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HomeMy WebLinkAbout1071 Lovell Ave. • Recording Requested By: ) 23504415 City of Campbell ) 70 North First Street ) Regina Alcomendras Santa Clara County - Clerk-Recorder Campbell, CA 95008-1423 ) 11/18/2016 04:30 PM After Recording Return To: ) CONFORMED COPY Copy of document recorded. Has not been compared with orig.. nal. City Clerk ) City of Campbell ) 70 North First Street ) Campbell, CA 95008-1423 ) APN: 406-06-029 (Space Above for Recorder's Use Only) Address: 1071 Lovell Avenue,Campbell,CA 95008 AGREEMENT FOR PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY In consideration for granting permission to allow private improvements to remain in the public right-of-way, Sarbajit Ghosal and Sanhita Ghosal (property owner) enters into this Agreement with the City of Campbell. The improvements contemplated to remain are for the benefit of the real property commonly known as 1071 Lovell Avenue. As approved by City Council Resolution Number 12049, the City of Campbell grants such permission to allow an existing fence to remain in the public right- of-way along the Lovell Avenue frontage of the property, more particularly shown in Exhibit B. In the event the fence is reconstructed by the property owner at a future date, the new fence shall be constructed behind the property line and outside of the public right-of-way. The property owner shall be solely responsible for maintaining the improvements in a good and safe condition at all times; and the property owner shall indemnify, defend, and hold harmless the City of Campbell, its officers, officials, agents, volunteers, employees and attorneys from any and all claims, actions, losses, liabilities and costs (including reasonably incurred attorney's fees) arising out of or connected with, or alleged to arise out of or be connected with the installation, design or condition of the improvements, except for any claims, actions, losses, liabilities and costs proximately caused by the sole negligence or willful misconduct of the City of Campbell, its officers, officials, agents, volunteers, employees or attorneys. This provision is intended to be the dispositive of all rights of indemnity and contribution between the parties, and property owner waives and releases any and all rights to indemnity or contribution from the City of Campbell, in law or equity, arising out of, or connected with any and all claims, actions, losses, liabilities and costs (including reasonably incurred attorney's fees) for which property owner is obligated under this paragraph to provide indemnity or defense to the City of Campbell,its officers, officials, volunteers,employees or attorneys. The City will attempt to reasonably ensure the continued use of the private improvements in their existing locations. However, if the City's Public Works Director makes the determination that the improvements pose a safety concern, the City, in its sole discretion after giving one hundred eighty (180) days written notice to the Owner, or his/her successors, may revoke the rights granted under this agreement and remove the improvements at any time, without liability to the property owner, or require J:\LandDev\FForms\2.AGREEMENTS-PIA SIA DEF SIA Maintenance Reimbursement Developmert\Private Improvements Agreements in ROW\Word Document\Lovell Io7l.doc Page 1 of 5 that the improvements be removed, and property owner shall have no right to compensation from City in any form. In the event that Owner fails to reimburse the City for the costs of removing the improvement ("default") as required by this Agreement, the City shall have and may execute the absolute right, at the City's option and without demand or notice to Owner, to claim and impose a lien, attached as Exhibit A and incorporated herein by this reference ("Lien"), on said real property (also referred to herein as "Collateral"). City's failure to exercise this option will not constitute a waiver of the light to exercise it in the event of any subsequent