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953-983 San Tomas Aquino Rd. (TR8260) TRACT NUMBER L. v I (5 "'I) I PLEASE TYPE OR PRINT HEAVILY - YOU GET THE LAST COpy - County of Santa Clara Central Permit Office 70 W. Hedding St., San Jose, CA 95110 Phone: 299-2454 1. Location of Tract See Instructions Below 2. Proposed Tract Name .- )" ,_ \ (1'.,.... ".. '"'" .' , ;,.--; 3. Number of Lots & Units 4. Approximate Acreage .' .,.\ 5. Date of Planning Commission Approval of Tenative Map (' -;- 6. Owner's Name c> ; l.".-' ~........- r.::.: ,i ~- ~-; '" . 7. Owner's Ad,9ress ~'. , )to -;... 8. Engineer's Name ; t..,.. 9. Engineer's Addres,s)l.nd PJlone Nl!m~el " '., <.~ ! ,j i ""~.~ i ..' ~ : i ! ".~~. \ /.4.~,'f -f .-._:' ,I ) ,r~ ! (~~.~ I \ 11. Is the Tract Proposed 12. If the answer to 10 or 11 is for Annexation? yes, What City? Yes No . ,'. ~-"J: 10. Is the Proposed Tract in an incorporated City? Yes'" No 13. Remarks: ~,. ..~~,'" INSTRUCTIONS FOR COMPLETING TRACT NU""BER REQUEST FORM: 1. Existing frontage and intersecting adjacent streets or reference to existing tract limits. 2. If unknown, so state. Name must be provided prior to recordation if name is to be used. 3. Self explanatory. 5. The tract number will be issued only after the Tentative Map has been approved by the Planning Commission. 6. through 12. Self explanatory. 13. For additional comments by private engineer /surveyor. NOTES: 1. Enclose copy of approved Tentative Map. 2. The form shall be filled out and the gold copy retained by the engineer. 3. All other copies must be forwarded to Central Permit Office, 70 W. Hedding St., San Jose 95110 4. Where development involves more than one unit, submit a separate Tract Number Request for each unit. 5. Tract Number is automatically void if not used within one year from the date of issue and request in writing for renewal has not been received. 6. A request for renewal shall be in writing and shall include the date of the re-approval or extension and the length of time for such extension. 7. The assigned number is not transferable, except upon written re-application. 8. Enclose $2 Issuance fee. TRACT NUMBER ASSIGNED: This space for machine validation /~ (r-' REQUEST COMPLETE BY DATE tw/". ,^_,f" Routing White Green Canary Pink Goldenrod -Land Development Coordinator -Owner's Engineer -Planning Commission -City Engineer -Owner's Engineer (Preliminary Copy) S) 6240 REV 11185 ./ CO p~ ~ REQUEST FOR CANCELLATION OF TAXES BY A PUBLIC AGENCY I Assessor s Parcel Number (A.P. N.) 403-10-'-30 The undersioned authorized aoent requests that the County of Santo Claro cancel taxes aoainst the described property, pursuant to Revenue and Taxation Code Section 4986 ef seq., because of acquisition by the public agency. Attached is 0 copy of the acquisition document and a copy of the city', authorization(ifapplicable). Total toke D lObe completed by the Assessors Office of Sanfa Clara County Partial toke D Acreage (or sq. ft.) acquired Acreage (or sq. ft.) remain ing Roll Year Roll Year Roll Reads Roll Should Read Roll Reads Roll Should Read Land Imp. Pers. Prvp. Total Signature, Dote and Phone Number Avency's Authorized County Counsel Avent iJzWiL Barbara 01sasky,City ~hone AsslSsment Services Appraiser Received by TRC Processed by TRC 299-4231 299-2401 299- 3671 299-3671 -~--- --;:;;::._..~--=--~~- - ..J f - ------.... .. ---- ------- . (.180.-18.t3 ACCEPTED ON THIS~P!.; (Jay of ~~ /9fC/ for and on behalf of the City of Camp,~, a Municipal Corporation, of. \!lJj~~~~i7~~~~\:, California,. pursuant to R~~J~..~~~.~~ ~~~~, recorded In Book 4509 j'~:~;iiO. ....~'~..-:-:~J. _-~_ County Records . .: l/.. ~,~1.4 ,4 \\ f':\. f . ':.';' It. .j. Bar~ .' ...' - . ; City '~'~,~t~ n a ' , ._-_!:~":~!..~:.<,~: -' - . " .....ft! C~~\. a ~.',' -~ - ..~.",..'!..,..... ....... . .-- ~~''; .. ':'1IIi.';' -~ ~_. ., ". ,.n-if; .. ~RI.ING-WlTNE~ ACKNO~DGII";"; (WI:::~. ~~ "- t · -.. Ut1.If-N-J } Onlhilthe nA- day of. I)_t__'~~ 1889 , S nn SS. before me, the underIIgned Notary Public, I*8OnIIIIy ~ ,- County.. ~l'J("""" ~ J. ~ """-1 ~ known to-;;O o pI'OV.ct to me on the ~ 01 . cndibIe __, whom 11cnow~, to be the .-.on ..... ....1I1Ub8crtbect.to the within 1nIlrument. wIInelIs -......0. Met who ewore or aftIrmed ..... me .... -AL (heIIhe) .....~ knDwa ~~ >H11/u.., (MIne of Iigner ftOt IPPNI1ng ...; ~ the IndIvIdu.