Tract 2991 (1965)
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RESOLUTION NO.
BEING A RESOLUTION ACCEPTING TRACT NO. 2991
KIRKWOOD PLAZA UNIT NO.2, AND IMPROVEMENTS
THEREON.
WHEREAS, the City Council has been advised by the
City Engineer that all improvements in Tract No. 2991, Kirkwood
plaza Unit No.2, have been completed in accordance with that
agreement entered into January 8, 1962, concerning said Tract, and;
WHEREAS, the City Engineer recommends acceptance of
the Tract and improvements;
NOW, THEREFORE, BE IT RESOLVED by the City Council
that Tract No. 2991, Kirkwood Plaza Unit No.2, together with
all the improvements thereon, be and the same are hereby accepted and
that the City Engineer is hereby order to record a Notice of
completion of said improvements.
PASSED AND ADOPTED this
day of
1963, by the following vote:
AYES:
NOES:
Councilmen:
Councilmen:
ABSENT:
Councilmen:
APPROVED:
Peter B. Lico, Mayor
ATTEST:
Dorothy Trevethan, City Clerk
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NOTICE £f COMPLETION
NOTICE is hereby given that CITY OF CAMPBELL,
as OWNER and MYRON D. HAWK
the undersigned, as City Engineer caused
subdivision improvements to be constructed
upon the property hereinafter described.
That the work on said subdivision
improvements was actually accepted on the
13th day of May , 19 63.
That the name of the subdivider for
said owner is IRA KIRKORIAN
That the nature of title of said city to
said subdivision ~ro~ements is that
of owner in fee simple, and the names and
addresses of all owners of said property are:
NAME
ADDRESS
CITY OF CAMPBELL
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Above space
for Recorder
75 North Central Avenue
Campbell, California
That the property herein referred to and on Which said subdivision
tmDrovements are located is situated in the City of Campbell, County of
Santa Clara, State of California, and described as follows:
TRACT NO. 2991
and having the following address:
Dated
May 15
, 19!!..-.
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ÞfYron 06 Hawk
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STATE OF CALIFORNIA )ss.
COUNTY OF SANTA CLARA )
MVRlì!\T n. J:.(þ>WJ(
being duly sworn, says: That I am the City Engineer for said City of
Campbell, the owner of the property described in the foregoing notice;
that I have read the foregoing notice, and know the contents thereof,
and the facts therein stated are true of my own knowledge.
Subscribed and sworn to before me this
1"+-ì1~I?Jl' ~ M~y . 19J.3...
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Notary Public in and for said County
of Santa Clara, State of California.
W. L. MORSER
/VI}' Comrr;issioo Expires M¡;,rch 25, 1965
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AGREEMENT
TRACT
2991
THIS AGREEMENT, made and entered into this
day of
, 1961, by and between the CITY OF CAMPBELL,
a municipal corporation of the state of California, hereinafter
designated as "CITY" and IRA KIRKORIAN and MARGUERITE K IRKOR IAN,
husband and wife hereinafter designated as "SUBDIVIDER~'
WITNESSETH
,.-'
WHEREAS, said "SUBDIVIDER" desires to subdivide certain
land within the said City of Campbell in accordance with the map
heretofore filed with the City Council of the City of Campbell, marked
and designated "TRACT NO. 2991, being a portion of the Quito Rancho
and lying within the City of Campbell, California;" and,
WHEREAS, said map shows certain Road and Lanes which are
offered for dedication for public use; and,
WHEREAS, said "SUBDIVIDER" desires to construct dwellings
on the lots in said TRACT NO. 2991;now therefore,
IT IS HEREBY MUTUALLY AGREED by and between the parties hereto
as follows to wit:
11)
In consideration of the approval of said map and the
acceptance on behalf of the public of all Lanes and Road offered for
dedication, that the "SUBDIVIDER" will construct at his own proper
cost and expense within said TRACT NO. 2991 improvements as follows:
FIRST:
Construct City of Campbell Standard Residential
separated walk consisting of Portland Cement Concrete curbs, gutters,
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and sidewalks, together with a City of Campbell Standard Residential
Driveway Approach for each lot, extending from the back ef curb through
the entire width of sidewalk as follows:
On the southerly and westerly, and on the northerly
and easterly sides and all around the circumference of
WHITWOOD LANE~ and
On the northerly side and all around the circumference
of BUCKNALL ROAD~ all for their full lengths and widths
within the subdivision.
