1300 Harriet Ave. (1979)
RECEiPT
RECEIPT
CITY OF CAMPBELL
CAMPBELL. CALIFORNIA
CITY OF CAMPBELL
CAMPBELL. CALIFORNIA
NAME '---'3 ~ c
/J. ~-¡ .,
~'LL'¿ ~4vC.--
NAME
BARNES-FONTAINE DEVELOP. CO. INC.
ADDRESS ~p c:) ~ / -3 0 9
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ADDRESS
BURLINGAME
FOR Tent. Map Filing Fee
$25.00
Harriet s/o HaClenda
File S.T. *(I7)
~ 7.5"7 éJV
3~ I V 3 b~-
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REVENUE ACCOUNT NO.
REVENUE ACCOUNT NO.
FUND NUMBER
351
0 MONEY ORDER 0 CASH
AUG 31-79 009 ****1S'ttO
DATE AMOUNT
AUG 31-79 65 oo9A ***701.ÐO
AUG 31-79 51 009 A ****56.00
FUND NUMBER
A
602
6ac CHECK 0 MONEY ORDER 0 CASH
11-24
DATE AMOUNT
THIS RECEIPT I
MUST BE MACHINE APR 20 - 79 002 *****25.00
VALIDATED AND
SIGNED BELOW. I APR 20-79 57 oo2A ****25.00
~~-/t'
THIS RECEIPT
MUST BE MACHINE
VALIDATED AND
SIGNED BELOW.
N~
02903
BLa W
CITY CLERK
N~
01052
BY
I J.1 -, ~
. )
/ CITY CLERK
Thank You
CITY OF CAMPBELL
Thank You
CITY OF CAMPBELL
TRACT NO. tdoe8
~genda deadline~ ~genda deadline
Council meeting~ Council meeting
Items needed to meet City Council Agenda deadline for approval
of Final Map:
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Date Rec'd
Sanitation District No.4 (release)
P.G. & E. (easement approval)
P.T. & T. (easement approval)
Improvement Plans (signed by San. Dist. 4)
Final Map (signed and notarized)
Agreement (signed and notarized)
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Bonds:
Faithful Performance
Labor and materials
C. ,C. and R. IS
Gra.~hn~ { dvu\v\Q.ge p\CtIl\
Fees (payable to City):
Final Map filing
Amount
Amount
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Storm Drainage area
8- ~ó -77
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Total
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Fee (payable to County):
Recordi ng
1$7
g- - c«"j (J ~71
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Items needed before Final Map can be recorded:
Tax letter from County Tax Collector
Tax Bond
Subdivision Guaranty
1
ESSE KRENZEL
2 TTORNEY AT LAW
HE TOWERS I, SUITE 311
3 1901 SOUTH BASCOM AVENUE
CAMPBELL, CALIFORNIA 95008
4 ELEPHONE: (408) 377-8893
5 ttorney for Defendants BARRE
L. BARNES, WANDA J. BARNES and
6 BARNES-FONTAINE DEVELOPMENT COMPANY
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8
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
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HE CITY OF CAMPBELL, a
NICIPAL corporation,
Plaintiff,
13
vs.
14 ARRE L. BARNES, WANDA J.
ARNES, ROLAND J. LAFFEN,
LENE J. LAFFEN, JAMES E.
GLEY, PATSY JEAN
GLEY, AL CHANDA, CAROL
HANDA, BARNES-FONTAINE
17 EVELOPMENT COMPANY and
OES I THROUGH L,
18 'nclusive,
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16
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Defendants.
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CASE NO. 603581
NOTICE OF TAKING
DEPOSITION OF
NONNATURAL DEPONENT
CCP Section 2025(d)
TO THE PLAINTIFF, THE DEFENDANTS, AND TO THEIR
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TTORNEYS OF RECORD;
PLEASE TAKE NOTICE that Defendant will take the
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eposition of THE CITY OF CAMPBELL, a municipal corporation,
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13, 1989 at 10:00 a.m. at the law office of JESSE
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26
ENZEL at 1901 South Bascom Avenue, Suite 311, campbell,
alifornia, before a Notary Public.
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1
2 NOTICE IS FURTHER GIVEN that this deposition is noticed
3 subject to the provisions of California Code of civil
Procedure 2025 (d) and that the Deponent must designate and
4
produce at the time of said deposition those of its
5
officers, directors, managing agents, employees, or other
6
agents who are most qualified to testify on its behalf as to
7
the following matters:
8
9
that term is
10
file herein.
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1.
What constitutes *standard street Improvements" as
used in Exhibit A to Plaintiff's Complaint on
12
2.
What negotiations took place between the Plaintiff
and any of the Defendants to this action with respect to
13
setting the amount of the bonds referred to in Exhibit A to
14
laintiff's Complaint on file herein.
22
mprovements* referred to in Exhibit A to Plaintiff's
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3.
The standards employed by Plaintiff in 1978 to
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etermine the amount of any bonds required of developers or
ub-dividers of property within The City of Campbell as a
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ondition to the city's approval of said sub-division or
evelopment.
4.
Any change in the costs of labor or material
21
ssociated with the co~struction of HStandard street
omplaint on file herein between the years 1978 and the
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25
resent time.
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1
2
5.
Any discussions or negotiations between any of the
efendants to this action and The City of Campbell relative
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4
5
6
0 the definition of the term *Standard street Improvements"
s that term is used in Exhibit A to Plaintiff's Complaint.
7
ATED:
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.5 - /7'- ~r
,
/7,/
/' ,//
) -
{. _. ~
.;J; SSE KRENZEL
ttorney for Defendants
BARRE L. BARNES, WANDA J.
BARNES and BARNES-FONTAINE
DEVELOPMENT COMPANY
...------
-.--
PROOF OF SERVICE BY MAIL
THE CITY OF CAMPBELL
Plaintiff,
BARRE L. BÀR~ÊS, et al.
Defendant.
)
)
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CASE NO. 603581
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I am a resident of the County aforesaid; I am over the
age of eighteen years and not a party to the within entitled
action; my business address is The Towers I, Suite 311, 1901
South Bascom Avenue, Campbell, California.
On .s- - /7- Sf ' I served the wi thin
NOTICE OF TAKING DEPOSITION OF NONNATURAL DEPONENT
on the parties in said action by placing a true copy thereof
enclosed in a sealed envelope with postage thereon fully
prepaid, in the United States mail addressed as follows:
WILLIAM R. SELIGMANN
DEMPSTER, MCDONALD & SELIGMANN
20380 TOWN CENTER LANE 9UITE 215
CUPERTINO, CA 95014
DENNIS KOLLENBORN
55 SOUTH MARKET STREET
SAN JOSE, CA 95113
SUITE 1630
I declare, under penalty of perjury, that the foregoing
is true and correct.
Executed on
)-/7- 5 ;7'
,
at Campbell, California.
/ì J~ /'
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WILLIAM R. SELIGMANN, Esquire
DEMPSTER, Mc DONALD & SELIGMANN
2Ø38Ø Town Center Lane - Suite 215
Cupertino, California 95Ø14
Attorney for Plaintiff
CITY OF CAMPBELL
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
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BARRE L. BARNES, WANDA J. )
BARNES, ROLAND J. LAFFEN, )
MARLENE M. LAFFEN, JAMES E. )
LANGLEY, PATSY JEAN LANGLEY,)
AL CHANDA, CAROL CHANDA, )
BARNES-FONTAINE DEVELOPMENT)
COMPANY and DOES I through)
X, inclusive, )
)
)
)
)
AND RELATED CROSS-ACTIONS- )
)
THE CITY OF CAMPBELL, a
Municipal corporation,
Plaintiff,
vs.
Defendants.
Case No.
6Ø358l
DECLARATION OF
LYNN SNYDER
I, Lynn Snyder, declare:
as a Junior civil
1.
I am
currently employed
Engineer in the Public Works Department of the
City of Campbell,
and I
have been employed by the Campbell Public Works Department
for the past nineteen (19) years, of which fifteen (15) have been
1
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1
Engineering Division.
in the
In 1979, on or about the time that
2
the development application of the Defendants
was being reviewed
3
Public Works
Department, I was working as an Engineering
by the
4
Under the supervision of
Aid.
James Penoyer,
I was responsible
5
subdivision
processing
and
development
applications,
for
6
and preparing
recommending conditions of approval,
estimates of
7
the cost
of constructing standard street improvements which were
8
were used
to determine
These estimates
required of developers.
9
the amount of bonding to be required for the project.
2.
At the time of the Defendants' application,
it was the normal
meet with the
and usual
procedure for
me to
developers
their
review
discuss
representative
to
and
or
conditions of approval for their project, and to
the best
of my
recollection
this
with
regard to the
procedure
was
followed
Defendants' application.
At all times, it has been the policy of
the City
street improvements include
of Campbell
that standard
installation of half a
in
project site,
front
of
the
street
including installation
pavement to the center line of
of street
the
curbs,
sidewalks,
driveway, approaches,
street,
gutters,
lighting, landscaping,
and in fact instances, storm drainage, as
well as necessary appurtenances such as
and pull
manhole covers
boxes.
do
not recall a single instance in which
fact,
I
In
installation of such street pavement was not required
as part of
the
standard
improvements.
with regard to Defendants'
street
application, the
estimated
of
constructing
the standard
cost
street
improvements,
which
the
time of the
prepared
at
was
Agreement included the cost of installing the street
pavement to
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1
the center of the street, and all discussions with the Defendants
2
the
best
improvements,
of
required
concerning
the
to
my
of installing the
3
included
the
norma 1
requirement
knowledge,
4
street pavement.
5
To the best of my recollection, I never told
3.
6
of
the
other Defendants, that the half
BARNES,
BARRE
or
any
7
a
representation would
street would not be required,
and
such
8
contrary
to
my understanding of the standard street
been
have
9
improvements which were being required of the Defendants.
4.
Likewise,
that
cost of
I
aware
the
am
installing street
improvements can
fluctuate over
time; and to
the best of my recollection, I never told Defendant BARRE BARNES,
0 r a ny
of the
other Defendants
that the cost of installing the
required
improvements
would
exceed
the
standard
street
not
$9,5ØØ.ØØ
which
originally
estimated
of
for
purposes
was
determining the amount of the Faithful Performance Bond.
5.
I personally prepared the
original estimate
of
the
of
installing
required
standard
street
the
cost
improvements in or around
September of
1979.
The estimate was
for the installation of a half street, including street pavement,
curbs, gutters, sidewalks, driveway approaches, street
trees and
68.lØ% of
the cost of installing a street light.
The reason the
whole cost of the street light was not
charged at
that time was
that there
was a chance that part of the cost would be picked up
by an assessment district.
unit
figures
used
in my
The
cost
estimate were
obtained from
bid sheets
for similar work bid to
the City of Campbell, or other Cities with which the
City shares
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1
2
of
knowledge represents an
best
the
and
bid
sheets,
to
my
accurate estimate for such work.
3
the
information
forth in
set
Based
6.
on
4
I, estimated
of
the
cost
paragraph
5
of
this
declaration,
5
improvements
be
standard
street
to
required
installing
the
6
of the estimate which I prepared in
$9,326.67 in
1979.
A copy
7
1979 is attached hereto as Exhibit A and made a part hereof.
In
8
installing
pavement,
the
street
estimate
cost
of
the
this
9
including paving and excavation, was computed to be $1,821.35 for
2,2Ø7.7 square feet of street.
7.
Using the form used by the City of Campbell
in 1982, and the cost figures
used by
the Department
of Public
Works in
prepared an estimate of the cost of installing
1982, I
the required street improvements as of
1982.
As with
the 1979
estimate,
figures
based
the unit cost for
the
were
on
cost
similar work obtained from bid sheets
for such
work bid
to the
City of Campbell, or other cities, during the time period, and to
the best of my
knowledge represents
the accurate
cost for such
work.
The estimate for the street light was revised to show full
cost, since the assessment district never materialized.
Based on
this
information,
estimated
cost of installing the street
the
improvements in 1982 was
$24,424.19.
major
in the
A
factor
increased cost
was the
increase in
of installing the
the cost
street pavement
to
$13,356.59.
of
the
estimate is
A
copy
attached hereto as Exhibit B, and made a part hereof.
8.
Using the
form currently used by the
City
of
Campbe 11,
and
cost
figures
currently
used
by
the
the
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1
Department of Public Works, I prepared an estimate of the cost of
2
Ma r c h 27, 19 8 9 .
installing the
required street
improvements on
3
two estimates, the cost figures were based on
As with
the other
4
the unit cost for similar work obtained from bid sheets
for such
5
other cities, and to the
City of
Campbell, or
work bid
to the
6
best of my knowledge represents and accurate estimate of the cost
7
splits the cost for
The
new
form,
however,
work.
of
such
8
excavation and paving,
installation of the street
pavement into
9
expressing
total
as
the
cost
simply
than
as
one
rather
previously.
The estimate shows the total cost
of installing the
street
improvements
be
$17,987.74,
with
half street
the
to
accounting for $4,856.95 of the
of this
total
A
cos t.
copy
estimate is attached hereto as Exhibit C, and made a part hereof.
9.
It is my understanding that "standard street
improvements" required
public agencies
in Santa Clara
by other
County include
the installation
of a street pavement as well as
installation of curbs, gutters,
driveway, approaches, sidewalks,
lighting
landscaping,
and
dra i nage
facilities
as
storm
and
necessary.
lØ.
The only other people
in the
Public Works
Department
who
would
have
been
assigned
the Defendants'
to
application
with
regard
the
requirement
for
street
to
improvements would
have been
James Penoyer and David Valkenaar,
and to the best of my
knowledge they
are the
only other people
who
have
spoken
any of the Defendants concerning this
to
may
matter.
I have examined Plaintiff's Exhibit D
to the Deposition
of
Defendant
BARNES,
and
find the photograph marked as
BARRE
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Exhibit D-2
is David Valkenaar, the photograph marked as Exhibit
2
3
D-3 is James Penoyer, and the photograph marked as Exhibit D-l is
me.
4
5
6
I declare
is true and correct.
7
8
1-(18/89
Dated:
9
under penalty
of perjury that the foregoing
~ ,yV¡'v '~t..( j ~)/L-
LY N SNYDER /
6
'\
COSNTRUCTION COST ESTIMATE FOR
TRACT NO. 6608
FUTURE IMPROVEMENTS
Concrete
Curb and gutter:
Res./Coml. Sidewalk: .
122.7 LF @ 7.50 = $ 920.25
328.3 SF @ 3.50 = 1 ,149.05
541.5 SF @ 5.00 = 2,707.50
Driveway approach:
Pavement (TI=6, R=40)
A.C. :
(2,207.7 SFh $0.15)( 5;211)
=
1,821.35
Miscellaneous
Electrolier:
0.681 EA @ 2,000.00
Street trees (15 gallon):
2 EA @
75.00
= 1,362.00
= 150.00
$8,11 O. 15
1,216.52
$9,326.67
Sub-Toal:
15% Contingency:
TOTAL:
Faithful performance bond $9,500
Labor & materials bond
$4,750
Plan exam. & constr. insp.$ 326
Storm drainage area
$ 701
By: L. Snyder
Uate: 7-18-79
EXH,'-tlIÐU'f,.rr ().. r)[J ~o"f---L-
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'tiÁ' ' ¡J" 1- '-"
(
CPHSTRUCT/ON COST EST/HATE rOR
fl~r ~Bz.9 - (Y1/(#t!f'$
I':/~ HA~RJEr Ave.
"8 2.. €-.srIMAT~
Surfacr ConstructIon
(Irarlng and GrubbIng
Sawcut Concrrte
Lump Sum
lo F. II $ 3.50
Concretl! Remova I
s.r. II 2.50
lor. II 8.00
EA. II 400.00
~.1...J.F. tI 12.00
30.).3 S.F. (I 4.00
Curb and Cutter Rrmoval
Inlot Drain wIth PIpe
Curb and Cutter
SIdewalk
Driveway Approach
51;
6.00
S.L (I
Handicap Ramp
BarrIcade
EA. II 600.00
7 lor. (I 40.00
(2¡lL>7."1S.r.) (SUO) (~-)
I EA. II 400.00
A.C. Pave'~nt Inc. ExcavatIon
Adjust HIInhole to Grade
Adjust Handhole to Grade
EA. tI 300.00
EA. tI 300.00
Honument Box w Monumrnt
Street Tree (15 gallon)
:z..
EA. II 175.00
Pavement Striping
lor. II
O.BO
Pavement Legends
StoP. Street Name or Other Sign
EA. II 100.00
EA. (I 100.00
EA. (I 12.00
lo r. (I 5.00
Pavement Markers
Pavement Key Cut
Street LIghting
Elrctrol ler I EA. tI 3.000.00
Conduit lor. fI 9.00
Conductor. pair . lo r. fI 3.00
Pull Box I EA. fI 250.00
Storm Oralnaqe
12" or IS" RCP
lor. (I
45.00
18" or 21" RCP
lor. fI
55.00
Street Inlet
EA. II 1.000.00
EA. fI 1.200.00
Manhole
8reak and Enter Manhole
EA. fI
SOO .00
fXHlB\T LQ&:. .~"',,: of~
TOTAL ESTIHAH
USE fOR BOND
Datr ~.I~8~.-
By..!. $NY.N:=/(.
. s IJðOO.t>O
---
1.4-1Z.4D
-
/.2./3.zD
.
3. 102..00
Z8D.tJO
/3.3S6.S'9
f.tX> . 00
.~50.00
3.000.00
-
2.50.00
s ;¿4-. "'Z<f-./~
.