- ..... ..... IlIUbecrIbed aD the wIIhIn 1nIIn.IMnt. prIncIpIII Md will .11 I d 1hII1ndIvIduII8ign the..... Met DncM1ldg1l1gr1k1g . heIy for .. ....... ....... oanIIIIned. WITNESS mr ..... 8nd CIIII*I ..... .(4A~J,_. -m (],,~ ~ NoIIIry'a ..,..... . i ( ~ 1m. .. 112_______ ----~ NDWl!_~._~ ~......~~~........ ....,00\l1li4 ~ )I' i- ! \ . k ~. "" ~ 1 ----- '. 10342912 TO BE RECORO::O \'IiT!~OUT FEE SEC:ION 610:' GOVE&:.:NENT COPE AT THE REQUEST OF CITY OF CAMPBELL l'"-f8'4! FILED 'OR M:CORO AT REQUESTOF aryOFCA.\{PLaL CITY OF CAMPBELl. 70 N. FIRST STREET CAMPBELL, CA 95008 -. NO FEE Haw 29 II S1 AH f89 .. . GRANT DEED OfFtCAL RECOROS ~NtA Cl.~A COUNTY [ L.UR'E KAME t. RECORDER I, JoyDean Killer, sole owner do hereby grant unto the City of Campbell,-a municipal corporation of the County of Santa Clara, State of California, for public street purposes and to become a portion of San Tomas Aquino Road, all that certain real property situate within said City and more particular described as follows: The easterly 6 feet of that certain parcel of land described as, parcel one in Attachment "A-2" of that certain "Judgement Directing Final Distribution on Waiver of Account and Allowing Statutory Compensation" in re the Estate of William Fr~nk Giesler filed in Book K 152 of official records at pages 297 through 302 of Santa Clara County Records. , , , \ a Witness: ~~ J~iller ~~~,~ I? /7/6-9 , Date 11/7/89 Date , , LAW OFFICES OF SNOW & SNOW ^ PROFESSIONAL CORPORATION 3555 BEACON AVENUE. SUITE 100 FREMONT, CALIFORNIA 94538 CHARLES B, SNOW RAYMOND M. SNO\Xl' BRIAN KAAPCKE KIRK L COLLINS R. LO\,X/ELL JOHNSON. JR. (415) 793-3811 Of COUNSEL A. L. SNOW October 26, 1990 TELECOPIER/FAX (415) 793-0775 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Greg Eaton CITY OF CAMPBELL Public Works Inspection 70 North First street Campbell, CA 95008 RECEIVED OCT J 0 1990 Re: BRW Homes - Tract 8260 Public Workt/Engineering Dear Mr. Eaton: Enclosed is a Mechanic's Lien recorded by Pacific Underground Construction against Tract 8260, owned by BRW Homes. The Lien is also a claim against their Subdivision Improvements Bond or other security as their work was underground storm drains and sewers. Please take the necessary steps to prevent release of BRW's improvement security upon the city's acceptance of the streets per Government Code Section 66499.7. Should you have any questions, please feel free to call. Very truly yours, BK/fs cc: Pacific Underground wjo encl a,wS. p. {I - 1--1 -- ,--' "7r'"lJ ft r-c......-I D V\!. t..(J . ~ ~jtIf;'f(..' p. .' ,/'r.~J "r (]>or I'....] "5 (....10' '--" h U ,sT1'- '. ,L,.'" c.- <-p. / f\o- ,~:,.o "-'c..! c.-- Name 51',",_ AcJd'tlSI ClOy & St",. L &0' ,...: en ~ ,.... l."'4 ..., Q C>> '-l l- S. C>> C.::J Q ~ -A < ~ LU ~ r= C>> ~- - ;;c '.W ::; t' I., , .. '] L 456 PA GE 1 72 I 10631669 .. fiLED FOR RECORD, AT REQUEST OF I Cl j4~U/vA ~ Auc ZZ 10 00 AM · 90 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO rv...., ( OFFICIAl. rY'.'ORDS SMHA CLid<A COUHTY LAUHIE KANE RECOfiOER I Pacific Underground ConstructioI1l 1817 Stone Avenue San Jose, Ca 95125 1 ..J SPACE ABOVE THIS LINE FOR RECORDER'S USE Mechanics' Lien . . Pacific Underground Construction, Inc The undersigned. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Name of person or finn c:Iaiming mechanics' lien. Contractors use name exactly aa it appear8 on contractor'8 Iicel1lle.) Claimant. claims a mechanics' lien upon the following described real property: City of. . . CaIJ1p~ll. . 'Tract' '82'60' ':': . san . ~~t~8~c'i~+~1;"~ . . . . . . . . . . . . . . . . . . . . . . . California, ::::::::::::::::::::::::::: :~~~:~~: :~~~~~~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: (General deac:ription of property where tbe work or material8 were fumiahed. A 8treet addreaa ia 8ufficient. but if poaaible. use both 8treet ..ddre.... and legal description.) The sum of$.... .~~/.~;I;~...~~......................................................... together with interest thereon (Amount of c:Iaim d~e and unpa1'4 ClO at the rate of. .~ .. . . . percent per annum from. . ~~. .~.. . . J. . .. . .. .. . .. .. . . . . . . . .. . .. . . . . . . . . . . . . . . . . 19 . : . . . . .. (Date when balance became due.) is due claimant (after deducting all just credits and offsets) for the following labor, services, equipment or materials furnished by claimant...... .Qt\@1;'gl;'9.\,1.