1386 White Oaks Rd. (71-7)
RESOLUTION NO. 5829
BEING A RESOLUTION AUTHORIZING EXECUTION OF
ODELL J. AND MARIA L. MITCHELL AGREEMENT
WHEREAS, Odell J. and Maria L. Mitchell have submitted to
the City Council of the City of Campbell an Agreement, identified
as No. WO(3), which covers certain conditions of approval of the
development of their real property;
NOW, THEREFORE, BE IT RESOLVED by the City Council that the
Mayor be and he is hereby authorized to execute said Agreement on
behalf of said City.
PASSED AND ADOPTED this 23rd day of June
19 80 , by the following vote:
AYES: Councilmen:
Paul, Chamberlin, Podgorsek, Hammer
NOES: Councilmen:
None
ABSENT: Councilmen:
Doetsch
APPROVED:
Russell J. Hammer
Mayor
ATTEST:
Phyllis O. Acker City Clerk
A G R E E MEN T
THIS AGREEMENT (identified as WO(3)) made and entered into this
day of , 19 , by and between ODELL J. MITCHELL and
MARIA L. MITCHELL, husband and wife, hereinafter referred to as "Owner,11
and the CITY OF CAMPBELL, a municipal corporation of the County of Santa
Clara, State of California, hereinafter referred to as "City.11
WITNESSED:
WHEREAS, owner has acquired that certain real property described by
that certain instrument recorded July 21, 1970, and filed in Book 8993 of
official Records at page 37 in the office of the recorder of the County of
Santa Clara, State of California, and
WHEREAS, said real property is now encumbered by the agreement by and
between City and HARLEY C. BEATTY and DOROTHY Z. BEATTY, husband and wife,
which agreement was recorded in Book 9291 of Official Records of Santa Clara
County at page 524, and
WHEREAS, owner has acquired said real property subject to all the
benefits and burdens attendant thereto;
NOW, THEREFORE, it is mutually agreed to by and between the parties
hereto as follows:
(I) Owners shall provide, construct and/or install at their own proper
cost and expense upon White Oaks Road throughout the frontage of said real
property public street improvements which may consist of, but not be limited
to, the following: Standard City of Campbell curb, gutter, sidewalk, drive-
way approaches, handicap ramps, pavement structure, storm drainage system,
street lighting system, underground utilities to serve said real property,
and street trees.
(2) 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 Engin-
eer of City.
(3) All of said improvements shall be constructed and/or installed
within twelve (12) months 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 in-
clement weather, major strikes, and other delays beyond the control of
Owners shall be excluded.
Page I of 4
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It Is expressly understood and agreed to that If Owners shall fall 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 Install said Improvements and re-
cover the full cost and expense thereof from Owners.
(~) 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 Owners ere 50 notified to do 50 by City
Eng i neer.
Upon completion and acceptance of the Improvements by City, Owners shall
provide reproducible as-built plans to said City Engineer.
(5) The construction work of the Improvements embraced by this Agree-
ment shall be done in accordance with the Standard Specifications of the
Department of Public Works, Department of Transportation, State of
California, dated January, 1975, and in accordance with the Specifications
of the City of Campbell end Sanitation District No. ~ of Santa Clara County,
where indicated.
Wherever the word "State" or words "Department of Transportation" are
mentioned in the State Specifications, It shall be considered 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
Eng i neer.
In case of conflict between the State Specifications and the Specifica-
tions of the City of Campbell and Sanitation District No. ~ of Santa Clara
County, the Specifications of the City of Campbell and Sanitation District
No. ~ of Santa Clara County shall take precedence over and be used In lieu
of such conflicting portions.
(6) Owners shall deposit with City, when called upon to do so, for
office examination of improvement plans, field inspection of construction
of improvements and all necessary expenses incurred by City in connection
with said improvements and all necessary expenses incurred by City in con-
nection with said real property an amount equal to 3-1/2% of the estimated
cost of said improvements.
(7) Owners shall file with City, upon execution of this Agreement, a
surety acceptable to City in the amount of FOUR THOUSAND FIVE HUNDRED DOLLARS
($4,500.00) to insure full and faithful performance of the construction of all
the aforementioned improvement work, excluding sanitary sewers and water dis-
tribution system. Said surety 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 surety shall remain in full force and effect until
one (1) year after date of final acceptance of said improvements.