$
Address
/300
CITY OF CAMPBELL, CITY ENGINEER'S CONSTRUCTION COST ESTIMATE
HAA-ß/¡;' T AV"~
Surface Construction
Clearing & Grubbing
Sawcut Concrete
Concrete Removal
Curb & Gutter Removal
Inlot Drain with Pipe
Curb & Gutter
Sidewalk
Driveway Approach
Handicap Ramp
Extruded Curb
Barricade
Street Excavation
AC Pavellent
Adjust Manhole to Grade
Adjust Handhole to Grade
Monument Box w!Monument
Street Tree (IS-gallon)
Pavement Striping ($100 lIin)
Pavement Legends ($100 min)
Stop, Street Name or Other Sign
Pavement Markers
Pavement Key Cut
Lump Sum Estimate
LF@ $ 4.00
SF @ 3.00
LF@ 5,00
EA@ 600.00
/ ZZ . ï LF @ 14.00
,~. 3 SF @ 4.00
~,' SF @ 5.50
EA@ 400,00
LF@ 8.50
Permi t No.
by.LS.-date .}'.2V89
- $ J,2..00.00
- $
- $
~ LF @ 50,00 - $
1..2.::lD"l.'7SF)X($O.IO)x(d") - $
.
l2.2oì'."1SF)X($0.30)x(d") - $
1
EA@ 37 5,00
EA@ 275,00
EA@ 600,00
EA@ 300.00
LF@ 0,65
EA@ 40.00
EA@ 120.00
EA@ 15.00
LF@ 10,00
- $
- $
- $
- $
- $
1,1 .., 17 .80
I. 2. J.3 . :to
2..
- $
- $
~ g4-.3. 5'0
- $
- $
.3S"O.DD
J.2.I+.2.4-
,3, ,q..~. '71
3' 5". /.>0
- $
- $
, O{). DC>
- $
- $
- $
- $
- $
- $
- $
Surface Subtotal" S" - $ J.~.' 15' ~ .4-S
Adjust for size: "S"<$30,OOO add 20', "S">$IOO,OOO subtract 10\ (+ or -) $ :1..&3/.29
Street Li2htin"
Electrolier
Conduit
Conductor, pair
Pull Box
Storm Draina"e
12- or IS" RCP
IS. or 21" RCP
Street Inlet
Manhole
Break & Enter Manhole
EXHIB!T-L,nÖ::ia8d 6{S8 nf--L
EA@ 2,000.00
LF@ 10,00
LF@ 2.00
Ea @ 200.00
LF@
60.00
LF@
70.00
EA @ 1,600.00
EA @ 2,400.00
EA@
650.00
- $ 2.. DDCJ .00
- $
- $
- $
.260.00
- $
- $
- $
- $
- $
- $
- $
TOTAL ESTIMATE
$ /7. ~B 7. 74-
$
USE FOR BOND
1
2
3
4
5
6
7
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24
WILLIAM R. SELIGMANN, Esquire
DEMPSTER, Me DONALD & SELIGMANN
2Ø38Ø Town Center Lane - Suite 215
Cupertino, California 9SØ14
Attorney for Plaintiff
CITY OF CAMPBELL
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
)
)
)
)
)
)
)
BARRE L. BARNES, WANDA J. )
BARNES, ROLAND J. LAFFEN, )
MARLENE M. LAFFEN, JAMES E. )
LANGLEY, PATSY JEAN LANGLEY,)
AL CHANDA, CAROL CHANDA, )
BARNES-FONTAINE DEVELOPMENT)
COMPANY and DOES I through)
X, inclusive, )
)
)
)
)
AND RELATED CROSS-ACTIONS. )
)
Case No.
6Ø3581
THE CITY OF CAMPBELL, a
Municipal corporation,
DECLARATION OF
DAVID VALKENAAR
Plaintiff,
vs.
Defendants.
I, David Va1kenaar, declare:
1.
I am currently employed as the City Engineer
25
26
of the City of Foster
City,
and
have
been
employed since
so
September of
1988.
In my present position, I am responsible for
27
28
all aspects of the Public Works Department except the Maintenance
1
1
2
3
4
5
6
7
8
9
10
11
12
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Division.
2.
Prior to
coming to work for Foster City, I
was employed as an
Associate
Civil
Engineer
for
the
City of
Campbell
for
twenty-four
(24)
In 198Ø my assignments
years.
included
handling street improvements that were required
by the
City of the developers.
3.
Before
coming
work
for
the City of
to
Campbell, I was an Engineering Aid in the
city of
Mountain View
for one (1) year; and prior to working in Mountain View, I was an
Engineering Aid for three (3) years in the City of Downey.
4.
Subsequent
to
being
assigned
to handle
street improvements
in 198O, I undertook to find out what street
Improvement Agreements had not yet been performed.
Upon learning
that none
of the
Street Improvements required of the Defendants
with respect to tract number 66Ø8
had been
installed, I
sent a
letter to
the Defendants
about June 22, 1981, by regular
on or
Road,
Burlingame,
California
94Ø16,
ma i 1, at 1475 Rollings
notifying them to install
with their agreement with
the street improvements in accordance
the City.
This
letter was returned
unopened.
The letter
was resent
to the
Defendants on July 2,
1981, by
Certified
Mail,
226Ø
San
Juan
Road, Cupertino,
at
22
23
California 95Ø14.
On or about July 28, 1981, another copy of the
Mail
to
the
Defendants
at lØ63l
letter was sent by Certified
24
South Foothill Boulevard, Cupertino, California 95014.
A copy of
25
the letter is attached
hereto
Exhibit
and
made
a part
as
A
26
hereof.
Copies of
the Receipts for Certified Mail are attached
27
hereto as Exhibit B and made a part hereof.
28
2
1
2
3
4
5
6
7
8
9
10
11
12
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28
5.
Within
weeks
after
mailing
the
a
few
aforementioned letter, I received a telephone call from Defendant
BARRE BARNES,
in wh i ch
he acknowledged that he had received the
letter requesting installation of the street
improvements.
This
conversation
first
contact with any of the Defendants.
was
my
Several
conversations
extending
several
months followed
over
this
initial
and
in
each conversation, Defendant BARNES
one,
affirmed
his
commitment
install
the
street improvements.
to
Defendant
BARNES
did,
indicate
that
he
was having
however,
trouble obtaining the cooperation of the remaining Defendants.
6.
At no time did
represent to
any 0 f
I ever
the
Defendants
that
the
required
street improvements did not
require installation of a half street.
In
fact, I specifically
represented to
Defendant BARRE
BARNES that
the required street
improvements did include installation of a
half street.
During
my tenure
a t the
City of Campbell it has been the City's policy
that "standard street
improvements"
include
installation
of a
half
in
of
the proposed development, as well as
street
front
installation of curbs,
gutters,
sidewalks,
driveways, lighting
and
landscaping;
and
not
of any reason that the
I
am
aware
Defendants'
development
wou ld
have
been
treated differently.
Likewise, it
is my
understanding that the term "standard street
improvements," as
used
by
public
agencies,
normally includes
installation of the street in front of the development.
7.
Similarly,
at
time,
I
never,
any
represented to any of the Defendants that the
cost of installing
the street improvement would not exceed $9,SØØ.Øø.
3
10
11
12
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20
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22
23
24
25
26
27
28
1
When
work had commenced on the street
8.
no
2
improvements by May of 1982, I sent the Defendants a letter by
Certified Mail on or about May 25, 1982 to 226Ø San Juan Road,
Cupertino, California 9SØ14. The letter, a copy of which is
3
4
5
as Exhibit
C, and
made a part hereof, reminded
attached hereto
6
improvements
required
to be
the
street
Defendants that
were
7
1982.
Receipt
bearing the
of
A
Return
by
completed
June
8
returned to
the City of
signature of Defendant WANDA BARNES was
9
1982,
indicating
receipt of the letter.
in
June
of
Campbell
Copies of the Return Receipt and
the Receipt
for Certified Mail
are attached hereto as Exhibit 0, and made a part hereof.
9. The only people in the Public Works
Department to deal with Defendants concerning the street
improvements, besides myself, were James Penoyer and Lynn Snyder.
I have examined Plaintiff's Exhibit 0 to the
Deposition of BARRE
BARNES, and find that the photograph designated as Exhibit 0-1 is
Lynn Snyder; the photograph designated 0-3 is James
Penoyer; and
the photograph designated 0-2 is me.
I
declare
under
penalty
of
perjury that the
foregoing is true and correct.
Dated:
«(¡rlt")
(
~ß
-----
4
C I T Y 0 F C A M () BEL L
75 NORTH CENTRAL AVENUE
CAMPBELL, CALIFORNIA 95008
(408) 378-8141
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Department:
Public Horks
NDLING
June 22, 1981
DIAl
.! f :,Ef1l(;ð29
I
CASE
Barre L. and Wanda J. Barnes
Ronald J. and Marlene M. Laffen
James E. and Patsey Jean Langley
Al and Carol Chanda
c/o Barnes-Fontaine Development Co.
1475 Rollins Road
Burlingame, CA 94016
V' I
~2-)P-J
RE: Street Improvements, Tract 6829
(formerly Tract 6608), Harriet Avenue
S/O Hacienda Avenue
IrP
Gentlepersons:
You are hereby notified to have complete street improvements installed
on Harriet Avenue of Tract 6829 and to have such construction completed
within twelve (12) months of this date.
On September 4,1979, you entered into an agreement with the City of
Campbell, relative to the construction of street improvements on
subject tract. That agreement specifies, among other things, that you
IIshall provide and construct and/or install at his own proper cost and
expense, standard street improvements...when notified to do so by the
City Engineer. II The agreement further specifies that the street
improvements shall be constructed and/or installed within twelve (12)
months of this notification.
In order to proceed with the construction, you will have to submit
three sets of improvement plans, an Excavation Permit application and a
$25 application fee to this office. A permit fee and cash deposit must
be paid before proceeding with the work.
An Excavation Permit application form is enclosed for your use.
feel free to call us if you have any questions.
Very truly yours,
JOSEPH ELLIOTT
Dir~f Public Works
David N. Va1kenaar
Associate Civil Engineer
P1 ease
.
. -
.
DNV : 1 bp
cc~ Lou Jones & Associates,
Re bond #LO5-041856
\
594 Howard St.. 3rd floor, S.F. 94105
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CITY OF CI\M (JUELL
75 NORTH CENTRAL AVENUE
CAMPBELL. CALIFORNIA 95008
(408) 378-8141
Department:
Public Horks
NDlING
DIAZ I_.
June, 22, 1981 CASE I "~'r1l4t2'è.
I _.~
, 'r; ~~
r'C~ l) 7/2-)'11 If
RE: Street Improvements, Tract 6829
(formerly Tract 6608), Harriet Avenue
S/O Hacienda Avenue
Barre L. and Wanda J. Barnes
Ronald J. and Marlene M. Laffen
James E. and Patsey Jean Langley
Al and Carol Chanda
c/o Barnes-Fontaine Development Co.
1475 Rollins Road
Burlingame, CA 94016
So. .-
RECEIPT Fo-~3c~ 29,,- I
NO II-'.SUUI-.'c- AT/FlED MA!;' ,
NOT f'ëi:cì~~~:~f:,G~,PRaVtoEíJ- ' notifi ed to have complete street imp
~-~~~~:. Pev€~~~~AL MAIL mue of Tract 6829. and to have such co
ßa!nès-F t.' (12) months of thlS date.
co"§~}~f"-~::¡hn;7~~"-~ 4, 1979, you entered into an agreement
UÞèrt"(rí'6-'-é~)E- ative to the construction of street im.
f;~~~~_--' 95074 j~ a~~a~o~~~~~~~n~n~j~~if~~~~l~m~~gh~~h;
~"-:;CC"'-.= _s~=: ,~~~rd T~~r:~;e~~~~~V~:~~~:~ - ~;~~~f~~~ii~:
I~' ~-- L .c-,.--- C j shall be constructed and/or installed \'
:::: ~' " "', Oi'i --. !^is notification.
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.... '-¡L",SHJrlTOW'C
;;: ~ Q;: I PEU"<'D ~~v A;\ú DATE
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8 !;:::S~J~
¡ I:x' IAD:",i~n~(~ g::t Aha
I 'R[H,::E~ [~ü-;,¡~/ WITH
~STA.GE A.Ne FEES
OSTWARK OR OA. TE
Resent 7-28-87
7p
$
oroceed with the construction, you will
~ of improvement plans, an Excavation Permi
tion fee to this office. A permit fee an
~ ore proceeding with the work.
f 'on Permit application form is enclosed fo
to call us if you have any questions.
Very truly yours
JOSEPH ELLIOTT
Dir~f Publ;
David N. Valkenaõ
Associate Civil E
No.
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cc: Lou Jones & Associates. 594 Howard St.. 3rd floor, S.F. 94105
Re bond #LO5-041856
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(.ITY (IF C;\l\lIJIIELL
75 NORTH CENTRAL AVENUE
CAMPBELL, CALIFORNIA 95008
(408) 378-8141
Huon
t;'::lN,:>
Department:
Public Works
DIAl
i, ;; ~CP"
--J_~ 1;~~~ :-~ ./
: 0/ ~-
1-;--- -
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May 25, 1982
C/,S[
Barre L. Barnes and
Wanda J. Barnes
c/o Barnes-Fontaine
2260 San Juan Rd.
Cupertino, CA 95014
Development Co.
SUBJECT:
TRACT 6608/6829 -- BOND #LO5-041B56
Dear Mr. and Mrs. Barnes:
I'
~
We are writing regarding the street improvements
tract. We previously advised you that this work
by July, 1982. We are aware that there has been
pulled as yet for the work. Please advise us of
completion of construction.
on the subject
must be completed
no excavation permit
your plans for
As indicated previously, should the work not be started soon we
will be calling in your bond with Lou Jones and Associates to
cover the cost of construction.
Very truly yours,
JOSEPH ELLIOTT
DI?-ECTOR OF PUBLIC WORKS
I
. " /l,lj......ec.j 8"
0: j=!n~\V&::,"~ )
By DAVID N. VALKENAAR
ASSOCIATE CIVIL ENGINEER
DNV: Ip
cc:
Lou Jones & Associates
..
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(IF CA1\'iI'11ELL
75 NORTH CENTRAL AVENUE
CAMPBELL, CALIFORNIA 95008
(4081 378.8141
Department:
Public Works
Barre L. Barnes and
Wanda J. Barnes
c/o Barnes-Fontaine
2260 San Juan Rd.
Cupertino, CA 95014
May 25, 1982
Development Co.
SUBJECT:
TRACT 6608/6829 -- BOND #L05-041856
Dear Mr. and Mrs. Barnes:
We are
tract.
writing regarding the street improvements
We previously advised you that this work
~e that there has been
Please advise us of
~~-
v.. f;: ~T"D;.R; C<>mpl." ;:<;"" 1 1 ~' 3
~ A<\,~ ~ou, Ir<!dr='; Ù:. '""F:f.7URN ro-
;;:¡ noVc' "",, II >aa <XI,
(T' ¡ - 111(' loU."..¡!'!: 3'-1-vk-r ¡¡ req-~ed (~~ oat.)
.- 0 $h~' to ...horn .md date- -rldivcrr:i
;- ~<'h ...........-f
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Silo,,- ;,. \ ~¡OII'. ~hd d3tc d"[¡, -,c-'
0 RESHJC"¡ ED DELIVrlt';' _.~. ...........- t
Show \" ",'hom, é;¡t~, >lDcl ~':;t'~ of¿divCI)'.S-
UNA9L E 'U) D[ L IV (~ 8aCA U$E :
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n---
Cf,SE
on the subject
must be completed
no excavation permit
your plans for
hould the work not be started soon we
~d with Lou Jones and Associates to
jtion.
Very truly yours,
JOSEPH ELLIOTT
DIRECTOR OF PUBLIC we
OrolginQI~ned By
By DAVID N. VALKENAAR
ASSOCIATE CIVIL ENGIN
s
P 300 6 1 7 4 5 0
I
RECEIPT FOR CERTIFIED MAIL;
NO INSURÞ.NCE COVERAGE PROVIDED-
NOT FOR INTERNATIONAL MAIL
(See Reverse)
SENTTO
~~EÉ~~::¥ßß~~~{t~o \
;2hO_San-Juan..Rd
u,ŠTþ-E AND ZIP CODE
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25
26
27
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1
WILLIAM R. SELIGMANN, Esquire
DEMPSTER, Mc DONALD & SELIGMANN
2038Ø Town Center Lane - Suite 215
Cupertino, California 95Ø14
2
3
4
Attorney for Plaintiff
CITY OF CAMPBELL
5
6
7
8
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
IN AND FOR THE COUNTY OF SANTA CLARA
)
)
)
)
)
)
)
BARRE L. BARNES, WANDA J. )
BARNES, ROLAND J. LAFFEN, )
MARLENE M. LAFFEN, JAMES E. )
LANGLEY, PATSY JEAN LANGLEY,)
AL CHANDA, CAROL CHANDA, )
BARNES-FONTAINE DEVELOPMENT)
COMPANY and DOES I through)
X, inclusive, )
)
)
)
)
AND RELATED CROSS-ACTIONS. )
)
THE CITY OF CAMPBELL, a
Municipal corporation,
Plaintiff,
vs.
Defendants.
Case No.
603581
DECLARATION OF
JAMES PENOYER
I, James Penoyer, declare:
1.
I am a Engineering Technician, and have been
Public
Works
in
the
employed
by
the
City
of
Campbe 11,
From the date of my first
Department, since
February of
1977.
employment until the present, my duties
have included processing
1
7
8
9
10
11
12
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4:
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1
subdivision
and
development
applications,
and
recommending
2
conditions of approval.
3
2.
