1315 Pollard Rd. (76-38)
RECEIPT
CITY OF CAf\ BELL
CAMPBELL. CALIFORNIA
NAME
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ADDRESS
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FOR ,.
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REVENUE ACCOUNT NO.
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FUND NUMBER
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DATE
AMOUNT
THIS RECEIPT
MUST BE MACHINE
VALIDATED AND
SIGNED BELOW.
DEe -7-76
010 ****170.00
65 010A ***170.00
OEC-7-76
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BY
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CITY CLERK
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CITIZEN COpy
TfiGn. You
CITY OF CAMPBELL
"ttn'ER-DEPARTMENTAL fil' - ~RANDUM
-"1'0: Building Department
FROM: Public Works Department
The requirements of the Public Works Department have been
satisfied for the following development:
APPLICANT
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BUILDING ADDRESS
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CqUNTY ASSESSOR'S
PARCEL NUMBER
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"S" APPROVAL
NUMBER
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PUBLIC WORKS
FILE NUMBER
S, \. ~")
JOSEPH ELLIOTT
DIRECTOR OF PUBLIC WORKS
By
LC
28 ~c:...
Date
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A G R E E MEN T
---------
THIS AGREEMENT, (identified as No. S.T. (15) made and entered
into this day of , 19____, by and between
hereinafter referred to as "Owners", and the CITY OF CAMPBELL, a
municipal corporation of the County of Santa Clara, State of Cal-
ifornia, hereinafter referred to as "City".
WITNESSETH:
WHEREAS, Daniel V. Texera, did heretofore on November 22, , 1976
apply to City for approval in order to construct a duplex
structure upon that certain real property shown as
Parcel "B" upon that certain Parcel Map
recorded March 6 , 1975 , and filed in Book 352 of
Maps at page ~ of the County Recorder of the
County of Santa Clara, State of California, which property is hereinafter
referred to as IIsaid real propertyll; and
WHEREAS, on December 3 , 19 76 , the
Planning Director of City did consider said application and
grant his approval thereon subject to certain conditions thereof as
contained in Conditions of Approval,
"S" 76-38 ; and
WHEREAS, Owners have purchased said real property with all the
benefits and burdens thereof;
NOW, THEREFORE, IT IS MUTUALLY AGREED TO by and between the parties
hereto as follows, to wit:
(l) It is agreed to that Owners are not required to
prepare and/or cause to be prepared a parcel map in accordance with
the provisions of the Subdivision Map Act of the State of
California, which map shall be submitted to the City Engineer of City
for examination, approval and recordation within thirty (30) days
from the date hereof. It is further agreed to that if Owners choose
to, or are required to, submit a parcel map, Owners shall pay City the
sum of SEVENTY-SIX - - - - - - - - - - - - - - - - - -DOLLARS
($76.00) for the examination of the tentative and final parcel
map.
(2) It is further agreed to that Owners shall provide, construct
and/or install at their own proper cost and expense upon Pollard Road
(and/or Burrows Road) throughout the frontage of said real
property public street improvements consisting of, but not limited to,
the fo 11 owi ng:
1 of 6
(20) This instrument is and shall be considered to be an
instrument affecting the right, title, interest in or posssession
of the real property hereinabove described.
IN WITNESS WHEREOF, said City has caused its name to be
hereunto affixed by its Mayor and City Clerk, thereunto duly
authorized by resolution of the City Council, and said Owners
have hereunto caused their names to be affixed the day and
year first above written.
CITY OF CAMPBELL
Mayor
City Clerk
OWNERS
(Notary Certificate)
6 of 6
MEMORANDUM
CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT
TO:
Bill Seligmann
City Attorney
~""'~Robert Harary, City Engineer -~-r:'- /.I--"~
Cruz S. Gomez, Assistant Engineer-- r ~
Robert Kass~ Director
DATE: January 23, 1995
FROM:
VIA:
SUBJECT:
1313-1321 Pollard Road, Ducato Street Improvement Agreement
------------------------------------------------------------------------------------------------------------------
As you discussed with the City Engineer on January 18, 1995, we are enclosing a copy of a letter
from Mrs. Susan Ducato, dated January 6, 1995, a copy of an Agreement between Joseph R. and
Susan R. Ducato and the City, dated May 23, 1975, and a copy of a Certificate of Deposit (CD)
which the Ducatos posted as a bond in lieu of constructing street improvements at the above
address.
The letter requested that the CD in the amount of $5,200, the plan examination and construction
inspection fee in the amount of $183, and the storm drainage area fee in the amount of $170 be
refunded due to the fact that the City did not enforce construction of the improvements for almost
20 years. Staff believes that the latter two fees should not be reimbursed under any
circumstances.