Page 2 of 4
(8) Upon final release of said surety by City, the obligations of
Owners contained In this Agreement shall be considered null and void.
(9) In accordance with City storm drain fee schedule, the reimburse-
ment for storm drainage facilities constructed as shown on said plans will
be determined at the time said plans are submitted to City.
(10) 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 presently ap-
proved storm design, in accordance with City of Campbell Storm Fee
Schedule.
(11) 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
speciai 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 the public improvements herein described.
(12) Owners shall participate in and become a part of any special
assessment district as described in paragraph (11) of this Agreement.
It is expressly understood that any obligations of Owners contained in
this Agreement that are accomplished to the satisfaction of said City En-
gineer by said special assessment district shall be considered null and void.
(13) 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 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. ,ngineering
and other incidental costs shall be deposited with City.
(14) Owners shall carry out any and all negotiations with all interested
parties and shall perform or cuase to be performed at their own cost and ex-
pense 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) Owners shall indemnify and save harmless the City of Campbell, the
City Council and the City Engineer, and any and all other officers or em-
ployees of City from any suits, claims or actions brought by any person for
Page 3 of 4
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.
(16) This instrument is and shall be considered to be an instrument
affecting the right, title, interest in or possession of the real property
hereinabove described, and shall bind the successors in interest of Owners.
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 Owners have caused their names to be affixed the day and
year first above written.
CITY OF CAMPBELL
Mayor
City Clerk
OWNER
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Maria L. Mitchell
Page 4 of 4
NOTARY FOR INDIVIDUAL SIGNATURE
STATE OF CALIFORNIA
)
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County of ~.ita, r:!J.~:LC(Jt)
On thi s CjJ:l
day 0 f
~i~ , 199o , before me,
",
, a Notary Public in and for the County
CPr r1ji'l!t,'I'L~7JJ l?a..ao -'
of k, ia.. 02cua /
. State of California, residing therein,
dul y commi ssi oned and sworn, personally appeared {;ddJ j, J/ZLTcYufl. &~
v
_~7L'l/,J_~ J 4;( }7?.I/?Acf!l
known to me to be the person L-
whose names OJ:.e
subscribed to the within instrument and acknowledged to me that
11-1i"},
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.
Gu.."U'LfH'.J-' '-In ecu.v
Notary Public in and for the
County of ~",dtv P PaACZ--,
State of California
"NOTARY SEAL"
My commission expires ~)-1-93
OFFICIAL SEAL
Ni)T;P,~~~~~E M CASE
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Z-94-A15
CITY OF CAMPBELL
Department: Publ i c Works
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tEllIOTT
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75 NORTH CENTRAL AVENUE
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 378-8141
June 10, 1980
Mrs. Dorothy Beatty
17740 Vista Avenue
Los Gatos, CA. 95030
Dear Mrs. Beatty:
Enclosed you will find the passbook for your Northern California
Savings Account No. 14-872478-1 in the amount of $4,400.
This account was assigned to the City as surety for the agreement
you signed to install street improvements at 1386 White Oaks
Road in Campbell.
Since the new owners of the property have assumed the obligation
of installing the street improvements, your surety is no longer
required. This letter is to notify you that we release you from
the obligation to post this surety.
Very truly yours,
JOSEPH ELLIOTT
Director of Public Works
BILL HELMS
Engineering Manager
bee: Certified No. 395075
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will be renewed automatically for a similar period unless: (a) presented for redemp-
tion within ten (10) days after a maturity date or (b) not less than 30 days prior to a
maturity date the bank has mailed to the depositor a notice of its election to redeem
cr~dited at ea~h maturity date in accord~~instrUCtions of the depositor.
NO INTEREST". E / r7;Y ~.
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Assistant Cashier I Manager
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NORTHERN CALIFORNIA SAVINGS
AND LOAN ASSOCIATION
April 29, 1977
City of Campbell
Building Permit Dept.
75 N. Central Ave.
Campbell, Ca. 95008
Dear Sirs:
This is to inform you that Dorothy Z. Beatty has changed her assigned
certificate # 14-870527-4 to #14-872478-1.
Enclosed you will find the new certificate passbook, along with a
copy of the assignment. Please note that the new passbook is in Mrs.
Beatty's name alone, as Mr. Harley C. Beatty has passed away.
Please return the old passbook now in your pessession in the enclosed
envelope.
Thank you.
Zu~
Rosemary Y. rl
Savings Dept.
