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61 Dillon Ave. (77-16) MEMORANDUM To: BUILDING DEPARTMENT From: PUBLIC WORKS DEPARTMENT Su~e~: PUBLIC WORKS DEPARTMENT REQUIREMENTS CITY OF CAMPBELL Date: 3- 7- 78 ---------------------------------------------------------- , The requirements of the Public Works Department have been satisfied for the following development: APPLICANT k' I f? V /j t'ld,' þ/)(J. 'OY BUILDING ADDRESS 61 hit' Ok' COUNTY ASSESSOR'S PARCEL NUMBER 4-' 3 -fj-~ APPROVAL NUMBER P D ì 7 -110 PUBLIC WORKS FILE NUMBER "Dl A 1.( ff» (nPIt,I^JAUY A \J r-: . A DR. A("NA ~ JOSEPH ELLIOTT DIRECTOR OF PUBLIC WORKS By: ly /y'/}L ,ý~ Y oJ fJu Date: 7, -7 -] A ,~., 12007109 -- This doc 'ent n.. not been compared with 'the on~.. ,at SAN! A CLARA COONTY RECORDER NO FEE [jJ f'U'£O f"~ ~ AT R£WU1' or NOTICE OF RELEASE BY CITY OF CAMPBELL \> JUL 20 8 01 AM '93 OFFICAL REê,OHO~, NOTICE IS HEREBY GIVEN concerning the real property 100M'ãt1 i~~toffY of Campbell, Santa Clara County, California, and described specifically as ~~~~~ ~ Lots 29, 30, and 31 in Block 1 as shown on that certain "Map of Rucker's Addition to the City of Campbell" Recorded May 20, 1895 in Book F of Maps at Page 39 Santa Clara County Records. That the undersigned City of Campbell granted conditional approval of certain improvements on the above-described real property on March 27, 1978, pursuant to a Deferred Street Improvement Agreement entered into between the City and the Owner recorded in the official records of the Santa Clara County Recorders' office in Book 0602, Page 668. That Sherrel D. Kirk, et aI., Owner of said real property, executed a petition for the formation of a special assessment district created pursuant to any special assessment act as provided in the Streets and Highways Code of the State of California, and participated and became a part of that special assessment district. That special assessment district No. 30 entitled Dillon-Gilman LID #30 was in fact created and included the real property described above. That as a result of the creation of this special assessment district, Owner will not be responsible for, and is hereby released from, the construction and/or installation of the street improvements delineated in the Deferred Street Improvement Agreement of March 27, 1978, recorded in the Official Records of the Santa Clara County Recorders Office at Book 0602, Page 668. CITY OF CAMPBELL Dated: 7Jt~ / BY:~~ ~~ tAr/I> f)¡Uv~ (Title) DGRELSEFRM(22)(DG DISK) TH[ FOREGCIWJ IN'3TRUMENT IS A TEUE AND COFIRECT COpy OF TliE OillO\NAI. 0/1 FlcE IN THIS CHI::E. AT,EST: AW-IE BYBE[. CITY CLERK, CITY " """"'. ",,>CRN" C(:')l\."} '" tA EO -,\\1~~ Parcel #77 AMERICAN MOTORISTS INSURANCE COMPANY 2900 West Broadway. P. O. Box 41375 . Los Angeles, CA 90041-1091 (213) 257-8291 SUBDIVISION STATUS INQUIRY r , Lou Jones & Associates 2900 W. Broadway Los Angeles, Ca 90041 ENVELOPE ENCLOSED City of Campell Department of Public Works 75 North Central Ave Campbell, CA 95008 EA E ANSWER et al L BOND NUMBER 8SM 173 248 00 TRACT NUMBER Improvement Bond ELOW AND 1. Has this work been fully completed, accepted DYes ~No 2. If accepted, on what date? 3. If not accepted, is work progressing satisfactorily DYes 1&1 No 4. Percentage completed c 0 REMARKS ß~d -/-r; r v-L/Vv1 t?( I V) /l&. If V' TITLE )(;+ ~// & TION FURNISHED BY (signature) DATE BOND DEPARTMENT December 3, 1986 Z-lJ ') l' '; Sue Hernandez 7.0.~ AL BARKíf~ , JANUARY 9, 1986 ðl Subdivision! Contract! Financial Guarantes Bonds CITY OF CAMPBELL DEPARIMENT OF PUBLIC IDRKS 7 5 NORI'H CENTRAL AVENUE CAMPBELL, CALIFORNIA 95008 RE: SUBDIVISION IMPROVEMENT BOND NO. 8SM173 248 $8,000.00 SUBDIVISION IMPROVEMENT BOND TO THE CITY OF CAMPBELL FOR TRACr KNCMN AS "DIN 80" RE: SHERREL D. KIRK ~ PRISCILLA F. KIRK, JIMMY T. & JAQUELYN ro-IDY may be in a position to render prompt and efficient service BOND AGENTS FOR AMERICAN MOTORISTS INSURANCE COMPANY In order that we to all parties interested. it is necessary that we have as much information as possible with regard to this subdivision. We shall. therefore. appreciate it if . ' you will fill in the blanks provided hereunder and return in the enclosed business reply envelope. SURETY BOND DEPARTMENT If improvements are completed. please answer these questions: 1. Date completed 2. Date accepted If improvements are NOT completed, please answer these questions: 1. Percentage of work completed -e-- 2. Probable date of completion 3. Is Progress satisfactory? C!.