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40 Union Ave. (82-03) , IU Nann rlrst ::>treet ~V ~ . ...-- .....- Campbell, California 95008 -1/.'//~~'IJ)Ji rwJ1/ :, '.' TO BE RECOR'0ED WlTkiOUT Fee ..J ,\ ,. ~ ' ) "\ :CTlON 6103 GOVERNMENT CODE 1'\.1 -~ THE REQUEST OF CITY Of CAMPBEU l). \ ~- NOTICE OF COMPLETION ~ ~<V NOTICE is hereby given that CITY OF CAMPBELL as OWNER ~ and Joseph Elliott the undersigned, as City Engineer caused street improvements to be constructed upon the property hereinafter described. That the work on sai d street improvements was actually accepted on the 20th day of Ml'lrch , 19 84. That the name of the Contractor for said owner is K.D. Swanson & Co, Inc That the nature of title of said city to said street improvements is that of owner in fee simple, and the names and addresses of all owners of said property are: NAME B045150 . I 487 t'~Gt 491 FILE' F'A Rfe.,., t4~E~ Arn 25 8 .56 M~ .3~ OFFICIAL RECORDS Abo~~~A\~~~b~der rtFr.t,~1'UR RfCOR8EA ADDRESS city of Campbell 70 North First Street Campbell, CA 95008 That the property herein referred to and on which said street improvments are located is situated in the City of Campbell, County of Santa Clara, State of California and described as follows: 40 Union Avenue, PD 82-38 & (217) and having the following address: Dated April 13 , 19. 84 7~/~ oseph Elliott city Engineer 1 of 2 .)TT r I :;~\~~~:>;~~,.t- ---- ._- . ") ___"' ._, _' .,..._....1 _., ~'!.~~___. ~~.-~~-I(~,r (2/7 eNi, .. .-- - ,.~/:._._...- -. '-":--'j ~.: I '1"11'---1 l1J~L^,.S frill' OF CJ\MPBELL 75 NORTH CENTRAL AVENUE C AMP BEL L, C A L I FOR N I A 9 5 0 0 8 (408l 378.8141 Department: Public Works May 1, 1984 K. O. SWanson & Co., Inc. 1270 Lawrence Station Road Surmyvale, CA 94086 SUBJECT: CITY COUNCIL ACCEPI'ANCE 40 UNICN AVENUE Gentlerren : The City Council at their meeting of March 20, 1984, adopted Resolution No. 6704 accepting irrproverrents at 40 Union Avenue. A copy of this Resolution is enclosed for your records. Thank you for your cooperation in this natter. Sincerely, Joseph Elliott Director of Public Works Charlene M. Case Adrninistrati ve Aide c:M: :mt enclosure J~ 'yYt1:.., G (2 2 ) RESOLUTION NO. 6704 BEING A RESOLUTION ACCEPTING IM- PROVEMENTS AT 40 UNION AVENUE WHEREAS, the City Council has been advised by the City Engineer that all improvements at 40 Union Avenue have been completed in accordance with that agreement en- tered into July 31,1969, by and between the Oriental Missionary Society Santa Clara Valley Holiness Church and the City of Campbell, concerning said development; and WHEREAS, the City Engineer recommends acceptance of the improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council that the improvements at 40 Union Avenue be, and the same are hereby, accepted, and that the City Engineer is hereby ordered to record a Notice of Completion of said im- provements. PASSED AND ADOPTED this 20th day of March 1984, by the following vote: AYES: Councilmen: Chamberlin, Ashworth, Kotowski, Doetsch NOES: Councilmen: None ABSENT: Councilmen: None APPROVED: t~ayor ATTEST: & io!~erk THE rcn.r-r.;.:P!G 1>:- - ~!?~:-. ::~, ,fI, - X. 't" {,,;D C;,'.:" ,;'. ' , C~ ,--!' 1., /"I"T t" I~- ( ~'I I~ L. Ci:\l','( ; ........~.. A'~') TL0 [" n ,.Il .0.."" .._._.._ .._ ...~~. ~J.j '. .__....~~LJ-1 - ORIENTAL MISSIONARY SOCIETY Santa Clara Valley Holiness Church 40 South Union Avenue . Campbell, Calif. 95008 . Phone: 377-9711 Ministers: Daniel Shinoda 18orokt~ Sekig'Uchi N ob'Umichi M 'Uf'akami ",UGlJST 17. 1973 MR. WILLIAM G. WREN 01RECTOR OF PUBLIC ~ORKS CITY OF CAMPBELL 7';: No. CENTRAL CAMPSELL, CALIF. 