in response to said Notice has submitted to
the City a sealed bid proposal accompanied by a bid guaranty in an
amount not less than ten percent (10 %) of the amount bid for the
construction of all of the proposed work in accordance with the
terms of this Contract, and
WHEREAS, the City, in the manner prescribed by law, has publicly
opened, examined and canvassed the bids submitted and as a result
has determined and declared the Contractor to be the lowest
responsible bidder and has duly awarded to the Contractor a
contract for all of the work and for the sum or sums named in the
bid proposal and in this Contract.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
ARTICLE I. WORK TO BE DONE:
That the Contractor shall provide all necessary labor; machinery,
tools, apparatus and other means of construction; shall furnish all
materials, superintendence and overhead expenses of whatever nature
necessary to construct all of the improvements for the City of
Saratoga in conformity with the plans, specifications and other
contract documents and according to such instructions as may be
given by the Saratoga Director of Public Works or his authorized
agent.
15
ARTICLE II. CONTRACT PRICES
Except as provided in Section IV B of the Specifications ( "Changes
and Extra Work "), the City shall pay the Contractor according to
the prices stated in the bid proposal submitted by the Contractor,
which shall include all applicable taxes, for complete performance
of the work.
The Contractor hereby agrees to accept such payment as full
compensation for all materials and appliances necessary to complete
the work; for all loss or damage arising from the work or from
action of the elements, or from any unforeseen obstruction or
difficulties which may be encountered in the prosecution of the
work; incurred in and in consequence of the suspension or
discontinuance of the work; as hereby specified; for all liabili-
ties and other insurance; for all fees or royalties or other ex-
penses on account of any patent or patents; for all overhead and
other expenses incident to the work and expected profits; and for
well and faithfully performing and completing the work within the
time frame specified in the Notice to Proceed, all according to the
contract plans and specifications, the details and instructions,
and the requirements of the City.
ARTICLE III. PARTS OF THE CONTRACT:
That the complete contract document consists of the following:
1. Notice Inviting Sealed Bids
2. Bid Proposal
3. Bidder's Bond or Bid Guaranty
4. Contract for Public Works
Construction
5. Hold Harmless Clause
6. Performance Bond
7. Labor and Material Bond
8. Plans
9. Specifications
10. Insurance Certificates
11. Prevailing Wage Rates
12. City of Saratoga DBE
Requirements
In case of any conflict between this Contract and any other part of
the contract, this Contract shall be binding.
16
0
IN WITNESS WHEREOF, the City has caused its corporate name to be
hereunto subscribed and its corporate seal to be hereunto affixed
by its City Manager and its City Clerk thereunto duly authorized
and the Contractor has executed these presents the day and year
hereinabove written.
AWARDED BY CITY COUNCIL: CITY OF SARATOGA:
Date: October 2, 1996
ATTEST:
City Clerk
The foregoing Contract is
approved as to form this
day of
19
City Attorney
CONTRACTOR:
By
Title
License No.
Tax ID or SSN
"Funds verified " Contract No.
Finance Office Date
17
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. Z 1 V
MEETING DATE: OCTOBER 2, 1996
ORIGINATING DEPT.: PUBLIC WORKS
AGENDA IT:
CITY MGR.
DEPT. HEA
SUBJECT: Acceptance of Offers of Dedication of Public Storm
Drainage Easements
Recommended Motion(s):
Move to adopt the Resolution accepting the Offers of Dedication.
Report Summary:
Mr. & Mrs. Dutro, the owners of the two properties located at
20825 Pamela Way and 20820 Big Basin Way, have executed Offers of
Dedication for a Public Storm Drainage Easement across both
properties. The easements define the alignment of a public storm
drainage line which was installed by the City on their properties
a number of years ago and which was retrofitted by the City last
year. The Offers for the easements memorialize the existence of
the storm line on both properties, and include standard terms
defining maintenance responsibilities and requirements for
accessing the easements. It is now recommended that the City
Council accept the Offers for the easements by adopting the
attached Resolution.
Fiscal Impacts:
None.
Advertising. Noticing and Public Contact:
None.
Consequences of Not Acting on the Recommended Motions:
The Offers would not be accepted and a portion of the public
storm drain system would continue to exist on private properties
without the benefit of an easement.
Follow Up Actions:
The Resolution and Offers will be recorded.
1
Attachments:
1. Resolution with attached Offers.
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Saratoga
Department of Public Works
13777 Fruitvale Avenue
Saratoga, CA 95070
OFFER TO DEDICATE A PUBLIC STORM DRAINAGE EASEMENT
APN 517 -07 -014
LOT 10, TRACT 416
20825 PAMELA WAY
For valuable consideration, the undersigned owners of real property
situated in the City of Saratoga, County of Santa Clara, State of
California, and more particularly described in Exhibit A attached
hereto, hereby warranting that they constitute all of the owners
thereof, for themselves, their heirs, successors and assigns,
hereby irrevocably offer to dedicate to the City of Saratoga, a
Municipal Corporation, a Public Storm Drainage Easement under,
over, and across said property.
