HomeMy WebLinkAbout1999-05-17 City Council (10)City of Polo Alto
Manager’s,ReP0rt
7
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: ADMINISTRATIVE
SERVICES
DATE:MAY 17, 1999 CMR:243:99
SUBJECT:RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION OF PERMANENT AND
TEMPORARY EASEMENTS FOR AMARILLO AVENUE AND
EMBARCADERO WAY RELIEF SEWER PROJECT AND
DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS
RECOMMENDATION
Staff recommends that Council approve and authorize the Mayor to execute the attached
Resolution determining that the public interest and necessity require the acquisition of certain
land, and directing the filing of eminent domain proceedings (providing negotiations to
acquire the property are not successful) for the Amarillo Avenue and Embarcadero Way
Relief Sewer Project.
BACKGROUND
In 1988, Camp Dresser & McKee completed the Master Plan of the Wastewater Collection
System (Master Plan) for Palo Alto’s entire sanitary sewer collection system. The Master
Plan study indicated certain trunk main.facilities were in need of capacity relief to carry peak
wastewater flows, and recommended improvements to correct these collection system
deficiencies. One of the recommended major capacity relief projects in the Master Plan is
a capacity relief sewer construction project that crosses U. S. 101 at Amarillo Avenue and
ties into the manhole at Embarcadero Way. This major trunk main is located in thecentral
part of the City’s collection system and conveys more than 50 percent of the City’s
wastewater flow to the Regional Water Quality Control Plant.
On September 30, 1996, Council approved a consultant agreement with Kennedy/Jenks
Consultants, Inc. in the amount of $301,000 for the design of the Amarillo Avenue and
Embarcadero Way Relief Sewer Project (CMR:410:96). On May 5, 1997, Council approved
CMR:243:99 Page 1 of 5
Amendment No. 1 for surveying services and limited update of the Master Plan, authorized
staff to proceed with preliminary right-of-way discussions on private property for rights-of-
entry and preparation of easement descriptions, and authorized staff to proceed with
Geotechnical investigations in public rights-of-way and in easements on private property
(CMR:221:97). On January 12, 1998, Council approved staff’s recommendation on the
proposed relief sewer route, expenditure of funds in the amount of $160,000 for the purchase
of the necessary rights-of-way for the project, and adopted the Negative Declaration with a
finding of no significant environmental impact (CMR: 101:98).
On February 3, 1999, a notice inviting formal bids for the Amarillo Avenue and
Embarcadero Way Relief Sewer Project were sent out, and eight qualified bids were
received.
DISCUSSION
Included in the Council packet is a related staff report (CMR:249:99) which recommends
that Council award the contract to the low bidder. It is necessary to award the contract as
soon as possible in order to meet bid requirements and complete the project before the next
rainy season. However, it appears that negotiations with the property owners may not result
in possession of the required rights-of way necessary to award the contract and begin the
project in a timely manner. The required right-of-way areas involve three parcels, which
include a total of three permanent easements and four temporary construction easements.
Staff has been negotiating with the three property owners since mid-1998. While
negotiations have progressed, there are still outstanding issues that may not be resolved soon
enough for the project to begin as scheduled. Therefore, staff recommends commencing
eminent domain proceedings for the following properties: Assessor’s Parcels 008-03-046,
008-03-072 and 008-03-062, consisting of 11,865 square feet required in permanent
easements and 9,317 square feet in temporary construction easements. The City Attorney
will retain special counsel to handle the legal action, the costs of which will be part of the
project.
Eminent domain proceedings are necessary to assure City possession of the property in
sufficient time to select a contractor and to begin work on a timely basis. Two steps are
required to file eminent domain proceedings: 1) the City must send written notice by first
class mail to each person whose property is to be acquired by eminent domain of its intention
to adopt a Resolution of Necessity regarding those proceedings; and 2) the City Council must
adopt a Resolution of Necessity, determining that the public interest and necessity require
the acquisition of such property and directing the filing of eminent domain proceedings. The
record owners of the three subject parcels were notified 15 days in advance of the hearing.
to be held May 17, 1999, by written notice sent by certified mail.
CMR:243:99 Page 2 of 5
The resolution must be adopted by a two thirds vote of the members of the Council ( 6
votes). The factors that the Couricil must consider at the hearing, are set forth in earlier staff
reports: CMR:410:96; CMR:221:97; and CMR: 101:98; and are summarized as follows:
The public interest and necessity require the Project, which is the construction of a
sanitary sewer pipeline.
The 1988 Master Plan for Palo Alto’s entire sanitary sewer collection system
indicated certain trunk main facilities were in need of capacity relief to carry peak
wastewater flows, and recommended a capacity relief sewer construction project that
crosses U. S. 101 at Amarillo Avenue and ties into the manhole at Embarcadero Way.
This major trunk main is located in the central part of the City’s collection system and
conveys more than 50 percent of the City’s wastewater flow to the Regional Water
Quality Control Plant. The Council has reviewed and approved various aspects of the
project, as described in CMR:410:96, CMR:221:97, and CMR: 101:98.
The proposed project is planned or located in the manner that will be most compatible
with the greatest public good and least private injury.
Staff and the consultant (Kennedy/Jenks) reviewed many project routes and
performed in depth studies to determine that the route shown in Attachment B would
be the least disruptive to the community, p~ovide the City with a maintainable gravity
relief sewer, and would have minimal environmental impacts to mitigate. The route
is located to minimize impacts to the environmentally sensitive Baylands Nature
Preserve (Baylands) and to private property. The route skirts the edge of the
Baylands and, as much as possible, utilizes existing City easements and rights-of-way
(such as a portion of the city-owned bike path). Where the route does cross through
private property, it is located in parking lots, the area least likely to create disruptions
to owners and tenants. In addition, the majority of the relief sewer will be installed
using the micro tunneling technology, which results in minimal surface disruption.
This technology involves the excavation of construction pits, from which the pipeline
is installed beneath the ground surface. Unlike traditional open trench pipeline
construction methods, which can involve substantial surface disruption and related
traffic flow problems, the only surface disruption with micro tunneling is the creation
of the construction pits.
3.The properties sought to be acquired are necessary for proposed project.