95008 UEAr:.: f"1H. ','iREN: ~HEN WE OBTAINED A BUlLriNG PERMIT ~OR OUR LATE~T ADDITION WE WERE REQUIRED TO P~T UP A PERFORMANCE ROND FOR SIDEWALK AND STREET IMPROVEM:::NTS. '-'!E ALSO \-!ERE TOLD THAT TYE CITY HAl' NOT COMPLETED T~EIR PLANS F0R UNION "VENUE THEREFORE WE WOULD NOT DE REQUIRED TO PERFORM UNTIL PLANS WERE FINALizeD AND ALL PRO- PERTY OWNERf ON UNION AGREED TO MAKE THE I~PROV[MENTS. THE INSURANCE COMPANY CANNOT PEL EASE us rROM THE HONe PREMIUMS wiTHOUT ynUR PERMISSION. IF THESE IMPROVEMENTS APE IMMIN~NT WE WOULD LIKE TO KNOW BECAUSE \-.'E WOULD HAVE TO LAUNCH A F'JND DRIVE Tfl ~1EET TI"E ~!EED. 'F THE YAP C NOT, CAN Y () U r, I V EllS f\ T 1r1 eTA f". C . 1FT HE 1''' p p.J v C- MENTS ARE STILL SOMETIMf IN THE r:"UTiJPF WHAi ~)O "au ~.Ur,r:EsT AS A PRACTICAL I>.ppnOACH TO THE REL:::/\SE F~~,)M THE At:N:":AL 8CND PAY- MEtH;' (\ ~. S. I NCErEL Y. ' ..... . ..... ,'. t.<..... /'! ," ,. .,/' /'1' . d;; ~ . <: j. /.:J'>';"''''-..rC'6 t- e.l~L.,.t.~, ..c. e--, ./ - C'.N I CL SH I NO"A WGW BMH FTL ~~. I n'-' "1"L . ,I. TO I (~! D,'::i ~ --- .-.t'-HTf ... -c-~'f:::~-" ~ \~, ./~ . _.-....::..--_...-~ ~_.,-..;.. ~-_. I 1----------- ------ FILE --..-..-.........- I _h' . .. I July 24, 1969 Oriental Missionary Society Santa Clara Valley Holiness Church 40 Union Avenue Campbell, California ATTENTION: Mr. R. H. Sueda SUBJECT: Proposed Union Avenue Street Dmprovements Dear Mr. SUeda: In answer to your request for further information concerning the proposed street ~provements on Union Avenue, as provided for in the Agreement, we wish to advise you that the City's current plans are to provide for a sixty-foot right-of-way. This provides sufficient right-of-way for constructing the street improvements as shown in the enclosures. In general, this provides thirty feet on your half of the street for constructing eighteen feet of street paving, a two and one-half foot curb and gutter, a four and one-half foot planting strip, and a four and one-half foot sidewalk. This would leave a six- inch strip of land adjacent to the back of sidewalk belonging to the City of Campbell. If you should have any other questions concerning the provisions of the Agreement, please feel free to contact our office at your convenience. Very truly yours, BILL M. HELMS, ASSOCIATE Civil Engineer By Cruz S. Gomez, Civil Engineer, Jr. BMWCSG:al Enclosures ... - . ~/j 1~ I "'C', ~ . ( ... - . . ,';,:; I':' ,'J. 2710 ,!,'" \ '"';' J), <.. O.? " '. ~: ~ rl J.... ... _.: .c \ l,; '..:.,) ,! I-:.'~ =~ T; ')~ ..:~ 2:': ~ C~',: :~~ r-,:'~:-j :~:~_-,') ~. " CJ.:..... ,. {.... ~ _ ".,' . /,.,'~ : -.. ' 1 ~~. J '" i. . , t:. .",",",'. ,", f't",~. ..'::~:;.::L', .~~ 'L~) C.:. _ ~~ CJ. C.,.'. 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CERTIFICATE OF RESOLUTION I hereby certify that at a special meeting of the Board of Trustees of ORIENTAL MISSIONARY SOCIETY SANTA CLARA VALLEY HOLINESS CHURCH, a voluntary society for religious purposes, held on the 6th day of July, 1969, at the Oriental Missionary Holiness Church, in the City of Campbell, County of Santa Clara, State of California, at which said meeting a quorum was present and acting throughout, the following resolutions were unanimously adopted and they have not been amended, revoked or modified and ever since have been and now are in full force and effect: "RESOLVED, that the Board of Trustees of this cor- poration have unanimously deemed it desirable and in the best interest of the corporation to enter into an agree- ment with the City of Campbell whereby this corporation shall construct at its own cost and expense upon its real property, throughout its frontage on Union Avenue, public street improvements as set forth in the copy of the agree- ment attached hereto as part of these minutes; and to grant to the City for such purposes a street right-of-way on said Union Avnue;" and "RESOLVED FURTHER, that ROBERT M. SHIOSAKI, President and SEIYU HIGASHI, Secretary were duly authorized and dele- gated to execute the agreement and the conveyance to the City of Campbell and empowered to sign, as and for this corporation, any other papers necessary to effect the pur- poses of the foregoing resolution and hereby ratifying and confirming all acts lawfully done by virtue of the foregoing resolutions," IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of August, 1969. // / '/ hA, /z'/,. ,....... ,'> \ '--",'f,.d ./<-"~ ,.,~ ,..