Þ//J sTY'I-A ./'j+i OV1 BDVLd ~ 1A'-VY1 ¿L,J Y1 I V1 +or~ . d~~. Remarks: SIGNED: DATE: , .é lJ;Be-l{ C, <>.~. '/'~)E¿' 685 CARONDELET STREET. LOS ANGELES. CALIFORNIA 90057. (213) 383-2168 MAILING ADDRESS: P.O. BOX 57903, LOS ANGELES, 'CA 90057-0903' THANK YOU, _"","-o>-~,""-,,,,-'-""""-'U- ,'1 1/ A../~~ /..:.r ,.,-~ REQUEST FOR ÇANCELLATION OF TAXES BY PURLIC AGENCY BECAU5J.J OF ACQUISITION UNDER REVENUE & TAXATION CODE SECTION 49H6 £1' SEQ. Fiacal yeår 1978-1979 ......-- Date or aj)pJi¡:ation 4-14-78 TO: BOARD OF SUPERVISORS of Santa Clara County, State of California AiJP l,{ 1978 , " _.- Gentlemen: PUBLIC WORKS ENGINEERING CITY OF CAMPBELL The undersigned auùlorized agent of the .--..--....--.....--..............................................................,.............................., (public agency) hereby requests that you consent to the cancellation of taxes against the follow:,'g described property, specific cle~cription at- tached, because of acquisition by the said public agency pursuant to Revenue 8: Taxation Code Section 4986 et seq., and hereby declares under penalty of perjury on Ix:half of the said public agency that the infonnation herein is true and correct. Name of Requesting Agency CITY OF CAMPBELL Signature of Authorized Agent Signed at ,; Phyl1isO. Acker, City C1erk Date Acquired:2 8 ~§~~1J~ SeB~8§o./bgf.~& pg. Assessed to Sherre 1 Dwa,ne ëind Pr i sc ill a Kirk an -27-7 Jimmy T. and Jacque yn M. Dowdy How Acquired: Do.l.ro ASSESSMENT NO. (APN) CODE AREA Q.,Y DEED DF,NA... ORDER 413-8-6 . d 0 Refund b)' Court Order. (Please attach order for payment to public agency) 0 , LAND IMP. PERS. PROP. EXEMPT NET TOTAL OTHER SEE ATTACHED D 489 PA~r541 5~,?799 D 4 PAG 541 fiLED FOR R COR~ AT REQUEST OF ~~~ fE6l7 J ssJH'18 . . - CITY OF CAMPBELL TO B! RECORDED WtrHOUT Ita 73 NORTH CENTRAL AV'- SECTION 6103 GOVlRNM!t :)01 CAMPBELL. CALIFORNIA 9t e AT THE REQUEst Of' CITY Of CAMP8ELL GRANT DEED ) Cf! 'GiAL RECOR!:IS SAN'!:, CLARA COUNTY! WE, SHERREL DWAYNE KIRK and PRISCILLA FRANCES GEORGi: A t.I^Nt~-6h~aì KIRK, husband and wife, as joint tenants as to REGISTRAR RECOnwlãnl an undivided 1/2 interest and JIMMY T. DOWDY and JACQUELYN M. DOWDY, husband and wife, as joint tenants as to an undivided 1/2 interest, hereby grant unto the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California for public street purposes and to become a portion of Dillon Avenue all that certain real property within said City and more particularly described as follows: BEGINNING at the most southerly corner of Lot 29 in Block 1 as said lot and block are shown upon that certain Map of Rucker's Addition filed in Book lip of Maps at page 39 in the office of the County Recorder, County of Santa Clara, State of California; ~ THENCE, along the southeasterly line of Lot 29 and the northeasterly prolongation thereof northeasterly 114.00 feet to the most easterly corner of Lot 31 as said Lot 31 is shown upon said Map; THENCE, along the northeasterly line of Lot 31 northwesterly 5.00 feet to its intersection with a line that is parallel with and 30.00 feet northwesterly, measured at right angles, from the centerline of Dillon Avenue as said Dillon Avenue is shown upon said Map; THENCE, along said parallel line southwesterly 114.00 feet to its intersection with the southwesterly line of Lot 29; THENCE, along said southwesterly'line southeasterly 5.00 feet to the POINT OF BEGINNING. , . CONTAINING 570.00 square feet, more or less, and being a portion of Section 35, T. 7 S., R. 1 W., M. D. B. & M. IN WITNESS WHEREOF, we have placed our names this , 19 '-\ , day of ¡ I I I i ¡ : r i (Notary Certificate) 1 of 1 .... j '~~-'~-'-"-'~,...,.,......,~....~~ ,--,,'i',"!..,~-r'...:,,",~"": "",~~"~~~"~-,,,,,(,';-;"""""""""""'~~~7'~'~"'~~-:~"""'-"":'"."",,:--..,.-- J)t~Î( ?