700 McGlincy Ln. (1989)
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CITY OF CAMPBELL - COUNCIL REPORT
February 7, 1989
Meeting Date:
Category:
Item #
CONSENT CALENDAR
Public Works
InItiating Dept:
TItle:
Resolution - approving the final map of Tract
No. 8163 and authorizing the Mayor to execute
an agreement for street improvements.
RECOMMENDATION: That the City Council adopt a resolution
. to approve the final map for Tract No. 8163 and authorize
the Mayor to execute an agreement for street improvements.
DISCUSSION: On June 7, 1988 the City Council adopted an
ordinance approving a tentative map for a subdivision of
vacant land into nine residences along the extension of
Regas Drive to Sweetbriar Drive. The developer has complied
with all the conditions of the tentative map and the final
map is therefore recommended for approval by the City
Council at this time.
COSTS: -0-
RESOLUTION NO.
BEING A RESOLUTION APPROVING FINAL MAP OF
TRACT NO. 8163, AND AUTHORIZING THE MAYOR
TO SIGN THE PROPOSED AGREEMENT
WHEREAS, there has been submitted to the City Council of the City of
Campbell a final map of Tract No. 8163, located at 669 to 683 Regas
Drive for approval;
WHEREAS, an agreement, that obligates the subdivider to install
street improvements as a condition of approval of said map, has been
approved as to form by the City Attorney;
WHEREAS, the City Engineer has certified that the map conforms to the
State Subdivision Map Act and City Ordinance;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Campbell that said map be, and the same is hereby, approved, and that
any real property offered for dedication for public use is accepted
on behalf of the public in conformity with the terms of the offer of
dedication.
BE IT FURTHER RESOLVED that the Mayor be, and he is hereby,
authorized to execute said agreement on behalf of the City of
Campbell.
PASSED AND ADOPTED this
by the following vote:
day of
, 19___,
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
APPROVED:
Mayor
ATTEST:
City Clerk
Ai&II~III
THIS AGREEMENT (identified as No. !cG 70) made and entered
into this day of , 19___, by and
between THE PIPEYARD, INC., a California corporation, and VEST
VALLEY CONSTRUCTION COMPANY, INC., a corporation, hereinafter
referred to as "Owner," and the CITY OF 'CAMPBELL, a aunicipal
corporation of the County of Santa Clara, State of California,
hereinafter referred to as "City."
WHEREAS, CitJ granted conditional approval of Tract 8163
upon that certain real property commonly known a. 669 to 769
Sweetbriar Drive described in Exhibit A attached and
incorporated as though fully set forth herein, which property
is hereinafter referred to as "said real propertJ";
,
~ VHEREAS, compliance with the terms and conditions of this
agreement are conditions to the final approval of above
described nine-lot residential subdivision;
NOV, THEREFORE, IN CONSIDERATION OF TBE ABOVE-MENTIONED
APPROVAL, and satisfaction of the conditions to that approval,
(1) Owner shall provide, construct and/or install at
his own proper cost and expense, public street improvements as
defined in section 11.24.040 of the City Code within 12 months
from the date first mentioned hereinabove; provided, however,
that in the computation of said 12 months period, delays due
to, or caused by acts of God, viz., unusally inclement weather,
major strites, and other delay beJond the control of Owner or
his successors ahall be excluded.
,
(2) It ia expresslJ understood and agreed to that if
Owner shall fail to complete the work required by this
Agreement within the said 12 month period, the City, after
after giving ten (10) days' written notice thereof to Owner, or
his .uccessors, .ay con.truct and/or install .aid improvement.
Ind recover the full cost and expense thereof from owner, or
his successors.
(3) Owner, or his auccessors, .hall cause to be prepared
at his eost and expense improvement plans for the construc-
tion and/or installation of aaid improvements prior to auch
construction or installation. Said plan. ahall be prepared by
. civil engineer registered by the State of California and
aubmitted to the City Engineer for examination Ind approval.
All of said taprov.aents shall be constructed and/or
installed in accordance with those plans approved by the City
Engineer and shall be made under the supervision and inspection
and to the satisfaction of the City Engineer. Said
construction and/or installation 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 the City Engineer, and all State and County
statutes applicable thereto. Upon completion and acceptance of
the improvements by City, Owner, or his successors, shall
provide reproducible as-built plans to the City Engineer.
(4) The construction work of the improvements embraced by
this agreement shall be done in accordance with the specifica-
tions of the City of Campbell and Sanitation District No.4 of
Santa Clara County, where indicated.