Said easement is offered with the following terms and conditions:
1. The easement is for the sole purpose of installing,
operating and maintaining a public storm drainage line and
appurtenant drainage facilities. The City shall be fully
responsible for the drainage line and appurtenant facilities, and
any required maintenance thereof and repairs thereto.
2. City shall endeavor whenever possible to provide owners
with 24 hours advance notice before accessing the easement to
perform maintenance or repair activities in connection with the
drainage line and /or appurtenant facilities. However, the
inability of the City to contact owners shall not in any way
preclude access to the easement by either the City or its
authorized agents. In the event of an emergency, the City and /or
its agents shall have full and immediate access to the easement.
3. The easement shall be kept free and clear at all times of
any permanent structures and other physical encumbrances which
would prevent access to the easement and any portion thereof,
including the drainage line and appurtenant facilities.
4. City shall, in a timely manner, restore owners, property,
including the easement, to conditions existing prior to entrance
onto owners' property, after the performance of any maintenance,
repairs or other activities in connection with the drainage line
and appurtenant facilities.
The undersigned understands that the within offer can only be
accepted by resolution of the City Council of the City of Saratoga
and recordation of this instrument shall not and will not
constitute acceptance of the within offer to dedicate. This offer
shall be irrevocable and shall be binding upon our heirs, personal
representatives, successors and assigns. The plural as used herein
shall include the singular, and the singular shall include the
plural.
Executed this
20th
day of September , 19 96
I /
Marion F. Dutro
PIZ
Mary L. Dutro
(All signatures must be acknowledged before a Notary Public
attach either a corporate, individual or partnership notary form
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
On the 20th day of September, 1996, before me, Grace E.
Cory, Deputy City Clerk, personally appeared Marion F. Dutro
and Mary L. Dutro, proved to me on the basis of satisfactory
evidence to be the persons whose names are subscribed to the
within instrument, and acknowledged to me that they executed
the same in their authorized capacity, and that by their
signatures on the instrument the person or the entity upon
behalf of which the persons acted executed the instrument.
Witness my hand and official seal of the City of Saratoga.
Grace E. Cory, Dep ty City Clerk
Gov. Code 40814
EXHIBIT A
LEGAL DESCRIPTION
STORM DRAIN EASEMENT
LANDS OF DUTRO
8 -FOOT WIDE STORM DRAIN EASEMENT, THE CENTER LINE OF WHICH IS HEREIN
DESCRIBED AS FOLLOWS:
Beginning at the most easterly corner of Lot 10, Tract 416, which map was
filed in Book 12 of Maps, at page 53, Santa Clara County Records; thence
along the dividing line between Lots 10 and 1 North 38 Degrees 38 Minutes
West a distance of 76.19 feet to the centerline of said 8 -foot wide Storm
Drain Easement, and the True Point of Beginning of this description;
f
thence along the center line of said Storm Drain Easement South 82 Degrees 21
Minutes 30 Seconds West a distance of 10.83 feet; thence North 34 Degrees 33
Minutes 37 Seconds West a distance of 30.29 feet; thence South 89 Degrees 43
Minutes 02 Seconds West a distance of 33.73 feet; thence South 16 Degrees 14
Minutes 59 Seconds West a distance of 19.73 feet; thence South 66 Degrees 43
Minutes 21 Seconds West a distance of 6.96 feet to a point in the
southeasterly right of way line of Congress Springs Road and northwesterly
line of lands as described in a deed recorded in Book N 731 of deeds, page
2140, Official Records of Santa Clara County, California.
the center line of existing storm drain line thence continues on following
coursess and distances within the existing right of way of Congress Springs
Road: South 66 Degrees 43 Minutes 21 Seconds West a distance of 22.11 feet;
thence South 27 Degrees 24 Minutes 33 Seconds West a distance of 60.63 feet;
thence South 56 Degrees 31 Minutes 44 Seconds West a distance of 10.01 feet
to the southeasterly right of way of Congress Springs Road; said portion of
the existing storm drain within the right of way of Congress Springs Road is
not a part of the 8 -foot wide Storm Drain Easement herein described;
the centerline of Storm Drain Easement thence continues within lands as
described in a said deed recorded in Book N 731 of deeds, page 2140, Official
Records of Santa Clara County, South 56 Degrees 31 Minutes 44 Seconds West a
distance of 28.46 feet to the westerly line of said lands, and the terminus
of said 8 -foot Storm Drain Easement.