-A"' '_/ "./ / RESOLUTION NO. 5367 BEING A RESOLUTION AUTHORIZING EXECUTION OF SHERREL KIRK, PRISCILLA KIRK AND JIMMY DOWDY AND JACQUELYN DOWDY AGREEMENT. WHEREAS, there has been submitted to the City Council by Sherrel Kirk, Priscilla Kirk and Jimmy Dowdy and Jacquelyn Dowdy an agreement for the development of their real property in accordance with prescribed conditions; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the Mayor be ånd he is hereby authorized to execute the said agreement on behalf of said City. 27th day of March PASSED AND ADOPTED this 1978, by the following vote: Councilmen: Doetsch, Hammer, Paul, Podgorsek, Chamberlin None AYES: NOES: Councilmen: ABSENT: Councilmen: None APPROVED: Mayor Dean R. Chamberlin ATTEST: Phyllis O. Acker City Clerk \ HAt':OLlNG _I- I REiURN 10- -,--- ,\ ')"CI\F:J \'"..,_..-,-- -', I. , . E \I~__- --r /\\ - --'Y- \ ELLIOH ORDINANCE NO. 1097 Df Vh' L~o ) P'D ,1-1 ~ BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING PLANS, ELEVATIONS, AND DEVELOPMENT SCHEDULE FOR THE PLANNED DEVELOPMENT ZONE ESTABLISHED BY ORDINANCE OF THE CITY OF CAMPBELL. (Application of Mr. Vito F. Adragna and the Acme Vending Company) . The City Council of the City of Campbell does ordain as follows: SECTION ONE: That the Zoning Map of the City of Campbell is hereby changed and amended by adopting the attached "Exhibit A" entitled "Plans and Elevations,11 IIExhibit BII entitled IIDevelopment Schedulell, and IIExhibit CII entitled "Map of said Property,lI as per the app1lcatlon of Mr. Vito F. Adragna and the Acme Vending Company, for approval of plans, elevations, and development schedule to allow construction of two two-story mini- warehouse structure on property known as 61 Dillon Avenue in a Planned Development Zoning District. Copies of said exhibits are on file in the office of the Planning Department. Said approval subject to the following conditions: A. Revised parking and landscape areas to be provided as indicated in Iredll on plans. B. Property to be fenced and landscaped as indicated and as added in "red" on plans. C. Landscape plan indicating type of plant material, location of hose bibs, or sprinkler system and type of fencing to be submtted for approval of the Planning Director at time of application of building permit. Plan to reflect a minimum of ten feet of landscaping along Dillon Avenue. D. landscaping shall be maintained in accordance with the approved landscape plan. E. Faithful performance bond in the amount $5,000 to be posted to insure landscaping, fencing and striping of parking area within three (3) months of completion of construction, or applicant may file written agreement to complete landscaping, fencing and striping of parking area prior to final Building Department clearance. F. Applicant to provide agreement, satisfactory to the City Attorney, that the building will be used for warehouse purposes only. G. AI] mechanical equipment located on roofs shall be screened as approved by the Planning Director. H. There shall be no telephones or office type of equipment used in any of the rooms or bays. ., .' I. All parking and driveway areas to be developed in compliance with Section 21.50 of the Campbell Municipal Code. All parking spaces to be provided with appropriate concrete curbs or bumper guards. J. Underground utilities to be provided as required by Section 20.16.070 of the Campbell Municipal Code. K. Plans submitted to the Building Department for plan check shall indicate clearly the location of all connections for underground utilities, including water, sewer, electric, telephone and television cables, etc. L. Sign application to be submitted in accordance with provisions of the sign ordinance for all signs. No sign to be installed until application Is approved and permit Issued by the Building Department. M. Ordinance No 782 of the Campbell Municipal Code stipulates that any contract for the collection end disposal of refuse, garbage, wet garbage, and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirements applies to all single family dwellings, multiple apartment units, to all commercial, business, industrial, manufacturing and construction establishments. N. Trash container(s) of a size and quantity necessary to serve the development shall be located In area(s) approved by the Fire Department. Unless other- wise noted, enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level. O. Applicant shall meet State requirements for the handicapped. PUBLIC WORKS DEPARTMENT P. File a parcel map to combine the three lots. Q. Dedicate the land to widen Dillon Avenue to 30 feet from centerline. R. Pay storm drainage area S. Execute an agreement to Improve Dillon