(5) Prior to approval of the plans by the City Engineer
pursuant to Section (3) of this Agreement, Owner, or his
successors, shall pay to the City for examination of
improvement plans, field inspection of construction of
improvements and all necessary expenses incurred by City in
connection with said improvements, a sum in the amount of seven
percent (7\) of the estimated cost of the improvements at the
time of construction.
(6) Owner, or his successors, shall file with City, upon
execution of this Agreement, surety acceptable to the City in
the amount of THIRTY NINE THOUSAND DOLLARS ($39,000.00) 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 Owner, and his successors, will correct any defects which
may appear in said improvement work within one (l) 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 pay the cost of all labor and materials involved.
This surety shall remain in effect until one (1) year after
date of final acceptance of said improvements by City. Said
surety amount may be reduced by the City Engineer after the
date of final acceptance to not less than twenty-five (25)
percent of its full value.
(7) Upon final release of said surety by City, the
obligations of Owner, and his successors, contained in this
Agreement shall be considered null and void.
(8) When called upon by City to do so, Owner, or his
successors, 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
2
the State of California created for the purpose of constructing
and/or installing any or all of said improvements.
(9) Owner, or his successors, shall participate 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 of Owner,
or his successors, 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.
(lO) Owner, or his successors, shall make such deposits
or file such bonds and enter into such agreement as required by
Sanitation pistrict No.4 of Santa Clara County to insure the
installation of a sanitary sewage system to serve said real
property, and Owner, or his successors, shall file with City,
upon execution of this Agreement, a letter from said Sanitation
District No.4 stating that Owner, or his successors, have made
such deposits or filed such bonds and entered into such
agreements.
(11) Owner, or his his successors, 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 Owner, or his successors, is notified by
either the City Engineer or the Pacific Gas and Electric
Company that said fees are due and payable. Owner's, and his
successors', obligations under this section shall not be
relieved by delay or the passage of time, but shall remain
binding indefinitely and forever.
(12) Owner, or his successors, 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, including fire hydrant. Owner's, and his
successors', obligations under this section shall not be
relieved by delay or the passage of time, but shall bind Owner
and successors indefinitely and forever.
(13) Any easement and right of way within or without said
real property necessary for the completion of the improvements
shown upon aforesaid improvement plans shall be acquired by
Owner, or his successors, at his 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, Owner, or his successors, 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
3
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 the City.
(14) Owner, or his successors, 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 work required to
abandon, remove, raise, lower, relocate and otherwise modify
irrigation line or lines within the boundary of said real
property.
(15) To the fullest extent permitted by law, Owner, and
his successors, shall indemnify, defend and hold the City of
Campbell, and its agents, employees, attorneys, officers,
officials and assignees harmless from any and all claims,
damages, losses and expenses, inClUding, but not limited to,
attorneys' fees, arising out of, or resulting from any
negligent or intentional act or omission (inclUding misconduct)
of said Owner, or his successors, or any subcontractor, or
anyone directly or indirectly employed by him, or anyone for
whose acts any of them may be liable in the course of
performance of the Agreement.
The Owner, and his successors, shall also indemnify, defend
and hold the City of Campbell, and its agents, attorneys,
employees, officers, officials, and assignees harmless against
and from any and all claims, demands, liabilities, losses,
lawsuits, judgments, damages, costs and expenses (including,
but not limited to, attorneys' fees and court costs, whether
incurred at trial, appellate or administrative levels) which
the City of Campbell may incur or suffer, or to which the City
of Campbell may be subjected resulting from the failure of
Owner, or his successors, or his agents, employees,
subcontractors, or anyone performing services under him, to
fulfill any of the obligations imposed under this Agreement.
(16) It is acknowledged that the provisions of this
Agreement constitute covenants for the improvement of the
subject real property for the mutual benefit of Owner's
property, commonly known as 669 through 683 Regas Drive, and
the City's property, commonly described as Regas Drive where it
adjoins Owner's property. These covenants shall be considered
to affect rights in the above-described real properties, and
shall be binding on the heirs, assigns, successors, and
grantees of Owner to said real property.
(17) Nothing contained herein shall be construed to transfer
any unvested interests in feal or personal property for
4
purposes of the rule against perpetuities.
(18) In the event that Owner, or his successors, should
breach any of the terms, conditions, or covenants of this
Agreement, the City shall be entitled to recover, in addition
to any other relief available in law or equity, all costs
incurred in attempting to obtain enforcement of the Agreement,
or compensation for such breach. These costs shall include
reasonable attorneys' fees and court costs.
