40 Union Ave. (82-03)
,
IU Nann rlrst ::>treet ~V ~
. ...-- .....- Campbell, California 95008 -1/.'//~~'IJ)Ji rwJ1/ :, '.'
TO BE RECOR'0ED WlTkiOUT Fee ..J ,\ ,. ~ ' ) "\
:CTlON 6103 GOVERNMENT CODE 1'\.1 -~
THE REQUEST OF CITY Of CAMPBEU l). \ ~-
NOTICE OF COMPLETION ~
~<V
NOTICE is hereby given that CITY OF CAMPBELL as OWNER ~
and Joseph Elliott
the undersigned, as City Engineer caused street
improvements to be constructed upon the
property hereinafter described.
That the work on sai d street
improvements was actually accepted on the 20th day
of Ml'lrch , 19 84.
That the name of the
Contractor
for
said owner is
K.D. Swanson & Co, Inc
That the nature of title of said city to said
street improvements is that of owner in fee simple,
and the names and addresses of all owners of said property are:
NAME
B045150 .
I 487 t'~Gt 491
FILE' F'A Rfe.,.,
t4~E~
Arn 25 8 .56 M~ .3~
OFFICIAL RECORDS
Abo~~~A\~~~b~der
rtFr.t,~1'UR RfCOR8EA
ADDRESS
city of Campbell
70 North First Street
Campbell, CA 95008
That the property herein referred to and on which said street improvments
are located is situated in the City of
Campbell, County of Santa Clara, State of California and described as follows:
40 Union Avenue, PD 82-38 & (217)
and having the following address:
Dated
April 13
, 19. 84
7~/~
oseph Elliott
city Engineer
1 of 2
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frill' OF CJ\MPBELL
75 NORTH CENTRAL AVENUE
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408l 378.8141
Department: Public Works
May 1, 1984
K. O. SWanson & Co., Inc.
1270 Lawrence Station Road
Surmyvale, CA 94086
SUBJECT: CITY COUNCIL ACCEPI'ANCE
40 UNICN AVENUE
Gentlerren :
The City Council at their meeting of March 20, 1984, adopted
Resolution No. 6704 accepting irrproverrents at 40 Union Avenue.
A copy of this Resolution is enclosed for your records.
Thank you for your cooperation in this natter.
Sincerely,
Joseph Elliott
Director of Public Works
Charlene M. Case
Adrninistrati ve Aide
c:M: :mt
enclosure
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'yYt1:.., G (2 2 )
RESOLUTION NO. 6704
BEING A RESOLUTION ACCEPTING IM-
PROVEMENTS AT 40 UNION AVENUE
WHEREAS, the City Council has been advised by the City
Engineer that all improvements at 40 Union Avenue have
been completed in accordance with that agreement en-
tered into July 31,1969, by and between the Oriental
Missionary Society Santa Clara Valley Holiness Church
and the City of Campbell, concerning said development;
and
WHEREAS, the City Engineer recommends acceptance of the
improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council that
the improvements at 40 Union Avenue be, and the same are
hereby, accepted, and that the City Engineer is hereby
ordered to record a Notice of Completion of said im-
provements.
PASSED AND ADOPTED this 20th day of March
1984, by the following vote:
AYES: Councilmen: Chamberlin, Ashworth, Kotowski, Doetsch
NOES: Councilmen: None
ABSENT: Councilmen: None
APPROVED:
t~ayor
ATTEST:
& io!~erk
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ORIENTAL MISSIONARY SOCIETY
Santa Clara Valley Holiness Church
40 South Union Avenue
.
Campbell, Calif. 95008
.
Phone: 377-9711
Ministers:
Daniel Shinoda
18orokt~ Sekig'Uchi
N ob'Umichi M 'Uf'akami
",UGlJST 17. 1973
MR. WILLIAM G. WREN
01RECTOR OF PUBLIC ~ORKS
CITY OF CAMPBELL
7';: No. CENTRAL
CAMPSELL, CALIF. 95008
UEAr:.: f"1H. ','iREN:
~HEN WE OBTAINED A BUlLriNG PERMIT ~OR OUR LATE~T ADDITION
WE WERE REQUIRED TO P~T UP A PERFORMANCE ROND FOR SIDEWALK AND
STREET IMPROVEM:::NTS. '-'!E ALSO \-!ERE TOLD THAT TYE CITY HAl' NOT
COMPLETED T~EIR PLANS F0R UNION "VENUE THEREFORE WE WOULD NOT
DE REQUIRED TO PERFORM UNTIL PLANS WERE FINALizeD AND ALL PRO-
PERTY OWNERf ON UNION AGREED TO MAKE THE I~PROV[MENTS.
