HomeMy WebLinkAbout0392.094~ w
July 28, 1994
HONORABLE CITY COUNCIL
Palo Alto, California
Hembe~s of the council:
REpoRT IN BRIEF
6
The purpose of this report is to reco~end that the Council approve
{a) tour 1':"lght~of-'Way aqreernents (Attachnents 1 through 4), one
with the Peninsula con:idor Joint Po ..... ers Board (JPB) r one with
Stanford UnIversity (stanford) and two with the Palo Alto Unified
School District (PAU8D) i and (b) an Environmental lU.so6swent
(Attachment 5) I for the F.mbat"cadero Bridge and Dike Path E"xtansion
Project (CIP No. 10310).
BACKgROUND
During the past year, Palo Alto has be~n pursuing the develop~ent
of a project to construct a bike path along the 'West side ot the
Joint Powers 80ard/CalTrain tracKs, frol:!'! Churchi 11 Avenue to
University Avenue, as illustrated in Exhibit 1.
The Project involves the construction of an extension or th. bike
route that currt!ntly exists running north/south. in the AreA West of
the CalTrain tracKs, and east of El Camino Real. The existing bike
route alignment follows segments of wilkie Way, Park Boulevard,
Southgate neiqhborhood streats and El camino Park bike path. This
route is. well used by commuter cyclists, students, and others as an
alternative. to Alma Street or £1 Camino Real. At the present tiae,
there is ~n existing gap in the bikeway between Churchill Avenue
and University Avenue, adjacent to Palo Alto High School, 70wn and
country Shopping Center, the Urban Lane area, and the Holiday Inn.
'I'he proposed project will completo the missing gap in the bikevay
and provide a continuous bik~ route from the south ~ity limits with
Mountain Vi,c',: to the north city i imits with Menlo Park. In so
doing, it will serve and facilitate bike travel to the Downtown and
C!IR:392:94
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PED/BIKE BRIDGE·
BIKE PATH
PEDESTRIAN/BIcYCLE BRIDGE AND BIKE PAm EXTENSION EMBARCADERQ !.\lliJ!l
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california Avenue Business oistricts, the two Palo Alto CalTrain
stations, the palo,Alto Tran~it center and stanford University, as
Well as Palo Alto Kiqh School, Town and country Shopping Center I
the urban Lane area, and &1 camino park.
'I'he s<:ope of the. project include.s the construction of a grade
separated pedestrian and bicycle bridge over EDbarcadero Road
(i_ediately adjacent to the existing railroacl bridqe) and
coapletion of a 0.85 mile segment of bikeiiay between Churchill
Avenue and University Avenue.
PREVIQUS ACTIONS
In Fabruary 1993, a consultant completed a feasibility study for
the proposed pr-ojElct. In August 1993, Council considered and
approved a motion agreeing, in principle, to indemnity the ~PB with
respect to liability which may arise from locating the project
lti,'ithin the railroad right-of-way (CMR:43l:9Jj dated July 29, 1993).
In october 1993, council approved an aqreement with HMH, Inc~ .for
the preparation of desiqn plans, specifications and bid documents
for the projact (CMR:522:9."Jj dated October 7, 199J)~ In February
1994, council approved a Progral'Ll Supplemental Agreement 'With
Caltrana to cover financial reimbursement from federal and state
funds for the design portion of this project.
In addition, as the consultant has pursued the design development,
multiple meetings have been held ~ith representatives of the JPB,
stanford, PAUSD, and other affected organizations. The project has
alBo been reviewed by the Architectural Review Board.
CURRENT STATtlS
To re.ain eliqible for the federal and state funding that has been
approved for this project, th2 City of Palo is required to submit
a right-of-way certiticat.ion, indicating that the right-of-way for
the project is available~ In addition, the necessary environmental
review for the project, must be co~pleted by September 1994. While
the deslqn of the project has not been fully completed, the design
develop_ant work has advanced sufficiently to identify and resolve
right-ot-way and environmental questions. O~ce state and federal
representatives' have reviewed and approved the right-of-way and
environmental issues, staff will prepare a second Program
Supplemental Aqreement with caltrans, to cover financial
reimbursement from federal and state funds for the design portion
of this'project.
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RICHT-of-WAY ~GREEM¥NTS
Included as Attac~ent8 1 through 4 ara four right-ot-way
aqr.eeaent. .. 8 folloWs:
Atta~t 1: Grant of &as~~ent and Agreement between
Peninsula corriaor Joint Powers Board and the
ot PAlo Alto.
the
City
Attachaent 2: Grant of Easement between the Board of Trustees of
the Leland Stanford Junior University and the City
Qr Palo Alto.
Atbctu..Jnt 3: Grant ot £ase.m.ent_ (Parcel 1) bElt'Ween the Board of
Bducation of the P~lo Alto unified School District
and the City of Palo Alto.
Attach~ont 4: Grant of Easement (P~rcel 2) betwe~n the Board of
Education of the Palo Alto unified School Dist.rict
and the City of Palo Alto,
The easement lind rights-of-way are essentially the same as in other
City Acquired easements, with the exception that the Joint Powers
Board easflmant hAs a 2o~year tern and a more comprehensive indemni
fication clause~
The reason tor two agreements
will travorse portions of t~o
PAUSU -wholly owns, and one
reversionary interest..
with the PAUSD is
separate parcels,
parcel in which
toa t the p."'-oj ect
one parcel which
Stanford has a
As part of the understanding vith PAUSO, the City of Palo Alto'will
be 4greeing (subject to Council action) to pay for the cost of
approxiDately 1,000 teet of chain link fence to separate the bikel
pedestrian path frol! the playing field and maintenance areas on the
&00001 site. The aS$ociIAted cost, estillllllted to be $25.,000, was not
previously antlcipated, and funds may not be available 'llr'ithin the
existing proje.ct budqet. Therefore, if the currantly approved
funalnq tor the project is insufficient to cover the cost of the
entire project, including the $25,000 for the chain' ,lin); fence,
staff will return to the Council at a later time with a Budget
~ncbtent ordinance transferring a suffioient amount of General
Fund aonies' to the project to cover the unfunded portion of the
$25,000. Whether part, all, or none of this $25,000 can be covered.
within the existing approved funding for the project will best be
deterained at the time that formal bids are received for the
construction of the project (January 1995).
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BlfYIBQNMJWTAJ, AS SesS1ff.t{f
An initial .tudy (94-RLA-16) reco-.ending 8 Negative Declaration
has be ... ., co.pi.ted tor thO project. A copy is included as
Attachaent 5.
RECOMMRNDATION
Stt\tt recoJUaoends t.lulIt the CO\l.ncil app::ove:
ra.) f.our ri9ht .... ot-V4y agrev.aents, one with the Peninsula
Corridor Joint PO'Wf'!":::' Board (A.ttach.ant 1), one with
Stantord University .!lIttachlilent 2) and two "ith the Palo
Alto Unified Schoo)Oistrlct (ilttaclutents 3 and 0), and
(b} an EnvironDIental I;,sst!!$f'H"ent (Attachment 5) i for the
Rsbarcadero Bridgo ~nd Bl~e P~th Extension project (eIP
No. 10310).
Respectfully subQitted,
HARVIN L. OVERWAY
Chief Transportation Official
A~~
JUNE FLEMING
City Hanag"r
. Attachaenta:
J<£NNE'I'JI R. SCHREIBER
Oirfl~tor of Planning
and Coamunity Enviro~ent
l. Easeaent Aqree.ent with the Joint Powers Board
2. EaBement Aqree»ant with Stanford University
3. Easeaent Agr ........ nt with PAUSD for Parcell
4. EaseJlent ... gre ..... nt with PAUSD. for Parcel 2
5. Envir.onmental Assessment {94-EIA-16)
cc: P8ninsula Corridor Joint Po~ers Soard (Tom Davids)
stanford University ,Curtis Feeney, Leonie Satkin, Andy Coe)
Palo Alto Unified School Dist. (James. Bro ... ·n, Walter Freeman,
Rosemarie Bednar)
caltrans (Bob Wu)
HHH, Inc. (Steve Sherman)
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RBCOBl)DlG JlEQUESTED BY I
Thi. docuaent is recorded for the
benef1t of the city of Palo Alto
and is entitled to be r~corded
free of charge in accordance with
saption 61Q3 of the Goyernment
~., Tni. instrumant ia exempt
frca Documentary Transfer Tax
(R .. v. and Tax. Code S 11922).
~ter recor~.tion, .ail to:
OFFICE OF TIlE CITY AT'J'ORNEY
250 Hamilton Avenue
Falo Alto, CA 94301
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" ATI'ACmffiNT 1
THIS A.CREEMEtlT made as of this day of __ .1 1994
{"Effective Date"), by and between PEUINSULA CORRIDOR JOINT
POWERS BOARD, a joint powers agency formed pursuant to California
law (hJPB" or IIGrantor") and the CI"T'¥' OF PA.LO ALTO (1IGr&ntee H ).
RECITALS
A. GrA~ltor is Uta owner of that certain reo\l proparty llhich
is looatea in the City of Palo Alto, state of California, and is
more particularly described on the map attached hereto and
incorporated by this reference as Exhibit A (the "Property").
B. Grantee desires to obtain eese.ant r.iqhts t~o. Grantor
over that certain portion of the Property .. <>re partiC\llarly
daacribed in tbe legal description and aap attached hereto and
incorporated by this r&terence as Exhibit B {-Easeaent Area-) tor
the purposes of construQtinq a bicycle path~
c. Grantae and Grantor wish to allocate th_ risk. ot
injury and damage that may result from the us. of the Property as
the result ot the Proj e.ct .
D. Grantee, upon completion of the work, is villing to
assume aaintenance and repair of the Project thereafter.
E. Grantor is willing to grant an eas~ent to Grantee on
the terma and conditions hereinafter set forth.
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FOR VALUABLE CONSIDERATION, the receipt of which is
aoknowledged, the parties agree as follows:
. ',', 1. Groot oC Easement. Grantor does hereby qrant and
corr('Oy to Grantee an Ee.aement to construct, maintain, and repair
a b'~~'ycl. PAth to. .be constructed on the Easement Area ('"the
Projent"). The Easement is grantad on the express oond.ition that
Grantee/s use of the Property not interfare with Crantorls
passenger commute rail operations and nothing contained herein
permits or authorizes, and this agreement expressly prohibits,
any such interference. Nothing herein is intended to expand
Grant.e'. use ot the Easement beyond those rights expressly
co.ntemplated in this Agreement.
2. ~ The term of this Easement sh3ll commence
upon the Effective Date of this Agreement. ~he £ase~ent shall be
for a term of twenty (20) years from the date of this Aqree~ent.
The parties may, by mutual written agreement} extend the term of
the Easement. Grantor may terminate this Agreement for cause
upon qiving Grantee 90 days written notice of te~ination. valid
cause for termination shall include, but not be limited to,
interference with rail operations or impairment of the safety ot
rail service, repeated acls of vandalism: to JPB}s eq~1ipment or
facilities or other activities which constitute a public or
private nuisance. This ea59m~nt shall ter~in&tp upon the
expiration of the 90 notico period unless Gr~ntee, tu the
reasonable satisfaction of Grantor, cures the situation causinq
the nuisance or other disruption within that period, or, if the
resolution of the situation requires a period of more than 90
days to remeay, promptly initiates t~e cure and diligently
proceeas to complete the remedy of the situation to the
reasonaQle satisfaction of Grantor.
In the ev~nt the project is abandoned or terminated, the Easement
shall be cancelled and all ri9hts shall revert to Grantor. Upon
such termination or abandonment, Grantor shall have the right, in
addition to but not in qualification at the rights harein
reserved, to resume eXGl~sive possession of said Property or part
thereof, the use of Which is so discontinued or abandoned.