The properties sought to be acquired are located along the pipeline alignment within
the project area. The required rights-of-way involving the three privately-owned
CMR:243:99 Page 3 of 5
properties include one temporary easement only on one property, one temporary and
one permanent easement on the second property and two temporary and two
permanent easements on the third property. Each of the temporary construction
easements are required for a maximum period of four to six months and will be used
for construction staging and jacking and receiving pits.
RESOURCE IMPACT
Funds for required rights-of-way and this project have been included in the FY 96-97 and FY
97-98 Wastewater collection System Rehabilitation/Augmentation budgets and were carried
forward into the FY 98-99 Capital Improvement Program budget for Wastewater Collection
System Rehabilitation/Augmentation Maj or Project Number (9173).
POLICY IMPLICATIONS
The Resolution does not represent any change to existing City policies.
TIMELINE
Following council approval of the attached Resolution of Necessity and the award of the
contract for the project, the City will commence eminent domain proceedings, and if staff has
been unsuccessful in obtaining the property through negotiations, will apply for an Order of
Possession and deposit with the Court the "probable amount of compensation" (typically, the
appraised value of the property to be acquired). The Order of Possession would typically be
granted quickly (the code states "not less than three days"), and the project should begin
within a week or two following the Order of Possession.
ENVIRONMENTAL ASSESSMENT
The Council approved a Negative Declaration for the project on January 12, 1998.
ATTACHMENTS
Attachment A: Resolution of Necessity.
Attachment B: Map of Project.
CMR:243:99 Page 4 of 5
PREPARED BY: Donna Hartman, Financial Analyst
APPROVED BY:
CITY MANAGER APPROVAL:
Manager
CC: Owners of subject property
CMR:243:99 Page 5 of 5
ATTACt~4ENT A
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION OF CERTAIN LAND, AND
DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS
AMARILLO AVENUE AND EMBARCADERO WAY RELIEF SEWER
PROJECT APNS 008-03-046 (HARBOR INVESTMENT
PA!~TNERS) ; 008-03-072 (STUART LEEB, ET AL.) ; AND
008-03-062 (NARINDER KAPANY)
IT IS RESOLVED by the City Council of the City of Palo
Alto, California, as follows:
WHEREAS, it is desirable and necessary for the City of Palo
Alto to acquire certain real property interests, particularly
described in Exhibit ~A", attached hereto and made a part hereof by
reference, in order to construct a sanitary sewer pipeline and
related improvements;
WHEREAS, the City of Palo~Alto is vested with the power of
eminent domain to acquire real property by virtue of Article I,
Section 19, of the Constitution of the State of California, and
Sections 1240.050, 1240.110, 1240.120, 1240.125, 1240.150,
1240.240, 1240.410 and 1240.610 of the Code of Civil Procedure of
the State of California; and
WHEREAS, pursuant to the provisions of Section 1245.235 of
the Code of Civil Procedure of the State of California, notice has
been duly given to all persons whose property is to be acquired by
eminent domain and whose names and addresses appear on the last
Santa Clara County equalized assessment roll, all of whom have been
given a reasonable opportunity to appear and be heard before the
City Council on the following matters:
(ai Whether the public
require the Project;
interest and necessity
(b)Whether the Project is planned or located in the
manner that will be most compatible with the
greatest public good and the least private
injury;
follows:
NOW,
(c)Whether the property sought to be acquired is
necessary for the Project.
THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as
I. The public interest and necessity require the Project
which is the construction of sanitary sewer pipeline;
990512 sdl 0032152 1
2. The Project is planned and located in the manner which
will be most compatible with the greatest public good and the least
private injury;
o
project ;
The property sought to be acquired is necessary for the
4. The City Attorney is hereby authorized and directed to
institute and conduct to conclusion an action in eminent domain for
the acquisition of the estates and interests aforesaid and to take
such action as it may deem advisable or necessary in connection
herewith;
5. An order for prejudgment possession may be obtained in
said action and a warrant issued to the State Treasury Condemnation
Fund, in the amount determined by the Court to be so deposited, as
a condition to the right of immediate possession.
The foregoing Resolution was adopted at a regular meeting
of City Council of the City of Palo Alto held on the 17th day of
May, 1999 by the following vote:
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
City Manager
Director of Administrative
Services
Director of Utilities
990512 sdl 0032152 2
PERMANENT PUBLIC UTILITY EASEMENTS (2)
TEMPORARY CONSTRUCTION EASEMENTS (2)
Owner:Harbor Investment Partners, a California General Partnership
Property Address: 1800 Embarcadero Road
APN: 008-03-046
EXHIBIT A
Recorded at no charge in accordance
Government Code Section 6103
at the request of, and when record-
ed return to:
City of Palo Alto/Real Estate
250 Hamilton Avenue
PO Box 10250
Palo Alto, CA 94303
SPACE ABOVE THIS LINE FOR
RECORDER’S USE
A.P. No.: 008-03-046
Property Address:1800 Embarcadero Road
Project No.: AE 27/II-~6/26
]G R A N T OF E A S E M E NTI~
FOR A VALUABLE CONSIDERATION, receipt of which i~ hereby
acknowledged,
Harbor Investment Partners,
A California General Partnership
GRANTOR(S), do hereby GRANT to the CITY OF PALO ALTO, a municipal
corporation, GRANTEE, an easement and right of way for
construction and maintenance of.
public utilities and improvements
with the right of ingress and egress thereon and the right to.
pass and repass over, along, across, under, and upon said
easement whenever and wherever grantee desires for the purposes
set forth herein, in perpetuity, in, over, under, across, along,
and upon that certain property in the City of Palo Alto, County
of Santa Clara, State of California, shown on the maps attached
hereto and more particularly described in Exhibits A and C
attached hereto and by this reference incorporated herein.
IN WITNESS WHEREOF, the undersigned has caused this instrument to
be executed.
"GRANTOR (S) "
Dated:By:
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) SS.
COUNTY OF SANTA CLARA )
On ..., 1999, before me,
(NOTARY)
personally appeared
S IGNE~ ( S )
personally known to me -or- proved to me on the basis
of satisfactory evidence to be the person(s) whose name is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the inst.rument.
WITNESS my hand and
official seal.
