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1315 Pollard Rd. (74-16) R2CEIPT CITY OF CAMPBELL CAMPBELL, CALIFORNIA NAMiJ:~//( ~--C{~:e- ADDR FO~ dt . -'v ~C;44V/ ,t :t/l (/ / r- ( -/&- / .~ . /~//(/~e~ /&1<;: (I ~J /' (~~ - ~7v~ ~---~ REVENUE ACCOUNT NO. Jb/ /I- FUND NUMBER .J7--5 .0 CHECK fa - /_7 '(:g o MONEY ORDER 0 CASH DATE AMOUNT THIS RECEIPI' MUST BE MACHINE VALIDATED AND SIGNED BELOW. MAY 2]-75 039 * *** 170.00 HAY 23-75 6S 039A ***170.00 <els 0748 BY CITIZEN COPY ~- / -,.----.. T~u CITY OF CAMPBELL IHTER- DEPAnT.rill!~Tl'.L 1.mrIOTU-\.HDUI'1 TO: Building Department FRO!.l~ Public l'!orks Department The requireInents of the Public 17or)::s Depa:t"tment have been sat!::: fied for the follovdng develo];)ment.: l'..PP L ICAN'J.1_ ~ . D~~o.--\a BUILDING ADDRESS___~~t~ ~o t \ o..\rd. \R. c\ COUllTx ASSESSOR'S P l-\.f\.CEL NUMBER 4-a~ \ Co - Co e:, II [:" APPH.OV.i\L NU.i'-1BEr~_~ ,4- (<0 .. ~'....,--,-------'''''-''_._--~-'-''-''_'- PUBLIC VJOHI(S FILE lWMBER_. s ~_,..c\~ vHLL IAl-l G.. \lili.EH ( DIRECTOR OF . UBLIC tt-JORT<S By Ik1 te '2.. ~ 11 Q..tr' l ':::> ~,...____ffi---t-"._..- . O\-C'\1l1 . "'0> ~ (<' .... r' U r CAMPBELL 1- '-. "" G' O/~CH",RO Public Works Department I U CITY OF CAMPBELL ! (I,:' -, 11 ()Il!)dl,i( 1) 21)()' Date: August 11, 2003 TRANSMITTAL FROM THE PUBLIC WORKS DEPARTMENT TO: vince and Susan Serrano 1321 pollard Road Campbell, CA 95008 FROM: Marlene pomeroy, Executive Assistant SUBJECT: 1321 pollard Road We are forwarding the following: Copy of recorded Notice of Release regarding Notice of Improvement Obligation dated April 18, 2001 and recorded May 4, 2001. Remarks: If you have any questions, please call. ,I J9i /1 / /:y(jL1/LL-df t/.. /.. ) .--:7~""-- /):-ltCD'c..e~ 1 J:\FORMS\CETRANS(EXCEL) 70 North First Street Camphell, California 95008-1436 . TEL 408.866.2150 FAX 408.376.0958 rill) 408.866.2790 City Clerk City of Campbell 70 N. First Street Campbell, CA 95008 ) ) ) ) ) ) ) ) ) ) DOCUMENT: 17027621 Pages: 2 ~ 1IIIIIIIIIIIIIilllll Fees. * No Fees Taxes. . Cop i es . . -0017027821- AMT PAID BRENDA DAVIS ROE ** 008 SANTA CLARA COUNTY RECORDER 5/09/2003 Recorded at the request of 3: 10 PM City TO Bf ReCORDeO wnuo" ~E! SeC110N 610~ GOVf:Rh!H.E:' ...:0 DE lI\ 'f T'4E RI!QU!9r OF CtTY OF CAi,PRfU Recording Requested By: City of Campbell And When Recorded Return To: APN. No. 403-16-064 Address: 1321 Pollard Road (Space Above This Line For Recorder's Use Only) NOTICE OF RELEASE BY CITY OF CAMPBELL NOTICE IS HEREBY GIVEN concerning the real property described in deed recorded November 30, 2001, as Document #15984946 of Official Records in the Office of the County Recorder, County of Santa Clara, State of California, which property is commonly known as 1321 Pollard Road, That, on May 4, 2001, the City of Campbell recorded a Notice of Improvement Obligation (Document #15665084) for construction of certain street improvements on the public right-of-way abutting the real property commonly known as 1321 Pollard Road, Campbell, California, (Santa Clara County Assessor's Parcel Number 403-16-064). That, whereas, said conditions of said Notice of Improvement Obligation have been met to the satisfaction of the City. That, Now Therefore, the property located at 1321 Pollard Road is hereby released from all requirements contained in the Notice of Improvement Obligation recorded May 4,2001, as Document 15665084, in said County Recorder's Office. IN WITNESS WHEREOF, said City has caused its name to be affixed by its Public Works Director and City Clerk, who are duly authorized by Ordinance 1951 adopted September 2, 1997. ~ Anne Bybee, City Clerk ~.y F AMPBELL ~~ , ~ Robert Kass Public Works Director (Attach Notary Acknowledgment) H:\projects\9802ph3 overlay\1321pollard notice ofrelease(mp) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California xia11LL }ss County of t~ On ~f ;21/ ;( t) ~ 3, before me, Date personally appeared ~/ L/?rna ~ersonally known to me o proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is/~ subscribed to the within instrument and acknowledged to me that he~h~/t~ executed the same in his/hcr/tAoir authorized capacity(.iQe), and that by his/h~r!tAeir signature(S) on the instrument the person(s), or the entity upon behalf of which the person(~) acted, executed the instrument. MARLENE :( POMEi~OY _ Commis:..:cn # 1218428 .i.. Notary Public - Cc!ifomi;z I ~ Santo Clorc County I MyComm. Expi'es Wet 6. 2m I ............................-.-......,.......-~...........-....___ Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached ~ Title or Type of Document: ~ Document Date: ~ ;2 ~ >>03 Signer(s) Other Than Named Above: 7'~~ / Number of Pages: Capacity(ies) Claimed by Signer Signer ame: o Individua o Corporate Offic - Title(s): o Partner - 0 Limite o Attorney in Fact o Trustee o Guardian or Conservator o Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: @ 1997 National Notary Association' 9350 De Soto Ave., PO. Box 2402' Chatsworth, CA 91313-2402 Prod. No. 5907 'I ;::>:J Reorder: Call Toll-Free 1-800-876-6827 '~ ,I 'I ,I 'I ,I ,I 'I , ~ ,I 'J ,] 'I ,I 'I ,I ,I ,I ,] 'I ,I I 'I .1 '1 ,] ,I 'I -I ,1 ,I -I ,I ,I '1 'I '1 ,I ,1 ,I '1 '1 1 '1 ,I 0\ . ClIl\1p .:..,., <S> ~ ::;:. U r- CAMPBELL --' .>. 1- ~~.. !..., (" c' O/<CH !\~O r- " o CITY OF CAMPBELL Public Works Department '0 ,::! T/J( ()'chdl,1 (JI) 2(JO;:> April 29, 2003 Vince and Susan Serrano 1321 Pollard Road Campbell, CA 95008 Re: Notice of Improvement Obligation - 1321 Pollard Road Dear Mr. and Mrs. Serrano: In my telephone conversation last week with Mr. Serrano, it was brought to our attention that back in January 1995 the amount of $2,200 from a Certificate of Deposit was paid to the City for future public improvements. Payment of this sum at that time resulted in the release of any future obligation to construct public improvements. In April 2001, the City recorded a Notice of Improvement Obligation in the amount of $4,734.33 for the improvements that were installed across the front of your property in conjunction with the Burrows/San Tomas Aquino Road Improvement Project. After review of the file, and consulting with the City Attorney, it has been concluded that you will not be required to pay the Notice of Improvement Obligation amount of $4,734.33, Consequently, the City will file a Notice of Release with the County Recorder releasing this obligation from your property, a copy of which is enclosed, You will receive another copy of the Notice once it has been recorded (in approximately three to four weeks). Thank you for bringing this matter to our attention. If you have any questions, please contact me at (408) 866-2776. , Sincerely,,) ~iULlilt.1LL-;:R;;;1-{6tfr I Marlene Pomeroy [/ Executive Assistant Enclosure 70 North First Street . Campbell, California 95008-1436 . TEl. 408.866.2150 . lAX 408.376.0958 . TIll) 408.866.2790 MEMORANDUM CITY OF CAMPBEll.. PUBLIC WORKS DEPARTMENT TO: Jan Hemsley, Deputy City Clerk .. ~>7j 1-d: i l~>~......-/ FROM: Marlene Pomeroy L. Public Works Department DATE: April 29, 2003 SUBJECT: Document for Recording Attached is a Notice of Release regarding a previously recorded Notice of Improvement Obligation for 1321 Pollard Road. The document has been signed and notarized and is ready to be sent for recording. As usual, Public Works will need a copy of the recorded document when received, Thanks for your assistance. Attachment MEMORANDUM CITY OF CAMPBELL TO: FROM: Bill Seligmann, City Attorney ~: --1 '~/ d 'c i J1... '----'" . .. a~Iene omeroy, PublIc Works DATE: April 18, 2003 SUBJECT: 1321 Pollard Road On April 17, 2003, I received a phone call from Vince Serrano (775) 833-1461. He is now the husband of Susan Ducato, 1321 Pollard Road. Apparently he is "cleaning up" some paperwork related to this property now that he is married to her. He said back in 1995 Susan Ducato had an issue with the City re installing public improvements and there was a letter from the then City Engineer, Bob Harary, "settling the dispute" and the Notice of Improvement Obligation should never have been recorded for the Burrows/STAR project. (I asked if he had spoken to Derek at the time and he said they had tried to reach either him or Michelle Quinney, but had not followed up, it had fallen through the cracks, and now two years after the fact he is trying to straighten it out.) The only file I could find is for 1315 Pollard (which address does not now exist on Metroscan). Metroscan shows 1321 owned now by Vincent and Susan Ducato Serrano. The correspondence in the file refers to 1313-1321 Pollard, so maybe it's a flag lot? There is correspondence from Susan Ducato, Bob Harary, and finally Mark Ochenduszko. It seems there was a Street Improvement Agreement executed by Joseph and Susan Ducato back in 1975 (Joseph is her first husband) estimating the cost of improvements at $5,200 and the Ducato's provided a Certificate of Deposit for $5,200. The correspondence from Susan indicates they were willing and able to construct the improvements but the City was not prepared to have the improvements completed because of the then street alignment. The City Engineer in January 1985 told them to install the improvements, but in a follow-up call by Joseph was told not to proceed because of again the street alignment. Then in January 1995 the City Engineer (Harary at this time) notified her to construct the improvements (now at a cost of approximately $20,000) and this is what she was disputing, She contended that the City had her $5,200 for 20 years and the work had never been done. She was not in a position to pay $20,000 for the now required improvements. Bob Harary's proposal letter says, "The City of Campbell would release you of any obligation to construct street improvements...." The settlement letter from Mark Ochenduszko says Susan would pay the City $2,200 of the Certificate of Deposit (she would get the balance) which would cause the Street Improvement Agreement to become "null and void." Bottom line, Mr. Serrano alleges the Notice of Improvement Obligation should never have been recorded because they had reached this settlement and paid the City $2,200. In addition to all of the documents mentioned above, I have provided a copy of the Notice of Improvement Obligation recorded in 2001 in the amount of $4,734.33, and the parcel map. We would like your opinion as to whether or not the Notice of Improvement Obligation should be released. ,y( .&-d A ~ ~ ~-~ Cc: Bob KassIMichelle Quinney dd ~ aL/ ~~ -_- / /././ _ do _ ~ ~."d~ ~~~~ ~ ~,<~~~./~> L~~J~~~~y~/~. ~~/ {f*ou.{ ~ /., /99:J-I Ikav y~. / iJruay : ?If ;f&/~ JML~aL ~~ ~ ~ 4J~/~ f;f;;ct: #-;{. .J -5 3 ~ o au _Jili!! ~ (!{)/ldi&2at/ tf/ U &-Iv / -...) 0 L 9,::J -.j /7YU ;2L$/) L:t:tZv a ;;tIlUlJ ~~ / ~. wtUdtL JdQ //77, ~~-; ~uo~o ~}tL w7cL WZLu /J/ZPUL"J <II !'l3 . ? &if-If H (7(bn/~ w/{L #\/7000> P /1ft4Jyz)t) O/uLuiCli/-' q-ut1-~/ ~; t:/ Ofty~ML I / iLu- ---AtLUL ?Jriia-u L{ · /) i &d. Jla--v~ Ju!twuiL t;LUJ //.JUJ/(! /1OJ F17 a/7ft- /JLtl/LU7?,Yla-cV ~/z/ dm7..L'1 Ji 0 / / J fwd, ,l/U(; ./U/7f1, 00 ~ tu)d_~ Jflw....~uJIL ~d /JJU--bv =/u(tvl~ /l?>> tl ~ /))2AJjUuh. (). JA /j . 'LL ~ Ut, (!.o/ liL d/tYZ~ .6~~t!t'3 p,.