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Tract 2991 (1965) ".. C.l1 ;:J1 "'-:I N co -< I [ ~ C1 ,.. '" ;II ~ .~.""'~ r ~~~ ~C . m r- r- "- ~~ ~.~ ~~, ~ 'J "- ~ ~, ~ ¡~ ~ z ~ ~ ~ )...; ,\ g~! ;11:1 m 0 m <: m C > Q.. Q.. ... (1) '" '" Z 110 3 CD ~ \ n - -I ~-< ~C "'""1 ... !'"n ~» ~3: ~-U ~m :Þ1'1 ï ï F~ "- " . ~ 0 (1) ::I .... '" -..J C 110 .... CD ;CI m () m ""C -t ~ '".,V¡ . ~ I RESOLUTION NO. BEING A RESOLUTION ACCEPTING TRACT NO. 2991 KIRKWOOD PLAZA UNIT NO.2, AND IMPROVEMENTS THEREON. WHEREAS, the City Council has been advised by the City Engineer that all improvements in Tract No. 2991, Kirkwood plaza Unit No.2, have been completed in accordance with that agreement entered into January 8, 1962, concerning said Tract, and; WHEREAS, the City Engineer recommends acceptance of the Tract and improvements; NOW, THEREFORE, BE IT RESOLVED by the City Council that Tract No. 2991, Kirkwood Plaza Unit No.2, together with all the improvements thereon, be and the same are hereby accepted and that the City Engineer is hereby order to record a Notice of completion of said improvements. PASSED AND ADOPTED this day of 1963, by the following vote: AYES: NOES: Councilmen: Councilmen: ABSENT: Councilmen: APPROVED: Peter B. Lico, Mayor ATTEST: Dorothy Trevethan, City Clerk .. .. l NOTICE £f COMPLETION NOTICE is hereby given that CITY OF CAMPBELL, as OWNER and MYRON D. HAWK the undersigned, as City Engineer caused subdivision improvements to be constructed upon the property hereinafter described. That the work on said subdivision improvements was actually accepted on the 13th day of May , 19 63. That the name of the subdivider for said owner is IRA KIRKORIAN That the nature of title of said city to said subdivision ~ro~ements is that of owner in fee simple, and the names and addresses of all owners of said property are: NAME ADDRESS CITY OF CAMPBELL iJ¡ ^I\~~ ,~\' tì ~ ~ .f;" v va \X 'It" \n, \(! (~V \9 W~(h \~ v,) Above space for Recorder 75 North Central Avenue Campbell, California That the property herein referred to and on Which said subdivision tmDrovements are located is situated in the City of Campbell, County of Santa Clara, State of California, and described as follows: TRACT NO. 2991 and having the following address: Dated May 15 , 19!!..-. \,. ¡ L .""bf/<t.. l ÞfYron 06 Hawk .. . -1 STATE OF CALIFORNIA )ss. COUNTY OF SANTA CLARA ) MVRlì!\T n. J:.(þ>WJ( being duly sworn, says: That I am the City Engineer for said City of Campbell, the owner of the property described in the foregoing notice; that I have read the foregoing notice, and know the contents thereof, and the facts therein stated are true of my own knowledge. Subscribed and sworn to before me this 1"+-ì1~I?Jl' ~ M~y . 19J.3... --- "', 'l,"i.,--~ Notary Public in and for said County of Santa Clara, State of California. W. L. MORSER /VI}' Comrr;issioo Expires M¡;,rch 25, 1965 r .. ~ .. .. . ' I ..-.. ... AGREEMENT TRACT 2991 THIS AGREEMENT, made and entered into this day of , 1961, by and between the CITY OF CAMPBELL, a municipal corporation of the state of California, hereinafter designated as "CITY" and IRA KIRKORIAN and MARGUERITE K IRKOR IAN, husband and wife hereinafter designated as "SUBDIVIDER~' WITNESSETH ,.-' WHEREAS, said "SUBDIVIDER" desires to subdivide certain land within the said City of Campbell in accordance with the map heretofore filed with the City Council of the City of Campbell, marked and designated "TRACT NO. 2991, being a portion of the Quito Rancho and lying within the City of Campbell, California;" and, WHEREAS, said map shows certain Road and Lanes which are offered for dedication for public use; and, WHEREAS, said "SUBDIVIDER" desires to construct dwellings on the lots in said TRACT NO. 2991;now therefore, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows to wit: 11) In consideration of the approval of said map and the acceptance on behalf of the public of all Lanes and Road offered for dedication, that the "SUBDIVIDER" will construct at his own proper cost and expense within said TRACT NO. 2991 improvements as follows: FIRST: Construct City of Campbell Standard Residential separated walk consisting of Portland Cement Concrete curbs, gutters, 1 of 8 ~ a. I and sidewalks, together with a City of Campbell Standard Residential Driveway Approach for each lot, extending from the back ef curb through the entire width of sidewalk as follows: On the southerly and westerly, and on the northerly and easterly sides and all around the circumference of WHITWOOD LANE~ and On the northerly side and all around the circumference of BUCKNALL ROAD~ all for their full lengths and widths within the subdivision. SECOND: Construct City of Campbell Standard Pavement structures consisting of