NOTARY’S SIGNATURE
This is to certify that the interest in real property conveyed by
the within deed or grant to the City of Palo Alto, a municipal
corporation, is hereby accepted by the undersigned officer or
agent on behalf of the Council of the City of Palo Alto, pursuant
to authority conferred by resolution of the said Council adopted
on March 15, 1971, and the City of Palo Alto consents to
recordation thereof by its duly authorized officer.
Dated
Approved as to Form
Sr. Asst. City Attorney
APPROVALS
By:
Assistant City Manager
Approved as to Content
ASD/Real Property Divisiqn
By By.
Approved as to Description
Public works/Engineering
Approved as to Content
utilities/Waher & Gas &
Wastewater ’
By By.
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
On .1999, before me,
( NOTARY )
personally appeared
SIGNER (S)
personally known to me -or- proved to me on the basis
of satisfactory evidence to be the person(s) whose name is/are
subscribed to the within instrument and acknowledged to me that
he/.she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY’S SIGNATURE
APN 008-03-046
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF PALO ALTO, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA BEING A STRIP OF LAND TWENTY FEET (20’) WIDE, SAID STRIP OF
LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF PARCEL TWO (2) OF THAT CERTAIN RECORD OF
SURVEY RECORDED OCTOBER 23, 1967 IN BOOK 229 OF MAPS AT PAGE 24 ~N THE OFFICE OF’THE
SANTA CLARA COUNTY RECORDER;
THENCE NORTH 89017’20’’ WEST ALONG THE’SOUTHERLY LINE OF P.ARCEL TWO (2) FOR A
DISTANCE OF 507.28 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 40°13’18" EAST ~,6.60 FEET;
THENCE NORTH 23038’25’’ EAST 405.22 FEET TO A POINT IN THE EASTERLY LINE OF SAID PARCEL
TWO (2) DISTANT THEREON NORTH 37 o 17’50" WEST 519.29 FEET FROM AFOREMENTIONED POINT
OF BEGINNING (THE MOST EASTERLY CORNER OF PARCEL TWO (2));
THENCE SOUTH 37 ° 17’50" EAST ALONG SAID LINE FOR A DISTANCE OF 22.88 FEET;
THENCE SOUTH 23038’25’’ WEST 397.02 FEET;
THENCE SOUTH 40° 13’18" WEST 33.02 FEET TO A POINT ON THE AFOREMENTIONED SOUTHERLY
LINE;
THENCE NORTH 89°1T20" WEST ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF 25.92 FEET
TO THE TRUE POINT OF BEGINNING.
CONTAINING 881 9 4- SQUARE FEET/0.20 4- ACRES MORE OR LESS.
AND BY REFERENCE MADE A PARTTHIS DESCRIPTION IS SHOWN ON THE ATTACHED EXHIBIT "B"
HEREOF.
297105,3.805/9H,97
EXHIBIT A’¢~.
l
PAR CEL B
PUE
I -Ii
PARCEL
BOOK 229
APN 008-03-0.46
EXISTING 20’ UNDERGROUND
POWER AND SEWER
EASEMENT (4441 O.R. 568)
LANDS OF
CITY OF PALO ALTO
PLAT TO ACCOMPANY DESCRIPTION EXHIBIT
l
I
l
I
POINT OF J
BEGINNING
EASEMENT FOR:
SANITARY SEWER
PURPOSES
PALO ALTO CA oF 1
PARCEL Et
APN
PUE
PARCEL
APN
1
:1,,,~’~"BEGINNJNO\{EXISTING 20’ UNDERGROUND
POWER AND SEWER
EASEMENT (4441 O.R. SBB)
,
~~’~B~
CiTY "OF PALO
PLAT TO ACCOMPANY DESCRIPTION EXHIBIT
L%_~_;%L! p~o
APN -008-03-046
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF PALO ALTO, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA BEING A STRIP OF LAND TWENTY FEET (20’) WIDE SAID STRIP OF
LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL TWO (2) AS SHOWN ON THAT CERTAIN
RECORD OF SURVEY RECORDED OCTOBER 23, 1967 IN BOOK 229 OF MAPS AT PAGE 24 IN THE
OFFICE OF THE SANTA CLARA COUNTY RECORDER. SAID POINT ALSO BEING A POINT IN THE
EASTERLY LINE OF THAT CERTAIN PARCEL DEDICATED FOR STREET PURPO.SES RECORDED AUGUST
15, 1967 IN BOOK 7822 AT PAGE 136 OF OFFICIAL RECORDS AS SHOWN ON SAID RECORD OF
SURVEY.
THENCE SOUTH 87°59’40’’ EAST, 96.18 FEET ALONG THE SOUTHERLY LINE OF PARCEL TWO (2)
TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE NORTH 65°09’15" EAST 91.57 FEET;
THENCE NORTH 40 ° 13’18" EAST 382.36 FEET TO A POINT IN THE EASTERLY LINE SHOWN ON SAID
PARCEL MAP AS SOUTH 13°58"50’’ WEST 200.00 FEET;
THENCE CONTINUING ALONG SAID E/~STERLY LINE SOUTH 13°58’50’’ WEST 45.23 FEET;
THENCE LEAVING SAID EASTERLY LINE SOUTH 40°13’18" WEST 346.21 FEET;
THENCE SOUTH 65°09’15’’ WEST 56.49 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID
PAR.CEL TWO (2);
THENCE NORTH 87 °59’40" WEST 44.28 FEET ALONG SAID SOUTHERLY LINE OF SAID PARCEL TWO
(2) TO THE TRUE POINT OF BEGINNING;
CONTAINING 8766 + SQUARE FEET/0.20 + ACRES MORE OR LESS.
THIS DESCRIPTION IS SHOWN ON THE ATTACHED EXHIBIT "D" AND BY REFERENCE MADE A
HEREOF.
297105.805/9H.97
EXHIBIT C
EXISTING 20’ UNDERGROUND
POWER AND SEWER -~-----"~- I
EASEMENT 4I O.R. 568
I I
PLAT TO ACCOMPANY DESCRIPTION EXHIBIT D
SHEE~
c~ 1 ~
CITY OF PALO ALTO
Owners: Harbor Investment Partners
Property: 1800 Embarcadero Road
Project: TE27/II-96/26.
APN: 008-03-046
TEMPORARY CONSTRUCTION EASEMENT.