Avenue and post the necessary bonds. T. Obtain an excavation permit for any work In the street right-of-way. FIRE DEPARTMENT U. Provide an automatic fire extinguishing system on second floor of each building. V. Locate trash enclosure on plans. w. Provide "2A-IOBC": fire extinguishers. The applicant is notifed that he shall comply with all applicable Codes or Ordinances of the City of Campbell which pertain to this development and are not herein specified. The applicant Is notified that he shall comply with all applicable Codes or Ordinances of the City of Can~bell which pertain to t~15 development and are not herein specified. PASSED AND ADOPTED this 25th day of following roll call vote: July . 1977. by the AYES: Councilmen: Doetsch, Hamner, Paul, Podgorsek NOES: Councilmen: None ABSENT: Councilmen: Chamber lin ,APPROVED: Mayor William R. Podgorsek ATTEST: Ci ty Clerk Dorothy Trevethan ). I . . ., '-'#' ,- _.0,:-'" ~ . lIT au . CMI TY ( , ., f~~ ~ ',. ( -'" - . " ~~~ ~.I Pc 77-J' ----- - --- --- ~ I I ZJ . .. § ø ~ /, :' \,.. . - - I .. I \ \.- , -- \ " P. i.' C. J!1 I . , -- EXHIBIT "e" ~UBLIC HEARING HELD BEFORE THE PLANNING COMMISSION OF THE CITY OF CAMPBELL CO""'LtD 'iii CO"'O""A_Cf WIT.. '~C,SB1' ON JUNE 7. 1977 Of TI1C It[VUIUC ANt) TAJATIOH CODE (fflCTlve DATI IUItCI1 1,1.?6 r.....,....T, ......,.._--, ._--, Acme Vendíng, Inc. ~ Central Musíc ~ Œ.~,~ D~7æ ~'1 'I~ ~ Ð 1~77 illJ 1777 .WITH AVENUE .AN ~08L CAUPORNIA .S1l2 PHONE a..-8777 CITY Of" CAMP8&::LL PLANNING DEPARTt-tENT Apr II 29, 1977 City of Campbell, Ca. Planning Comm. ATT: Mr. Kee Dear Sir, I agree that construction on our building will be concluded. within twelve months of your date of approval. _s ~va~~ -- C~ ~F. Aijragna ~ <--- EXH I B IT liB II A G R E E MEN T THIS AGREEMENT, (identified as No. 0111.(80) made and entered into this day of , 19 , by and between SHERREL DWAYNE KIRK, PRISCILlA FRANCES KIRK. JIMMY T nowny ANn JACQUELYN M. DOWDY hereinafter referred to as "Owners", and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of Cal- ifornia, hereinafter referred to as IICity". WITNESSETH: WHEREAS', Owners did heretofore on Apri 1 25 , 19~, apply to City for approva 1 in order to construct two two-story mini-warehouse structures upon that certain real property described as Lots ?~. 30 and 31'inBlock 1 as shown upon that certain Map at Rucker's Addition filed in Book "F" of Maps at page 39 in the office of the County Recorder of the County of Santa CTara,. State of California, which property is hereinafter referred to as "said real property"; WHEREAS, at its regular meeting held Jul V 25 , 19 77 , the Citv Council of City did consider said application and grant its approval thereon subject to certain cQn- ditions thereof as contained in Ordinance No. 1097 ; NOW, THEREFORE, IT IS MUTUALLY AGREED TO by and between the p~,:cties hereto as follows, to wit: (1) It is agreed to that Owners are required to prepare and/or cause to be prepared a parcel map in accordance with the provisions of the Subdivision Map Act of the State of CaJifornia, which map shall þe submitted to the City Engineer of City for examination, approval and recordation within thirty (30) days from the date hereof. It is further agreed to that if Owners choose to, or are required to, submit a parcel map, Owners shall pay City the sum of SEVENTY-SIX - - - - - - - - - - - - - - - - - - - - - - - -DOLLARS ($76.00 - - - -) for the examination of the tentative and final parcel map. (2) It is further agreed to that Owners shall provide; con- struct a~d/or install at their own proper cost and expense upon Di 11 on AvpnllP throughout the frontage of said real property public street im- provements consisting of, but not limited to, the following: 1 of 6 , FIRST: Provide and construct City of Campbell standard curb and gutter, commercial sidewalk and driveway approaches, consisting of Portland Cement Concrete, as shown upon the' improvement plans for said real property approved by the City Engineer of City. SECOND: Provide and construct City of Campbell standard pavement structures consisting of untreated crushed rock base course and asphaltic concrete surface course or approved equivalent in accordance with said approved improvement plans. THIRD: Provide and co~struct City of Campbell standard storm water inlets, storm sewer