1466 Vale Ave. (1991)
Cill' (i/ ( 'tlll/f)Uell
City
Council
Report
Item:
Category:
Date:
Consent Calendar
October 1, 1991
Title:
street Improvement Agreement with Clyde Kennedy Jr. for
1466 Vale Avenue (Resolution/Roll Call)
RECOMMENDATION
1. Adopt the attached resolution authorizing the Mayor to
execute an agreement with Clyde J. Kennedy Jr. and Michelle M.
Kennedy to install street improvements adjacent to 1466 Vale
Avenue.
DISCUSSION
The owner applied for a building permit to remodel his residence
at 1446 Vale Avenue. The City Code requires a property owner to
arrange for the installation of street improvements when the
owner is adding more than fifty percent to the area of the
existing structure and the property fronts on an unimproved
street The enclosed agreement obligates the owner to install
street improvements within one year from the date he is notified
to do so by the City Engineer.
FISCAL IMPACT
None
Prepared by: Approved by:
Eng. Tech.
Pub. Wks. Dir. City Manager
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L-
RESOLUTION NO
BEING A RESOLUTION AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CLYDE
KENNEDY JR. FOR STREET IMPROVEMENTS AT
1446 VALE AVENUE
BE IT RESOLVED, by the City Council of the City of Campbell,
California as follows:
1. The Mayor is authorized to execute an agreement with Clyde
J. Kennedy Jr. and Michelle M. Kennedy to install street
improvements at 1446 Vale Avenue.
PASSED AND ADOPTED this
following vote:
day of
, 1991 by the
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
APPROVED:
Michael F. Kotowski, Mayor
ATTEST:
Barbara Olsasky, City Clerk
~Q!i~~tl~!!1
THIS AGREEMENT (identified as No. Pld 50 ) made and entered
into this day of , 19_, by and
between CLYDE J. KENNEDY JR. and MICHELE M. KENNEDY, husband
and wife 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, Owner, or his contractor, has applied for a
building permit to construct certain modifications to the
residence upon that certain real property described as Lot 8,
Block 4, Tract 329 filed August 27, 1946 in Book 11 of Maps, at
pages 40 and 41 Santa Clara County Records and commonly known
as 1466 Vale Avenue, which property is hereinafter referred to
as "said real property";
WHEREAS, compliance with the terms and conditions of this
agreement are required by Section 11.24.040 of the City Code;
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 when owners or their successors are
notified to do so by the City Engineer.
(2) All of said improvements shall be constructed and/or
installed within 12 months from the date that Owners, or their
successors, 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, and other delay beyond the
control of Owners shall be excluded.
It is further expressly understood that the purpose of this
agreement is to defer construction of the above-mentioned
improvements until some future date more conducive to the
overall needs of the City of Campbell. In keeping with this
understanding, the right of the City to give any of the notices
specified herein in Section (2) of this Agreement to install
such improvements, or to require construction or installation
of such improvements, or to install such improvements itself
and recover the costs thereof shall not be barred by the
passage of time or delay by the City, but shall remain open and
enforceable indefinitely and forever. It is also understood
that the passage of time or any delay caused by the City shall
not relieve the Owners, or their successors, from performance
under this Agreement, but that the Owners, and their
successors, shall remain bound indefinitely and forever. Any
increased construction or preparation costs caused as the
result of the passage of time shall be the resopnsibility of
the Owners, and their successors.
Nothing herein shall be deemed to prohibit construction of said
improvements prior to notice by the City Engineer to construct
or install such improvements, provided that prior to such
installation, all of the provisions of Section (3) shall be
satisfied.
(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 ten
percent (10%) of the estimated cost of the improvements at the
time of construction.
2
(6) Owner, or his successors, shall file with City, prior
to approval of the plans by the City Engineer, surety
acceptable to the City 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 of its full value.
(7) Upon final release of said surety by City, the
obligations of Owner, and his successors, contained in this
Agreement shall be considered null and void.
