Loading...
Hyde Park Agreement - 1994XHIBIT A AGREEMENT by and between THE CITY OF CAMPBELL and THE SAN JOSE WATER COMPANY for THE ESTABLISHMENT OF HYDE PARK THIS AGREEMENT is entered into this 27th day of May, 1994, by and between the CITY OF CAMPBELL, a municipal corporation, and SAN JOSE WATER COMPANY, a California corporation, ("SJWC"), RECITALS WHEREAS, SJWC is a public utility providing water service to the residents and visitors to the City of Campbell, and WHEREAS, SJWC is the direct successor to the Campbell Water Company, originally founded in the City of Campbell in 1895, owned, operated and improved over many years by the Hyde family, and WHEREAS, SJWC continues to own and operate many of the original facilities of the Campbell Water Company, some of which the City considers to be of historical interest and worthy of preservation, and WHEREAS, SJWC no longer finds it necessary or useful in its operations to maintain the elevated water tower and storage tank located at its First Street properties, and WHEREAS, both the City of Campbell and the San Jose Water Company desire to provide a permanent and appropriate memorial to commemorate the contributions of the Hyde family to the City of Campbell and the water industry, NOW, THEREFORE, to further the objectives and desires expressed above, and in consideration of the covenants and conditions set forth in this Agreement, the City of Campbell and SJWC do hereby agree as follows: 1. SJWC shall transfer and convey to the City of Campbell by Grant Deed two parcels of real property situated in the City of Campbell and fronting on First Street, together with all existing structures and improvements, except as otherwise provided herein. The parcels are known to SJWC as its Lots 272 and 273, Santa Clara County Assessor's Parcel Numbers 412-07-021 and 412-07-020, respectively, and comprise approximately 0.384 acres in total. The legal description of the land and the known encumbrances are listed on Exhibit A. 2. Notwithstanding any obligations imposed on the City of Campbell under paragraph 6 of this agreement, SJWC shall, at its sole cost and expense, perform the following: a). SJWC will remove the existing ground level water storage tank on Lot 273 at its sole cost, along with the related pipes and water mains connected to that tank, to a depth of one foot below current grade; b). SJWC will also remove all existing chain link fencing on the two lots; c). SJWC will also remove, at its own expense, the concrete building on Lot 272. The building will be demolished down to ground level; d). Within 180 days of the approval of this Agreement by the City Council for the City of Campbell, SJWC will also provide certain limited landscaping of both sites in accordance with landscape plans to be provided by the City of Campbell, the nature and scope of which are generally described on Exhibit B to this agreement. 3. SJWC will insure, by way of ALTA Policy of Title Insurance, that Lot 272 and 273 are free and clear of all liens, 2 encumbrances, easements, property interests, or leases if not disclosed in this agreement, or the attachments thereto, or as set forth as an exception to the ALTA policy of title insurance. The City of Campbell may decline to accept the properties if the City of Campbell is not satisfied with the condition of title at the time of delivery of the deed. Any taxes or_assessments shall be prorated and allocated between the parties as of the date of delivery of the deed. 4. SJWC has conducted, at its sole expense, a "Phase One" environmental audit of the site and provide a report of that audit to the City of Campbell. The Phase One environmental audit includes and addresses all that is normal and customary for conducting a Phase One review in Santa Clara County. 5. Upon acceptance of the findings of the Phase One audit, the City of Campbell agrees to accept the transfer of the lands, buildings, fixtures and water tower as mentioned above in an "AS IS" condition. The City of Campbell acknowledges that it has had an opportunity to fully inspect the lands, buildings and the water tower, that it is informed as to their respective conditions and that it is knowledgeable as to the potential costs to clean, paint, repair or restore each of the facilities to current standards. The City of Campbell acknowledges that it is accepting the lands with two abandoned but sealed water wells on the premises, and that it will be responsible for them for the indefinite future. The City of Campbell further acknowledges that the San Jose Water Company is not removing the various piping and valves related to the use of the elevated water tower, nor is it closing or otherwise sealing the sump and vault at the base of the elevated water tower. 6. The City of Campbell agrees to maintain and improve the two Lots as a park for the benefit and enjoyment of the residents and visitors to the City of Campbell, and to name the park "HYDE PARK" in memory of the contributions of the Hyde family to the history and development of the City of Campbell and the local water industry. 7. MISCELLANEOUS PROVISIONS (a) This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the heirs, administrators, executors, and assigns of Grantors and City. (b) This Agreement shall be governed by the laws of the State of California. (c) This Agreement contains the entire agreement of the parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between and among the parties hereto, relating to the subject matter contained in this Agreement, which are not fully expressed herein. This agreement is intended to replace in full that certain agreement between the parties dated November 30, 1993 concerning the terms and conditions of transfer of Lots 272 and 273. (d) In the event that either party is reasonably required to employ an attorney to resolve any dispute arising out of this agreement, the prevailing party shall be entitled to recover all reasonable costs and attorney fees. 8. This Agreement shall be submitted to, and is subject to, the acceptance and approval of the City Council