- .. a McG. (82) AGREEMENT THIS AGREEMENT, made and entered into this 31st day of .1111 ~ 19..6.2.-, by and between the ORIEJ.1TAL MISSIONARY SOC STY SANTA CLARA VALLEY HOLINESS CHURCH, a non-profit California Corporation, hereinafter referred to as "owners," and the CI'l'Y OP CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City." WITNESSETH: WHEREAS, Owners did heretofore on June 17, 1969, apply to City for a building permit in order to construct a structure and/or building upon that certain real property described upon that certain instrument recorded Pebruary 14, 1963, and filed in Book 590& of Official Records at Page 672 in the office of the County Recorder of said County of Santa Clara, which real property i8 hereinafter referred to as IIsaid real property II i and, WHEREAS, OWners shall, as a condition of the granting by City of said building permit, dedicate unto said City right-of-way for Union Avenue; and NOW, THEREJ'OR, IT IS MUTUALLY AGREED TO by and between the parties hereto that owners shall install and/or construct at their own cost and expense upon said union Avenue throughout the frontaqe of said real property public street tmprovements consisting of, but not limited to, the following: FIRST: Construct City of campbell standard r3sidential side- walk, driveway approache., curb and gutter, all consisting of Portland Cement concrete. SECOND: Provide and install street name signs, and regulatory signs, and sign posts as required by the City Engineer of City. THIRD: Grade said real property to drain into the streets, unless determined impractical by the City Engineer of City. FOURTH:' Provide and install a water distribution system to serve said real property, including fire hydrants and appurtenances. FIFTH: Provide and install a sanitary sewerage system to serve said real property SIXTH: Provide and plant street trees of a variety and size as required by said City Engineer. SEVENTH: Provide and construct a storm water drainage system to serve said real property. EIGHTH: Provide and install a street lighting system consisting of, but not Itmited to, steel pol.., concrete pole bases, upsweep 1 of 4 ~ - I bracket arms. luminaires witb individual inteqral photo-electric cells. underground electrical conduits with conductors, and junction boxes, and pole risers. NINTH: Construct street p&VtDent structures consisting of asphaltic concrete surface course with underlyinq untreated crushed rock-baae course as approved by said City Engineer. TENTH: Install an underground electrical energy and telephone system to aerve said real property. (1) All of said ~rovements ahall be constructed and/or installed within twelve (12) months from the date first above written provided, however. that in the computation of said twelve~nth period, delays due to or CAused by acta of God, Viz.. unusually inclement weather, major strikea, or other delays beyond the control of owners shall be excluded. It i8 expre.sly understood and agreed to that if Owners ahall fail to complete the work required by this agreeaent within the said per iod of twelve (12) months from the date hereof, City after giving ten (10) days written notice thereof to OWners may complete the work and recover the full coat and expense thereof from owners. (2) It is further agreed to that owners Shall prepare or cause to be prepared ~rov..ent plans for the construction of said public street ~provements by a civil engineer licensed in the State of California, which plans shall be subnitted to said City Engineer for his examination and approval. (3) It i8 further agreed to that all of said tmprovements shall be constructed in accordance with those plans approved by the City En<J1neer of City, and shall be made under the