-/f;fkjf;.,- !lJ{lu~/7if;(';!d Lj~f ~%7 ()3:J3 RECE~Vf. JAN :i 199::; ,';"">< '- 4,DMJNISll~ A MEMORANDUM CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT TO: Bill Seligmann City Attorney ~0}~Robert Harary, City Engineer_t:""""f"r ./.1../__ Cruz S. Gomez, Assistant Engineer ~ Robert Kass~ Director DATE: January 23, 1995 FROM: VIA: SUBJECT: 1313-1321 Pollard Road, Ducato Street Improvement Agreement As you discussed with the City Engineer on January 18, 1995, we are enclosing a copy of a letter from Mrs. Susan Ducato, dated January 6, 1995, a copy of an Agreement between Joseph R. and Susan R. Ducato and the City, dated May 23,1975, and a copy ofa Certificate of Deposit (CD) which the Ducatos posted as a bond in lieu of constructing street improvements at the above address. The letter requested that the CD in the amount of $5,200, the plan examination and construction inspection fee in the amount of $183, and the storm drainage area fee in the amount of $170 be refunded due to the fact that the City did not enforce construction of the improvements for almost 20 years. Staff believes that the latter two fees should not be reimbursed under any circumstances. The Public Works Department still wants to have the public improvements constructed at this location. However, the amount of the CD would not cover the estimated cost of the improvement at today's prices. We also need to know what our limitations are with respect to being able to enforce the conditions of this 20 year old agreement now or in the future, The Agreement does not include a termination clause. In addition, Item #10 in the Agreement refers to a possible future special assessment district. It is not clear if the City could release the CD and still not terminate this agreement for a possible future assessment district formation, or if releasing the CD dismisses all terms of the entire Agreement. h: 13l3pollard(mp) " { rf ( 4 YP"-C{( C u!""-'" ~ 1(\ :-:; r-: h;; ..'~ ,".n),' --1'1 ~v "'r 6 Sfr< VJol/.! ",:,4" ~- f ,,,' Cvf{"e,,~ I ...' ,.. ,.~ h~/.p./(>r ;-f _~ 7~{' ~a.~ // /: ('po!:'" , " In-~ r' ~~" , . \-v 0 t;..., 10::> ,Of " C-'.4t.o 4. ...,. ~ .r... ~.- -. o(!tI U .; );:::,\ ~ . ..JJ....' ~.;.... . .. ' .. 1- .......-.-. 4,. . ~ .:' .1)"r.M's\> ~IBIT liB" CITY OF CAMPBELL Public Works Department March 1, 1995 Mrs. Susan R. Ducato 1000 Carolyn Lane San Jose, CA 95125 Regarding: 1313-1321 Pollard Road, Agreement and Deposit for Street Improvements Dear Mrs. Ducato: Thank you for your letters, dated January 6 and 30, 1995, concerning the Agreement to construct certain street improvements and related cash securities. The Public Works Department and the City Attorney have completed our review of the Agreement and related materials, considered your request to be released of all securities, and investigated the City's responsibilities to enforce the provisions of our Agreement which did not include a termination clause. The Agreement, executed in 1975, provided that you construct street improvements along your property frontage on Pollard Road within twelve months from notice by the City Engineer. These street improvements included curb, gutter, sidewalk, street lights, street trees and pavement widening at an originally estimated cost of $5,200. The current cost to construct the improvements is about $20,000. You were notified by the City Engineer in January, 1985 to proceed with construction of these improvements as provided in the Agreement; however, the improvements were not installed for unknown, undocumented reasons. In January, 1995, the City Engineer again notified you that the improvements were required, but considering the length of time that has expired since the Agreement was executed, we agreed to seek a mutually acceptable solution to this matter. . As a result of the above referenced factors relative to construction of the street improvements, we offer the following proposal to settle the matter: The City of Campbell would release you of any obligation to construct the street improvements, allow you to retain any accrued interest and terminate the Agreement. In return, you would release the $5,200 deposit to the City of Campbell toward future construction costs of these improvements by City forces. This proposal would relieve you of any obligation to pay the estimated additional cost of $14,800 for construction costs in today's dollars, and would allow you immediate access to all accrued interest. Please note that this proposal would only provide the City partial revenue needed to complete the required street improvements by City forces. 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.379.257'2 . roD 408.866.2790 Mrs. Susan R. Ducato March 1, 1995 Page 2 Furthermore, the Agreement stated that you were responsible for paying plan check and inspection fees in the amount of $183 and a stonn drainage area fee of $170. City employees previously worked many hours on your plans and related documents, and the storm drain area fee was required to pay for stonn drainage improvements and for the removal of stonn water from City streets. These fees would currently be about $700 and $429 respectively. The City rightfully assessed these fees in 1975, and we cannot consider refunding these fees to you at this time. The City views this part of your request as non-negotiable. Please let us know if this proposal is acceptable. The City seeks to resolve this matter to our mutual satisfaction as quickly as possible. If you have any questions, please call me at 866- 2159. Sincerely, Me-d ?/l, #d/~J- Robert M. Harary, P.E. City Engineer RMH:HH:mw cc: William Seligmann, City Attorney h:ducato:mw(6.0) TO CE ;:;:;c.:J^=.':;) V/iT::OUT FEE SEe/ON 61 C3 GC.,'ERNA\Ei.<f CODE AT rr{<; REQUEST OF CITY OF CM;',PBELL ... B 459 PAcfl00 RESOLUTION NO. 3895 eIT'.' OF CAMPaELL BEING A RESOLUTION AUTHORIZING 75 NORTH C'.E:NTRAL AVE OF JOSEPH R. DUCATO AGREEMENT. CAMPBELL. CAL/"'ORN/A gs~oe EXECUTION WHEREAS, there has been submitted to the City Council by Joseph R. Ducato and Susan R. Ducato, an agreement for the development of their real property in accordance with prescribed conditionsi and WHERE..1\S: by the terms of said agreement, and con- currently herev'dth they have submitted grant deeds of certain portions of their property for street purposesi NOW, THEREFORE, BE IT RESOLVED by the City COllilCil that the I>1ayor be and he is hereby authorized to execute the said agreement on behalf of said CitYi and BE IT FURTHER RESOLVED that the grant deed submitted in connection therewith be and the same is hereby accepted. PASSED Ah~ ADOPTED this 9th . day of June 19 75 , by the following vote: AYES C 1 Chamberlin, Doetsch, Paul, .: ounei men: Podgorsek, Hammer NOES: Councilmen: None ABSENT: Councilmen: None APPROVED: Russell J. Hammer Mayor ATTEST: , ......, 0 , ~... ." THE FOREGOING INSTRUMENT IS A TRUE AND CORRECT COpy OF THE ORIGINAL ON FILE IN THIS OFFICE. " ATTEST: Dorothy Trevethan, City Clerk CITY OF CAMPBELL, CALIFORNIA / . ;; BY 'I .,7'/. .../', ~ DATED / ( /t /r Dorothy Trevethal! .'.', ", ; ~.~~.'. ... .t:ii:y~ Cle'rk .., ~ l.~.t ' . . , , . .' ) ,"". "~/. .... '," ".... ~. \ " .. .. '. . ~.. '.. "-. TO BE Rl.;CORCED WiTHOUT FEE CITY OF CAMPBELL.,. S~';ION 6103 GOVERNMENT Cr ~ 75 NORTH C8:NTRAL AVE AT THE REQUEST OF CITY OF CM. -'J. CAMPS-eL.L. CALIP'ORNIA .SO~ ,j ~;.R E E ~.1 r: N'r. EXHIBIT .C. r' -. .- - - - - - .- .- NO Fe:';-'-..L . 1..- 8. 459 lItE 93 TiES hG~EE~ENT, made a:'1:! e:-;t~r€d int.o th is _.~lfl,L____u__' 19 7.1 , by 4Il1d be't'Neen...:[~~E":E.l:1_ R. ~USL::::, R......Qt:::Bt.O, hj.~ W'i fe ~J) r:>?r3 - day Ot Ducato and .;:-::;:;: r) r r t;;~ .. , " _~_~ _\.4 ~v co:cporaticr. hcrei.n::.lft~!" , h~rcinaftc~' CA~~BELL, a municip~l State of California, as 'IO\'lI'1e:'s", and the CITY OF' ~= the COtUlty of Santa ~lara, ....,.4=......red +-0 as IIC; ,_,." ___c.::_ '"" .....'-./. . ~vTTNE5$E'l'H : ~r.m~ru::AS, O\vners diu i1eretofore on J"lne 14 .__' 19-14_, ",-.. ~ . .:-.- .--~..... .,:'",r IIC" auoroval in .')rder to <r...,::-tJ_,,;~ ,-,,J -'-'-..! -'.~"'4.~--'_"""'._' _.___ .CO:1s"t:~~~c..:~ 3 .o~..'.:....J1::..n~' ~=,':';Ci:1 t:,,:::-=. =~=t~;..:1 :,"~~.i p.ropE':-ty described ;..>y that cer.:ain :i:nc1iv::..c1ual -.1f)int Tenanc"\: D~ed re~,?r~ed_ Iv!':LQ;="h .1"7 , 19 75 , and iil.;d in Book_.:e.Jo~_'J= Of:t~c~a"!. Rf:ccras at pacre 4]7 oZ the County Recorder of t~e County of Sa.:::1ta Clar"3, "sta-te of 2alifornia, which property ::"3 hereir.Clfter referred to as .. said real prop'.:!rt:/'; and ~ l'i'H3P.EAS, at i t~ reguJ. <'!:r' m€.~ti::..g held July 18 _ , 19__74_, said City did conside= ~aid application and g~ant its ~F:-r~valthereon su;:,j ect t~ cer.:':?li:l r::ondi ti ons thereof as cc':1.- tained ir.. t.he al2.;:,ro'.~a 1 therefor ~~no:"m as "s II 74-16 NOrl, THEREFORE. IT IS MtJ'"TUA.I.LY ::,GPEED TO by a.Tld between t:he parties hereto as follc.....s, to v.,-i t: (1) It is agreed to th~t O~~ers~e reouired to prep~r~ a~d/or cause t~ be p=epared a parcel map bas~d ~pon ~ field S'11."''''''2Y and/or record data in accordance with the provi- sic~ns of- th..~ Subdi"'w:"i~iur~ :.1~o Ac-: of -=-~c S::~te of ("'~l:i fo.Y."!!iij. wliic~ parcel map shal! be. p~epared by a licensed land surve~oL 0r reaist.ered civil enain8cr and ,,'hieh mc.p sh~ll be submittt:c to t'h(: c~ty E~gi~eer. <?f City fo: examination, approval c:nd -""'corr'o'..lO,.... \.-,thln +-11--oj-\, ("0' a-'''- fro..... "'''e d:"lt"'" 11.......Cn- It &.\..~_ _~l,.... ....1 '1_ J. ..... ..:..~__ _' I c.:.~.:;) ,H" ..... .......... c_ "_..... is furt:!\(~r agreed to that if O\'''nt.;~=!3 c~:oose to, or arc requirEd to, ;:;Ui...:;;iit ~ ~~rcel man, O\.mers shall pa? Citv the sum of Sc\-entv Six -. .. - - DOLT...i\RS --...--""'-' '.$~;5~~._) forthc examinatio:1 of the ten"Lative and. final p41rcC'l map. (2' It :d; fm.'dl~r agrp.ed to th~t Ovmers shall provide, construct an(Vor in;,t:-lt ~lt their Ci\VT1 pr~p~r cost ~i11d expense 1'01 'j "'.. --l T"c""1 +-l h t tl f t f' . - upon.-2.._...:~:.:.::'::. ... ...., _ ..._lr~:19 Oll ~€: 'ron <.1g(.~ 0 - 5a~a ~r~l propert~ public s~rc0t i~prcvcm~nt~ consisting of~ but net:. limj. i:ed Lo. t:.hc follc-.d.ng; 1 of G B 459 fA;! 94 FIRST: Provide and construct city of campbell standard curb a~d gutter, sidewalk and driveway approaches, consisting of Portland Cement Concrete, as shown upon the improvement pl~ns for said real pr~perty approved by the City Engineer of city. SECOND: Provide and construct City of Campbell standard pavement structures consisting of untreated crushed roc~:base course ana asphaltic concrete surface course or approved equivalent in accordance with said approved improvement plans. TdIRD: Grade said real property in accordance with a?~roved building plans. FOURTH: ?rovic.e ~nd ln~t.:.11!. Cit~.. 0= (";:;rnpbell :3tandard electrical underground conduits with conductors and junctiol1 ooxes, a~l as shown upon said plans and as approved by said City Engineer. FIFTJi: Provide and install or cause to be installed a water distr~bution sy~tern, to ae=ve said real property as sr.o~n upon said plan~. SIXTH: Provide and install a sanitary sewerage system to serve said real property as shown upon said plans. SEVENTH: Provide and install an underground electrical energy system and an undergro\:nd telephone system to serve Said real p=operty. - EIGHTH: Provide and plant street trees of a variety ~nd si~e as shm.;n cpon the plans .and as appro',ed by said City Engineer. '. 