333 Budd Ave.
.INTER- DEPARTl'.'1EIJT;".L !.m!lOR!-I.NDilli
TO:
Building Dep?rtment
FHON;
Public l'?orks Deparanent
The requirements ox the Public 17orJ\:s Departrnent have
l)een sa'c5.ofied for the follmving development::
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r~ay 10, 1979
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MR. THOMAS G. HA~1BlETON
333, Budd Avenue
Campbell, CA 95008
Re:
BUDD AVENUE IMPROVEMENTS
Dear Mr. Hambleton:
Your letter dated May 3,1979, has been referred to this office
for a response.
Enclosed is a copy of the agreement which you and the City ex-
ecuted in 1976. Please note that in paragraph (2) on page two
of the agreement, on1y paragraphs (1) through (7) are to become
void after a lapse of 24 months. The other paragraphs are to
remain in effect. Therefore, we are unable to comply witÞ your
request to cancel the agreement.
Very truly yours,
BILL M. HELMS
ENGINEERING MANAGER
By James Penoyer
Engineering Technician
Enclosure
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133 ¡:Judd live.,
Car.1f'beLL, Co);..I.,
NCUf 1M, 1979.
:J luwe been adv-iA.ed -to ,?e/t -in toVl.d1 wWL 11°tM- °il-i..ce -in /rÆ.{;~ to
a b~ on I1Uf plWpe/tÂ:~1 located wt 111 /3udd five., COJft{Jbcll, ptcæ.ed on t1Uf
plWpe;-àf ¡:Jwtel~ 14, 1976: plvWk. .to mq ob:t.wù~ a peÆí1Ã.,t to bu-Ud a /WU4€-.
R coPI1 ot w~ 110u have -in 110wt, oti-i..ce - Í'çi(V (100).
Y 'Jo&ted a tJ»o l1ewt borz.cl .to cove/{, tJvi4. b~ whUj¡ e;(¡Jvved /iìcvuYL I ó-t, 1978.
1\~1 nou'b11 m,e wt ;f;}¡,e cJ.;oue ad~ when :the b-üul&r.. ho-ó- been k-eJwued,
W1,- a ¿iÆn aq-oM14 ¡Itlf (J/WPe4Ûf.
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A G R E E MEN T
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THIS AGREEMENT, (identified as No.RIN(lQO}nade and entered
into this 12th day of Apri 1 , 19 76 ,by and between
THOMAS HAMBLETON
,
hereinafter referred to as "OWners", and the CITY OF CAMPBELL, a
municipal corporation of the County of Santa Clara, State of Cali-
fornia, hereinafter referred to as "City".
WITNESSETH:
WHEREAS, OWners did heretofore on January 12 , 19 76 ,
apply to City for approval in order to obtain a building permit to
construct a residence upon that certain real property descrbied
by that certain Grant Deed
recorded January 6 , 19 76 , and filed in Book B823 of
Offici~] Recordgit page 610 of the County Recorder of the County
of Santa Clara, State of California, which property ,is hereinafter
referred to as "said real property"; and,
WHEREAS, City did consider said application and grant its ap-
proval thereon subject to certain conditions thereof as contained
herein;
NOW, THEREFORE, IT IS MUTUALLY AGREED TO by and between the
parties hereto as follows, to wit:
(l) It is agreed to that OWners shall provide, construct
and/or install at their own property cost and expense upon Budd
Avenue throughout the frontage of said real property public street
improvements consisting of, but not limited to, the following:
FIRST: Provide and construct City of Campbell standard curb
and gutter, residential sidewalk and driveway approaches, consist-
ing of Portland Cement Concrete, as shown upon the improvement
plans for said real property approved by the City Engineer of City.
SECOND: Grade said real property in accordance with approved
bui 1ding plans..
THIRD: Provide and install City of Campbell standard street
light electrical underground conduits with conductors and junction
boxes, all as shown upon said plans and as approved by said City
Engineer.
