1730 Westmont Ave. (79-19)
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RESOLUT ION NO. 5982
BEING A RESOLUTION AUTHORIZING EXECU-
TION OF PECK LEASING, LTD., AGREEMENT
WHEREAS, Peck Leasing, Ltd., have submitted to the City Council
of the City of Campbell an Agreement, identified as No. Qto (4),
which covers certain conditions of approval of the development of
their real property;
NOW, THEREFORE, BE IT RESOLVED by the City Council that the
Mayor be and he is hereby authorized to execute said Agreement on
behalf of said City.
PASSED AND ADOPTED this 10th day of
1980, by the following vote:
November
AYES: Councilmen: Paul, Doetsch, Chamberlin,
Podgorsek, Hammer
NOES: Councilmen: None
ABSENT: Councilmen: None
APPROVED:
Russell J. Hammer
Mayor
ATTEST:
PhyllIS U. Acker
City Clerk
CITY OF' CAMF'8EL-L
75 NORTH CENTRAL AVEI'
/ CAMPBELL. CA 95008
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TO DE RrC<:Y~:;::D \"\,7r~GUT F::E
SE':'IO~ .~ I c:.. CC'i~;;::--LV.E:-:T CODE
AT n;::: F.EQUC:S'j' C: Cii'f Of CA,'lPBELL
F 750r'~GE 415
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COUNTY SAN.D1ST.4
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THIS AGREEMENT (identified as No. Qto ~4) ), made and entered into this
10th day of November ,19~, by and etween Peck Leasinq Ltd.
hereinafter referred to as "Owners", and the CITY OF CAMPBELL, a municipal
corporation of the County of Santa Clara, State of California, hereinafter
referred to as IICi tyll .
W lTNESSED:
WHEREAS, Owners applied to City for approval in order to move a house
upon that certain real property described
In deed to Peck I pasing, Ltd. (Document Number 6454079)
recorded August 3 . 1979. and filed in Book XXXd of X x X at
page X X X in the Office of the County Recor er, County of Santa Clara,
State of California, which property is hereinafter referred to as "said real
propertyll;
WHEREAS, at its regular meeting held Julv 17 ,19a., the ~lanninQ r.nm-
~issinn of City did consider said application and grant its approval
thereon subject to certain conditions thereof as contained in U.P. 79-19
.
,
NOW, THEREFORE, IT IS MUTUALLY AGREED TO by and between the parties hereto
as follows, to wit:
(1) Owners shall provide, construct and/or install at their own proper
cost and expense upon Harriet Aven~
throughout the frontage of said real property public
street improvements which may consist of, but not be limited to, the following:
Standard City of Campbell curb, gutter, sidewalk, drivew~ approaches. handicap
ramps, pavement structure, storm drainage system. street lighting system, under-
ground utilities to serve said real property. and street trees.
(2) Owners shall provide and construct and/or install all of said public
street improvements when Owners are so notified to do so by said City Engineer
of City.
(3) All of said improvements shall be constructed and/or installed within
twelve (12) months from the date that Owners are 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, and other delays beyond the control of Owners shall be
excluded.
It is expressly understood and agreed to that if Owners shall fail to
complete the work required by this Agreement within the said period of twelve
(12) months, the City, after giving ten (10) days written notice thereof to
Owners, may construct and/or install said improvements and recover the full
cost and expense thereof from Owners.
(4) Owners shall prepare or cause to be prepared at their cost and
expense improvement plans for the construction and/or installation of said
public street improvements, which plans shall be prepared by a civil engineer
licensed by the State of California, which plans shall be submitted to City
Engineer of City for his examination and approval and which plans shall be
submitted to City Engineer when Owners are so notified to do so by City Engineer.
Upon completion and acceptance of the improvements by City, Owners shall
provide reproducible as-built plans to said City Engineer.
(5) 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, Department of Transportation, State of California, dated
January, 1975, 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 "Department of Transportation" are
mentioned in the State Specifications, it shall be considered as referring to
the City of Campbell. Also, wherever the "Director" or "Director of Public
Works" is mentioned, it shall be considered as referring to the City Engineer.
