Loading...
1730 Westmont Ave. (79-19) J~ W~(<{) 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 w F 750'.~Gt 415 6910005 /-..,; :-'.=-{l~..L(;' j ~ 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 .- COUNTY SAN.D1ST.4 '"." -::,;J J \ l~ ,II l.'~ :! r7 '.' r:;1 ., L 1',0 j ~', ("if" :" ';. , ....q. _,1 :~ : '. C' r;.": "':' ~ - '~ , A G R E E MEN T i ~ E u; S f i~:" ~. '.: ,..-:~ ",C~ --------- 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. ,. r I' , ,h'(' C", "W I'd t,. ,. "2'-2)::'01 '" . ... TO: BOARD OF SUPE1~VISOj~~; of Salll3 C';.~a COU:1t)', State of C::.U orni:: ~:t/i!e /.I ' 4 ',:/ . r,{) ('>U ,.U<. 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 .~:~:~;~ . "~' -~~, 'r ~ ~ '> c,,!\) o ~ ~. "" ~' I ... S 7tO 0 30'W /~'.27 N 76 o30'E /1.. 9' OF- ;8 I S E Iy Line /4~8 OR 3b/ /27. 67" ~ = 20 } Lt = 870-10' L = ]0. 60 SCALE. : / "-;:: 40/ A... I A !J6Ufr, 197.9 AIJGUrr 1197.9 Dr. by J. P C k. by L, S'. I Land to be granted to City Contains O. /74 ACKEr. ~~ ...... ' O'\~ ~ () ~ ~ /0.0/ WESTMONT + A VENUE. ~ I~ ::::) ~ ~ ~ ~ l~ -~ ~ ~ ~ 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 ~ __-;; C J /j-- 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. c-J~.LI c:2 4 ~ ~~+2~. ~~ SURETY Hartford Accident and Indemnity Company By: (Attach Acknowledgments (Both Principal's and ) (Surety's Attorney in fact) 2 of 2 ~ ~ CITY OF CAMPBELL MEMORANDUM To: BUILDING DEPARTMENT D.lo 0>>-0 I (, Ie -, '-/ ,1 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 --- r J ;- i<:- 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 '" (. /-- ./.\ <;;..,. I i'\.; , , . ( ~ ~ <) :; (~ j JOSEPH ELLIOTT DIRECTO~ OF PUBLIC WO~~S B' " I !_? D~~e: tr:;~'-1- :(.'~;'~ - . '," " 1',- UJ~: ...1- '1m(/) ~O It 0;; ~~; ~ ~ei,~ I- i&;.- U 1-, 0 00 I- z"~f- I IiJ U ~'>~" ~ I- i.!:( m iIU ~ ::l_ f- ~ La,; 0 ~,~~ z ~Ct' ~LaJ. u-(.;) .' " . ~ TH~M9M~R~!~~!t~cMi~AQf LONDON '~' VINEYARD CENTER 014 OFFICE CONCORD CITY *****fECK LEASING, LTD****** THE KCHA't~~~~~ 3.2 50do1'sOOcts AUGUST 15 , 61634 19lL it: \1 ,t', i :'1' I- I. , i i~ ,C ,I ,f. iC 1., i,l,', :1 '~ '.' T 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. ""yob" -, ""'0 ~- 'UT NOT TRANSFERABLE .,.NATURE IDENTIFICATION NUMBER 1/ ;1;1.'1011'9.. ,. ....'.,.. I., t-"';'f:''''l';:''.;8;~ ':?f0~~'~','<~:;'7''''''''':'''R~.."~~);;r;~,,,,,?'~R~~l''~!?T-''''-~'~'C';~-/'; ~',T-;'.C'; ,...,- ,"~"" '., "">",<,-",.~...,,, ,,:,,,..,.,,, ,""," --.-C' ,~..- >f ;"'.-- ," ," ~" .: ~_~,1.0_2,~. ~'i' ?1:.~~.~-JlI _LU"" ,,"EeK _,"H"~ OIOOOb 1.b ~l.nl TeD-l (2-78) (Jv- k ~~ J-r""'2-0"''7C;- 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 , /-r2p (!J, r21J~ ..... ~ - .r"- - \t ..~ ~"'{ \t . " ..~.r-' ~t ~,,~:l""" .; .. ., -' .. ~..-."~' r o 'Z o , 0" %.~ ,... ..' \~ ... _ ... to) - - - ,~ & ~ i ~~ . . _ ;J' " - -.. .' . . \ or' .r ;; f(. ..' ., .'; -~.- Ue7f-/f"', \~ V' ..' .. . )i ' \~ ,"- ~ 17.1 ,.,,,, /?~, I?r _ ':~~ - .- ''',')1.;' ----..- pilj..;.i::. , T. ,?1. .., '7(,7 \t ~ \~ . \ \ \ ,. ;:.. ..~ "'... ". ...'. I .... -- ,'" .' " .....-J-.,': .- .~~...---:::::... Ii ~ \ r " - ~. ~ ~ - .. .' . ~';,~. _____ ~ ..' t!:' ~ ~. ~ ~ =' ~. VI a- '. ~ ~ It"" ':..:' ~\. ..~ \~ oJ ., ~ . , to.... ~ .' - \ o t' r~:';' " .. :--,:-J ~ . .... .. ~. ... .. - .# .....;. ~ O'-~- ~ r ~: ~ , : ... . r: r: .. . ... "& '\r 0 t:' ..... t ... ,.. L ." ..!V'i. . f'\ . . " \t'. ,~ \ .------~ ~ ,fJf:.. -;c. ;.~ ~ IJ" ~~ .', ,. '. - (d""'- ..--\ "l: .\ C'" , .i:; :.~\ \Q \ . f\ ,'.. ft~~ . ft~ \ .- ,~ . I f~ ~ . ~ -.' 0- ~; 'i' - "IS 177!, ,.".5 .' ,. ~.. . WAY pv. 'L_iW,'\ II' ; e; 1'7 '5 "0 s ,.,./~S ~",. ,.,,,,, , "" \n~ \~ ' \ ~ ~ {'~' , ;.~. ., \ .~. \ :It:l RE6\t-::' ~"'. l71v .",,-. ",,' 17/- 'Ow 'r'~ \' . '" \ , \ r... \ , ro' \Q - ~. ...; - ~ ~ \ \ . I ';: r" 7- c ~ .'.. "~E ~ ~ ~ - \i . ~, ~ " ~ f.~ t~ ... \ , \ .. .~ f8 !~ ~ to; \ 1979. .."cwUE lID' .00 PUBLIC HEARl PLANNING CO~~S~iLD BEFORE THE ON ON J UL Y 17 , "," ~~C.\tt-10~ -