FOURTH: Provide and install or cause to be installed a water
distribution system to serve said real property as shown upon said
plans.
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FIFTH: Provide and install a sanitary sewerage system to
serve said real property as shown upon said plans.
SIXTH: Provide and install an underground electrical energy
system and an underground telephone system to serve said real
property.
SEVENTH: Provide and plant a street tree of a variety and
size as shown upon the plans and as approved by said City Engineer.
(2) It is further agreed to that 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; provided, however, that should the City Engineer fail to
so notify Owners to construct and/or install said improvements
within 24 months of the date of this agreement, paragraphs (1)
through (7), inclusive, shall be considered null and void.
(3) It is further agreed to that 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., un-
usually inclement weather, major strikes, other delays beyond the
control of Owners shall be excluded.
fail
said
days
said
from
It is expressly understood and agreed to that if Owners shall
to complete the work required by this Agreement within the
period of twelve (12) months, the City, after giving ten (10)
written notice thereof to Owners, may construct and/or install
improvements and recover the full cost and expense thereof
Owners.
(4) It is further agreed to that 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 sub-
mitted to City Engineer of City for his examination and approval
and which plans shall be submitted to City Engineer when Owners
are so notified by said City Engineer.
(5) It is further agreed to that the construction work of
the improvements embraced by this Agreement shall be done in
accordance with the Standard Specifications of the Department
of Public Works, Division of Highways, State of California, dated
January 1973, and in accordance with the Specifications of the
City of Campbell and Sanitation District No.4 of Santa Clara
County, where indicated.
t>lHEREVER the word "State" or words "Division of Highways"
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.
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In case of conflict between the State Specifications and
the Specifications of the City of Campbell and Sanitation
District No. . 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) .It is further agreed to that Owners shall deposit
with City, when called upon to do so, for office examination
of improvement plans, field inspection of construction of
improvements 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 EIGHTY-EIGHT DOLLARS ($88.00).
(7) It is further agreed to that Owners shall file with
City, upon execution of this Agreement, a bond in the amount
of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) to insure
full and faithful performance of the construction of all the
aforementioned improvement work, excluding sanitary sewers and
water distribution system. Said bond shall guarantee that
Owners shall correct and 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 bond shall remain in full force
and effect until one, (1) year after date of final acceptance
of sai~ improvements.
(8) It is further agreed to that 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 improve-
ments herein described.
(9) It is further agreed to that Owners shall partici-
pate in and become a part of any special assessment district as
described in paragraph (8) of this Agreement.
It is expressly understood that any obligations 9f Owners
contained in this Agreement that are accomplished to the satis-
faction of said City Engineer by said special assessment dis-
trict shall be considered null and void.
(10) It is further agreed to that 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.
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(11) 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 Company when called upon to do
so to insure the installation of a water distribution system
to serve said real property.
(12) It is further agreed to that the storm drainage area
fee in connection with said real property and in conformance
with the requirements established by Section 20.16.060 of the
Campbell Municipal Code is in the amount of THREE HUNDRED
TWENTY-FOUR DOLLARS ($324.00).
(13) It is further agreed to that 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 per-
son 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.
(14) It is further agreed to that the above-named terms
and conditions shall bind the heirs, successors, administrators
or assigns of Owners.
(15) This instrument is and shall be considered to be an
instrument affecting the right, title, interest in or posses-
sion 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
Ralph Doetsch, Sr.
Mayor
Dorothy Trevethan
City Clerk
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! Mj C,~mm¡~:;jcn Ex;;::e~ °h23. 1977 a
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(Notary Certificate)
OWNERS
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. Thomas Hambleton
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RESOLurION lm._____.---
BEING 1... RESOLl3TION AUTHORIZING EXECU'I'ION
O~' THO!-11\S HAMBLErrON AGREEMF.,NT
WHEREAS, there has been submitted to the City Council by
Thomas Hambleton an agreement for the development of his real
property in accordance with prescribed conditions;
NOW, 'l'HERBFORE, BE IT RESOLVED by t.he City Council that the
Mayor be and he is hereby authorized to execute the said agreement
on behalf of said City.