In case of conflict between the State Specifications and the Specifications
of the City of Campbell and Sanitation District No.4 of Santa 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.
(6) Owners shall deposit with City, when called upon to do so, for office
examination of improvement plans, field inspection of construction of improve-
ments and all necessary expenses incurred by City in connection with said
improvements and all necessary expenses incurred by City in connection with said
real property the sum of ONE HUNDRED FOURTEEN DOLLARS
( $ 11 4 . 00 ).
(7) Owners shall file with City, upon execution of this Agreement, a
surety acceptable to City in the amount of THREE THOUSAND TWO HUNDRED FIFTY
DOLLARS ($ 3,250.00 ) to insure full and
faithful performance of the construction of all the aforementioned improvement
work, excluding sanitary sewers and water distribution system. Said surety
shall guarantee that Owners shall correct any defect which may appear in said
work 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. This surety shall remain
in full force and effect until one (1) year after date of f;nal acceptance of
said improvements.
(8) Upon final release of said surety by City, the obligations of
Owners contained in this Agreement shall be considered null and void.
2 of 4
(9) In conformance with the requirements of Section 20.16.060 of the
Campbell Municipal Code, the storm drainage area fee for said real property is
in the amount of ONE J:I1lNnRFD ~~~nY DOLLARS
($---.l70 nn). In accordance wit 'ty of Campbell Storm Fee Schedule, the
reTmbursement for storm drainage facilities constructed as shown on said plans
wi 11 be in! ~ ~ Af/ / / / / / / / / / / / / / 'd / 11111111111 t( / / 11111111111111 / / / / DOLLARS
($ / / / / )/determined at the time sa; plans 'are 'su m;tted 'to 'City:
(10) City reserves the right to revise storm drain design shown on
approved improvement plans provided Owners are 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.
(11) When called upon by City to do so, Owners will 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 all of the public improvements herein described.
(12) Owners shall participate in and become a part of any special
assessment district as described in paragraph (11) of this Agreement.
It is expressly understood that any obligations of Owners 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.
(13) Owners 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 real
property, and that Owners shall file with City, upon execution of this Agree-
ment, a letter, from said Sanitation District No.4, stating that Owners have
made such deposits or filed such bonds and entered into such agreements.
(14) 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 the City Engineer
of Campbell or the Pacific Gas and Electric Company that the said fees are due
and payable.
(15) Owners shall make such deposits or file such bonds and enter into
such agreement as required by San Jose Water Work, when called upon to do so
to insure the installation of a water distribution system to serve said real
property, including fire hydrant.
(16) Any easement and right of way within or without said real property
necessary for the completion of the project shall 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
covering the reasonable market value of the land proposed to be taken 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.
3 of 4
(17) Owners shall carry out any and all negotiations with all interested
parties and shall perform or cause to be performed at their own cost and
expense and to the satisfaction of the City Engineer any and all work required
to abandon, remov~, raise, lower, relocate and otherwise modify irrigation
line or lines within the boundary of said real property.
(18) Owners shall indemnify and save harmless the City of Campbell, the
City Council and the City Engineer, and any 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 or arising in the
construction of the on-site work due to any acts, omissions or negligence of
Owners, their officers, agents, employees or contractors.
(19) This instrument is and shall be considered to be an instrument
affecting the right, title, interest in or possession of the real property
hereinabove described, and shall bind the successors in interest of Owners.
IN WITNESS WHEREOF, said City has caused its name to be affixed by its
Mayor and City Clerk, who are duly authorized by resolution of the City Council,
and said Owners have caused their names to be affixed the day and year first
above written.
CITY OF CAMPBELL
Mayor
City Clerk
OWNERS
P~k Leasing, Ltd. ~
~IU<-(.(J a /d, d.
?4f;;ifi:~ ~~7
(Notary Certificate)
4 of 4
h.I<~lJFSr rOJ\. (:/,:~CE!.!'/,Ti(
'F TAX[;; BY l'tJnuc: l\c:r~~C " ];i)' >';C OF
I'i,,(:al )'~ar
1980-81
^CQ~JI;';ITIO.~: ur~))u( }ZEVU\ '.w fo/. TAXI.TiU'i COilE SLGTlCr, 'iln" ,,1' SEQ.