default. (a) Amount of Lien: The Lien shall be for the entire amounts then owing under this Agreement. (b) Recordation: City is authorized to record the Lien in the appropriate Recorder's Office(s). (c) City shall have full authority to perform all acts and things that City may consider necessary or advisable to impose, maintain and enforce the Lien. (d) Debtors' Warranty: OWNERS WARRANT that they are the owners of the Collateral and Owners have the right to make this Lien Agreement. (e) Debtors Covenants: Owners agree: (i) To pay City all amounts payable pursuant to this Agreement on or before the due date when due and payable, and to perform all terms of this Agreement; (ii) To defend the Collateral against claims and demands of all persons and entities; (iii) To keep the Collateral in good condition; to-perform other acts that may be necessary to preserve the Collateral and protect the Collateral against unreasonable loss and all hazards, and; (iv) To immediately notify the City in writing when Owners become aware of any event that substantially affects the value of the Collateral, or the rights and remedies of City in relation to the Collateral. (1) Prohibitions: Without the prior written consent of the City, Owners will not permit any liens or security interests (other than the City's Lien) to attach to the Collateral; permit the Collateral to be levied on under legal process; dispose of the Collateral; or permit anything to be done that may impair the value of the Collateral or of the Lien,which is the subject of this Agreement. (g) Notices: Any notice, demand or request required hereunder, or by law, shall be given in writing(at the addresses set forth below)by any of the following means: (a)personal service; (b) facsimile; (c) overnight courier or delivery service; or (d) registered or certified, first class U.S. mail,return receipt requested. J:\LandDev\Forms\2.AGREEMENTS-PIA SIA DEF SIA Maintenance Reimbursement Development\Private Improvements Agreements in ROW\Word Document\Lovell 1071.doc Page 2 of 5 Property owner agrees to maintain homeowners or general liability insurance with a limit of at least $100,000 for damages arising from the installation, design or condition of the improvements. This provision shall run with the land and be binding on the property owner's successors. Executed this \ At— day of C c Q}> , 2016. OWNER SE _TTACHED Ack urat) Sarbajit Ghosal JE _,TT-ACHED ar Jost) Sanhita Ghosal (Attach Notary Acknowledgment For All Parties) CITY OF CAMPBELL, a municipal Corporation C Todd Capurso Public Works Director,City of Campbell ATTEST: rs � j Wendy d, City Clerk J:\LandDev\Forms\2.AGREEMENTS-PIA SIA DEF SIA Maintenance Reimbursement Development\Private Improvements Agreements in ROW\Word Document\Lovell 1071.doc Page 3 of 5 .,-s•ir -..� - —._.0 ... t__.....---.ter:.-..- -.._ V�-v - .. _ • u ACK1'OWLEDQM:Ef4!`E` • A notary public or other officer completing this . certificate verifies only the identity of the individual who signed the document to which this certificate is • attached, and not the truthfulness, accuracy, or validity of that document. State of California SANTA CLARA County of • ) • 2016 JASMIN RENE ESPINO NOTARY PUBLIC OnetX.Y `� before me, • • (insert name and title of the officer) • personalty appeared ' Ch a\ -- , who proved to me on the basis of satisfactory evidence to be the person(N) whose name(Y)is/are • subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(t4), and that by h/her/their signature(on the instrument the • person(, or the entity upon behalf of which the person( acted, executed the instrument. • (_certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JASMIN RENE ESP1NO 1 COMM.