Enc1s.
rye
1725 SARATOGA AVENUE . SAN .JOSE. CALIFORNIA 95129
P.O. SOX 5969, ZIP CODE 95150 . TELEPHONE (40S> 253.1600
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KNO~l ALL MEN BY THESE PRESENTS:
That (X) (~~) Harley C. and Dorothy Z. Beatty, husband and wife
as Principal, and PALO ALTO SALINAS SAVINGS AND LOAN ASSOCIATION
. a corporation, organized under the laws of the - state of cALlFOmUA
as SUrety, are held and fir.mly,bouncl unto ~1e City
. of campbell, State of California, (herei~1after called "CITY"), in
' the sum of FOUR THOUSAND FOUR HUNDRED \ DOLLARS - ., - .
( $ 4,400.00 ) lawful money of
the UNITED STATES OF AMERICA, for the payment of which well and
truly made, we hereby bind ourselves, our suocessorsand assigns,
jointly and severally, firmly by these presents. I?;.
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The condition of the foregoing obligation is sucl!rthat,
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:'tmEREAS, the above-named Principal proposes to ~ d6nstruct
office and Industrial buildinqupon real property '.,~ "
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located at '1386 White Oaks Road, Campbell
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on property described in deed(s) # ''''"'
as said deed (s) is. (are) filed
for record in the office of the Recorder, County of santa Clara,
- state of California in · Book 8993 of Official Records"', at Page 37
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l^."HEREAS, in order .xor Principal to abta ; n hll ; 1 r'H n'J ,[V"'rmH-!::
from
said City af Camnbell , Principal is
obligated to construct and/or install or have constructed and/or
installed certain stre~t improvements throughout the' White Oaks
Road frontage of
said site, -in accordance \...ith the standards of said <fity, said
street improvements including: concrete sidewalks and driveway
approaches Cl::OOl.O . sq. ft.), asphalt street paving
( 1897.2 sq. ft.), concrete curb and gutter ( ~l.06.,4 ,
line ft.), standard electroliers ( one I ea.]:
the total cost of said street improvements having been estimated
by said City to be approximately FOUR THOUSAND FOUR HuNDRED OOJ,.l:ARS
i ($.4.400.00 ).
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WHEREAS, the parties hereto.'have agreed that said improvements
, shall be installed at such time as the City Council of 'said CITY,~
calls for themprovided. however. tqat~h~shallbebonstructed in
accordance with the aqreement therefor: and.
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NOvI, THEREFORE, if said Principal shall well and truly do and
perform its obligations as set forth above, on its part to be done
and performed at the time and in the manner specified therein, then
this obligation shall be null and void: otherwise this bond shall
remain Ln full force and effect.
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SUBJECT TO THE
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FOLLOWING CONDITIONS:
1. That participation in any Local lmprovement
District which may be formed for the express purpose of construc-
ting public improvements in the area concernedl includi.ng.storm
and sanitary sewers, street and sidewalk improvements, utility
installations, and/or any installation which may be prescribed
by such proceedings within the public right 'of '>WilY shall satisfy
the obligations of this bond.
2. That the term of this bond is "for a. period of
one (1) year, commencing on ' 19_, but shall
be continued year to year thereafter at the option of the surety.
3. That the surety hereunder may relieve itself
from liability under this bond by giving written notice of such
desire by registered mail to the City thirty (30).d~ys prior
to the date of expiration of the bond. ' '. ;
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4.
That in the event said Principal <:i:snot granted"
Building Perm! ts <~Qi/~'<,
the necessary
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within a per!od of one (1) year from the date her~of,\:this bond ,,'\~
shall be null and void on its face.;\ " .
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WITNESS OUR HANDS this
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PRINCIPAL
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SURETYi:\l .i1:;~;';','
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LIEU OF. SURETY BOND, i PLEASE ACCEP.I.' O~ PASSBOOK ~. AS~GNM:ENT.
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KNOW ALL MEN BY THESE PRESENTS:
That (X) (vffi) Harley C. and Dorothy Z. Beatty, husband and wife
as Principal, and PALO Aiil'O SALINAS SAVETGS k~D 10..\11 .t'\.;-;Sl.JCIArl'IUX
a corporation, organized under the la\vs of the state of CLU'UF3IA
. as Surety, are held and firmly bOUih:1 unto the City
of campbell, State of California, (hereLiafter called "CITY"), in
the sum of FOUR THOUSAND FOUR HUNDRED DOLLARS' . . .