manholes, storm seker mains and laterals as shown upon said improvement plans. FOURTH: Grade said real property in accordance with approved building plans. FIFTH: Provide and install City of Campbell standard street monument boxes, street name signs, regulatory signs and sign posts therefor, barricades and redwood headerboards, as shown upon said improvement plans. SIXTH: Provide and install City of Campbell standard street light steel poles, with upsweep bracket arms, luminaires, with individual integral photoelectric cells, electrical under- ground conduits with conductors and junction boxes, all as shown upon said plans and as approved by said City Engineer. SEVENTH: Provide and install or cause to be installed a water distribution system, including fire hydrants and appurtenances to serve said real property as shown upon said plans. EIGHTH: Provide and install a sanitary sewerage system to serve said real property as shown upon said plans. NINTH: Provide and insœllan underground electrical energy system and an underground telephone system to serve said real property. TENTH: Provide and plant street trees of a variety and size as shown upon the pl~ns and as approved by said City Engineer. 2 of 6 (3) It is further agreed to that Owners shall provide and construct and/or install all of said public street improvements when Owners are so notified to do so by said City Engineer of City. (4) It is further agreed to that all of said improvements shall be constructed and/or installed within twelve (12) months from the date that Owners are notified by said City Engineer to do so: provided, however, that in the computation of said twelve-month period, delays due to or caused by acts of God, viz., unusually inclement weather, major strikes, other delays beyond the control of Owners shall be excluded. It is expressly understood and agreed to that if Owners shall fail to complete the work required by this Agreement within the said period of twelve (12) months, the City, after giving ten (10) days written notice thereof to Owners, may construct and/or install said improvements and recover the full cost and expense thereof from Owners. (5) It is further agreed to that Owners shall prepare or cause to be prepared at their cost and exp~nse improvement plans for the construction and/or installation of said public street improvements, which plans shall be prepared by a civil engineer licensed by the State of California, which plans shall be submitted to City Engineer of City for his examination and approval and which plans shall be submitted to City Engineer when Owners are so notified by said City Engineer. (6) It is further agreed to that the construction work of the improvements embraced by this Agreement shall be done in accordance with the Standard Specifications of the Depart- ment of Public Works, Division of Highways, State of California, dated January, 1973, and in accordance with the Specifications of the City of Campbell and Sanitation District No.4 of Santa Clara County, where indicated. WHEREVER the word "State" or words "Division of Highways" are mentioned in the State Specifications, it shall be consi- dered as referring to the City of Campbell. Also, wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the Specifications of the City of Campbell and Sanitation District No.4 of Santa Clara County, the Specifications of the City of Campbell and Sanitation District No.4 of Santa Clara County shall take precedence over and be used in lieu of such conflicting portions. (7) It is further agreed to that Owners shall deposit with City, when called upon to do so, for office examination of improvement plans, field inspection of construction of improvements and all necessary expenses incurred by City in connection with said improvements and all necessary expenses, 3 of 6 incurred by City in connection with said real property the sum of TWO HUNDRED EIGHTY ONE - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - DOLLARS ($ 281 .00 ). (8) It is further agreed to that Owners shall file with City, upon execution of this Agreement, a bond in the amount of EIGHT THOUSAND - - - - - - - - - - - - - - - - - - - - - - - - - - - - DOLLARS ($8,000.00 ) to insure full and faithful performance of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distribution system. Said bond