In the event Grantee, its successors or assiqns abandon said
Easement or SAid project or tail to use such Easement for the
purposes contemplated herein for a period of one (1) year, the
right hereby qivan shall cease to the extent of the use so
abandoned or discontinued and Grantors shall have the riqht, in
add.ition to but not in qyslification of the rights hereinabove
reserved, to resume exclusiv~ possession of said Property or part
thereof, ·the use of· which is so discontinued or abandoned.
upon ter,min~tion of the riqhts and privileges hereby granted I
Grantee, at its ovn cost and expense, agrees to remove said
Projeot from said property and restore the Property as nearly as
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pr4cticAble to the saas state and condition in which it existed
prior to the construction of said structure. Should Grantee in
such event fail, neglect or refuse to remove"sBid structure and
ra.tore said property, such removal or restoration may be
pertoraed by Grantor, at ths expense of Grantee, which expense
Grantee agree. to ~y to Grantor upon demand.
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3. gFo by Grantee, 1be Easement is limited to the
tollowinq uses: the riqht to construct, maintain, repair,
reaove, ~eplac. and operate a bicycle path system in accordance
vi th plans appro\·ed' by Grantor, whose. approval shall not .be
unreaSOnably withheld or delayed, together with reasonable riqhts
ot access f~r such purposes. Grantee's use of the Easement shall
not aaterially interfere with Grantor's use or the Property,
inclucUnq 'its operation of its passenger commute rail service.
Grantee agree. to qiv8 Grantor twenty· (20) calendar days' writt9n
notice prior to commencement of any wQrk on the Easement.
Notwithstanding the above, following construction of the bB~rier
fence separatinq the bike lane area from the tracks, Grantee may
engage in maintenallce activities in the bike lane area without
qivinq Grantor prior noti~el except yhen said maintenance
activiti~s could affect Grantor's track area. Prior to enqaqinq
in activities that could affect the track area, Grantee agrees to
give Grant~r 20 days written notice. Grantee aqrees to keep the
property .etIInd the Projl:!e-t in good and safe condition, free from
waste, so far as Af~ected by Grantee's operations, to the
reasonable satisfaction of Grantor. If Grantee fails to keep the
property and the Project in qood an~ safe con4ition, frea from
WAsta, then atter q1vinq Grantee notice of the situation ana a
riqht to cure it in lJ. reasonable t.ime, Grantor may perform the
neceS5ary work at the ·expense. of Grantee, which. expense Grantee
agrees to pay to Grantor upon demand.
4. Permit FRRI, Prior to the execution ot this
AqreeBent, Grantee shall pay to Grantor the standard processing
fee at $900.00.
5. Prior Rights. This gyant is made subject and
sUbordinate to the prior and continuing right and oblig.tion of
Grantor, i~ successors} assigns and parmittees to use all of the
Property in the partoraance of its transportation operations.
There ia reserved unto Grantor, its successors} assigns and
permittees, the riqht to construct, reconstruct, maintain, usa,
re~ir, ranew, chanqe, modify or relocate existing and future
facilities and appurtenance5 1 includinq, without limitation~
transportation, comm~ication (including fiber optic
telecommunication systems), railroa~ and pipeline facilities and
appurtenances in, upon, over, underl across and along tho
Property.
This grant is ~ade subject to all licenses t leascs 1 easements, restrictions, conditions, covenants, encumbrances,
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11.na and cl"(1Il$ of title which may affect the property in effect
a. ot the Effective Date. The word "grant n shall not be
construed ••• covenant aqalnst the existence of any of these~
Subject to the foreqoih9, GrAntor warrant5 that it holds,legal
title to the Pro~rty and has the ability to grant it to Grante •.
'I'be-Ease.»ent ~n¢h1Cles inoidental rig'hts of maintenance,
"repair and replacuent over the EaseJWtnt Area.. In exercisinq
the •• riqhta l Crantea aust use reasonable care and may not
Inerea. •• the burden on tha Property or ~aKe any other material
cbanq •• to the Property not consistent ~ith Grantee's uses of the
Pro~y •• t forth in sections 1 and 3 of the Aqreement. It is
expre8&ly aqr~ed by the parties that Grantor, its successors and
-a •• lqns, .ay, in the future, construct additional railrvad tra~KS
or oth.r tran5portation facilities on the right of way, which may
requir. the U •• of'all or a portion ot the Property including the
EAse..ent are8, tl.,·,t this work "a~' increase Grantee's costs of
rep6ir and/Qr r8place~ant of the Project, and that any adaitional
costs resultihg tro~ such cQnetruction shall be borne by Grantee.
6. ~cAt1on(Hodlfic4ti9n of Proj@ct. Easement.
GrAntea aqcs6s that in the event Grantor determines that the
oxpansion or Bodlfication of Grantor's tacilities in the transit
corridor require relocation and/or modification of the Project,
in whole or 1n pu·t, Grantee shall, as appropriate, relocate or
podify (or both) the Project at the sole cost of Grantee.
Grantor agrees that in the ovent an alternative or realiqned
ease.ant. is required as the result of the relocaltion, it shall
9r~nt to Grantee such alternative or' realigned easement of
property it t~us owns or controls and to the extent ot its rights
~s required in order to facilitate the relocation pursuant to a
recordable instrument on the same terms and conditions as
provided herein if such property is owned by Gr.antor and
availAbl. for Orantee's use. Grantee shall quitclaim its
interest in that portion of the prior Easement to Grantor
concurrently ~ith the qrant of the alternative easement, it any.
In the event sufficient Grantor-owned property is not available
for the relocation of Grantee'. facilities, Grantee shall, at its
sole cost and expense, obtain 8~tticient property interests to
undertake ~e relocAtion. Crantor shall have no further
obliqation to Grantee to provide property for tho Project.
7. Flbtr optics SysteM ond UndergrQynd PJcil itie.R.
7he rights qranted by this Agreement are subject to the riqhts of
Gran~or (or anyone acting with the permission of Grantor) to
construct, reconstruct, maintain and operate fiber opti~ and
other telecoaaunications systems, pipelines and other utility
systea. in, upon, .Along l 80rO~5 and beneath the Property and
rfqhts-of-ways of Grantor, inoludinq the property throuqh Which
the Project shall be constructed.
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sinoe there i8 the possibility of the existenco of the
JPB's signal lines, fiber optics systems, pipelines or other
BtruG~ures bftneatb the property, it Grantee should excavate or
drill, then Grant.eis forces shall identity such structures and
explore such structures in A non-destructive aanner. Potholing
snall be done by vacuum removal, by aeans ot Softdig, Inc. or
equivalent contractor. As an alternative, Grantee .~y explore
taoilitie. with hLna tools to • depth ot at least eight teet (8')
below the surface of the ground or, at Grantee's option, use
suitable detection equip.ont prior to drilling or excavating with
aecl1anized equipaent. Absence of urll:.rs dlaa not constitute a
warranty by Grantor ot no' "s\Jbs:urtace installations. Prior to
Grant •• '. co .. eneament of ~ork upon the Project, GrAntor shall
n9t1fy Grantee of any unaerqround &tructures of which Crantor ha.
actual knowledge, withQut enqaginq in independent investiqat1on.
Notwitbst~ndln9 the toreyoing, it sh&ll be Grantee's
Tasponsibility to date~lne the 6Kistence of any underground
facilities and Grantee shall call Underqround Service Alert 4t 1-
800-642-3444 prior to beglnn1nq ~ny ~ork on the property.
Grantee shelill cont;elct an)' utility Or' carrier who ill.a installod
markers on tha p~operty. In addition Grantee shall also contact
Gralntor's piSssenger service operator, ADtralK, which can determine
the location of railroad si9nal wires. It there are such
underground facilities, Grantee will contact the owner of such
facilities and :roake seJtisfactory 81'ranqeClents. tor. relocation 0;("
other protection for the systen prior to beginnins any work on
the Property.
Grantee aqrees to reimburse Grant~r and/or the oWTIer(s)
of the flberoptic Gyste~s or other facilities which are present
on the Property as of the date of this 1\qree:m.ent tor all exp-ensoes
which either may incur, l ... hich exponses would not h;elV6 been
incurred except by reason of the USe of said premises by Grantee,
ita agents, e~ploye.s or invitees, including relocation costa or
any damages incurred by s~ch owner due to the injury to the
.'3'ystns~
8. ClAims. ClaiQs, injuries, deaths, property
damages and losses arisinq out ot or connected with the Easement
shall be investiqated, adjusted, def.n~.d and, it required, paid
by Grantee.
9. Indemnification. Penaittee agrees to and ahall
indemnify, defend and hold harwless JPB, its member agencies (the
San Mateo County Transit District, the city and County of San
Francisco and the Santa ClarA county Transit District), Southarn
Pacitic Transportation Company and the National Railroad
Passenger Corporation (~AmtraK~', their respective Officers,
agents, and employees (here,lna.ftllt' collectively refor.rod to as
"Indemnitees") tro. and a~~inst any and all claias, demands,
losses, da~aqes, causes of action~ suits, and liabilities of
every kind (including reasonable attorney's fees, court costs,
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and other expensns related thereto) arisinq out of or in
connection with the use of the Subject Property by permittee, its
contractors t invite.lt, ag:ants or 8JDployees under this Aqreuent.
I~ IS '!'HE: EXPRESS INTElITION OF '!'HE PARTIES HERETO, BOTH PERHI1'TE&
AI/l) JPB, 'l'HA~ '!'HE INDEllNITY PROVIDED FOR IN TIllS PARAGRAPH
IIIDEllNIFIES TIlE IIIDEMNlTEES FOR TIIEIR OWN NEGLIGENCE, IfflETlfF:R
'l'HA~ NEGLIGENCE IS ACTIVE OR PASSIVE, OR IS THE SOLE OR A
COllctllUUNG CAUSE OF THE INJURY, DEATH OR DAlIAGE PROVIDED. 'l'HA'I'
SAID INDE!IIrITY SHALL NO'l' PRO'l'EC'l' INDEllNITEES FROM LIABILITY FOR
DEATH, INJURY OR DAMAGE ARISING SOLELY OUT OF THE CRIIUIIAL
ACTIONS OR IIlTENTIONAL MISCONDUCT OP INDEllNITEES.
10. Insurance. Any person, firm or corporation
Grantee authorizes to york upon the Property, includin9 any
subcontractor, shall be deemed to be Grantee's aqent and shall be
subject to all the applicable terms of this AqreeDent. Prior to
entry upon the Property by such agents, Grantee shall provids
Grantor with s&tisfactory evidence (e.q. in the forM of a
Certificate of Insurance) that it and/or its contrectors or other
'""CJ~rrt.~ who:-~ill obtain ~ccess to t.hc f'rop~rt:r ~;.j":3uant t-o-tlti_s
Aqreement are insured in accordance with the followin9, which
insurance shall remain in effect throuqhout the tern of this
Agreement and shall be at the sole cost and expense or Grantee
(or its agents)" Prior to the start of the work Qr entry onto
the Property, Grantee agrees to procure and ~aintain. and/or to
require its contractor(s) to pro~ure and maintain, at its (or. its
contractors') sole cost and expense (and to prove to Grantor's
reasonable satisfaction that it remains in effect throughout the
work), the kinds of insurance described below:
(a, Worker,' CQ~penBetion and EmployerBI Liability
Insuronpe.
Grantee shall procure and maintain and e.h.ll
require its contractor(s) to procure the pAyment of Workers'
Compensation and/or Fe~eral Employers' Liability Act Covera~e
(F~) (whichever is applicable) to its employ •• sl as required by
the Federal Employers' Liability Act of 1908 applying to instate
railroad employees or as required by Section 1860 of the
california Labor Code (Chapter 1000, Statutes of 1965), or any
subsequent amendments or successor acts thereto qovernlng the
liability of employers to their employees.
If Workers' Compensation applies, it shall be in
accordanc$ with the provisions of section 3700 of the California
Labor Code (and any amendments the~eto or successor aets or
sta'tutes) and the Grantee ShAll furnish Licensor with a
certificate evidencinq such coverage together with a verification
thereon as follows:
III am aware of the prOVisions of section
3700 of the California Labor Code which
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requires every employer to be insured A9ainst
~ liability for workers' cOlDpensat·lon or to
undertake self-insurance in accordance vith
the ·provisions of that oode, and I will
comply with such provisions before commencing
the performance of work under this
Aqreement."