#2110928 C , V1 NOTARY PUBLIC CALIFORNIA y MY CCMM.EXP.MAY 10.2019 Signature (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of fl[A Q\(Iva ) • On CdOhQ� (`' 90 I,e before me, A. Boozer, Notary Public (insert name and title of the officer) personally appeared SAN 4'A-01 e,-)hosm.. who proved to me on the basis of satisfactory evidence to be the person()whose name() is/are subscribed to the within instrument and acknowledged to me that /she/they executed the same in this her/tfce+r authorized capacity), and that bydris/her/their signature(/) on the instrument the personX, or the entity upon behalf of which the person(acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. - WITNESS my hand and official seal. A.eoOZER : i. 1.�; COW.it 2139893 1 F a! •NOTARY PUBLIC•.CALIFCq MY COIiMt.EXP,JANUARv�n mfr p Signatur (Seal) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. • State of California } County of\___)b,\K AG,. .O.--- } On t.)\( eC )aAcn before me, ...\2,iy\.r• V- 110 1/4.- 1\10 (1 &SVC. (Here irsen name and bile of the orpicer) personally appeared \D(� Io i O who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. . I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �v.,, J0ANN TH0MAS0N WIT ESS my hand and official seal. x= �i Commlasioi 02110789 z` ,3� Notary Public-Calltornla z z % Santa Clara County tnu<=, My Comm.Expires May S,2019 Notary ublic ' nature . 2 .. (Notary Public Seal) ♦ ♦ INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed.should be convicted and attached to the document.Acknowledgmenu from other states may be completed for documents being sent to that state so long _ as the wording does not require the California notary to violate California notary +M� ��\r Q \\) *e WI���C a )law. (Title or description of attached document) State and County information must be the Slate and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. 4e/she/they, is/ate)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. 'Impression must not cover text or lines. If seal impression smudges,re-seal`a (Title) sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of ❑ Partner(s) the county clerk. ❑ Attorney-in-Fact •: Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number of pages and date. ❑ indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Vert for tw w.NotaryClassns.corn 500-373-9865 • Securely attach this document to the signed document with a staple. • Exhibit A Recording Requested By: ) ) City of Campbell ) ) When Recorded Mail To: ) ) City Clerk ) City of Campbell ) 70 N. First Street ) Campbell, CA 95008 ) ) • APN: Space above this line for Recorder's use only Address: • CLAIM OF LIEN I, Todd Capurso, Public Works Director for the City of Campbell, a California Municipal Corporation ("City"), do hereby certify: A. On or about , 20_, ("Debtors') executed an Agreement for Private Improvement with the City of Campbell ("Agreement"). B. The Agreement was recorded in the Santa Clara County Recorder's Office on or about ,20_Document Number C. The Agreement allowed the Debtor's to provide, construct, and/or install certain private improvements in front of their property at , Campbell, California, at their own costs and expense. Pursuant to the terms of the Agreement, the Debtors expressly agreed that if they failed to comply the work the Agreement, the City was authorized to remove said improvements and recover the full cost and expense thereof from the Debtors or their successors. D. The Debtors did not remove the improvements after being notified to do so. Therefore, the City removed said improvements. E. In , 20 , the City informed the Debtors about the improvements that would be removed pursuant to the Agreement. J:\LandDev\Forms\2.AGREEMENTS-PIA SIA DEF SIA Maintenance Reimbursement Development\Private Improvements Agreements in ROW1Word Document\Lovell I071.doc Page 4 of 5 F. The City subsequently completed the work. On or about , 20 , the City sent the Debtors an invoice for said work in the amount of$ G. Pursuant to the terms of the Agreement, the Debtors expressly agreed that the City is authorized to, at the City's option and without demand or notice to the Debtors, immediately claim and impose a lien on the real property commonly known as , Campbell, California, APN Number , for the entire amounts then owing under, or incurred pursuant to, the Agreement, including without