2 of G " B 459 PAGE 95 (3) It is further agreed to that O',mers shail 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. (4) It is further agreed to that all of said improvements shall be constructed and/or installed within twelve (12) mon~~s 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 cuused by acts of God, viz., unusually inclement weather, major s~rikes, other delays beyond the control of Owners shall be excluded. It is expressly understood and agreed to that if Owners s~lilll fail to complete t.~e work required by this Agreement ,-d.~i!: the said p~riod of twelve (12) months, thE: City, after givJ.llg ten (lO) -days \\7ritten :"loti\,;c~ ~l~.c;O= ~::) O~":n~!'s. m?y construct and/or install said improvements and recover the full cost and expense thereof from O~~ers. (5) It is further agreed to that Owners shall prepare or cause to be prepared at their cost and expense in~provement plans for the construction and/or installation of said public st:~eet improvements, ",..hich plans shall be prepared hy a civil . enaineer licensed bv the State of California, which plans shall be - subfilitted to City Enqineer of City for his. exarnina~ion ana appr0val and which pl~1s shall be submitted to City Engineer ,...her. O'...'l1ers are so Il~tific? by said Ci ty Engineer. . (6) It is further agreed to that the construction wo~k of the i.mprovements embraced by.this Agreement shall be done in accordance with the Standara Specifications of the Depart- ment of Public Norks, Division of High\-vays, State of California, date~1 J.anuary, 1973, 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 uDivision of High\"ays" are mentioned in the State Specificatiol1s, it s:lall ~e con.:= i- de~ed as referring to the City of Campbell. Also, wherever the "Director" or uDirector of Public Worksll is mentioned, it sh~ll be considered as referring to ~~e City Engineer. In case of conflict be~~een the State Specifications and the Specifications of tha City of Campbell and Sanitation Dis.trict No. 4 of Santa Clara County, the Specificiltions of thc City of Campbell and Sanitation District No. 4 of San.ta Clara County shall take precedence over and be nsed. in lieu of such conflicting portions: (7) It is further agreed to that O~~ers shall deposit with city, when calle1 upon to do so for office exo- minClt ion of imprClv~:l\enL pI ans I field inspection or constructi.on of imF::ovcllIcnt:s and all r.eces~ary expenses incurred by City in connection with ~aicl imp1."ovc~m('r.ts and all necessary cxpe.n;es 3 of 6 B.. 459. rA;( 96 incurred by City in connection with said real property the sum of One Hundred Eighty Three DOL~~RS ($ 183.00 ) . (8) It in further agreed to that owners shall file with Cit.y, upon execution 0 f this Agreement, a bond in the amount of Five Thousand Two Hundred DOL~.RS ($?,200.00 _) to insure full and faithful perforrnanc~ of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distribution systenl. Said bond shall guarantee that O\~1~rs shall correct any defect which may app~ar in said work within one (1) year- from the date of' acceptance of the \-lork by Ci.ty and pay for a.TlY damage to ether work xcsulting from the construction tl1ereof, as well as paying th.= ccst of all labo= and materials irlvolved. This bond shall re~~ai.n in full .force and ef..fect 'mtil one (1) year after data -.c' 1 - .-. .. OI ~~na acceptc~ce o~ sa~u ~ilipro7~~en~s, (9) It is further agreed to that city reserves the righ~ to revise storm drain desi~1 sho~~ on approved L~prcvement plan~ provided O~mers are given reasonable written n0tice of City.s intention to make revisions. Reimbursement amount will be adjusted by difference between revised storm design and pre- sently appro~led storm design, in accordance with City of Campbell Storm Fee Schedule. (10; It is further agreed to that when called upon 'by City to do so, Owners will execute a petition for the fo~ation of any Dpecial assessment district created pursuant to any special assessment act as provided in the Streets and Higrn'i3.ys Code of the State of California.creat~d for the purpose of' constructing and/or installing a~y or all of the public street improvements herein described .within the rights of way herein mentioned. (11) It is further agreed to that Owners shall partici- pate in and become a part of any special assessment district as described i::'1 par<lg::.aph (10) of this Agreement. It is expressly understood that any obligations of O\.mers contained in this Agreement that are accomplished to the satis- faction of said City Engineer by said special assessment district shall be considered null and void. (12) It .is further agreed to that OWners shall file Vo.ith City, upon execution of this Agx:eernent, a letter, from said Sanitation District No. 4 of Santa Clara CCmlty stating th?t 0\,T}1erS have entered iIlto an agreement wi.th Ithe said Dist.rict No. 4 to install sanit<lry sewers to serve said real' property, and stating that a bond to insure full and ~aithful perform;;lnce of the construction of the s~mi..tary se\"ers md to insure the general gu~~antee as stated below in paragraph (14) has been filed. 4. of 6 . . - B. 459 PACE 97 (13) It is .further agreed to t.'1C:lt Owners shall pay to ~~cific Gas and Electric Company ~ny and all fees required for in~tallation of undergroillld wiring circuit to all electro- liers within said real property. when Owners ar~ notified by either the City Engineer of Cmnpbell or the Pacific Gas and Electric Company ~hat the said fee.s are due and p3yable. . (14) It is further agreed to that Owners shall make such deposits or file such bonds and enter into s\lch agreeme~t as required b~ S~n Jose Water Company when called upon to de so to insure tne installation of a \'later distribution system to serve said real property, including fire hydrant. - (J5) It is further agreed to that any easement and r .l.ght of \'lay within or without said ~eal property necessar~' for ~he coxpletion of the project shall be acquired by OWTlers at their own cost ane expense. It is providad, bO~~7er. that in the event eminent domain proceedings a~e required for the purpose of securing said easement and right of way, Owners shall deposit or cause to be deposited with City a sum cover- ing the r~asonable m~rket value of the lan1 proposed to be taken and to be included in said Sl.:."1'\ shall be 3. reasonable allowance for severance damages. if any. It is fur~her .provided tnat in addition thereto SU~1 sums as may be ~equired for legal fees and costs, engineering and other incidental costs shall be deposited with City. (16) It is further agreec to that ~1ners shall carry out any and all negotiations with all interested parties and shall perform or cause to be performed at their o~n cost and expense and to the satisfaction of the City Engineer a~y and all work requ.ired to abandon, remove, raise, lower. relocate and othe:::- wise modify irrigation line .or lines within the boundary of said real property. . (17) It is further agreed to that the storm drainage area fee in connection with said real property cu"ld in conformance with the requi:.:-emellts established by Section 9110.5 of the Campbell !'lunicipa~ Code is in the amount. of One Hundred Seventy Dollars DOLLARS ($ 170.00 ) . (18) It is furthe~ agreed to that Owners shall inde~~ify and save harmless the City of Campbell. tile City Council and t.;e Ci ty E:1gineer. 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 sustuined or arising in the con~tructiol1 of the on- ,dtc \t,'crk due to any acts, omissions or negligence .of OwneJ~s, their officers, agents, employees or contractors. (19) It is further agreed to that the above-named terms ani! conditions shall bind the heirs, successors, ~Jmini.strators or assigns of Owners. 5 of 6 -, ~ 459. PACE 98 (20l Ihis instrument is and shall be considered to be an ins~rument affecting thp. right, title, interest in or posses- sion of the reul property hereinabove desc~ibed. .. IN WITNESS '~iEREOF, said City has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resClluticn of the City Council, and said Owners. have hereunto caused their ~a~es to be affixed the day and year first above written. ~ =1 &r') .,.. ~ ~ r- ent-' '" 2ci - 0% C ;;':l~ c.... ~ ,,:;:) a; ...0 0 ;;Z ::c= oS'z~ t"'+d ~~? ;- ~ ,.,. 0.... :1::' .... -:!r:> .. C"J ~ ~ ..;,. ~~ () I~"'--. ~ -~ ~~~~~ r-. ~ .\l~ -- ~ '., -- -*'. ....: ~c: 0 . ~,; p, . :. n~ .i-~ .. _ /r .~ r \l .....- B -'-::'.-. .Ji- . -. ~ --- -- . .. _1_ o,:,~,_ ~ '.-' ...... :1) ,..;, . NO FEE CITY OF ~~BELL d~{{y( ~ ~usse J. Hammer k;:'YQr . , . \..~ . ,--<{I.) /.~, /~~~ ... ::;.-:.~ ~. boro JIY Trevethan S~ 't;Y,-~}.e~k .~~ ...... .'..1., .- \~<.>....., .. - OWNERS ' /) ..... " -. v _.. " ". - ~ (}.7 ~ D~ Joseph R. Ducato , , . . (' ,)J!L ( Susan R. , I / ,.../ :) t--~ Ducato '.-- ) / / \ -.--r r STATF OF CALlrO!{'';JA.} B __.._.___Colmt...' of- no Santa Clara _._. IS. 459 fACE 99 Otl tllis__ 23.!E!.--da)' 01-__._ Mav __ v.)/I tilt )'ear one tllousand flint hu"dred and sevej).:t.t..1~y.e__. b f v1l'ginia M. Sheehy 'r r ./. e .'re lIIe, ........ - ,a!. oJlaT}' IttJ :C. Slale of Culifon::'"" dilly cO/llmissiofled otld sworn, /,crsDflo/!y appear..d._..__._._._. .-aIosepb_lL....and-Susan..!L.._Ducato i:. (;(!) C:<.9 C:<.9 ~ (;(!) (;(!) (;(!) C:<.9 (;(!) (;(!) (;(!)(;(!) (;(!) (;(!) (;'" ~ ..) -.:.. OFFICIAL SEAL g ~." '.." 9 G ~~.r;~;~:; VIRGINIA M. SHEEHY G ~ '~<;":::J:' NQTAtlY f'udllC l.Al'tUI/rllA G ~ "..~.-.:; SPNTAClARllCl):,,,ojIV ~ g My Commis~ion Expires Ma:ch 18 1977 ~ ~(,~ uN 1I""t..>;';' ....,..;j(,NU~....,..u"......... .lw~..U:'. ~NlJ,.... ~ Co..-de, }"', Form 1\0. :: 2-Acb.t',":Jed~rncnt-G"Il"r:ll. (C. c. ~ec. lIB'.I) ,,'r.iNrCtl2.IS.c"" :;:.1.30 /wo:.." to m.! to be the l'ersofl..!!-u!lIose tlallli'. are oubscn'bed to tile wit!:in :'lIslnllllcnt alld ac/:1;md~d{;cti to IIIe t!lat...!.Jlc._Y..txecltted the same. IN WITSI}SS WnEREOF I/;a;/t hereunto set my ha,.1.. and affi:red 111)' ofi;:ial s,"al in the .___..sa1~__COI/"ty of Santa Clara. _the day a'IIJ )'~ar ill tilis certificate lirst above turiitrn. ~~ '. . ' / ._-_..~z .~. m CO'-:-~;;;;;;X;:;jii~;;;;;- My C(,mn:l~slon }'.xpm:s_.. (' :0 tf ::;:;c.:;;.,:;:;) VIiT::OUT FEE SEC:ION 6iC3 GC','ERNMENT CODE AT TH:: REQUEST OF CITY OF CAMPBEU - ~ . 459 ,ACEl00 RESOLUTION NO. 3895 CIT'.' OF CAMPi3ELL BEr~NG A RESOLUTION AurHORIZING EXECUTION . 75 NORTH C:::NTRAL AVE. OF JOSEPH R. DUCATO AGREEMENT. .AMPBE-LL.. CALIIFORNIA 95008 WHEREAS, there has been submitted to the City Council by ~oseph R. D~cato and Susan R. Ducato, an agreement for the development of their real property in acc~rd~~ce with prescribed conditions: and wrrERR~E, by the terms of said agreement, and con- currently here\o.'ith they have submitted grant deeds of certain portions of their property for street purposes; NOW, THEREFORE, BE IT RESOLVED by the City Cowlcil that the Mayor be and he is hereby authorized to execute the sai.d agreement on behalf of said City: and BE IT FURTHER RESOLVED that the grant deed submitted in connection therewith be and the same is hereby accepted. PASSED A~~ ADOPTED this 9th . day of June 19 75 , by the follo.....ing vote: AYES: Councilmen: Chamberlin, Doetsch, Paul, Podgorsek, Hammer NOES: Councilmen: None ABSENT: Ccuncilmen: None APPROVED: Russell J. Hammer Mayor ATTEST: , .. . ....., ~ . '" .. ." THE FOREGOING INSTRUMENT IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. " ATTEST. Dorothy Trevethan, City Clerk CITY OF CAMPBELL, CALIFORNIA /.. . . BY "/ r .,"7/_/ ;-rr- / / DATED . . L. /t ;:.,....- Dorothy Trevethal!.' ..~ ;'. ; .~~.. ... .t:i:ty.; Clerk ., ~ ".. . . . , . . " , . ,.. " J - . . " .. ....... .' I .... '. .,' . I ~ ,., '-. '.. .. ..... '. i'or'" No. I - Ur:ginal: for AS5ignea ASSIGNMENT AS SECURITY,- FOR PAYMENT OF .