, If the California Ll!ibor Code requiring W..;;:rkers'
Compensation applies, the Grantee shall also maintain Employer's
Liability coverage with minimum limits of $5,000,000.00.
If FELA applies /. it shall be in accordance with federal
statutes and have minimum limits of $5,000,000 per occurrence.
The Grantee 5hall provide evidence of coverage or self-insurance
together with a verification thereon as follows!
"r am aware of the provisions of the
Federal Employers' Liability Act l and I will
ccnnply with s,uch provision::. bufore cOmI(l.ene:ing
the performance of work under this
Agreement."
Whether FELA or Workers' Compensation applies, the
Grantee shall furnish the Grantor with the Certificate(s) of
Insurance required hereunder prior to the commoncement of work.
The Certificate ahall also provide that the Grantee's policy will
not be cancelled or have coverage reduced without thirty (30)
days' prior written notice.
{b) ~ercial General Liability Insurance.
Grantee shall, at its own cost and expense I also
procure and maintain and/or require its contractors, at their own
cost and expense, to procure and maintain commarcial General
Liability insurance which s~all include as additional insuredS
the Peninsula Corridor Joint Powers Board, the City and County of
San Francisco, the Santa clara County Transit District, the San
Mateo county"Transit District, the Southern Pacific
Tr~nsportation Company, the National P~ilroad Passenger
corporation CRAmtrak H ) and their respective directors, officers,
e.ploya8s and aqents while ~cting in such capaCity, and their
successors or assignees, ~s thay nOWr or as they may hereafter be
constituted, singly, jointly or seve~ally.
Insurance shall provide bodily injury and proparty
damage coverage with a combined single limit of at least
$2,000,000.00 each occurrence or claim and a general A99reqate
limit of at least $2,000,000.00. This insurance shall include
but ~ot be limited to premises and operations; contractual
liabi..:.ity covering the indemnity provisions contained in this
Aqreement; personal injury; explosion, collapse, and underqround
t7lS9].] -7-
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coveraqe# products And C~Mpleted operations, and broad form
property d ..... q •.
prior to commencing work or entering onto the Property,
Grantee shall file a Certificate's) of Insurance with thft
Assistant to tho Executive Director of the JPB evictencinq
coveraq., _t;ncl upon request, a certified duplicate original of the
policy. said Certificate(s) shall stipulate:
(ll Tht:, insurance company(iesl issuing such
policy(i •• ) ahall qivo vritten notice to the Assistant to the
Executive Director of the JPB ot any mat9ri.l alte~at1on, or
reduction in aggregate limits, it sl:Jr:'h }';'mits apply, and provide
at ie&st thirty (30) days# notice o't. ccilncellation.
(2) That the policy(ies) is Primary Insurance and
the insurance co~pany'ies) providinq such policy(ies) shall be
l14ble thereunder for the full amount of any loss or claim which
Crantee -is liable for under this Section, up to and including the
tot!)l J_'_'m_it of !!.ability, ... ·lthout right of cOlltribution t-rom any
other insurance effected or which may be effected by the
Peninsula corridor Joint Powers Board, the City and County of San
Francisco, the San Mateo county Transit District, the Southern
pacific Transportation company, and the llational Railroad
passenger Corporation C'Arntrakli).
(3) The policy shall also st;pul~te: Inclusion of
the Peninsula Corridor Joint Powers Board, th$ City and county of
San Franuisco, the San Mateo County Transit District j the
Southern ~acitic Transportation company, and the National
Railroad Pa:ssenqer Corporation (ItAmtrak") as additional insureds
ahall not in any way affect its ri9hts either as respects any
claia, demand, suit or judqmen't made, brought or recovered
_qainst the Grantee. Said policy shall protect Grantee and the
per,iuula Corridor Joint Powers Board, the: City and County of San
Francisco, the santa Clara Transit District, the San ~teo County
Transit District, the Southern pacific Transportation Company,
and the National Railroad Passenger Corporation ("Amtrak", in the
sase aanner as thouqh a separate P9licy had been issued to each,
but nothing in said policy shall operate to increase the
insuranoe co~ny's liability as set forth in it. policy beyond
the aaount or amounts shown or to whioh the insurance. coapany
would have been liable if only one interest had been nBaed as an
insured.
(c) Railroad's protective Liability Insurance.
The Grantee shall provide and/or require its
contractors to provide, with respect to the operations it or any
of its contractors perform a~ve the railroad tracks or within
fifty (50) feet horizontally of the railroad traCKS, Railroad's
Protective Liability Insurance with either the AASHO policy f~rm
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or-the ISO/RIMA fora with pollution coverage tor job site fuels
"and lubric.nts. The naaed insured shall be the Peninsula
corridor Joint Pow.ra Board, the San Mateo county Transit
Dltrtrict, the Santa Clara County transit District, the cit}~ and
county of san rranclscQ, the SouthGrn Pacific Transportation
Cuapany, and the National Railroad PAssenger corporation
("'btr'ak"} and ahfrill cover all other t'llilroads operating on the
rignt.of-way. Th_ policy shall have limits of liability of not
les8 than $ 2,OQO,OOO.OO per occurrence, coabined 8inq16 li~it,
tor covara9 •• A and B, tor losees arising out of injury to or
death of all persollS, and tor physical 10s5 or <lamaqt· to or
destruction of property, includln9 the loss of use thereat.
\
Prior to co.aencinq yorX or enterinq onto the Property, Grantee
.~.ll file an ori9inal or a duplicate originol of the policy for
R.ailroa<i Protective Liability with the Assistant to the Executive
Director of the JPB. This ~~verage c~n be purchased by Grantee
unde.r Grn:ntor's blan}(:et ra ilroad protective polic}'.
(dl ProfessioDal Ll:bility_Insyrance. RequLr.dl
'iee_ !i'O-A..,.
"rile G.i:clI\:ea s"i'1ft;1.1, at: its o'tln cost and expense,
procure and naintain 4 professional liability policy covering the
Cr~ntee for any and all errors or omissions committed by the
Gr~ntee, hi~ agents or enployees. in the performance of this
contract. The cover(l.go shall be naintained during the tert!1 of
this contract and for at least ____ ( ) years following
completion of all operations to be performed. The policy, or
policies, shall ~ave liuits of liability of not less than $2
million per occurrente and in the agqraqate.
(eJ AMt2~o9ile Li§bility Insurance.
Grantee shall, at itn own cost and expense,
procure and =aintain and/or require its contractor(s}, at their
oW'n cost and expenae} to procure and aaintain Automobile.
Liability insurance providing bodily injury and property damage
with a COab!ned single liait of at le~st $1,000,000.00 per
occurrence for all owned, non-ovned and hired automobiles. This
insurance shall provide contractual liability covering all motor
vehiclea and .obil. equ1p.ent to the extent coveraqe may be
excluded froa general liability insurance. Suc~ insurance shall
include 8. additional insureds the Peninsula Corridor Joint
Power. Board" the city and County of San Francisco, the santa
Clara ,county Transit District, the San Mateo County Transit
District, the southern Pacific Transportation company, the
National Railroad Passenqer Corporation C"Amtrakfl) and their
respective directors, officers, employees and agents while acting
in sucb capacity, and their successors or aSSignees, as they now
or as they .ay hereafter be constituted, eingly, jOintly or
severally.
173593.S -9-
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(f) Envirgnmento] Implirp4Dt LiAbility IO$UraDce.
The Grant •• shall, at its Olin cost and expense,
procure and maintain a professional liability policy covering the
liability of the Grante. arisj.n9 out of the pollution or
iapairmant of the environment, includinq clean-~p costs, caused
by the perrormance at activity in connection ~ith this A9r.aaent~
The Peninsula Joint Powers Board, the city and county ot San
Francisco, the santa Clara County Transit District, the San,H~teo
county Transit District, the Southern Pacific Transportation .
coapany, and the National Railroad Pdssenqer Corporation
(·Aatrak~)~ their re5pectlv, directors, officers, .. ployee$ and
aqenta sb~ll be n .. &d as additional in.ureds with respect to
operations to be perforaed, and the policy ahall contain a ~aiver
of subrogation against all addition~l insureds and th$ir
directors, employees and aqents. Coverage aay be by andorse~ent
to the general li~bility an~ autoMobile policiea or be a separate
policy. Limits of liability will not be 1 ••• than tho li.its
required for General Liabilit}· Insurance abov$. the autore.cbile
coverage shall contain the HCS90 endorsenent and thp. rso
pollution endorsement Which includes coyor;aqo tor loadinr; and
unloading. If coverage is by endorse~entr tht certificates of
insurance submitted must clearl)' indicate that these coverages
are combined.
In the event of disposal Cif hazardous e:ater!als,
Grantee shall desiqnate the ~isposal site, and must provide a
Certificate of Insurance trom tho disposal facility to the
Assistant to the Executive Director ot the JP8. Cover.aqe J:lust
include Environ~ental Impairment Liability Insur.ance with limits
of not less than $3,000,000.00 per occurrence and $6,000,000.00
annual aqqregate, including sudden and accid~ntal pollution
coverage.
(9) property Insuranc@,
Grantee shall, at its own cost and expense,
procure and maintain and/or requlre.--its contractor cs), at their
own cost and expenS&l to procure and aaintain property insurance
to protect its interest in the equip .. nt to be used in
performance of this Aqree~nt and the Grantor's interest in
materials or property to be installed, coverinq All ridka of
physical loss nr damage to such equip •• nt, The eoveraqa under
such policy shall have limit. of liability adequate to protect
the VAlue of the equipment ~nd property to b9 installod. If
desired, Grantee may choose to self~insure this exposure, but in
no instance shall the Grantor be responsible for such lo~s or
d~ga, unless caused by its sole negligenco.
All insurance specified above shall ramain in force
until all work to be performed is satisfactorily completed, all
ot Grantee's personnel and ~quipment have been removed trOQ the
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r_ilroad property I and the work has been fo~~lly accepted. The
failure to procure or aaintain required insuranoe and/or an
adequately funded s1!Ilf-insur.a.nce progr41D will constitute. II;
aaterial breach of this Agreement •
. It any insurance" specified above eh811 be provided on a
claiB-ude basis t then in addition to coverage requirGJllents
above, such policy shall provide that:
(a) Policy ~etroactive dat9 coincides with or
precedes the Grantee's start of work (including subs~ent
policies purchased as renewals or replacements}.
(b) Grantee will make every effort to ~intain
siailar insurance duriny the term of the Agreement tollowing
p~oject co=pletion, including the requirement of addir.q all
additional insureds.
(e) If insurance is terminated for any reason,
Grantee agrees to purchase an e~tended reporting provision ot at
least two j'sars to report claims arising from work pertormed in
connection with this Agreement or Permit.
(d) policy allo",'S tor reporting of circumstahCi:!S
or incidents that might give rise to future claims.
In addition to the requirements described above I ~ny
4dditional coverages required by the United states Department of
Transportation, the Environmental Protection Agency and/or
related state and local laws, rules and regulations shall be
complie~ with. The Grantee and/or its contractors ahall obtain
all permits, licenses and other forms or documentation which aro
required and forward them to the Assistant to the E~ecutive
Director of the JF8 with the required evidence of insurance.
All policies will be issued by insurers acceptable to
Grantor. Opon "evidence of financial capacity satisfactory to
Licensor, Grantee's obligation hereunder may be satistie~ in
Whole or in part by adequately funded self-insur.ance.
11. construction. Repair And Maintenanc!. Grantee, at
Grantee.' 8 sole cost and exp'ense~ shall cause all .... ork in
connection with the construction, use, repair and maintenance of
the Project within the Easement area to be performed i~ a qood
and ~orksrlike manner and in compliance with all applicable
approved plans, approY~d specifications, laws and lawful
ordinances, regulations and orders of any federal, state, county
or'Dunicipal authority. Grantee aqrees that all work upon or in
connection .... ith the project shall be done at such ti~es and in
such manner as·not to interfere in any way whatsoever with the
operations of Grantor. The plans for and the construction of the
project shall be subject to the approval of Grantor, ~hose
113595,3 -11-
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approva.l shall not be unreasonably withhelcl or delayed. Approval
by Gra.ntor aA~ll not constitute a warranty by Grcntor that such
plans confora with applicable federal, state, and/or local codes
and regulations.