In conjunction with the installation of a new 42-inch diameter
relief sanitary sewer line in Palo Alto, California, the
undersigned owner, hereinafter called "Owner", hereby grants
permission to the CITY OF PALO ALTO, and its authorized agents or
assigns, hereinafter called "City," to enter upon and use a port.ion
of property owned by Owner located as described in Exhibits AI, A2
and A3 and shown in Exhibits BI, B2 and B3 attached hereto and made
a part hereof.
I.BEFORE AND DURING the installation of the new 42-inch relief
sanitary sewer line, City shall:
a)install/dig a pit of approximately 16 feet deep at all
three (3) temporary construction sites;
o
b) storage of related construction materials
AND AFTER INSTALLATION of the new 42-inch relief sanitary
sewer line, City shall
a)
b)
clean up temporary construction areas;
restore or replace, in like kind, the existing
improvements disrupted by the project;
site
c) -give Owner notice of completion of work.
THIS PERMISSION is granted subject to
conditions:
the following
a)
b)
City shall save and hold Owner harmless from and on
account of liability for damage to persons or property
occasioned by said use of Owner’s property by City.
The period of this permit, for use of Owner’s land by
City, shall commence 30 days after City notifies Owner of.
work schedule and shall terminate upon completion of the
project, but in no event later than 6 months_from date of..
commencement ....
d)
The City may, at its sole discretion, extend the
easementy for an additiona! sixty (60) consecutive days
upon deposit or payment of compensation.
The purpose of this permit is to ailow the City to use
e)
Owner’s property as a temporary construction areas.
Compensation for the use of said temporary construction
areas totals $7,569.00. Said compensation shall be paid
following acceptance of this permit by City and prior to
date of commencement.
e)City shall compensate owner for any damage to Owner’s
property (proved to be caused by, and as a consequence
of, City’s work on this project) occurring and reported
to City with supporting documentation wi£hin six months
of the completion of project work.
This permit is executed by Owner(s) in three counterparts. Owne~.t%
receive first counterpart at time of execution. A second
counterpart shall be returned to Owner at the address shown on
first page of this Permit, following acceptance of Permit by City,
and the third counterpart shall remain in City’s project file.
Owner hereby acknowledges receiving one counterpart of this Permit.
o Owner represents that he, she, they or it has the legal
authority to confer .upon the City the permission to enter
Owner’s property~for the purposes stated herein.
IN WITNESS WHEREOF, THIS TEMPORARY EASEMENT IS EXECUTED BY OWNER(S)
Date:OWNER ( S )
ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) SS.
COUNTY OF SANTA CLARA )
On , 1999, before me,
( NOTARY )
personally appeared
SIGNER(S)
personally known to me -or- proved to me on the basis of
satisfactory evidence to be the person(s) whose name is/Ere
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies) , and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY’S SIGNATURE
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by
the within Permit to the City of Palo Alto, a municipa!
corporation, is hereby accepted by the undersigned officer or agent
on behalf of the Council of the City of Palo Alto, pursuant to
authority conferred by resolution of the said Council adopted on
May 15, 1971, and the City of Palo Alto consents to recordation
thereof by its duly authorized officer.
CITY OF PALO ALTO
Dated By
Assistant City Manager
Approved as to Form
Assistant City Attomney
By.
Approved as to Description
Public Works/Engineering
APPROVALS
Approved as to Content
ASD/Real Estate Division
By.
Approved as to Content
Utilities/Water & /Gas &
Wastewater
By
ALL-PURPOSE ACKNOWTuEDGEMEIqT
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
, 1999, before me,
( NOTARY )
personally appeared
SIGNER(S)
personally known to me -or- proved to me on the basis of
satisfactory evidence to be the person(s) whose name is/ire
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies) , and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY’S SIGNATURE
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
APN 008-03-046
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF PAL. ALTO COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL TWO (2) AS SHOWN ON THAT CERT&IN
RECORD OF SURVEY RECORDED OCTOBER 23, 1967 IN BOOK 229 OF MAPS AT PAGE 24 IN’THE
OFFICE OF THE SANTA CLARA COUNTY RECORDER SAID POINT ALSO BEING A POINT IN THE
EASTERLY LINE OF THAT CERTAIN PARCEL DEDICATED FOR STREET PURPOSES RECORDED AUGUST
15, 1967 IN BOOK 7822 AT PAGE 130 OF OFFICIAL RECORDS AS SHOWN ON SAID RECORD OF
SURVEY.
THENCE EASTERLY ALONG THE SOUTHERLY LINEOF SAID PARCEL TWO (2) THROUGH THE
FOLLOWING TWO (2) COURSES;
1-SOUTH 87"59’40" EAST 141.71 FEET;
2-NORTH 66043’50’’ EAST 11.61 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 28"27’41" WEST 40.00;.
THENCE NORTH 61 "32’19" EAST 120.00 FEET;
THENCE SOUTH 28"27’41" EAST 40.00 FEET;
THENCE SOUTH 61 "32’19" WEST 120.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 4800 4- SQUARE FEET/011 _+ ACRES MORE OR LESS.
THIS DESCRIPTION IS SHOWN ON THE ATTACHED EXHIBIT "B" AND BY REFERENCE MADE A PART
HEREOF.
297105.temp3805/9H.97
II
EXHIBIT A I
PARCEL DEDICATED FOR STREET
PURPOSES RECORDED AUG. 15,
1967 7822 O.R, 136
POINT OF
BEGINNING
PARCEL 2
TIN(3 BUILDINGS
N61’32’19"E 120.00’
TRUE POINT J
OF BEGINNING ~,. TEMPORARY
"-CONSTRUCTION
EASEMENT
LANDS OF
CJTY OF PALO AL-J’O
{)ATE : 03/23/g8
~:I*=BO’
{XAW N @/:UC
,~10YtO ~:JRJ
It, AWING ~:
29710,5
EXHIBIT
PLAT TO ACCOMPANY DESCRIPTION
JONES
m /I/
TEMPORARY EASEMENT FOR:I s.~
APN 008-03-046
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF PALO ALTO, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF PARCEL TWO (2) OF THAT CERTAIN RECORD OF
SURVEY RECORDED OCTOBER 23, 1967 IN BOOK 229 OF MAPS AT PAGE 24 IN THE OFFICE OF’THE
SANTA CLARA COUNTY RECORDER;
THENCE NORTH 89°17’20’’ WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL FOR A
DISTANCE oF 496.30 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 0°42’40’’ EAST~40.00 FEET;
THENCE SOUTH 89 ° 17’20" EAST 90.00 FEET;
THENCE SOUTH 0°42’40’’ WEST 40.00 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID PARCEL;
THENCE NORTH 89° 17’20" WEST ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF 90.00 FEET
TO THE TRUE POINT OF BEGINNING.