untreated rock base and asphaltic concrete in accordance with approved improvement plans, as fo1~ows: On WHITWOOD LANE for its full width of roadway between the lips of the proposed gutters, all for its full length within the subdivision. On BUCKNALL ROAD fr8Il1. the lip of the .proposed gutter southerly eighteen (18) feet for the full length within the subdivision. THIRD: Construct City of Campbell Standard Manholes, Catch Basins, and Storm Sewers. FOURTH: Grade all lots to drain into streets. FIFTH: Provide and install City of Campbell Standard Monu- ments, Monument Boxes, and install street name signs and posts as required by City Engineer. SIXTH: Provide and install City ef Campbell Standard E1ectro- liers Where required by City Engineer. 2 of 8 .a a ~ SEVENTH: Provide and install, or cause to be installed, a water distributien sys~em, including fire hydrants, to serve all lots within said TRACT NO. 2991. The number and locatiens of fire hydrants are to be determined by the Chief of the City of Campbell Fire Department. -' EIGHTH: Provide and install Sanitary Sewerage System to serve all lots within said TRACT NO. 2991. (2) All of said imprevements shall be comple~d within twelve (12) months from the date first above written provided, however, in the computation of said twelve-month period delays due to or caused by acts of God, Viz., majer strikes or other delays beyond the control of "SUBDIVIDER" shall be excluded. It is expressly understood and agreed that if "SUBDIVIDER" shall fail to complete the work required by thisagreement within the said period of twelve (12) months of the date hereof, the "CITY" after giving ten (IO) days written notice thereof to "SUBDIVIDER", may complete the same and recover the full cost and expenses thereof from" SUBDIVIDER" . (3 ) It is further agreed that all ef said improvements shall be constructed in accordance with the final plans as approved by the City Engineer of Campbell, and shall be made under the inspection and to the satisfaction of the City Engineer. It is further agreed that said construction be in accordance with existing ordinances and resolutions of the City if Campbell, and te all plans, specifications, standards, sizes, lines, and grades approved by the City Engineer, and al~ state and County statutes applicable thereto. 3 of 8 ~ a ~ (4) It is further agreed that the censtruction work of the Lmprovements embraced by this agreement shall be done in accordance with the standard specifications of the Department of Public Works, Division of Highways, state of Califernia, dated January, 1960, and in accordance with the specifications of the City of Campbell, and County Sanitation District No.4 where indicated. Wherever the word "State" or words "Divisien of Highways" are mentioned in the state Specifications, it shall be considered as referring to the city ef 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 County Sanitatien District No.4, the specifications of the City of Campbell and County Sanitation District No.4 shall take precedence over and be used in lieu of such conflicting portions. (5) It is further agreed that "SUBDIVIDER" shall deposit with "CITY" upon execution of this agreement, for office checking of Lmprovement plans, field checking of street monuments, field checking of Lmprovements, inspection of Lmprovements, and all necessary expense incurred by "CITY" in connection with the said TRACT NO. 2991 v the sum of SIX HUNDRED SEVENTY TWO DOLLARS ($672.00). (6 ) It is further agreed that "SUBDIVIDER" shall file with "CITY", upon execution of this agreement a bond in the amount of FIFTEEN THOUSAND DOLLARS ($15,000.00) to insure payment for labor and materials, and a bond in the amount of THIRTY THOUSAND DOLLARS ($30,000.00) to insure full and faithful performance of the construction of all 4 of 8 ...... ...... 1 the aforementioned improvement work (excluding sanitary sewers and water distribution system). Said bonds shall quarantee that "SUBDIVIDER" will remedy any defect in the aferementioned improvements which shall appear 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 thereef, as well as paying the cost of all labor and materials involved. These bonds are to remain in full force and effect until one (I) year after date of final acceptance of said improvements. (7) It is further agreed that "SUBDIVIDER" will construct certain storm sewer facilities as shown on the approved improvement plans. (8 ) It is further agreed that engineering estimate has disclosed that "SUBDIVIDERS" normal connection fee as established by reso1utien No. 921 will be exceeded by the amount of TWO THOUSAND SIX HUNDRED NI~ TWO DOLLARS and TWENTY EIGHT CENTS ($2,692.28) said v amount considered to be reasonable and