($ 4,400.00 ) lawful money of
the UNITED STATES OF AMERICA, for the payment of which well and
truly made, we hereby bind ourselves, our successors and assigns,
jointly and severally, firmly by tllese presents.
The condition of the foregoing obligation is such that,
tmEREAS, the above-named Principal proposes to construct an
office and industrial buildinq upon real property
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located at 1386 White Oaks Road, C~mpbell
on property described in deed (s) #
as said deed (s) is --(are)"liled-
for record in the office of the Recorder, County of santa Clara,
state of California in Book 8993 of Official Records at Page 37
WHEREAS, in order for Principal to obtai n hn; 1 n; nlJ pprm; +- c:.
from
said City of Camobell ' Principal is
obligated to construct and/or install or have constructed and/or
installed certain street improvements throughout the White Oaks
Road frontage of
said site, in accordance with the standards of said city, said
street improvements including: concrete sidewalks and driveway
approacpes ~001.0 'sq. ft.), asphalt street paving
l89T 2 sq. ft.), concrete curb and gutter L ~~06 .4
line ft.), standard electroliers ( one ea.):
the tot 1 cost of said street ~provernents having been estimated
by said c4y to be approximately FOUR THOUSAND FOUR HUNDRED DOLLARS
($4.400.00 ).
~mEREAS, the parties hereto have agreed that said improvements
. shall be installed at such time as the City Council of said CITY
calls for thernprovided. however. that they shall be constructed in
accordance with the aqreement therefor: and.
NOW, THEREFORE, if said principal shall well and truly do and
perform its obligations as set forth above, on its part to be done
and perfor.med at the time and in the manner specified therein, then
this obligation shall be null and void: otherwise this bond shall
remain Ln full force and effect.
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SUBJECT TO THE FOLLOWING CONDITIONS:
1. That participation in any Local Improvement
District which may be formed for the express purpose of construc-
ting public improvements in the area concerned, including' storm
and sanitary sewers, street and sidewalk improvements, utility
installations, and/or any installation which may be prescribed
by such proceedings within the public right 'of way shall satisfy
the obligations of this bond~
2. That the term of this bond is for a period of
one (1) year, commencing on , 19___, but shall
be continued year to year thereafter at the option of the Surety.
3. That the Surety hereunder may relieve itself
from l13bility under this bond by giving written notice of such
desire by registered mail to the City thirty (30).d~ys prior
to the date of expiration of the bond.
4. That in the event said Principal is not granted
the necessary Building Permits
within a period of one (1) year from the date hereof, this bond
shall be null and void on its face.
WITNESS OUR HANDS thi s
day of
19_.
PRINCIPAL
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SURETY
T. E. Morrissey, V~ce President
Palo. Alto Salinas Savings
(Notary Certificates)
IN LIEU OF SURETY BOND, PLEASE ACCEPr OUR PASSBOOK .AJ.'l"D ASSIGNMbNTo
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RESOLUTION NO. 299 L~
eOOK 92011,\GE 520
BEING A RESOLUTION AUTHORIZING EXECUTION
OF HARLEY C. BEATTY AND DOROTHY Z. BEATTY 1
HUSP~ND AND WIFE AGREEMENT.
..
~frIEREASI there has been submitted to the City Council by
Harley C. Beatty and Dorothy Z. BeattYI husband and \vifel an agreement
for the development of their real property in accordance with prescribed
conditions;
~mEREASI by the terms of said a.greemen.tl and concurrently herewith
they have submitted grant deeds of certain portions of their real
property for street purposes;
NOW. THERF~FOREI 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 submiJcted in connection
therewith be and the same is hereby accepted.
PASSED AND ADOPTED this 13th day of___~pri1 ________1 19 71 1
by the following vote:
AYES:
Councilmen:
Doetsch, Podgorsek, Rogers, Smeed,
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Chamberli~
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NOES:
Councilmen:
None
ABSENT:
Councilmen: None
APPROVED:
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I, Dorothy Trevethan, City Clerk of the City of Campbell, do
here~ certify that the attached is a true and COrrect, co .
of ;e.-<.. .:?--I:.Ac.fin.... .p d2 7o/"c/ passed and d ..... .py
- c..... _ a opted at a:vr:egu).i1r..
m~etJ.'pg of the Ci)Y CounciI-;-f the City of CampbellC''-<l.n.'tbe: /,;_ '/.,',
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398 ~, [) 8 9 I_A.) (1 (3 )
: 0 e~ r,:;CORDtD WiTHOUr Flt:
.i\t~ 0 D~ EE ",.:1I0N 6103 GOVERNU.ENT CODE
AT n.:~ MGW:ST ~f ~ITY Of C:;/N!'Pr-}t.