\1Q. .l)U;1,:tU~f?...................... .... . . , ............. ... ... ..... ..... (Il1l1ert general description of labor. service8, equipment or materiaI8.) ......................................................................................... ......................... ...... Claimant furnished the work and materials at the request of. or under contract with ........... .~~~!3Y. .~~+9~1;.,.. P:1~........................................................................ (NllI1le of perSon or firm who ordered or contracted for the work or materials.) Theownersandre~tedownersofthe.Propertyare. ..~~. .~~....................... ............................ ... ~47. '~'L.~... ~~. .~~~~f..~~~;I;f..~. ~~.Q9~........ ............................................ (111llert name of owner of relll property. This can bol obtain ~ m the County Recorder or by checking the building permit application at t B ding Department.) . ...... ~~ .~~.~~~?:<?~~. .~.C V ICA TION I. the undersigned. say I am the. . . . . .Co,n:t:.1;Q .1;'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ("President of." "Manager of," "A partner of," "Owner of," etc.) the claimant of the foregoing mechanics' lien. I have read said claim of mechanics' lien and know the contents thereof; the same is true of my own knowledge. I declare under penalty of peljury of the laws of California that the 1i Executedon. ...~~~~. ~.~!... ....... .19.~9.... .at.... ...... (Date of Signature) . .............................. rllOnal signature of the individual who is swearing that the contents of Lbe claim of mechanics' lien are true. Page 1 Thia cIoc:umenl. only. genarallorm which may be proper lor 11M In Ilmple lransecliona IIIld In no way ac:la, Of II InIended 10 ac:l, .. . aub8lilule lor IIIe 8dvice 01l1li Il\omey. The pM.... doea DOC make l1li werr . ..Ihw IX .sa Of ' , .. 10 Ihe 1oog81 vllldlty o'lIIIy oviaion Of Ihe auilab,l, 011h8S8 Iorms III an s 'Ioc: llan5aC1ioo, CITY OF CAMPBELL - COUNCIL REPORT .- '- --. ," . . ",' Meeting Date: September 5, 1989 Item # Category: CONSENT CALENDAR Initiating Dept: Public Works Title: Resolution - approving the final map of Tract No. 8260, executing an agreement and accepting the dedications offered thereon. RECOMMENDATION: That the City Council adopt a resolution to approve the final map for Tract No. 8260 authorize the Mayor to execute and agreement with BRH Homes to install street improvements in San Tomas Aquino Road and acccept the dedications offered on the map. DISCUSSION: On June 6,1989 the City Council adopted an ordinance approving a tentative map for a 9 lot subdivision at 953 San Tomas Aquino Road. The developer has complied with all the conditions of the tentative map and the final map is therefore recommended for approval by the City Council at this time. COSTS: -0- Approved by Depanment Head Approved by City Manager 7<- ~\'^~ ....) I, RESOLUTION NO. 1873 BEING A RESOLUTION APPROVING FINAL MAP OF TRACT NO. 8260, AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT AND ACCEPTING THE EASEMENTS OFFERED THERON BE IT RESOLVED, by the City Council of the City of Campbell, California as follows: 1. The final map of Tract No. 8260 is hereby approved, the Mayor is authorized to execute an agreement with BRi Homes to install street improvements in San Tomas Aquino Road and the dedications offered on the map are hereby accepted for the purposes for which the same are offered. PASSED AHD ADOPTED this 5th by the following vote: day of September , 19 89, AYES: Councilmembers: KOTOWSKI, ASHWORTH, BURR, CONANT, WATSON NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE _/' .-::: Mayor THE F01=lI"GOI'lG rNST1=lUMENT IS A TRUE AND CORRECT COpy OF THE ORIGINAL ON FILE IN THIS OFFICE, ATTEST, 8Af18ARA OLSASKY, CITY CLERK. ::';~;;t' CA'!lt'-l2il p ",:-#;'1;9" u " II .,=t. -.J' J ~..-....I J !..!....f'"?,,.... -J -=i O..J:1f-l ...J: :1 'oj ~I ~f'~ I ~ '-- .-".,-----=-I N ':::: ~. '.,'10' J; _ .:: _ ~ ) - I , I '-rT,.:.. - ~....lc . - _ t:~ &li3 I ..J-1 ;: ~'.''''1.14: ,1,,1 I Iii 1 I I I I I 1 -, - ~ /7 _! I ~I r...., -Il.. ~ ... 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'- ..,.... . _ f~ = ~ : ~-r I - / D i::' -bJ ~ t. ::- ~'I wi .,. _ _ T . . I. H.-= H I- ~ - ~UII II ,n III . ~~ '~ ~ n 11- J.:U - ...- '- ;j;p~ .1,;;-: :., ~ :=~f:E ~~U;2,- T EIfE _L :2- · .' - ~" '/!. '- --, b S, - . r- (-" I- -"'.....,~:.,) '- , ./ hJJn .. ~o- I ~I-~ -r, , /-. '- V '/, . " _ I- ..:... - ,I-,~L-, 1 '- D., I - · " ... - - I I 1_ , .'