equitable by the City Engineer. "CITY" will consider the above amount due and payable to "SUBDIVIDERIt upon completion and acceptance of improvements within TRACT NO. 2991. (9) It is further agreed that "CITY" reserve the right to revise storm drain design shown on approved improvement plans, prpvided "SUBDIVIDER" is given reasonable written notice of "CITY'S" intention to make revisions. Reimbursement amount will be adjusted by any difference between revised storm design and presently approved storm design, in accordance with City of Campbell storm Fee Schedule. (10) It is further agreed that "SUBDIVIDER" shall file with !'CITY" upon execution of this agreement a letter, from County ~ of 8 . A ... I Sanitation District No.4 stating that "SUBDIVIDER" has entered into separate agreement with the said District N8. 4 to install sanitary sewers to serve all lots within said TRACT NO. 2991, and stating that a bond to insure full and faithful performance of the construction of the sanitary sewers and to insure the general quarantee as stated below in paragraph (II) has been filed. (II) It is further agreed that "SUBDIVIDER" shall, upon written notice thereof, Lmffiediately repair or replace without cost or obligation to the City of Campbell, and to the entire satisfaction of said "CITY", all defects and imperfections arising out of or due to faulty workmanship and/er materials appearing in said work within a period of one (1) year after date of final completion and acceptance. (12) It is further agreed that "SUBDIVIDER" shall pay to City of Campbell THREE HUNDRED NI~ DOLLARS ($390.00) for fire hydrant .~ rental for a period of five (5) years for two (2) hydrants. Said rental shall be paid at the time of execution of this agreement. (13) It is further agreed that "SUBDIVIDER" shall pay to Pacific Gas and Electric Company any and all fees required for insta11- ation of overhead wiring circuit to all electroliers within said TRACT NO. 2991, when "SUBDIVIDER" is notified by either 'the City Engineer of Campbell or the Pacific Gas and Electric Company that the said fees are due and payable. Electre1iers shall be equipped with luminaires which include twist-lock receptacles and integral photocell, as requested by Pacific Gas and Electric Company. (14) It is further understood that "SUBDIVIDER" hereby agrees to make such deposits or file such bonds and enter into such agreements 6 of 8 . .. .. I as required by San Jose Water Works ~ediately upon recordation of the map or When called upon to do so to insure the installation of a water distribuion system, including fire hydrants, to serve each lot within TRACT NO. 2991. (IS) It is further agreed that any easement and right of way within or without TRACT NO. 2991 necessary for the completion of the project, shall be acquired by "SUBDIVIDER" at his own cost and expense. Ir is provided, however, that in event eminent domain proceedings are required for the pIUpose of securing said easement and right of way the "SUBDIVIDER" 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 reason- able allowance for severence 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 in such reasonable amounts as "CITY" may require shall be deposited with "CITY". (16) It is further agreed that "SUBDIVIDER" shall carry out any and all negotiations with all interested parties and shall perform or cause to be performed at his own cost and expense and to the satisfaction of the City Engineer any and all wcrk required to abandon, remove, raise, lower, relocate, or otherwise modify irrigation line or lines within the recorded portions of said TRACT NO. 2991 shall be the responsibility of the "SUBDIVIDER". (17) It is further agreed that "SUBDIVIDER" shall indemnify and save harmless the City of Campbell, the City Council, and the City Engineèr and other officers or employees of City of Campbell from any 7 of 8 :' .. I . .. suits, claims or actions, brought by any persons for or on account of any injuries or damages to persons or property sustained or arising in the construction of the work due to any acts, omissions or negligence of "SUBDIVIDER", his officers, agents, employees, or contractors. (IS) It is further agreed that the above named terms and conditions shall bind the heirs, successors, administrators, or assigns of the "SUBDIVIDER". IN WITNESS WHEREOF, said "CITY" has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly author- ized by resoluti.n of the City Council, and said "SUBDIVI.BR" baa her8unt:o caused his name t:o be aff184 tIae day ael year ./" , , '. . r-eertificate) """"6fcrlI,ttJ ""d 'WGm ,. hd/ore me tná --..";¡~__d~y ?þ>?~9~L. ---6-~.Ç...--(¿:::E~!.f:'__--~lComm¡... EsolreøSept. 22.1964 ,; ;.\ Jr th ~I:.¡tf (1 , ,ornia " '" a of a