limitation,the entire unpaid principal amount. WHEREFORE, the City of Campbell, A California municipal corporation, pursuant to the Agreement, hereby claims a lien upon the work of improvement and the land upon which it is situated, namely, the real property commonly known as , Campbell, California, APN Number , in the amount of $ and said amount shall constitute a lien against said property until paid in full. IN WITNESS WHEREOF the City of Campbell, California, a California Municipal Corporation, has duly authorized the undersigned to execute this instrument in its name. Dated: By: for the CITY OF CAMPBELL, a California municipal corporation (Notary Acknowledgement Required for Signatures) J:1LandDev\Forms\2.AGREEMENTS-PIA SIA DEF SIA Maintenance Reimbursement Development\Privatc Improvements Agreements in ROW\Word Document\Lovell 1071.doc Page 5 of 5 I PORTION Cr LOT tfi - Exhibit B nPN: 40E-06-020 • RESIDENCE ' . �1 ?� ., a 4 °9 1 S RNCfL,UL Of P2O16 ti�"? J •M1S RII' CC RCI40vtD\ .f' � 569'49'25`W 85.00 �y Q 4.00 X " 4 X p 0 O or 4,s 1,a aT '1 a� ', 1RE 15 if' 'f% 9."' _ - I !t� 'C.,..\,(si.,X ; . . . . . . . . . . . . X M1 9s.''' �° ...7 a a GARAGE CONCRETE "" ,{, �'30 0 R.7JieCJ %r;°b` ♦rp qM1 y -- _ •j�q4 „�'. s x — '. tea • �. M1e!0`''-*---,x-4.4..,1.41;$%>"•. .,,r�♦°� • • M1S, ..,_-_ `bM1$4 M1!i FERCC o i wb � E' b i -•4CAC1C sTV r 0 I .�S M1�" ..,. .�-47.732.34' :.. a♦^° x"�. `O, VENCE 5‘ _. LA A000 ./ T- fi DECK._.__, -....1,_..._..r . t4 MC 20 r�_ i D , ., !r, 71.454---,, Z v > P L4I 7 15 • _ -. _-- -.. ,,, ,.3V 2 6' ? o 6-06-030 • _' 4'"� RESIDENCE I Q . DENCE 7'717'= , , ,•,X APN: 405-06-029• 4 PORTION OF LOT 16 to'YL PCp t u 1e ^CODC 4P 9.244 SF PAt1CMEUT Q I { 0 >b _ M1r. Z • o —.1/0 COPT b0 (/) ,y"' °" I /1l a •.6�1,�9 ,. /'✓ b" 't° 4 .'1S. ",a "•j'7' " M1"� ■AE v 9"'"sa if, 3 X a r' Q X X X ' �j F gt R••20.00' ,..-31.4s Rol' ,', !—•-;0,9091'33' y� M1r"' ' 9'• // "' \ a9 y° "S•/ 4 ° P 11 X '!'1� •'� ' " $14.-._ " �Y 7-RULE ` b° 1 7 ma 6 • " 1' 1 , •• a dpi N89'49.3YF 05.02' Ilrc�— ' M1c I j ''26.14'4/13 '+\ \ ,a6°il.'X'S . - X•'5 X I I Ur N CYRIL_// I " s LOVELL AVENUE " I 1 " ® 1 'I — • i0 CDDE or '$ 1 7 PAtIC7G11� 4. 18"NC OJR0 0tti i....______;,(4.,:' \ at ., K "'"b Existing fence within the public • • P1 Dr right-of-way along Lovell Ave to jp remain subject to the Private • Improvement Agreement g I • Recording Requested By: ) 23504415 City of Campbell ) Regina A l comendras 70 North First Street ) Santa Clara County - Clerk-Recorder Campbell, CA 95008-1423 ) 11/18/2016 04:30 PM Titles: 1 Pages: 9 After Recording Return To: ) Fees: $54.00 Taxes: $0 Total: $54.00 City Clerk ) City of Campbell ) VIII jF"j ,�'F'�' .t'l '�i�'� V III 70 North First Street ) Campbell, CA 95008-1423 ) APN: 406-06-029 (Space Above for Recorder's Use Only) Address: 1071 Lovell Avenue,Campbell,CA 95008 AGREEMENT FOR PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY In consideration for granting permission to allow private improvements to remain in the public right-of-way, Sarbajit Ghosal and Sanhita Ghosal (property owner) enters into this Agreement with the City of Campbell. The improvements contemplated to remain are for the benefit of the real property commonly known as 1071 Lovell Avenue. As approved by City Council Resolution Number 12049, the City of Campbell grants such permission to allow an existing fence to remain in the public right- of-way along the Lovell Avenue frontage of the property, more particularly shown in Exhibit B. In the event the fence is reconstructed by the property owner at a future date, the new fence shall be constructed behind the property line and outside of the public right-of-way. The property owner shall be solely responsible for maintaining the improvements in a good and safe condition at all times; and the property owner shall indemnify, defend, and hold harmless the City of Campbell, its officers, officials, agents, volunteers, employees and attorneys from any and all claims, actions, losses, liabilities and costs (including reasonably