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"2'-2)::'01 '" . ...
TO: BOARD OF SUPE1~VISOj~~;
of Salll3 C';.~a COU:1t)',
State of C::.U orni::
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Gentlemen:
TIle undersigned a.lithorized agent of t1':e .............~-~.~):'..,?~..~-~~??~.~.~................................w..........,......_......... (public agency)
hereby rcquc:;ts that you CO~lcC;1t to tL~ cancdl3lic,n of taxes again-.t the {ollow;r'6 described property, specific description at-
ta.ched, bccau"c of a.cqL,isition bj' tlh: s;;~id public agl:ncy pursu::.nt to Revc!Jue &. T~ation COck SecticJn 498G cL,,~'q., and
hertbj dccl<;.res under penalty of perjury on beL"l( of the said public agency that the informatiDn hercin is true cmJ ((,.rcet.
Date Acquired:
I -I -80
How Acquired: 0
O,t.P.
o BY DEED DF'INAL OnOCR
N::.mp. cf RequestinG Agency
City of Campbell
'!f~~'re~}t1~dcu~ e~ 7Z;;;Z/-
I Phyltic; 0 Acker, tli:iJ:JerkL..
Sig-ucd at
75 N. Central Avenue, Campbell, CA 95008
Asscs~~d to
Peck LeaSjin., ltd.
_ ~ODE AREA
o Refund by Court Order. (Please attach oreer for payment to public agency)
LA.'!I,'D
IMP.
PERS. PROP.
EXEMPT
NET TOTAL
OTHER
SEE ATTACHED
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I Land to be granted to
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LAND TO BE GRANTED TO THE
CITY OF CAMPBELL
Prepared by the Office of the
City Engineer, Campbell, California
RECEIPT
CITY OF CAMPBELLJ 1
CAMPBELL, CALIFORNIA
---
ADDRESS
NAME
FUND NUMBER
~
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REVENUE ACCOUNT NO.
12'f ('6..3 r-
~HECK
o MONEY ORDER 0 CASH
Ilr yG. r7
THIS RECEIPT
MUST BE MACHINE
VALIDATED AND
SIGNED BELOW.
DATE AMOUNT
Aue 21-79 016 ****170.00
Ave 21-79 65 016A ***170.00,
N~
02754
CITY CLERK
Faithful Performance
Bond No.
Premium
50]0187
49.00
KNOW ALL MEN BY THESE PRESENTS:
Whereas, The City Council of the City of Campbell, state of
California, and Pprk LPns;n~. I trl '
(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 Qto. (4)
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
Hartford Accident and Indemnity Company , as surety, are held and
firmly bound unto the City of Campbell, hereinafter called "City",
in the penal sum of THREE THOUSAND TWO HUNORFn FIFTY
dollars ($ 3,250.00 ) 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.
/
.,1,,'"
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, snd 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 time, 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, August 21 , 19~.
WITNESS OUR HANDS this
19---12-.
21st
day of August
PRINCIPAL
Peck Leasing, Ltd.
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SURETY
Hartford Accident and Indemnity Company
By:
(Attach Acknowledgments
(Both Principal's and )
(Surety's Attorney in fact)
2 of 2
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CITY OF CAMPBELL
MEMORANDUM
To:
BUILDING DEPARTMENT
D.lo 0>>-0 I (,
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From: PUBLIC WORKS DEPARTMENT
Subject: PUBLIC WORKS DEPARTMENT REQUIREMENTS
----------------------------------------------------------
The requirements of the Public Works Department have been satisfied for
the following development:
APPL I CANT j-j ---
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BUILDING ADDRESS 17 -"\ C ',/'oj j-- s: '( IV? C"\ --j
COUNTY ASSESSOR'S
PARCEL NUMBER L, r:: rz, ---- ./'2
APPROVAL NUMBER /, (_: -7 7'~ ,I c/
PUBLIC WORKS FILE NUMBER n t '"
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JOSEPH ELLIOTT
DIRECTO~ OF PUBLIC WO~~S
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OFFICE
CONCORD
CITY
*****fECK LEASING, LTD******
THE KCHA't~~~~~ 3.2 50do1'sOOcts
AUGUST 15 ,
61634
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HAS DEPOSITED IN THIS BANK
To
cITY OF CAMPBELL
upon the date of maturity hereinafter specified upon presentation and
surrender of this certificate, properly endorsed at the above office.