PASSED AND ADOPTED this ~--~~~- day of --~~-_._" 1976,
by the following vote:
A x'ES: Councilmen: Chamberlin, Hammer, Paul,
Podgorsek, Doetsch
NOES: Councilmen: None
ABSENT: Councilmen: None
APPROVED:
Ralph Doetsch, Sr.
Mayor
ATTEST:
Dorothy Trevethan
City Clerk
TO
iNITIAL
& DATE
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MEMORANDUM
CITY OF CAMPBELL
Bill M. Helms,
Acting Director of Public
Lawrence C. Versaw c)J
Engineering Techni~n I
To:
From:
Works
March 18, 1976
\l'~ pc-J 1"":- ~ I L ~!
Subject:
Hambleton - 333 Budd Avenue - Rin.
(100)
----------------------------------------------------------
As closely as I can recall the following reflects the
sequence and approximate timing of events dealing with the
subject project.
1.
2.
LCV:dn
January 12:
for permit.
Owner applied to Building Department
January 22: Building referred Owner to me and I
explained our requirements (standard-dedication,
agreement, bond, storm fee). Owner objected to
dedication specifically, and everything generally.
3.
January 27: Wren's meeting with Owner results in
decision to delete dedication. (about this time,
or prior to this time Owner met with Norm Paul)
4.
February 1: Furnished Owner with agreement and
bond forms. Owner objected to "no time limit"
bond. (I'm aware of a subsequent meeting with
Hammer, I guess you know all about the rest)
5.
February 17:
be used.
I was informed of 2 year limit to
6.
February 19: Furnished Owner with new agreement,
etc., together with attached cover letter.
7.
March 2: Received the agreement and bond with un-
recordable notary certificate; notified Owner who
picked them up.
8.
March 9: Received agreement, bond, and storm fee;
released building permit. (permit issued same day)
9.
March 11: Owner applied for/received an excavation
permit for curb cut and A.C. driveway approach.
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735 ChemekeU. Court
S~'Jos., California' 95123' .
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SUBJEC'¡' 8
Release óf Buildinq Pmit 'for 333 Budd Avenue
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Deai~.Bambletonl
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" ;,.;:-- 'Enclosed pleue find thr" 'copies of the revisè4 àqre~t fortbë
';', súbjéct: developnent.' Please not. that paragraph' (2) bas been modifieð
, .': to l1:øiii:;the t~ of your obl19ation to build street lmprove:œenta.'
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IJi order for this Ðepart:ment to release yourbuilèl!n9 permit, we
will neecs'the fo11ow1n98 ",." ,', '
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1.
Two signe4,notarised copies~f 'the agreement.
"'the faithful performance boÞ4, : ($2,SOO).
2~
3~
The storm drainaqe area fee
($324).
, Should there be an quest.ion, pleas. call the unðerslgnedat 378-8141.
extension 220.
Very truly your.,
BILL ,)I. 1æUIS" ','
'BHGT~ MANAGER,'
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By Lawrence C.' Versa",
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CITY OF CAMPBELL
STREET EXCAVATION PERMIT NO.
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Pursuant to the terms of Section i:'!m of the Campbell Municipal Code, a permit to excavate within the public right of
way in the City of Campbell is issued based upon the following conditions:
1.
the work to be done within the public right of way is as follows:
.
2.
A diagram is attached and thereby made a part to each of these forms showing the location and dimensions of tile work and
relating this to existing underground facilities. I
Work will begin on
. beginning work.
No street shall be closed without full conformance to Section 7106 of the Campbell Municipal Code.
3.
4.
5.
, 19 7~
. or notifY the Campbell City Engineer 24 hours before
6.
Safe crossings shall be maintained in conformance with Section 7105 of the Campbell Municipal Code.