incurred attorney's fees) arising out of or connected with, or alleged to arise out of or be connected with the installation, design or condition of the improvements, except for any claims, actions, losses, liabilities and costs proximately caused by the sole negligence or willful misconduct of the City of Campbell, its officers, officials, agents, volunteers, employees or attorneys. This provision is intended to be the dispositive of all rights of indemnity and contribution between the parties, and property owner waives and releases any and all rights to indemnity or contribution from the City of Campbell, in law or equity, arising out of, or connected with any and all claims, actions, losses, liabilities and costs (including reasonably incurred attorney's fees) for which property owner is obligated under this paragraph to provide indemnity or defense to the City of Campbell, its officers, officials, volunteers, employees or attorneys. The City will attempt to reasonably ensure the continued use of the private improvements in their existing locations. However, if the City's Public Works Director makes the determination that the improvements pose a safety concern, the City, in its sole discretion after giving one hundred eighty (180) days written notice to the Owner, or his/her successors, may revoke the rights granted under this agreement and remove the improvements at any time, without liability to the property owner, or require J:\LandDev\Forms\2.AGREEMENTS-PIA SIA DEF SIA Maintenance Reimbursement Development\Private Improvements Agreements in ROW\Word Document\Lovell 1071.doc Page 1 of 5 that the improvements be removed, and property owner shall have no right to compensation from City in any form. In the event that Owner fails to reimburse the City for the costs of removing the improvement ("default") as required by this Agreement, the City shall have and may execute the absolute right, at the City's option and without demand or notice to Owner, to claim and impose a lien, attached as Exhibit A and incorporated herein by this reference ("Lien"), on said real property (also referred to herein as "Collateral"). City's failure to exercise this option will not constitute a waiver of the right to exercise it in the event of any subsequent default. (a) Amount of Lien: The Lien shall be for the entire amounts then owing under this Agreement. (b) Recordation: City is authorized to record the Lien in the appropriate Recorder's Office(s). (c) City shall have full authority to perform all acts and things that City may consider necessary or advisable to impose, maintain and enforce the Lien. (d) Debtors' Warranty: OWNERS WARRANT that they are the owners of the Collateral and Owners have the right to make this Lien Agreement. (e) Debtors Covenants: Owners agree: (i) To pay City all amounts payable pursuant to this Agreement on or before the due date when due and payable, and to perform all terms of this Agreement; (ii) To defend the Collateral against claims and demands of all persons and entities; (iii) To keep the Collateral in good condition; to perform other acts that may be necessary to preserve the Collateral and protect the Collateral against unreasonable loss and all hazards, and; (iv) To immediately notify the City in writing when Owners become aware of any event that substantially affects the value of the Collateral, or the rights and remedies of City in relation to the Collateral. (f) Prohibitions: Without the prior written consent of the City, Owners will not permit any liens or security interests (other than the City's Lien) to attach to the Collateral; permit the Collateral to be levied on under legal process; dispose of the Collateral; or permit anything to be done that may impair the value of the Collateral or of the Lien,which is the subject of this Agreement. (g) Notices: Any notice, demand or request required hereunder, or by law, shall be given in writing (at the addresses set forth below)by any of the following means: (a) personal service; (b) facsimile; (c) overnight