(8) When called upon by City to do so, Owner, or his
successors, will execute a petition for the formation of any
special assessment district created pursuant to any special
assessment act as provided in the Streets and Highways Code of
the State of California created for the purpose of constructing
and/or installing any or all of said improvements.
(9) Owner, or his successors, shall participate in and
become a part of any special assessment district as described
in paragraph (8) of this Agreement.
It is expressly understood that any obligations of Owner,
or his successors, contained in this Agreement that are
accomplished to the satisfaction of said City Engineer by said
special assessment district shall be considered null and void.
(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
3
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
said sum shall be a reasonable allowance for severance damages,
if any. It is further provided that in addition thereto such
sums as may be required for legal fees and costs, engineering
and other incidental costs shall be deposited with the City.
(14) Owner, or his successors, shall carry out any and
all negotiations with all interested parties and shall perform
or cause to be performed at his own cost and expense and to the
satisfaction of the City Engineer any and all work required to
abandon, remove, raise, lower, relocate and otherwise modify
irrigation line or lines within the boundary of said real
property.
(15) To the fullest extent permitted by law, Owner, and
his successors, shall indemnify, defend and hold the City of
Campbell, and its agents, employees, attorneys, officers,
officials and assignees harmless from any and all claims,
damages, losses and expenses, including, but not limited to,
attorneys' fees, arising out of, or resulting from any
negligent or intentional act or omission (including misconduct)
of said Owner, or his successors, or any subcontractor, or
anyone directly or indirectly employed by him, or anyone for
whose acts any of them may be liable in the course of
4
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 1466 Vale Avenue, and the City's
property, commonly described as Vale Avenue 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
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.
5
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.
APPROVED AS TO FORM:
CITY OF CAMPBELL
william R. Seligmann,
Michael F. Kotowski, Mayor
City Attorney
Barbara Olsasky, City Clerk
OWNER:
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C; e./~/; '/. . ~rt-7<-'r<) .
I Clyde / J. Kennedy Jr. .?/ .
'--fY.l r: 1.1 e ( ~ 1<f 4~ ~
Michele M. Kennedy
6
NOTARY FOR INDIVIDUAL SIGNATURE
County of
Santa Clara
I
I SSe
I
STATE OF CALIFORNIA
On thi s 5th
day of
July
, 19 ~, before me, Barbara S. Olsasky.
a Notary Public in and for the County of
Santa Clara
, State of
California, residing therein, duly commissioned and sworn, personally appeared
Michele M. Kennedy and Clyde J. Kennedy, Jr.
personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person whose names___ subscribed to the within instrument and acknowledged
to me that
they
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal of
the aforesaid County and State the day and year in this certificate first above
written.
No
County of
Santa Clara
State of California
My commission expires 2/15/92
"NOTARY SEAL"
OFFICIAL SEAL
S" ' BARBARA S OLSASKY
, Ill- : NOTARY PUBLIC - CALIFORNIA
Sl\NTA Cl!ARA 00UNlY
My comm. expires FED 15, 1992
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, ,~COMMONWEALTH w
lAND TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
3'7'-(
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_2020 S. Bascom Ave., Ste, G_ 3484 Stevens Creek Blvd. _ 676 Blossom Hill Road
Campbell. CA 95008 San Jose, CA 95117 San Jose. CA 95123
(408) 371-1330 (408) 244-5005 (408) 629-0111
_MAIN OFFICE:
333 W Santa Clara St., Suite 110
San Jose, California 95113
(408) 998-4646
X
_ 800 EI Camino Real West
Ste_ 100, Mountain View, CA 9404C
(415) 965-8833
LMSC FEDERAL CREDIT UNION
P. O. Box 3643
Sunnyvale, California 94086-3643
PRELIMINARY REPORT
OUR NO:
211094
YOUR NO:
Attn: Evelyn Avery
BUYER:
PROPERTY ADDRESS: 1466 Vale Avenue, Campbell, CA
In response to the above referenced application for a policy of title insurance, the insurer hereby reports that
it is prepared to issue by Commonwealth Land Title Insurance Company, as of the date hereof, a Policy or Policies
of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against
loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception
below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said pol icy
forms.