Prior to
employment
with
my
the
City of
4
Campbe 11,
I
worked
Engineering
Assistant from 1963 to
as
an
5
February of 1977 for
the City
of Mountain
View.
While at the
6
City
of
Mountain
View,
my
duties included surveying, project
inspection, street improvement design,
processing of subdivision
maps,
and
street
improvement
preparation
and
processing
of
agreements.
3.
From
1961
1963,
to
worked
I
as
an
Engineering Assistant for the City of Daily City, where my duties
included
drafting,
filing,
surveying
and
maintaining
of
improvement plans.
4.
On November
8, 1978, the Defendants in the
above-entitled action filed an
application
with
the
City of
Campbell to
construct four
(4) homes, and subdivide an existing
lot.
condition
As
of
approva 1
a
of
the
subdivision, the
Defendants were
required to provide for installation of standard
street improvements, including street
pavement to
the center of
the street,
curbs, gutters,
sidewalks, and lighting in front of
the proposed project pursuant to the
provisions of
the Campbell
Municipal
Code
which
are
presently codified in Municipal Code
Sections 11.24.Ø4Ø and 2Ø.68.ØlØ.
5.
In accordance
with
the
conditions
of the
City,
the
Defendants
executed
providing
agreement
for
an
installation of the
standard
improvements
street
on
or abou t
September
4,
1979.
I
have examined Exhibit A of Plaintiff's
2
z
z
i ~ 13
~ ~ Æ;!
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1
omplaint
of
and
Plaintiff's
Exhibit
Deposition
the
to
A
efendant BARRE L. BARNES and find them to be true
copies of the
2
3
greement executed
Defendants, and which was prepared by
by the
4
e.
6.
Based
execution
5
of
the
Improvement
on
the
City
6
Campbell
Council
greement,
adopted
a
resolution
7
approving the Defendant's subdivision on September
A
25, 1979.
8
copy of
the Resolution is attached hereto as Exhibit A, and made
9
a part hereof.
10
7.
At the time of
the Defendants' application,
11
well
as
through
present,
it was the normal and usual
the
as
12
procedure
or
their
wi th
for
developers,
the
to
meet
me
representative, to
review and discuss conditions of approval for
their project, and to the best of my knowledge this procedure was
followed
with
regard
Defendants' application.
the
At all
to
17
time s, it has been the po 1 i cy
standard street improvements
street in front of the project
installation of
City
of
the
of
Campbell that
include
installation
of
half a
site, including
18
19
steet
the
center
of
the street, curbs, gutters,
pavement
to
20
s idewa lks,
and
in
driveway
lighting,landscaping,
approaches,
21
some instances, storm drainage, as well as necessary appartances.
22
In fact, I cannot recall a single instance
in which installation
23
of such
street pavement was not required as part of the standard
24
street improvements.
with regard to Defendants' application, the
25
estimated cost
of constructing the standard street improvements,
26
which was
of the
Agreement, included the
the time
prepared at
27
cost
of
installing
pavement
to the center of the
the
street
28
3
10
11
12
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24
25
26
27
28
1
street, and
all discussions
with the
Defendants concerning the
2
required improvements would therefore
have been
consistent with
3
the normal requirement of installing the street pavement.
4
8.
During my tenure as an employee at the City
5
of Mountain View and Daily City, it was
also my
experience that
6
"standard
improvements"
required of developers included
street
7
street pavement installation.
8
Given my understanding that
9.
standard street
9
improvements have
always included installation of a half street,
I do not
believe
any
of the
that
told
I
BARRE
BARNES,
or
Defendants, that the street pavement would not be required, and I
do not recall ever representing that
such street
pavement would
not be required.
10.
Similarly,
aware
that the cost of
I
am
installing
improvements
over
time; and
fluctuate
street
can
consequently, I
do not
believe, and
do not recall, that I ever
told BARRE BARNES, or
the Defendants,
any of
tha t the
cost of
installing
required
standard street improvements would not
the
exceed the originally estimated cost
$9,500.0Ø,
and
of
such a
representation would be contrary to my normal practice.
11.
other people in the Public Works
The only
Department
who
assigned
to
the Defendants'
wou 1d
have
been
appli cati on
requirement
street
with
regard
the
for
to
improvements would have been Lynn Snyder and David Valkenaar, and
to the
they are the only other people who
best of
my knowledge
may have spoken to any of the Defendants
concerning this matter.
I
have
examined
Plaintiff's
the Deposition of
Exhibit
D
to
4
6
7
8
9
10
11
12
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22
23
24
25
26
27
28
1
0-1 is
2
3
me.
4
Lynn Snyder,
and the photograph marked as Exhibit 0-3 is
I declare
under
foregoing is true and correct.
5
Oa ted: C,)Il. ~L I Ö'-, 1'1 ð ¿/
I
penalty
perjury
of
that the
/J
, tÂ-t-l £.-1..' ¡ C""Úé'5-:
JA ES PENOYER
,--
5
'-, ~ J
- . ',~..L
RESOLUT ION NO. 5652
BEING A RESOLUTION APPROVING FINAL MAP OF TRACT NO.
6608. HARRIET AVENUE SOUTH OF HACIENDA AVENUE AUTHOR-
IZING THE MAYOR TO SIGN THE PROPOSED AGREEMENT.
WHEREAS, there has been submitted to the City Council of the City of
Campbell a final map of Tract No. 6608, Harriet Avenue South of Hacienda
Avenue, for approval;
WHEREAS, an agreement, approved by the City Attorney as to form,
which covers certain conditions of approval of said map, has been
presented; and
WHEREAS, the City Engineer has certified that the map conforms to
Subdivision Map Act and City Ordinance;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Campbell that said map be and the same is hereby approved and that any
real property offered for dedication for public use is accepted on be-
half of the public in conformity with the terms of the offer of dedication.
BE IT FURTHER RESOLVED that the Mayor be and he is hereby authorized
to execute said agreement on behalf of the City of Campbell.
PASSED AND ADOPTED this
following vote:
25th day of September
, 19.11-, by the
AYES:
Councilmen:
Doetsch, Hammer, Chamberlin, Podgorsek, Paul
NOES:
Councilmen:
None
ABSENT:
Councilmen:
None
tv',;,':¡W'" ~'I.~
f. 1If. If,.. ä
.. . '; ,r; .1
, ." . ... .,
It nrv
I
n.f:
I
Mayor
ATTEST:
~ . /(ì/ / '
~{f, Lt.-c¿£.é~
Phyl IS O. Acker City:C;:rk
It
7
DA T!D
1
2
3
4
5
6
7
8
9
10
11
12
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27
28
WILLIAM R. SELIGMANN, Esquire
DEMPSTER, Mc DONALD & SELIGMANN
20380 Town Center Lane - Suite 215
Cupertino, California 95014
Attorney for Plaintiff
CITY OF CAMPBELL
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
)
)
)
)
)
)
)
BARRE L. BARNES, WANDA J. )
BARNES, ROLAND J. LAFFEN, )
MARLENE M. LAFFEN, JAMES E. )
LANGLEY, PATSY JEAN LANGLEY,)
AL CHANDA, CAROL CHANDA, )
BARNES-FONTAINE DEVELOPMENT)
COMPANY and DOES I through)
X, inclusive, )
)
)
)
)
AND RELATED CROSS-ACTIONS. )
)
THE CITY OF CAMPBELL, a
Municipal corporation,
Plaintiff,
vs.
Defendants.
Case No.
603581
DECLARATION OF JIM FERGUSON
AS TO MEANING OF "STANDARD
STREET IMPROVEMENTS" AS USED
IN REAL PROPERTY DEVELOPMENT
I, Jim Ferguson, declare:
1.
I am currently a civil engineer employed by
been so employed
and have
HMH, Inc., as an engineering manager,
The firm supplies
for the
past one
and one-half (1 1/2) years.
1
1
2
3
4
5
6
7
8
9
10
11
12
z
z
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19
20
21
22
23
24
25
26
27
28
engineering,
planning
and
surveying
services
to
a number of
private land developers and public agencies in the
San Francisco
Bay Area, as well as the San Joaquin Valley.
At the present time
the firm is
rendering services
to developers in
under contract
the following
agencies, among
others: City of San Jose, City of
Vallejo, City of Pleasanton, City of Sunnyvale, City
of Mountain
View, City
of Brisbane,
City of Hayward, City of Half Moon Bay,
City of Los
City
City
Carmel Valley,
of
Fremont,
of
Gatos,
Redwood City, City of Los Banos, City of Watsonville, City of San
Leandro, and the County of Alameda.
addition
Firm is
In
the
working under
among others,
the City of San Jose,
contract to,
City of
Brisbane, City
Clara, Cal
Trans, Santa Clara
of Santa
County
Traffic
Authority,
and
the Redevelopment Agency of the
City of San Jose.
2.
Prior
working
I was
for
HMH,
Inc.,
to
employed
for
twenty-eight
(28) years as a civil engineer
over
with the City of
Of
those twenty-eight
(28) years,
San Jose.
fifteen
directly
related
setting conditions of
(15 )
were
to
Improvements on developments within the City's jurisdiction.
For
seven (7)
served as Assistant Director of Public Works
years, I
with oversight responsibility
developments
being processed
for
and developed,
and for approval standard street construction for
these developments.
3.
Based on my experience
in public
works and
real property
development, it
is my understanding that the term
"standard street
improvements" as
commonly used
in Santa Clara
County
with
regard
improvements
required of developers by
to
2
1
2
3
4
5
6
7
8
9
10
11
12
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24
25
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27
28
of
the
includes the installation of the street in front
but
public agencies
pro posed
installation
of
development,
including
not
limited to,
street
pavements,
curbs,
gutters, sidewalks,
lighting and drainage.
I declare
under
foregoing is true and correct.
Dated:
i h,! f f 1
I I
penalty
perjury
that the
of
3
Lump Sum Estimate
LF@ $ 4,00
SF @ 3.00
LF@ 5.00
EA@ 600.00
, 22 . ï LF @ 14.00
.~.3SF @ 4.00
~/'7 SF @ 5.50
EA@ 400.00
LF@ 8.50
'7 U@ 50.00 - $
c:z .::zo"l. "l SF)X($O.lO)x<.:L!--) - $
.
(2. :u>"'J."1 SF)X($0.30)x(Ú") - $
1 EA@ 375.00 - $
EA@ 275.00 - $
EA@ 600.00 - $
2.. EA@ 300.00 - $
LF@ 0.65 - $
EA@ 40.00 - $
EA@ 120.00 - $
EA@ 15.00 - $
LF@ 10.00 - $
CITY OF CAMPBELL, CITY ENGINEER'S CONSTRUCTION COST ESTIMATE
Address
/300
HÂA.A/¡;' r AI/~
Surface Construction
Clearing & Grubbing
Sawcut Concrete
Concrete Removal
Curb & Gutter Removal
Inlot Drain with Pipe
Curb & Gutter
Siclawalk
Drivewey Approach
Handicap Jlaap
Extruclad Curb
Barricacla
Street Excavation
AC Pave_nt
Adjust Kanhole to Grade
Adjust HsncShole to Gracia
Konuaent Box w!Konwaent
Street Tree (15-gallon)
Paveaent Striping ($100 .in)
Pavement Legencla ($lOOmin)
Stop, Street Name or Other Sign
Pavement Harkers
Pavement Key Cut
Surface Subtotal
OS'
Adjust for size: "S"<$30,OOO add 20\. "S">$lOO,OOO subtract 10\ (+ or -) $
Street Lio:htinl!
Electrolier
EA@ 2,000.00
U@ 10.00
LF@ 2.00
Ea@ 200.00
Conduit
Conductor, pair
Pull Box
Storm Drainal!e
12- or 15" RCP
U@
LF@
60.00
18. or 21" RCP
70.00
Street Inlet
EA@ 1,600.00
Kanhole
EA @ 2,400.00
Break & Enter Hanhole
EA@
650.00
Permit No.
by.LS-date -¥.:z~
- $ 1;.2..00.00
- $
- $
- $
- $
- $
I) .., 1"7.80
/2/3.2.0
.
Äv ~4~.S"O
- $
- $
- $
- $
35"C.OO
1.2.1+.2.4-
3, ",q..Z. 7/
-
3"JS".ðO
" (){).CJC>
- $
- $
- $ / ~, ,~' .4-S
.
:¿.¿;,31.2.'
.
- $ .:z. Dðð _ðD
- $
- $
- $
- $
2.bO.l:JO
- $
- $
- $
- $
- $
- $
TOTAL ESTIMATE
$ I ì, ~ß 7. '7<1:-
$
USE FOR BOND
revised 6/88
f/con-cost-..t
--. --- ----------
tiT}! OF CAMPBEll
---".
I ~::;:~=r=" q
---~
I
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--~ A H
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
Department:
Public Works
TRANSMITTAL FROM THE OFFICE OF THE CITY ENGINEER
Date:
2/2.l3/~'3
I .
To:
8/11
5~/¡tjW1a Y1¥1
Attention:
Reference:
SUBJECT:
BA~Né.s (AWSUlt
/982.. t /981- e-STIMA-res
I/'Vfl3j(Þ¡:F /Cé-
We are forwarding via: mail ~ messenger separate cover
enclosed- attached~ other -
The following:
éSTIMAre5> FOR 8A/-!.Né's /MPßôVéÞlt!!'Al73 A- T
13ðD I-JA/l,têI€T AVe.
A-S
mEY WôUt.h HAve ßéEN ~LCUCAréb
IN
/ ~ 82.
f /984
P6f.
yov~
Jeff Q VéST:
Remarks:
7J.I.p
/~A.2 eSTIMATE Fð/iM lAßéLEh
"ÆéVI.seb
I /2.1:>/ B.2 I' IN
,
THe LóW€/f!.
¿EFT (!L)J(Nel{
Æ-PP€A¡t¿.S 7b /-lAVe
~éEN
IN
use
UP
UNTIL' 71-1£
h I<€VI.sé.1:>
"
31t 2.. / !!y¡..
I I
E-5TJ MArE
FOÆ M .
l~MhL ~L1ÛlA
C¡lNSTRUCT ION COST ESTIMATE FOR
:T/f.Ae...,- (í, 8 2'3 - {JA~ 1!!'5
/3t"Y-t HAA!,R. le..,- Ave.
"82. ~STIMATé-
Surface Cons lruct Ion
Clearing and Grubbing
Sawcut Concrete
Conc re le Remova I
Curb and Gutter Remova I
Inlot Drain with Pipe
Curb and Gutter
Sidewalk
Driveway Approach
Itandlcap Ramp
Barricade
A.C, PaveFient Inc. Excavation
Adjust /'Idnhole to Grade
Adjust Itandhole to Grade
Monument Box It Monument
Street Tree (15 gallon)
Pavement Striping
Pavement Legends
StoP. Street Name or Other Sign
Pavement Markers
Pavement Key Cut
Street lighting
Electroller
Conduit
Conductor, pair
Pull Box
Storm Oralnaqe
12" or IS" RCP
18" or 21" RCP
Street Inlet
Manhole
8reak and Enler Manhole
Revised IllO/!!!
Lump Sum
lof. Ii S J.50
S.f. Ii 2,50
lof. P 8.00
EA. P 400.00
~_.LL.F. P 12.00
3o.J.3 S.F. Ii 4.00
5/7 S.F. P 6.00
EA. li 600.00
7 L.r. li 40.00
(~~:1S.F.) (S1.10) (.sL.")
I EA. Ii 400.00
EA. P 300.00
EA. li JOO.OO
EA. P 175,00
2..
lof. li
0.80
EA. li 100.00
EA. Ii 100.00
EA. li 12.00
loF. li 5.00
I EA. li 3.000.00
lor. li 9.00
..loF. li 3.00
J EA. Ii 250.00
loF. P 45.00
L.r. li 55.00
EA. Ii 1.000.00
EA. li 1.200.DO
_JA. Ii
500.00
TOTAL ESTIMATE
US£ FOR BOND
Date ..l/~~~,-
8y .I.. .slVy~/(
. s JJDOO.()()
-.--
': 4-'1 Z...!1O
1,21.3.2.0
"
3-, 10:2..00
280.ðO
J.31 .356. S~
1-ðt:> . 00
.~5D.OO
3.000.00
.
2.$().OO
s :z.4-. 4-Z+./~
.
S
ftte/Prr'llt t ,
Addreu
CONSTRUCTION COST ES'rl"^Tt fOit-,
r¡(lACr ~829 -, 6A-/U..¡éS
1300 J.I À ~^' J éí .-Å ve
1?J8</- e:.síIM~
- Da~e~
By....L,. .$/'IY ~/{.
Sur",e Cons tru't t on
Clearing and Grubbing
Sawcllt Concrete
Concrete Removal
Lllllp Sum Estilllte
L.F. . S 3.00
S.f. -. 3.00
__L.f. . ., 8.00
EA.' 500.00
/22..'1 L.f.' 18.00
.303..3 S.f.' 5.00
~17 S.f.' '7.00
EA. . 1100.00
Curb and Gutter Removal
Inlot Dra1n w1 th P1pe
Curb Ind Gutter
Sidewalk
Driveway Approach
Handicap Ralll l
Barr1cade
Street Excavation
"7 L.f.' SO.OO
(-\.:.tÞ'7.'JS. F. )x(JD.2û)Jlt~.t:)
(.¡y16'7.1S.f. )x(~o.6O)JlI.£.)
I EA.' 300;00
EA. . 200.00
EA. . 500.00
A.C. Pavement
AdJuu Manhole to Grade
AdjuU Handhole to Grade
Monllllent BoJl w Monument
Street Tree (15 gallon)
Pavement Striping ($100 lIin.)