(19) This is the entire Agreement between the parties, and
there are no representations, agreements, arrangements or
understandings that are not fully expressed herein.
(20) This Agreement can be executed in counterparts by the
parties hereto, and as so executed shall consist of one
agreement, binding on all the parties.
IN WITNESS WHEREOF, said City has caused its Dame to be
affixed by its Mayor and City Clerk, who are duly authorized by
resolution of the City Council, and said Owner has caused his
name to be affixed the day and year first above written.
CITY OF CAMPBELL
Jeanette Vatson, Mayor Pro Tem
Barbara Olsasky, City Clerk
APPROVED AS TO FORM:
OWNER:
~~~
iflliam R. Seli n,
City Attorney
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NOTARY FOR CORPORATE SIGNATURE
County of
Santa Clara
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STATE OF CALIFORNIA
On this 20th day of January , 19 89 , before me,
Debra L. !ensen a Notary Publ ic in and for the County of Santa Clara
State of California, residing ~herein, duly cOl11T1issioned and sworn, personally
appeared James S. Chalmers
~1R'@{:t~~ ( or proved to me on the basis of satisfactory evidence) to be the
person_ who executed the within instrument as President
on behalf of the corporation therein named and acknowledged to me that the corporation
executed it.
--IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the
aforesaid County and State the day and year in this certificate first above written.
County of Santa Clara
State of California
My corrunission expires: Apt'i1 15, 1992
"NOTARY SEAL"
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Council meeting
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TRACT NO. ~ /" '3 f ?/Yf : ~ P;/~;-"t:,.. ~
Agenda deaa.ine
Council meeting
Items needed to meet City Council Agenda deadline for approval
of Final Map:
Date Rec'd
Letters:
Sanitation District No. 4 (release)
P.G. & E. (easement approval)
P.T. & T. (easement approval)
Improvement Plans (signed by San. Dist. 4)
Final Map (signed and notarized)
Agreement (signed and notarized)
Bonds:
Faithful Performance
Labor and materials
C. ,C. and R. 's
Amount
Fees (payable to City):
Final Map fil ing
Plan exam. & const.
'P.:lrk. (c<. -Fire ttydraRtmaiRt.
Storm Drainage area
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Ainount
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Total
Fee '(payable to County):
Recording
Items needed before Final Map can be recorded:
Tax letter from County Tax Collector
Ta.x Bond
Subdivision Guaranty
MEMORANDUM
CITY OF CAMPBELL
To:
Bill Helms
Engineering Manager
Date:
February 6, 1989
From:
Jim Penoyer
Engineering Technician
Subject:
Tr. 8163 - Regas Drive
This map is submitted for the signature of the Director of Public Works.
The map was checked by reference to the following:
APN 412-35-5&23
PM 316 M 9
PM 549 M 38
TR 4060
TR7823
Title Report dated June 15, 1988
Engineer's Calculation Sheets
This map is on the City Council agenda for approval of the final map at
the meeting of February 7, 1989.
The original map will be on the vacant desk outside your office.
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CONDITIONS OF APPROVAL - FILE # TS 88-02
SITE ADDRESS: 700 MCGLINCEY LN.
(REGAS/SWEETBRIAR DRIVE)
APN 412-35-5 & 23
APPLICANT: THE PIPEYARD. INC.
P.C. MTG: 5-10-88
The applicant is hereby notified, as part of this application. that he/she is
required to meet the following conditions in accordance with the Ordinances of
the City of Campbell and the Laws of the State of California. Additionally.
the applicant is hereby notified that he/she is required to comply with all
applicable Codes or Ordinances of the City of Campbell and the State of
California which pertain to this development an~ are not herein specified.
PUBLIC WORKS DEPARTMENT
1. Installation of a sanitary sewerage system to serve all lots within the
subdivision in conformance with the proposed plans of the County of Santa
Clara Sanitation District No.4. Sanitary sewerage service to be provided
by said District No.4.
2. Installation of a water distribution system to serve all lots within the
subdivision in conformance with the plans of the San Jose Water Works.
Water service to be provided by said water company. Fire hydrants and
appurtenances shall be provided and installed at the locations specified by
the Fire Chief, Fire Department, City of Campbell. Fire hydrant
maintenance fees shall be paid to City at the rate of $195 per fire
hydrant.
3. Subdivider shall create or provide any public service easement and any
other public utility and/or public service easements as may be necessary
for the installation of any and all public utilities and/or facilities.
4. Compliance with the provisions of Title 20, Subdivisions of the Campbell
Municipal Code.