The printed Exceptions and Exclusions from the coverage of said POlicy or Policies are set forth in Exhibit A
attached. Copies of the POlicy forms should be read. They are available from the office which issued this
report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a pOlicy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
THIS REPORT IS SUBJECT TO A CANCELLATION CHARGE AS REQUIRED BY SECTION 12404 OF THE
INSURANCE CODE AND RULE 2 OF THE DEPARTMENT OF INSURANCE BULLETIN 74-2.
DATED: March 7, 1991
at 7:30 a.m.
ESCROW OFFICER: CAROL A. STECK
The form of policy of title insurance contemplated by this report is: CLTA and/or ALTA.
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A Fee
Title to said estate or interest at the date hereof is vested in:
CLYDE J. KENNEDY, JR. AND MICHELE M. KENNEDY,
husband and wife
The land referred to in this Report is situated in the City of Campbell, County of
Santa Clara, State of California, and is described as follows:
Lot(s) 8, Block 4, Tract No. 329, filed August 27, 1946 in Book 11 of Maps, at
page(s) 40 and 41, Santa Clara County Records.
At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said
policy form would be as follows:
/ITft
.' ' COMMONWEALTH
lAND TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
/11 Vtv
/ "
_2020 S. Bascom Ave,. Ste. G_ 3484 Stevens Creek Blvd_ _ 676 Blossom Hill Road
Campbell. CA 95008 San Jose, CA 95117 San Jose. CA 95123
(408) 371-1330 (408) 244-5005 (408) 629-0111
_MAIN OFFICE:
333 W Santa Clara St., Suite 110
San Jose, California 95113
(408) 998-4646
X
_ 800 EI Camino Real West
Ste. 100, Mountain View, CA 9404C
(415) 965-8833
LMSC FEDERAL CREDIT UNION
P. O. Box 3643
Sunnyvale, California 94086-3643
PRELIMINARY REPORT
OUR NO:
211094
YOUR NO:
Attn: Evelyn Avery
BUYER:
PROPERTY ADDRESS: 1466 Vale Avenue, Campbell, CA
In response to the above referenced application for a policy of title insurance, the insurer hereby reports that
it is prepared to issue by Commonwealth Land Title Insurance Company, as of the date hereof, a Policy or Policies
of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against
loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception
below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said pol icy
forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A
attached. Copies of the Policy forms should be read. They are available from the office which issued this
report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a pOlicy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a pOlicy of title insurance, a Binder or Commitment should be requested.
THIS REPORT IS SUBJECT TO A CANCELLATION CHARGE AS REQUIRED BY SECTION 12404 OF THE
INSURANCE CODE AND RULE 2 OF THE DEPARTMENT OF INSURANCE BULLETIN 74-2.
DATED: March 7, 1991
at 7:30 a.m.
ESCROW OFFICER: CAROL A. STECK
The form of pOlicy of title insurance contemplated by this report is: CLTA and/or ALTA.
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A Fee
Title to said estate or interest at the date hereof is vested in:
CLYDE J. KENNEDY, JR. AND MICHELE M. KENNEDY,
husband and wife
The land referred to in this Report is situated in the City of Campbell, County of
Santa Clara, State of California, and is described as follows:
Lot(s) 8, Block 4, Tract No. 329, filed August 27, 1946 in Book 11 of Maps, at
page(s) 40 and 41, Santa Clara County Records.
At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said
policy form would be as follows:
/
rder No. 211094
1. Taxes for fiscal year 1991-1992, a lien not yet payable.
2.
General and special
Parcel No.
Code Area
First Installment
Second Installment
Land
Improvements
Owner's Exemption
Personal Property
taxes for the fiscal year 1990-1991.