_ _. , .J · '- ,. k':":' - I-- f . U t :::'~o'::= ,-.... ~ I-- - . 0 I I (I I I 1_ -I- -- · , "'~~ l.J' C.."I, I I _:+::- ~- = ~.i;q"-:-~' ~n- 'J:::;' //L J ~a I I - ~ - ~ 7 /' h r ,'I I II ' :lJ"1 I .,..... _ -I- :-':='i "h 0, . ~ ~ .__ r I- f :':=,E:=I-"'j ., '- _ ...." ..1,1. j II'I-kl-I \ -O-(t::.) 'Fn -. ' 1-... I I I LlII I , I , , , III --=' ( ~- ~fut-. LLLr ,~, h - ""'-~ \ ,..~" .....,!.. fHEB. . '11 111' I I ~t~ J:1I]IIJ lll. ...... , 171. r'I""JT_ ... '-< 'l.tU ......,J..J _ ~ ' ::f- 1:..<;.- -. '- ........",. ......l- -i: ;; ~ .-'- .f-J-1~ I-~I. '!L ----J; '-f,.I, "-,;; , · Il-G ~ r-. c::rr rT IlJ I- ~.JfL~,;;, _ ::' r'r, - "-::: r ,-, _ ~ :,::L:::t~.I"I'''' 1" '- · I- Irnr ,- ~. r /. . I ~J ~ -' -::-,t' ~,'n- ~ ,_f _ .J~ 1m 'e 5 ~ . . >-= I lli _' I I , \ .---.U---" · ----,........ CIE~ / -,- ~ I .J 1fT 'i I 1/ I-.fIr Ct . i~t, ~J;j]~::;""--' f7 J1!- r=:: W t"', Ul_..... eo.+::......., 0~' J ~, .' I I - It- 7P Y.?!!''', I / II 1\...., J..-<. ~r-- 1m ii:lr:Ji :J I- - rr:.....' t. f- 1--'. YT\ r- f1 .,. W..... ~ · '''' I...~ 1 - >-- I - ~ ' , <1,1": -1/ ... . ~ J -----......., , , :=; '--; :IV '-Jr;, I"" '1. ---.,~ '- 0, -t [. , 11- ,-., " , ,j -' - ''''q) t I, J~fr L · - \ ,', ........,.- 'L_ ....... I I, I I 6!Y' r ..AN. 0 lU ,,;::: L j , / ,~ '." _ IlL '.1 ~ .,~.. H:,- ... '. ~ ~ r=-, " /: ~ -/1 T I 'I L _ t I - '-1 J ~ \' '. , I I I 1 J :.- ~~~. , '~'iT L., I /2 rI:::\ rri-nTtm (::;J _, ~I 'J:;i7 - &'.1-,." r ., t"" I . ~._. . r r.., ~ . To: Donald C. Wimberly Director of Public Works ,~,Of (4-1,,08.-:: ( , . ~ * .' o':~:'., * (., < '1. v- ..; .-.(<> ..0& \. () ('{ l (p.\.\ CITY OF CAMPBELL MEMORANDUM September 6, 1989 Date: From: Jim Penoyer Engineering Technician Subject: Tr. 8260 - 953 S.T.A.R. Ainsley Development ---------------------------------------------------------- This map is submitted for your signature. It was checked by reference to the following: APN 403-10-31,32&33 ROS 56 M 35 PM 438 M 16 TR 11 7 Lovell Tract: Book F1 M 5 Title Report dated May23, 1989 Engineer's Calculation Sheets The original map will be on the filing cabinets outside Bill's office. !QR~~tl~NI THIS AGREEMENT (identified as No. TR8260) made and entered into this 5Ui day of September , 1989 , by and between BRW HOMES a California general partnership hereinafter referred to as "Owner," and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City." WHEREAS, on June 6, 1989 City granted conditional approval of Tract 8260 creating nine residential lots upon that certain real property commonly known as 953, 971 and 983 San Tomas Aquino Road, which property is hereinafter referred to as "said real property"; WHEREAS, compliance with the terms and conditions of this agreement are conditions to the final approval of said Tract 8260; NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED APPROVAL, and satisfaction of the conditions to that approval, .;. (1) Owner shall provide, construct and/or install at his own proper cost and expense, public street improvements as described in section 11.24.040 of the City Code within 12 months from the date first mentioned hereinabove; provided, however, that in the computation of said 12 months period, delays due to, or caused by acts of God, viz., unusally inclement weather, major strikes, and other delay beyond the control of Owner or his successors shall be excluded. (2) It is expressly understood and agreed to that if Owner shall fail to complete the work required by this Agreement within the said 12 month period, the City, after after giving ten (10) days' written notice thereof to Owner, or his successors, may construct and/or install said improvements and recover the full cost and expense thereof from owner, or his successors. (3) Owner, or his successors, shall cause to be prepared at his cost and expense improvement plans for the construc- tion and/or installation of said improvements prior to such construction or installation. Said plans shall be prepared by a civil engineer registered by the State of California and submitted to the City Engineer for examination and approval. All of said improvements shall be constructed and/or installed in accordance with those plans approved by the City Engineer and shall be made under the supervision and inspection and to the satisfaction of the City Engineer. Said construction and/or installation shall be in accordance with the existing ordinances and resolutions of