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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Saratoga
Department of Public Works
13777 Fruitvale Avenue
Saratoga, CA 95070
OFFER TO DEDICATE A PUBLIC STORM DRAINAGE EASEMENT
. APN 517 -07 -007
20820 BIG BASIN WAY
For'valuable consideration, the undersigned owners of real property
situated in the City of Saratoga, County of Santa Clara, State of
California, and more particularly described in Exhibit A attached
hereto, hereby warranting that they constitute all of the owners
thereof, for themselves, their heirs, successors and assigns,
hereby irrevocably offer to dedicate to the City of Saratoga, a
Municipal Corporation, a Public Storm Drainage Easement under,
over, and across said property.
Said easement is offered with the following terms and conditions:
1. The easement is for the sole purpose of installing,
operating and maintaining a public storm drainage line and
appurtenant drainage facilities. The City shall be fully
responsible for the drainage line and appurtenant facilities, and
any required maintenance thereof and repairs thereto.
2. City shall endeavor whenever possible to provide owners
with 24 hours advance notice before accessing the easement to
perform maintenance or repair activities in connection with the
drainage line and /or appurtenant facilities. However, the
inability of the City to contact owners shall not in any way
preclude access to the easement by either the City or its
authorized agents. In the event of an emergency, the City and /or
its agents shall have full and immediate access to the easement.
3. The easement shall be kept free and clear at all times of
any permanent structures and other physical encumbrances which
would prevent access to the easement and any portion thereof,
including the drainage line and appurtenant facilities.
4. City shall, in a timely manner, restore owners' property,
including the easement, to conditions existing prior to entrance
onto owners' property, after the performance of any maintenance,
repairs or other activities in connection with the drainage line
and appurtenant facilities.
The undersigned understands that the within offer can only be
accepted by resolution of the City Council of the City of Saratoga
and recordation of this instrument shall not and will not
constitute acceptance of the within offer to dedicate. This offer
shall be irrevocable and shall be binding upon our heirs, personal
representatives, successors and assigns. The plural as used herein
shall include the singular, and the singular shall include the
plural.
Executed this 20th
day of September , 19 96
E &F VIM I -�t,50
Marion F. Dutro
Mary L. Dutro
(All signatures must be acknowledged before a Notary Public -
attach either a corporate, individual or partnership notary form.)
EXHIBIT A
LEGAL DESCRIPTION
STORM DRAIN EASEMENT
LANDS OF DUTRO
8 -FOOT WIDE STORM DRAIN EASEMENT, THE CENTER LINE OF WHICH IS HEREIN
DESCRIBED AS FOLLOWS:
Beginning at the most easterly corner of Lot 10, Tract 416, which map was
filed in Book 12 of Maps, at page 53, Santa Clara County Records; thence
along the dividing line between Lots 10 and 1 North 38 Degrees 38 Minutes
West a distance of 76.19 feet to the centerline of said 8 -foot wide Storm
Drain Easement, and the True Point of Beginning of this description;
thence along the center line of said Storm Drain Easement South 82 Degrees 21
Minutes 30 Seconds West a distance of 10.83 feet; thence North 34 Degrees 33
Minutes 37 Seconds West a distance of 30.29 feet; thence South 89 Degrees 43
Minutes 02 Seconds West a distance of 33.73 feet; thence South 16 Degrees 14
Minutes 59 Seconds West a distance of 19.73 feet; thence South 66 Degrees 43
Minutes 21 Seconds West a distance of 6.96 feet to a point in the
southeasterly right of way line of Congress Springs Road and northwesterly
line of lands as described in a deed recorded in Book N 731 of deeds, page
2140, Official Records of Santa Clara County, California.
the center line of existing storm drain line thence continues on following
coursess and distances within the existing right of way of Congress Springs
Road: South 66 Degrees 43 Minutes 21 Seconds West a distance of 22.11 feet;
thence South 27 Degrees 24 Minutes 33 Seconds West a distance of 60.63 feet;
thence South 56 Degrees 31 Minutes 44 Seconds West a distance of 10.01 feet
to the southeasterly right of way of Congress Springs Road; said portion of
the existing storm drain within the right of way of Congress Springs Road is
not a part of the 8 -foot wide Storm Drain Easement herein described;
the centerline of Storm Drain Easement thence continues within lands as
described in a said deed recorded in Book N 731 of deeds, page 2140, Official
Records of Santa Clara County, South 56 Degrees 31 Minutes 44 Seconds West a
distance of 28.46 feet to the westerly line of said lands, and the terminus
of said 8 -foot Storm Drain Easement.
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