inspection and to the satisfaction of City Enqineer. It is further agreed to that said construction shall be in accordance with the existing ordinances and resolutions of the City of Campbell, and to all plans, specifications, standards, sizes, lines and grades approved by City Engineer, and all state and County statutes applicable thereto. (4) It is further agreed to that the construction work of the 1aBpro~nts embraced by this agreement shall be done in accordance with ti..e standard specifications of the Department of Public rJorka, Dli71.,1P~ of Highways, state of California, dated January. 1960, and in accordance with the specifications of the City of Campbell, and Sanitation District No. 4 of santa Clara County, where indicated. WHEREVER the 'WOrd "State" or words "Division of Hiqhways" are mentioned 1n the Stat. Specifications. it ahall be cons1dere4 as refe.rrinv ~ the City of CUpbell. Also, wherever the IfD.lrector" or "Director of PW:>>lic Work. II 1. mentioned. 1t aba11 1M re&nlat t.o the Clt.y Engineer. - .. I In ca.. of conflict between the State Specifications and the Specifications of the City of campbell and sanitation District No. 4 of Banta Clara County, the Specifications of the City of Campbell and Sanitation District No. 4 of santa Clara County shall take precedence over and be used in lieu of such conflicting portions. (5) It is further agreed to that OWner shall file with City, upon execution of this agreement, a bond in the amount of SIX THOUSAND SEVEN HUNDRED FIFTY and No/100 Dollars ($6,750.00) to in8ure full and faithful performance of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distribution system. Said bond shall guarantee that owner shall correct any defects in the aforementioned improvements which shall appear within one (1) year fran the date of acceptance of the work by City and pay for any damage to other work resulting frOOl the construction thereof, as well as paying the cost of all labor and materials involved. This bond shall remain in full force and effect until one (1) year after date of final acceptance of said improvements. (6) It is further agreed to that City reserves the right to revise storm drain design shown on approved improvement plans provided owner is given reasonable written notice of City's intention to make revisions. Reimbursement amount will be adjusted by difference between revised storm design and presently approved storm design, in accordance with City of campbell Storm Fee Schedule. (7) It is further agreed to that owners shall, upon written notice thereof, ~ediately repair or replace without cost or obliga- tion to the City of Campbell, and to the entire satisfaction of said City, all defects and imperfections arising out of or due to faulty workmansh~ and/or materials appearing in said work within a period of one (1) year after date of final completion and acceptance. (8) It is further agreed to that Owners shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground wiring circuit to all electroliers within said real property, when Owners are notified by either ti1e City Engineer of Campbell or the Pacific Gas and Electric Company that the said fees are due and payable. (9) It is further agreed to that OWners 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 real property. (10) It is further agreed to that any easement and right-of-way within or without said real property necessary for the completion of the project ahall be acquired by Owners at their own cost and expense. It is provided, however, that in the event eminent domain proceedings are required for the purpose of securing said easement and right-of- way, OWners shall deposit or cause to be deposited with City a sum 3 of 4 .. .. ~ I I .. cover Lng the reasonable market value of the land propoMci to be taken and to be included in said sua shall be a reasonable allowance for severance daJaagea. if any. It is further provided