THE INSURANCE COMPANY CANNOT PEL EASE us rROM THE HONe
PREMIUMS wiTHOUT ynUR PERMISSION.
IF THESE IMPROVEMENTS APE IMMIN~NT WE WOULD LIKE TO KNOW
BECAUSE \-.'E WOULD HAVE TO LAUNCH A F'JND DRIVE Tfl ~1EET TI"E ~!EED.
'F THE YAP C NOT, CAN Y () U r, I V EllS f\ T 1r1 eTA f". C . 1FT HE 1''' p p.J v C-
MENTS ARE STILL SOMETIMf IN THE r:"UTiJPF WHAi ~)O "au ~.Ur,r:EsT AS
A PRACTICAL I>.ppnOACH TO THE REL:::/\SE F~~,)M THE At:N:":AL 8CND PAY-
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July 24, 1969
Oriental Missionary Society
Santa Clara Valley Holiness Church
40 Union Avenue
Campbell, California
ATTENTION: Mr. R. H. Sueda
SUBJECT: Proposed Union Avenue Street Dmprovements
Dear Mr. SUeda:
In answer to your request for further information concerning
the proposed street ~provements on Union Avenue, as provided
for in the Agreement, we wish to advise you that the City's
current plans are to provide for a sixty-foot right-of-way.
This provides sufficient right-of-way for constructing the
street improvements as shown in the enclosures. In general,
this provides thirty feet on your half of the street for
constructing eighteen feet of street paving, a two and one-half
foot curb and gutter, a four and one-half foot planting strip,
and a four and one-half foot sidewalk. This would leave a six-
inch strip of land adjacent to the back of sidewalk belonging
to the City of Campbell.
If you should have any other questions concerning the provisions
of the Agreement, please feel free to contact our office at
your convenience.
Very truly yours,
BILL M. HELMS,
ASSOCIATE Civil Engineer
By Cruz S. Gomez,
Civil Engineer, Jr.
BMWCSG:al
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CERTIFICATE
OF
RESOLUTION
I hereby certify that at a special meeting of the Board
of Trustees of ORIENTAL MISSIONARY SOCIETY SANTA CLARA VALLEY
HOLINESS CHURCH, a voluntary society for religious purposes,
held on the 6th
day of July, 1969, at the Oriental Missionary
Holiness Church, in the City of Campbell, County of Santa Clara,
State of California, at which said meeting a quorum was present
and acting throughout, the following resolutions were unanimously
adopted and they have not been amended, revoked or modified and
ever since have been and now are in full force and effect:
"RESOLVED, that the Board of Trustees of this cor-
poration have unanimously deemed it desirable and in the
best interest of the corporation to enter into an agree-
ment with the City of Campbell whereby this corporation
shall construct at its own cost and expense upon its real
property, throughout its frontage on Union Avenue, public
street improvements as set forth in the copy of the agree-
ment attached hereto as part of these minutes; and to grant
to the City for such purposes a street right-of-way on said
Union Avnue;" and
"RESOLVED FURTHER, that ROBERT M. SHIOSAKI, President
and SEIYU HIGASHI, Secretary were duly authorized and dele-
gated to execute the agreement and the conveyance to the
City of Campbell and empowered to sign, as and for this
corporation, any other papers necessary to effect the pur-
poses of the foregoing resolution and hereby ratifying and
confirming all acts lawfully done by virtue of the foregoing
resolutions,"
IN WITNESS WHEREOF, I have hereunto set my hand this 4th
day of August, 1969.
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AGREEMENT
THIS AGREEMENT, made and entered into this 31st day of
.1111 ~ 19..6.2.-, by and between the ORIEJ.1TAL MISSIONARY
SOC STY SANTA CLARA VALLEY HOLINESS CHURCH, a non-profit California
Corporation, hereinafter referred to as "owners," and the CI'l'Y OP
CAMPBELL, a municipal corporation of the County of Santa Clara, State
of California, hereinafter referred to as "City."
WITNESSETH:
WHEREAS, Owners did heretofore on June 17, 1969, apply to City
for a building permit in order to construct a structure and/or building
upon that certain real property described upon that certain instrument
recorded Pebruary 14, 1963, and filed in Book 590& of Official Records
at Page 672 in the office of the County Recorder of said County of
Santa Clara, which real property i8 hereinafter referred to as IIsaid
real property II i and,
WHEREAS, OWners shall, as a condition of the granting by City
of said building permit, dedicate unto said City right-of-way for
Union Avenue; and
NOW, THEREJ'OR, IT IS MUTUALLY AGREED TO by and between the
parties hereto that owners shall install and/or construct at their
own cost and expense upon said union Avenue throughout the frontaqe
of said real property public street tmprovements consisting of, but
not limited to, the following:
FIRST: Construct City of campbell standard r3sidential side-
walk, driveway approache., curb and gutter, all consisting of Portland
Cement concrete.