Any open holes shall be satisfactorily covered or
fenced at all time~ when Grantee's forces are not physically
working in the actual vicinity. Upon completion of York, all
holes will be filled in to meet the surrounding ground level with
clean l compacted, earthen material and the property left in a
neat and safe condition reasonably satisfactory to Gra~tor.
Onder no condition shall G~antee be permitted to place
or store any Jlechanized equipment, tools or othe.r :materials
within fifteen feet (~5') of the center line of Grantor's near~st
railroad tracks.
Grantee shall not be permitted to cross Grantor's
track$ located on or adjacent to the Property to gain Access to
and from the project. Access shall be by use only of designated
public streets or crossings.
Grantee agrees to reimburse Grantor fo~ the reasonablu
costs and expenses to Grantor or Amtrak of furnishing any
m~ter101s or performing any labor in connection with the
construction and maintenance or re~oval of the Project,
includinqJ but not limited tO I the installation and removal ot
such false work and other protection benaath or alon9' the
railroa~ tracks, and the furnishinq of such security parsons,
tla9gers and inspectors ~s Grantor deems necessary. Prior to
incurrinq any cost or expense, Grantor shall reaso.nably notify
Grantee of tha same.
The presence of an inspector or flaqger from Grantor
.ay be required when Grantee or any of Grantee's contractors are
working. The reasonable cost of such inspector or fla9ger shall
be payable to Grantor within 30 days after presentation of A
bill.
Grantee shall cooperate with Grantor in making any
tests Grantor requires of any installation or condition which in
Grantor' reasonable judgment may have an adverse effect on any of
the facilities ot Gr~ntor. All costs incurred by the tests, or
any corrections, shall ~e borne by Granteo.
12. Damage and Pestryction. In the event that the
whole or any part, of the tracks, signal faciliti:s:a or o~ratinq
equipment of Grantor, the wires, cables, fiber optics or other
facilities ot the communications carriers with facilities located
on the Property, or the other improvements of Grantee are damaged
or destroyed by any cause related to the presence of the Project
on the Property not the result of the intentional misconduct of
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Grantor, its agents, contractors or assigns, Grantee at its cost
and expe.n&e .. shall rastore the said tracks, siqnals facilit,~es,
operatiileJ equipaent, vires, cables, fiber optics, or other'·
c~leation tael11ti6., box culvert, levee, bank, channel or
iap~ov ... nt. to their pr.-8xisting condition.
13. Compliance! Hazardpys Materials. Grantee shall,
~t ita axpens., ca.ply with all applicable laws, regulations,
rul" and ora.rs r~ar~less of vhen they bec~me or became
_elective, includinq, wlt~out limit~tion, those relating to
health, s&tetYi n01se, environmental protection, waste disposal
B,nd vaate and. air quality, and turnish satisfactory evidence of
a~ch eoapliance upon request of Grantor.
No hazardous aaterials shall be handled at any time
upon the Property except 1n compliance with all applicable laws,
requlation$, rules and orders. Should any disch~rqe, leakaqe,
spillage, a:ission or pollution of any type occur upon or arise
on tn •• ~sa~ent area covered herein as a result of Grantee's use,
presence, cperations, or exercise of the rights h~rein qranted,
Crantea shall at its expense be obligated to repair all property
affected thereby. With respect to any property owned or
controlled by Grantor, Crantor may, at their sole option, clean
G~antor'8 property; if the Grantor elects to do so, Grantee shall
pe.y the cost of such cleanup promptly upon the receipt of a bill
therefor. Grantee agrees to investigate, release, indemnify a~d
defend Inde:ulitees from. and against all liability, cost and
expen •• (includinq without limi~ation, any fines, penalties,
judgaants, litigation costs and attorney fees) incurred by
Indaanitees as a result of any such disoharge, leakaqe, spillaqe,
emission or pollution arising trom use of the Property by
Grante&, .its officers, &CJonts or employees, reqardless of whether
such liability, cost or expense arises durinq the ti~e this
Agraeaent 1s in etfect or thereafter, unless such liability, cost
or .xpenae 1& proxi.ately c8ysed solely and exclusively by the
active nftgligence of the Grantor, its officers, aqants or
eaploYHs;
14. cODsidaxltipn: CQsts~ Upon execution hereof, in
consideration tor this MH:IlIent Grantee shall p~y the Crantor One
Dollar ($ 1.00). In the event all or any portion of the said
preai ••• ot Railroad shall be taken or condemned tor public use
. incl~ing conveyance by deed in lieu of or in settlement of
condaanation proc&edlngs, Grantee shall receive compensation only
for the taklng and damaging of Grantee's improvements. Any other
coapensation or damages arisin9 out of such taking or
condeanation awarded to Grantee shall be assigned by Grantee to
Grantor.
15. Notices. All notices required or permitted to be
given her~und.r shall be in writing and mailed postage prepaid by
certified or registered mail, return receipt requested, or by
17l'Sf3.l -13-
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personal delivery, or by overnight courier, to the appropriate
addre •• indicated below or at such pl~ce or places as either
Grantor or Grant •• a4Y, fro. t1ae to time, reapectivaly,
designate in a written notice qiven four (4, days atter the date
of aal1ir~ thereof or upon p.r.on~l delivery.
To Gr-antee:
"ith copy to:
To JP8:
with copy to:
City of Palo Alto
Attention: City clerk
P.O. So)( 10250
Palo Alto. ~ 94303
City of Palo Alto
Attention: Chief Transportation Official
P.O. 80)( 10250
palo Alto. CA 94303
peninsula Corridor Joint Powers Boar.d
c/o S~r. Mateo Coynty Transit District
P.o. 80)( 300'S
san coclos! CA 94129
Attn: E)(eclJtivG Director
Henson, Bridgstt, Marcus, Vlahos & Rudy
333 Market Street, Suite 2)00
San Francisco, Califo'.-'nia 94105-2173
Attn: Vavid J. Hiller
Notice9 shall be effective on the date ot person~l
delivery if qivan by personal delivery, on the next business day
if qiven by express aail or eom.arcial overnight courler J or tour
bu~iness days 8tter ~Dillng i5 sent by ~e9i8tere~ or ~ertified
"'" il.
16.
p~rt1es under
"i th the 10 ....
§oytrninq kaVe The r!qhts and liability of ~~e
thia Agree_ent shall,be interpreted in aceordanca
of the State of California.
17. Integration. This Aqreeaent constItutes the
coaplete expr ••• ion of the agreeaent between the parties and
supersedes any prior eqreeaenta, whether written or oral,
conc~Pft1nq the subject of thie Aqr •••• nt, "hich ora not fully
expres.ed in tht. Agr .... nt. Any aoditication of or addition to
this Aqre8ilOl1t al1St be in a lt1'it1nq a1971ed by both parties.
19. Heodings. The headin9s ot the paraqraphs of this
Agreement are inserted fer convenience only ana do not constitute
part of this Aqre ... nt and shall not be used in its construction.
19. Severability. Each provision of this Agreement is
intended to be severable. It any tera of prOVision shall be
determined by a court of competent jurisdiction to be illegal or
invalid for any reason whatsoever, s~ch provision shall be
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ae.vored from this A9ree1llent end shall not ".e.ftec:t the validity of
the remaindar ot this Agreement.
20~ No Waiver. No waiver of any d.tault or breach ot
any covenant of this Agree.ant by eithor party sholl be iwplied
troa any omisBion by either party to t~k. action on account ot
auch default it such default p.rsista or 1, repeated, and no
e.xpre.ss wai'ver shall affect any clefault other than the detal:llt
specitied. in the waiver, and than the waiver shall be op~ratlve
only for the time and to the extant stated. Waivers ot any
ccv~t, ter= or condition by either party .hall not be
oonstrued a. A waiver of any subsequent breach of the .ame
covenant, term or condition. The consent or approval by either
Party to or of any act by aithar party requirinq further con.ent
or approval shall not be dee~ed to ~aive or render unnecessary"
theil' 'consent or approval to or ot any subsequent siailar acts.
21. Conditip" to tttective~. As conditions
precedent to the effectiveness of this Agreemant: {I} Contractor
shall have provided Grantor 'With satisfactory evidQ"_c~ of
indemnity and insuran~e as required u~der this agreement; (2)
Grantee shall have p3id the per~it fee aescrlbed in Saction 4
above.
22. Successors and Assigns Bound. This aqree~ent
shall inure to the benefit and bQ binding upon the successors 3nd
assigns of the parties hereto. Grantee sh_ll not Assign nor
sublet, in whole or in part, any rights covered by this
Agreement, or permit any other person, ti~ or corporation to
use, in whole or in part, a~y of the riqhts or privileges 9rant.~
pursuant to this Agreement, without first obtaining the wrltten
consent of the Licensor.
23. Attorneysl fees. It any 1*9a1 proce~in9 should
be instituted by either of tha parties to enforce the teras of
this Agrenent or to determifle th~ riqhts ot the parties under
this Agroement, the pravailinq party in the proceeding shall
receive, in addition to all court costs, r84&onable attorney.J
tees.
24. survf";bility of Indemnity Obliyotlonl. The
provisions of sections 8; 9 1 and 13 shall surv va the terainetion
of this Agreement.
113'593.' -15-
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IN WITNESS WHEREuF, the parties hereto hav* executed this
Agreement aa of the day and year first above written.
City ot Palo Alto
Mayor
Clerk
APPRQVED M !rO FQIUI:
Senior Asst. city Attorney
lU'PROV1:Il.
city Manager
DIrector of Planning and
CQm&Ui1ity Environment
DIrector of FInance
RIsk Hana gar
-16-
Grantor'
Peninsula corridor Joint
Powers Board
ExeCQtiv8 oIre~tor
"'l"l'BS'1'.
secretary
APPROVED All '1'0 POIUU
Attorney
D/SERT NOTARY'S ACKNOWLEDGEl!ENT PAGE HERE
11.J59l.l
EXHIBIT A
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EXHIBIT B
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HMH, Incorporated
. CMf En9""" ' PIaMe.. ' &rwyo<>
LEGAl DESCRIPTION
BIKE TRAIL EASEMENT
PORTION 246-DEEDS-400
June 15, 1994
Job No. 2234-00-30
All thai certain real property snuate in the City 01 Palo Allo, County of Santa Clara, Stale
of California, being a portion of that certain property described in Book 246 of Deeds at
Pages 400 to 403, Official Records of said County described as follows:
Beginning at the most southerly comer of thai r •• ' property described in Ihe
aforementioned Book 246 of Deeds al Pages 400 to 403;
Thence leaving said mosl.outherly comer N 55' 48' 00" W, 417.79 feel 10 a point In the
sOLS!l1easle,ly line of that certain real property described In Book 435 at Pages 244 &
245, Official Records of said County:
Thence coincidenllherewHh N 70' 47' 00" E, 25.19 feel;
Thence leaving said southeaslerly line 5 56' 22' 40" E, 332.84 feet;
Thence 5 56' 16' 38' E, 88.00 feet to a point in the southeasterly line of the
aforementioned property described in Book 246 of Deeds at Pages 400 to 403:
Thence coincklent therewJlh 5 70' 47' 00" W, 30.28 feel to the Point of Beginning.
Containing an area of 0.214 acee or 9330.3 square feel, more or less.