SECOND:
Construct City of Campbell Standard Pavement
structures consisting of untreated rock base and asphaltic concrete
in accordance with approved improvement plans, as fo1~ows:
On WHITWOOD LANE for its full width of roadway between
the lips of the proposed gutters, all for its full length
within the subdivision.
On BUCKNALL ROAD fr8Il1. the lip of the .proposed gutter
southerly eighteen (18) feet for the full length within
the subdivision.
THIRD:
Construct City of Campbell Standard Manholes, Catch
Basins, and Storm Sewers.
FOURTH:
Grade all lots to drain into streets.
FIFTH:
Provide and install City of Campbell Standard Monu-
ments, Monument Boxes, and install street name signs and posts as
required by City Engineer.
SIXTH:
Provide and install City ef Campbell Standard E1ectro-
liers Where required by City Engineer.
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SEVENTH:
Provide and install, or cause to be installed,
a water distributien sys~em, including fire hydrants, to serve all
lots within said TRACT NO. 2991.
The number and locatiens of fire
hydrants are to be determined by the Chief of the City of Campbell
Fire Department.
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EIGHTH:
Provide and install Sanitary Sewerage System to
serve all lots within said TRACT NO. 2991.
(2)
All of said imprevements shall be comple~d within
twelve (12) months from the date first above written provided, however,
in the computation of said twelve-month period delays due to or caused
by acts of God, Viz., majer strikes or other delays beyond the control
of "SUBDIVIDER" shall be excluded.
It is expressly understood and agreed that if "SUBDIVIDER"
shall fail to complete the work required by thisagreement within the
said period of twelve (12) months of the date hereof, the "CITY" after
giving ten (IO) days written notice thereof to "SUBDIVIDER", may
complete the same and recover the full cost and expenses thereof
from" SUBDIVIDER" .
(3 )
It is further agreed that all ef said improvements
shall be constructed in accordance with the final plans as approved
by the City Engineer of Campbell, and shall be made under the inspection
and to the satisfaction of the City Engineer.
It is further agreed
that said construction be in accordance with existing ordinances
and resolutions of the City if Campbell, and te all plans, specifications,
standards, sizes, lines, and grades approved by the City Engineer,
and al~ state and County statutes applicable thereto.
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(4)
It is further agreed that the censtruction work of the
Lmprovements embraced by this agreement shall be done in accordance
with the standard specifications of the Department of Public Works,
Division of Highways, state of Califernia, dated January, 1960, and
in accordance with the specifications of the City of Campbell, and
County Sanitation District No.4 where indicated.
Wherever the word "State" or words "Divisien of Highways"
are mentioned in the state Specifications, it shall be considered as
referring to the city ef 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 County Sanitatien
District No.4, the specifications of the City of Campbell and County
Sanitation District No.4 shall take precedence over and be used in
lieu of such conflicting portions.
(5)
It is further agreed that "SUBDIVIDER" shall deposit
with "CITY" upon execution of this agreement, for office checking
of Lmprovement plans, field checking of street monuments, field
checking of Lmprovements, inspection of Lmprovements, and all necessary
expense incurred by "CITY" in connection with the said TRACT NO. 2991
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the sum of SIX HUNDRED SEVENTY TWO DOLLARS ($672.00).
(6 )
It is further agreed that "SUBDIVIDER" shall file with
"CITY", upon execution of this agreement a bond in the amount of
FIFTEEN THOUSAND DOLLARS ($15,000.00) to insure payment for labor and
materials, and a bond in the amount of THIRTY THOUSAND DOLLARS ($30,000.00)
to insure full and faithful performance of the construction of all
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the aforementioned improvement work (excluding sanitary sewers and
water distribution system).
Said bonds shall quarantee that "SUBDIVIDER"
will remedy any defect in the aferementioned
improvements which shall
appear 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 thereef, as well as paying the cost of all labor and
materials involved.
These bonds are to remain in full force and effect
until one (I) year after date of final acceptance of said improvements.
(7) It is further agreed that "SUBDIVIDER" will construct
certain storm sewer facilities as shown on the approved improvement
plans.
(8 )
It is further agreed that engineering estimate has
disclosed that "SUBDIVIDERS" normal connection fee as established by
reso1utien No. 921 will be exceeded by the amount of TWO THOUSAND
SIX HUNDRED NI~ TWO DOLLARS and TWENTY EIGHT CENTS ($2,692.28) said
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amount considered to be reasonable and equitable by the City Engineer.