CONTAINING 3600 + SQUARE FEET/0.08 4- ACRES MORE OR LESS.
THIS DESCRIPTION IS SHOWN ON THE ATTACHED EXHIBIT "B" AND BY REFERENCE MADE A PART
HEREOF.
297105.temp2¯805/9H,97
EXISTING 20’ UNDERGROUND
POWER AND SEWER
¯EASEMENT (4441 O.R, 568)
EXISTING
EXISTING
BUILDING
.TRUE POINT OF
BEGINNING
TEMPORARY
CONSTRUCTION EASEMENT
PLAT TO ACCOMPANY DESCRIPTION
LANDs OF
CJTY OF PALO ALTO
EXHIBIT
~ ~ TEMPORARY EASEMENT FOR:
F~~ I ............I 297105 ! r~ ~,~ ,~ ....
/
/
JE POINt" OF
BEGINNING
T~},IPORARY
CON.TI’RU¢IION
LANDS OF
CJTY OF PALO ALTO
FO{NT OF
PLAT TO ACCOIqPANY DESCRIPTION EXHIBIT B
. __~ -- _ ,_~1
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
APN- 008-03-072 ~;~ ~
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF PALO ALTO COUNTY OF SANTA CI.~ARA,
STATE OF CALIFORNIA IvIORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL "B" OF THAT CERTAIN PARCEL MAP
RECORDED JUNE 8, 1971 IN BOOK 284 OF MAPS AT PAGE 40 IN THE OFFICE OF THE SANTA CLARA
COUNTY RECORDER SAID POINT ALSO BEING THE MOST EASTERLY CORNER OF PARCEL TWO(2)
OF THAT CERTAIN RECORD OF SURVEY RECORDED OCTOBER 23, 1967 ~N BOOK 229 OF MAPS AT
PAGE 24 ~N THE OFFICE OF THE SANTA CLARA COUNTY RECORDER;
THENCE NORTH 37 °17’50" WEST ALONG THE WESTERLY..~.LINE OF PARCEL "B" FOR A DISTANCE
OF 488.77 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE LEAVING SAID WESTERLY LINE SOUTH 52°42’10" WEST 3.66 FEET;
THENCE NORTH 37 °17’50" WEST 9.00 FEET;
THENCE SOUTH 52°42’10" WEST 14.00 FEET;
THENCE NORTH 37°17’50" WEST 31.00 FEET;
THENCE NORTH 52°42’10" EAST 44.00 FEET;
THENCE SOUTH 37° 17’50" E’~ST 40.00 FEET;
THENCE SOUTH 52 °42’10" WEST 26.34 FEET TO THE TRUE POINT OF BEGINNING;
CONTAINING 1634 + SQUARE FEET/0.04 4- ACRES MORE OR LESS.
THIS DESCRIPTION IS SHOWN ON THE ATTACHED EXHIBIT "B"AND BY REFERENCE MADE A PART
HEREOF.
297105,temp1,805/9H97
|iEASEMENT!! (4198 O.R. 6,51),
TEMPORARY "/CONSTRUCTION "~
/ "’" ""EASEMENT / ,-’" /,~,
~EXISTIN.3°
=BUILDING
14,00’
$5~_’~_’
PARCgL 2
BOO}( 229 PG 2-4
I$, I
LANDS OF
CiTY OF PALO ALTO
PERMANENT PUBLIC UTILITY EASEMENT
TEMPORARY CONSTRUCTION EASEMENT
Owner: Stuart Leeb, Trustee, et al.
Property Address: 2440 Embarcadero Road
APN: 008-03-072
EXHIBIT A
Recorded at no charge in accordance
Government Code Section 6103
at the request of, and when record-
ed return to:
City of Palo Alto/Real Estate
250 Hamilton Avenue
PO Box 10250
Palo Alto, CA 94303
SPACE ABOVE THIS LINE FOR
RECORDER’S USE ONLY
A.P. No.: 008-03-072
Property Address:2440 Embarcadero Road
Project No.: AE 27/11-96/34
IG R A N T OF E A S E M E NTI~
FOR A VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged,
Stuart Leeb, Trustee of the Leeb Revocable Trust dated October 9,
1996; Robert H. Cornell; Jonathan M. Leeb and Michele Elizabeth
Leeb, Husband and Wife; and Caroline K. Leeb
GRANTOR(S), do hereby GRANT to the CITY OF PALO ALTO, a municipal
corporation, GRANTEE, an easement and right of way for
construction and maintenance of
public utilities and improvements
with the right of ingress and egress thereon and the right to
pass and repass over, along, across, under, and upon said
easement whenever and wherever grantee desires for the purposes
set forth herein, in perpetuity, in, over, under, across, along,
and upon that certain property in the City of Palo Alto, County
of Santa Clara, State of California, shown on the map attached
hereto and more particularly described in Exhibit A attached
hereto and by this reference incorporated herein.
IN WITNESS WHEREOF, th~ undersigned has caused this instrument to
be executed.,,GRANTOR(S)"
Dated:By:
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) SS.
COUNTY OF SANTA CLARA )
On ,1998, before me,
( NOTARY )
personally appeared
SIGNER (S)
personally known to me -or-__ proved to me on the basis
of satisfactory evidence to be the person(s) whose name is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed-~che same in his/her/their authorized
capacity(ies) , and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which ~the
person(s) acted, executed the instrument.
WITNESS my hand and
official seal.