courier or delivery service; or (d) registered or certified, first class U.S. mail, return receipt requested. J:\LandDev\Forms\2.AGREEMENTS-PIA SIA DEF SIA Maintenance Reimbursement Development\Private Improvements Agreements in ROW\Word Document\Lovell 1071.doc Page 2 of 5 Property owner agrees to maintain homeowners or general liability insurance with a limit of at least$100,000 for damages arising from the installation, design or condition of the improvements. This provision shall run with the land and be binding on the property owner's successors. Executed this 160' day of O cZ } -01- , 2016. OWNER SE TTACHED Ack uratj Sarbajit Ghosal Ac JWrt�t� Sanhita Ghosal (Attach Notary Acknowledgment For All Parties) CITY OF CAMPBELL, a municipal CorporationCOWL-11"R-)Todd Capurso Public Works Director, City of Campbell ATTEST: liekirtjWendy , City Clerk J:\LandDev\Forms\2.AGREEMENTS-PIA SIA DEF SIA Maintenance Reimbursement Development\Private Improvements Agreements in ROW\Word Document\Lovell 1071.doc Page 3 of 5 �. ACKWOWLEDGMEf4T A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California SANTA CLARA • County of ) • --ck" On ('c(,.( \c ,2016 before me, JASMIN RENE ESPINO NOTARY PUBLIC (insert name and title of the officer) personally appeared e C-ncbsc,\ who proved to me on the basis of satisfactory evidence to be the person( whose name( is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(t ), and that by h/her/their signature(on the instrument the • person or the entity upon behalf of which the person(Dacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 77;;;;;;;Z;;;77 C w a comm.#2110928 • ;I - q` , NOTARY PUBLIC •CALIFORNIA y SANTA CIARA COUNTY MY COMM.EXP.MAY 10,2019 Signature (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of k Ck Q\ci1/a On Oki0h22 (7 90 before me, A. Boozer, Notary Public (insert name and title of the officer) personally appeared SON fiq Llho,SnL who proved to me on the basis of satisfactory evidence to be the person() whose name() is/afe subscribed to the within instrument and acknowledged to me thattru/she/they executed the same in this her/ttie+r authorized capacity), and that by-hts/her/the+r signature(f on the instrument the person( or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. A.BOOZER E i, COMM.#2139893 � - -. •CALIFORNIA NOTARY PUBLIC SANTA CLARA COUNTY MY COMM.EXP.JANUARY 10.2020 Signatur (Seal) CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of ,\NN. \a,C0 } On �.t. ,\ C ").vocc) before me,�' v.(, ��. , i`5 -) 1Jc)-crA(Ni t v6t. (Here insert name and title of the officer) personally appeared \��� Q0.. sr , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -.!,.,; JOANN THOMASON Commission#2110789 WI ESS my hand and official seal. z 1c , Notary Public-California I • t/ Santa Clara County 'N 7--------- 4._A4 j------ M Comm.Expires May 9,2019 Notary 'ublic ••nature (Notary Public Seal) ♦ ♦ ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed.should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary wk OS rr V qk'� .��MQs(C.1'Lv^o�{�law. (Title o description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they, is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. O Attorney-in-Fact • Additional information is not required but could help to ensure this D Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number of pages and date. ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). "` a y ( '> 8 Ei • Securely attach this document to the signed document with a staple. Exhibit A Recording Requested By: ) City of Campbell ) When Recorded Mail To: ) City Clerk ) City of Campbell ) 70 N. First Street ) Campbell, CA 95008 ) APN: Space above this line for Recorder's use only Address: CLAIM OF LIEN I, Todd Capurso, Public Works Director for the City of Campbell, a California Municipal Corporation ("City"), do hereby certify: A. On or about , 20_, ("Debtors") executed an Agreement for Private Improvement with the City of Campbell ("Agreement"). B. The Agreement was recorded in the Santa