.2..
EA. . Z:¡:¡.il1
L.F. .
EA. .
iua
3O.~J
Pavement Legends ($100 lIin.)
Stop, Street Name or Other Sign
EA. . 120.11:)
Pavement Markers
EA. .
L.F. .
15.00
Pavement Key Cut
8.ta
Street LIghting
ElectroUer I EA. ' 3,000.00
Conduit L.f. . 15.00
Conductor, pair L.F. . 4.00 .
Pu11 Box EA. . . '200.00
...
.
5tol"lll Drainaqe
12" or 15" RCP L.F.' 10.00.
18" or 21" RCP L.F.' 65.00
Street In1et EA. . 1,800.00
Manhole EA. . 2,000.00
Brelk and Enter Hanhole EA.' 600.00
TOTAL ESTlHAn: '
USE fOR BOND
Revhed 3/12/84
. $ I bOO .DO
.
.
~,2.08.bO
.
I. 5"16.50
.
3,,-,".0{)
.
3~O.OO
~~1
-h-2~S~J
3at>.CIO
4 DO. 0()
~ ðN) .N)
::z.OD.DD
.
.
.
.
$~.30"7.~
$
982(a)(15) (1 of 2)
ATTORNEY OR PARTY WITHOUT ATTORNEY INllmllllnd Address!: TELEPHONE NO,: FOR COURT USE ONLY
¡-Charles J. Philipps, Esq.
Teresa L. Polk, Esq. (415) 781-5842
ADAMS, PHILIPPS & ALEXANDER
100 Pine Street, Suite 2050
AR6MJE~MW£~?Co, CA 94111 R;:!lm~ CDITPQPY
NAME OF COURT: Municipal Court, County of Santa Clara
STREET ADDRESS: 605 West E1 Camino Rea].
MAILING ADDRESS: Surmyvale, CA 94087-1298
CITY AND ZIP CODE:
BRANCH NAME: Surmvva1e
PLAINTIFF/PETITIONER: Balboa Insurance Carrpany
DE FEN DANT IRE S PO N DENT: BaITY L.., . Barnes, et al.
CASE NUMBER:
CIVIL SUBPENA !XX] Duces Tecum EC87-038502
THE PEOPLE OF THE STATE OF CALIFORNIA. TO (name): Lynn Snyder
1. YOU ARE ORDERED TO APPEAR AS A WITNESS in this action as follows unless you make a special agreement with the
person named in item 3: '
a. Date: 1-11-89
b. Address: Municipal Court of
605 West El Camino
2. AND YOU ARE
a. D ordered to appear in person.
b. 0 not required to appear in person if you produce a true, legible, and durable copy of the records described in the accom-
panying affidavit as follows: (1) place the copy of the records in an envelope (or other wrapper) and seal it; (2) attach a copy
of this subpena to the envelope or write on the envelope the case name and number, name of the witness and date and time
from item 1 above; (3) place this first envelope in an outer envelope or wrapper, seal it, and mail it to the clerk of the court
at the address in item 1.
c. ~ ordered to appear in person and to produce the records described in the accompanying affidavit. The personal attendance
of the custodian of records or other qualified witness and the production of the original records is required by this subpena.
The procedure authorized pursuant to subdivision (b) of section 1560, and sections 1561 and 1562, of the Evidence Code
will not be deemed sufficient compliance with this subpena.
3. IF YOU HAVE ANY QUESTIONS ABOUT WITNESS FEES OR THE TIME OR DATE FOR YOU TO APPEAR. OR IF YOU WANT TO BE
CERTAIN THAT YOUR PRESENCE IS REQUIRED. CONTACT THE ATTORNEY REQUESTING THIS SUBPENA. NAMED ABOVE. OR
THE FOLLOWING PERSON. BEFORE THE DATE ON WHICH YOU ARE TO APPEAR:
a. Name: b. Telephone number:
Pam Kimball (415) 781-5842
4. Witness Fees: You are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you request them at
the time of service. You may request them before your scheduled appearance from the person named in item 3.
Time: 9: 00 a.m. Dept./Div.: 26
Santa Clara County
Real, Sunnyvale, CA
Room.:
5. You are ordered to appear in this civil matter in your capacity as a peace officer or other person described in Government Code section
68097.1.
Date: Clerk, by , Deputy
DISOBEDIENCE OF THIS SUBPENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM
OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.
Date issued:
Decenber 2~, 1988
,..........Teresa.L..Polk.... ...,...,.,....
(TYPE OR PRINT NAMEI
~
~
OF PERSON ISSUING SUBPENA I
Attorney for plaintiff Balboa Insurance Co.
¡TITLE)
(See reverse for proof of service)
Form Adopted bv Rule 982
Judicial Council of Celifornia
982(aI(15) IRev Juiy 1. 19871
Code of Civil Procedure. H 1985. 1986. 1987
CIVil SUBPENA
08214/mlp
1
ADAMS, PHILIPPS & ALEXANDER
A Professional Corporation
CHARLES J. PHILIPPS, ESQ.
TERESA L. POLK, ESQ.
100 pine Street, suite 2050
San Francisco, California 94111
(415) 781-5842
2
3
4
5
Attorneys for Plaintiff
BALBOA INSURANCE COMPANY
6
7
MUNICIPAL COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
8
SUNNYVALE - CUPERTINO JUDICIAL DISTRICT
9
10
14
)
)
)
)
)
)
)
BARRE BARNES, an individual, )
WANDA BARNES, an individual, )
BARRE BARNES dba B & C )
CONSTRUCTION, B & C CONSTRUC- )
TION, a general partnership, B )
& C CONSTRUCTION, a joint)
venture, RONALD J. LAFFEN, )
MARLENE M. LAFFEN, JAMES E. )
LANGLEY, PATSEY JEAN LANGLEY, )
AL CHANDA, CAROL CHANDA, and)
DOES 1 through 10, inclusive, )
)
)
)
)
)
)
DECLARATION IN SUPPORT OF
ISSUANCE OF SUBPOENA DUCES
TECUM fC.C.P. SECTION 2015.5]
Case No. EC 87 038502
11
BALBOA INSURANCE COMPANY, a
corporation,
12
Plaintiff,
13
vs.
15
16
17
18
19
20
Defendants.
21
AND RELATED CROSS-ACTIONS
22
23
24
I, Teresa L. Polk, declare:
25
1.
I am an attorney at law duly admitted to practice
26
before all courts in the State of California and am an associate
27
of the law firm of Adams, Philipps & Alexander, attorneys of
28
record for plaintiff BALBOA INSURANCE COMPANY herein.
10
11
12
13
14
15
08214/mlp
1
2.
This cause was duly set for trial on January 11,
2
1989, at 9:00 o'clock a.m. in Department 26 of the above-entitled
3
court.
4
3.
I am informed and believe, and on that basis
5
declare that Lynn Snyder has in her possession or under her
6
control the following things:
7
a.
Agreement ST17 entered into between
8
defendants BARRE L. BARNES, et al., and the City of Campbell,
9
California, concerning Tract Number 6608 within the City of
Campbell, California.
b.
Faithful Performance Bond Number L05-
041856 issued by BALBOA INSURANCE COMPANY concerning Agreement
ST17.
c.
The Construction Cost Estimate dated
August 19, 1986, concerning Tract 6829 in the City of campbell,
16
California, and all construction cost estimates in the files of
17
the City of campbell, Department of Public Works concerning the
18
work to be performed under Agreement ST17.
19
d.
The Release and Assignment Agreement
20
entered into between the City of Campbell, California and Balboa
21
Insurance Company on or about November 11, 1986, with reference
22
to claims under the above-mentioned bonds.
23
4.
The described items are material to the issues and
24
good cause exists for the production of the described items, in
25
that they are evidence of the terms of the bond issued by BALBOA
26
INSURANCE COMPANY, which is in issue in this litigation, and of
27
the damages incurred by BALBOA INSURANCE COMPANY as a result of
28
III
2
10
11
12
13
14
15
16
08214jmlp
1
defendants' failure to comply with the terms of the agreement
2
secured by the bond.
3
The above-entitled action is one for indemnification
4
and reimbursement arising out of the issuance of the above-
5
mentioned bond by BALBOA INSURANCE COMPANY to secure the
6
defendants' performance of the above-mentioned agreement.
The
7
City of Campbell, California, is named as the obligee in that
8
bond and is a party to that agreement.
I am informed and believe
9
and on that basis declare that the City of Campbell, California,
prepared the above-mentioned cost estimate for purposes of
estimating the cost of completing the public improvements which
were required by Agreement ST17, and that cost estimate was used
in connection with the claim made by the City of Campbell,
California, against the bond in issue, which claim was paid by
BALBOA INSURANCE COMPANY.
I am informed and believe and on that
basis declare deponent Lynn Snyder is an employee of the City of
17
Campbell, California, Department of Public Works, who has custody
18
of the records requested to be produced and who is a qualified
19
witness concerning those records and matters in issue in this
20
litigation.
Good cause exists for their production in that the
21
originals of those documents are in the custody, possession or
22
control of the City of Campbell, California, and specifically,
23
within the custody or control of deponent Lynn Snyder.
I declare under penalty of perjury under the laws of
24
25
the state of California that the foregoing is true and correct.
26
The above is true of my own personal knowledge, except such
27
matters as are declared on information and beliefs; as to those
28
matters declared on information and belief, I am informed and
3
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
08214jmlp
1
believe and on that basis declare them to be true.
2
Executed in San Francisco, California, on
3
December 28, 1988.
4
5
Dated:
December 28, 1988
6
By: Yû~ L c?~
Teresa L. Polk
7
8
9
10
4
LAW OFFICES OF
ADAMS, PHILIPPS & ALEXANDER
A PROFESSIONAL CORPORATION
100 PINE STREET
SUITE 20S0
SAN FRANCISCO, CALIFORNIA 94111
4IS-781-S842
WALLACE B. ADAMS
CHARLES .J. PHILIPPS
RAYMOND M, ALEXANDER, .JR.
HARRY .J. LEVINE
TERESA LYNN POLK
OUR FILE NO.
08214
September 23, 1988
Mr. William R. Seligmann
Dempster, McDonald & Seligmann
20370 Town Center Lane, Suite 245
Cupertino, California 95104
RECEIVED
Ms. Lynn Snyder
Department of Public
City of Campbell
70 North First Street
City Hall
Campbell, California
Works
SEP 261988
PUBLIC WORKS
ENGINEERING
95008
~ ,~<.WEft.
Re:
Principal:
Bond No. :
ObI igee
Claim No.:
Project
Barre and Wanda Barnes
L05-841856
City of Campbell
01, L05041856, 00000
Tract 6829, Harriet Avenue
~:~'~'
-~:_' t-t
""-1...':0::,"1 ~rJ~'1 TO LS
GO~~ till Ba""'-e.~
.. 1ð.v.J$cY-t"
Balboa Insurance Company v. Barnes, et al.
Santa Clara Municipal Court Action No. EC 87 038502
City of Campbell v. Barnes, et al.,
Dear Mr. Seligmann and Ms. Snyder:
As a result of the serious illness of attorney William Grischy, who
represents defendants Barre and Wanda Barnes in the referenced
matter, we have agreed to continue the trial of this case to
January 11, 1989. Therefore, it will not be necessary for you to
appear in court to testify on October 5, 1988.
We will provide you with subpoenas in December to request your
appearance at the trial in January, 1989, if the case is not
settled prior to that date. Meanwhile, we request that Mr.
Seligmann continue to keep us posted of any developments in the
City's action against Barnes, et al. In particular, if it appears
that the City's action will go to trial prior to our Municipal
Court action, please let us know.
Very truly yours
ADAMS, PHILIPPS & ALEXANDER
::kLM~ eX ;Þ,~¿¿ c{;;
Teresa L. Polk
TLP:mlp
982(a)(15) (l of 2)
.~
ATTORNEY OR PARTY WITHOUT ATTORNEY IN.",. .nd AddrwuJ: TELEPHONE NO.: FOIt cooltr USE ONLY
_Charles J. Philipps, Esq.
Teresa L. Polk, Esq. (415) 781-5842
ADAMS, PHILIPPS & ALEXANDER
100 Pine Street, Suite 2050
~~~sco CA 94111 l'
A.....: ' K¡:: I fY"I;::
NAME OF COURT: Municipal Court, County of Santa Clara
STREET ADDRESS: 605 West El Camino ReaJ..
MAILING ADDRESS: Sunnyvale, CA 94087-1298
CITY AND ZIP CODE;
BRANCH NAME: Sunnyvale
PLAINTIFF/PETITIONER: Balboa Insurance Carpany
D EFEN DANT /RES PON DENT: BanyL..,.Barnes! et al.
CASE NUMBER:
CIVIL SUBPENA [XX] Duces Tecum EX::87-038502
THE PEOPLE OF THE STATE OF CALIFORNIA. TO (name): Lynn Snyder
1. YOU ARE ORDERED TO APPEAR AS A WITNESS in this action as follows unless you make a special agreement with the
person named In Item 3: " '.
a. Date: 1-11-89 Time: 9: 00 a.m. Dept./Div,: 26
b. Address: Municipal Court of Santa Clara County
605 West El Camino Real, Sunnyvale, CA
2. AND YOU ARE
a. 0 ordered to appear in person.
b. 0 not required to appear in person if you produce a true, legible. and durable copy of the records described in the accom-
panying affidavit as follows: (1) place the copy of the records in an envelope (or other wrapper) and seal it; (2) attach a copy
of this subpena to the envelope or write on the envelope the case name and number, name of the witness and date and time
from item 1 above; (3) place this first envelope in an outer envelope or wrapper, seal it, and mail it to the clerk of the court
at the address in item 1.
C. ~ ordered to appear in person and to prOduce the records described in the accompanying affidavit. The personal attendance
of the custodian of records or other qualified witness and the production of the original records is required by this subpena.
The procedure authorized pursuant to subdivision (bl of section 1560, and sections 1561 and 1562. of the Evidence Code
will not be deemed sufficient compliance with this subpena.
3. IF YOU HAVE ANY QUESTIONS ABOUT WITNESS FEES OR THE TIME OR DATE FOR YOU TO APPEAR, OR IF YOU WANT TO BE
CERTAIN THAT YOUR PRESENCE IS REQUIRED, CONTACT THE ATTORNEY REQUESTING THIS SUBPENA, NAMED ABOVE, OR
THE FOLLOWING PERSON, BEFORE THE DATE ON WHICH YOU ARE TO APPEAR:
a. Name: b. Telephone number:
Pam Kimball (415) 781-5842
4. Witness Fees: You are entitled to witness fees and mileage actually traveled both ways. as provided by law. if you request them at
the time of service. You may request them before your scheduled appearance from the person named in item 3.
Room,:
5. You are ordered to appear in this civil matter in your capacity as a peace officer or other person described in Government Code section
68097.1.
Date: Clerk, by , Deputy
DISOBEDIENCE OF THIS SUBPENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM
OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.
Date issued:
December 2i, 1988
..........!reresa.L..Polk....,..............
ITYPE OR PRINT NAMEI
~
Attorney for plaintiff Balboa Insurance Co.
'TITLE!
(See reverse for proof of service)
Form Adopted by Rule 982
Judiciel Council 01 Celilorni.
982181C151IRev. Jul'l I, 19871
CIVil SUBPENA
Code 01 Civil Procedure. II 1985. 19B8, 1987
\
.,
~
By/Date
8/ 1~/8~
CONSTRUCTION COST ESTIMATE rol PERMIT NO.
Name' Addru& rR.. C:. B 2 ~
Surface Construction
Clearing and Grubbing
Sawcut Concrete
Concrete le.oval
Curb' Gutter le.oval
Inlot Drain with Pipe
Curb and Cutter
Sidewalk
Driveway Approach
Handicap lamp
Extruded Curb
Barricade
Street Excavation
A.C. revellent
Adjust Manhole to Grade
Adju.t Bandhole to Grade
Monu8ent lox v Monument
Street Tree (15 lallon)
Pave8ent Striping ($100 .in)
Pavellent Lelends ($100.in)
Stop.Street Name or Other Siln
Pave8ent Marker.
rave8ent ~e1 Cut
BA-JV..I€5
I-IÆR¡(! lei A 1I~
Luap SUII E.U..te . $ I, (){)C>. c£:>
L.F. '$ 4.00 . $
S.F. @ 3.00 . $
L.r.' 5.00 . $
EA. @ 500.00 . $
122 .Î L.P. @ 15.00 . $ IJ 840. So
3D~.3 S.P. @ 3.50 - $ t.o" 1.53'"
:;/7 S.P. @ 5.50 - $ 2:1*.~.5D
EA. . 1000.00 . $
L.r.' 6.00 . $
7 L.r. @ 50.00 - $ :;"SD.{){)
(:¿J~1.1S.r.)x($0.1S)xCsi:") - $ I) 82.1.~
~.u>'1.7S.F. )x($0.45)x(sL") ."$ ~ ~4-.~
I EA. @ 300.00 . $ 3DO.cD
EA. @ 200.00 - $
EA.' 500.00 - $
;l.. EA.' 200.00 - $
L.r.@ 0.65 - $
EA. @ 40.00 - $
EA.' 120.00 . $
EA.' 15.00 - $
L.r.' 8.00 . $
- $
. $
Surface Subtotal "S" - $ 14-. ,-go. "b +.z .,3'-. 19
Adju.t. for .be: S, $30.000' add 20%. S ~ $100.000 .ubtract 10% 17: Got1. IS
Street Lighting
Electrolier
Conduit
Conductor. pair
Pull lox
Ston Drainage
12" or 15" ICP
18" or 21" ICP
Street Inlet
Manhole
Braak and Enter Manhole
-L-EA. , 3000.00
L.r.' 12.00
L.r.@ 4.00
EA. @ 200.00
. $ 3.tx:>D .DD
.