shall guarantee that Owners shall correct and defect which may appear in said work within one (1) year from the date of acceptance of the work by City and pay for any damage to other work resulting from the construction thereof, as well as paying the cost of all labor and materials involved. This bond shall remain in full force and effect until one (1) year after date of final acceptance of said improvements. (9) It is further agreed to that City reserves the right to revise storm drain design shown on approved imp+ovement plans provided Owners are given reasonable w~itten notice of City's intention to make revisions. Reimbursement amount will be adjusted by difference between revised storm design and pre- sently approved storm design, in accordance with City of Campbell Storm Fee Schedule. (10) It is further agreed to that when called upon by City to do so, Owners will execute a petition for the formation of any special assessment district created pursuant to any special assessment act as provided in the Streets and Highways Code of the State of California created for the purpose of constructing and/or installing any or all of the public improve- ments herein described. (11) It is further agreed to that Owners shall partici- pate in and become a part of any special assessment district as described in paragraph (10) of this Agreement. It is expressly understood that any obligations of Owners contained in this Agreement that are accomplished to the satis- faction of said City Engineer by said special assessment dis- trict shall be considered null and void. (12) It is further agreed to that Owners shall make such deposits or file such bonds and enter into such agreement as required by Sanitation District No.4 of Santa Clara County to insure the installation of a sanitary sewerage system to serve said real property, and that Owners shall file with City, upon execution of this Agreement, a letter, from said Sanitation District No.4 of Santa Clara County stating that Owners have made such deposits or filed such bonds and entered into such agreements. 4 of 6 (13) It is further agreed to that Owners shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground wiring circuit to all electro- liers within said real property, when Owners are notified by either the City Engineer of Campbell or the Pacific Gas and Electric Company that the said fees are due and payable. (14) It is further agreed to that Owners shall make such deposits or file such bonds and enter into such agreement as required by CamDbell Water ComDanv when ca lIed upon to do so to insure the installation of a water distribution system to serve said real property, including fire hydrant. (15) It is further agreed to that any easement and right of way within or without said real property necessary for the completion of the project shall be acquired by Owners at their own cost and expense. It is provided, however, that in the event eminent domain proceedings are required for the purpose of securing said easement and right of wa~, Owners shall deposit or cause to be deposited with City a sum cover- ing the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto such sums as may be required for legal fees and costs, enqineering and other incidental costs shall be deposited with City. (16) It is further agreed to that Owners shall carry out any and all negotiations with all interested parties and shall perform or cause to be performed at their own cost and expense and to the satisfaction of the City Engineer any and all work required to abandon, remove, raise, lower, relocate and other- wise modify irrigation line or lines within the boundary of said real property. (17) It is further agreed to that the storm drainage area fee in connection with said real property and in conformance with the requirements established by Section 20.16.060 of the Campbell Municipal Code is in the amount of TWO-HUNDRED FTr..HTFFN - - - - - - - - - - - - - - - - - DOLLARS ($218.00 - - - - ). (18) It is further agreed to that Owners shall indemnify and save harmless the City of Campbell, the City Council and the City Engineer, and any and all other officers or employees of City from any suits, claims or actions brought by any per- son for or on account of any injuries or damages to persons or property sustained or arising in the construction of the on- site work due to any acts, omissions or negligence of Owners, their officers, agents, employees or contractors. (19) It is further agreed to that the above-named terms and conditions shall bind the heirs, successors, administrators or assigns of Owners. 