Clara County Recorder's Office on or about , 20 Document Number C. The Agreement allowed the Debtor's to provide, construct, and/or install certain private improvements in front of their property at , Campbell, California, at their own costs and expense. Pursuant to the terms of the Agreement, the Debtors expressly agreed that if they failed to comply the work the Agreement, the City was authorized to remove said improvements and recover the full cost and expense thereof from the Debtors or their successors. • D. The Debtors did not remove the improvements after being notified to do so. Therefore, the City removed said improvements. E. In , 20 , the City informed the Debtors about the improvements that would be removed pursuant to the Agreement. J:\LandDev\Forms\2.AGREEMENTS-PIA SIA DEF SIA Maintenance Reimbursement Development\Private Improvements Agreements in ROW\Word Document\Lovell 1071.doc Page 4 of 5 F. The City subsequently completed the work. On or about , 20_, the City sent the Debtors an invoice for said work in the amount of$ G. Pursuant to the terms of the Agreement, the Debtors expressly agreed that the City is authorized to, at the City's option and without demand or notice to the Debtors, immediately claim and impose a lien on the real property commonly known as , Campbell, California, APN Number , for the entire amounts then owing under, or incurred pursuant to,the Agreement, including without limitation,the entire unpaid principal amount. WHEREFORE, the City of Campbell, A California municipal corporation, pursuant to the Agreement, hereby claims a lien upon the work of improvement and the land upon which it is situated, namely, the real property commonly known as , Campbell, California, APN Number , in the amount of $ and said amount shall constitute a lien against said property until paid in full. IN WITNESS WHEREOF the City of Campbell, California, a California Municipal Corporation, has duly authorized the undersigned to execute this instrument in its name. Dated: By: for the CITY OF CAMPBELL, a California municipal corporation (Notary Acknowledgement Required for Signatures) J:\LandDev\Forms\2.AGREEMENTS-PIA SIA DEF SIA Maintenance Reimbursement Development\Private Improvements Agreements in ROW\Word Document\Lovell 1071.doc Page 5 of 5 1 PORTION OF LOT 16 ' Exhibit B APN: 406-06-028 ryRESIDENCE ...el'e • I No yy I ep J FENCEUNE OF POSTS ry.!' I 5 ry'� $89'49'25"W 85.00'4�. FENCE REUOVED� ryy8 THE 2P 15 ry�4. FENCE WOOD-� ry'✓`� 4,43:':;•.'9'ry - p'! �. - • • _ .. • 7 ^3;1' 43 M1y ny ti, ;� X . . , , `. 1 GARAGE CONCRETE. e';. rye B•CURB +P 2a•GUTTER iF.231 6,O--/1•/"4,6' `yry ry�ryS1M1M1 M1° zo 4Y8107.1: ill. g" "' M1y. rye. , - • �- \:: FENCE WOOL• 30 FENCE W000-/ M1�'1B M1.y� 5'. 43'4 7 ry �1 y a y O 32 54 STEP , - ry ry 1 ryry '-FF.232.51 R' X'1y o t•7 M1y`16 N N + � M1ry M1 W000 s p DECK ryyry. u ) LJJ ,�. 'Y'.. 24 TREE 20• * , I . •� 2t.18' Fos b'Y t z y LLl T 15 --.yA A +1 ti ry 21.39 o '' 5-06-030 . S y' - RESIDENCE I Q DENCE 792'5 APN: 406-06-029 I; �p PORTION OF LOT 16 • 10' PER 1 N 14 EDGE OF • ' 9.249 SF �PAVEUENT Q o 'R I. .21 A0 .. „��• U I D f l , Xa ,E iM1' 2a.M1� ( Z i ,� to s M1y. 0 X -' -.-4/C FOPT . B "F GI ,.# N1 4S' i 4 X 1 pp M1y 6.02' 1 . , -,#04 O'L M1 d' ,16 ...�y`-i M1'}sy. • OFF:232.53. 9 M1 yM1, 41'.' 7. yryryO .,y�..'V''f-M '' Ry M1(4' x py ,FP •'1x I y "' ry H -..,4"'• GUY 7 _-~•.^yrmi 1 'L FENCE MDOD-!' '� 1M1 C ryyry c X 3 TREE E M1�� ' i'''``' I 4753'7% X...:(,;••,.0 y yNM1' 4 yry:, M1yh� 9 • E V 1.47 M1X X ryy I 2 u X z o R-20.00' L-31.43' •' M1yM1' N 'i1 py• pp ry'i I/M14 ., p h ;_ p X M1' '1,.. ' ' M1 ',11' M1� M1y M1y b I.FENCE _-- �' 2 TREE 6 • M1 S NB9'a9'32"E 65.02' ry�by I 1 • P X X,� . 26RW •;;;"15 '< X: 41( X y1 4, X° 'XI" - - . X - I 1B'ROLL CURB AND WTTER 1' LOVELL AVENUE I o 1 it2' a a '' 9 / ' I 1• xx YP.JENLNI -\ e18'ACGUTTER, O ry'q'P ryy^° ry;6 'S I • "- — --x Existing fence within the public t. DN OH OH OH right-of-way along Lovell Ave to JP remain subject to the Private improvement Agreement x i