. $
. $
. $
. $
2DD . DC>
L.P.' 60.00
L.r.' 65.00
EA. , 1800.00
EA. , 2000.00
EA.' 600.00
. $
. $
. $
- $
. $
- $
$ ..2.D.9,,1Ì.1~
TOTAL ESTIMATE
BALbl INSURANCE: COMPANY
IRVINE, CALIFURNIA 92713-9702
CLAIM NUMbER :01,LO5041856,OOOOOl DATE O~ LOSS: 06/06/86
16-411220
DRAFT NO: 8012886
REfERENCE :BARRY L. ~ WANDA bARNES PRUDUCER: 52200001
IN PAYMENT OF: ANY AND ALL CLAIMS - fULL AND FINAL PAYMENf
EXONERATION OF BUND(S)
PAYMENT DATE: 10/28/86 PAYMENT AMOUNT: $9,500.00
PAY:NINr THOUSAND, FIVE HONORED AND 00/100 ---------------------------- DOLLARS
PAYAbLE THROUGH SECURITY PACIFIC
NATIONAL ~ANK - NEwPORT CENTER
OFFICE ~ / f:;
ltuJ ~~7
TO CITY OF CAMPBELL, CALIFORNIA
THE
ORDER
OF
1I.80? 288b". I:. 2 20000~ ~I:g 28111g .bb 2811.
r--,
PvOj ~J-
f7--?
~V
"..;~, -"-
,,"'. ,:,.,..<:.~',."" "'-"~',"",""""'--""_.":-"-"""""":r+i""'.""~"""""'-"""""~"".'"~,,-.h'"""""""¡'"'
"""".",,:.,-,""'¡""",>,'; """"""""-'~" ,.,,:,^>"""':"~:'¡;-":
..
::: ....
'.
OCOTBER 29, 1986
RELEASE-ASSIGNMENT
i
FOR AND IN CONSIDERATION OF:,~~~~..!:~~~~~..r:~Y~..~~?~~?..~~~:-:-:-:-:-:-:-'.-:-:-:-.-:-:-':-':-':-':-':-':-':-':-':-:-:-:-:-:-:-:-:------1
,........................................................................... ......... ,.... ..,.. """""'" ,.. ......... .....". ,.....Dollars S. ,~.!.~.9.Q.: ~.9...........
paid to the undersigned. receipt of which is herewith acknowledged, the undersigned hereby releases and
d1scharges....~~.~.~g.~.J~.~.~.~.~.~.~...~.?~.~~....................,......,..,......................, hereinafter called the Company,
from all claims for....Q~~.~!!.~.~...~~~.~.~...~.:...~...~~.~~...under said Company's Policy No.......?~,~.~.~.~.?~.~,~.?~.~.?,???,Ol
arising out of loss which occurred on or about the........6.I~............day of,...:-!~F;.............,...............,..... 19.??....
The undersigned herewith acknowledges that the Company is subrogated to the rights of the undersigned
with reference to any and all claims and rights of action which the undersigned has or may have against any
third persons, finn, corporation, or estate by reason of said loss and herewith assigns to the said Company all
said lights to the extent of said payment.
The undersigned further assigns to the said Company for collectiont~ffiig~ ofl"iíghts of action.
which the undersigned has or may have against any third p~rson. fiqn, coJ"Pora.ti~n. or estate by reason of said
occurrence up to $9,500.00. The undersigned shall r~talll ":11 r~gnts to recover any
damages resulting from said claim or rights of act~on winch exceed $9,500.00.
. t~e_assigned
The undersIgned agrees that the said Company may prosecute XXJQ clail1í or claims in the name of the
assignor.
DATED thiS....1.L.,....,..day of...&.'!~~~.... 19,.f.Q
\Vitnesses: . -
. .~,~.~.,.¿:i4.::,!!..~~=~.......... """"'"
t1.G:t:: c:.¿ c¿~ .
""""""'7""""'7""""""""""Y::"""""""""""'"
,
Si~ CY'}" A:i4t1:;::/"-- - - - - u -. :/
~/-.~.~.~.::~,;~~~..,..
C - 215
3/66
¡ ,
",'
f,y
If:,,:':'
.'
::
. .1
- :.1
:.J
, -I
RECEIYED
NOY 17 .
PUBt1C WORKS
IHGINE£lUNG
, " "
"
:;
l
;:j
J
"~
.-
;
1
1
~.
13 Nov..her .1986
. -
í
I
Mr. Bill Keyworth
BALBOA INSURANCB GROUP
Post Office Box 19702
Irvine, California 92713..9702
- Ite: ';You.r Prlnet:¡)al f
Claim No:'
Bond No:
Claimant:
-
Barre and Wanda.BarRes
01,LO5041BS6.0000Ö
01,L05041B56
C~t, oJ Campbell
Dear Mr. Keyworth:
I haye enclosed the Release 1n the above-refe~en~ed
matter 8S executed by tÀe }1ajor andCl t y Clerk for the Cit, of
~~"-... .¡... ,ç-P'b;a¡¡.,*;,,"~' .,~1""'~"';~".""".,~".";z""",,, ,""""~A"""¥~,*{;" "
, ' , ' '
othervls,.we- wl11}a.lo.~t.~ø<~be4;he-t-k vithinf1ve (S} d8'1$ ,fr'O.,
" ,,' '" -, ,:' ",~"r,,;,', ,t ' . ",' ,
t~~;.~~~~élPl..:~.t~~t~é~~J~~"",~;,~~..;i?¡>~:.., ':':/,~.
" " ,: 'I i. .,~'.' ãpjJjec1$tedjciut coo'peration ,1n
'}
. I;~:;i~~f'~ ;~.:,/ '~~"';¡f<~'~f(:9.:i.\;'f,.,,:\;,,
thlè aati.er. ..4"\ ' ..
.'
Mr. ,aø,d Mr8. Bard...,
S1nç:..t_l,r.
WILLIAM!. SEL-IG"..tflt',^.if'd¡,,~
'rÂc:lia.g'C1ty Att.,q.rn.'y'f.../,
ea.."e11 ':~~' ","
"',' ,f l
, '
{
, ,.;
" ',~
or
r
I:
f..
'.
,~-
..
..
;7 .E!~:-
i ,"-"Ai\ ~ n. t-fÍ;7r-'I",{t:;;"'-
~p ~ ;~"7 II'
,,// "~'I
r¡--
(I, V......'
II..-
',,'R"; "'E' """, ."',,~,
' . If ~..
, . ",,:
,,"
. '
Nt} V (i ( 198f
(¡ Ni)V~'J')!'r 1""'-,
PUBC1C ,\¡~;)
£.NGU"lft.U ¡~
;i:
;r. ?-111 Yep,orth
,~;~;)'A P¡SUH¡iJ;C? G '~ \íP
, ~; t f f 1. c e~o~: 1) 7 '\2
Lrv1ne, Caltforni~ 92713-9702
:{e:
Your ¡rincipal barre and Wanda Barnes
r:L1Ül'Io: Ol,LO50!d8S6,UOOOO
Pond No: 01,L05041856
ClaÌP1ant: City of Campbell
')(..>ar ;\1r. 'Zey'..rort'l:
This l\"tt~r will confirp' Ot'r teleplJO:'1"" conv:~rsati")n ê'f
'[..... v em b e r !~, 1. 98.(, .
I n t 11:1 t C ,) r1 V e r 3 at ion. I H d vis II> rI you ':'¡.1 t t! '::'
i n pro v':"': r: n t s w hie Þ we r '" .3 e C oJ r e (\ 1) Y Y 011 r $ ') , ,500. U(,
'nnd wo'.! 1 d
presently cost oyer '::,2C,Ci,i;i.Ut' to install.
Con:;eqn.-,:¡tl\', !.'~:>
;ity of Ci1mpbel]
has alreañy initiated a Cjvil
\(:tiO,l to r~cov':>r
the costs of such improvements.
As I further informed you, the Clt¡ of CampbeJ 1 fully
intends to protect your interest to $9,5UO.¡)() of any settlement
or judgment that mi1ht result from our present rivil Action.
11owever,
it would not make sense to assign ¡our company the
entire S20,000.00 cau~e of 8ction.
In response to this inforMation, we agreed to alter
your 'Eiss1gnli'ent form to reflect the fact that the assignment is
limited to the amount of $9,500.00.
Your cooperation in this matter is greatly appreciated;
1
-
.'"
JA
...
-I
Letter to
Mr. Bill Keyworth
6 1t4nvÇ>l!Jber 1986
Page 2
,nrl shou]d your recollection of our conversation differ from
::lin'~t please let ""Ie knoll{ <1~ soon as possible.
In any ~vent, I anticipate having your release signed,
anri returned to you within the next fifteen days.
Sincerely,
'JILLT A~1 R. Sti:LIGì¡A ¡-;
Acting City Attorney for
Campbe]]
HES/jr
c c : 13 i 11 He 1 :1 S
2
BALBOA
Insurance
S'/.
/7
C'ompany
A ""I:...UI O~
. .. AVCO FINANCIAL INSURANCE GROUP
HO..I: OFFICI: - NI:WrORT .I:ACH. CAL,"ORN'A
-- - - - -- -- --'----
--- - - - -- ---
-- - - -----
SLTP,DrV1S10~ 5TATUS INQnR~'
r City of Campbell
75 North Central Avenue
Campbell, CA 95008
ï
ENVELOPE ENCLOSED
L
.J
,-,---
LdW.!tP4 ~ER
TRACT NUMBER
6608-6829
SUBDIVIDER
Barre L. Barnes and Wanda J. Barnes
TRACT NAME
IMPROVEMENTS
Street Construction and Improvements
PLEASE ANSWER UESTIONS BELOW
AND RETURN THIS FORM
1.
Has this work been fully completed, accepted
DYes
[3No
2.
If accepted, on what date?
3.
If not accepted, is work progressing satisfactorily
DYes
ß]No
..
4.
Percenta~e completed
~ (3
REMARKS
])cr~ )
~
~l
(~a.""'"
\ -
, -
ABOVE INFORMATION ,FURNISHED BY (signature)
.' -,
Vt.vt t/ rJ'.--
TITLE
/hJO( .~~1
¿.
DATE
BOND DEPARTMENT
'.0')
Ii. W[...[1t O"
RECEIVED
Com pan y AU G 7 í986
PuBIJC WUr\!\.)
ENGINEERING
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Insurance
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.- - - - -- - --'-- .- - . _.- - -- - -- - ---
Sl1RDiV1S1O:-\ STATUS 1t-tQl'lR~'
ì
r City of Campbell
75 North Central Avenue
Campbell, CA 95008
ENVELOPE ENCLOSED
I
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I L~2lP4 rns~ER SUBDIVIDER
- l Barnes and Wanda J. Barnes
-- !----
TRACT NUMBER TRACT NAME
6608-6829
IMPROVEMENTS
Street Construction and Improvements
---.--
L
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PLEASE ANSWER OUESTI ONS BELOW. AND RETURN THI S FORM
1.
Has this work been fully completed, accepted
DYes
œ-No
2.
If accepted, on what date7
3.
If not accepted, is work progressing satisfactorily
DYes
Q-Nõ
4.
Percentage completed
REMARKS
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ABOVE I~FO~~TI~N FURNISHED BY (signature) 11 TLE .
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Insurance
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HOMIE O",.ICIE . HIE"'~ORT .IEACH, CAL."'ORH'A
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Sl'RD, \11 S1 O~ STATUS INQl'1 R::
,. City of Camp be 11 .,
75 North C8Rtral .^.VCflUO 70 Aio, P;RbT
Campbell, CA 95008
ENVELOPE ENCLOSED
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----
Ur5' !W 4 fB5bB E R
TRACT NUMBER
6608-6829
SUBDIVIDER
arnes and Wanda J. Barnes
TRACT NAME
IMPROVEMENTS
Street Construction and Improvements
PLEASE ANSWER OUEST IONS BELOW
AND RETURN
DYes
THIS FORM
Ro
0 Yes ~o
1.
Has this work been fully completed, accepted
2.
If accepted, on what date?
3.
If not accepted, is work progressing satisfactorily
4.
Percenta~e completed
REMARKS
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DATE BOND DEPARTMENT
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BOND SPECIALISTS
594 HOWARD ST. ' FLOOR
SAN FRANCISCO, CA 94105
(415) 957-1811
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DATE: 6/7 /82 ',~.j'
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LOU JONES
&
ASSOCIA rES
TO: CITY OF CAMBELL
ATTENTION: JOSEPH ELLIOTT
RE: BARRE L. BARNES AND WANDA J. BARNES
TRACT 6608/6829 BOND # L05-041856
JOSEPH - I SPOKE WITH BARRE BARNES ON THIS DAY. HE HAS ASSURED
ME THAT SAID IMPROVE~ENTS WILL BE COMPLETED. HE IS AT THIS TIME
ORGANIZING ALL PARTIES CONCERNED. BARRE HAS OLSO MENTIONED THAT HE
WILL BE CONTACTING YOUR DEPT. SOON.
THANK YOU.. ~.
) -
. " «/ / '~'"
...,.,,------ ..._..,---L.,,",.7...c:."'~:"-~
DANIEL JONES
P.S. - PLEASE KEEP ME UP TO DATE WITH THE OUT COME OTHIS MATTER.
(
l~ I T Y
II F C 1\ 1\\ I) 11 ELL
75 NORTH CENTRAL AVENUE
CAMPBELL, CALIFORNIA 95008
(408) 378-8141
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Department:
Public Works
DIAl
May 25,1982
C/,SE
Barre L. Barnes and
Wanda J. Barnes
c/o Barnes-Fontaine
2260 San Juan Rd.
Cupertino, CA 95014
Development Co.
SUBJECT:
TRACT 6608/6829 -- BOND #LO5-04l856
Dear Mr. and Mrs. Barnes:
We are writing regarding the street improvements
tract. We previously advised you that this work
by July, 1982. We are aware that there has been
pulled as yet for the work. Please advise us of
completion of construction.
on the subj ect
must be completed
no excavation permit
your plans for
As indicated previously, should the work not be started soon we
will be calling in your bond with Lou Jones and Associates to
cover the cost of construction.
Very truly yours,
JOSEPH ELLIOTT
DIRECTOR~~7 PUBLIC WORKS
'Orig1n~l~ned By
By DAVID N. VALKENAAR
ASSOCIATE CIVIL ENGINEER
DNV:lp
cc:
Lou Jones & Associates
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LAW OFFICES OF
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DEMPSTER & McDoNALD
AN ASSOCIATION OF ATTORNEYS
20325 STEVENS CREEK BOULEVARD
CUPERTINO, CALIFORNIA 95014
1408) 252,1111
GHF..GOHY D, Md)()NALO
J. I<OßRI<T DRMPHTRI<
OF COUNHRL
WILLIAM R SRLIGMANN
25 "arch If.P6
Barre L. Barnes
Wanda J. Barnes
c/o Barnes-Fontaine Development
Company
2260 San Juan Road
Cupertino, California 95014
Re:
Tract Nos. 6829/6608
Dear Mr. and Mrs. Barnes:
As
an agreement
menta at the
notified you
one (1) year
you are aware, on September 4, 1979, you entered into
with the City of Campbell to construct street improve-
above referenced tract. On July 2, 1981, the City
to complete construction of these improvements within
of such notice.
As of the present date, the requested improvements hwve
neither been completed nor commenced. If steps are not i~~ediately
undertaken to comply with the terms of your agreement, we will have
no choice but to commence a legal proceeding against you in the
Superior Court for Santa Clara County.
I trust that you have every intention of honoring your con-
tractual commitment, and look forward to seeing the street improve-
ments completed in the near future. Should you have any questions
regarding this matter, please do not hesitate to con.act Bill Helms
at the Campbell Public Works Department, telephone number 866-2100.
Sincerely,
WILLIAM R. SELIGMANN
Acting City Attorney of Campbell
WRS: jab
cc: Bl11 Helms,
City of Campbell
BALBOA
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R E C E ~ V ~ :~:
Ins u ran c e Com p a ~v 0 8 1985
A MI:,..81:" o~
- .' AVCO FINANCIAL INSURANCE GROUP
HOMI: OF'F'ICI:. NI:W~OAT .I:ACH. CALIF'OANIA
PUBUC WUKí\;)
ENGINEERING
'-- -- ----,--,--
Sl'RDì VI STO~ STATUS INQ1:TRY
--- - --- - -_.. --,-- ----
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Cl ty of Campbell
75 North Central Avenue
Campbell, CA 95008
,
ENVELOPE ENCLOSED
L
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LdW!W4 ~ER
TRACT NUMBER
6608-6829
------
SUBDIVIDER
arnes and Wanda J. Barnes
TRACT NAME
IMPROVEMENTS
Street Construction and Improvements
PLEASE ANSWER OUESTIONS BELOW AND RETURN THIS FORM
1.
Has this work been fully completed, accepted
DYes
~NO
2.
If accepted, on what date?
3.
If not accepted, is work progressin~ satisfactorily
Percenta~e completed --- C -
DYes
~o
4.
REMARKS
[;{Wltl
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AB, OVE, I~FO~IO~:~t;HED BY (signature)
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BOND DEPARTMENT
'.001
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RECE~\li-:D
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ENG1NEERiNG
BALBOA
Insurance
'AVCC FINANCIAL INSURANCE GROUP
HOMO: O""'CO: N8:""'O"T .O:ACH, CAU"O""'A
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--- -
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SLTRü¡\'TSTO~ ~TATUS INQ\'1R:'
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City of Campbell
75 North Central Avenue
Campbell, CA 95008
'""
ENVELOPE ENCLOSED
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LdW!W4~ER
TRACT NUMBER
6608-6829
---- ---
SUBDIVIDER
Barre L. Barnes and Wanda J. Barnes
TRACT NAME
IMPROVEME~TS
Street Construction and Improvements
----.---. ,-------------- -- -------- --------.