SMM:cs!24l> DE400.leg
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HMH. Incorporated
Civil Eng;"'''' . Pillnnm . S"""lIOTS
"~OU~~~
,. tI 601: "'~10 ~.~.,IO$(. C:"""'C"',",," tS"'-HICI c .... ) ~4.).!)J rn (lOaj 1'1!.-Jl'2
s...'bm'H.ed ~y
PLAT TO ACCOMPANY
LEGAL DESCRIPTION
BIKE TRAIL EASEMENT
EXHII3IT A .:ce NO, 22J-4-OG-JO
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HMH, Incorporated
CMI&v-> ' _ • ~fO'S
LEGAL DESCRIPTION
BIKE TRAIL EASEMENT
PORTION 241.oEED~33
July 22, 1994
Job No, 223+00-30
NllhaI. certaIII reaJ ~ Situate In the City of Palo Mo, County of Santa Clara, State
of ~Iifomia, being also a po!1ion of 1ha1 rea! property described In Boo!< 241 of Deeds
at Pages 633 to 636, otIicIIl Records of said County described as follows:
Beginning at the 1llO$1 .... ""lerly romer oflhe aforementioned property des~ in Book
241 of Deed$of PagElS 63310 636;
Thence coincident with the nort/lweslorly line thereof N 70' 47' 00" E, 30,28 feel;
Thence leaving said northwesterly line S 56' 16' 39' E, 71,73 feel;
Thence S 55' 21' 35' E, 152,00 feet;
Thenoe S 53' 58' 33' E, 160,00 feel 10 a point in the southeasterly line of the
aforementioned property desctibed In Boo!< 241 of Deeds at Pages 633 to 636;
Thence coinciden! therewith S 70' 47' 00' W, 25.62 fee! to a point in the most easterly
comer of Parcell as &heM'll on that Record of Survey Map filed in Book 326 of Maps
at Page 8 R~ of sald Cou>lty;
Thence 00l0lCiclent with the ~ line thereof the following two (2) courses:
1. /II 51' 35' 07" W, 134.31 teet:
2. From a tangent thai bealS N 64' 17' 50" W, along the arc of. 456,59 foot radius
curve I<> ff>e lett 83.33 feet. ttvough • cientral engle of , 0' 24' 42' tl> a point In the
~ line of the aforemeoIiooed property deS<:fibed In Boo!< 241 of Deeds
at Pages 833 to 636;
Thence coincident therewith N 51' <IS' 00" W, 172.02 feet to the Point of Beginning,
Containing lin area of 0.222 acre or 9689.4 square feet, more or less.
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PLAT 10 ACCOM
LEGAL DESCRIPTION
BIK£ TRAIL EASEMENT
HM#"ncorporated
CMI Enginet<S • PIa""",, • s.n.yo..
LEGAl DESCRIPTION
BIKE TRAIL EASEMENT
PORTION 264-DEEOS-240
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June 15, 1994
Job No. 2234-00-30
AIl that certain real property situate In the City 01 Palo Alto, County 01 Santa Clara, Slate
of California, being also a porticn of thai certa in property desenDed In Book 264 of Oee<ls
at Pages 240 to 242, Records of said County described as foUows:
Beginning at the most westeriy comer of that proporty descri~ed in Book 264 01 Deeds at
Pag es 240 to 242:
Thence coincident with the northwesterly line Ihereof N 70' 47' all" E, 25.62 feel:
Thence leaving said northwesterly line S 52' 27' 08" E, 160.40 feel:
Thence S 51· 45' 00" E, 819.61 feet to a point in the cenlerline of Embarcadero Road
being also the southeuterty line of the afc ,ementioned property described in Book 264 of
Deeds at Pag8$ 240 to 242:
Thence coincident with the soutileasterly and southwesterly Ii".s thelaofthe following two
(2) courses;
1. S 70· 47' 00' W, 27.95 fee~
2. N 51· 45' 00' W, 978.75 feet to the Point of Beginning.
Containing an area of 0.5:26 ecre or 22,908.1 square feet, more or less.
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PLAT TO ACCOMPANY
LEGAL DESCRIPTION
BIKE TRAIL EASEMENT
EXHIBIT A ~ NO. 22J4-00-JO
J\eQor\1.ed at no charge in Accord.a,nce
with Governaent coda Section 6103
at _ the Z"equeet of, and when recorded
nrt\Irn to,
city ot Palo Alto/Real £otat.
250 Baallton A¥enu.
P.O. 80. 10250
Palo A:to, CA 94303
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ATI'ACHMENT Z
BPACB AlIon !I'IIII LDill POll
aBCOlUlBll' 8 un OllLY
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GRAm' OF EASEMENT
120-32-14
011.
Bike Path
nus GRANT OF EASEMENT is made OI\d tn!en:d into as of _____ • 1994,
by and bel,....., TIfEBOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR
UNIVERSITY, • body having corporate powers under the law, of the State of california
('GRANTOR') and TIrE CITY OF PALO ALTO, a municipal corporation ('GRANTEE.').
WIT N E SSE T H:
For vaJuoble consideration, ItCeipt whereof i. hereby acknowledged, GRANTOR docs
bereby "",I and coovey to GRAN'l1lE, its successon and assigns, a nonexclusive easeT1leIlI and
ritbt-of-WlIY 10 «)<l!trucl, install and main1ain a bicycle palhway for use by the general pIlblic,
IoeeIher with a nonexchuive righl of ingress and egress thereon and the right to pass and repass
awr, alone, 1ttOSJ, and upon lile....."...., {o.tho purposes sel forth herein, in l"'J'CIUlty, in,
awr, IIaO$S, tlong, and upon thaI certain property in the Cir/ of Palo Alto, County of Sanla
Clatl, $We of California, shown on !he map atlaChed hereto and more particularly described
Ju !WIIbit A, ~ hereto and by this reference incorporated herein, subjecllO !he (oDowieg
""Odi!iom'
I) GRANItiE shall CXJR$lIlICt, iruIaIl and maintain the -bicycle poIhway and any
~ at its sole <OSI.
2) PrIor to installation of lIle bicycle pathway, GRANTEE shall obtain GRANTOR'S
",liUen conse.>t to lile design, mau:rials and location !herefor which consent shall nol be
UQI'eaIOIlably withheld. Ptovided further IlIat such ron""'t shall not give 0' be <k:emed
10 &:ivoo 0ltANT0R any liabilityo. responsibility for $lOCh design, malerialJ or loc:atioa.
3) GRANT:EE, its ~sors and assigns, shaU be responsible and pay for: (a) the
~on, drilling, and boring of ""y land, paved areas, and access roads fo., and the
construCtion i' contln ued main tcn.anc.e, inspection, alteration, replacement, relocation, and
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repair of the bicycle pathway plac<d by GRANTEE in the ....ement described herein;
('O) the prompt back filling of any trench made by GRANTEE, restorin. the surface of
the Easement as nearly as possible ttl its pre .... cavation condltlOll: and (o) the foJIl and
complete rtpair in • first class worlcmanlile manl'.tr of, or the reimburtemeat to
0RAN'r0R for, any damage GRANTEli might caUJe 10 the property and 10 any oIhcr
utiliI)' line, tmite, landscaping, paving, fenoos, and oIhcr im~ts !lOW or
, ~ nmning through or in any portion of this easement
.} GRANTEIi, its .. ,= M<! assi&ns, shall irnkmruty, defend and save I\annless
''3V,\'.'TOR and its rcspooti.elr\l$lC>O$, ofli<=, directors, agents, employees, SU<OO$SOIS
....: ll$lJru from .:0<1 tph'$1 any and all loss. damage, lability, expense, .him or
~of wI>~ eharocter, dimot or -...q...,ti.al. arising out of or in any way
_1OCle<l with the oonsuu<ti«o, Inuallation, moo'nJ, UJe or conditioo of the bicycle
pa!hway, inclU<1iJ!g, I>u1 withoutlimitine h,oreby the ,cn=lity of the f~oin" injuries
or death of person. and <Iama,e 10 or 10>-of prope.1y asisirlB oot or !he exercise of
GRANTEE or "'y o(lts ag"'IS, contra(tors, o. emplo)'<>CS or their ,..pc<1ive ~rs
and a.<sign> of any righl !'."",!<d hereooo..,.
~) H I, expressly provid<d thai GRANTOR may r<a>on,bly require GRANTEE 10 moYo
and relocate the easemerll al any time \Jp")n ninety (90) ru.)'s prior wrhteo notice. In s\lch
evenl t GRANTOR shall deJigrnate an alternate f'.ascmen.~ location that wHi provide
reasonably ac1equate[unctionaJ lHilil)' as '..he location de~ribed in FJChibit A. GRANTOR
shall flot unreasonably require GRAmEE 10 remo\'e and relocate the ;easement.
GRANTEE shall ~m ha.o any righl to any particular location or oonfigumon of the
easement The relocation of the easement shall not prevenl GRANTOR from requiring
GRAI'ITEl! to make any M"", mocatioos. Upon r=ipl of such notice, GRANTEE,
at GRAI'ITEl!'S sole 00$\ and expense, shall prompdy relocate the bicycle pa!hway 10
the relocated ~t area .. designaled in wriling by GRANTOR, allw..h work 10 be
perfom:ed ",hj .. t to and in o<xor~ with the lttmS of th is ..,.,,,,,,,,1, GRANTOR
shall DOl be !iallie to GRANTEE or to any other pari)' for any din<:! or -...quential
damages resolting from any intemlpti<ln 0 f services or • result of S\lCh reI.,.,.tloo.
6} The easemenl heaby "",!<d shall cease and ttrmln.ue upon (0) the fail"", of
ORANTES. or its suecessors or assigns, to fulfill any of its responsibilities or
obliplioos as SOl fanh herein within thirty (30) days after receiJ>! .,f wrillen noIke from
GRAlITOR of such failure, or (b) upon IIOflwe of this .. .semen! or any port!oo thereof'
for tho putpo'iO$ set forth herein, In and under the above-described land for a period of
Iw<> (2) consecuti.e y<ar$. Upon tho Ilappefting of any of the above events, all ri&M,
title aoOd inletesl of GRANTEE, its SIlOCt$SOtS M<! assign., In and to this easement shall
terminate and revert 10 GRANTOR, its su=ssors and ... igns,
7) IT GRANTOR deems iln=ssaJY, GRANTEE shall pay GRANTOR'S costs and
cxpcoses for an on-site GRANTOR-<lWgnated arcllaeclogical consultar.t during any
excavatioo undenalcen in ('O!ljunctioo with this easement. When the consultant deem,
it neceswy 10 investigate the possible pteSen~ of, or to proltct, archaeological
artifacts, such .''''....,Iogical consul rani shall have the authority 10 halt tho .. cavati ..
v.'Olk in the area sub]«t to SlJCh investigation. GRANTEE shall comply with the
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consulll!tt's requests "'i&<"ding !he protWion, rmm'll or rd>wiaI of such artifacts or
the =nporary. or pennaroent ceosalioo of .. caYation of eonstn.IOIion of the bic;ytlc
pa!hway. In !he event !hal CCS$3Iion of exc:avation is required, GIlANTE£ WJl _
the aff<eted ponion of !he easement 10 the <OIIdition it was prier 10 the comnlCOCelllCOIl
of the oonstn>:Iion of the bicycle pathway. Any mhaeoIogkal artifacts ~ on
the axmetIt WJl beloug 10 !he GRANTOR.
GRANTOR and its coosultant shall not be liable for any losses, costs, ~,
expenses or liabilities, direct or oomequential, that may result from ceosalion of
~ or consttueIion of the utilities, or other complWlce with the provisions of
this pat1gIllp!I.
8} Upoo tcnnin3Iioo of !his casement for any ..uoo, GRANrnS, (!f its $I.IoXC$$Of1 01
assigm, shall, jf requested in writing by GRANTOR, J"OtIl(JYe all improvements in 01
wider the easement, and diligenUy n:store the land as nearly as possible 10 the oonditiM
prior to construction of Ihe improvements. Upon letTllination of the Ease""",t Qr any
portion thereof, GRANTEE shall make, .. ccuu., aeknowlcdfe, and c!cliva to
GRANTOR ,II right, tiUe, and :nu.rest herein ronveyoo 10 GRANTEE .. 10 !he portion
of the easement so ~minaled.
Ttd, Grant of Etlement evnstillltes the sole agreement and underslanding betv._ !he pani ..
with respoct to the casement and supersede.s aJl prior a,gre.cmenu, ea5emC'ntl and undetstandingl,
whether oml or wrillen, with respecl thereto.