5. Subdivider to pay Storm Drainage Area Fee.
6. Subdivider to furnish copy of Preliminary Title Report.
7. Subdivider shall install street improvements and post surety to guaranty
the work.
8. Provide a grading and drainage plan for the review and approval of the City
Engineer.
9. Obtain an excavation permit and pay fees and deposit for all work in the
public right-of-way.
10. Pay a fee of $9.056.00 in lieu of dedication of land for parks.
PLANNING DEPARTMENT
11. Prior to approval of final map. subdivider to submit a plan, for the
Planning Director's approval. indicating the design and location of a 6' or
8' masonry or pre-cast concrete wall along the north and west property
lines. Wall to be constructed prior to final map approval.
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PACIFIC GAS AND ELECTRIC CO~PANY
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10900 NO. BLANEY AVENUE . CUPERTINO, CALIFORNIA 95014 . (408) 973.8930
City of Campbell
70 N. 1st. St.
Campbell, CA 95008
RICIIVED
AtIIl 8 1988
PUBLIC WORKS
ENGINEERING
August 16, 1988
SUBJECT: Easement Approval for Tract #8163, Regas Dr.
Dear Sir:
The Public Urility Easements shown on the final copy of the Tract presented
prior to recording, are adequate and satisfactory for the installation of
this company's gas and electric distribution facilities.
Should you have any questions, please call Mr. M.F. LeRoy at (408) 725-2186.
Sincerely,
Q~
cc: Civil Eng. Assoc., 1641 N. First St. #280, San Jose 85112
N.B. Rep. (Valerie Colvin)
Pacific Bell
File
TO: City Clerk
Please collect & receipt
fo r the fo 11 ow i n9 mon i es :
PUBL,_ WORKS FILE NO. AJ'~~
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''C'", S' I ~..3
ACCT.
35-396--
3372
3521
3521
ITEM
Project Revenues (specify project)
Pu Lie.. ('JOft v., Exe..ava.Lwn PeJtm.{...t e~:
App I i ca t i on Fee
Plan Check Deposit
Faithful Performance (Cash) Deposit
R-1 :
($'35)
($200)
.t VI.:
($ 50)
'( $500)
(4% of FPB)
($500 min.)
(]% of FPB)
($ 35 mi n . )
3372
Plan Check & Inspection Fee
3521 Other Cash Deposit (specify)
3373
3373 &
3372
Tentative Parcel Map Fil ing Fee ($350)
Final Parcel Map Filin Fee ($300)
Tentative Tract Map Fil in Fee $ 00
Final Tract Ma FiJ in Fee $350
Lot Line Ad.ustment Fee/Certificate of Compl iance
Vacation of Publ ic Streets and Easements
Assessment Segregation or Reapportionment
Fi rst Spl it ($500)
Each Additional Lot ($150)
Environmental Assessment:'
Categorical Exemption cost
Ne ative Declaration
Storm Drainage Area Fee per Acre Multi-Res.,
$2,060; all other, $2,250)
Park Dedication I~-I ieu Fee per Unit ($1,132)
3370
J395
3380 Publ ic Works Special Projects
3510 Postage
AMOUNT
$
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TOTAL
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0,7 1-""3 'r~2..
ZIP 9' .s~()O 6
PHONE
ADDRESS 700
FOR
C I TV CLERK
QIoiLY
RECE IPT NO.
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AtoIC)U\IT PAID
RECE I VED BY
DATE
July, 1987
1531 Parkmanr Avenue
San Jose, Call1ornla 95128
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PACIFICW...-WBELL
A Pacific Telesis Company
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RECEIVED
MAY 131988
PUBLIC WORKS
ENGINEERING
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RE: Chalmers Estates II - Regas Drive, Campbell
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CITY OF CAMPBELL
To:
Don Wimberly, Public Works Director
Jim Penoyer, Engineering Technician
Date:
March 31, 1988
From:
Art Kee, Planning Director
Tim Haley, Planner II
Subject: TS 88-02
APN 412-35-5, 23
- - - _ _ _ _6Q~Q.7jl_S~~e!b..F!a.I _D..!.
--------------------------------------
In response to your referral dated March 25, 1988, regarding a proposed
subdivision along Regas/Sweetbriar Drives, the Planning Department
offers the following comments:
1. A subdividers statement should be provided justifying
an exception to the standard street width.
2. This proposal should be scheduled for a public hearing
before the Planning Commission.
If you should have questions regarding this information, please
contact Tim Haley.
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