The Public Works Department still wants to have the public improvements constructed at this
location. However, the amount of the CD would not cover the estimated cost of the improvement
at today's prices. We also need to know what our limitations are with respect to being able to
enforce the conditions of this 20 year old agreement now or in the future. The Agreement does
not include a termination clause.
In addition, Item #10 in the Agreement refers to a possible future special assessment district. It
is not clear if the City could release the CD and still not terminate this agreement for a possible
future assessment district formation, or if releasing the CD dismisses all terms of the entire
Agreement.
Please review and comment. Your comments are very important in that we likely have other
similar cases in the City. Perhaps we could also discuss this at one of your Tuesday visits.
h: 1313pollard(mp)
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RECE~VIE~
JAN ij 190~
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ADMIN1STRA, :~_
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CERTIF!CATE OF DEPOSIT
CItAnTER DEPOSITOR
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ACCOUNT NO.
DA.! WITHOAAWALS
INTE"EST.
OE~OSITS
BALANCE
1 r,.\Y21~
2
3
4
5
6
7
8
9.
10
11
12
13
14
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5Y200.00-g-~
AN AODITIONALDEPOSIT MAY EXTENDTHE MATURITY DATE OF THIS CERTIFICATE
ACCOUNT_ THE NEW MATURITY DATE, INDICATED BY SYMBOLS N M, WILL APPEAR
ON THE LINE ABOVE THE LAST DEPOSITED AMOUNT.
atrrtifirat! af IJrpasit
May 21-19'75
DATE OF ISSUANCE
This certifies that
Joseph R~ Ducato
as joint tenants
or Susan R~ fr.J.cato
~.. opened a certificate of deposit in the initial principal sum of $ I) 200 ~ 00 _and
· he. - - I d. May 21-1981 ad' . I
..:Ir t initiO term en Ing . as lUsted as to p;mc.pa
and term from time to time and recorded in this evidence of account in Pio_, fede,al
SaYings and Loan Aaociati?n, Campbell. California. subject to its chane, and bylaws,
to the Rules and Regulations fo, the Federal SaYings and Loan System. to the Regulations
for the Federal Home Loan Sank System. to the laws of the United State.. of America. and
to the rules established by its board of directors for this deposit classification conSIlient
with said charter, bylaws. rules, regulltions Ind Ilws. This sum shill bear intllest It
7M
the llle of _~
" per annum, payable on
Juno
and
31-1971)
quarterly thereafter. provided the account is not reduced below the minimum amount
.stablished by the association to be eligible to receive the ..ated rate. If the rate or term or
both is adjusted in connection with I change in the account balance. such rate and term
shall be as indicated in this evidence of account.
This certificate of deposit shall be automatically and successively renewed at the con.
clusion of each term It the last applicable ra.. paid on thiS cenificate and for the minimum
term established et that time by the association for this dass cf account. except that at
le..t fifteen days prior to a matullty dale .he aSSOCIation may give written notice to the
depositor that this cenificate will be renewwd at a different rate and/or a differellt term, or
will not be renewed and will revert to the status of a regular savings deposit and earn
interest at the rate paid on regular savillg$ deposiu.
In the event of any withdrawal from this aCClOUnt during the first thrP.e months 190 days) of
the term. no earnings shall be paid on the amoun. withdr_n. In the event of any withdrawal
therelfter, prior to the conclusion of the term. earnIngs on the amount withdrawn s..all be
p.id at the then cu'rent rate on regular aCCDUnlS for the periOd since Issuance or renewal
of the .ccount, less three months. To the alent necessary to comply with these rtqulre.
nwnu. deductions shall be made from tho a_ withdrawn.
In the e~.nt the term of this certificate is e~d by reason of an additional deoosil. tho
withdrawal penalty prOVISion applicable d&ainelbe originalter,m will also apply to any w.th.
drawal during the extend~ term.
Determination of earnings is subject to the lUllS .steblished by the association for this
e1... of IeClOUnt. -
Issued It Campbell, California. . . ~~ CfJd.
PIONEER FEDERAL SAVINGS AND LOAN ASSOCIATION IAU,.,ORIZEO SIONATUHEI
MEMBER FEOERAL HOME LOAN BANICSYSTEM
FEDERAL SAVINGS a. LOAN INSURANCE CORPORATION
TO BE F:LCORCW WiTHOUT FEE CITY OF CAMPBELL."
SEC710N 6103 GOVERNMENT cnD~ 75 NORTH caNTRAL AVE
AT THE REQUEST Of CITY OF CA :11 CAMPSB..l.. CALJP"ORNIA SS, J
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B_ 459 PAtE 93
Ti!:;:S hG;\'EEXENT, made a:1:! e:-; t~rl2ct into th is..