~ll BILLS, STATEMENTS OR CHARGES FOR ANY SERVICF.S ASSIGNMENT to secure payment for offsi te improvements. Joseph R. Ducato and Susan R~ Ducato (NAME) hereinafter called ASSIGNOR, whose principal place of business is San Jose , California, (do) (does) hereby assign and set over to the 15 Hawthorne Way~~ Citv (~PfErSllJ"l1pbell (CIT'!) , whose address is Ci tv Ha.ll (NAME OF ASSIGNEE) (STREET) , California, hereinafter referred to as the ASSIGNEE, all right, title and interest of Campbell (CITY) any kind whatsoever owned or held by Assignor in and to the insured account of Assignor in the Pioneer Federal Savinlrs and Loan Assn ~ , whose address is ..!NAME OF SAVINGS A~O lOA1'l AliSQCIA'!'ION) --1 901 s. m:~.~LO~ venue , liarnpoe .L1, Caiifornia, as evidenced by an arcour.t in the ...~ (STREilJ . (CITY) . amount of _~ i ve It!:'9uSand 1;WO h'mdred dollars ($ 5,200,-00), identified as iJccount number 600025 , which account is delivered by the Assignor to the Assignee. Assignor agrees and stipu- lates that this Assignment cairies with it the right in and to the insurance of this account by the Federai Savings and loan Insurance Corporation and includes and gives the right to the Assignee to redeem, collect, and withdraw the full amount of such account at any time WITHOUT NOTICE TO ASSIGNOR. This Assignment is given as security for the payment of all bills, statements or charges for any services furnished or rendered at any tirn~ from and after May 21 , 19 75 , and at any and all premises at which service has been or may (MONTH) (DA Yl be ordered or contracted for by the Assignor. Assignor hereby notifies the above-named savings and loan association of this Assignment. Dated this 21st day of tv1a , 19..1.5- at Canmbell , California. n. tD /). ~ ~ A VI,- .1--:.(,......, ~~L'" .'. \ ,;sslq~~. I r_~. . // 'V......d. '- J...- (.. r , 1... --------------------------------------------- -------------------------------------. FIRST r::NDORSEW.f:NT - RECEIPT FO~ NOTICE OF ASSIGNMENT Receipt is hereby acknowledged to the Assignee of written notice of Assignment of the above-identified account. We have noted cur records to show the interest of the Assignee in said account. We hereby certify that we have not received any notice of lien, encumbrance, hold, claim, or other obligation against the above-identi- fied account prior to its Assignment to the Assig~ee. We certify that the account is fully insured by the Feder;:;1 Savings and Loan Insurance Corporation. We agree to make payment to the Assignee upon written request in ac- cordance with the sav:ngs and loan laws applicable to this association. Dated this 21st day of May 19.:J.::L at ell, California. , ( '/ i ' rre-en F de all ~~.vings and Loan . i'j E S~.l GSff. lOAN ASSOCIA1ION P .$.fG..)[A P.E OF OFFiCER r'l.~sl~ent TITLE OF OFFICER .---------------------------------------- ---- ------------------------------------- SECOND ENDCRSEMENT - RECEIPT FOR SECURITY AND DIRECTION TO PAY EARNINGS Receipt is acknowledged of the Assignment above and the account identified in the Assignment above. The savings and loan association named in the Assignment above is hereby authorized and directed to pay any eurn- ings on the above-identified account to the above-named Assignor. Dated this ~,d, day of /'/1[7 d , 1975- at _t.&21"i)(:' il J I C)Y-\Q..\V\Q..\ ~ --\0 ~''''o..",~ . r "f') ~ GtrYf/;el/ ;...> 'v ~ ASS ~E to\("" ~S:Q. ~\I ~~ \ I By-.lf~);,,~(' SH'j t'/v 2.1 ~ l~ LC\l By___ , California. L".n loague, i'.$.dllna, C.lifo.ni. - 9/70. R 'E:. ~ C? .T. Q4-) \\ ~" -(-q. - 1 c;. CERTIFfCATE OF DEPOSIT CUAnTER DEPOSITOR G n o. () 4 ) r:- \.1\. t:.J ACCOIJIH NO. DA':"I! r 1 KW 21 ~ 2 3 4 S 6 7 8 9 10 11 12 13 14 WITHDRAWALS INTEREST. O~I'OSITS BALANCE *s,z{J~.oa * 5,200.00 p".n 0;11: AN ADDITIONAL DEPOSIT MAY EXTEND THE MATURITY DATE OF T~!IS CERTIFICATE ACCOUNT. THE NEW MATURITY DATE, INDICATED BY SYMBOLS N M, WILL APPEAR ON THE LINE ABOVE THE LAST DEPOSITED AMOUNT. (!trrtifiratt of Irpostt May 21-1975 This certifies that Joseph R~ Ducato as .1oint tenants DATE 01' ISSUANCE or Susan R~ fr~cato -- has opened a certificate of deposit in the initial principal sum of $ I) 200 ~ 00 _and · he'.' I d' May 21-1981 ad' . . ,or t initiO term en Ing ,as lUsted as to pnnClpal and term from time to time and recorded in this evidence of account in Pio~r Federal Savings and Loan Association, Campbell, c.tifornia, subject to its charter and bylaws, to the Rules and Regulations for the Federal Savings and Loan Syuem. to the Regulations for the Federal Home Loan Bank System. to the laws of the United State. of America, and to the rules established by its board of directors for this deposit classification consistent with said charter, bylaws, rules, regulations and laws. This sum shall bear interest at 7M the rate of _~ % per annum, payllble on Juno 31-1975 and quarterly thereafter, provided the account is not reduced below the minimum amount established by the association to be eligible to receive the stated rate. If the rate or term Or both is adjusted in connection with a change in the account balance, such rate and term shall be as indicated in this evidence of account. .rhis certificate of deposit shall be automatically and successively renewed at the con- clusion of each term at the last applicable rate paid on this certificate and for the minimum term established at that time by the association for this dass of account, except that at least fifteen days prior to a maturlty date the association may give written notice to the depositor that this certificate will be renewed at a different rate and/or a differe.lt term. or will not be renewed and will revert to the status of a regular savings deposit and earn interest at the rate paid on regular savings deposits. In the event of any withdrawal from this acalUnt during the first three months (90 days I of the term, no earnings shall be paid on the amount withdrawn. In the event of any withdrawal thereafter, prior to the conclusion of the tenn. earnings on the amount withdrawn sl\all be peid at the then current rate on regular ac:counu for the period since issuance or renewal of the account, less three months. To the exlant necessary to complV with these rt'quire- menu, deductions shall be made from the a_ withdrawn. In the tMlnt the term of this certificate is e~d by reason of an additional deoosit, tho withdrawal penalty provision applicable durine1be original term will also apply to any with- drawal during the extend~ term. Determination of earnings i.s subject to the Mas established by the association for this c1... of ac:coun t. Issued at Campbell, California. . . ~~ C/1d.. PIONEER FEDERAL SAVINGS AND lOAN ASSOCIATION (AUl HORIZEO SIGNATURE) MEMBER FEDERAL HOME LOAN BANJC:SYSTEM FEDERAL SAVINGS a. LOAN INSURANCE CORPORATION EXHIBIT nAn FI L E" ~lfIItf 312.J31'f~ RECEIVED MAR 27 1995 March 21, 1995 Dear Mr. Robert M. Haray, P.E. Campbell city Engineer, PUBlIL ""'i '. ADMINISTRATIO;,; Re: 1321-1325 Pollard Road, Agreement and Deposit for street Improvements I am in receipt of your letter dated March 1, 1995. In it, you make some statements that are not totally accurate. In 1975, at the time of the Agreement, we were willing and able to construct the street improvements you described. You, as the City of Campbell, were not prepared to have these improvements completed because it would interfere with the then current street design and traffic flow. The planned improvements to my property would be appropriate when the City of Campbell realigned the intersection of Pollard and Burrows Roads. To solve the quandary, we agreed to deposit the cost estimate of the improvements, $5,200 cash, using the City of Campbell and us as joint account holders. In 1985, the City sent a letter advising us to go ahead with the street improvements as agreed. Since the street realignment had not commenced, my ex-husband Joseph Ducato, telephonically inquired, if the City was, in fact, ready for the improvements and resulting street and traffic modifications. The same problem existed, the improvements would interfere with current street design and traffic flow. Since the realignment had not been started, the City advised us to ignore the request. In 1988, I divorced my husband, Joseph Ducato, and obtained full ownership of the Pollard property. In 1990, I initiated a new T-Bill passbook account listing myself and the City of Campbell as joint account holders with two signatures required for withdrawals. Your letter dated March 1, 1995 indicated a 1995 request for street improvements. I did not receive any such letter. However, nothing has changed concerning street realignments and again, the improvements would interfere with current traffic flow. In 1975, I was eager and able to install the much needed street improvements including sidewalks, curbs, gutter, street lights, street trees and pavement widening. The City was not ready. For twenty years, I have not had the benefit of these street improvements nor the use of the $5,200. I am in agreement with you concerning resolving this matter with the City of Campbell to our mutual satisfaction as quickly as possible. To such end, I offer the following proposal to settle the matter: I would release to the City of Campbell the sum of $2,200 and have $3,000 returned to me plus accrued interest. The City would release me of any obligation to construct the street improvements and terminate the Agreement. Absent acceptance of this proposal, I will file with the City Clerk, a claim under the Governmental Claims Act so the matter can be heard by the Campbell city Council. Please contact me at your earliest convenience to discuss your intentions. I can be reached at (408) 287-0353. Thank you for your anticipated prompt attention. sincerely, an) ~&~-;P l. Of' CAlif 4,' ,0<1' ;.. ~ .... r U 1"" '" .. 1- "- (, OI?CHA\l.'O c' CITY OF CAMPBELL City Manager's Office May 9, 1995 Regarding: I/~ ~ ~; ~'t, San Jose, CA 95125 ,ot/. ./ 0 . ~. ~u<'/(' (90A () ~ t~ ~ 1313-1321 Pollard Road, Agreement and Deposit for Street Improve~a.rl-<lk'i ''''''''~)o, 'I '/' '- 04. Mrs, Susan R. Ducato 1000 Carolyn Lane Dear Mrs. Ducato: The City Engineer has advised me that a mutual resolution of the issues has been reached concerning the above referenced Agreement and deposit for street improvements along your Pollard Road frontage. The letter from you, dated March 21, 1995, attached as Exhibit "A", and from the City Engineer, dated March 1, 1995, Exhibit "B", generally summarize our respective positions. To settle this matter, it is mutually agreed as follows: 1. Pioneer Federal Savings and Loan Association shall distribute to the City of Campbell the total amount of $2,200.00 from Certificate of Deposit described as Account No. 600025. The balance of said Certificate of Deposit, which is understood to be approximately $2,800.00 to $3,000.00, shall be distributed to Susan R Ducato. 2. Upon receipt by the City of Campbell of the $2,200.00, the Agreement attached as Exhibit "C" shall be null and void. It is our understanding that you verbally agreed to the settlement as summarized above. Please sign this settlement letter and return the original to the City Engineer. If you have any questions, please call Robert Harary at (408) 866-2150. 