A G R E E t!. E N T ~800~ 9t:fJL ,C,\CE 524
1/' THIS AGREEMENT, made and entered into this <' day of ~-
. ? , I . , 19 --,,' , by and between HARLEY C.' BEATTY and
DOROTHY Z. BEATTY, husband and wife, hereinafter referred to as
"Owners" and the CITY OF CAMPBELL, a municipal corporation of the
County of Santa Clara, State of California, hereinafter referred to
as "City."
WITNESSETH:
WHEREAS, Owners did heretofore on January 22, 1971, apply to
Planning Commission of City for architectural approval in order to
construct an industrial and office building upon that certain real
property described upon that certain instrument recorded July 21, 1970,
and filed in Book 8993 of Official Records at Page 37 in the office
of the County Recorder of said County of Santa Cla.ra, which real
property is hereinafter referred to as "said real propertyj" and,
WHEREAS, said Planning Commission did, at its regular meeting
held March I, 1971, consider said application and grant its approval,
subject to certain conditions thereofj and,
NOW, THEREFORE, IT IS MU'1'UALLY AGREED to by and between the
parties hereto that Owners shall provide, construct and/or install
at their .ov-ln proper cost and expense upon White Oaks Roa.d, throughout
the frontage of said real property public street improvements consisting
of but not limited to the following:
, FIRST: Cons"truct City of Campbell standard cormnercial sidevJa lk,
driveway approaches, curb and gutter, all consisting of Portland
Cement concrete.
SECOND: Provide and insta 11 stree-t na.me signs, and regulatory
signs, and sign posts as required by the City Engineer of City.
THIRD: Grade said real property to drain into the streets,
unless determined impractical by said City Engineer.
FOURTH: Provide and ins-tall a waJcer distribution system to
serve said real property, including fire hydrants.
l"IFTH: Provide and install a sanitary se\'lerage system to serve
said real property.
SIXTH: Provide and plant street trees of a variety and size
as required by said City Engineer.
SEVENTll: Provide and construct a storm water drainage system
to serve said real property.
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1 of 5
800X 9291 r.\GE 525
EIGH'I'H: Provide and install a street lighting system consisting
of, but not limited to, steel poles, concrete pole bases, upsweep
bracket arms, luminaires with individual integral photo-electric cells,
underground electrical conduits, with conductors, and junction boxes.
NINTH: Construct street pavement structures consisting of
asphaltic concrete with underlying untreated crushed rock-base course.
TENTH: Install an underground electrical energy and telephone
system to serve said real property.
(1) All of said improvements shall be constructed and/or
installed within twelve (12) months from the date first above written
provided, however, that in the computation of said twelve-month
period, delays due to or caused by acts of God, Viz., unuaully
inclement weather, major strikes, or other delays beyond the control
of Owner 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 from the date hereof, City after giving
ten (10) days written notice thereof to Owners may complete the work
and recover the full cost and expense'thereof from Owners.
(2) It is further agreed to that Owners shall submit improvement
plans prepared by a civil engineer licensed by the State of California
for the construction and/or installation of said public improvements,
which plans shall be submitted to City Engineer of City for his
examination, review and approval.
(3) It is further agreed to that all of said improvements
shall be constructed in accordance with those plans approved by the
City Engineer of City, and shall be made under the inspection and to
the satisfaction of City Engineer. It is further agreed to that
said construction shall be in accordance with the existing ordinances
and resolutions of the City of Campbell, and to all plans, specifica-
tions, standards, sizes, lines.and grades approved by City Engineer,
and all State and County statutes applicable thereto.
(4) It is further agreed to that the construction work of the
improvements embraced by this agreement shall be done in accordance
with the Standard Specifications of the Department of Public Works,
Division of Highways, State of California, dated January 1960, and
in accordance with the Specifications of the City of Campbell, and
Sanitation District No.4 of Santa Clara County, where indicated.
WHEREVER the word "State" or words "Division of Highways"
are mentioned in the State Specifications, it shall be considered as
referring to the City of Campbell. Also, wherever the "Director"
or "Director of Public Works" is mentioned, it shall be considered
as referring to the City Engineer.