_-"'//I.'L._____u__. 1.9...2L_, b~,' 4H1d be~;:....een~~:SE":12.0_ [.c..
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::> ,..) - day ~)t
Ducato and
'~2:':er.t-ed to
co:.cporaticr,
hGr-e i-'1:l ft.f'!"
- , hcrcinaftc="
as "O..:ne:'s". unci the CITY OF' C!>.I"lPBELL, a ffi'...lnicip.:tl
~t the Cow:ty of Santa Clara, State of Califcrnia,
r-ef.::.:r-red to as "City".
~vTl'NESSETH :
~-nr8IU::AS. Owncr-s did L1eretorore on J"Jne V1 19-14_,
~":::~~,' ':--, ,~~ -:-'. .,=",1" "e:: a-ot)'f"'ova 1 in .)rder to
,... '. - c' r ~..: f- .-"-- . ~_: .." ~ - ~.~ "~--;.--::- ::.::~:- --.-- ---
_0:1 ~ 1:._ 1.1 <.; '- =:I .0.._ - ..'.L..n '-1 tOOl /,,-,\..4;. t::::::. =:..':::-t ~ ;-:1 ::: ~~ 2.1.
p-rO~j0-;ty - describGc3 that ce.r".:ain J:ndivicfua"'1.10int Te!"!.anc.y' _,
[J~;ed
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r~~or(;2d_ M(:L!;:~~ J'? , 19 75 and iil.::d in Book_,aJ.,f.L_'=>=
Officl.a l RAccras at -:::acre 4) 7 oZ the County Recorder of t:!lc
County of Sa:1ta -Clar3, "Sta-te of California, which property l.."-,;
hercir.tifter referred to ::is "said 1."(;.'11 prap'2r-ty"; and,
l\1U7.'r.;'..-'~~S at l.'t'" "'e'(-fu'~'~ mt:;"~tJ"''''' rleld JU1'_118
. ~n_I"\'L.,,;_..~ I .,) _ ':J ~- e'.L. .....- _ .....-:: .... I
19_J-1 _, said City di~-=: conside.r.'::ai.d applic2tion and g1.-2nt its
appr~'!alt'he.reon S1.l~j ect t~ cEr-":ai:l condi ti ons thereof as -::(.-:1-
-::ained in the C3J2.~ro?a L therefor r::i1o:,vn as "s" 74-16
NOW1 THEREFORE. IT IS Mu~UALLY AGPESD TO by and between
the parties hereto as follows, to wit:
(1) It is agreed to th~t O~~ers are required to
?rEp~r~ a~d/or cause tQ be p=epared a parcel map bas~d ~pon =
field snrV'2V 2nd/or record data in accordance with thE: prcvi-
sic'ns of. th..~ Subdi-,.ti:.:.i'~r~ ~1~~ Ac't of ~~~ .s"!.:~te c<E ("'~~lj fO.Y."ni;j.
whic1'; parceJ. map shal:.. be pi:-epared by a licensed lClnd SUrVe)i()J.
or reGistered civil enain8cr and which map sh~11 be submitted
to t'h;' City Engineer of City for eX<:HTtinatioTI, approval and
..,,-,crrr'-'""'l.O..... ,-ithl'n ""r-l: ~i-~r ("'U'" ,.;-"r- [-ro"" rl'e d:-.to 'l::>>-Cn-= It
.... f".:: - U - -:.:. \... - ~.l ..~, ~ J. .~. .:....... _ ~ .:..' I ..... (.;'': .:> .HI......&... c....;, _ .1 <_ _ _ ..;... .
is furUlcr agreed to that if O~n~rs c~oose to, or arc required
to, ;':;UI.;~lit ~ ?3rcel map, Q.'mers shalt pa? City the sum of_
Sc,,-entv S i.x DOLLl\.R~~
~$~'6_.00~=--_J fo:r:che exar.linatio:1 of the ten'Lative and. final
p2rcc'1 m<3.p.
(2' It i~; fUl't:l!.2r- agrp.ed to th;.t OV.'IIcrs shall !->rov ide,
const7."uct an,Vc,r in"t::,ll .:1: their mVI1 pr~per cost a~1d cxpense
upon_~~l:2..~=-'~ RC3d _ t11ronqhout th€: frontage of said
~0~1 propcrt~ public s~rc0t iffipravom0nt~ c8nsisting of, but
net 1 imi tc-:l La, the folIc',.: ing;
1 of:' G
B 459 PAGE 94
FIRST: Provide and construct City of Campbell standard
curb and gutter, sidewalk and driveway approaches, consisting
of ?ortland Cement Concrete, as shown upcn the improvement
pl~ns for said real ~r2perty approv~d by the City Engineer of
City.