1.
PLEASE ANSWER QUESTIONS BELOW. AND RETURN THIS FORM
Has this work been fully completed, accepted 0 Yes 0 No
2.
If accepted, on what date?
3.
If not accepted, is work progressin~ satisfactorily
DYes
ONo
4.
PercentaRe completed
REMARKS
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BOND DEPARTMENT
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BALBOA Insurance
Company
A ME".ER o¡p:
RECEIVED
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MOMII: O""'CII:. "E.PORT .II:ACM. CALI..ORNIA
'1-1984- - -- -- --.--
PUBLIC WORKS
ENGINEERING
r Ci ty of Campbell
75 North Central Avenue
Campbell. CA 95008
.1 ' -- - . -.- - ._- ,- -- .- ----
~ Sl'RDIVTSTO~ STATUS INQnR~"
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ENVELOPE ENCLO~ED
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L~!1P4~ER
TRACT NUMBER
6608-6829
SUBDIVIDER
S d Wanda J. Barnes
TRACT NAME
IMPROVEMENTS
Street Construction and Improvements
1. Has this work been fully completed, accepted
.mNo
2. If accepted, on what date?
3.
If not accepted, is work progressin~ satisfactorily
DYes
~NO
4. Percenta~e completed
~
, REMARKS
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TITLE .
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DATE
1(?-.J>' ry
BOND DEPARTMENT
7.0.1
12/20/82
~ 1 : 15
Dave:
Bill Heist
Lou Jones Associates
2900 W. Broadway
LA. 90041
He called re performance bond issued in August, 1979,
Barre L. Barnes & Wanda J. Barnes. $9,500. For off-
site improvements.
You wrote to him on 5/25/82 re possible default
He wrote to principals, still hasnlt gotten an answer.
He also sent you a status inquiry, no answer.
Bond #L05041856, dated 8/29/79, $9,500.
Tract 6608.
He wants to know if improvements are done and bond
can be released. And where's his status inquiry?
He will call back in 2 weeks if you havenlt written
to him before then.
~
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BALBOA
Insurance
Company
A MEM.Eft 0,.
HOME O,.,.ICE' NIEW"ORT .EACH, CAL',.ORNIA
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SUBDIVISION STATUS INQUIRY
PUOI:
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r City of Campbe 11
75 North Central Avenue
Campbell, CA 95008
,
ENVELOPE ENCLOSED
L
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LdW!1P4 ~ER
TRACT NUMBER
6608-6829
SUBDIVIDER
B rnes and Wanda J. Barnes
TRACT NAME
IMPROVEMENTS
Street Construction and Improvements
PLEASE ANSWER QUESTIONS BELOW-AND RETURN THIS FORM
1.
Has this work been fully completed, accepted
DYes
~o-
2.
If accepted, on what date?
3.
If not accepted, is work progressing satisfactorily
DYes
~NO
4.
Percenta~e completed
--Y-
--1M
REMARKS
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(signature)
BOND DEPARTMENT
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J / DATE
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76042
BALBOA
Insurance
A MEM.Eft 0..
Camp apy:
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HOME O"..ICE - NEW"OAT .EACH. CALI..OANIA
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SUBDIV1 SIaN STATUS-'ÏNQUï-Ry'--'----1.1\~.:._'-"
Dr;;::cr ALl CC"RESPC:;O[fiCE TO
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1,:4ìiie¡;iN!~ C::~ERf.J AGENT$
lS1 2m) hie PO Box 1327
SAI; f{i~ìEO, CA. 94401
(415) 340-0397
ENVELOPE ENCLOSED
City of Campbell
It
75 North Central Avenue
Campbell, CA 95008
L
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L~~~~4 r~~~
TRACT NUMBER
#6608/6829
Barre L. Barnes ancrWcPnld~I¥.R Barnes
TRACT NAME
IMPROVEMENTS
Street Construction and Improvements
PLEASE ANSWER OUESTIONS BELOW AND RETURN THIS FORM
1.
Has this work been fully completed, accepted
DYes
rn-N 0
2.
If accepted, on what date?
3.
If not accepted, is work progressing satisfactorily
DYes
~o
4.
Percenta~e completed
REMARKS
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ABOVE INFORMATION FURNISHED BY (signature)
V~ ' U 1/41 tLl)-~
TITLE
v
DATE
I Ý f"l-
BOND DEPARTMENT
760.2
í
CITY OF CAMI)ßELL
75 NORTH CENTRAL AVENUE
CAMPBELL, CALIFORNIA 95008
(408) 378-8141
Department:
Publ ic Works
Apri I 30, 1982
ø
Barre L. Barnes and
Wanda J. Barnes
clo Barnes-Fontaine
1475 Rollins Road
Burlingame, CA 94016
Development Co.
S/(/7Y
....--
SUBJE~T~~~OND #LO5-o41856
Dear Mr. añd Mrs. Barnes:
-----~' .-
1- ~~
','... ~11/K2-
'ioDtVU
We are writing regarding the street improvements on the subject
tract. We previously advised you that this work must be com-
pleted by July, 1982. We are aware that there has been no
excavation permit pulled as yet for the work. Please advise us
of your plans for completion of construction.
As indicated previously, should the work not be started soon we
will be calling in your bond with Lou Jones and Associates to
cover the cost of construction.
Very truly yours,
Joseph Ell iott
Director of Publ ic Works
(~J
by David N. Valkenaar
Associate Civil Engineer
DNV/le
cc:
Lou Jones & Associates
I
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<f1.;.~,-"..-r.;J¿-
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II F C f\ M ..11 ELL
75 NORTH CENTRAL AVENUE
CAMPBELL, CALIFORNIA 95008
(408) 378-8141
Department: Pub 1 i c Works
January 11, 1982
Lou Jones & Associates
Bond Specialists
594 Howard Street, 3rd Floor
San Francisco, CA 94105
RE:
Barre L. Barnes & Wanda J. Barnes
Bond # LO5-041856 - TRACT 6608/6829
Gentlemen:
We are responding to your letter of December 31,1981. We
have returned status forms on this bond in June 1980, August 1980,
January 1981, March 1981 and June 1981. The work has not been
completed and the bond must remain in force.
We have notified the subdivider of the requirements to complete
improvements covered by this bond by July 1982. To this date, there
has been no action commencing this required construction.
Please be advised that should Barnes and Barnes not commence construc-
tion of said improvements by said date, we will be calling on your
bond to cover such work.
Very truly yours,
JOSEPH ELLIOTT
PUBLIC WORKS DIRECTOR
Original Signed Bv
DAVID N. VALKENAAR
ASSOCIATE CIVIL ENGINEER
DNV:lbp
cc:
Barre L. Barnes & Wanda J. Barnes
Public Works Inspector Norman Samson
(
CITY OF CAMPBELL
75 NORTH CENTRAL AVENUE
CAMPBELL, CALIFORNIA 95008
(408) 378-8141
Department:
Public Works
Apri 1 30, 1982
Barre L. Barnes and
Wanda J. Barnes
c/o Barnes-Fontaine
1475 Rollins Road
Burlingame, CA 94016
Deve I opment Co.
SUBJECT:
TRACT 6608/6829--BOND #L05-041856
Dear Mr. and Mrs. Barnes:
We are writing regarding the street improvements on the subject
tract. We previously advised you that this work must be com-
pleted by July, 1982. We are aware that there has been no
excavation permit pulled as yet for the work. Please advise us
of your plans for completion of construction.
As indicated previously, should the work not be started soon we
will be calling in your bond with Lou Jones and Associates to
cover the cost of construction.
Very truly yours,
Joseph Ell iott
Director of Publ ic Works
_~Z;71~~A: £'. e:r--/
cc:
Lou Jones &
by David N. Valkenaar
Associate Civil Engineer
DNV/le
50
75 NORTH CENTRAL AVENUE
CAMPBELL, CALIFORNIA 95008
(408) 378-8141
i-
t. I r y
(I F C J\ M I) II ELL
ELLIOTT
I HA~IDurJG . I
--.. ,--_,_.__l-
I .
I-T:':~'~~'=--' L-
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H~'MS
--...
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0:;"2 '
,
----'--"--- ,
Department: Pub 1 i c Works
CA:c
January
If
I
¡ 1
t--- \
Lou Jones & Associates
Bond Specialists
594 Howard Street, 3rd Floor
San Francisco, CA 94105
RE:
Barre L. Barnes & Wanda J. Barnes
Bond # L05-041856 - TRACT 6608/6829
Gentlemen:
We are responding to your letter of December 31,1981. We
have returned status forms on this bond in June 1980, August 1980,
January 1981, March 1981 and June 1981. The work has not been
completed and the bond must remain in force.
We have notified the subdivider of the requirements to complete
improvements covered by this bond by July 1982. To this date, there
has been no action commencing this required construction.
Please be advised that should Barnes and Barnes not commence construc-
tion of said improvements by said date, we will be calling on your
bond to cover such work.
Very truly yours,
JOSEPH ELLIOTT
PUBLIC WORKS DIRECTOR
.~W
DAVID N. VALKENAAR
ASSOCIATE CIVIL ENGINEER
DNV:lbp
cc:
Barre L. Barnes & Wanda J. Barnes
Public Works Inspector Norman Samson
\
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~
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BALBOA
Insurance
Company
A MEM8ER OF
.:AVCD FINANCIAL INSURANCE GROUP
HOME OFFICE' NEW~ORT BEACH, CALIFORNIA
------'--------------
---- --~--_..~---------------
r
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-,
ENVELOPE ENCLOSED
-- -----
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BOND NUMBER
-------
------
SUBDIVIDER
TRACT NUMBER
TRACT NAME
IMPROVEMENTS
PLEASE ANSWER OUESTIONS BELOW
AND RETURN THI S FORM
1.
Has this work been fully completed, accepted
DYes
DNa
2.
If accepted, on what date?
3.
If not accepted, is work progressing satisfactorily
DYes
DNa
4.
Percentage completed
\
REMARKS
ABOVE INFORMATION FURNISHED BY (signature) TITLE
DATE BOND DEPARTMENT
76042
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ASSOCIATES
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IC,~'~:~.1fl1
BO-.:D ~hCIAll:,,<
TO: City oñ Campbe££
Campbe££, CA
VATf
12/31/81
F: &vt1Le L. BaJtYle..6 & Wanda. ]. BMYH?~
LO5-041856
rLU.S~ nLL Q.!i HT lTTlCfr¡-:: STi.TU~ F('ril. H'E' 7S CŒ. 4th
l-r¡[ ~; TC ¡¿r(][l~ STITUS (': TfTt n ¡;. n T~!~ (:,:; LfTf-:- r(.~,
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CITY OF CAMPBELL
75 NORTH CENTRAL AVENUE
CAMPBELL, CALIFORNIA 95008
(408) 378-8141
Department:
Public Horks
elLIOTT' ,
NDLING I
HELMS .
-, - TURN TO- ~
----'_.. \',~-::,OD
DIAl ' - ,-
June 22,1981 CASE ¡"li:,..,ErZt;ð2i.'¡
, '1
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Barre L. and Wanda J. Barnes
Ronald J. and Marlene M. Laffen
James E. and Patsey Jean Langley
Al and Carol Chanda
c/o Barnes-Fontaine Development Co.
1475 Rollins Road
Burlingame, CA 94016
if
RE: Street Improvements, Tract 6829
(formerly Tract 6608), Harriet Avenue
S/D Hacienda Avenue
Gentlepersons:
You are hereby notified to have complete street improvements installed
on Harriet Avenue of Tract 6829 and to have such construction completed
within twelve (12) months of this date.
On September 4,1979, you entered into an agreement with the City of
Campbell, relative to the construction of street improvements on
subject tract. That agreement specifies, among other things, that you
"shall provide and construct and/or install at his own proper cost and
expense, standard street improvements...when notified to do so by the
City Engineer." The agreement further specifies that the street
improvements shall be constructed and/or installed within twelve (12)
months of this notification.
In order to proceed with the construction, you will have to submit
three sets of improvement plans, an Excavation Permit application and a
$25 application fee to this office. A permit fee and cash deposit must
be paid before proceeding with the work.
An Excavation Permit application form is enclosed for your use.
feel free to call us if you have any questions.
Please
Very truly yours,
JOSEPH ELLIOTT
Dir~f Public Works
David N. Valkenaar
Associate Civil Engineer
DNV: 1 bp
cc: Lou Jones & Associates, 594 Howard St., 3rd floor, S.F. 94105
Re bond #LO5-041856
Balboa
Ins l/l,ra 11ce
eO111pany
2900 West Broadway, Los Angeles, Ca 90041 . (213) 257-8291
STATUS
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o.rect all corre5ponde ncf' to:
LOU JONES & ASSOCIATES
Managing Genera! Agents
59~ Howard St., 3rd Fl.
San Francisco. CA 94105
(415) 9~)7.1811
City of Campbell
75 N. Central
Campbell, CA 95008
RECEIVED
BOND NOLO5-041856
PRINCIPAL: Barre L. B6.rnec and Wanda. J. Barnes -;/2 t 0 .i ,-v,~ Jtt~ '7 1<',/
OBLIGEE: City of Campbell Cé1/C r (-1t-~-" qrö/i
DESCRIPTION: Tract #6829 CONTRACT AMOUNT $9,500.00
PUBLIC WORKS
EJJG!NEERING
At~n: Public Works
The BALBOA INSURANCE COMPANY is Surety on the above Bond. We will appreciate
your cooperation in providing the information requested below, and returning the form to us
so that we may have current status information on the captioned job. A duplicate copy of this
letter is attached for your files, and a business reply envelope is enclosed for your conven-
ience, Thank you for your assistance.
Yours very truly.
Bond Department
IF THE CONTRACT HAS BEEN COMPLETED:
1. What was the completion date?
2. What was the final contract price?
3. Was the work satisfactory?, , ,
4. Have all labor and material bills been paid?
IF THE CONTRACT HAS NOT BEEN COMPLETED:
1. What percent of work has been completed to date?, -Q-
2. Total amount paid to the Contractor to date: $, , ,-C -
3. What is the amount of the retainage withheld? $ -(;, ,~" ,..,."
4. Is the Contractor paying his labor and material bills?, " ". , , , ,
5. What is the anticipated date of completion? " J4l¡,., / '1 g .~, ,
6. Is the work being accomplished and progressing satisfactorily?
Firm: ",C',:-H, :~, . '~'~"~l)(PÇ,.r/, , . , ,
By: "D.()-u-'JI1\¡/o£t~tP-- ,A>.5,oC ,Ç,. e ~
(Tille)
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Date of Acceptance?, .
Has full amount been paid?,
, , , . , .
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Address: 7S t.f., C~'7 -k,~ I, . A-v. L,
Date: , t, - 2 .!>--S' (
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13a.lboa
ins lit ra 11ce
Go 111 pa11 Y
2900 West Bropq~~~ .~os Angeles, Ca 90041 . (213) 257-8291
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STATUS
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~rect all correspondence to:
LOU JONES & ASSOCIATES
Managing Genera! Agents
594 Howard S1., 3rd F I.
San Francisco. CA 94105
(415) 957.1811
City of Campbell
Campbell, CA
.:, ..;..
BOND NOLO5-04l856
PR:NCIPAL: Barre I.. Barnes a.."1d Wanda J. Barnes
OBLIGEE: City of Campbell
DESCRiPTION Tract #6829 CONTRACT AMOUNT $9,500.00
The BALBOA INSURANCE COMPANY is Surety on the above Bond, We will appreciate
your cooperation in providing the information requested bel 0 It..' , and returning the form to us
so that we may have current status information on the captioned Job, A duplicate copy of this
letter is attached for your files, and a business reply envelope is enclosed for your conven-
ience Thank you for your assistance.
Yours very truly,
Bone Depart,:;~~:
IF THE CONTRACT HAS BEEN COMPLETED:
1. What was the completion date?
2. What was the final contract price?
3, Was the work satisfactory?
4, Have all labor and material bills been paid?
,Date of Acceptance? , . , .
,Has full amount been paid?,
IF THE CONTRACT HAS NOT BEEN COMPLETED:
1, What percent of work has been completed to date?,
2, Total amount paid to the Contractor to date: $
3. What is the amount of the retainaae withheld? $
'"'
4. Is the Contractor paying his labor and material bil~s? , .
5, What is the anticipated date of completion? , ~1ß<.Jv~c-fc-cH .&1<..' .~'-L~A' ..
6. Is the work being accomplished and progressing satisfactorily? . ' , , ' . ,
Firm: "Çl.(,.L}.,.o.~..~ì,./ç.~.'c .j.~h¡(.....
By: ~J71-,VtZt:t~~ Á- (' (::Y
(Title)
Address: Date:
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BALBOA
Insurance
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HONE: O"I"ICE: - HEW~ORT .EACH, CALI,.ORHIA
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SUBDIVTSION STATUS INQUIRY
JAN 1 1981
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ENVELOPE ENCLOSED
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City of Campbell
Campbell, CA.
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BOND NUMBER
LO5-041856
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SUBDIVIDER
Barre L. Barnes & Wanda J. Barnes
TRACT NAME
IMPROVEMENTS
Street Construction & Improvements
PLEASE ANSWER OUESTIONS BELOW AND RETURN THIS FORM
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
DNo
4.
