700 Timberpine Avenue - City of Sunnyvale - State of California

2010-7672 – 0 Timberpine Avenue - Toll Brothers Attachment B
Page 15 of 19
right-of-way. If owner/subdivider feels that all parties are not
necessary to execute the agreement, have that stated on letterhead
from their legal counsel.
The Encroachment Agreement shall include but not be limited to the
following provisions:
a. Identify the areas and items (existing and future) of encroachment
with description and plot map.
b. Identify the party(ies) responsible for on-going maintenance of
those existing and future encroachment items, until they are
removed.
c. Outline the maintenance schedule and requirements.
d. Identify the party(ies) obligated to remove those irrigation pipes.
e. Upon removal of the irrigation pipes, and relinquishment of the
1952 agreement, recorded April 02, 1952 as book 2393, page 469
of official records, the Encroachment Agreement will be terminated.
On the final map, the owner shall make a reference to the subject
Encroachment Agreement.
[COA] [PUBLIC WORKS]
TM-3. MAINTENANCE FOR IRRIGATION PIPES ON PRIVATE PROPERTIES:
There shall be private irrigation water easement identified on the final
map for Lots 1, 26, 27, and 51. On the final map, the owner shall
state the current title owner(s) or developer/subdivider (Toll Brothers)
shall be responsible for on-going maintenance of private irrigation
pipes on private properties, and that the subject easement shall
expire once the private irrigation pipes on private property are either
removed or abandoned to the satisfaction of the property owners at
the time of the removal/abandonment.
TM.4. “LOT A” MAINTENANCE:
The title owner(s) of Lot A or other third party that has been
determined to be acceptable by the City, shall landscaped and
maintain in a neat condition, as shown on the approved plans. Lot A
which includes the well and its associated facilities as well as the
public sidewalk and landscaping within Lot A, until such time the
private well is abandoned/destructed in accordance with condition
TM-5 below, and Lot A is offered to the City and accepted by the City
for public use.
TM.5. “LOT A” OWNERSHIP:
The current title owner(s), or developer/subdivider (Toll Brothers), or
other third party that has been determined to be acceptable by the
City, of Lot A shall own Lot A, which includes the well and its
associated facilities as well as the public sidewalk and landscaping
within Lot A, until such time the private well is
abandoned/destructed in accordance with condition TM-5 below, and