SECOND: Provide and construct City of Campbell standard
pavement structures consisting of untreated crushed roc1: base
course and aSFhaltic concrete surface course or approved
equivalent in accordance with said approved improvement plans.
TdIRD: Grade said real property in accordance with
aE)roved bui lding plans.
FOURTH: ?l.-cv:.ae c:nd i.r.i~:':11l Ci:t:" 0= (';;~pbell st:andard
electrical underground conduits with conductors and junctior~ boxes,
a ~_l as shown upon said plans and as approved by said City Engi.neer.
FIFTll: Provide and install or cause to be installed
Q. \vater distr:...bution sy:stern, to 3e:;:-ve said real property as sr.o'v':n
upon said plans.
SI~H: Provide and install a sanitary sewerage system
to se~ve said r.eal property as shown upon said plans.
SEVENTH: Provide and inst311 an underground electrical
energy system and an underground telephone system to serve
said real p~operty.
~
EIGHTH: Provide and plant street trees of a variety ~nd
si~e as shmm upon the plans and as approved by said City
Engineer.
"
2 of G
.,
B
459 PAGE 95
(3) I~ is further agreed to that O'tmers shall provide and
construct and/or install all of said public street improvements
,,.!hen Owners are so notified to do so by said City Engineer of
City.
(4) It is further agreed to that all of said improvements
shall be constructed and/or installed within twelve (12) mon~ps
from the date that Owners =re notified by said City Engineer to
do so; provided, however. that in the computation of said
twelve-month period, delays due to or cuused by ucts of God,
viz., unusually inclement weather, major st.rikes, other delays
beyond the control of Ovmers shall be ex~luded.
It is expressly ur.derstood ~~d agreed to that if Owners
s::u.ll fail to complete the work required by this Agreement
'-d,~hi:!:. the s<:iic1 p0..r:iod of twelve (12) months, thE: City, after
giV]_l1g ten (10) -days written l'loti,;;..:: ti:t€:.::e:o:: -:.::) O'~'n~~rs. IT:?y
construct and/or insta.ll said improvements and recover the fuLl
cost and expens2 thereof from O"~ers.
(5) It is further agreed to that Owners shall prepare or
C2use to be prepared at thei.r cost and expense improvement
plan.s for the construction and/or installation of said public
st:~eet improvements, which plans shall be prepared by a civil
'encineer licensed by the State of California, which olans shall
-.- ~
be submitted to City Enqineer of City for his'examina~ior.. and
appn.~val and which plans shall be submitted to City E!1gineer
\\'hcr.. O','mers are so n:>tifiesl by said Ci ty Engi.neer. '
(6) It: is further agreed to that the construction wo~k
of the i.mp:::-ovements embraced by-this Agreement shall be done
in accordance with the Standard Specifications of the Depart-
men t of Public tvorks, Divisicn of Higlwlays, State of California I
date~1 J'anllary, 1973, and in accordance with the Spe,~ifications
of the City of Campbell and Sanitation District No_ 4 of Sante
Cl.u:a County, where indicated.
WHEREVER the word "State" or words "Division of High~..,ays"
t. J' ~ . -- .' '.. ~~ . .
are men ~one(! !.n t,~e State Sr-ec~I ::..ca~~OllS, :.x. S~lo:'i-,-.L .;Jc con.:: ],_
del:ed as referring to the City of Campbell. Also, "'..herever the
"Director" or "Director of Public Works" is mentioned, it she;.ll
be considered as referring to t~e City Engineer.
In case of conflict beb!ecn the State Specifications and
the Specifications of th2 City of Campbell and Sanitation
District No. 4 of Santa Clara County, the Specific~tions of
the City of Campbell and Sanitation District No. 4 of Santa
Cl ara Coun ty shall t~kc precedc:::1ce over and be: used. in lieu of
5uch conflicting portions:
(7) It is furthc;~r agreed to that O,^'lierS shall dcpos it
.....ith City, when callej upon to do so for office eXil-
mination of improvE'::ncnL plans, field inspection of constructi.on
of imF~::ovCIllOl1t-:S und all neces2ary expenses incurred by City in
connection with said improvc--:fi1Cl:ts Clnd ull necessary expeases
3 of 6
'\
B '0 459, PACf 96
incurred by City in connection with said real property the sum
of One Hundred Eighty Three
DOL~~RS ($ 183.00
) .