5 of 6 (20) This instrument is and shall be considered to be an instrument affecting the right, title, interest in or posses- sion of the real property hereinabove described. IN WITNESS WHEREOF, said City has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council, and said Owners have hereunto caused their names to be affixed the day and year first above written. CITY OF CAMPBELL Mayor City Clerk ~ 7' (Individual) I STATE OF CALIFORNIA } I SS. COUNTY OF Santa Clara t' On February 9, 1978 before me, the UDden~ a ,NotarJ Public in and for ,lÙd S all ared Sherrel .wayne Kirk, Prlscllla Frances Klrk, tate,. person y appe - - , Jimmy T Dowdy, Jacquelyn MDowdy 101 R: 11/ X 101 .J ~ to be the person ~ whose name s are ; to the within instrument and acknowledged that ! executed the same. , WITNESS my hand and official seal fL..v--. tv I~ , bo.. to me subscribed t..hp.y -- Robert W Kelez Name (Typed or Printed) OJ- ÔFFICIAL SEAL 8'.. ROBERT W, KELEZ ~ NOTARY PUBlIC- CALIFORNIA ~ PRINCIPAL OFFICE IN SANTA ClARA COUNTY . A~rll 12, 1981 L L eommlssl()n Expires..... t , My Signature Direct all corre~pond3ncc t. AL BAR¡\ER, BONDS 717 Hearst Building Market and Third San Francisco, Catif. 94103 - dthful Performance Bond No. 8SM 173 248 Premium $80.00 KNOW ALL MEN BY THESE PRESENTS: Whereas, The City Council of the City of Campbell, State of California, and SHERREL DWAYNE KIRK. PRISCILLA FRANCES KIRK.,,_JIMMY T. DOWny. ...JACQUELYN M. (hereinafter designated as "pr incipal") have entered into an DOWDY agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated - -' 19__, and identified as No. nln (RO) is hereby referred to and made a part hereof; and ì.ÿh\~reas, Said principal is required under the termE: of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and _~1ERICAN MOTORISTS INSURANCE COMPANY. -' as surety, are held ånd firmly bound unto the City of Campbell, hereinafter called "City", in the penal sum of EIGHT THOUSAND- - - - - - - - - - - - - - - - - - - - - - - - - - - dollars ($...8...illl!L..OfL.--=-=-) lawful money of the United. States, for the payment of which sum well and truly to be ..lade, we bind ourselves, our heirs, successors, executors and aè1,lJ.nistra tors, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above beunded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in t~e said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, snd. shall indernrÜfy and save harmless said City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, ther~ shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfulJy enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any~.vise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreemen:t or to the work or to the specifications. 1 of 2 In witness ~l~Leof, this instru~ent has ~_~n duly executed by the principal and surety above named, on March 3 , ,19~. . , WITNESS OL~ HANDS this 19~. (Attach Acknowledgments) (Both Principal's and) (Surety's Attorney in fact) 3rd March day of Ï/I S~Y~E- KIRK ¿ ~¿~\~./H~ ~ PRISCILLA FRANCES KIRK *,0. Y, T, 'DOWDY ~ .) ~~--4-)72 ¡)-~7 ~ U. M. DOWDY " SURETY AMERICAN MOTORISTS INSURANCE COMPANY 2 of 2 AME:UCAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 600 .r- . '-ì 'tnSURdnCEI, :comf'amesl l j POWER OF ATTORNEY K now All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint........ Anthony Ange1ico1a and Carolyn Kliebert both of San Francisco, California (EACH)********************************************************************* its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1978, ùnless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond "r undertaking exceeds FIVE HUNDRED THOUSAND DOL- LARS ($500,000.00)********************************************************* EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein, This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1978, This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 15, 1939 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: "VOTED, Thai the President or any Vice President or Secretary or any Assistant