NOTARY’ S SIGNATURE
IN WITNESS WHEREOF, the undersigned has caused this instrument to be
executed. ,,GRANTOR (S) "
Dated:By:
Dated:By:
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
-) SS0
COUNTY OF SANTA CLARA )
On ,1998, before me,
( NOTARY )
personally appeared
SIG~R (S)
personally known to me -or- __proved to me on the basis of
satisfactory evidence to be the person(s) whose name is/are subscribed
to the within instrument and acknowledged to me that he/she/they
-executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s)’on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and
official seal.
NOTARY’ S SIGNATURE
IN WITNESS WHEREOF, the undersigned has caused this instrument to be
executed.
"GRANTOR(S)"
Dated:By:
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)SS.
COUNTY OF SANTA CLARA )
On , 1998, before me,
(NOTARY)
personally appeared
SIGNER (S)
__ personally known to me -or- proved to me on the basis of
satisfactory evidence to be the person(s) whose name is/are subscribed
to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and
official seal.
NOTARY’ S SIGNATURE
IN WITNESS WHEREOF, the undersigned has caused this instrument to be
executed.,,GRANTOR(S)"
Dated:By:
ALL-PURPOSE ACKNOWLEDGMENT
STATE-OF CALIFORNIA )
.) SSo
COUNTY OF SANTA CLARA )
On ,,1998, before me,
( NOTARY )
personally appeared
SIG~R (S)
personally known to me -or- proved to me on the basis of
satisfactory evidence to be the person(s) whose name is/are subscribed
to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the
entity upon-behalf of which the person(s) acted, executed the
instrument.
WITNES~ my hand and~
official seal.
NOTARY ’ S SIGNATURE
This is to certify that the interest in real property conveyed by
the within deed or grant to the City of Palo Alto, a municipal
corporation, is hereby accepted by’the undersigned officer or
agent on.behalf of the Council of the City of palo Alto, pursuant
to authority conferred by resolution of the said Council adopted
on March 15, 1971, and the City of Palo Alto consents to
recordation thereof by its duly authorized officer.
Dated By:
Assistant City Manager
Approved as to Form
Sr. Asst. City Attorney
APPROVALS
Approved as to Content
ASD/Real Property Division
By By.
Approved as to Description
Public Works/Engineering
Approved as to Content
Utilities/Water-Gas-
Wastewater
By By.
ALL-PURPOSE. ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) SS.
COUNTY OF SANTA CLAP-A )
On ,1998, before me,
(NOTARY)
personally appeared
SIG~ (S)
personally known to me -or- proved to me on the basis"
of satisfactory evidence to be the person(s) whose name is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
.instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
APN- 008-03-072
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF PALO ALTO COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA BEING A STRIP OF LAND TWENTY FEET (20’) WIDE MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL "B" AS SHOWN UPON THAT CERTAIN PARCEL
.MAP RECORDED JUNE 8, 1971 IN BOOK 284 OF MAPS AT PAGE 40 IN THE OFFICE OF THE SANTA
CLARA COUNTY RECORDER SAID POINT ALSO BEING THE MOST EASTERLY CORNER OF PARCEL
TWO (2) OF THAT CERTAIN RECORD OF SURVEY RECORDED OCTOBER 23, 1967 ~N BOOK 229 OF
MAPS AT PAGE 24 IN THE OFFICE OF THE SANTA CLARA COUNTY RECORDER;
THENCE NORTH 37°17’50" WEST ALONG THE WESTERLY,, LINE OF PARCEL "B" A DISTANCE OF
519.29 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE LEAVING SAID WESTERLY LINE NORTH 23038’25’’ EAST 17.31 FEET;
THENCE SOUTH 66°21 ’35" EAST 20.00 FEET;
THENCE SOUTH 23038’25’’ WEST 28.42 FEET TO A POINT IN THE WESTERLY LINE OF SAID PARCEL
"B";
THENCE ALONG SAID WESTERLY LINE NORTH 37 ° 17’50" WEST 22.88 FEET TO THE TRUE POINT
OF BEGINNING;
CONTAINING 457 + SQUARE FEET/0.01 + ACRES MORE OR LESS.
THIS DESCRIPTION IS SHOWN ON THE ATTACHED EXHIBIT "B" AND BY REFERENCE MADE A PART
HEREOF.
297105.1.805/9H.97
EXHIBIT A
t
EASEMENT FOR:
8ANffARY 8EWER
PURPOSES
CA
I
,i
II
.~66"2 t’35"E
20.00’
S23"38’25"W
~2B.42’ PROPOSED20’ SANITARY
SEWER EASEMENT
EXISTING 20’ UNDERGROUND ~’~ ",~ \’
BOOM
AP,N OOa-D3-O.4t~
PLAT TO.AOCOMPAI~ DESCRIPTION
\ \ o
EXIS’rlNG 5’ PUBLIC UTIUTY \( ,3z7 5 2)
SEASEMENT O.R. ~’~o’
POINT
EXHIBIT B ~
-81 -
CITY OF PALO ALTO
Owners: Stuart Leeb, et al
Property: 2440 Embarcadero Road
Project: TE 27/11-96/34
APN: 008-03-072
TEMPORARY CONSTRUCTION EASEMENT
In conjunction with the installation of a new 42-inch diameter
relief sanitary sewer line in Palo Alto, California, the
undersigned owner, hereinafter called "Owner", hereby grants
permission to the CITY OF PALO ALTO, and its authorized agents or
assigns, hereinafter called "City," to enter upon and use a port~on
of property owned by Owner located as described in Exhibit A and
shown in Exhibits B1 and B2 attached hereto and made a part hereof.
BEFORE AND DURING the installation of the new 42-inch relief
sanitary sewer line, City shall:
a)install/dig a pit of approximately 16 feet deep at
temporary construction site;
o AND AFTER INSTALLATION of the new 42-inch relief sanitary
sewer line, City shall
a) clean up temporary construction area;
b)restore or replace, in like kind, the existing site
improvements disrupted by the project;
c) give Owner notice of completion of work.
3.THIS PERMISSION is granted subject to the following
conditions:
a)City shall save and hold Owner harmless from and on
account of liability for damage to persons or property
occasioned by said use of Owner’s property by City.
b)The period of this permit, for use of Owner’s land by
City, shall commence 30 days after City notifies Owner of
work schedule and shall terminate upon completion of the
project, but in no event later than 6 months from date of
commencement.
c)The City may, at its sole discretion, extend the easement
for an additional sixty (60) consecutive days upon
deposit or payment of compensation.
d)The purpose of this permit is to allow the City to use
Owner’s property as a temporary construction area.
e)
e)
Compensatio~ for the use of said temporary construction
area is $438.00. Said compensation shall be paid
following upon acceptance of this permit by City and
prior to date of commencement.