(8) It i~ further agreed to that Owners shall file .."ith
Cit.y, upon execution 0 f this Agreement, a bond in the amount
of Five Thousand Two Hundred
DOlJLl>.RS ($ _5,200.00 ) to insure full and faithful performancE
of the construction of all the aforementioned improvement work,
excluding sanitary sewers and water distribution syst.em. Said
bond shall guarantee that Owners shall correct any defect which
may app02ar in said work within one (1) year-from the date of'
acceptance of the 'V:ork by Ci'ty and pay for a.."1y damage to other
'Nark Icsult:i_ng from the construction thereof. as well as paying
th2 cost of all labo.:- and materials ir,volved. This bond shall
l.-e~~ai,~ I!! f'-lIl~o.:::'cc end ef.fect l1ntil one (1) year after <.1at,=
of final accept~ice of saiu iiliprO~2~ent5~
(9) It is fu:-ther agreed to that City reserves the righ-:.
to revise storm drain design shown on approved irnprcvement plaD~
provided O~mers a~e given reasonable written nutice of City1s
intention to make revisions. Reimbursement amoun't will be
adjusted by difference between revised storm design and pre-
sen-tly a?proved storm design, in accordance with City of Campbell
Storm Fee Schedule.
(10; It is further agreed to th2t when called upon 'by
City to do so. Oymers will execute a petition for' the furraation
of any ~pecial assessment district created pursuant to any
special assessment act as provided in t.he Streets and Hig11'N'ays
Code of the State of Califo~nia.creat~d for the purpose of'
constructing and/or installing any or all of the public street
improvements herein described within the rights of way herein
mentioned.
(11) It is further agreed to that Owners shall partici-
pate in and become a part of any special assessment district as
described i:l paragr'aph (10) oE this Agreement.
It is expressly understood that any obligations of O\vners
contained in this Agreement that are accomplished to the satis-
faction of said City Engineer by said special assessment
district shall be considered null and void.
(12) It ,is fu:-tlier agreed to that Owners shall file v.Tith
city, upon execution of this Agreemcnt, a letter, from said
Sanitation District No. 4 of Santa Clara Co':nty stating thClt:
Owners havG entered in-::o an ag~eement with tt.hc sai<.1 Dis'crict
No. 4 to install sanitary sp.'Wers to serve said real' property,
and statinCJ that u bond to insure full and :ai-thful performance
of the construction ofc.hc sani..tary sc\...ers md to insure the
general guarantc~ uS stated below in paragraph (14) has been
filed.
4- of 6
. ..
-
B. 459 PACE 97
(13) It is ,further: agreed to that Owners shall pay to
~ncific Gas and Electric Company ~ny and all fees required
for ins talla t ion of underground 'lIiring t:!ircui t to all electro-
].i,ers wi thin sa id real property, when Owners are notified by
ei ther the City Engineer of Campbell or the Pac,ific Gas anu
Electr ic Company ~hat the said fees al:'e due and payable.
.
(14) It is further agreed to that Owners shall make
such deposits or file such bonds and enter into such agreeme~t
as required by S3D Jose W2ter Company when called upon to de
so to insure the installation of a ....,ater distribution system
to serve said real property, including fire hydrcmt.
(15) It is further agreed to that any easement and
r.Lght of vlaY within or without said ~'eal' property necessCJ.ry
for ~he cQ~p12~~0n of the project shall be acquired by Owners
at their own cost an(~ expense. I'i.: is p!:o'Jided, ~c-:';~'.~e~'. that
in the event eminent domain proceedings ~~e req~ired for the
pUl:pose of securing said easement and right of way, Owners
shall deposit or cause to be deposited with City a sum cover-
ing the reasonable :T!~rket value of the land. proposed to be
taken and to be included in said sum shall be 3. reasonable
allmvance for sev'erance damages, if any. It is further
provided tl1at in addition thereto SUC:1 sums as may be ,required
for legal fees and costs, engineering and other incidental
costs shall be deposited with City.
(16) It, is fUl.-ther agreed to that Ovmers sha 11 carry out
any and all negotiations with all interested parties end shall
perform or cause to be performed at t.:beir Q\'vn cost and exp~nse
and to the satisfaction of the City Engineer a~y and all work
required to abandon, remove, raise, lower, relocate and other-
wise modify irriga.t,ion line 'or lines \ViU1in the boundary or
said real property.
(17) It is further agreed to that the storm drainage area
fee in connecticn with said real property cu"1d in conformance
with the requirements established by Section 9110.5 of the
Campbell Hunicipa],. Code is Ln t.:ie am'.:,unt' of One Hundred
Seventy Dollars DOLLARS ($170.00 ).
{18) It is further agreed to that Owners shall inderrmify
and save harmless the City of Campbell, the City COUJ1cil and
the Ci ty E:1gineer, and any and all other officers or employees
of City from any suits, claims or actions brought by any per-
son for or on account of any injuries or damages to persons or
property sust<Jined or arising in the construction of the on-
sit.e work due ':::0 any acts, omissions or negligence ,of Owners,
their officers, agents, employees or contractors.