the City of Campbell and to all plans, specifications, standards, sizes, lines and grades approved by the City Engineer, and all State and County statutes applicable thereto. Upon completion and acceptance of the improvements by City, Owner, or his Successors, shall provide reproducible as-built plans to the City Engineer. (4) The construction work of the improvements embraced by this agreement shall be done in accordance with the specifica- tions of the City of Campbell and Sanitation District No.4 of Santa Clara County, where indicated. (5) Prior to approval of the plans by the City Engineer pursuant to Section (3) of this Agreement, Owner, or his successors, shall pay to the City for examination of improvement plans, field inspection of construction of improvements and all necessary expenses incurred by City in connection with said improvements, a sum in the amount of seven percent (7\) of the estimated cost of the improvements at the time of construction. (6) Owner, or his successors, shall file with City, upon execution of this Agreement, surety acceptable to the City in the amount of ONE HUNDRED SIXTEEN THOUSAND NINE HUNDRED DOLLARS (Sl16,900.00) to insure full and faithful performance of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distribution system. Said surety shall guarantee that Owner, and his successors, will correct any defects which may appear in said improvement work within one (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 pay the cost of all labor and materials involved. This surety shall remain in effect until one (1) year after date of final acceptance of said improvements by City. Said surety amount may be reduced by the City Engineer after the date of final acceptance to not less than twentY-five (25) percent ot its full value. (7) Upon final release of said surety by City, the obligations of Owner, and his successors, contained in this Agreement shall be considered null and void. (8) Vhen called upon by City to do so, Owner, or his successors, will execute a petition for the formation of any special assessment district created pursuant to any special assessment act as provided in the Streets and Highways Code of 2 the State of California created for the purpose of constructing and/or installing any or all of said improvements. (9) Owner, or his successors, shall participate in and becorr.e a part of any special assessment district as described in paragraph (8) of this Agreement. It is expressly understood that any obligations of Owner, or his successors, contained in this Agreement that are accomplished to the satisfaction of said City Engineer by said special assessment district shall be considered null and void. (10) Owner, or his successors, shall make such deposits or file such bonds and enter into such agreement as required by Sanitation District No. 4 of Santa Clara County to insure the installation of a sanitary sewage system to serve said real property, and Owner, or his Successors, shall file with City, upon execution of this Agreement, a letter from said Sanitation District No.4 stating that Owner, or his successors, have made such deposits or filed such bonds and entered into such agreements. ~ (11) Owner, or his his Successors, shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground wiring circuit to all electroliers within said real property when Owner, or his successors, is notified by either the City Engineer or the Pacific Gas and Electric Company that said fees are due and payable. Owner's, and his Successors', obligations under this section shall not be relieved by delay or the passage of time, but shall remain binding indefinitely and forever. (12) Owner, or his Successors, shall make such deposits or file such bonds and enter into such agreement as required by San Jose Water Company when called upon to do so to insure the installation of a water distribution system to serve said real property, including fire hydrant. Owner's, and his successors', obligations under this section shall not be relieved by delay or the passage of time, but shall bind Owner and successors indefinitely and forever. (13) Any easement and right of way within or without said real property necessary for the completion of the improvements shown Upon aforesaid improvement plans shall be acquired by Owner, or his successors, at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required for the purpose of