IN WITNESS WHEREOF, the undorsigned have causOO this instrumenl to be .. C>C"~ by Iheir
Ir$pC>CIive officers as of the day and year finl abeve wrinen.
THE BOARD OF TRUSTEES
LELAND STANFORD JUNIOR
UNlVERSITY, GRANTOR
By: _________ _
m: ________________ _
The below·not:<l Certificate of A~tanoe relates to that certain easement,
dated between Ihe BOARD OF TRUSTEES OF THE LEi..AJIo'D
STANFORD JUNJOR UNlVERSITY, as GRANTOR and !he City of Pal. A11o, as GRM./TEE.,
oooceminl: the City'. bike path and the nonexclusive ...."...,t and !he RighI of Way rdattd
therdo.
This is to certify that tlte interest in real property oonveyed by the within deed or grant to !he
Cio/ of Palo Alto, a municipal CO!pOllltion, is herd>y aooep<ed by the underngnC<l offioet CC
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,.eat"" behalf Ot'llIe Council of the City of Palo Alto, pursuant to au thority confemd by
rcsoIulIon of the said:.CoLlll"'! adopttd on March IS, 1971, and the City of Palo Alto oonsonts
10 nccrdaIionthereof\.'·',its duly authorized officer.
CITY OF PALO ALTO, GRANTEE
. CITY MANAGER
APPROVALS
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
SR. ASSISTANT CITY "'!TORNEY CITY TRAFFIC ENGJNEER
APPROVED AS TO DESCRIPTION: APPROVED AS TO CONTENT:
SURVEYOR MANAGER, REM. PROPERTY
•
ci~y ot Palo Alto/R .. l
alo Baa!ltoD AveDue
PO IIoX lOUD
Palo Uto, CA tt303
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ATIACHMENT 3
A.P. KO.I 12.-21-01
PUQel Nt). I he;
~roj.ctl eike Path
_____ 10 a 11 III 'l' 0 P B A 8 B X II III'rI _____ _
FOR A VALUABLE CONSIDERATION, receipt of which i. hereby
acknowledged, PALO ALTO UNIFIED SCHOOL DISTRIC'I', A Pol! tical
SUbdivision of the state of California (GRANTOR) does hereby
qrant to the CITY OF PALO ALTO, a municipal corporation (GRANTEE)
a nonexolusive easement and rlqht of way to construct, install
and maintain a bieycle pathway for us. by the general public,
tOiether with the riqht of ingress ~nd egress thereon and the
riqht to pass and repass over, alon91 across, and upun the
ea ... ent tor the purposes set forth herein, in perpetuity, in,
over, acrose, alon9, and upon that certain property in the City
of Palo Alto, County of Santa Clara, State ot california, as to
that portion shown on the map attachad hereto and more
particululy described in Exhibit A and B, attached hereto and by
this reference incorporated harein, 8ubject to the followinq
cornU tion.,
1) GRANTEE shall construct, install and maintain the bicyclo
pathway and any appurtenanceses at its sole cost.
'1 GRANTEE expressly 5.q:-ees to indemnity, defend, Cind hold
haraleas, GRANTOR, its officers, agents and employaas trom
all liabilities, claims or demands on aocount ot or arising
out of any injury or lO$a8s resultinq fro. ~EE'S exercise
ot rights granted herein.
3) RE~ERVIHG to GRANTOR s~ch rights as will not interfere
with or prohibit the cont .... pl.ted use by GRANTEE, its
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3) kESERVING to GRANTOR ouch rights as will not interfere
vitb or pr~~ibit the conteaplated use by GRANTEE, its
~eee.~r. and a •• igna, or the riqhts and easement herein
~~, provided ~R aay not ploco or permit any
buildfn9 or atructuro on the euement or otherwise interfere
vitb the tull enjo)'1lent· by GRANTEIl of the e.s .... 811t hereby
qranted.
4) GRANTEE Aoknoyledqes that the easement has a val~e not
d.~ined at t1ae of conveyance.
GRANTEE .lso aceept. this easement subject to rights
preV~oualy qranted to the Joint Powers Board as successor in
int.e.reat to SQuthern pacifio Railroftd company under an agreement
be~ and a.onq the Board of Trustees ot Leland Stanford Junior
Onlveraity, Palo Alto unified school District, and Southern
Paoific Ral1roa~ Co~p~ny, dated December 18, 1922, recorded March
10, 192) in Official RE!:Cords Book .12 Page 82, and under an
unreborded eqre.el!lant l dated lloV'. 5, 1937 batween and am,ong ths
~4~ parties. The docu~ents permitted the construction of a
railroad pl.lltforQ and inqresD and agt"ess riqhts for railroad
p.8:sser-.ger9.
IN WITNESS WHEREOF, the undersigned have caused t.his
inst~UAant to be executed by their respective officers as of the
day And ye~r first above written.
CI'!'Y 01' PALO ALTO, QAANTE£
MAYOR
CITY lWIAGllR
A'I'I'ES'l'l
CITY CLl!JU(
APPRGVED AS TO FORM:
SR. ASSISTANT CITY ATTORNEY
PALO ALTO IJlIIFIED SCHOOL
DISTRICT, GAAN'l'OR
PRESIDENT OF THE BOARD
OF EDUCATION
APPROVED:
SUPERINTENDENT OF SCHOOLS
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'l'I!B BOAAD OF TRUSTEES OF TH! LELAN1> STAJIFORD JUNIOR UNIVERSITY .s
to their reversionary ri9hts in that certAin Deed dated February
24, 1956.
APPROV.!D AS TO FOIUI: 'l'I!B 80AAD OF 'l'ROSTXES OF
TH£ LELAIID ST AllFORD
Jl1NIOR UNIVERSITY
PRESIDE:.'T
SECRETARY
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HMH, Incorporated
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LEGAl DESCRIPTION
BIKE TRAJL EASEMENT
PORTION OF 12-0R-82
EXHIBITS A & B
Parcels 1 & 2
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June 15, 1994
Job No. 2234-00·30
Sheet 1 of 2 Sheels
All thai certain re21 property sr.uate in the City of PaloMo, County of Santa Clara, Stale
of Califomla, being also a portion of \hat real property shown on Ihal map entitled
'Survey for Palo Ann Unified School District" prepared by Mark Thomas & Co., daled
OcIober 1965, on file in the Office of Public Works and Engineering 01 the City of Palo
Mo described as follows: .
PARCEL 1
NI that certain real property o'~scribed in Book 1281 Pages 82 & 83, ONklal Records of
sa id County;
Excepting tlwefrori1 all thai certain reel property de.ctibed as beginning al a point on
tIKI soLl!hwes!erty line of \he aforementioned real property described in Book 12 at Pages
82 & 83 from Which the mosl$outherfy comer thereof be. IS along sa id • outhwestarly )jna
S 51' 45' 00' E, 590.15 feel;
Thence from said point of beginning and coincidenl with sa id SOIJIhwesterfy ~ne N 51'
45' 00" W, 591.03 feet;
Thence leaving said ~rty line perpendicular therefrom N 38' 15' 00' E, 3.00
fee~
Thence S 51' 45' 00" E. 20.50 feet;
Thence S 52' 54' ()1" E, 249.12 feet;
Thence S 53' 13' 40' E, 58.80 fee!;
Thence S 51' 45' 00" E, 62.73 '"';
Thence S 49' 01' 31' E. 200.18 feet to the Point of Beginning.
Said Parcell containing an .rea of 0.827 acr. C>I 36,009.6 square feel more or less.
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June 15, 1994'
Job No. 2234-00-30
Sheet 2 of 2 Sheets
A attIp of land the uniform width of thirty-three (33.00) fee~ measured al right angles
Iyfng northwesterly of and contigllOU$ to !he following descnbed line;
BegInnIng a1 the most southerly comer of !he atorert!entioned property descrlbed in Book
12 a1 Pages 82 & 83 being also a poin! In the southeasterty line of the property shown
on the etoret..entioned map entitled "Survey for Palo Alto Unified S¢hool DI$!ticI' being
along the northwesterty line of Churchill Avenue, thence from said pOint of beginning
coincident with !he northwesterly line of Churchill Avanue S 36· 16' 10' W, 344.95 feet
to !he Polm of Termination.
Containing an area 0(0.261 acre or 11,383.4 square feel more or less.
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LEGAL DESCRIPTION
BIKE TRAIL EASEMENT
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ACCOMPANY
LEGAL. DESCRIPTION
BIKE TRAIL EASEMENT
eltr of palo Alto/a .. l
250 B&ailtoa AV"~.
~ .. 10250
,.10 Alto, ca '~303
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ATIACHMENT 4
A.P. Mo.' 124-11-01
Parcel NO.1 Oll.e
Projeot, Bilte Path
______ 10 R A .!' 0'7 :a ... S B .... ~:_ ..... ___ _
FOR A VALUABLE CONSIDERATION, receipt of ~hich is hereby
acknowledged, PALO ALTO UNIFIED SCHOOL DISTRICT, a political
subdivtsion of the State of California (GRANTOR) and THE BOARD OF
TRUSTEES OY THE LELAND STANFORD JUNIOR UHIVERSITV, a body having
corporate powers under the laws ot the Stat. Qf California 8S to
its r.verBi~nary rights, dQ hereby grant to the CITY OF PALO
ALTO, a municipal corporation rCRANTEE) a nonexclusive easement
and riqht of yay to construct, inst~ll and aa1ntain a bicycle
pathway for use by the general public, togett,er with the right of
ingress and egress thereon and the ri9ht to pass and repa •• oYer,
alnng, across, and upon the easeaent tor the purposes set forth
herein, in pe~tuity, in, over, across, alonq, and ~pon that
certain property in the city of Palo Alto, county of Santa Clara,
state ot california, as to tnat portion shown on the map attached
~ereto and 80re particularly described in Exhibit A, attached
bereto and by this reference incorporated herein, slll>ject to the
follOWing conditions:
1) GRANTEE shall construct, install and maintain the bicycle
pathway and any appurtenanceses at its sole cost.
2) GRANTEE expressly agrees to indemnify, defend, and hold
harmless, GRANTOR, its officers, agents and .mployeea Zroa
all liabilities, claims or demands on acc~unt of o~ arising
out of any injury or l05ses resulting fr~a GRANTEE'S exercls$
of rights granted herein.
1
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successors and ~s9i9ns, or the riqhts and $asement herein
9Tanted, provided GRANTOR sholl not place or permit to be
placed thereon, any building or structure on the easement or
otherwise interfere with the full enjoyment by GRANTEE of the
aa.ament hereby granted.
4) In the event G~ORIS property is nO longer used for
School District purposes, GRANTOR and its sUccessors and
assiqns reserve the riqht to ter.minate this eaaBment at any
time after three hundred and sixty (360) days ~7itten notice
to GRANTEE.
5) GRANTEE acxnowl.4qes that easeMent has A value not
determined at time of conveyance.
IN WITNESS WHEREOF, the undersigned have caused this instrument
to be executed by their respective officers as of the day And
year first above written.