70 North First Street. Campbell, California 95008.1423 . TIL 408.866.2125 . FAX 408.374.6889 . TJ)J) 408.866.2790 Mrs. Susan R. Ducat0 May 9, 1995 Page 2 Thank you for your patience and cooperation. ~incerelY, ~ 1fA ~chenlz;;- ~~~k S1nager cc: Robert M. Harary, City Engineer William Seligmann, City Attorney Attachments h:ducato3(mw)6.0 S an R. Ducato roperty Owner \5-J~-95 Date '{u!! R~CORD[D Wm{Ol., .;! '10 Bf C GOVE\.:' :~,;E .,j CODE ~C'ION 6103 .., _'_ r p-..' ''1oc.-''- ..t \, ..r-. A. T T'.':: ,;r-:01' . I . Recording Requested By City of Campbell 70 North First Street Campbell, CA 95008-1423 DOCUMENT: 15665084 Titles: I / Pages: 2 ) III II~ II~ 1111111'lllr I~I ~i ~ III ) Fees. ...+ No Fees ) Taxes. ) ~00156t.5084:a- Copies. AMT PAID ) BRENDA DAVIS ROE tI 010 ) SANTA CLARA COUNTY RECORDER 5/04/2001 ) Recorded at the request of 11: 25 AM Ci ty After Recording Return To: City Clerk City of Campbell 70 North First Street Campbell, CA 95008-1423 NOTICE OF IMPROVEMENT OBLIGATION PLEASE TAKE NOTICE on or about April 17, 2001, the City of Campbell completed construction of certain street improvements on the public right-of-way abutting the real property commonly known as 1321 Pollard Road, Campbell, California (Santa Clara County Assessor's Parcel Number 403-16-064) (hereinafter referred to as the "Subject Property"). The improvements include the installation of concrete curbs, gutters, sidewalks, and driveway approaches along the frontage of the SUBJECT PROPERTY. Pursuant to Campbell Municipal Code Section 11.24.070, subject to certain exceptions, ANYONE SEEKING A PERMIT FOR DEVELOPMENT, SUBDIVISION OR IMPROVEMENT OF THE SUBJECT PROPERTY WHERE THE PROPERTY WILL BE SUBDIVIDED OR AN INCREASE OF THE EXISTING STRUCTURAL SQUARE FOOTAGE IS 50% OR MORE SHALL BE REQUIRED TO REIMBURSE THE CITY OF CAMPBELL FOR THE COST OF INSTALLING THE IMPROVEMENTS. THE PRINCIPAL AMOUNT OF THE REIMBURSEMENT OBLIGATION IS FOUR THOUSAND SEVEN HUNDRED THIRTY-FOUR DOLLARS THIRTY-THREE CENTS ($4,734.33). Payment of the aforementioned sum does not relieve you of al!y obligation to install additional improvements as may be required by an ordinance or condition of permit approval. Dated: ~ /-f; .;2 t:?tJ' / ~~ --- Robert Kass, Public Works Director City of Campbell (Attach Notary Acknowledgment) j :\drawings\9802-p2c\burrows\nio\filed _nia _final TRACT N.o~9'CE RINCDNA,.' GARDENS Of CO.;NTY ASSESSOR S'" NT'" CLARA CO.. .. T Y . ST. VACATION. 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MetroScan / Santa Clara Owner :Serrano Vience & Susan R Trustee Site :1321 Pollard Rd Campbell 95008 Mail :1321 Pollard Rd Campbell Ca 95008 Use :02 Res,Duplex Bedrm: Bath: TotRm: YB:1975 pool:No (CA) Parc-=l Xfered Price Phone BldgSF: 3,139 .----------------* :403 16 064 : 11130/2001 Information compiledfrom various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in tlzis report. Ac: .17 TO: City Clerk PUBLIC WORKS FILE NO, $ PUBLIC WORKS DEPARTMENT ~.. Effective July 1, 1994 monies: 2203 2203 2203 2203 ** 3372 2203 3372 ** 2203 3373 3373 * 3370 ($546) $166 (R-1, $1,950) (Multi-Res. $2,142) All Other, $2,340 ~u~. ODI/ ~) 0 Posta e 1/ $~~ NAME OF APPLICANT ~;//'f/L/A.Ij" / ADDRESS // PHONE POR CITY CLERK ONLY RECEIVED BY DATE ~<, I - RECEIVED M~~ , 71995 err'l CLE.RK'S OFf\CE *For Plan Check and Cash Deposits, send yellow copy to Finance. ** Actual Cost Plus 20% Overhead (Non - interest bearing deposit) h:recptfrm. wk3(mp) .:, ~ ;f.'lel =-:.] ;;II.: I ~... or.rel'] ,,,,::1 ~ I": '.l-......h{.] 11[.]:;1 ::loll :"lel ~(c'I :[.r'l ~ 10..] ~ "','1: '1.:::tI :,1., ~::I: · [ ..&- J ,~9~A~ !s~R~~l~s.~f~~~~ ~..'" Home Office: 20 O'Farrell Street San Francisco, Ca 94108 61- 1ron(:'J7~O. 1::l v ~ i'-J~.'-" DATE 15 MAY 95 PAY **2,200 DOLLARS AND 00 CENTS** TO THE ORDER OF ***CITY OF CAMPBELL*** FIRST !NTERSTATE BANK l TO. LOS ANGELES CALIFORNIA 1-1 I ':I=lII:"~~~1J[.l::llii_lllw".~~I''''~IIII::a(.:A'J''1'''._ 220 HO\lE FEDERAL SA Vl:\GS ~A?~ AUTHORIZED SIGNATURElS) RE:ASSIGNMENT OF ACCOUNT NO 22-01-62 SUSAN R DUC;:HO issued b:: American Express Travel Related Services Compan:i inc. Englewood Colorado . 'j.3"'~ ~ .: . 2 20 3 7 . 7 ..: b. III 3 b 0 5 7 SO 3 ~ 3111 DET4CH BEFORE DEPOSITING .,'.. :I:I:I:I:I::lI~I"=-~I.I~I=I::I: .1~":'U:ll.(.I~ 15 i....iA'.{ r'2.'-./ee: AMOUNT r .- - -. .- .~':':".:i...&'~_'. '''::;,' if i i "Ii j 1'\ .... "" 1'. "- "! i..... .~..~ . .~. '. I ***CITV OF CAMPBELL*** RE:ASSIGNMENT OF AC:CDUNT i\liJ .- - -, .- ~~-Ul-b= SUSAi\ F' DUCAT!] ..- '. . 02'::.C',-1D t 1. Dn ~ 2000 LiP .-........ ..:;j / '+ Check 1-=t~ 00000:360575.):34 !v tJ()(. :/10 Vt 3tJl. r r. l~ A, / /{l'1.~... .. Y:ItLU y~ jJt2{~ . ~J JJtW-L /J~/'.... J2L/Ui:L , . "..71-/.. ,U,L.- ~u . ~/.' ' . :10.. ..?0 (;i~~, y~. ..-l..~;:. V ~ 1..../.. 9't,.... I' /J~ I. _ . .../I?~ ~/):::O-5- ~~G-j .. /~zz/v J w~ ,0teC/df- (2 ~r~u1-LJ . ;//KJ .-s1;tLU.:kfJl . ~ r~ ~~(/. ,/' h ( .. 7'" .', .. . .' (C'-~ . ~,/ / ~. -'r-/ tloL , ,/ . / ..- ~f7'f"f~ . 95 /~'5 . /ut g'7t)353 Sue. ~'-G-7V ) ~41N Ave: p~ V?:1s~ C!..-.4- Cj G I ';;S March 21, 1995 RECEIVED MAR 27 1995 Dear Mr. Robert M. Haray, P.E. Campbell City Engineer, PUBll\.. YY,. ADMINISTRA TIO;~ Re: 1321-1325 Pollard Road, Agreement and Deposit for str.ee~. ,. Improvements ,. ,~ ,J ./~ r / ;)':1 f1:/,(W {i I am in receipt of your letter dated March 1, 1995.jIn it, you make some statements that are not totally accurate. In 1975, at the time of the Agreement, we were willing and able to construct the street improvements you described. You, as the City of Campbell, were not prepare~to have these improvements completed because it would tntertei' with the then current street design and traffic flow. The~~d improvements to my property would be appropriate when the City of campbell_ realigned the intersection of Pollard and Burrow~ Roadso ? ...........--------~ To solve the quandary, we agreed to deposit the cost estimate of the improvements, $5,200 cash, using the City of Campbell and us as joint account holders. In 1985, the City sent a letter advising us to go ahead with the street improvements as agreed. Since the street realignment had not commenced, my ex-husband Joseph Ducato, telephonically inquired, if the City was, in fact, ready for the improv~a---,- 7 and resulting street and traffic modifications. The sam~~ existed, the improvements would interfere with current street design and traffic flow. Since the realignment had not been started, the City advised us to ignore the request. In 1988, I divorced my husband, Joseph Ducato, and obtained full /? ownership of the Pollard property. In 1990, I initiated a new ~ T-Bill passbook account listing myself and the City of Campbell as joint account holders with two signatures required for 1 \ withdrawals. / .~~ ~~\ Your letter dated March 1, 1995 indicated a 1995 request/lfor street improvements. I did not receive any such letter . 'However , nothing has changed concerning street realignments and again, the improvements would~terfere w~th current traffic flow. _ /,/'.'. "----....----..-. .., ~~/ . ,./~ In 1975, I(wa~eager and able to J.nstall the much/needed street improvemenes-/including sidewalks, curbs, gutter,(~treet lights, street trees and pavement widening. The City.~_tiO~ ready. For twenty years, I have not had the benefi\ of thes7 street improvements nor the use of the $5,200. \ ( j I""~ i~ I am in agreement with you concerning resolving this matter with the City of Campbell to our mutual satisfaction as quickly as possible. To such end, I offer the following proposal to settle the matter: I would release to the City of campbell the sum of $2,200 and have $3,000 returned to me plus accrued interest. The City would release me of any obligation to construct the street improvements and terminate the Agreement. Absent acceptance of this proposal, I will file with the City Clerk, a claim under the Governmental Claims Act so the matter can be heard by the Campbell city council. Please contact me at your earliest convenience to discuss your intentions. I can be reached at (408) 287-0353. Thank you for your anticipated prompt attention. Sincerely, .. Man) (is '?i;;J; L -p'rr"()1 < <,J--r - ~. -.-,.J 0.- (,;i('~f'>..d ,. ~ ~:,--,~d, ---. _ H$.1O td - P--e..r MY ~v-€f5~mWI~~ 1$,'/1 ~'y/Y)qf\f\ n,~/ P~.$.e p~ re-s(Jo(}.LQ I eJ-k.r- bacJC- f-D ;rlI'I. DcJc..,,~ 5' ml1f\.j' .. A) H~ frofJ05Cd I~) C,(~ tu us" e,) f-{a...re h~ wo-id,(\Ak ~AJ +N<. S()1"\t{ t-v.e.J CU\ d. ~'rq OV\ ;;" eoo ~ t--h bul~) 4.(\ d. ~ ; G) ("J e.. 1 11 vv~ d. o-..)+-- +~ de ,(:U'f€- d. ~ I-re-ai- i'M{Jro ~t ~ ~+ - -r~1(.5 - BoB J-I 3/2S /9] 1.1 MEMORANDUM CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT Bill Seligmann City Attorney FROM: Robert Harary, City Engineer '/ftlr/I!t . Cruz S. Gomez, Assistant Engineere66:1 TO: DATE: January 23, 1995 VIA: Robert Kass, Public Works Director SUBJECT: 1313-1321 Pollard Road, Ducato Street Improvement Agreement As you discussed with the City Engineer on January 18, 1995, we are enclosing a copy of a letter from Mrs, Susan Ducato, dated January 6, 1995, a copy of an Agreement between Joseph R. and Susan R. Ducato and the City, dated May 23, 1975, and a copy of a Certificate of Deposit (CD) which the Ducatos posted as a bond in lieu of constructing street improvements at the above address. The letter requested that the CD in the amount of $5,200, the plan examination and construction inspection fee in the amount of $183, and the storm drainage area fee in the amount of $170 be refunded due to the fact that the City did not enforce construction of the improvements for almost 20 years. Staff believes that the latter two fees should not be reimbursed under any circumstances. The Public Works Department still wants to have the public improvements constructed at this location. However, the amount of the CD would not cover the estimated cost of the improvement at today's prices. We also need to know what our limitations are with respect to being able to enforce the conditions of this 20 year old agreement now or in the future. The Agreement does not include a termination clause. In addition, Item #10 in the Agreement refers to a possible future special assessment district, It is not clear if the City could release the CD and still not terminate this agreement for a possible future assessment district formation, or if releasing the CD dismisses all terms of the entire Agreement. Please review and comment, Your comments are very important in that we likely have other similar cases in the City. Perhaps we could also discuss this at one of your Tuesday visits. h: 13l3pollard(mp) [6] From: RobertH 1/5/95 3:57PM (1777 bytes: 30 In) To: BobK, ChuckG cc: RobertH Subject: 1315 Pollard Road - Ducato ------------------------------- Message Contents ------------------------------- Bob K and Chuck: I just spoke to Mrs. Ducato about her request to be released of the bond (actually a certificate of deposit) and the street improvement agreement dated May 1975. She is requesting this now because she needs the money. She does not intend to sell the property. She has already spoken to her attorney who advised her that the Agreement is not enforceable due to the 20 year age, and that there is no way she is going to actually construct the street improvements. I told her that we mutually wish to end this issue at this time. I requested that she write us a letter to my attention re: this request. She was hesitant to write the letter but said that she would do it. I advised her that we had reviewed the