Percenta~e completed
REMARKS
í3 ~J --k> Y~1Ot j:~ I ~1 t,. V£.;(...
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ABOVE
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(signature)
TITLE
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DATE
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BOND DEPARTMENT
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TITLE
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BOND DEPARTMENT
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BALBO
Insurance
c
mpany
Direct all CJ)rrespondence to:
LOU JONES & ASSOCIATES
Managing General Agents
1299 Bayshore Hwy. tt 203
Burlingame. CA 94010
(415) 342,14 1
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-- Q F1NA.....cIAL IN&..;FIAI'"CE G$=C)UP
.0-. O~~IC.' .._0." MAC., CA~I'O..'A
City of Campbell
Campbell, CA.
RECEIVE"
AUG 5 ¡gaD
~~~~W~~~R~S
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~/- ro
7-J
June 4,1980
saND NO. L05-041856 CONTRACT A~OUNT' 9,500.00
PRINCIPAL; Barre L. Barnes & Wanda J. Barnes
OBUGEE: Ci ty of Campbell
DESCRIPTION: Tract #.siBe (£;A
TII. (BALHQA INSURANCE CCI(PAHY ia SI.I,e.., Oft HI. .~ 5c"d. We .iN .ppt'8Cia~ 'fO'I' eoopere..
tiOft i" p,o."idi"q HIe in(ormatiOft reql.l.,ted b.low. e"d_,.tu,."i~ the (0"." to ua 10 that we m.., have CI.I'!'8nt ata~
¡"'ormatio" 0" t~ c$ptionad job. A duplic!te copy of thi. I.He, ia eH.ciled (0' YOU' fi- ."d a b",¡j"MI ~ 8ft¥þ
10.. ;, .""10",, Ie< .,.., ."".on;."".. Th..¡ 'ou Ie<.,.., .~~ .
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Bond I:epart=ent
" TH I CON'nA CT HAS I&H CO Þ.4 PlETIDt
I. ~at ..a HI. co"'pletiOft d.t.? D.te of Accept.l\C8?
2. ~at ... HI. fi".1 cOfttract pric.? _H.. 'uN ame"",t b.ft ~jd?
J. w.. tt.. wort wti,'actol"f?
4. Ha.,. .. I.bor a"d ",a*al bill. b..,. ~id1-
" T" COHnACT HAS HOT 8&H COMflLET'EOt
I. ~t pete8f'lt of wo" "a. b.eft co",pleted to d.'"
2. T ota' atnO","t ~id to HI. Co"t,actor to d.t.: L
J. WJ..t ia HI. a"'o""t of tf\. ,et.i".g. witf\"eld1 ,
4. I. "'- Co"t,.ctor ~yi"q his labor a"d ",ate,ial billa?
S. """.t ia th. ."tici~ted date of c:ompietiOft1-
6. I. the WM be¡"9 accomplialled e"d proq,....;", ..tidactoriJy1
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June 4,1980
BALE 0.... Insurance C ...--mp any
Direct all CDrrespondence to:
~ FlNANCIAL INSl.Jf=tA"-ICE GROUP LOU JONES & ASSOCIATES
Managing General Agents
1299 Bayshore Hwy. tt 203
Burlingame. CA 94010
(415) 342.1421
A"'.'" 0#
M0e8. O""'C.' ".-O"T M"CM, C.~I"O""'"
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City of Campbell
Campbell, CA.
BOND NO. L05- 041856 CONTRACT AMOUNT' 9,500.00
PRINCIPAL: Barre L. Barnes & Wanda J. Barnes
OaUGEE: City of Campbell
DESCRIPTION: Tract #6608
n,. (BALßOA INSURANCE CCfilPANY is Surety on th aboY. !end. w. wiØ appreciate 'fOUr coop8t8--
tion in providing tfI. information nÞqu.ated below, and_,.tuminq the form to ul 10 tflet .... mey have cur1"8nt ,t.M
information on th. cðption.d job. ^ duplicate copy of thi s letter is attached for your filet. end. bu.;n... reply ~
lope is .nclo54Þd for 'fOUr conveni.nc.. Think YO4l for your I 'Ii at. nee.
IF THI CONTRACT HAS I&N COMIU1'!Dt
I. Wh.t w.. tfI. completion d.t.?
2. Whet wa, the final contract price?
3. We. the wo~ Wltiafactory?
4. He~ a~ J.bot .nd met.ri.1 bill. b.." pðid?
D.te of Accept.nee?
He, fuN .mould b..., paid?
d ~ t{ e r~J. ,
J- e '-"^-4 , -.... I ~'"' Fe:: L-
I' T'" CONnACT HAS NOT IEEN COMfÞLETEOt é5'\..t s t""~6+ I ó",
I. W"-t perc."t of wo~ he. bee" completed to d....? 13lÞ rLð.. t---c
2. T otel amount paid to tfI. Contractor to d.t.: L
3. Whet is tfI. amount of tfI. r.t.ineg. witflh.ld? S
4. I. the Contrlctorpayin9 his I.bot and materiel bill.?
5. 'W1Iet i. the .nticipated d.t. of completion?
ð. I, tho WM be;" ..eompl;"'od ..d p,""....:~ t;d~ ¡ h -f, ....PJ
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BALBC_..
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.Lnsurance
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A "'E"'.E" 01'"
, :-AVCO FINANCIAL INSURANCE GROUP
HOME OFFICE - NEW"ORT BEACH, CALIFORNIA
------- -------------,
----- ---- ------..-------- -----------
SUBDIVISION STATUS IN~l1TR::
r
City of Campbell
75 N. Central Ave.
Campbell, CA.
ì
ENVELOPE ENCLOSED
L
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--------------------------- --
BOND NUMBER
LO5-04l860
TRACT NUMBER
SUBDIVIDER
Barre Barnes
TRACT NAME
265£ + Ft. of 6" Santary sewer main
---
ins ta 11 ed .
PLEASE ANSWER OUESTIONS BELOW. AND RETURN THIS FORM
1.
Has this work been fully completed, accepted
DYes
DNo
2.
If accepted, on what date?
3.
If not accepted, is work progressing satisfactorily
DYes
[] No
4.
Percenta~e completed
REMARKS
CÇJuJfrut'..1,~n J~¡e~reJ bon cl t~ -
re ItL« Ct I "
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ABOVE INFORMATION FURNIS~Y (signature) I TITLE -r~u~
c'k. A_V ^ ~ ~ l'-
7~
/1 -
{/ DATE () BOND DEPARTMENT
16042
RECEIVED
:;:LI~ W~RKS tm E f~ B ~ ~ ~~ {ID
ENr,¡NEERING .
'Recorcnhg requested by laM 8enltp8elt £D&IIIIriII1 '"'.
IJ
Paul E. Fontaine
When recorded mail to ,
County Surveyor's Office
70 West Hedding Street
San Jose, CA 95110
Attention a John Atwood
6619[\8G
F .. 71 ,i~! 88
CC 231:)
F . 71 ,i~: 89
Recorded at the request tI
UNIVERSAL TitlE CORPORATtOft
JAN - 9 1980 8:01AM
----~~-~:~ ~
(For Recorder's Use Only) ~
4f 2001 S5
---------------------------
CERTIFICATE OF CORRECTION
NOTICE IS HEREBY GIVEN that the certain Tract Map filed November-
5, 1979 in Book 453 of Maps at Page 13 and 14, Santa Clara County Records,
being a map of the lands entitled Tract No. 6608 is corrected as follows,
( Tract null ber to be changed to 6829.)
The names of the present fee owners of real property affected by
such correction is as follows,
Barre L. Barnes
Wanda J. Barnes
Ronald J. taffen
Marleen M. taffen
James E. Langley
Patsey Jean Langley
Al Chanda
Carol Chanda
-------------------------
CERTIFICATE OF ¡Ie INEER
THIS IS TO CERTIFY that the above certificate of Correction was
prepared by ar under the direction and control of the undersigned
1:~~~, e;;U e11g1neer.Æ () t:.l ~ 12128
Date ~e f:j-E- Reg. number
------------------------------------------
CERTIFICATE OF CITY OF CAMPBELL EIeINEER
THIS IS TO CERTIFY that the above Certificate of Correction
bas been exaa1ned and shows that 1 t corrects an error in the Tract
)lumber shown on the above referred to tract ...p.
~~~. ~ / '/¡?
18730
Reg. IlU8ber
..
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.
ELiO fT
i; HANDliNG
HEIMS
, RETURN TO-
Public Works
D:Al
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t CASE
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July 19,1979
Mr. Barre Barnes
Barnes-Fontaine Development Co.
Re:
Tract No. 6608
Harriet Ave.
Dear Mr. Barnes:
Enclosed please find the Agreement and suggested bond forms for the
above-subject subdivision.
The following items are needed in order to place the subject Tract Map on
the City Council Agenda for final approval:
1.
The Final Tract l4ap signed and notarized.
A copy of the Preliminary Title Report.
2.
3.
A copy of the grading and drainage plan for the review and approval
of the City Engineer.
A letter of release from County Sanitation District No.4 saying that
all of their conditions have been met.
4.
5.
Letters from PG&E and PT&T saying that easements shown on the Final
Tract Map are adequate and satisfactory to them.
6.
7.
A copy of the CC&R's for our review.
The original and one copy each of the enclosed agreements signed and
notarized.
8.
A faithful performance bond in the amount of $9,500.00 and a labor
and materials bond in the amount of $4,750.00 to insure the installation
of street improvements OR a letter of credit in the amount of $9,500.00.
9.. A check payable to the County of Santa Clara in the amount of $7.00 for
the map recording fee.
,
..
-
Mr. Barre Barnes
July 19,1979
Page Two
10.
A check payable to the City of Campbell for the following fees:
a.
Final Map filing fee. . . . . . . . . . . . . . $ 56.00
b.
Storm drainage area fee
............
701.00
TOTAL. . . . . . . . . . . . $ 75 7 . 00
The following items need to be brought in prior to the City Council meeting
but do not necessarily have to meet the agenda deadline:
i.
A letter from the County Finance office regarding taxes due and
a tax bond if necessary.
ii.
A Subdivision Guaranty.
Here are the dates of upcoming City Council meetings and their agenda
deadlines:
Agenda Deadline
Thursday, Noon, August 2
City Council Meeting
Monday, August 13
Thursday, Noon, August 16
Monday, August 27
Should you have a question, please call the undersigned at your
convenience.
Very Truly Yours,
JAMES L. PENOYER
Engineering Technician
By LYNN M. SNYDER
Engineering Aide
I.J.1S : rof
Encl.
.
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RESOLUTION NO. 5652
BEING A RESOLUTION APPROVING FINAL MAP OF TRACT NO.
6608, HARRIET AVENUE SOUTH OF HACIENDA AVENUE AUTHOR-
IZING THE MAYOR TO SIGN THE PROPOSED AGREEMENT.
WHEREAS, there has been submitted to the City Council of the City of
Campbell a final map of Tract No. 6608, Harriet Avenue South of Hacienda
Avenue, for approval;
WHEREAS, an agreement, approved by the City Attorney as to form,
which covers certain conditions of approval of said map, has been
presented; and
WHEREAS, the City Engineer has certified that the map conforms to
Subdivision Map Act and City Ordinance;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Campbell that said map be and the same is hereby approved and that any
real property offered for dedication for public use is accepted on be-
half of the public in conformity with the terms of the offer of dedication.
BE IT FURTHER RESOLVED that the Mayor be and he is hereby authorized
to execute said agreement on behalf of the City of Campbell.
PASSED AND ADOPTED this
following vote:
25th day of September
, 1922-, by the
AYES:
Councilmen:
Doetsch, Hammer, Chamberlin, Podgorsek, Paul
NOES:
Councilmen:
None
ABSENT: Councilmen:
None
APPROVED:
Norman Paul
Mayor
ATTEST:
Phyllis 0, Acker
City Clerk
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---------
A G R E E MEN T
THIS AGREEMENT (identified as No. S. T. 17), made and entered into this
_day of ,19 ,by and between Barre L. Barnes, Wanda J.
Barnes, Ronald J. Laffen, Marlene M. Laffen, James E. Langley,
Patsey Jean Langley, Al Chanda and Carol Chanda ------------------
------------hereinafter referred to as "Subdivider", and the CITY OF CAMPBELL,
a Municipal Corporation of the County of Santa Clara, State of California,
herei nafter referred to as "CITY".
WITNESSED:
WHEREAS, Subdivider desires to subdivide that certain real property situate
within the City of Campbell in accordance with that certain map heretofore filed
in the office of the City Clerk of City, marked and designated "Tract No. 6608 ,
lying entirely within the City of Campbell, California;
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED TO by and between the parties
hereto as follows:
(1) In consideration of the approval of said map, Subdivider shall provide
and construct and/or install at his own proper cost and expense, standard street
improvements across the entire frontage, of said Tract No. 6608 when notified
to do so by the City Engineer.
(2) It is further agreed to that all of said improvements shall be
constructed and/or installed within twelve (12) months from the date that
Subdivider is 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 Subdivider shall be excluded.
"
It is expressly understood and agreed to that if Subdivider shall fail to
complete the work required by this agreement within the said period of twelve
(12) months from the date hereof, the City, after giving ten (10) days written
notice thereof to Subdivider, may construct and/or install said improvements
and recover the full cost and expense thereof from Subdivider.
(3) It is further agreed to that al' of said improvements shall be
constructed and/or installed in accordance with those plans approved by the
City Engineer of the City of Campbell, and shall be made under the supervision
and inspection and to the satisfaction of the City Engineer. It is further
agreed to that said construction and/or installation be in accordance with the
existing ordinances and resolutions Qf the City of Campbell. and to a'l plans,
specifications, standards, sizes, lines and grades approved by the City Engineer,
and all State and County statutes applicable thereto.
(4) It is further agreed to that when called upon by City to do so,
Subdivider wi'l 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 a'l of the public improvements herein described.
1 of 4
I'
\
(5) It is further agreed to that Subdivider shall participate in and
become a part of any special assessment district as described in paragraph
(4) of this Agreement.
It is expressly understood that any obligations of Subdivider contained in
this Agreement that are accomplished to the satisfaction of said City Engineer
by said special assessment district shall be considered null and void.
(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 Department 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 the County of Santa Clara,
where indicated.
WHEREVER the word "State" or words "Division of Highways" are mentioned
in the State Specifications of the City of Campbell and Specifications of County
Sanitation District No.4 of Santa Clara County, 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.
In case of conflict between the State Specifications and the Specifications
of the City of Campbell and Specifications of County Sanitation District No.4
of Santa Clara County, 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.
(7) It is further agreed to that Subdivider shall deposit with City,
when called upon to do so by the City Engineer, for office examination of
improvement plans, field examination of improvements, inspection of construction
of improvements, and all necessary expenses incurred by City in connection with
~~~~-~~~::_~~:_~~ l~~2~~O~~_~~EE HUNDRFO TWFNTY-SIX-----------------------
(8) It is further agreed to that Subdivider shall file with City, upon
execution of this agreement, surety in the amount of FOUR THOUSAND SEVEN HUNDRED
FIFTY------------------------------------- ($4,750.00~ to insure payment for
labor and materials and surety in the amount of NINE THOUSAND FIVE HUNDRED------
------------------------------------------ ($9,500.00---) to insure full and
faithful performance of the construction of all the aforementioned improvement
work, excluding sanitary sewers and water distribution system. Said sureties
shall guarantee that Subdivider will correct any defects in the aforementioned
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 thereof, as well as paying the cost of all labor and materials
involved. These sureties shall remain in full force and effect until one (l)
year after the date of final acceptance of said improvements by City.
2 of 4
.--- ..-..--,..,.-, .-w'-'-."'" ,.. ......~r'.".""'------'-'
'-"-"""~" ..
(9) It is further agreed to that Subdivider 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 Tract No. 6608 and that Subdivider shall file with City,
upon execution of this agreement, a letter, from said Sanitation District No.
4 of Santa Clara County stating Subdivider has made such deposits or filed
such bonds and entered into such agreements.
(10) It is further agreed to that Subdivider shall pay to Pacific Gas
and Electric Company any and all fees required for installation of underground
wiring circuit to all electroliers within said Tract No. e608 when Subdivider
is notified by either the City Engineer of Campbell or the Pacific Gas and
Electric Company that said fees are due and payable.
(11) It is further agreed to that Subdivider shall make such deposits
or file such bonds and enter into such agreement as required by San Jose Water
Works----when called upon to do so to insure the installation of a water
distribution system to serve said Tract No. 6608.
(12) It is further agreed to that any easement and right of way within or
without Tract No. 6608 necessary for the completion of the construction and/or
installation of any and all of the public improvements embraced by this agreement
and as may also be otherwise shown upon the improvement plans for said Tract No.
6608 shall be acquired by Subdivider at his 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 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 acquired 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,
engineering, and other incidental costs shall be deposited with City.
(13) It is further agreed to 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 work required to abandon, remove, raise, lower, relocate,
and otherwise modify irrigation 1ine or lines within the boundary of said
Tract No. 6608.
(14) It is further agreed to that Subdivider shall indemnify and save
harmless the City of Campbell, the City Council, the City Engineer, and all
other officers or employees of City from any suits, claims, or actions brought
by any person for or on account of any injuries or damages to persons or
property sustained during or arising out of the construction of the on-site
work due to any acts, omissions, or negligence of Subdivider, his officers,
agents, employees, or contractors.
(15) It is further agreed to that the above named terms and conditions
shall bind the heirs, successors, administrators, or assigns of the Subdivider.
3 of 4
IN WITNESS WHEREOF. said City has caused its name to be hereunto affixed
~y its Mayor and City Clerk. thereunto duly authorized by resolution of the
City Council. and said Subdivider has hereunto caused his name to be affixed
the day and year first above written.