securing said easement and right of way, Owner, or his successors, shall deposit or cause to be deposited with City a sum covering the reasonable market value of the land proposed to be taken and to be included in 3 said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto such sums as ~ay be required for legal fees and costs, engineering and other incidental costs shall be deposited with the City. (14) Owner, or his SUCcessors, shall carry out any and all negotiations with all interested parties and shall perform or cause to be_performed at his own cost and expense and to the satisfaction of the City Engineer any and all work required to abandon, remove, raise, lower, relocate and otherwise modify irrigation line or lines within the boundary of said real property. (15) To the fullest extent permitted by law, Owner, and his successors, shall indemnify, defend and hold the City of Campb~ll, and its agents, employees, attorneys, officers, officials and assignees harmless from any and all claims, damages, losses and expenses, including, but not limited to, attorneys' fees, arising out of, or resUlting from any negligent or intentional act or omission (including misconduct) of said Owner, or his successors, or any subcontractor, or anyone directly or indirectly employed by him, or anyone for ' whose acts any of them may be liable in the course of performance of the Agreement. ~ The Owner, and his Successors, shall also indemnify, defend and hold the City of Campbell, and its agents, attorneys, employees, officers, officials, and assignees harmless against and from any and all claims, demands, liabilities, losses, lawsuits, jUdgments, damages, costs and expenses (inClUding, but not limited to, attorneys' fees and Court costs, whether incurred at trial, appellate or administrative levels) which the City of Campbell may incur or suffer, or to which the City of Campbell may be subjected reSUlting from the failure of Owner, or his successors, or his agents, employees, Subcontractors, or anyone performing services under him, to fulfill any of the obligations imposed under this Agreement. (16) It is acknowledged that the provisions of this Agreement constitute covenants for the improvement of the subject real property for the mutual benefit of Owner's property, commonly known as 953,971, and 983 San Tomas Aquino Road, and the City's property, commonly described as San Tomas Aquino Road where it adjoins Owner's property. These covenants shall be considered to affect rights in the above-described real properties, and shall be binding on the heirs, assigns, successors, and grantees of Owner to said real property. (17) Nothing contained herein shall be construed to transfer any unvested interests in real or personal property for 4 purposes of the rule against perpetuities. (18) In the event that Owner, or his successors, should breach any of the terms, conditions, or covenants of this Agreement, the City shall be entitled to recover, in addition to any other relief available in law or equity, all costs incurred in attempting to obtain enforcement of the Agreement, or compensation for such breach. These costs shall include reasonable attorneys' fees and court costs. (19) This is the entire Agreement between the parties, and there are no representations, agreements, arrangements or understandings that are not fully expressed herein. (20) This Agreement can be executed in counterparts by the parties hereto, and as so executed shall consist of one agreement, binding on all the parties. IN WITNESS WHEREOF, said City has caused its name to be affixed by its Mayor and City Clerk, who are duly authorized by resolution of the City Council, and said Owner has caused his name to be affixed the day and year first above written. CITY OF CAMPBELL ~ William R. Seligmann, City Attorney OWNER: Cler~ ~--- APPROVED AS TO FORM: /'f, ....' /. ,/ /.--;7 / " "//, - ~r ..' ~. ~ .~.' " ,"'~ ~, ,r-./ .;/--- /,. .rc...:..---'"__- .,F'/ ,/' THE FOREGOING INSTRUMENT IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE, ATTEST: B,A RBARA 0, LSASKY, CITY C, LERK,', I ::':;t;;;;;;;Z~WfJ tr DATED q /It; / t9 5 NOTARY FOR PARTNERSHIP SIGNATURE STATE OF CALIFORNIA County of S11J\f-\ Q~(+ I I SSe I On this !).yi1 day of f1l..lqU';)\ . 19 <[)q. before me(J\:1vNl~ fJr.ijl/Jf a Notary Public in and for the County Of~R- QRRJ+-. State of California. residing therein. duly commissioned and sworn. personally appeared &Pf ~, BfZ-U~E eow~~) 1)' . . G A:&f!