406-23-045
10-026
$1,140.83 paid
$1,140.83 open
$86,353.00
$130,050.00
$7,000.00
None
3. The lien of supplemental taxes, if any, assessed pursuant to provlslons of
Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the
State of California, and/or any additional taxes which may be assessed for added
improvements or changes of ownership, subsequent to March 1, 1975.
4. Covenants, Conditions and Restrictions, but deleting restrictions, if any, based
on race, color, religion or national origin, in an instrument
Recorded August 29, 1946 in Book 1372, Page 375, Official
Records
Contains no reversionary clause.
5. An easement affecting the portion of said land and for the purposes stated
herein, and incidental purposes, as contained in the instrument
In Favor Of PACIFIC GAS AND ELECTRIC COMPANY, a California cor-
poration and PACIFIC TELEPHONE AND TELEGRAPH
COMPANY, a California corporation
For anchors
Recorded June 13, 1947 in Book 1478, Page 207, Official
Records
Affects South 1 1/2 feet of the West 20 feet
Instrument No.
Address
Loan No.
indebtedness of the amount stated herein
June 6, 1988
$187,600.00
CLYDE J. KENNEDY, JR. AND MICHELE M. KENNEDY, hus-
band and wife
CALIFORNIA RECONVEYANCE COMPANY, a California cor-
poration
GREAT WESTERN BANK, a federal savings bank
June 24, 1988 in Book K 580, Page 1222, Official
Records
9735783
P. O. Box 1900, Northridge, CA 91328
0-641608-7
6. A Deed of Trust to secure an
Dated
Amount
Trustor
Trustee
Beneficiary
Recorded
Page 2
rder No. 211094
7. THE RECORDS DISCLOSE THE FOLLOWING LIENS AGAINST PARTIES HAVING THE SAME OR
SIMILAR NAME AS CLYDE JAMES KENNEDY, JR., ONE OF THE VESTEES HEREIN. INQUIRY
SHOULD BE MADE TO ESTABLISH THE IDENTITY OF THE PARTIES:
An Abstract of Judgment for
Case No.
Court
Instrument No.
the amount herein stated and any other amounts due
50433
MUNICIPAL COURT OF CALIFORNIA, COUNTY OF SAN MATEO,
SOUTHERN JUDICIAL DISTRICT
CLYDE JAMES KENNEDY
JAMES P. McLAUGHLIN
$2,424.52
March 12, 1982
March 30, 1982 in Book G 695, Page 105, Official
Records
7325251
Debtor
Creditor
Amount
Entered
Recorded
NOTE 1:
The acquisition
two years prior
Grantor
Recorded
instrument and any other conveyance affecting said land within
to the date of this report, as follows:
ROBERT T. BRIODY AND GINA M. BRIODY, who acquired
title as Gina M. Delucchi, husband and wife
CLYDE J. KENNEDY, JR. AND MICHELE M. KENNEDY, hus-
band and wife
June 24, 1988 in Book K 580, Page 1221, Official
Records
Grantee
NOTE 2: As of January 1, 1990, Chapter 598, California Statutes of 1989 (AB 512;
Ins. Code Sec 12413.1) becomes effective. The law requires that all funds be
deposited and available for withdrawal by the title entity's escrow or subescrow
account prior to disbursement of any funds. Only cash or wired funds can be
given immediate availability upon deposit. Cashier's checks, Teller's checks and
Certified checks may be available one business day after deposit. All other
funds such as personal, corporate or partnership checks and drafts may cause
material delays in disbursement of funds on this order. In order to avoid
delays, all funding should be wire transfer. Outgoing wire transfers will not be
authorized until confinmation of the respective incoming wire transfer or availa-
bility of deposited checks. (It is the policy of Commonwealth Land Title Company
not to accept cash.)
(ARB #405-19-008)
LID 6/24/88
CC/erg
Page 3
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