(19) I t is further agreed to tha.t the abOVe~l}umed terms
an~ conditions shall bind the heirs, successors, ~Jministrators
or assigns of Owners.
5 of 6
.",
-,
~ 459. PACE 98
(20) Ihis instrument is and shall be considered to be an
ins~rument affecting th0. right, title, interest in or posses-
~don of the: reiJ.l propcrt.}' hereinabove descr,ibed.
"
IN WITNESS t~IEREOF, said City has caused its name to be
hereunto affixed by its Mayor and City Clerk, thereunto duly
at~thorized by resoluticn of the City Council, and said Ov.mers.
have hereunto caused their rlar:\es to be affixed the day and
year first above written.
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CITY OF CAivlPBELL
~{(1 ~~
usse J. Hammer
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FEE
OWNERS
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Joseph R. Ducato
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STATF OF CALIrOln';JA.) Ii
,_................._.Colmlv of-....~~!.~...Cl~~___.............ts. 459 PAGE 99
Otl this..__.?~.!g...._.._..da)' of....._.._...... Mav ......._......._......._.......in the 'ycar OIlC thousand m'ne IllIlldred and_.....~~y~nt.Y....f.l:v.e.............
bef<w lIle, ,........_._~iI1?!.~~.~.~~e~y__.___......____.._., a Nulary F.(/;Ii~,
State of Culifon::'a, duly commissioned atld s'worn, /,ersOlla/!y appear..d......................._..,............
........Joseph...R....-and_SUsall...R......D.ucat.Q.___.._............__...._...............-......
~
Cowdc: r', For", 1\0, 3 2,-Acb.l'\.:lerl~mcnt-G.Ilc;ral.
(C C. c'ec. liS,)) (I'''''''T[I:I 2,'5,'-'", 02.'430
.........--...----.............................-..--.............-..--.......-..-............-...........-..---------....--..-------.-....---------.....--.....-
kno<<'lI to I!U to be the pcrsOtl..~...'i.t'llOse t1al1z....._y.~..subseribcd /0 Ihe 'i.i.Jit/:in ills/nmlcllt
alld aekl:m,1"d.r;eti to me t,'lat....t:..he...Y...ercCII/ed the sallie.
IN WIT:.:{;SS IVIIEREOF I /;a,Ie herelmto set III)' hGl.r!. (!mi affi:::cd IllY o[;:':ial sml
ill thc ,.._....._..~~~~_......__Co/(nty ol..__Santa_Cla;ra._........._the Jay alld )'ear ill Ihis
certifirate ,irst abo-vc .tlriltm,
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1Iy CCITIn:i,sion Expir::s.....__.________.____..._
:0 CE ;.;::c.::'.,::J WiT::OUT FEE
SEC7/0N 61C3 GC'.'ERNME;~T CODe
AT ni~ REQUEST OF CITY OF CAMPBELL
.-
~ , 459 PAcfl00
RESOLtrrION NO.
3895
~'T'.' OF CAMPaELL BEING A RESOLtrrION AUTHORIZING EXECtrrION
5 NORTH CJZNTRAL AVE OF JOSEPrI R. DUCATO AGREEMENT.
CAMPBELL, CAU,...ORNIA 9S~08
WHEREAS, there has been submitted to the City
Council by Joseph R. Ducato and Susan R. Ducato, an agreement
for the development of their real property in accordance with
prescribed conditions; and
WH:SRE.:~~8: by the terms of sa1.d agreement, and con-
currently herevlith they have submitted grant deeds of certain
portions of their property for street purposes;
NOW, THEREFORE, BE IT RESOLVED by the City Cow1cil
that the Mayor be and he is hereby authorized to execute the
said agreement on behalf of said City; and
BE IT FURTHER RESOLVED that the grant deed submitted
in connection therewith be and the same is hereby accepted.
PASSED A~~ ADOPTED this
9th
,day of June
19 75
, by the following vote:
AYES C 1 Chamberlin, Doetsch, Paul,
.: ounci men:
Podgorsek, Hammer
NOES: Councilmen: None
ABSENT: Councilmen: None
APPROVED:
Russell J. Hammer
Mayor
ATTEST:
Dorothy Trevethal! '.', ". ; ~~~..
-.. .Ci:ty~ Cle"rk
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THE FOREGOING INSTRUMENT IS A TRUE
AND CORRECT COPY OF THE ORIGINAL ON
FILE IN THIS OFFICE.