for the City of Campbell. If approved, the City of Campbell shall take possession of Lots 272 and 273 on the 30th day after that approval becomes fully effective. WITNESS THE EXECUTION HEREOF on the day and year last written below. Dated: CITY OF CAMPBELL, a municipal corporation By: Dated: SAN JOSE WATER COMPANY SAN JOSE WATER COMPANY, a California corporation EXHIBIT A LEGAL DESCRIPTION: Ail that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: PARCEL ONE: Lot 8, "Map of Campbell's Southwestern Add'n to the Town of Campbell, Santa Clara Co., Cal.," filed August 28, 1894, Book "H", Maps, Page 85, Santa Clara County Records. EXCEPTING THEREFROM that portion thereof conveyed to California Prune and Apricot Growers Association, by Deed recorded September 30, 1941, Book 1055, Official Records, Page 598, described as follows: Beginning at an iron pipe set at the common corner for Lots 7 and 8 in the Southeast line of said Campbell's Southwestern Addition to the Town of Campbell; thence from said point of beginning S. 89° 56' W. along the dividing line between said Lots 7 and 8, 20.06 feet to an iron pipe; thence S. 0° 06' E. 33.02 feet to an iron pipe set in the Southeast line of said Lot 8; thence N. 31° 11' E. along the Southeast line of said Lot 8, 38.62 feet to the point of beginning. PARCEL TWO: Portion of the North one-half of the Northwest one-quarter of Section 35, Township 7 South Range 1 West, Mount Diablo Base and Meridian, and also being a portion of the parcel of land conveyed to The Campbell Water Company, a corporation, by Deed recorded February 14, 1916, Book 437, Deeds, Page 489, described as follows: Beginning at the intersection of the Easterly line of First Street with the Southerly line of Lot 8 of Campbell's Southwestern Addition to the Town of Campbell the Map of which is of record in Book "H" Maps, Page 85, Santa Clara County Records; thence from said point of beginning S. 0° 13' E. along the Easterly line of First Street, 85 feet, more or less, to the Northwest corner of the parcel of land conveyed to California Prune and Apricot Growers Association, by Deed recorded May 24, 1944, Book 1203, Official Records, page 188; thence N. 89° 47' E. along the Northerly line of said parcel of land conveyed to California Prune and Apricot Growers Association, 10.42 feet to an iron pipe at the Easterly corner thereof in the Northwest line of the 3.82 acre tract of land conveyed to California Prune and Apricot Growers Association, by Deed recorded in Book 997, Official Records, Page 196; thence N. 31° 11' E. along the Northwest line of said 3.82 acre tract of land, 100 feet, more or less, to the Southeast corner of said Lot 8; thence Westerly along the Southerly line of said Lot 8, 63.20 feet to the point of beginning. The foregoing parcels are subject to the following: EXCEPTION NO. 1: SAN JOSE WATER COMPANY, a California corporation, first party, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, second party, the right from time to time to construct, reconstruct, install, inspect, maintain, replace, remove and use facilities of the type hereinafter specified, together with a right of way therefore, within a strip or parcel of land or along a route as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands situate in the City of Campbell, County of Santa Clara, State of California, described as follows: Beginning at the northerly terminus of a course in the general westerly boundary line of PARCEL A as shown upon the Parcel Map filed for record in Book 337 of Maps at page 19, Santa Clara County Records, which course according to the bearings and distances shown upon said Parcel Map has a bearing of S.O° 09' 35" E, and a length of 31.26 feet, and running thence, along said general westerly boundary line, (1) north 89° 56' east, 10.5 feet; thence (2) north 31019.5' west, 221.4 feet; thence (3) north 0° 02.5' east, 33.0 feet; thence (4) north 89° 57' west 126.2 feet, more or less, to a point in the easterly boundary line of the street shown as FIRST STREET upon the Record of Survey Map filed for record in Book 461 of Maps at page 47, Santa Clara County Records; thence along said easterly boundary line of FIRST STREET (5) south 0° 09.5' east 222.2 feet, more or less, to the point of beginning. Said facilities shall consist of such underground conduits, pipes, manholes, service boxes, wires, cables and electrical conductors; aboveground marker posts, risers, and service pedestals; underground and aboveground switches, fuses, terminals, and transformers with associated concrete pads; and fixtures and appurtenances necessary to any and all thereof, as second party deems necessary located within the strip of land described as follows: A strip of land of the uniform width of 20 feet extending easterly from said easterly boundary line of FIRST STREET and lying 10 feet on each side of the line described as follows: Commencing at the found city monument accepted as marking the point of intersection of the center line of the street shown as EVERETT AVENUE upon said Record of Survey Map with the center line of said FIRST STREET and running (a) north 22° 29' east 78.9 feet to a point in said easterly boundary line of FIRST STREET, being the TRUE POINT OF BEGINNING of said line; thence leaving said easterly boundary line (1) south 89° 51' east, 10.0 feet to a point within said lands. EXCEPTION NO. 2: Subject to a reversionary interest set forth in the deed executed by Benjamin Campbell and recorded March 25, 1894 in Book 227 of Deeds, Page 272 generally prohibiting the sale of liquor on the premises EXCEPTION NO. 3: Subject to an easement for public parking in favor of the City of Campbell recorded April 11, 1979 and recorded in Book E409, page 49, both at Official Records, Santa Clara County, California. EXHIBIT B Landscaping: 1. Remove old cypress tree at the south end of the properties; 2. Grade properties; 3. Provide and install irrigation system; 4. Provide and plant sod, trees and shrubs; 5. Provide and install pedestrian concrete walkway~; 6. Provide and install park benches.