SECOND: Provide and install street name signs, and regulatory
signs, and sign posts as required by the City Engineer of City.
THIRD: Grade said real property to drain into the streets,
unless determined impractical by the City Engineer of City.
FOURTH:' Provide and install a water distribution system to
serve said real property, including fire hydrants and appurtenances.
FIFTH: Provide and install a sanitary sewerage system to
serve said real property
SIXTH: Provide and plant street trees of a variety and size
as required by said City Engineer.
SEVENTH: Provide and construct a storm water drainage system
to serve said real property.
EIGHTH: Provide and install a street lighting system consisting
of, but not Itmited to, steel pol.., concrete pole bases, upsweep
1 of 4
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bracket arms. luminaires witb individual inteqral photo-electric
cells. underground electrical conduits with conductors, and junction
boxes, and pole risers.
NINTH: Construct street p&VtDent structures consisting of
asphaltic concrete surface course with underlyinq untreated crushed
rock-baae course as approved by said City Engineer.
TENTH: Install an underground electrical energy and telephone
system to aerve said real property.
(1) All of said ~rovements ahall be constructed and/or
installed within twelve (12) months from the date first above written
provided, however. that in the computation of said twelve~nth
period, delays due to or CAused by acta of God, Viz.. unusually
inclement weather, major strikea, or other delays beyond the control
of owners shall be excluded.
It i8 expre.sly understood and agreed to that if Owners ahall
fail to complete the work required by this agreeaent within the said
per iod of twelve (12) months from the date hereof, City after giving
ten (10) days written notice thereof to OWners may complete the work
and recover the full coat and expense thereof from owners.
(2) It is further agreed to that owners Shall prepare or cause to
be prepared ~rov..ent plans for the construction of said public
street ~provements by a civil engineer licensed in the State of
California, which plans shall be subnitted to said City Engineer for
his examination and approval.
(3) It i8 further agreed to that all of said tmprovements shall
be constructed in accordance with those plans approved by the City
En<J1neer of City, and shall be made under the inspection and to the
satisfaction of City Enqineer. It is further agreed to that said
construction shall be in accordance with the existing ordinances and
resolutions of the City of Campbell, and to all plans, specifications,
standards, sizes, lines and grades approved by City Engineer, and all
state and County statutes applicable thereto.
(4) It is further agreed to that the construction work of the
1aBpro~nts embraced by this agreement shall be done in accordance
with ti..e standard specifications of the Department of Public rJorka,
Dli71.,1P~ of Highways, state of California, dated January. 1960, and
in accordance with the specifications of the City of Campbell, and
Sanitation District No. 4 of santa Clara County, where indicated.
WHEREVER the 'WOrd "State" or words "Division of Hiqhways" are
mentioned 1n the Stat. Specifications. it ahall be cons1dere4 as
refe.rrinv ~ the City of CUpbell. Also, wherever the IfD.lrector" or
"Director of PW:>>lic Work. II 1. mentioned. 1t aba11 1M
re&nlat t.o the Clt.y Engineer.
-
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In ca.. of conflict between the State Specifications and the
Specifications of the City of campbell and sanitation District No. 4
of Banta Clara County, the Specifications of the City of Campbell and
Sanitation District No. 4 of santa Clara County shall take precedence
over and be used in lieu of such conflicting portions.
(5) It is further agreed to that OWner shall file with City,
upon execution of this agreement, a bond in the amount of
SIX THOUSAND SEVEN HUNDRED FIFTY and No/100 Dollars ($6,750.00)
to in8ure full and faithful performance of the construction of all the
aforementioned improvement work, excluding sanitary sewers and water
distribution system. Said bond shall guarantee that owner shall
correct any defects in the aforementioned improvements which shall
appear within one (1) year fran the date of acceptance of the work
by City and pay for any damage to other work resulting frOOl 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.
(6) It is further agreed to that City reserves the right to
revise storm drain design shown on approved improvement plans provided
owner is given reasonable written notice of City's intention to make
revisions. Reimbursement amount will be adjusted by difference
between revised storm design and presently approved storm design,
in accordance with City of campbell Storm Fee Schedule.
(7) It is further agreed to that owners shall, upon written
notice thereof, ~ediately repair or replace without cost or obliga-
tion to the City of Campbell, and to the entire satisfaction of said
City, all defects and imperfections arising out of or due to faulty
workmansh~ and/or materials appearing in said work within a period
of one (1) year after date of final completion and acceptance.