CITY OF PALO ALTO, GRANTEE
MAYOR
APPROVED:
CITY MANAGER
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
SR. ASSISTANT CITY ATTORNEY
PALO ALTO UNIFIED SCHOOL
DISTRICT, GlWlTOR
PRESIDENT OF THE BOARD
OF EOUCATIOn
APPROVED:
SUPERINTENDENT or SCHOOLS
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HMH, Incorporated
CMI E~frlHrs • ~nnef$. • SUIII'C!)'ors
LEGAL DESCRIPTION
BIKE TRAil EASEMENT
PORTION OF 12-0R-82
EXHIBITS A & B
Parcels I & 2
JII'IIS T.Htrpfl
WiW"m J. W'iM1. R.C,E
June 15, 1994
. Job No. 2234-01).30
Sheel 1 of 2 Sheets
All that certain real property slluate in the City of Palo Alto, County of Santa Clara, Slate
of Carlfomia, being also a portion 01 Ihat real property shown on thai map entitled
'SulVey lor Paio AHo Unified School District" prepared by Mark Thomas & Co., dated
October 1965, on file in the Office of Public Works and Engineering of the City of Palo
A~" described as fo!lows:
PARCEL 1
All that certain real property described in Book 12 at PagB. a2 & 83, Official Records 01
said County;
Excepting therefrom all thai certain real property described as beginning al a point on
the soutftwesterly line 01 th e a loremenlioned real property described in Book 12 at Pag es
62 & 83 from which the mO$t soulherly comerlner.olbelro along said southwesterly line
S 51' 45' 00' E, 590.15 feel;
Thence from said poinl of beginning and coincident with oa,d $Oulhwesterly line N 51'
45' OO"W, 591.03 leet;
Thence leaving said southwesterly line perpendicular lherefrom N 38' 15' 00" E, 3.00
f\let;
Thence S 51' 45' 00" E,20.5C feel;
Thence S 52"$4' 01" E, 249.12 feet;
Thence S 53' 13' 40" E, 58.80 leet;
Thence S 51' 45' 00" E, 62.73 leet;
Thence S 49' 01' 31" E, 200.18 leell0 the Poinl of Beginning.
Said. Parcell containing an area of 0.827 acre or 36,009.6 squore f~t more or leos.
:
PARCEL 2
,,'
June 15, 1994
Job No. 2234·()o'30
S heel 2 of 2 Sheets
A strlp of land the unnorm width of thirty·three (33.00) feel, measured at right angles
lying ~ of and contiguous to the followiog desClibed line;
Beglnnfng at the most so\Jlherly comer of the aforementioned property described in Book
12 at Pages 82 & 83 being elso 8 poinl in the southeasterty lin. of the property shown
on the aforementioned map entitled 'Survey for Palo Allo Unified School District" being
. a!ong th<t northwesterty line of Churchill Avenue, thence from said poinl of beginnin9
coincident with the northwesterly line o(Churchili Avenue S 38" 16' 10" W, 344.95 feel
to the Polnl of Tennination.
Containing an area of 0.251 acre or 11,363.4 square feel mote or less.
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BIKE TRAil EASEMENT
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ATfACHMENT 5
Environmental DoeUments • City of Palo Alto
eNVIRONMENTAL A§SESSMEtf·
Projec:t Descrip~on,IT1tle: Embarc.dero Road PedestriariiJ,.cyole Bridge
and Bicycle P.tb Extension Project
~Add~: West side of ehe Colerain/IPS Railroad t~.ck.
between southerly end of the JPB Parking Lot and Churchill Av.n~e
Spa 0SUi h '1/ Agenc:yIAppQcant _,;;,C;.i t:.,Y:...,::o.:.f...:P:.,:.:;l,;;,c,..,;A,;;I:;t,;;,o ________ _
Address and TolephonecfAppUcanl: 250 Hamileon Avenue, Palo Alto, CA 94301
C<!oDtnICtia! of
AppUcationfor. Embarcadero Road Pedestrian/Bicycle Bridge and Bicycle
Path Exunsi.;n--(e.g. zoning cI1an~e, subdivision of property, arcMectural
review, IJSS permit)
Zoning at proj ect Loca~on: r F Foo Receipt No,: _.;..N ... /,;.'.A __
NOTICE OF DmSM1NA]QN
Based upon review of the project files, the undersigned mem ber of tho Planning
Department has concluded:
~ :-.Iegalivo OeeJara~an: The project has no significant environmental impact No
Environmental Impact Report is required. The rusons for a Negative OecIaratIon
are:
Stated in the "ttached initilll study, "hieh eo:>"lu4 ...
that there &1'0 no siqnitic:ant eJlvironJDAntal impacts,
Tbi. documont is available for revi." at the Palo Alto
TranJlportation Division, 6th Floor, Cit.y Hall, 25Q
Baa11ton Avenue, 8 a.m~ -12 noon and 1 p .•. -5 p.m.,
Monday -Friday,
C The project may have a significanl enIIircnmental impact. An EnIIironmentel
Impact Report will b. prepared.
Planning Department Official: _~.4 .... \;",-"A;;..1""<,,, ::;.c~;;..;;.A-J.;..;;..'-'V.;.." ________ _
Planning Director. K.:~ sct,J.... Dale: 6f1o/Y
The project has boen approved.
Th. project has been denied.
.~.
Dale:
Oat.: ______ _
Fil. No.: (r-!-(l}?6 -'1'
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EHVIRIltt£IITAI. OOClf1OCS -PAlO AlTO
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II.
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IV.
INITIAL STIJOI'" -
Project Tltle/Address: Embarcadero Road Pedestrian/Sic cle Brid"e
«DO eve ch at 1 ten.~on) rrom ar ins Lot
Pro.lect DescrlDtion: to c Ul'C . .1 Avenue
A Clap. I bicISle path will be b~ilt along the west .ide of the
Cdtnin trackS from Churchill-Avenue to the .o~tb~ end of the
Joliir; Powers Board parking Loe. fiicludlng i·new,Ee eser-iixi/b1.cycle
. briefge. aC""2s. EiIb,u::c;ade'Co 1lO.d 4d18c.ent to the -ealt1"arn~~.acks s'
Envi l'Q'Il1e!1ta I Settll19; Urbap arel!. C2!!!!!!!!te! railroad line. Town
& C9U9rrv Shoppipg Center. Palo AiiQ:Sigh School. Caltrain
Station
Environmental Impact Ch!C~list (Explanation of all ·yes· a~rs are in
Sectioo V)'
1. UOll. Will the proposal result in: ill MAYBE 00
a. Unstable earth conditions or changes
In geologic substructures?
X
b. Disruptions. displacements. como.c-
tioll or ovcrcoverin~ of the s011 x
c. ' Change in to)109raphy or qrOOl1d
surface relief features? X
d, The destruction, covering or modi-
flcati~" of any unique geologiC or X Physical features?
e. My Increase in wind or water erosion
of 5011s. either on or off the Site? X
f. Exposure of peep I e or property to
1eol~lC hazards such as earthquakes.
ands ides. auaslldes. qround fallure
or 5ill11ar hazards? . -'L
9· ChaI1ljeS ln' siltation. deposition, or
erosion will ch may rodi fy the rhame I
of a river or the bed of a bay or X inlet?
Adapted from ~lX I. caHfomla GlJidellnes for I~lcmentation of
CEllA: Oecenblr 4. 1976.
-Updated Hay 1982, June 1983
94,EIA·16
1
(') (1 '-, :,/
2. 61c. lin 1 the propos~ I resuH .in: Xli /:16m !:IQ
a. ~rlt1al air ellisslons ~r de-x terloratlon of ao()fent air quality?
b. The creatioo of objectionable odOrs? X
c. Alteration of air lDVeIent. moisture
telll>el"ture. 01" an{ d1a119f I ~ ell-
IIiIte. either local yor I'fgional? lC
3. l/mt. 11111 the proposa I r'e$U I tin:
i. Chaoges In absorption rates. drainage
patterns. or the rate and a>ICIJI1t of li: surface ..ater nA'l()ff?
b. Alterations to till! course or flow of lC flOOd waters?
c. Olsd1af"ge into surface waters. or in
any alteration of surface water
quality. including ~Jt not llrnjt~ to
terperature. dIssolved oxygen or
X turoidity?
d. Alteration of the direction or rate
of flcrw of grour,d "aters? X
e. E:qlos lJ1"e of peop I e or property to
~ter related hazards such as flOOd-
X log or tid.1 wave?
f. Change In tile quantity of ground
waters. either thl"OU9h di rect
additions or Ioflthdraw.lls. or through
ItTteraIltlons of an aQUi fer by cuts X or v;avatlons?
4. Plant L1k· Will the propo$al result in:
a. Ch4nge in the diversity of species. or
fUIOer of any Species of plants (in-
Chldl~ trees. shrubs. grass. crops.
X .iere or. and aquatic plants)?
b. Reducti on of the nLillbers of any
LrIiq..e. rare or en<WIgered species x of plilltS?·
c. Introda;tion of new species of
P:1E1A U$'1"E\O'L 94-ElA-16
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ill !!mE !Ill
plal1t$ Into an area. or In a barrier
to tre IlOI'IIill ~lenis~ of
ex1stfrl9 species. X
d. Reduct 1 on In acre.1ge of any
agricultural crop? X
5. AOi!!lil1 L!t~. 11111 the proposal result In:
a. ChaIJ}e In tre dherslty of species.
or nuober of any S~ies of anioels
(blnls. land ani.oe s Incll><llll9
reptiles. fish and shellfish. benthic X orqani.~II$. 1 ,<sects or mlcrofaUM l?
b. Reduction of tile rnm'lers of any
uniq\>e. rare or endallgered species X of anlrzals?
c. lntrodlJCtlon of "e.< species of
I dnimals into an ~r~a. or result ~n
a bafrler to the mioration or rove· :t 'I i~nt 01 animals? -
d. Deterioration in existing fish or X wildlife habitat?
6. !iQ1a. \/111 the proprual result In:
a. increases in existing noise levels? X
b. E>cposure of people to severe noise x le'els?
7. light and GI,... Will tile proposal x prOOuce new Iglrt 9larel
S. Land Use. Will the propGSal result In
a substantial alteration 01 the present X or p laMed land use of an a rea?
9. E~l:2~1 ~~ tJ.ICi ~ Bi::t£l!rc~. Will the
prOlXlsa resu t 1n:
a. Use of substantial amounts of fuel X or enel'9)':
b. Substantial If''f~~se in demand upal
existing sources of energy. or
P::\IlA\l3"t"E)Q'L 94-EIA·16
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10.
11.
12.
13,
requi rt! the deve 10\ll!l!!tt of new
sources or ene rgy?
!I
c, Increase in the rate of use of any
'M tUN I re.>oo rces?
d. Substantial dealetioo of anynonre-
neliab I e natura 1 resClllrce?
Risk of \!pset. Does the proposal
involve a risk of an ~losion or the
re 1 eas e of haza n!ous substances (i n
c1udi"". but not li!ll1ted to. all.
pesticides. chi.'lllicals or radiatioo) in
the, event of an accident or upset?
Em!lJIt j on I HOllsi no ,
a, Will the proposal alter the location,
distribution. density. or growth rate
ot the human population of an area?
b. Will the proposal effec-t existing
~.ousi 119. or create a demand for
additional t~ingl
TranSQQytati~,clrcvlat!pn, Will the
proposa resu t ,n,
a. Generation of substantial additional
vehicular movement?
b, Effects on exist!"" parting faei1!·
ties, or demand for _ parting?
c. Alteration.; to present patterns of
circulation or IIIOVesoont of people
and/or gOOds?
d. Incre~se 1n traffic hazards to lOtar
vehicles. bicyclists or pedestrians?
x
PublW Services. Will the proposal have
an e oct upon. or result in a need for new
or alt~red governmental services In any of
the fo 11 ow! "" areas,
a. Fire protection?
J: '
•• _ JIo......
x
x
.!...
11
1.
x
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b. Police protection? .JL
c. SctIools? X
d. Parks or other recreational
facilities? L
e. Maintenance of public facilities.
lnclOOil19 roads? L-
f, Other governmental services? X
14. utlli}"!S. Will thP. proposal result in a
need or new systems. or substantial
alterations to the follOOI19 vtllities:
a. Power or natural gas? l( ,-
b. Carmun i cat Ions systems? l{
c. Water? K
d. S"""r or septic tan~' X
e. Storm watel" (frainaga"? X
f, Solid waste and disposal? L,
15. ffuman H~~ lt~, Will the proposal result
in:
a. Creation of any health hazard or
potentl"' health hazard (exclucfir'1Q
x menta -, hea "Iih I?
II b<pos,,:re of peep 1. to 9"t~i;!a I
, he~ lth hazards? x
16, Aesthet i eli . W111 the proposa I resu I t
in the obstruction 01 any scenic vista
or view open to t~.e pub Ii c. or wi 11 the
proposal result in the creation of an
aesthetically offensive Site open to X public view?