ATTEST: Dorothy Trevethan, City Clerk
CITY OF CAMPBELL, CALIFORNIA
/ .'-
BY '\ i- ' ,1'/. -</ ;--rr-
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DATED 6- / t /,r
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SUMMARY
CITY ENGINEE'R!S
CONSTRUCTION COST ESTIMATE
FOR
Daniel V. Texera - "S" 76-38
1315 Pollard Road - Duplex
1. Clearing and Grubbin~:
2. Earthwork:
3. Underground Street Lightin9 System
4. Concrete Construction:
5. Street Construction:
6. Misc. Surface Improvement~
Sub Total:
l5t Contingencies:
TOT AL :
.,,",
A
1
= $530.00
. I
= 1/1T6~OO
I
= 1,001.00
== 1-, .4-~()-.- .00
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= 2--",.-.G-2-2o.-t)t)
= 62.00
== $-6- ,:ffll ~-f)e
==
,
~42.00
== ~,-223.00
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CITY ENGINEER'S
CONSTRUCTION COST ESTIMATE
FOR
Daniel V. Texera - "s" 76-38
1315 Pollard Rd. - Duplex
1. Clearing and Grubbing:
a. AC removal: 212 sq. yd. @ 2.50
2. Earthwork:
(88) (1) (45) = 147 cu. yds. @ 8. 00
27
3. Underground Street Lighting System:
a. 1 1/2" rigid galvanized metal conduit with
two #8 AWG solid copper conductors:
86 line ft. @ 5.50
b. 400-watt, Mercury Vapor, IES Type II
electrolier, with photoelectric cell, 240-volt:
.48 @ 1,100
4. Concrete Construction:
a. Class A, PCC curb and gutter:
86 1 in. ft. @ 5. 00
b. Class A, PCC residential sidewalk:
268 sq. ft. @ 1.50
c. Class A, PCC driveway approach:
274 sq. ft. @ 2.40
5. Street Construction:
a . Al t. No.1:
1. Class 2 A.B., 1 1/2" max.:
(2,775 sq. ft.) (0.67) (0.07) = 130 tons
@ 6.00
2. AC pavement, Type B:
(2,775 sq. ft.) (0.33) (0.075) = 69 tons
@ 18.00
=
$530.00
= 1,176.00
=
=
473.00
528.00
=
430.00
=
402.00
=
657.60
=
780.00
= 1,242.00
7. Misc. Surface Improvements:
a. Street trees, five-gallon size:
1 @ 27.50
b. Signs and posts: Relocate YIELD
Prepared by:
L. Snyder
December 7, 1976
Sub Total
15% Contingencies
TOTAL
1. Use $7,250.00 for bond amount.
2. Plan examination and construction
inspection fee is $253.00.
3. Storm drainage area fee is $170.00.
( . 197 ac.)
=
27.50
=
35.00
$6,281.10
942.17
$7,223.27
fj
~iQo.GaliforQia EaQk
December 24, 1976
Mr. Joseph Elliott
Director o~ Public Works
City of Campbell
75 North Central Avenue
Campbell, CA 95008
Attention: Mr. Bill M. Helms
Engineering Manager
Reference: No. 'S' 76-38
Gentlemen:
Camino California Bank, Branch No.2, has on deposit the
amount o~ $7,250.00 ~or the construction of public street
improvements for the subject project as summarized in the
agreement between Daniel V. Texera and the City of Campbell,
identified as No. 's' 76-38. In lieu o~ bond ~or ~aith~ul
per~ormance, these funds are available upon demand, subject
to the conditions of above said agreement, to the City of
Campbell. Said funds will remain available until some other
form of faithful performance guarantee acceptable to the
City o~ Campbell is filed with you.
Sincerel~S,
cf~t: ~~
Vice President & Manager
LLK/cm.
2858 STEVENS CREEK BLVD SAN JOSE, CALIFORNIA 95128 (408) 246-9800
...
;.i'. .1 '. i.'" 11
W . ~J
p)~~\l>JJ~H)fJI Hlll'B OF TilE FAIH'UWS SANTA CJ.Ali.\ "AJ.U~l'"
75 NORTH CENTRAL AVENUE · CAMPBELL, CALIFORNIA 95008. TELEPHONE (408) 378-8141
December 3, 1976
Mr. Daniel V. Texera
1265 A E1 Camino Real
Santa Clara, CA 95050
, a 00 ~STE.8
:.vJ-Co - S"l '2... c..
~
Re: "S" 76-38
1315 Pollard Road
Campbell, CA
Dear Mr. Texera:
Please be advised that the Planning Director
to the attached conditions, your request for
construct a duplex on property known as 1315
Campbell.
has approved, subject
approval of plans to
and 1317 Pollard Road,
Section 21.42.090 of the Campbell Municipal Code reads as follows:
Any approval granted under this section shall expire one year after
the date upon which such approval was granted, unless an extension
for such approval is obtained by makinq written application for same
to the Planning Director at least fifteen (15) days prior to the
expiration date of such approval.