-.c v-= ~fH fLu Ie (+-: - personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed this instrument on behalf of the partnership and acknowledged to me that the partnership executed it. : IN WITNESS WHEREOF. I have hereunto set my hand and affixed my offical seal the day and year on this certificate first above written. J. -~ 0Q1 .'- ---..-... tIE~A"" ..oTMW SAMrA CLMA QUftl . u, . ocr. 11,1110 "NOTARY SEAL" purposes of the rule against perpetuities. (18) In the event that Owner, or his successors, should breach any of the terms, conditions, or Covenants of this Agreement, the City shall be entitled to recover, in addition to any other relief available in law or equity, all costs incurred in attempting to obtain enforcement of the Agreement, or compensation for such breach. These costs shall include reasonable attorneys' fees and court costs. (19) This is the entire Agreement between the parties, and there are no representations, agreements, arrangements or understandings that are not fully expressed herein. (20) This Agreement can be executed in counterparts by the parties hereto, and as so executed shall consist of one agreement, binding on all the parties. IN WITNESS WHEREOF, said City has caused its name to be affixed by its Mayor and City Clerk, who are dUly authorized by resolution of the City Council, and said Owner has caused his name to be affixed the day and year first above written. CITY OF CAMPBELL Jeanette Watson, Mayor Barbara Olsasky, City Clerk APPROVED AS TO FORM: William R. Seligmann, City Attorney OWNER: ____. ..--- ' -~ .~ '- 5 NOTARY FOR PARTNERSHIP SIGNATURE STATE OF CALIFORNIA I I ss. County of f)(\Y\ A Q.~LAKA I On this Q,i'j11l day of At\1uc.Jl' . 19 Cf,~ . before me... IWI\l\ fttZ A fJltJq a Notary Public in and for the County of tf't01(\ l'J_~- t State of California, residing therein, duly commissioned and sworn, pe.rso, na, lly apP~~.d .' , R,U(E 10:(0 \ ~t ,N1J?-5T~r f<A 001(1+ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed this instrument on behalf of the partnership and acknowledged to me that the partnership executed it. day and year on this certificate first above written. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offical seal the -...... ... -,-...---. JE~A-rtNs IIIOTAlty fIU81. SAHT A CLARA coUtlTy . EXP. OCT. 19.1990 "NOTARY SEAL" ~~ on expires: oO:r. I~, 1990 11/ ~I ~ i8 "1.tJj <ill Ii ~I ~ 0 1(1i;-- '" ___~I .." 0, 0 ---------- . GI -- e ~ ~-- ~I ".. - lo", ~, ~I ~~ ~, ~ ~ i ,---.-- I I ~ III <: ~ "', ....J ; i lJJ ~I ~o 0(- ... :i '" o ... :J .. u ~ :> e ;:;! ~ u i ~ on ... on '" .. ~ :> o u ---... ... o ~ .. l5 I ILl ~ > & q I " ~ to -==,/I"'~ <u' _.~--~ " ~ \f)---;=== 2cO I ij .I"l '? SI-< ll.~ V WOJ. . rv< ..._:i N"vS_I '.'.. 00;::: ............... ez;;o{ :- '-- :~ajO c.., .q , . ""', t~;:t~ 1iS1;; ~ ~ 4.0 ~ :i ---..i..~o.- '"1II'E :: ~ ~ ~ ~ :' ~ fD ~I ~,,'I ~ i ...-: ~ ~fPlr ..: 0 ~ ') Z ,~g ~I > 60", <t I ( :!:.~ ~ ~ ~r St, 1/1 -.... ~I Ii l:l 18 l:l1 81 II !!! ll! ~ \1 v ~~ll ~I '. ~ ~ <llll;, ..... ~ ~~ ~ w :>- <C .J -' UJ :>- o -' - i::1 -~ 0'"' ~-r-i ~I ::;, >- -' ~ b "'~::; (l4i/1 ',;) SliT., ~ .J.S10 ~.lAt. '1110;' ~, ~,(=--~- ui >- ~ 3" I'll 0 OOOMN/ .. ~ '" (! @ ~ ~ -.J i Lu :z-' 101.1/ t:~ a ...J 10 ~ f;;'I ~ .. .. .. r: IO'UJ 3nN3A't1 "--- "- . - --..!.l'9 ,,~ 'j, 'E'o '. r~a~'. ~~) .:t := ~I '" '"' ;0 '" Q '" '" ----.st-,.,,., ~ ~ I .CI, ..............~ 0'"," _" Cl At A:; , ". I-- ~ ..L --'" S' ~;; 1 --:....----- '! I "'1 ~ .. l() ~ ,Vj i I Cl ll:: I ~I ~ 6Si:i.8i: ~I 'J:"L- ~~ ~I ..-t. 15", '" ~I ili ~:.i i :::I'"' ' ~~ - 00 ~ _ _.~ !JI_ . 1- --- I I , I , , I !! ". '''' "" :' t;;, ~I '1 ;JR N f , ;j r "i }~.~ ,. l:. , I , .u :.:1 J. LI'lo'<'811''So~ ; ... e" ...~iI.. &to, - -..-,.- , e~'601 .."'--. Ei;lir-=-i~.-:;L;_,~. : ~ , I ' ''''' 0 I~ ~I " lei I IQI 10 "1 .. I , 12" ~ . ~,' 09: I I o. , o. , I le.a; z ~. 0. t z. '-' ~ ~( !., ~;:j ~ ~I i~ ~ \/)', z I ~I 0: ~fr~ I, ! """" i-'ll :L. .~. ;Hlf ,--1 L... J.31~'k1\fH @ .. . =c.l' ~ ~!: ~ &!-.... l:r-'::: =3~~ ~ ~: 2: c~.~ =:~-J ~:3"'~ !:Qu u>~ !