files, discussed this unique issue with the PW Director, and that the next step would be to show her letter request and the agreement to the City Attorney. Told her that the City(~oes wish to have the improvements constructed, and that they should have been done 20 years ago; however, we are not in a position to approve her request to be relieved of the bond until we get a legal opinion of the enforceability of the agreement. Suggested that if the City determines to release them, then it ends the issue, and if the City requires to construct the improvements, we will "cross that bridge if we get there". [36] From: RobertH 1/4/95 1:57PM (2434 bytes: 39 In) To: ChuckG cc: BobK, RobertH SUbject: Re: 1315 POLLARD ROAD _______________________________ Message Contents ------------------------------- Mrs. Susan Ducato, 287-0353, has requested that a faithful performance bond and an agreement that she and her husband entered into with the City for construction of street improvements be released. The bond and agreement have been in existance since May 23, 1975. I don't know of any reason why we should release them and I do not know why we did not require that the improvements be constructed when the improvements were constructed just east of this site. Can we, should we include them to our Pollard Road CIP project? Please advise me. Mrs. Ducato will call me back tomorrow for a response to her request. Chuckg Chuck: I don't see why you sent this to Steve P and curtis B, unless there is more to this story than what is stated above. I hope the Ducatos don't have a good attorney. It seems to me the city's purpose of having the bond in the first place was to have a guarantee that the improvements would be constructed by the applicant, or by other forces under the direction of the City in a fairly timely manner, using the money from the bond. If the City hasn't required them to do the improvements or do the work ourselves at the expense of the bond in almost 20 years, I'd be skeptical that we could continue to hold their bond, but maybe we can. I wonder if the bonding company is still in existence or if the bond is still valid. Please show me whatever plans we have for this site and the agreement with the Ducatos. I'd like to review before we make any decision on merging these improvements in with the possible Pollard Road CIP project, which in itself has many unknowns and potential problems. We should then make a recommendation to Bob K before we call the Ducatos back. Thanks. Bob H L. 0 hl)l\.$ ~ ~~-t~~~-4- ;:- 7 G.u. ~ ~ ~1(Y"'~ ~f1;veJ'f re.~ l.. eY!: Q'l'\. c.. W rvt o~ bo/"\d. t et.<Jf.- ..1 -LJ. M.....J l.I'( 1Hf-o( ~ _ we.. lI.IIr\ l""-"U- - vve ~'JwS.ll~ ""/ pw Dtr~ .fell 5tUJ met n(l- ~ C/M'+ ~e>-e r.~'D~h - b ~ Uvr-- v.A .e.r-+oNJl "? H ~ I ~ L/ YeP--rS, ~~I ~4~r( '....CEIV~D ~ HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN FRANCISCO JM~ 0 ~( b:J I Public Worlu/Engineering January 4, 1991 SECOND NOTIFICATION Ms. Sue Ducato 1321 Pollard Road Campbell, CA 95008 Re: Secure payments for off site improvements Dear Ms. Ducato: Per my letter dated October 11, 1990, I had indicated that in order to assign your account 22-01-62 as security payment for off site improvements to the City of Campbell, the title on the account must be corrected. The City of Campbell will accept your account as security if you meet one of the following three requirements. 1) Named "City of Campbell and Sue Ducato" as joint accountholder with two signature required for withdrawals. 2) Named "City of Campbell" as accountholder with right to withdrawal any time upon presentation of a demand letter. 3) Establish an Irrevocable Letter of Credit in favor of the City of Campbell granting them the right to withdraw any time upon presentation of a demand letter. Mr. Gregg Eaton, Public Works Inspector for the City of Campbell, is planning to refer the case to the City Attorney if he doesn't hear from you. Please contact Mr. Eaton at (408) 866-2150 to discuss your intentions on this matter. I can be reached at (800) 955-4560 Ext. 512. Thank you for your prompt attention. Sincerely, ./" ~~ Kin Wong Operations Specialist Chief Security Offic~r cc: Keith P. Colson, Chief Savings Officer Berit Parker, Santa Clara Branch Manager Gregg Eaton, Public Works Inspector 20 O'FARRELL STREET SAN FRANCISCO, CALIFORNIA 94108 (415) 982-4560 . HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN FRANCISCO I.CIIVID OCT 1 ~ 1890 Public WorkJ/i"lIin..rinl October 11, 1990 Ms. Sue Ducato 1321 Pollard Road Campbell, CA 95008 Re: Secure payments for off site improvements Dear Ms. Ducato: Per your request, we had forwarded your T -Bill passbook to the City of Campbell. However, the City of Campbell had returned the passbook back to us and indicated that the title on the account is not acceptable. We had contacted the Public Works Department of the City of Campbell for guidelines. They indicated that in order to assign your account 22-01-62 as security payment for offsite improvements to the City of Campbell, the title on the account must be corrected. The City of Campbell will accept your account as security if you meet one of the following three requirements. 1) Named "City of Campbell and Sue Ducato" as joint accountholder with two signature required for withdrawals. 2) Named "City of Campbell" as accountholder with right to withdrawal any time upon presentation of a demand letter. 3) Establish an Irrevocable Letter of Credit in favor of the City of Campbell granting them the right to withdraw any time upon presentation of a demand letter. Please contact me at your earliest convenience to discuss your intentions on this matter. I can be reached at (800) 955-4560 Ext. 512. Thank you for your prompt attention. Sincerely, ~p;l~ Kin Wong Operations Specia1i~t Chief Security Officer " cc: Keith P. Colson, Chief Savings Officer Berit Parker, Santa Clara Branch Manager Gregg Eaton, Public Works Inspector 20 O'FARRELL STREET SAN FRANCISCO, CALIFORNIA 94108 (415) 982-4560 ( Clrry Of CJ\W~ajjU~lf 70 NORTH FIRST STREET C AMP BEL L, C A L I FOR N I A 9 5 0 0 8 (408) 866-2100 FAX # (408) 379-2572 f;i w..... Department: Public Works July 23, 1990 Mr. Juan Rodriquez Home Federal savings and Loan Association of San Francisco 2730 Homestead Road Santa Clara, CA. 95051 Re: Sue Ducato - 1321 Pollard Rd. Dear Mr. Rodriquez: Per our phone conversation of July 19th the passbook that was sent to the City regarding the above referenced account is not acceptable. The accountholder should be listed as **The City of Campbell**. Therefore, please forward a signature card to Mr. Bill M. Helms, Engineering Manager at the above address. Should you have any questions or require additional information please contact me at 866-2150. Sincerely, Gregg Eaton Public Works Inspector cc: Helms Penoyer File Enclosures A>1321pollard ~ HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN FRANCISCO 2730 Homestead Road Santa Clara, California 95051 (408) 984-2970 June 27,1990 Gentlemen: As per our instructions regarding street improvement at 1321 Pollard Rd. Enclosed is passbook that replaces the previously held bond. If you should have any questions don't hesitate to contact us. ~Za Y01Y?, ,~/. C. / ~--~/ ~Z5L~ / uan Rodriguez Teller Supervis RECiiIV~Z) JUN 2 H 199U Public Works/Engineering ( I' CITY OF CAMPBELL 75 NORTH CENTRAL AVENUE C AMP BEL L, C A L I FOR N I A 9 5 0 0 8 (408) 378-8141 Department: Public Works January 30. 1985 Joseph R. Ducato and Susan R. Ducato 1323 Pollard Rd. Campbell, CA 95008 RE: Tract 311. Lot 32 1315 Pollard Road S.T. (14). S 74-16 Dear Mr. and Mrs. Ducato: In accordance with that agreement entered into between you and the City of Campbell. you are hereby notified to provide and construct and/or install public street improvements across the frontage of your referenced property on Pollard Road. This work must be completed within twelve months of this date. Please contact this office prior to beginning work on the preparation of construction plans. We have lines and grades already set for this frontage. Feel free to contact the undersigned if there are any questions. Very truly yours. Joseph Elliott Director of Public Works i ~()r;~~' David N. Valkenaar Associate Civil Engineer DNV: 1 j ( \.. CITY OF CAMPBELL 75 NORTH CENTRAL AVENUE C AMP BEL L, C A L I FOR N I A 9 5 0 0 8 (408) 378-8141 Department: Pub 1 i c Works January 30, 1985 Joseph R. Ducato and Susan R. Ducato 6913 Lenwood Way San Jose, CA 95120 RE: Tract 311, Lot 32 1315 Pollard Road S.T. (14), S 74-16 ELLIOTT ~ HANDLING HELfAS RETURN 10_ DISCARD DIAZ FILE CASE Dear Mr. and Mrs. Ducato: In accordance with that agreement entered into between you and the City of Campbell, you are hereby notified to provide and construct and/or install public street improvements across the frontage of your referenced property on Pollard Road. This work must be completed within twelve months of this date. Please contact this office prior to beginning work on the preparation of construction plans. We have lines and grades already set for this frontage. Feel free to contact the undersigned if there are any questions. Very truly yours, Joseph Elliott Director of Public Works (jAW David N. Valkenaar Associate Civil Engineer DNV: 1 j '\ - / MEMORANDUM W' 0\ C4^-tPa ~' -. ~ . . 0.......0 _ ,....- * . '<:..' * ~, . <;[ ',,~ l Yf' 0 I; C p..CI' s~ l\-L\ ') 6L~, CITY OF CAMPBELL To: Honorable City Council Date: April 18, 1979 From: ~seph Ell iott ~~Irector of Public Works Subject: Oral Request from Joe Ducato regarding Property on Pollard Road ---------------------------------------------------------- At the City Council meeting of April 9, 1979, under Oral Requests, Mr. Joe Ducato of 6913 lenwood Way, San Jose, advised the Council about property which he owns on Pollard Road within the City of Campbell. He stated that West Valley Construction Company had been working in the area and had dug a trench across the front of his property for the telephone company. In the course of this work, a considerable amount of crushed granite had been left in front of his property. He further stated that he had attempted to resolve this unsightly problem through our Pub! ic Works Department, but had been unable to get the problem cleared up to his satisfaction. This matter was referred to me with a further request that Council be advised of the status of this problem. The contractor has since been contacted and all cleanup work has been accomplished to the satisfaction of Mr. Ducato. Mr. Ducato has also indicated that he is pleased with the corrections and extends his thanks to the Council and Public Works Department. JE/tp I ,/ ./ Co .l: .. .. I RESOLtJl'ION NO. BEING A RESOLtJl'ION AtJl'HORIZING EXECtJl'ION OF JOSEPH R. DUCATO AGREEMENT. WHEREAS, there has been submitted to the City Council by Joseph R. Ducato and Susan R. Ducato, an agreement for the development of their real property in accordance with prescribed conditions: and WHEREAS, by the terms of said agreement, and con- currently herewith they have submitted grant deeds of certain portions of their property for street purposes: NOW, THEREFORE, BE IT RESOLVED by the City Council that the Mayor be and he is hereby authorized to execute the said agreement on behalf of said City: and BE IT FURTHER RESOLVED that the grant deed submitted in connection therewith be and the same is hereby accepted. PASSED AND ADOPTED this day of , 19 , by the following