City. shall compensate Owner for any damage to Owner’s
property (proved to be caused by, and as a co~sequence
of, City’s work on this project) occurring and reported
to City with supporting documentation within six months
of the completion of project work.
This permit is executed by Owner(s) in three counterparts. Owner to
receive first counterpart at time of execution. A second
counterpart shall be returned to Owner at the address shown on
first page of this Permit, following acceptance of Permit bZ City,
and the third counterpart shall remain in City’s project file.
Owner hereby acknowledges receiving one counterpart of this Permit.
Owner represents that he, she, they or it has the legal
authority to confer upon the City the permission to enter
Owner’s property for the purposes stated herein.
IN WITNESS WHEREOF,
EXECUTED BY OWNER(S)
THIS TEMPORARY CONSTRUCTION EASEMENT IS
Date:OWNER ( S )
ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) SS.
COUNTY OF SANTA’CLARA )
~ On ., 1999, before me,
(NOTARY)
personally appeared
SIGNER(S)
personally known to me -or- proved to me on the basis of
sa---[isfactory evidence to be the person(s) whose name is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies) , and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY’S SIGNATURE
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by
the within Permit to the City of Palo Alto, a municipal
corporation, is hereby accepted by the undersigned officer or agent
on behalf of the Council of the City of Palo Alto, pursuant to
authority conferred by resolution of the said Council idopted on
May 15, 1971, and the City of Palo Alto consents to recordation
thereof by its duly authorized officer.
CITY OF PALO ALTO
Dated By
Assistant City Manager
Approved as to Form
Assistant City Attorney
By
Approved as to Description
Public Works/Engineering
By
APPROVALS
Approved as to Content
ASD/~eal Estate Division
By
Approved as to Content
Utilities/Water & /Gas.&
Wastewater
By
ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA ~)
) ss.
COUNTY OF SANTA CLARA )
~ On , 1999, before me,
( NOTARY )
personally appeared
SIGNER(S)personally known to me -or- proved to me on the basis of
satisfactory evidence to be the person(s) whose name is/are
subscribed to the within instrument and acknowledged t.o me that
he/she/they executed the same in his/her/their authorized
capacity(ies) , and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY’S SIGNATURE
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by
the within Permit to the City of Palo Alto, a municipal
corporation, is hereby accepted by the undersigned officer or agent
on behalf of the Council of the City of Palo Alto, pursuant to
authority conferred by resolution of the said Council ~dopted on
May 15, 1971, and the City of Palo Alto consents to recordation
thereof by its duly authorized officer.
CITY OF PALO ALTO
Dated By
Assistant City Manager
Approved as to Form
Assistant City Attorney
By.
Approved as to Description
Public Works/Engineering
By,
APPROVALS
Approved as to Content
ASD/Real Estate Division
B~
Approved as to Content
Utilities/Water & /Gas &
Wastewater
By
ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF SANTA CLA!KA )
On .., 1999, before me,
( NOTARY )
personally appeared
SIGNER(S) ¯
personally known to me -or- proved to me on the basis of
satisfactory evidence to be the person(s) whose name is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies) , and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY’S SIGNATURE
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
APN- 008-03-072
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF PALO ALTO COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL "B" OF THAT CERTAIN PARCEL MAP
RECORDED JUNE 8, 1971 IN BOOK 284 OF MAPS AT PAGE 40 IN THE OFFICE OF THE SANTA CLARA
COUNTY RECORDER SAID POINT ALSO BEING THE MOST EASTERLY CORNER OF PARCEL Tw(J (2)
OF THAT CERTAIN RECORD OF SURVEY RECORDED OCTOBER 23, 1967 IN BOOK 229 OF MAPS AT
PAGE 24 ~N THE OFFICE OF THE SANTA CLARA COUNTY RECORDER;
THENCE NORTH 37°17’50" WESTALONG THE WESTERLY LINE OF PARCEL "B" FOR A DISTANCE
OF 488.77 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCR,I~TION;
THENCE LEAVING SAID WESTERLY LINE SOUTH 52°42’10" WEST 3.66 FEET;
THENCE NORTH 37°17’50" WEST 9.00 FEET;
THENCE SOUTH 52 °42’10" WEST 14.00 FEET;
THENCE NORTH 37°17’50" WEST 31.00 FEET;
THENCE NORTH 52°42’10" EAST 44.00 FEET;
THENCE SOUTH 37°17’50" EAST 40.00 FEET;
THENCE SOUTH 52°42’10" WEST 26.34 FEET TO THE TRUE POINT OF BEGINNING;
CONTAINING 1634 +_ SQUARE FEET/0.04 4- ACRES MORE OR LESS.
THIS DESCRIPTION IS SHOWN ON THE ATTACHED EXHIBIT "BI"AND BY REFERENCE MADE A PART
HEREOF.
PARCEL 2
BOO}( 22..9 PI3- 2.-4
LANDS
CITY OF.PALO
EXISTING 5’ PUBLIC UTILITY
S EASEMENT (4377 O.R. 512)
BEGINNINGPLAT TO ACCOMPANY DESCRIPTION EXHIBIT B
-~.:.CO STRUGTION PURPOSE8
::’ ~" ~ .....PALO ~TO CA
l! EXISTING 20’ UNDERGROUN ¯
.IPOWER AND SEWER
|~EASEMENT (4198 O.R. 651) L’X~ -.’/
I"E~,iPORARY
CONSTRUCTION
EASEMENT
14,00’
$5T42’
PARCEL 2
BOO}<: 2,2.9 PG 2.-4,
LANDS OF
i~_\ ’"
N 2T’~ 0
EXISTING 5’ PUBLIC UTILI~ ~/
CITY OF PALO ALTO
’~
297105
TEMPORARY CONSTRUCTION EASEMENT
Owners: Narinder S. Kapany and Satinder Kapany
Property Address: 2525 East Bayshore Road
APN: 008-03-062
EXHIBIT A
CITY OF PALO ALTO
Owners:Narinder S. Kapany &
Satinder Kapany
Property: 2525 E. Bayshore Road
Project:TE - 27/11-96/27
APN:008-03-062
TEMPORARY CONSTRUCTION EASEMENT
In Conjunction with the installation of a new 42-inch diameter
relief sanitary sewer line in Palo Alto, California, the
undersigned owner, hereinafter called "Owner", hereby grants
permission to the CITY OF PALO ALTO, and its authorized agents.or
assigns, hereinafter called "City," to enter upon and use a 66~2’
x 60.0’ (3979 sq. ft.) portion of property owned by Owner located
at the most Northerly corner of Parcel One described in Exhibit A
and shown in Exhibit B attached hereto and made a part hereof.