~e'" .0....""0 III z~ ~ ..... ... .. ct ~ 0 w ~ . '" ., @ TO, ~~ ~~~ Owner I Appli cant l-a<< d oS Ib 411"1~1 D..e.v 0,1 File Location q53-~3 ~ T~ /1-tjLti~ f2cl c=J The application is not approved for the following reason(s): c=J The application is approved subject to the following conditions: ~ A sanitary sewer connection will be required. No sewers are available, therefore, in order to determine the amount of drainfield required for a septic tank system, percolation tests will be necessary. Individual sewage disposal requirements have been determined for this site. A septic tank permit will be issued for construction of a system which must then be built in conformance with Bulletin "A" or local ordinance. lineal feet of subsurface leaching line with room for 100% expansion and a gallon capacity tank will be required. Existing septic tank(s) must be pumped and backfilled in accordance with Environmental Health standards. A bond in the amount of $ should be posted with to ensure completion of work. Contact the district Sanitarian for final inspection upon completion. 'I- SANTA CLARA COUNTY ENVIRONMENTAL HEALTH SERVIC~S LAND DEVELOPMENT REPORT Date 4--3-84 No: if) ') 'f 0 . ~; ~ ") l p" I J Domestic water shall be supplied by an approved water system or individual well(s) installed to Environmental Health standards. ~~k) W' by Domestic water shall be supplied by Seal well in accordance with county standards. amount of $ should be posted with to ensure completion of work. Provide water agreement for existing well. Submit revised plot plan to scale (1" = 20') showing house, driveway, appurtenant structures and required drainfield to contour. A bond in the Leach lines must be at least 50 feet from any swale or from any cut bank over 3 feet and must be at least 100 feet from any existing or proposed wells. * Addi tional Comment s ~1N'\ItU;y01.k~ J wu(<. C~~ It<<~ a., t tQa":>t- 1_ I\IA.o k-\. luJ>u.e.- t LV I ,q, \.Q c.h. cCLt rIDl"-f Cch":1 JKJ st C'n g 2'0<" L dO -iW--s lot.s hu ~ lbV\ ct e e.LAAA/lI1A..(/.l W~ 1:J { ~ l ~ Conditioned by: I\J... PU/ku.Sk.fL... Approved by: (l~~tUcA YQc..l5 District Sak'itarian Supe rvi sing S ani t arian 2220 Hoorpark Avenue San Jose, CA 9)128 (408) 299-6060 S)4217 REV ~/86 WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY SERVING RESIDENTS OF CITY OF CAMPBElL TOWN OF LOS GA TOS CITY OF MONTE SERENO CITY OF SARA TOGA UNINCORPORA TED AREA 100 East Sunnyoaks Avenue Campbell, California 95008 Telephone (408) 378-2407 April 5, 1989 RECEIVED APR 06 1989 PUBLIC WORKS ENGINEERING James Penoyer City of Campbell 70 North First Street Campbell, CA 95008 RE: Tentative Subdivision Map Lands of Ainsley Dev. Corp Dear James: Sewer service can be made available to this property with a sewer extension from the existing sewer in San Tomas Aquino Road. ~y truly yours,r pr~i hols Assistant District Engineer cc: Civil Engineering Associates (FORMERL Y COUNTY SANITATION DISTRICT NO, 4) TO: City Clerk ~ I Please collect & receipt for the following monies: PUBLIC ~KS FILE NO. ;v' / !\ 1"/ t..\J I ( ~/ '... 35-3396 ACCT ITEM AMOUNT RECEIPT NO, $ Project Revenues (specify project) Public ~ks Excavation Permit Fees: Application Fee Plan Check Deposit Faithful Performance (Cash) Deposit R-1: ($ 35) 3372 3521 3521 3521 Other Cash Deposit (specify) ($200) 3372 Plan Check & Inspection Fee 3373 Project Plans & Specifications ($10) 3373 General Conditions, Standard Provisions & Details ($10 or $1/page) 3373 "No Parking" signs ($1/ea. or $25/100) 3373 Work Area Traffic Control Handbook ($5) 3373 Traffic Flow Map ($10) 3380 Traffic Data Services ($40/hr. + material costs) 3373 Map Revisions to Map Companies ($10) 3373 Copies of Engineering Maps & Plans ($.50/sq. ft.) 3520 Fire Hydrant Maintenance ($195/ea.) Other: ($ 50) ($500) (100% of) (ENGR. EST) (4% of FPB) ($500 min.) (7% of FPB) ($ 35 min.) Tentative Parcel map Filing Fee ($350) Final Parcel Map Filing Fee ($300) Tentative Tract Map Filing Fee ($400) Final Tract Map Filing Fee ($350) Lot Line Adjustment Fee/Certificate of Compliance ($350) Vacation of Public Streets and Easements ($500) Assessment Segregation or Reapportionment First Split ($500) Each Additional Lot ($150) Environmental Assessment: Categorical Exemption ($500 plus actual cost Negative Declaration above $500) Storm Drainage Area Fee per Acre (R-1, $1,875; Multi-Res., $2,060; all other, $2,250) Park Dedication In-lieu Fee per Unit ($1,132) 3372 3370 3395 3380 Public Works Special Projects 3510 Postage TOTAL PERMITTEE A I'll.> l-ev . / NAME OF APPLICANT n.c0. ( t\ LJ ./ ADDRESS 'Po 1)D r 7.~ -r;-J Co, / FOR CITY CLERK ONLY aJi ;.-! ~ ~o-f! 9 RECEIVED BY DATE PHONE q 0 [) '"',1:::::::- l..j.! .:3 '7 . o--e> $ 40t9 - ZIP cy J7 rb @M