vote: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: APPROVED: Mayor ATTEST: City Clerk A G R E E MEN T --------- WITNESSE'rH: WHEREAS, Owners did heretofore apply to City for "s" approval construct a building upon property described by that certain Deed recorded March 17 , 19-12-, and filed in Book--E32~of Official Records at page~~7 of the County Recorder of the County of Santa Clara, State of California, which property is hereinafter referred to as "said real property"; and, on June 14 ,19 74 in order to that certain real Individual Joint Tenancy WHEREAS, at its regular meeting held July 18 19~, said City did consider said application and grant approval thereon subject to certain conditions thereof as tained in the approval therefor known as "s" 74-16 , i,ts oon- NOW, THEREFORE, IT IS MUTUALLY AGREED TO by and between the parties hereto as follows, to wit: (1) It is agreed to that Owners are required to prepare and/or cause to be prepared a parcel map based upon a field survey and/or record data in accordance with the provi- sions of the Subdivision Map Act of the State of California, which parcel map shall be prepared by a licensed land surveyor or registered civil engineer and which map shall be submitted to the City Engineer of City for examination, approval and recordation within thirty (30) days from the date hereof. It is further agreed to that if Owners choose to, or are required to, submit a parcel map, Owners shall pay City the sum of____ Seventy Six DOL~.RS ($76.00 ) for the examination of the tentative and final parcel map. (2) It is further agreed to that Owners shall provide, construct and/or install at their own proper cost and expense upon Pollard Road throughout the frontage of said real property public street improvements consisting of, but not limited to, the following: 1 of 6 FIRST: Provide and construct City of Campbell standard curb and gutter, sidewalk and driveway approaches, consisting of Portland Cement Concrete, as shown upon the improvement plans for said real property approved by the City Engineer of city. SECOND: Provide and construct City of Campbell standard pavement structures consisting of untreated crushed rock base course and asphaltic concrete surface course or approved equivalent in accordance with said approved improvement plans. THIRD: Grade said real property in accordance with approved building plans. FOURTH: Provide and install City of Campbell standard electrical underground conduits with conductors and junction boxes, all as shown upon said plans and as approved by said City Engineer. FIFTH: Provide and install or cause to be installed a water distribution system, to serve said real property as shown upon said plans. SIXTH: Provide and install a sanitary sewerage system to serve said real property as shown upon said plans. SEVENTH: Provide and install an underground electrical energy system and an underground telephone system to serve said real property. EIGHTH: Provide and plant street trees of a variety and size as shown upon the plans and as approved by said City Engineer. 2 of 6 (3) 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. (4) It is further agreed to that all of said improvements shall be constructed and/or installed within twelve (12) montps 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, 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 instal~ said improvements and recover the full cost and expense thereof from Owners. (5) 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 submitted to City Engineer of City for his 'examination and approval and which plans shall be submitted to City Engineer when O~~ers are so notifie~ by said City Engineer. . (6) It is further agreed to that the construction work of the improvements embraced byothis Agreement shall be done in accordance with the Standard Specifications of the Depart- ment 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. WHEREVER the word "State" or words "Division of Highways" are mentioned in the State Specifications, it shall be consi- dered 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. (7) It. is further agreed to that Owners shall deposit with City, when called upon to do so for office exa- mination of improvement plans, field inspection of construction of improvement~ and all necessary expenses incurred by City in connection with said improvements and all necessary expenses 3 of 6 incurred by City in connection with said real property the sum of One Hundred Eighty Three DOLLARS ($ 183.00 ). (8) It is further agreed to that Owners shall file with City, upon execution of this Agreement, a bond in the amount of Five Thousand Two Hundred DOLLARS ($5,200.00 ) to insure full and faithful performanc~ of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distribution system. Said bond 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 bond shall remain in full .force and effect until one (1) year after date of final acceptance of said improvements. (9) It is further agreed to that 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 pre- sently approved storm design, in accordance with CityofCampbell Storm Fee Schedule. (10) 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 ,creat~d for the purpose of constructing and/or installing any or all of the public street improvements herein described within the rights of way herein mentioned. (11) It is further agreed to that Owners shall partici- pate in and become a part of any special assessment district as described in paragraph (10) of this Agreement. It is expressly understood that any obligations of Owners contained in this Agreement that are accomplished to the satis- faction of said City Engineer by said special assessment district shall be considered null and void. (12) It is further agreed to that Owners shall file with City, upon execution of this Agreement, a letter, from said Sanitation District No. 4 of Sill1ta Clara County stating that O~1ers have entered into an agreement with the said District No. 4 to install sanitary sewers to serve said real property, and stating that a bond to insure full and faithful performance of the construction of the sanixary sewers and to insure the general guarantee as stated below in paragraph (14) has been filed. 4 of 6 (13) It is ,further agreed to that Owners shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground wiring circuit to all electro- liers 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. . (14) 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, including fire hydrant. (15) It is further agreed to that 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 cover- ing 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. (16) It is further agreed to that Owners shall carry out any and all negotiations with all interested parties and shall perform or cause to be performed at tbeir own cost and expense and to the satisfaction of the City Engineer any and all work required to abandon, remove, raise, lower, relocate and other- wise modify irrigation line or lines within the boundary of said real property. (17) 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 One Hundred Seventy Dollars DOLLARS ($ 170.00 ) . (18) 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. (19) It is further agreed to that the above-named terms and cond i tions shall bind the heirs, successors, administra.tors or assigns of Owners. 5 of 6 ., (20) Ihis instrument is and shall be considex.ed 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 Mayor City Clerk OWNERS ~ 0(' ,.j OZ~-A/ ~/h ~ ~ [)~ Joseph R. Ducato .--.-" ') () .'f / ~ '~ ... ... " ~/ . I~ (-/,:",rj- .' usan R. Duc~to L/ STATE OF CALIFORNIA, I ..'___'m'__'.....u/,,~ol~nly ~3ra:~'~~'~..~,~.~:1a,.,........--.m,--.'..'.--,... ss.., " , seventy-five O~l thlS..,__",.....,..,m...m,.m.day 0 f..m.....m....y'.'..--:hm------.."--.--...,...'..'.vi~l~raol:ki ,I hrshel~hyle hund I ed alld..'m..'__..'m..'.'...__'..:'m'..':.',..;'~;;;:;~; bef,'re 11/e, ___........'m'....__m__'mmmmm'.....___....'.mm..'m...m..'...................m'.............u..., a IVota. ) . , Slate of California, d;.ly cOnlmissiol:ed and sworn, pers01lGlly appeal'er!....,...................,...__.....,..., ..,"""',..,",..,',...."..,.;rg9,~p.h.,.R,:...,~9",~~~".~:,,..~~~~~.."m..........."',..m'......m.."m"...."..,. known to me to be the person'8u..wllOse namem....~,em,.m,..subscribed to the 'wilhin instmllle/lt and acknowledged 10 me thaL,t..I1e,.Y:mexccllted the same. IN lFITNESS WHEREOF I have hereunto set my hand and affi:red my official sea! in the .........,....sa.id....u..........County of-...mJ3aJJ..t.~L.g!.~_~...._...,....the day and year ill thi.r certificate first abo.vc written, Cowdt'ry's Form No. 32-Acknowlcdgment-General. (C. C. Sec. 1189) (PRINTED 2,15.65) 52.'".30 ...",.".,""',.,:~z-' !r.U;v-.&2-,L~~~yp-;;;;ii;m ~{y Commission E 'res,...__.._..m....m.....m......._.m.._....'........ ate of California. Fornl No.1 - Original: for AssignGl} ASSIGNMENT AS SECURITY FOR Pi" YMENT Of All BilLS, Sl'A'fEM.ENTS OR CHARGES FOR ANY SERViCF.S ASSIGNMENT to 3ecure.._paYl~I:~nt for offsl te improvement_~_~ ____ Joseph R. Ducato and Susan :Ft~ .Ducato ___, (NAME) . ' hereinafter called ASSIGNOR, whose principal piace of business is _J5 Ha\'lthorne \'Ia.1L:fI:2sJ.~ San _J ose , California. (do) (doe:;) hereby assign and set over to the C1 ty (SO?ErS8.mp~~Jl _ (Cim , whose address is Cl tv He.ll (NAME OF ASSIGNEE) (STREED _, California, hereinafter referred to as the ASSIGNEE, all right, title and interest of Campbell (CITY) any kind whatsoever owned or held by Assignor in and to the insured account of Assignor in the Pioneer Federal SaviniL's and Loan Assn~ , whose address is (NAME OF SAVINGS AlJ';) I.OA~ A~SQCIA"!"ION) ---1g0l-.S~g_s...c_QnL.AYJ~n..JJ.~, l,;ampoe.il, Caiifornia, as evidenced by 5n accour.t in troe '\'~. (STREfD d '. (CITY) . amount of ._j ~ v~ vr&_~.sc.n "cwo h'.ll1dred dollars ($ 5,200 !'l,OO ), identHied as uccount number 600025 '. which account is delivered by the Assignor to the Assignee. Assignor agrees and stipu- lates that this P.ssignment carries with it the right in and to the insurance of this account by the Federal Savings and Loan Insurance Corporation and includes and gives the right to the Assignee to redeem, collect, and withdraw the full amount of such account at any time WITHOUT NOTICE TO ASSIGNOR. This Assignment is given as security for the payment of all bills, statements or charges for any services furnished or rendered at any t!rn~ from end after !1a.y 21 , 19 75 , and at any and all premises at which service has been 01" m.)y (MONTH) (DAY) be ordered or contracted for by the Assignor. Assignor hereby notifies the above-named savings and loan association of this Assignment. Dated this _?l~J!_ day of tv1av , 19_--15- at Campbell , California, .1~ Qi~ {J~~_,__.:__ I . ,'. \ (.sS1C:;NO~. !"./ " x')'/ 7i~. I . l~ \,J___i..f.. C I..-~- (.;. 'A.. r , FIRST ENDOilSEN'.ENT - RECEIPT FOR NOTICE OF ASSIGNMENl' Receipt is hereby acknowledged to the AS5ignee of written notice of Assignment of the above-identified account. We have noted our records to show the interest of the Assignee in said account. We hereby certify the:t we have not received any notice of lien, encumbrance, hold, claim, or other obligation against the above-identi- fied account prior to its Assignment to the Assignee. We certify that the account is fully insured by the Federal Savings and Loan Insurance Corporation. We agree to make payment to the Assignee upon written request in ac- cordance with the sav:ngs and loan laws applicable to this association. Dated this _21st day of May , 19n.. at CaIppl1el1 f California, r~/I I rreer.