This Temporary Construction Easement is consented to by AMP
(Lessee), the current Lessee of the Real Property.
BEFORE AND DURING the installation of the new 42-inch relief
sanitary sewer line, City shall:’
a)install/dig a pit of approximately 16 feet deep at
temporary construction site;
b) storage of related construction materials and equipment.
o AND AFTER INSTALLATION of the new 42-inch relief sanitary
sewer line, City shall
clean up temporary construction area;
restore or replace, in like kind, the
~improvements disrupted by the project;
c) give Owner notice of completion of work.
3. THIS PERMISSION is granted subject to the following
a)
b)
conditions:
existing site
a)
b)
City shall save and hold Owner harmless from and on
account of liability for damage to persons or propegty
occasioned by said use of Owner’s property by City.
The period of this permit, for use .of Owner’s land by
City, shall commence 30 days after City noD~[ies Owner of
work schedule and shal! terminate upon completion of the
project, but in no event later than 6 months from date of
commencement.
c)
d)
e)
The City may, at its sole discretion, extend the easement
for an additional sixty (60) consecutive days upon
deposit or payment of compensation.
The purpose of this permit is to allow the City to use
Owner’s property as a temporary construction area.
Compensation for the use of said temporary construction
area is $5969.50. Said compensation shall be paid
following acceptance of this permit by City and prior to
date of commencement.
f)City shall compensate Owner for any damage to Owner’s
property (proved to be caused by, and as a consequenge
of, City’s work on this project) occurring and reported
to City with supporting documentation within six months
of the completion of project work.
This permit is executed by Owner(s) in three countegparts. Owner to
receive first counterpart at time of execution. A second
counterpart shall be returned to Owner at the address shown on
first page of this Permit, following acceptan~ of Permit by City,
and the third counterpart shall remain in City’s project file.
Owner hereby acknowledges receiving one counterpart of this Permit.
o Owner represents that he, she, they or it has the legal
authority to confer upon the City the permission to enter
Owner’s property for the purposes stated herein.
IN WITNESS WHEREOF,
EXECUTED BY OWNER (S)
Date:
THIS TEMPORARY CONSTRUCTION EASEMENT IS
OWNER ( S )
ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) SS.
COUNTY OF SANTA CLARA )
On ,1999, before me,
( NOTARY )
personally appeared
SIGNER(S)personally known to me -or- proved to me on the basis of
satisfactory evidence to be the person(s) whose name is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which, the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY’ S SIGNATURE
ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) SS.
COUNTY OF SANT~ CLA!tA )
On , 1999, before me,
( NOTARY )
personally appeared
SIGNER(S)personally known to me -or- proved to me on the basis of
satisfactory evidence to be the person(s) whose name is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies) , and that by his/her/their signature(s) on the
-instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY’S SIGNATURE
The undersigned AMP, t~e Lessee referred to in the above Temporary
Construction Easement, hereby consents to the grant of easement to
the City of Palo Alto on the terms and conditions contained herein.
By:
Type name:
Its:
Dated:
ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) SS.
COUNTY OF SANTA CLARA )
On ,1999, before me,
(NOTARY)
personally appeared
SIGNER(S)
personally known to me -or- __ proved to me on the basis of
satisfactory evidence to be the person(s) whose name is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their~ authorized
capacity(ies) , and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY’ S SIGNATURE
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
APN- 008-03-062
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF PALO ,A, LTO COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL ONE (1) OF THAT CERTAIN PARCEL
MAP RECORDED JULY 1, 1 969 IN BOOK 255 OF MAPS AT PAGE 54 IN THE OFFICE OF THE SANTA
CLARA COUNTY RECORDER;
THENCE SOUTH 10"36’06" EAST ALONG THE EASTERLY LINE OF PARCEL ONE (1) FOR A
DISTANCE OF 66.32 FEET;
THENCE LEAVING SAID EASTERLY LINE SOUTH 79°23’54’’ WEST 60.00 FEET;
THENCE NORTH 16°19’50’’ WEST 60.00 FEET TO A POINT IN THE NORTHERLY LINE OF SAID
PARCEL ONE (1);
THENCE NORTH 73°40’10" EAST ALONG SAID NORTHERLY LINE FOR A DISTANCE OF 66.32 FEET
TO THE POINT OF BEGINNING.
CONTAINING 3979 __+ SQUARE FEET/0.09 + ACRES MORE OR LESS.
THIS DESCRIPTION IS SHOWN ON THE ATTACHED EXHIBIT "B" AND BY REFERENCE MADE A PART
HEREOF.
297105.temp.805/9H,97
EXHIBIT A
X ’~INT OF LANDS OF
X f ~I~GINNING C|TY OF PALO ALTO~
~’~6~~ -- ~.o~’
20
APN 008-03-063 ~
’~ ~ "I
~o’ ~o~ ~~ I
10’ ~ENE~ ~I~ OF P~O ~TO BK 6~6~G 5~
BAYSHORE ROAD
EXHIBIT B
P~T TO ACCOMP~ DESCRIPTION
PD ~ ~~E: I"-~’
F~ ~ ~2g~I05
CONTR~t.. PL.AHT
PROPOSED ~2~ SANITARY
RELIEF SEVER
U.S.I01 BAYSH(~RE FREE
PARK
Ab, LARILLO AVENUE / EM~BARCADERO WAY RELIEF SEWER PROYECT - CIP 37770
ATTACF~IZ~T B - PRO£ECT LOCATION b,LA3