that in addition thereto such 1lUlti.8 as may be required for l89al fees and coats, enqineering, and other incidental coats ahall be deposited with City by OWners. (11) It is further agreed to that owners ahall carry out any and all ne<jotiationa with all intere.ted partie. and shall perf01."lll or caus. to be perfo.rJDed at their own coat and expen.. and to the satisfaction of the City .l!:ngineer any and all work required to abandon, remove, rai.e, lower, relocate, and otherwi" modify irrigation line or linea within the boundary of said real property. (12) It ia further agreed to that owners shall indemnify and .ave barIlill..s the Cit.y of Otapbell. the City Council, and the City Engineer, and all other officers or -.ploy... of City from any suits, claws, or actions brought by any person for or on account of any inj ur le. or daIa"eato persona or propert.}' sustained or ar iaing in the construction of the on-alte '-ork due to any acts, OIIliaatons. or negligence of OWner.; their officers, agent., employee., or contractors. I (13) It 1. further agreed to that the above-~ terms and conditions ahall bind the heirs, successors, administrator., or as.igna of OWners. IN wnUBS WHERBOP, Mid City has cau8ftd ita name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by rellOlut.1on of the Cit.y Council, and ..i4 OWners have hereunto caused the1rname to be affixed the day and year first. above written. CITY OF CAMPBELL Mayor --"--~-""'"'-- City Clerk ORI.&NTAL MISSIONARY SOCIm'!i SANTA ClARA VALLEY HOLIDS& CHURCH APPROVED AS TO FORM: , / 1 Jv. by ~ .!.)~v./ } tC<--r<--J;'.t:..... ' - l..<...--t..-, , . ... ... Joaeph A. Bonacina. City Attorney by~ ~' ~ , ').e.e..-?~..'} . '- -, 1 / ~F~~---~~ v ~'cc.-f (Notary Certificate)e 4 of 4 STATE OF CALIFORNIA COUNTY OF SANTA CLARA ) ) ss. ) On July 31, 1969, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ROBERT M. SHIOSAKI and SEIYU HIGASHI known to me to be the Pre~3ident and Secretary of the corporation that executed the within instrument on behalf of the corporation therein named, and ac1.nc'wledged to n:e that ~uch corporation executed the t"ith- in In<:trllIDent pursuant tc a resolntion of its board e,f Trustee.:;. Witness my hand and official seal. I " . "'i~" 1 " 'I ' I ,~ " ,J ~. ,otiry Public .. .. i fyu." d (8.2 ) July 14, 1969 Mr. Toshio Harunaga Attorney at Law 940 North First Street San Jose, California SUBJECT: Oriental Missionary Society Santa Clara Valley Holiness Church 140 Union Avenue, Campbell Dear Mr. Harunaga: Enclosed please find a Grant Deed for street right-of-way on Union Avenue and an agreement for the construction of the street improvements in front of 140 Union Avenue. Would you please insert in the documents the names of the offioers Who are authorized to execute them. Please return the original and one copy of each document after they are properly executed. It is also requested that you enclose a certified copy of the corporate resolution Which authorizes the officers of the corporation to enter into the agreement and to grant the right- of-way. Also enclosed are bond forms which are also to be returned to us. Please contact us should you have any questions. Very truly yours, BILL M. HELMS, ASSOC rATE CIVIL ENGINEER CSG:cc By Cruz S. Gomez, civil Engineer, Jr. Enclosures :- e .. McG. (82) July 7, 1969 Mr. Al autle4ge 20 Harold Avenue san Jose, California SUBJECT: 40 Union Avenue Chljrch Remodelinq Dear Mr. Rutledge: Please be advi.sed that the Church 18 required to dedicate the Union Avenue right-of-way to provide for a 60-foot8treet arid is also reqUired to enter into an agreement with the City to install the street tmprovement8. Please furnish U8 with a copy of the recorded Grant Deed by which the Church acquired title to the property so that we can prepare the above instruments. Very truly yours, BILL H. HELMS, ASSOCIATE CIVIL ENGINEER By Cruz S. Galle z, Civil Engineer, Jr. CSG:al l I