(These blanks to be filled in by the City Engineer.ONL Y)
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Special Conditions:
0 Import backfill material as required by City Engineer.
0 Replace existing roadway structural section with equivalent type and thickness of material plus one additional
inch of asphalt; or 4 inches asphalt over 12 inches R-78 base rock, whichever is greater.
0 Work to be completed prior to occupancy of structure.
D Work to be staked 3 feet back of face of curb by a licensed Land Surveyor or Civil Engineer and three copies of
the cut sheets sent to the Public Works Department before starting work.
0 Open cutting of pavement will NOT be allowed; all pipes or conduit shall be jacked under existing pavement.
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b. Deposit (money or bond) required to guarantee restoration of public right of way. $ .z~ø ~d'~/
The deposit in 6b above will be returned, in full, upon satisfactory restoration of public right of way. -7~.,..t;~
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8.
The Permittee hereby agrees, by affixing his signature to this Permit, to hold the City of Campbell, its officers, agents, and
employees free. safe, and harmless from any claim or demand for damages resulting from the work covered by this Permit.
9.
Acceptance of the Permit by the named Permittee constitutes acceptance of any and all conditions upon which this Permit
is granted. This Permit does not relieve the Permittee of any obli tion to obtain any other Permit required by law.
~!tJ-ß'ç
(date)
ACCEPTED
(signa
ADDRESS J 3 J R f/ Il {J
check one:
APPROVAL:
of ermittee)
~
~es.denc~
or
ASSOC. CIVIL ENGR.
DATE
DESIGN:
3 Copies: Permittee must sign, date and forward to City Engineer for approval. Permit is valid only after signed by City.
Permittee Permit is not transferable.
City Inspector
~ J/! N 100 (M) 3/12/76
CITY ENGINEER'S
CONSTRUCTION COST ESTIMATE
FOR
LANDS OF HAMBLETON - APN 405-35-41
1.
Clearinq and Grubbinq:
a. AC removal: 41 sq. yd. @ 2.50
b. sawcut: 75 In. ft. @ 5.00
2.
Earthwork:
12 x 75 x 0.5
27
=
17 cu. yds. @ 8.00
3.
Underqround Street Liqhtinq
a. 1 1/2" rigid galvanized
two #8 AWG solid copper
75 lin. ft. @ 5.00
System:
metal conduit with
conductors:
4.
Concrete Construction:
a.
Class A, PCC curb and gutter:
75 Lin. ft. @ 5.00
b.
Class A, PCC sidewalk:
259 sq. ft. @ 1.50
c.
Class A, PCC driveway approach:
181 sq. ft. @ 2.00
5.
Misc. Surface Improvements:
a.
Street trees, five-gallon size:
1 @ 28.00
b.
relocate sign and post:
L. S.
15%
Subtotal
Contingencies
TOTAL
1.
2.
Use $2,500.00 for bond amount.
Plan examination and construction
inspection fee is $88.00
Storm drainage area fee is $324.00
3.
=
103.00
375.00
=
=
136.00
=
375.00
=
375.00
=
389.00
=
362.00
=
28.00
50.00
2193.00
329.00
$2522.00
=
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RECEIPT
CITY OF CAMPBELL
CAMPBELL, CALIFORNIA
NAME </ L~ ~^ 'd~/~
ADDRESS /'7 ~;f;?4?te- /~¿¿ ~
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~~)~ ,;] rý' 00
REVENUE ACCOUNT NO.
c:3ç;~
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FUND NUMBER
(Va
~ CHECK
q,-,~ r&rð
0 MONEY ORDER
0 CASH
DATE
AMOU NT
THIS RECEIPT
MUST BE MACHINE
VALIDATED AND
SIGNED BELOW,
MAR 10-76
MAR 10-76
028 **** 3211.00
6S 028A ***324.00
Œ>s
5130
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Tank You
CITY OF CAMPBELL
CITIZEN COpy