1420 W. Latimer Ave. (69-5)
RECEIPT
CITY Of CA!v1PBELL
CAMPBELL. CALIFORNIA
ADD
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RE.VENUE ACCOUNT NO. /
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APR 18-69 61{ 001 A *. *103.00
APR 18-69 66 001C *.*240.00
THIS RECEIPT
MUST BE MACHINE
VALIDATED AND
SIGNED BELOW.
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Thank You
CITY OF CAMPBELL
CITY CLERK
CITIZEN COpy
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A G R E E MEN T
---------
/" THj:S AGREEMENT, mad~lnd entered into this I.') d day of
~~.( , 19" , by and between PETER J. and
SALLY M. LUBETICH, husban and wife, and JOHN and MINNIE LUBETICH,
"
husband and wife, hereinafter referred to as "OWner, II and the
CITY OF CAMPBELL, a municipal corporation of the County of Santa
Clara, State of California, hereinafter referred to as IICity.1I
WITNESSETH:
WHEREAS, Owner did heretofore on January 20, 1969, apply
to Planning Commission of City for architectural approval in
order to construct an apartment building and/or structure upon
that certain real property described as Lot 7 of Tract No. 459,
Rossotto Tract as shown upon the map thereof recorded December 2,
1947, and filed in Book 15 of Maps at Page 17 the office of the
County Recorder of said County of Santa Clara, which Lot 7 is
hereinafter referred to as said real propertYi and,
WHEREAS, at its regular meeting held February 17, 1969, said
Planning Commission did approve said application subject to certain
conditions thereofi and,
WHEREAS, a certain condition of said application provides
that Owner construct and/or install public street improvements
upon the Latimer Avenue frontage which abuts said real propertYi
and,
NOW, THEREFORE, IT IS MUTUALLY AGREED TO by and between
the parties hereto that Owner shall construct and/or install
public street improvements upon said Latimer Avenue, consisting
of, but not limited to, the following:
FIRST: Construct City of Campbell standard residential
sidewalk, driveway approaches, curb and gutter, all consisting of
Portland Cement concrete.
SECOND: Provide and install street name signs, and
regulatory signs, and sign posts as required by the City Engineer
of City.
THIRD: Grade said real property to drain into the streets,
unless determined impractical by said City Engineer.
FOURTH: Provide and install a water distribution system to
serve said real property.
FIFTH: Provide and install a sanitary sewerage system to
serve said real property.
1 of 4
I
BOCK 8521 pc286
SIXTH: Provide and plant street trees of a variety and
size as required by said City Engineer.
SEVENTH: Provide and construct a storm water drainage
system to serve said real property.
EIGHTH: Provide and install a street lighting system
consisting of, but not limited to, steel poles, concrete pole
bases, upsweep bracket arms, luminaires with individual integral
photoelectric cells, underground electrical conduits, with
conductors, and junction boxes.
NINTH: Construct street pavement structures consisting of
asphaltic concrete with underlying untreated crushed rock-base
course.
(1) All of said improvements shall be constructed and/or
installed within twelve (12) months from the date first above
written 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, or other delays
beyond the control' of OWner shall be excluded.
It is expressly understood and agreed to that if OWner shall
fail to complete the work required by this agreement within the
said period of twelve (12) months from the date hereof, City
after giving ten (10) days written notice thereof to Owner may
complete the work and recover the full cost and expense thereof
from Owner.
(2) It is further agreed to that Owner shall submit
improvement plans prepared by a civil engineer licensed by the
State of California for the construction and/or installation of
said public improvements, which plans shall be submitted to City
Engineer of City for his examination, review, and approval.
(3) It is further agreed to that all of said improvements
shall be constructed in accordance with those plans approved by
the City Engineer of City, and shall be made under the inspection
and to the satisfaction of City Engineer. It is further agreed
to that said construction 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 City Engineer, and all State and County statutes applicable
thereto.
(4) 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, 1960, and in accordance with the specifications of the
City of Campbell, and Sanitation District No. 4 of Santa Clara
County, where indicated.
2 of 4
~, U, Box 904, C,1moopl/ r,lif Q~""" - ~ ~
BeCK 8521 ;cZ87
WHEREVER the word IIStatell 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 II 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.
(5) It is further agreed to that Owner shall deposit with
City, upon execution of this agreement, for office examination
of improvement plans, field inspection of construction of improve-
ments, and all necessary expenses incurred by City in connection
with said real property the sum of ONE HUNDRED THREE DOLLARS
($103.00) .
(6) It is further agreed to that Owner shall file with
City, upon execution of this agreement, a bond in the amount of
TWO THOUSAND NINE HUNDRED FIFTY DOLLARS ($2,950.00) to insure full
and faithful performance of the construction of all the afore-
mentioned improvement work, excluding sanitary sewers and water
distribution system. Said bond shall guarantee that owner shall
correct any defects in the aforementioned 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 cons~ruction 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 said improvements.