~~g~l1El,~Qj?~.iin!2;S and IJoan , L~ E Stf/'.l GSAN lOAN ASSOCIA110N ~' ,.I{._ PI' ,;r~hlp.E OF OFFiCER ~- ~\.~C'! ~ TITlE OF OFFICER SECOND ENDOR~EMENT - RECEIPT FOR SECURITY AND DIRECTiON TO PAY EARNINGS Receipt is acknowledged of the Assignment above and the account identified in the Assignment above. The savings and loan association named in the Assignment above is hereby authorized and directed to pay any eum- ings on the above-identified account to the above-named Assignor. Dated this _e.:.~,--d..._ day of _..Lfla..d , 19:zs:::.... at _G....~Ylls1i~ J I C)'t"\G..\V\Q..\~ --\0 ~\V\o.V\,--<z - . rt+~ t"(- (>'~Jf-jx,-II -J 'v ~ . 1~.(G}!:E ~\("" ~~ ---\" V\.~ \ ( By-1f~~U{' S~.A-.t/t..., 2.1 ~ l~ LC\l By_____ , California. lo~n lO~9ue. Pasadena. C.liforni. - 9/70. R~ ~ ~ .T. Q4:) "s" -(-q.-l~ end term from time to time and recorded in this evidence of account in Pioneer Federal Savings and Loan Associatkln, Campbell, California, subject to its charter and bylaws, to the Rules and Regulations for the Federal Savings and Loan Sy~tem, to the Regulations for the Federal Home Loan Bank System, to the laws of the United State; of America, and to the rules established by its board of directors for this deposit classification consIstent with said charter, bylaws, rules, regulations and laws. This sum shall bear interest at 7.lot the rate of _~ % per annum, payable on Juno 31-1975 and ,~ ',j ~ I ~ ;1 ) i S ;; 1 ~ i I ~ I ~ ~. ij I ~ Pi ~ :'.1 ~ , I I ~ ~ i ~ ~ ~ ~ ~ ':': ~ ~ ~ I M. ~ 11 I ii :~" rl ~ ~ !il ~ %1 ~ ! CERTIFICATE OF DEPOSIT CUAnTER DEPOSITOR G~ (l l') () 4) r:' ,J \" . hi J ACCOUNT NO. PA,'E WITHDRAWALS ''''TEREST. Of~OS'TS BALANCE F" 1 r,;\Y21~ 2 3 4 S 6 7 8 9 10 11 12 13 14 1:s,Z()~.oa * S.200.00-rr~ AN ADDITIONAL DEPOSIT MAY EXTEND THE MATURITY DATE OF T~!IS CERTIFICATE ACCOUNT, THE NEW MATURITY DATE, INDICATED BY SYM80LS N M, WILL APPEAR ON THE LINE ABOVE THE LAST DEPOSITED AMOUNT. Ottrtifitntt of IItpollit Ma}!: 21-19'75 DATE OF ISSUANCE This certifies that Joseph R~ Ducato as ioint tenants or Susan R ~ DU.cato has opened a certificate of deposit in the initial principal sum of $ 5 200 ~ 00 __and f he... I d. May 21-1981 ad' ed .. I .or t IOItl8 term en 109 . as just, as to prmGlpa quarterly thereafter, provided the account is not reduced below the minimum amount established by the association to be eligible to receive the stated rate. If the rate or term or both is adjusted in connection with a change in the account balance, such rate and term shall be as indicated in this evidence of account. This certificate of deposit shall be automatically and successively renewed at the con. elusion of each term at the last applicable rate paid on this certificate and for the minimum term established at that time by the association for this dass of account, except that at least fifteen days prior to a maturity date the association may give written notice to the depositor that this certificate will be renewed at a different rate and/or a different term, or will not be renewed and will revert to the status of a reguldr savings deposit and earn interest at the rate paid on regular saving~ deposits. In the event of any withdrawal from this account during the first three months 190 days) of the term. no earnings shall be paid on the amounl withdrllWn. In the event of any withdrawal thereafter, prior to the conclusion of the te...II., earnings on the amount withdrawn s...all be paid at the then current rate on regular acaloUf'lts for the period since issuance or renewal of the account, less three months. To the 8Jl1llflt necessary to comply with these require. menu, deductions shall be made from the _t withdrawn, In the ewnt the term of this certificate is ...-dad by reason of an additional deoosit, the withdrawal penalty provision applicable dunn.1be original term will also apply to any with. drawal during the extend~ term. Determination of earnings i.s subject to the lUles established by the association for this class of accounl. Issued al Campbell. California. . . ~~ CfJd. PIONEER FEDERAL SAVINGS AND LOAN ASSOCIATION (AUT HORIZEO SIG"'AT'JHEI MEMBER FEDERAL HOME LOAN BANIlCSYSTEM FEDERAL SAVINGS'" LOAN INSURANCE CORPORATION .G P.l'> NT .J?.EED We, JOSEPH R. DUCA'IIO and SUS.L~N R. DUCATO, his wife, do hereby grant unto the CITY OF. CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, i:or public street purposes and to become a portion of Pollard Road, all that certain real property within said City and more particularly described as follows: BEGINNING at the south'irJesterly corner of Lot 32 as said lot is shown upon 'chat certain map of rrract No. 311 filed in Book 10 of Maps at pages 44 and 45 in the office of the County Recorderr County of Santa Clara, State of California; THENCE, along the westerly line of said r,ot 32 North 270 45' West 8.82 feet to a point on a curve that is concave southerly and has a radius of 545.00 feet; THENCE, from a tangent bearing South 840 54' 13" East, along the arc of said C1.uve easterly 41.19 feet, through a cent'ral angle of 40 19; 50", to the point of intersection with the southerly line of said Lot 32; 'I'HENCE, along said sou.therly line South 8So 57' 12" West 36.84 feet. to the POINT OF BEGINNING. CONrAINING 0.004'acres, more or less, and being a portion of Rancho Rinconada de Los Gatos. IN WITNESS vlHEREOF, we have placed our names, this d 23 ~ 0. day of ;Cf A- '/ , 19 7j"-- _ O\__D~_~ Joseph, R. Ducato (.=U{lL~ Susan H. ~uc~t:.o. (Notary Certificate) f:,~~~~~c><.')",t9~",{9~.GC0<9~::('"X9~(,"'..o 0. ~_7_9:-:~ ()I'FlCl~\L SEi\L a ~ /4,~'._. ," C) ~~<'~'i".') ~~~::\'~I,r4::;,:~~' S::E:~;';I~ ~ ~3 '~,:';~,- , "', ' '10,1 ~ R ':'l;'c')~w<'^i;"I'IV').' ':. ."1 "j dJi' 3 :tG:LJJ~'G~"'~:::~),~~j~',-:.'~'~: .... ~ ~lJl ~I,J--Jb"',~~ a - I :....: "r" .... ..... . ..... ...:. .::': t::.. ~ r r.. ....: \ . ,... .'. ,. s . .:i I I / ~ / ~ ~~ ~/ II ~~j ..1........ ..... ". FO'.'R 'l I"L / ..,.. .-.. .-, :.... ... f I'M '"' ..'~=4.19. 50" ~ R = 545.00' ,p.o.~ --t--F~V~N'/ ~ ;........ POll-A ~ " I? /) "- ~O'iL> 85.57' \2" w _ 5 -- ,,;-- - - -- ~ "".. ... . ~........: ..:.;.,..::..:~.~..:.:: ;:.....~: ~....:. . T '\'-":..f.\.. ~. ~'.' ! " ~ r ~ L(c -_ I 1_ ~" ! ',< .... ~i ((~) ( CITY ENGINEER'S CONSTRUCTION COST ESTIMATE FOR Ducato - 1315 Pollard Road S.T. (14) "s" 74-16 1. Clearinq and Grubbinq: AC removal: 140 sq. yd. @ $2.00 2 . Earthwork: (75)(1)(45) = 27 125 cu. yds. @ $6.00 3. Underqround Street Liqhtinq System: a. 1 1/2" rigid galvanized metal conduit with two #8 AWG solid copper conductors: 75 lin. ft. @ $4.50 b. 400-watt, Mercuty Vapor, IES Type II electrolier, with photoelectric cell, 240-volt: 0.50 @ $900.00 4. Concrete Construction: a. Class A, PCC curb and gutter: 75 lin. ft. @ $4.25 b. Class A, PCC sidewalk: 194 sq. ft. @ $1.00 c. Class A, PCC driveway approach: 319 sq. ft. @ $1.20 5. Street Construction: a. Class 2 A.B., 1 1/2" max.: (2475 sq. ft.)(0.67)(0.07)= 116 tons @ $6.00 b. AC pavement, Type B: (2475 sq. ft.)(0.33)(0.075)=61 tons @ $18. 00 = $ = = = = = = = = 280.00 750.00 338.00 450.00 319.00 194.00 383.00 696.00 1, 098. 00 6. Misc. Surface Improvements: street tree, five-gallon size: 1 @ $27.00 = $ 27.00 Sub Tota 1 : $ 4,535.00 15% Contingencies: 680.00 TOTAL: $ 5,215.00 1. Use $5,200.00 for bond amount. 2. Plan examination and construction inspection fee is $183.00. 3. Storm drainage area fee is $170.00. (0.220 AC) "S" 74-16 PLANNING DEPARTMENT CITY or CAMPBELL 75 NORTH CENTRAL AVENUE CAMPBELL, CALIFORNIA DATE: ,July 22, 1974 COND I T 1: ON S A 1'T ACHED TO II S" APPROVAL or PLANS or Joseph R. Ducato s FOR CONSTRUCTION or triplex building TO BE LOCATED AT 1315 Pollard Road --.-.---..---.--- -----.-- CONDITIONS: conditions of approval attached Sect:ioll 21./J2.090 of th.c Campbell Municipal Code reads a8 follo~ Any approval granted under this section shall expire one yea~ after the date upon which such approval was granted, unless all extension for such approval is obtained by making written application for same to the Planning Commission at least fifteen (15) days prior ~o the expiration date of such approval. No building permi~ shall be issued after the expiration date of any apj)roval unt il a new approval has h~en obtained in the ma.nnel' pro v idecl for in this Chapter. ~ G lU', N TED 13 Y T HI: C I T Y 0 reA II. P 13 ELL P LAN N I N G C 01.0.11 S S ION lu:r;TIHC HLLD ON TJlJ~ __I..?t~ day of .luly ee: Engineeri ng Dept. Ii/att./ Fire Dept. wiatt. I\'J' I. REGULAE ~ 1971{ . CITY or CAMPBELL PLANNING COMMISSION DY: a/~d/ {<{~~_________ . ARTHUR KE1.;/: 'St:-tII.[TARY ~ APPLICANT ADDRESS ~U-~-\- 0 \~I {\~~ ~l "s" NUMBER ,4- (~ (~\s<zd) A.P.N. 4c3-\G:.-CCO 19 {Z0L RECOMMENDED CONDITIONS 'f Process and file a Po...V-C-~ \ map. (3)~\JC!'\O p' ~ V"2.. cI; ~ \o..r~~r ~o..v ~Q\.) Dedicate right of way. ~~ ?~\t~v--c\ x ~ Pay Storm Drainage Area Fee. )( Provide copy of Preliminary Title Report. , ____K-_Enter into agreement for construction of street improvements. ~ Pay fees as noted in agreement. )( plan examination and construction inspection ~o Campbell Municipal Lighting District pro-rata ~ fire hydrant rental )( Post bond as noted in agreement. )( Provide grading and drainage plan. t' X Obtain excavation permit. Segregate assessments. " tt <ll"_ .= ~ 'OIi <Xl ::l r- o '" ~ '" ~ :I: ::l E 111 ~ (~ , Wcz ~-.J~ ",(),~iC~~Si~\P.h l'~e frilr- ill. ...' ~. '.\,\~.... . \("'~.. ..~.. ct.' ~"".'\()"... \i):..',........;.,.,' 0.,.' ~.,.,'.. ."..~",. .....~...... ~,.,.........o,.,.". .If..,~. .,..,.'a~". d....! .'Pa , \()..rQ..~<:>'S..~~s-+.hQ..~;I:Pi~p~~c{ 0.. P\~ ~1~T i&f~~i fl'fqo.ff ! ~'l c..p;t~~! +h2.., .., .:,..0.... ~.. .~..m... a,.l~.. ~......r...~~...... '...............~~....,n........Sf....b......o~....n........' u..f>Q tl1\.. -+h2. d~q~~~IPlli...*~i'l i " '",:, ~.... .,.,..i~*~.' l~...i ..~,.. I... t..., ~......i..l.~.....l~,...,.I.~....-Y.... ~f....,+..,:.!=J.,~........~..$..,..,: ..~....,~.... \.....l~.~ ..~. o.~.. ~~.'.,. ~,..',.~~..."....~..~.....~~......;...I. t. ~.........I,.....d.............dl..,.....~....~...~.,'~..' .~.... f.,.....~....'. ir...... 0..+ ~\$ ,tpW,<:.p.~~~. T1H-,~~OW1~ i ~r .... ~q-ni .~\t~~ rCi\j~~.Jf~!...l11-~.. '"" 'L.O .Yl\q~;\j!u.D~~=j!"'l~.~i.~~~.~;..u.. ^ ...Ll~, .0 · · · · CL. l I . . . . . I 1 . 1 ~."" ,m\~ !,.....\r~~Q.~~\.. 11 .r.i...;....;............+............I.........;.....' · . , . I .i.. i........ ........ ....... .il......II....'. i~ lA)d.'. <!:\u..t.J ~.. . ..' ~9' ,~V'~j:\.>L.. .~.~Lt41~t#f~.I~.,..... r1"~V\ . 9'-'.~ l('~'J~iu...l~i Ph "t().Tf~-ilT""1'-q.: n I~ " 'tore~~'$\~/ ~I\'t~ j"t".p.tT~Xfl~~\~, 'I1X1o..d. ~ ~cr ! ~<? ~ q l ft. ~ <:l~S )!Q,."f'.d; I," ~aU ~~ i~\p..\p~~ . ~~''f[!h~I.. ..u...~..tl~tL! \~ f>V'tC~st.~2~-\- .~.......... ~'f~I~~. I \ \ \ \ TF~I\C:T \ \ ~.,,(?' \~_ . ev:';:c;; i.--e..l\ 52 A:: 4018'10"'" R = 545.00 L = 40.93'/ <p ' ..;. ,;' , ~ -- -- - ----- Proposed Center Line ...,: Radius 500' --- >-.... ,..' -.... Scale 1"=50' ~ ~. (lJ' .,.....r \("'~ ~o- 0- ~ ..fL ~.; J.A!iD TO BE GRANTED TO THE CITY OF CAMP~ or.By OK MAY ,1972 ClBy MAY ,1972 L_'cC:" 'Land to ~e "ollted to Cit1 Contain, 158 Sq. Ft. t P,epa,ed by ttte Office of the Clt, Enal nee,. Campbell. Collfor"le