CITY OF CAMPBELL
Mayor
City ETërt
~
~~OL
Wanda J. Barnes
(Notary Certificate)
~ ~. Al Chanda
c..::-.; LC <2-?? ~
Carol Chanda
4 of 4
þ
Fa1_..ful Performance
~
Bon d No ./ff7D~l (7/sh
prem i urn~qñ
KNOW ALL MEN BY THESE PRESENTS:
Whereas, The City Council of the City of campbell, state of
California, and Barre L. Barnes, Wanda J. Barnes, Ronald J. Laffen, Marlene
M. Laffen, James E. Langley, Patsey Jean Langley, Al Chanda and Carol Chanda
(hereinafter designated as "principal") have entered into an
agreement whereby principal agrees to install and complete certain
designated public improvements, which said agreement, dated
, 19_, and identified as No. S.T. (17)
is hereby referred to and made a part hereof: and
Whereas, Said principal is required under the terms of said
agreement to furnish a bond for the faithful performance of said
agreement. .
Now, therefore, we, the principal and Balboa Insurance Company
, as surety, are held and
firmly bound unto the City of Campbell, hereinafter called "City",
in the pena 1 sum of NINE THOUSANQ..flVE HUNDRED ------------------------------
-----------------------dollars ($9,500.00-------) lawful money of the
United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above
bounded 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 the 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, and shall indemnify 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, there shall be included costs
and reasonable expenses and fees, including reasonable attorney's
fees, incurred by City in successfu~ 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 anywise affect its
obligations on this bond, and it does hereby waive notice of any
such change, extension of ttme, alteration or addition to the terms
of the,agreement or to the work or to the specifications.
1 of 2
In witness whereof, this instrument has been duly executed
by the principal and surety above named, on , 19__.
WITNESS OUR HANDS this
19_"
day of~EP 4 -1979
"--.-
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Barre. S
.r J, ~)
c'.-<!'._-,
-lLJ ~, . L ..~ -_..~ "-~
J.:."....eJi ð anda T Bãrnes
(/ ~ La Hen
¿:r
/? /';. A 1. Chanda
(~/ ~~
Carol Chanda
(Attach Acknowledgments)
(Both Principal's and)
(SUrety's Attorney in fact)
SURETY ßalboa Insurance CompäRY
2 of 2
~
tabor' _~d Materials
Bond No 'f:1¿CX/ 155h
Premium . "lig
KNOW ALL )ŒN BY THESE PRESENTS:
Whereas, The Cit¥ Council of the City of Campbell, State of
California, and Barre L. Barnes, Wanda J. Barnes, {onald J. Laffen, Marlene
M. Laffen, James E. Langley, Patsey Jean Langley, Al Chanda and Carol Chanda
(he~einafter designated as "principal") have entered into an
agreement whereby principal agrees to install and complete certain
designated public improvements, which said agreement, dated
, 19_, and identified as S. T. ll7}
is hereby referred to and made a part hereof; and
Whereas, under the terms of said agreement, principal is
required before entering upon the performance of the work, to file
a good and sufficient payment bond with the City of Campbell to
secure the claims to Which reference is made in Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the
Civil Code of the State of California.
Now, therefore, said principal and the undersigned as
corporate surety, are held firmly bound unto the City of Campbell
and all contractors, subcontractors, laborers, materialmen and
other persons employed in the performance of the aforesaid
agreement and referred to in the aforesaid Code of Civil Procedure
in the sum of FOUR THOUSAND SEVEN HUNDRED FI FTY--_uuu__u_----u----u---
u----u_----_u- dollars ($ 4,750. OOu--), for materials furnished or
labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work or labor,
that said surety will pay the same in an amount not exceeding the
amount hereinabove set forth, and also in case suit is brought
upon this bond, will pay, in addition to the face amount thereof,
costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by City in successfully enforcing such
obligation, to be awarded and fixed by the court, and to be taxed
as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this band
shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under Title 15 (commencing
with Section 3082) of Part 4 of Division 3 of the Civil Code, so
as to give a right of action to them or their assigns in any suit
brought upon this bond.
Should the condition of this bond be fully performed, then
this obligation shall become null and void, otherwise it shall
be and remain in full force and effect.
The surety hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of said
agreement or the specifications accompanying the same shall in
any manner affect its obligations on this bond, and it does hereby
waive notice of any 8uch change, extension, alteration or addition.
~,
In witness whereof, this instrument has been duly executed
by the principal and surety above named, on , 19 .
WITNESS OUR HANDS this day of SEP 4 -1979 -
19_"
and J.
/) ~ ;w& J ~i-
V R d J.
æJ,
Marlene
Laffen
f?
O-h: ~,--L
Al Çhanda
.(J ..
(Attach Acknowledgments)
(Both Principal's and)
(Surety's Attorney in fact)
SURETY Balboa insurance Compal1y
V ASHMORE
ATTORNEY-iN-FACT
2 of 2
~
LBOA INSUR:\NCE COMPAN
620 NEWPORT CENTER DRIVE, NEWPORT BEACH, CALIFORNIA 92660
GPA
2693
GENERAL POWER OF ATTORNEY
NUMBER VALID ONLY IF IN REi,
Know All Men by These Presents, That BALBOA INSURANCE COMPANY, a corporation duly organized and existing ùndcr the
laws ofthe State of California, and having its principal office in Newport Beach, Orange County, California, does by these presents make,
constitute and appoint
JOY ASHMORE
of Bur 1 ingame and State of Ca1 ifornia its true and lawful Attorney(s)-in-Fact, with full power and
authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver
CONTRACT BONDS (S.B.A. Guarantee Agreement) - $200,000.00; LICENSE & PERMIT
BONDS - $50,000.00; MISCELLANEOUS - $50,000.00; CONTRACT BONDS - $50,000.00;
COURT BONDS - $50,000.00; FIDUCIARY BONDS - $50,000.00
"nus POWER OF ATTORNEY SHALL TERMINATE AND BE
OF NO FURTIlER EFFECT AFTER DECEMBER 31, 1979"
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the
premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Balboa
Insurance Company at a meeting held on the 22nd day of March, 1962.
"Be It Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested
with full power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
"Section], Attorney-in-Fact. Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the
Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other
conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability
thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by
the President and sealed and attested by the Corporate Secretary."
In Witness Whereof, Balboa Insur
and its corporate seal to be her
~
~
Executive Vice President
A.D., 19BL.
"
" ...
,U ",
.. .,
.,.-
UNIVERSAL TITLE CORPORATION
-- 900 N. FIRST STREET SAN JOSE, CA.
-- 4986 CHERRY AVENUE SAN JOSE, CA.
f256 E. HMHLTON AVENUE CArWBELL, CA.
-- 3330 EL CAr-UNO REAL SANTA CLARA, CA.
95112
95118
95008
95051
(408) 298-7575
(408) 265-2332
(408) 379-6860
(408) 249-7174
PRELIMINARY REPORT
Campbell, Ca.
Barre Barnes
22660 San Juan Rd.
Cupertino, Ca.
Property Address
Date
August 10, 1979
Attention:
Your ~;o.
Our No.
200551
Dated as of ~~~_12_!____------)9.2?_-- at 7:30 A.n.
In response to the above referenced application for a
policy of title insurance, the insurer hereby reports that
it is prepared to issue, as of the date hereof, a California
Land Title Association Standard Coverage Form Policy or Title
Insurance describing the land and the estate or interest
therein hereinafter set forth in Schedule A, insuring against
loss which may be sustained by reason of any defect, lien or
encumbrance not shown or referred to as an Exception in Schedule
B or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said policy form.
This report (and any supplements or amendments thereto) is
issued solely for the purpose of facilitating the issuance of a
policy of title insurance and no liability is assumed hereby.
If it is desired that liability be assumed prior to the iS~:;\ldtW"
. of a policy of title insurance, a Binder or Commitment should be
requested.
Linda Thomas
Martha Broekhof
. ... .......... ... ......
.... ...... ........... ....
Escrow Officer
Title Officer
SCHEDULE A
The estate or interest in the land described or referred to in this 'schedule covered by this report is:
Fee
Title to said estate or interest at the date hereof is vested in:
Barre L. Barnes and Wanda J. Barnes, husband and wife, as Joint
Tenants
The land referred to in this report is situated in the State of California. County of Santa Cl ara,
and is described as follows: Ci t Y 0 f Cam pbe 11
BEGINNING at a point in the center line of Harriet Avenue, distant
thereon North 15° 53' West 946.15 feet from the point of intersection
thereof with the Northerly line of Pollard Road; thence along said
center line of Harriet Avenue, North 15° 53' West 122.65 feet; thence
North 76° 40' East 355.86 feet; thence South 15° 53' East 122.65 feet;
thence South 76° 40' West 355.86 feet to the point of beginning and
being a portion of the Rancho Rinconada de Los Gatos.
EXCEPTING THEREFROM that portion thereof described as follows:
BEGINNING at a point in the center line of Harriett Avenue, distant
thereon North 15° 53' West 1068.80 feet from the point of intersection
thereof with the Northerly line of Pollard Road, said point of begin-
ning also being the most Westerly corner of that certain parcel of land
conveyed by Raymond M. Way, et ux, to John C. Ditri, by Deed dated
August 8, 1956 and recorded August 14, 1956 in Book 3577, page 338 of
Official Records of Santa Clara County, California; thence from said
point of beginning, North 76° 40' East along the Northwesterly line of
the parcel so conveyed to Ditri, 190.0 feet; thence South 15° 53'
East and parallel with said line of Harrett Ave., 50.00 feet; thence
South 76° 40' West and parallel with the Northwesterly line of the
parcel so conveyed to Ditri, 190.00 feet to a point in said center line
of Harriett Avenue; thence North 15° 53' West Along said center line,
50:0 feet to the point of beginning.
( IT" !'rel"nl""rv Report lorm
SCHEDULE B
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy
form would be as follows: .
1.
TAXES
General and special taxes for the fiscal year 1979 - 1980,
a lien not yet due and payable.
2.
TAXES
General and special. taxes for the fiscal year 1978 - 1979
now payable.
Amounts currently assessed:
General and special County and City taxes for the
fiscal year 1978 to 1979 as follows:
Total
1st inst.
Penalty
2nd inst.
Penalty
$
$
$
$
$
696.66
348.33
20.90
348.33
23.90
Delinquent, Plus
Delinquent, Plus
Exemption
Code No.
Parcel No.
None
10-043
403-18-067
Together with such additional amounts which may be
assessed by reason of the following:
a)
Improvements added subsequent to March 1, 1975
b)
Change of ownership subsequent to March 1, 1975
c)
Any final Judgment determing that Article XIII A of the
California Constitution is invalid, unconstitutional or has
been applied improperly.
d)
Reappraisal of property values as of March 1, 1975.
Cl T A Preliminary Reporl Form
T.'.
St
dule B Continued - Page ¿
3.
A sale to the State of California for delinquent taxes for
the fiscal year 1978 - 1979. Amount to redeem prior to
August 31, is $ 760.37, Amount to redeem prior to
September 31 is $ 767.33
4.
An easement for public street purposes over so much of
said land as lies within the bounds of Harriet Avenue.
5.
DEED OF TRUST
A deed of trust to secure an indebtedness of $39,000.00, and
any other amounts payable under the terms thereof,
recorded February 20, 1979, Book E 293, Page 719, Official Records.
Instrument No. 6289529
Dated February 13, 1979
Trustor Barre L. Barnes, a married man as
his separate property and Paul E.
Fontaine, a single man
Residential Title Company, a
California Corporation
As Follows:
Trustee
Beneficiary
John A. Hubby, Jr., an unmarried man, as to an undivided 4/39ths
Beverly N. Ritchie, an unmarried man, as to an undivided 15/39ths
interest; Bonnie Lindsay, an unmarried woman, as to an undivided
5/39ths interest; Paul E. Stoft and Dorothy Stoft, his wife, as
Joint Tenants, as to an undivided 15/29ths interest; as Tenants
in Common.
Loan No.
None
The beneficial interest under said deed of trust was assigned from
John A. Hubby, Jr., an unmarried man, as to an undivided 4/39ths
interest; To - Jane Erickson, an unmarried woman, by assignment
recorded March 7, 1979 in Book E 328, Page 155, Official Records.
edule B Continued - Page
6.
DEED OF TRUST
A deed of trust to secure an inde~tedness of $58,000.00, and
any other amounts payable undpr the terms thereof,
recorded June 21, 1979, Book E 581, Page 151, Official Records.
Instrument No. 6409194 ---
Dated June 14, 1979
Trustor Barre L. Barnes and Wanda J. Barnes,
husband and wife
Residential Title Company, a
California Corporation
As Follows:
Trustee
Beneficiary
George U. Canon and CarlaCannon, his wife, as Joint Tenants, as to
an undivided 10/58th interest; Barbara Lee, an unmarried woman,
as to an undivided 20/58th interest; Eleanor M. Huggins, a married
woman, as her sole and separate property, as to an undivided 5/58th
interest; A. Mayer and S, Mayer, a Partnership, as to an undivided
5/58th interest; Alfred Mayer and Naomi Bayer, his wife, as joint
Tenants, as to an undivided 5/58ths interest; Charles Ferguson, a
married man, as to an undivided 13/58th interest, as Tenants in
Common.
Loan No.
None
Said matters affects this and other property.
7.
ABSTRACT OF JUDGMENT
Abstract of Judgment, recorded June 11, 1979, Book E 557, Page,
464 Official Records.
Court Case No.
Total
In Favor Of
Against
Attorney for
Judgment Creditor
20472
$1,763.10
Berlogar, Long & Associates
Barre Barnes, et al
Richard R. Herzog, Esq.
Mitchell & Herzog
550 Hamilton Ave., Suite 326
Palo Alto, Ca. 94301
Telephone (415) 327-7476
NOTES
a.
The following conveyance was recorded during a period
of 24 months preceding the date of this report:
Deed to Barre L. Barnes and Wanda J. Barnes, his wife as joint
. tenants to an undivided 1/2 interest and Paul E. Fontaine, a
single man as to an undivided 1/2 interest, from -
- Barre L. Barnes and Wanda J. Barnes, his wife and Paul E.
Fontaine, a single man and Al Chanda and Carol Chanda, his wife and
James E. Langley and Patsy Jean Landley, his wife and Ronald J.
Laffen and Marleen M. Laffen, his wife, Recorded February 20, 1979,
Book E 291, Page 424, Official Records.
NOTES CONTINUED
Deed to - Barre L. Barnes and Wanda J. Barnes, husband and wife,
as joint tenants, from - Paul E. Fontaine, a single man, recorded
June 21, 1979, Book E 581 Page 145, Official Records.
ST
(mb)
/
/
/
!~'
.'-"
-..
,....."
CONDITIONS OF APPROVAL - TS 79-9
APPLICANT: Barnes. Fontaine. et al
APN: 403-18-66 & 67
Page 1
The following conditions of approval are recommended concerning the subject
tentative map submitted by Paul E. Fontaine:
1.
Installation of a sanitary sewerage system to serve all lots within
the subdivision in conformance with the proposed plans of the County
of Santa Clara Sanitation District No.4. Sanitary sewer~ge service
to be provided by said District No.4.
Installation of a water distribution system to serve all lots within
the subdivision in conformance with the plans of the San Jose Water
Works. Water service to be provided by said San Jose Water Works.
Fire hydrants and appurtenances shall be provided and installed at
the locations specified by the Fire Chief, Fire Department. City of
Campbell. Fire hydrant rental fees shall be paid to City at the rate
of $195.00 per fire hydrant.
2.
Subdivider shall create or provide any public service easement and any
other public utility and/or public service easements as may be necessary
for the installation of any and all public utilities and/or facilities.
4. Compliance with the provisions of Title 20. Subdivisions of the Campbell
Municipal Code. '
3.
5. Subdivider to pay Storm Drainage Area Fee of $701.00.
6. Subdivider to furnish copy of Preliminary Title Report.
7. Subdivider shall execute an agreement and post surety to connect a
storm drain lateral into existing drop inlet.
8. Subdivider shall execute an agreement and post surety to either
install street improvements on Harriet Avenue or join a Local
Improvement District for Harriet Avenue.
9.
Dedicate additional right-of-way to widen Harriet Avenue to 30 feet
from centerline.
10.
C.C.&R.'s to be approved by City Engineer to insure provisions for
main~enance of buildings and common area.
Provide a grading and drainage plan for the review and approval of
the City Engineer.
Southerly driveway approach to be a minimum of 25 feet wide and
5 feet from property line.
11.
12.
I,
/
,
COSNTRUCTION COST ESTIMATE FOR
TRACT NO. 6608
FUTURE IMPROVEMENTS
Concrete
Driveway approach:
122.7 LF @ 7.50 = $ 920.25
328.3 SF @ 3.50 = 1 ,149.05
541.5 SF @ 5.00 = 2,707.50
Curb and gutter:
Res.jComl. Sidewalk:
Pavement (TI=6, R=40)
A. C. :
( 2 ,207.7 SF) ( $0. 1 5)( 5!z \I )
=
1,821.35
Miscellaneous
Street trees (15 gallon):
2 EA @
75.00
= 1 ,362.00
= 150.00
$8,110.15
1,216.52
$9,326.67
E'lectrol ier:
0.681 EA @ 2,000.00
Sub-Toal:
15% Contingency:
TOTAL:
Faithful performance bond $9,500
Labor & materials bond
$4,750
Plan exam. & constr. insp.$ 326
Storm drainage area
$ 701
By: L. Snyder
Uate: 7-18-79