(7) 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 9110.5 of the Campbell
Municipal Code is in the amount of TWO HUNDRED FORTY DOLLARS
($240.00).
(8) It is further agreed to that City reserves the right
to revise storm drain design shown on approved improvement plans
provided Owner is 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.
(9) It is further agreed to that OWner shall, upon written
notice thereof, immediately repair or replace without cost or
obligation to the City of Campbell, and to the entire satisfaction
3 of 4
BOOK 8521 P'C288
of said City, all defects and imperfections arising out of or
due to faulty workmanship and/or materials appearing in said work
within a period of one (1) year after date of final completion
and acceptance.
(10) It is further agreed to that Owner 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 is notified by either the City Engineer
of Campbell or the Pacific Gas and Electric Company that the
said fees are due and payable.
(11) It is further agreed to that Owner shall carry out
any and all negotiations with all interested parties and shall
perform or cause to be perfor.med 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.
(12) It is further agreed to that OWner shall indemnify
and save harmless the City of Campbell, the City Council, and the
City Engineer, 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 Owner, his officers, agents, employees,
or contractors.
(13) It is further agreed to that the above-named ter.ms and
conditions shall bind the heirs, successors, administrators, or
assigns of Owner.
IN WITNESS WHEREOF, said City has caused
hereunto affixed by its Mayor and City Clerk,
authorized by resolution of the City Council,
hereunto caused their names to be affixed the
above written.
its name'1i.o be
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APPROVED AS TO FORM:
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Jo ~eph '"Ai;':;','j~(:mac ina,
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(Jpt~ry ce;~i~'icate)
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OWNER 1L
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RESOLUTION NO. 2630
BEING A RESOLUTION AUTHORIZING EXECUTION OF
PETER J. AND SALLY M. LUBETICH, HUSBAND AND
WIFE, AND JOllli AND MINNIE LUBETICH, fmSBAND
AND WIFE, AGREEMENT.
vilHEREl':.'s, there has been su.bmitted to the City Council
by Peter J. and Sally M. Lubetich, husband and wife, and
John and Minnie Lubeti.ch, husband and wife, an agreement
for the development of their real property in accordance
with prescribed conditions;
NOW, THEREFORE, BE IT RESOLVED by the City Council
that the Mayor be and he is hereby authorized to execute
the said agreernent on behalf of said City.
PASSED AND ADOPTED this 28th day of
19 69 , by the following vote:
April
AYES: Counci.lmen Chamberlin, Doetsch, Rogers,
Smeed, Hyde
NOES: Councilmen: None
ABSENT: Councilmen: None
APPROVED:
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ATTEST:
d2ut/2 4,~,Jt;.
D6rot~revethan, City
Clerk
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PLj\NNING DEP!\.[~'nlE:~T
CITY OF CJ\1.!PBELL
7S NOWfH CE;';TRAL AVENUE
CA~lPgELL, CALIFOnNIA
DATE: :c: rl clT\' 1" 1 1
CONDl '1'1 ONS ATTACHED TO liS" APl'JWVAL OF PLANS OF ,10, ,;1 L!,:: eti c
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, FOR CONSTRUCTION OF
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TO BE 1.0eA TEU AT: -----~..-1---7-e5-+-i:;tH,c_:i_,. C~' ;'I'~+tC
CONDITIONS:
COlhi i t iOJL; ilt tac;.c,
Section 9316.1 of the Campbell ~!unicipa1 Code reads as fol10\';5:
Any approval granted under this section shall expire one hundred eighty
(180) clays after the elate upon \'lhich such approvCll \Vas granted, unless
an extension for such approval is obtained by r;,aking \,:"!:i tten applicatio;;
for san'8 to the Planning COIrl];lission at least .fifteen (15) days prior to
the cxpircltion date of such approval.
No building permit shall be issued after the expiration date of ,my
appl'ovrr1 until a nc\~' 8,pproval has been obtained in the manner pTovided
for in this Chapter.
GRANTED BY THE CITY OF CA1.!PBELL PL...'\0;NING Cm.I:.nSSIO;~ AT A REGULAR ~.lEETH:C;
HELD ON THE
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DAY OF
Fe',; r ,;-:+F-T-;--l~ ----- .
C1 TY OF CA~,lPBELL PLANN I NG COi\jt,lI 55 r ON
iitt:
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By: L4:1:(4~1"!~.1~~;-C-:-<I~~~~~-'--
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"S" 69-5
J. Lubetich
Recommended approval of the application of
John Lubetich for app~~val of a 6-unit apart-
ment complex to be Ie ted at 1420 West
Latimer Avenue in an R-2-S zone subject to
the following conditions:
1. Property to be fenced and landscaped as indicated and as
added in "red" on plans.