(8) 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 electroliers within said real
property, when Owners are notified by either ti1e City Engineer of
Campbell or the Pacific Gas and Electric Company that the said fees
are due and payable.
(9) 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 Works when called upon to do so to insure the installation
of a water distribution system to serve said real property.
(10) 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 ahall 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
3 of 4
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cover Lng the reasonable market value of the land propoMci to be
taken and to be included in said sua shall be a reasonable allowance
for severance daJaagea. if any. It is further provided that in
addition thereto such 1lUlti.8 as may be required for l89al fees and
coats, enqineering, and other incidental coats ahall be deposited
with City by OWners.
(11) It is further agreed to that owners ahall carry out any
and all ne<jotiationa with all intere.ted partie. and shall perf01."lll
or caus. to be perfo.rJDed at their own coat and expen.. and to the
satisfaction of the City .l!:ngineer any and all work required to abandon,
remove, rai.e, lower, relocate, and otherwi" modify irrigation line
or linea within the boundary of said real property.
(12) It ia further agreed to that owners shall indemnify and
.ave barIlill..s the Cit.y of Otapbell. the City Council, and the City
Engineer, and all other officers or -.ploy... of City from any suits,
claws, or actions brought by any person for or on account of any
inj ur le. or daIa"eato persona or propert.}' sustained or ar iaing in
the construction of the on-alte '-ork due to any acts, OIIliaatons. or
negligence of OWner.; their officers, agent., employee., or contractors.
I
(13) It 1. further agreed to that the above-~ terms and
conditions ahall bind the heirs, successors, administrator., or
as.igna of OWners.
IN wnUBS WHERBOP, Mid City has cau8ftd ita name to be hereunto
affixed by its Mayor and City Clerk, thereunto duly authorized by
rellOlut.1on of the Cit.y Council, and ..i4 OWners have hereunto caused
the1rname to be affixed the day and year first. above written.
CITY OF CAMPBELL
Mayor
--"--~-""'"'--
City Clerk
ORI.&NTAL MISSIONARY SOCIm'!i SANTA ClARA
VALLEY HOLIDS& CHURCH
APPROVED AS TO FORM:
,
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Joaeph A. Bonacina.
City Attorney
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(Notary Certificate)e
4 of 4
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
)
) ss.
)
On July 31, 1969, before me, the undersigned, a Notary
Public in and for said County and State, personally appeared
ROBERT M. SHIOSAKI and SEIYU HIGASHI known to me to be the
Pre~3ident and Secretary of the corporation that executed the
within instrument on behalf of the corporation therein named,
and ac1.nc'wledged to n:e that ~uch corporation executed the t"ith-
in In<:trllIDent pursuant tc a resolntion of its board e,f Trustee.:;.
Witness my hand and official seal.
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fyu." d (8.2 )
July 14, 1969
Mr. Toshio Harunaga
Attorney at Law
940 North First Street
San Jose, California
SUBJECT: Oriental Missionary Society
Santa Clara Valley Holiness Church
140 Union Avenue, Campbell
Dear Mr. Harunaga:
Enclosed please find a Grant Deed for street right-of-way on
Union Avenue and an agreement for the construction of the
street improvements in front of 140 Union Avenue.
Would you please insert in the documents the names of the
offioers Who are authorized to execute them.
Please return the original and one copy of each document
after they are properly executed.
It is also requested that you enclose a certified copy of the
corporate resolution Which authorizes the officers of the
corporation to enter into the agreement and to grant the right-
of-way.
Also enclosed are bond forms which are also to be returned to us.
Please contact us should you have any questions.
Very truly yours,
BILL M. HELMS,
ASSOC rATE CIVIL ENGINEER
CSG:cc
By Cruz S. Gomez,
civil Engineer, Jr.
Enclosures
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McG. (82)
July 7, 1969
Mr. Al autle4ge
20 Harold Avenue
san Jose, California
SUBJECT: 40 Union Avenue
Chljrch Remodelinq
Dear Mr. Rutledge:
Please be advi.sed that the Church 18 required to dedicate
the Union Avenue right-of-way to provide for a 60-foot8treet
arid is also reqUired to enter into an agreement with the City
to install the street tmprovement8.
Please furnish U8 with a copy of the recorded Grant Deed by
which the Church acquired title to the property so that we can
prepare the above instruments.
Very truly yours,
BILL H. HELMS,
ASSOCIATE CIVIL ENGINEER
By Cruz S. Galle z,
Civil Engineer, Jr.
CSG:al
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