Secretary shall have power and authority to ap' point agents and attorneys in lact, and Iu authOrize them to execute on behalf of the col11pany, and attach the seal of the company thereto, bonds ¿H1d underrakIf1¡\s, recognizances, cuntracls of indemnity ,¡nd olher IHlllngs obligatory in the nature thereof, and any such oííicer at the compat1\' may appoint agents tor acceptance ut process."' This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 22nd day of May, 1963: "VOTED, That the signature ot the President, any Vice President, Secretary or ¡\,sistc!l1t Secretary, and the Seal of the Com- pan,', and the certification by am Secretary or Assistant Secretarv. mav be atllxed by tacSlmile on any power of attorney executed pursuant to resolution adopted by the Board ot Directors on ,\lay 16. 1962 and any such power su executed, sealed and certified with respect to any bond or undertaking to which II IS attached, shall continue to be valid and binding upon the Compan\ ' In Testimony Whereof, the American and its corporate seal to be affixed by its Attested and Certified: Motorists Insurance Company has caused this instrument to be signed authorized officers, this -ZLth_day of ~.ep..tember ,19-'Il. AMERICAN MOTORISTS INSURANCE COMPANY ~ ~""." "".',",',",",'>,','," ~, ;~.-, ).¡ '. ,:'..:;. .. By // /--' ~ --L ---- / ¡.., ,/'v.-,,-..."""'/( Jv- H. L, f<ennicott, Ir., Vice President C. G. Swan, Secretary ST A TE OF ILLINOIS } ss COUNTY OF COOK I, Jean Petzold, a Notary Public, do hereby certify that H, L. Kennicott, Jr, and C. G. Swan personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth /~~~!7>;\ ¡--Q"""Î '~~'\";~~<)~ " ;.- "'~/ rc?~ My commission expires: April 29, 1980 CERTIFICA TION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do. hereby certify that the attach.ed Power of Attorney dated September 27, 1977 on behalf of Anthony Ange1.iJ~.o.l.ï:Land Carolyn Kliebert both of San Francisco, California (EACH)******************* *************************************.. !.***,****-4-****- is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said H. L. Kennicott, Jr. and C. G, Swan who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of the American Motorists Insurance Company, IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed3t1§jWrporate seal of the American Motorists Insurance Company on this day of MJl.R - , 19-. ~...:,~'~~:;>... , ~( ,;,,~.-, ) j ">~-::-,/'" lean Petzold, ,""otary Public >~ S\en L. Johanson, Secrelary the bonds and undertakings specifically named in the manner and to the extent herein stated. PRINTED IN U,S,A. This Power of Attorney limits the acts of those named therein to therein, and they have no authority to bind the Company except f'\836 7.76 1M Po"er oj Altorney-Term 'f:.. -- CAMPSELL.. AVENUE !...()'r .:} ¡ r:.::....:..:-...)I,.. "':-'.:".¡'."."'.>.: .~.'.':\..~.t:!" ...:: ;.~;~IL/ ¡ I l¡"i Est<. i!F'¡ I\.1 PG. 3:) Fi, 1... (; (':. h ¡ L(i 'T' ',:!,C.i 1.,/)'1" ? ') /? 0 v ~ Q LAND TO BE GRANT E D TO THE CITY OF CAMPBELL Dr. by lLW Ck.by v. P. NOV, 1977 NOV, 1977 t~~=:==1 ~~~d C~nt~n~~~~i~ 50-FT ~ + / -N- SCALE ~ I" = '2.0' Prepared by the Office ot the City EnQìneer, Campbell, California CITY ENGINEERIS CONSTRUCTION COST ESTIMATE FOR KIRK-DOWDY 61 DILLON AVE. - PD 77-16 1. Clearinq and Grubbinq: a. AC removal: 127 sq. yd. @ 2.50 2. Earthwork: 76 cu. yds. @ 10.00 30 Underqround Street Liqhtinq System: a. 1 1/2" rigid galvanized metal conduit with two #8 AWG solid copper conductors: 114 line ft. @ 6.00 Electrolier, with photoelectric cell, 240-volt: .317 @ 1,200.00 b. 4. Concrete Construction: a. Class A, PCC curb and gutter: 114 line ft. @ 7.90 b. Class A, PCC sidewalk: 785 sq. ft. @ 1.85 C. Class A, PCC driveway approach: 266 sq. ft. @ 2.75 5. Street Construction: a. Alt. No.1: 1. Class 2 A.B., 1 1/2" max.: (2,052 sq. ft.) (0.67) (0.07)= 96 tons @ 8.00 = 2. AC pavement, Type B: (2,052 sq. ft.) (0033) (00075)=51 tons @ 18.50 = 6. Misc. Surface Improvements: a. Street trees, IS-gallon size: 2 @ 27.50 = 317.50 = 760.00 = 684.00 380.40 = = 900.60 = 1,452.25 = 731.50 768.00 943.50 = 55.00 Sub Total: $6,992.75 15% Contingencies: 1. 048.91 TOTAL: $8,041.66 1. Use $8,000.00 for bond amount. 2. Plan examination and construction inspection fee is $281.00. Storm drainage area fee is $218.00. 3. Prepared by: L. Snyder '-8.18