The date of maturity of this certificate is 90 DAYS
after date hereof. Said deposit shall bear interest at the rate of ~ 0/0
per annum compounded on a daily basis from date hereof until the
date of maturity. No interest will be paid for an riod after the
date of maturity.
OLLARS $*3.250,00***
nil Is to ~Ify IMI tIla .... .,R1 .... tllIa day...... dapoolMd In' tltls bank.
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NOT TRANSFERABLE
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IDENTIFICATION
NUMBER
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;1;1.'1011'9.. ,.
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p?d
RESOLUTION NO. 1802
After notification and public hearing as specified by law on the
application of Mr. Donald A. Peck for a use permit and approval of plans
to move a residence from property known as 15387 Los Gatos Boulevard to
property known as 1730 Westmont Avenue in an Interim (Low Density Residential)
Zoning District, as per application filed in the Office of the Planning
Department on June' 20, 1979, and after presentation by the Planning Director,
proponents, and opponents, the hearing was closed.
After due consideration of all evidence presented, the Commission did
find as follows:
That the establishment, maintenance, and operation of the proposed
use will not be detrimental to the health, safety, peace, morals,
comfort, or general welfare of persons residing or working in the
neighborhood of such use, or be detrimental or injurious to the
property and improvements in the neighborhood or the general
welfare of the City.
Based on the above findings, the Planning Commission does hereby grant
the requested use permit subject to the following conditions:
The applicant is notified as part of this application that he/she is
required to meet the following conditions in accordance with Ordinances
of the City of Campbell and Laws of the State of California.
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. Ordinance No. 782 of the Campbell Municipal Code stipulates that
any contract for the collection and disposal of refuse, garbage,
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 apart-
ment units, to all commercial, business, industrial, manufacturing,
and construction establishments.
E. Pay storm drainage area fee of $170.
RECEIVEIl
JUL 24 1979
PUBLIC WORKS DEPARTMENT
PUBliC WORKS
ENGINEERING
-2-
F. Dedicate right of way of 45 feet along Westmont Avenue; 30 feet from
centerline along Harriet Avenue; with a 20-foot radius return at the
corner.
G. Enter into an agreement and post surety to install street improvements
on Harriet Avenue and agree to join a local improvement district in
the future.
H. Obtain an excavation permit for any work in the public right of way.
The applicant is notified that he/she shall comply with all applicable
Codes or Ordinances of the City of Campbell which pertain to this development
and are not herein specified.
PASSED AND ADOPTED this 17th day of July, 1979, by the following roll
call vote:
COlTUTlissioners:
Corrmissioners:
Meyer, Dickson, Campos, Pack, Vierhus,
Kasolas, Samuelson
None
None
AYES:
NOES:
ABSENT:
Commissioners:
APPROVED: Carl E. Samuelson
Chairman
ATTEST:
Arthur A. Kee
Secretary
Resolution No. 1802 approved by the Campbell City Council on July 23, 1979,
by the following vote:
AYES:
NOES:
ABSENT:
Councilmen:
Councilmen:
Councilmen:
Doetsch, Hammer, Chamberlin, Paul
None
Podgorsek
APPROVED:
Norman Paul, Mayor
ATTEST:
V. M. Sheehy, Dep. City Clerk
THE FOREGOING INSTRUMENT IS A TRUE
AND CORRECT COPY OF THE ORIGINAL
ON I'ILE IN THIS OFFICE.
ATTEST: PHYLLIS 0, ACKER, CITY CLERK
~AMPBELL'~71~ /
BY PI ~
DATED ) -.;;J '?~ 7J
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