No building permit shall be issued after the expiration date of any
approval until a new approval has been obtained in the manner provirled
for in this Chapter.
If there are any questions regardinq this matter, please contact t~lis
office.
Very trllly yours,
ARTHUR A. KEE
Planning Dire)top.. i'
&L1- cI,-4A,,( (~,j
RICHARD L. SCHNEIDER
PI anner I I
pka
cc: Public Works Department
Fi re Depa rtment
R. L. Ferguson Drafting Service
" -
CONDITIONS OF APPROVAL "S" 76-38
Daniel V. Texera
1. Landscape plan indicating type of plant material, location of hose
bibs or sprinkler system and type of fencing to be submitted for
approval of the Planning Director at time of application for building
permi t.
2. Landscaping shall be maintained in accordance with the approved
landscape plan.
3. Faithful performance bond in the amount of $3,000 to be posted to
insure landscaping, fencing and striping of parking area within three
(3) months of completion of construction, or applicant may file written
agreement complete landscaping, fencing and striping of parking area
prior to final Building Department clearance.
4. All mechanical equipment located on roofs shall be screened as approved
by the Planning Director.
The applicant is notified as part of this application that he is required
to meet the following conditions in accordance with Ordinances of the City of
Campbell.
A. All parking and driveway areas to be developed in compliance with
Section 21.50 of the Campbell Municipal Code. All parking spaces
to be provided with appropriate concrete curbs or bumper guards.
B. Underground utilities to be provided as required by Section 20.16.070
of the Campbell Municipal Code.
C. Plans submitted to the Building Department for plan check shall indicate
clearly the location of all connections for underground utilities including
water, sewer, electric, telephone and television cables, etc.
D. Sign application to be submitted in accordance with provisions of the
sign ordinance for all signs. No sign to be installed until application
is approved and permit issued by the Building Department.
E. Ordinance No. 782 of the Campbell Municipal Code stipulates that any
contract for the collection and disposal of refuse, garbage, and wet garbage,
and rubbish produced within the limits of the City of Campbell shall
be made with Green Valley Disposal Company. This requirement applies to
all single family dwellings, multiple apartment units, to all commercial,
business, industrial, manufacturing, and construction establishments.
F. Trash container(s) of a size and quantity necessary to serve the development
shall be located in area(s) approved by the Fire Department. Unless
otherwise noted, enclosure(s) shall consist of a concrete floor surrounded
by a solid wall or fence and have self-closing doors of a size specified
by the Fire Department. All enclosures to be constructed at grade level.
CONDITIONS OF APPROVAL - "5" 76-38
Page Two
G. Applicant shall meet all State requirements for the handicapped.
PUBLIC WORKS DEPARTMENT
H. Pay storm drainage area fee ($170).
I. Enter into agreement and post bonds for future street improvements.
The applicant is notified that he shall comply with all applicable Codes
or Ordinances of the City of Campbell which pertain to this development
and are not herein specified.
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APPLICANT TE~E AA
ADDRESS 131S) 13171'319 POI' ~RD RD-
.1".
"S" NUMBER~
A.P.N.~3~1.~~~3
RECOMMENDED CONDITIONS
~~~~~~~ ~n~ ~i12 ~
Rlaf) pm 352-32 PROC€"~
WHe.N Duc.ATO PAItc..€l.. WAS
D€vELOPED.
D<vrliQ:41ie :ri3R't 'Vi ..7:4Y
X Pay Storm Drainage Area Fee .'~O
prQHigg ~il!iY ef Pnal i~il:nr::.' 'riLL... R~t-',-,Y4
x
Enter into agreement for construction of street
improvements
x
Pay fees as noted In agreement
~FER plan examination and construction inspection
Qt\!Rr-h~ll I1'-'H':'~':'J:-'ul L':'':lLtiR') n~C"t-"'~@l!! ~Y~ Y8.t;a
~ fire hydrant rental
)( Post bond as noted in agreement
)( Provide grading and drainage plan
)C. Obtain excavation permit IF ~ WO~K IS R~\)IR.ED
,tlI me Pu8LIC ff../W
~~L~~&~~ ~~g~C"C"m~nrq
Le:FT
DuE
'-URNS FR.OM O/W WILL HAve: TO 8E PR.OH ISITE'D
TO , S LAI-J D . C.MA~ Nt: LI Z.A T IoN.
NOTE TO DUcATO FILE BY R. CHEEK:
'~PLf!AsE t..ET Joe ACSAI OF P.T.t...-: KNOW O~ FuRTHER
OeVEL.OPMENT IN 11-\ IS AREA. tt