17. BecreatiQD. Will the pro~al result
. in an lqlact upon the qua ity or quantity
of existing recreational Opportuniti<lS? 2..
.'
11
18. Cultural Resources.
19.
P';\&A~
a. W1l1 the proposal result In the
alteration of/or the destruction
of a prehistor'c or MstoMc
archaeologlc:a I site?
b. ~Ill the proposal result in ,d
verse physical or aesthetiC effects
to a preh I swi c or hi star I c
bui ldlng. structure: or object?
c. Does tile proposa I ha ,e tile potent! a I
to cause a physical change ,,"len
would affect unique cultural values?
d. Will the pr"QpOsal r~strlct eXisting
religious or sacred uses within the
potent I a I i~act areal
M~aQjtQr~ F1ng1no~ at ~fgCifi~~Dt:.
•• Does the project haye the pot~ntial to
dl!9rade tM Qual ity of the enYironment.
suostantiallf reduce the habitat of a
fish or wild ife species. cause a fish
or wildlife population to drop below
self-sustaining levels. threaten to
elim1nate a plant or animal Cca1ll!1ity.
reduce the I1Inber or rest ri ct the
range of a rare or endan'lered plant or
anilllil or elllllinate i~rtant exaqrJes
of the IIIiljor peri ods of Ca J1fomi a
hi story or prehl story?
b. Does tile proloect have the potential
to achieve s rt-term. to the dis-
aavlntage 01 long-term. envinnaental
goals? (A short-term iqlact on tile
envl rtrIEnt is one ,,"ICh oc:curs I n a
relatlvely·~rlef. ~f1nltive period
of time w!llle long-term iqlacts wi 11
endure well into tile future.!
c. Does the project haye iqlacts ,,"Ich
ar'e IOOl,lOulilly limited. but
cumulatlvel~ considerable? (A pro-
ject may I~ct on two or more
separate resources \OIlere the ilqlact
x
x
x .
x
x
x
94-EIA·16
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QIl eW1 ~ 1$ rehtlYely
SIe 1I. Out lOIltre the effect of tile
~ 1 of tho$e I~ on the
envl.,....,t Is sigolfit.ll1t.)
d. Does the project have 1!IT\'1~1
effecu ..nIdi lf111 ause s~ial
~e effecu on II.a!1 I>elf19$.
~thtr directly or Indirectly?
·V. Explanation of 'yes' answers in _l~al checl:list.
S,ee attached.
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ATTACHMENT TO
ENVIRONMENT At ASSESSMENT
\
RE: EMBARCADERO ~OAD PWESTRIAN/I!ICYCl£ BRIDGE AND BICYCLE PATH
EXTENSION PROJECT
pumgg of the Fmfm;t
The pu~ of this projed is to ronSIJU<1al>ik. path .Iona: the wen side ohl1e JP8lCaitrain
railroad tTacks from Churcnili/wenue to the southerly end of jPB PMking Lot. This faclliry
is identified as a proposedbikl!WOY in the adoPled Palo 1.110 Bikeways Master Plan.
The project involves cOrlstrvction of an extension or the-unsJgned bike route which oCUf1-!f'rtly
exi~ running: north/south in the area west oflhe Co!lrainl)PS rracks, , and east or tl Camino
Real. The existtng bike route alig.nment folio....,. ~(>gments of \Vilkre \Yay, Park Boulevard,
Southgate neighborhood streets and EI Camino P.rk bike palh. This roule is w.I' used by
commuter C')'cJistsl students and otho!rs, as ara .ailemative to Alma Street or EI Camino Real.
At the present time, there is. .an existing gap in this roule bet'N.een Churchifl and the
roulneoy end of jPB Pa,king LOI, aoj.cMIIO fa'o 1.110 Hig" School, Town and Counlry
Shopping Center, the Urban Lane .• rea and the Holiday Inn.
The proposed project will complete this saP .tld provide, continuous bike route from the
south Ciry limi!> with Mountain View 10 the nonn Ciry limits with Menlo Parieln SO doing,
it will seIVe and facilitale bike travel,., Ih. dow.:own and California A'ienue 8u,in.s>
Districts, the two Palo Alto Caltrain stalions, Ihe Palo ,~lto TraMit Cenl.r and Stanford
University, as well as Palo Alto High School,·r""." and Countty Shopping Cenl~, the
Urban Lane area and EI Cam ino Pa rk. .
The projed incJ tides the cOnSUUction of • grade sepa~ pede$trfan and bicycle bridg.
over Embarcadero Road ,adjacent to the existing raj, noad bridseJ. The bridge I}-pe selected
is a trapezoidal box girder with welded bar open collinI!' complying with the 1991 UBC.
A rix·fool welded bar access control fence is .Iso proposed alone the bike path from tho jPB
Parleing lolconneaing to the existing clWn link ren", .t Palo A/to High School.
gp'anatlon of Cbe&k I itt ltem5
In the following paragraphs, all ~ems marleed "maybe" and ~" as well as son,. marlced
"no" ate-excJained:
It.m 1. Earth, All items were checked "no', excopt Ilem 1f" 8S ther. will be no
subSUlntial changes r.lated to earth, The bridge will be supponed bV concrete
footings located at the edge of the existing Embarcadero Road embankments. Ramps
will be construcned on both sides of
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0). (71
Eml>ercadoro Road V-OWch will require only minor ch.ng ........ o existing grados. Thes.
Improvements will not have a significant impact on aree soils.
TIle site ill located in a mod~rat. uismic ris\< area, subjeC1 to very strong ground
shaldng in the ev.nt of an e.rthquake. The' bridge will be construct8C to thi> lat.st
Building and Seismic Code requirements that will minimize impacts from possible e.rth
movement.
I!em 3. Water. The pam will add • minimal I""",nl of addition.luphalt However, the
;>ath route i.s .Iready primarily hardscape and primarily impervious. ACXOldinSly, impoct to
.!he area dralnl8e will n 01 be siSO ificant
II!!!!! 4i PliO! Species' The ,Ite presently has various species of shrubs and !TeeS 5Udl ..
london piane, Southern masnolia, California pap""" Victorian box, Glossy privet, Coast live
oak, Coast redwood, Aleppo pine, Catalina cherry, California SYC<lmore, e1C. (For detaill
refer to the attached Tree Survey Field Inventory.) The prollOsed project will requi,e
remavar of the following trees:
2 Victorian box {3" dia,), dead or poor condition
6 Aleppo pine (10"-20" dia.)
I (" .. talio. Cherry IS" dia.)
1 london plane 112" di •. )
2 Coast redwood /6" & 9" dia.1
1 Coast live oak (12' dia.)
1 Tree-of-heaven W dia.)
While the loss of these trees is not a significant impact. an appropriafe mitigation measure
would b<! to plant new It"", to replace the tre .. that wi!! be 1051. Staff has di>cussed thi,
issue with the City ArboriS! and he has identified three sites in the vicinity 01 the proposed
pr"iect that would benefit from mo'e trees as lollows:
1. The landscaped bank between Ernbaradero Road and the To_ and Country
Parking lo~ jUi! west of the 0""","", which is missing some native oaks in
the ivy bed.
2. A row of tree wells can be installed and planted at the north edge of !he
Embarcadero right-<>f-way, above the area in item 1. The trees would line the
walkway f.o<" the railroad sate to-Nard 1:1 Comino Real.
3. The City h .. ju51 finished planting a new tree canopy on the north side or
Embarcadero Road adjacent to Town and Country. There is .Iso space for a
few more trees aerO$5 the street from thane.
It""' 7 lig!Jt and Glare, This item was checked 'no" as there will not be a substantial
change in the lighting in the area. Electroliers are present in the Town and Country
Shopping Center Parking lot and around existing businesses adjacent to the railroad ,ight-<>I.
way. Additional low level lighting will be required along the length of the new bike path,
",
;.
parallel 10 tIwl JPB Irades, lIlis addilional lighting is being designed to minimize new glare
10 IIdjacent uses. There are no resJdenHal uses directly adjacenl 10 the path.
II!!m 11 f>gptJlatipnlHp\J!jnr. Currently, lIlere are a slgnlficanl number o( transients living
on the east side o( tIwl railroad tracks. The propoled slx-f001 welded bar a«ess control
fence between Ih. paIh and railroad would conceivably reduce the number of transients
IMnS In the area as it will be more difricull to reach.
II!!m 12 I@nmprllljgn/Cj!'l3llatjon. The proposed palh and bridge should substantially
Incre;ue, blcycle and pedestrJan trips in thi. corridor because the path will <:omplete !he gap
In the IIlCtsting bike ro<M. Currently some users transit this gap by u.inS the railroad righl
oM.r"y and bridge. EI Camino Real, or parking lots of Ihe high JChooI, shopping center, and
other private businesses, induding crossing Embarcadero Road at grade. There will be •
definite hazatd redOCliOl1 for these users by providing Ihem with an allemalive 10 Ihe aIxr~e .
areas.
The propo<ed bike path passes through a dill storage area o( Ih. Palo Alto Unified School
District where a small number o( current employees park. Howeve" PAUSD intends to
51u!!)' seal and stripe an "nuled parking area to accommodate these employees.
The project includ", a new pedestrialVbicyde ent!)Way to Ihe Palo Alto High School
campus from the bike path at the south end o( lhe bridge across Embarcadero Road. Thi.
would provide a direct benefll to the school commuters who currently bike or walk to
school as well as encourage others who presently drive 10 school 10 change their mode of
travel 10 biking and walking.
During the erection of the bridge ginders, traffic on the eastbound rail line will need to be
shut down. In addition, Embarcadero Road will need to be dosed in both directions in the
onea of constnJction. These dosures will take place alter midnighl, early on Sunday
mornings for as many as two Sundays (probably consecutive). Temporary deteurs (or
Embarcadero Road will be signed on adjacent streets.
Hem 13 Publjc Services, Due to the expected increased diversion and attraction of person.
to the new paIh and bridge, there would be occasional additional cal,. for police and fire
services (as first nesponse to medical emeraencies), but the change in number of 0Yefa1i calls
is expected to be minimal.
The new focililywlll add incrementally, bUI not .ubstantially, to Ihe maintenance workload,
of the City of Palo AIIO.
The project provides a direct benefit 10 Palo Alto High School since a new
pedestrianlbicycle enlryway to the campus is proposed. Ih i s path and acees. would provide
additional safely for students who currently cross Embarcadero Road adjacent to Town and
Country Shopping C."ter d,iveway creating conflicts wilh vehicles enlering and leaving the
sh opping center.
. .
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Item It! .. lIlHjt!,. U~d fiber op~cs communications facililies are present in the
rajlad riJht4-way, either adjacenl to or under· the proposed path. The new path will not
distufb ~ t.odllties, but the path will be designed to be usable by maintenance vehicles
lot Ihwe fldl!tie$. There may be ocasJons whe1 the path woo I d have 10 be tOll\j)Orarily
dosed In MedON to _ u-~lities for malnlenan", purposes. Provisions for
,,*,,""""<:e will be Indueled in the easement for use of the railroad righl-of-way.
'11_, PO. _11ary _ and stann sewer lin .. are presenl in the railroad right-of-way just
north g( the proposed bridp sile. k" not anticipalOd that they will be disturbed by the
c:onstruc:!Ion. '
AddItioMl storm draJn faciliti .. Ire anticipated to drain tho pnoposed p~!h. These facilities
will no! be major ~ and wifl have very little e/fect on the system.
Item 16. Acstbetj", The bridge will be locaI!d in an area of existing high visibility 10 Irllffic
CH'I E.mba."Od!fO Road. The bridge is designed 10 be aesthetically pleasing. and review and
~pproval by ARB will ensure an .estheti«lIly pleasing facility.
Hem 17. Regeation. This proje<t will result in.a net gain and benefit for recreacional and
c:cmmute( bicyclists and pedestrians. by complefing a gap in the north/south bike route with
",·,..,ral access points .Iong it 10 EI Camino, Palo Alto High School, Town and Counl')'
Shopping Center, etc. '
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