"CITY" will consider the above amount due and payable to "SUBDIVIDERIt
upon completion and acceptance of improvements within TRACT NO. 2991.
(9)
It is further agreed that "CITY" reserve the right to
revise storm drain design shown on approved improvement plans, prpvided
"SUBDIVIDER" is given reasonable written notice of "CITY'S" intention
to make revisions.
Reimbursement amount will be adjusted by any
difference between revised storm design and presently approved storm
design, in accordance with City of Campbell storm Fee Schedule.
(10)
It is further agreed that "SUBDIVIDER" shall file
with !'CITY" upon execution of this agreement a letter, from County
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Sanitation District No.4 stating that "SUBDIVIDER" has entered into
separate agreement with the said District N8. 4 to install sanitary
sewers to serve all lots within said TRACT NO. 2991, and stating that
a bond to insure full and faithful performance of the construction of
the sanitary sewers and to insure the general quarantee as stated
below in paragraph (II) has been filed.
(II)
It is further agreed that "SUBDIVIDER" shall, upon
written notice thereof, Lmffiediately repair or replace without cost
or obligation to the City of Campbell, and to the entire satisfaction
of said "CITY", all defects and imperfections arising out of or due to
faulty workmanship and/er materials appearing in said work within a
period of one (1) year after date of final completion and acceptance.
(12) It is further agreed that "SUBDIVIDER" shall pay to
City of Campbell THREE HUNDRED NI~ DOLLARS ($390.00) for fire hydrant .~
rental for a period of five (5) years for two (2) hydrants.
Said
rental shall be paid at the time of execution of this agreement.
(13)
It is further agreed that "SUBDIVIDER" shall pay to
Pacific Gas and Electric Company any and all fees required for insta11-
ation of overhead wiring circuit to all electroliers within said
TRACT NO. 2991, when "SUBDIVIDER" is notified by either 'the City
Engineer of Campbell or the Pacific Gas and Electric Company that the
said fees are due and payable.
Electre1iers shall be equipped with
luminaires which include twist-lock receptacles and integral photocell,
as requested by Pacific Gas and Electric Company.
(14)
It is further understood that "SUBDIVIDER" hereby agrees
to make such deposits or file such bonds and enter into such agreements
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as required by San Jose Water Works ~ediately upon recordation of
the map or When called upon to do so to insure the installation of a
water distribuion system, including fire hydrants, to serve each lot
within TRACT NO. 2991.
(IS)
It is further agreed that any easement and right of
way within or without TRACT NO. 2991 necessary for the completion of
the project, shall be acquired by "SUBDIVIDER" at his own cost and
expense.
Ir is provided, however, that in event eminent domain
proceedings are required for the pIUpose of securing said easement
and right of way the "SUBDIVIDER" shall deposit or cause to be deposited
with "CITY" a sum covering the reasonable market value of the land
proposed to be taken and to be included in said sum shall be a reason-
able allowance for severence damages, if any.
It is further provided
that in addition thereto such sums as may be required for legal fees
and costs, engineering and other incidental costs in such reasonable
amounts as "CITY" may require shall be deposited with "CITY".
(16)
It is further agreed that "SUBDIVIDER" shall carry out
any and all negotiations with all interested parties and shall perform
or cause to be performed at his own cost and expense and to the
satisfaction of the City Engineer any and all wcrk required to abandon,
remove, raise, lower, relocate, or otherwise modify irrigation line
or lines within the recorded portions of said TRACT NO. 2991 shall be
the responsibility of the "SUBDIVIDER".
(17)
It is further agreed that "SUBDIVIDER" shall indemnify
and save harmless the City of Campbell, the City Council, and the City
Engineèr and other officers or employees of City of Campbell from any
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suits, claims or actions, brought by any persons for or on account of
any injuries or damages to persons or property sustained or arising in
the construction of the work due to any acts, omissions or negligence
of "SUBDIVIDER", his officers, agents, employees, or contractors.
(IS)
It is further agreed that the above named terms and
conditions shall bind the heirs, successors, administrators, or assigns
of the "SUBDIVIDER".
IN WITNESS WHEREOF, said "CITY" has caused its name to
be hereunto affixed by its Mayor and City Clerk, thereunto duly author-
ized by resoluti.n of the City Council, and said "SUBDIVI.BR" baa her8unt:o
caused his name t:o be aff184 tIae day ael year
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