2. Landscape plan, indicating type of plant material, location
of hose bibs or sprinkler system and type of fencing to be
submitte~ for approval of the Planning Director at ti~c
of application of building permit.
3. Faithful performance bond in the amount of $1,000 to be
posted to insure landscaping, fencing and striping of
outdoor parking areas within three (3) months of completion
of construction, or applicant may file written agreement to
complete landscaping, fencing and striping of outd06r parking
areas prior to final Building Department clearance.
4. An enclosure consisting of a concrete floor surrounded by
a six foot high solid wall or fence shall be constructed
to house trash container in an area approved by the
Planning Director. Said enclosure to be 8' x 12' mini-
mum with 6 foot self-closing gates.
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5. The roof shall be shake or other materials as approved
by the Planning Commission.
6. Decorative siding with stone to be added In front of the
building on the north side.
The applicant is notified as part of this application that he
is required to meet the following conditions in accordance
with Ordinances of the City of Campbell.
A. All parking and driveway areas to be develbped in compliance
with Section 9319 of the Campbell Municipal Code.
B.Underground utilities to be provided as required by
Section 9110.6 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. Applicant to enter into an agreement to construct one-half
street improvements on Latimer Avenue frontage.
E. Applicant to pay storm drainage fee in the amount of $240.00.
F. A 2-1/2 gallon water-type fire extinguisher must be
installed in a cabinet on the second floor landing.
G. Sign application to be submitted in accordance with pro-
visions of the sign ordinance for all signs. No sign to
be installed until application is approved and permit issued
by the Building Department.
The applicant is notified that he shall comply with all appli-
cable Codes or Ordinances of the City of Campbell which pertain
to this development and are not herein specified.
Co. Bill #
306-31-11
10-GIO
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WHEN RECORDED MAIL TO
Mr.&1fLTs. John Lubeti'ch
Mr.&lJIrs. Peter J. ,..'Lubetich
c/o 2143 Willester Avenue
San Jose, :California
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I r rded dt tho r;qUJ"1 cf II
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JAN 3 '1969~j\11
Gaorge E. Fowle::;, Recorder 1
Santa Clara COlJ:l!J.Officia fb: Jrdi
Code Arell
Nam.
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MAIL TAX STATEMENT TO
,
GRANT DEED
~:~. SA~lli AS ABOVE
Stat.
L
By this instrument dated
December 20, 1968
, for a valuable consideration,
Affix
IRS
$ 0, (~O
I#t,
PAUL REMAK AND MIRIAM REMAK, his wife
hereby GRANT (S) to PETER J. LUBETICH AND SALLY M. LUBETICH, /his wife, as joint
tenants as to an undivided 1/2 interest; and JOHN LUBETICH AND MINNIE
LUBETICH, his wife, as joint tenants as to an undivided 1/2 interest
the real property situate in the City of Campbell,
County of Santa Clara ' State of California, described as follows:
Lot 7, as shown on the Map entitled, "Tract No. 459, Rossotto Tract",
which Map was filed for record in the office of the Recorderaf the
County of Santa Clara, State of California, on December 2, 1047 in
Book 15 of Maps, page 17.
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PAUL REMAK
,J}'U'''~~A.R ~,h
MIRIAM' E~K --
STATE of CALIFORNIA
COUNTY of Marin
{ 55
On December 25, 1968 before me, the und~rsi.q,n.ed.. II NQillry Public in llnd
Paul Remak and M1r1am Kemak
llnd Stllte, personlllly llppellred
County
known to m& to be the person~whose nllme~~ subscribed to the within instru
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WITNESS my hllnd llnd officilll s911L.. ._<1,,'- ~
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My Commission Expires. ,.........:~~~,~.....-~..~,~. _\ S'.J\~' (\. ~ lr.l.i, l'~___'~'''t ""'.\~
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executed the Slime,
Notllry Public
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PLANNING DEPARTMENT
CITY OF CN'iP~ELL, CALIFORNIA
TO: APPLICANTS .~OR ':S" _APP~gVAL, V:~~IA;\),~~_~,_USE ..EE.lHlITS
The name (5) and Rc~ordcr's Number, of legal owner (s) of subject
property ,must be 'supplied as part of api)lication. A photo CO;)y of deed
may be submit.tctl for this information.
Please fill in necessary infon:w,tion:
Peter J. Lubetich and Sally M. Lubetich, his wife, as joint tenants
as to an undivided 1/2 interest; and John Lubetich and Minnie
,Lubetich, his wife, as joint tenan~s as to an undivided 1/~ interest
Name (5) as ShO\'lIl - on.-Decd------..-....;...- , ,
Namc~~as shown on Deed
Book 8390 Page 183
" 3546892
Recorder's Number
. .
For Office Use Only
Filed as part of application for
for
Filed
by