2 of 5
':
500<< 9291 f\\CE 526
In case of conflict between the State Specifications and the
Specifications of the City of Campbell and Sanitation District No. 4
of Santa Clara County, the Specifications of the City of Campbell and
Sanitation District No. 4 of Santa Clara County shall take precedence
over and be used in lieu of such conflicting portions.
(5) It is further agreed to that Owners shall deposit with
City, upon execution of this agreement, for office examination of
improvement plans, field inspection of construction of improvements
and all necessary expenses incurred by City in connection with said
real property the sum of ONE HUNDRED FIFTY-FIVE DOLLARS ($155.00).
(6) It is further agreed to that Owners shall file with City,
upon execution of this agreement, a bond in the amount of FOUR THOUSAND
FOUR HUNDRED DOLLARS ($4,400.00) to insure 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 Owners shall correct any defects in the aforementioned improve-
men-ts which shall appear within one (1) year from the date of acceptance
of the work by City and pay for any damage to other work resulting
from the 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.
.
(7) It is further agreed to that the storm drainage area fee
in connection with said real property and in conformance with the
requirements established by Section 9110.5 of the Campbell Municipal
Code is in the amount of SEVEN HUNDRED FIFTY DOLLARS ($750.00).
(8) 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 amoun-t will be adjusted by difference
between revised storm design and presently approved storm design, in
accordance with City of Campbell Storm Fee Schedule.
(9) It is further agreed to that Owners sha.ll file with Cit.y,
upon execution of this agreement, a letter, from said Sanitation District
No. 4 of Santa Clara County stating that Owners 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 sanitary sewers
and to insure the general guarantee as stated below in paragraph (13)
has been filed.
(10) It is further agreed to that Owners shall, upon written
notice thereof, immediately repair or replace without cost or
obligation to the City of Campbell, and to the entire satisfaction
of said City, all defects and imperfections arising out of or due
to faulty workmanship and/or materials appearing in said work within
a period of one (1) yearafter date of final completion and acceptance.
3 of 5
eoo~ 9291 r^CE 527
(11) 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 the City Engineer of
Campbell or the Pacific Gas and Electric Company that the said fees
are due and payable.
(12) 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,
including fire hydrants.
. (13) 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, Owner 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 City.
(14) 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 their 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) 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 person for or
on account of any injuries or damages to persons or property
sustained or arising in the construction of the on-site work due
to any acts, omissions, or negligence of Owners, their officers,
agents, employees or contractors.
(16) It is further agreed to that the above-named terms and
conditions shall bind the heirs, successors, administrators or
assigns of Owners.
(17) This instrument is and shall be considered to be an
instrument affecting the right, title, interest in or possession of
the real property hereinabove described.
4 of 5
L
BOOK 9291 ~^Gt 528
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 O\vners
have hereunto ca,used their name to be affixed the day and year first
above writteno
CITY OF CAMPBELL
Jo Robert Dempster,
City Attorney
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, ..' / Harley C. Beatty
APPROVED AS TO FORM:
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v :; ;j Dorothy ~!. Beatty
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On ....J2.1.1...r.!!c..k.L....:J..-:J.r...,L.9...7/...... before me, the undersigned, a Notary Public in and for laid County and State pcrlolJally
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/vue.,'...; ;\. '-~.';'.'." 14 1972 /'.?\ lqC'.I.l, ~ ^ ~---,.,. ':: . ~~
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\:.:~.? PRI~~CIPAL Of=F;CE H'-l
C T G N L '7AJ~ f.'f1,!"-;-;''?".'<J:, ~~COUNTY I
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.LAND TO BE GRANTED TO THE
CITY OF CAMPBEL~
I:>c-.~\.C." C~.o'f fL.~J+p."(":,\
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kond to be "."ted to City 1. =- (') oz..44- a.s:::.,i.
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P,epo,ed by the Office of the City
EnOl n.." Campbell, Callfo,nla
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April 8, 1971
Mr. Harley C. Beatqt
c/o Mr. P. Dennis Burrow, AIA
644 university AYeJlUe
Los Gat.oe, California 95030
SUbject: "S" 71-7, Proposed Office and
IDdu81:rial Bul1d1l'l9,
1386 Whi1;8 oaks Road
Dear ME'. Beat1;y:
Enclosed pl...e f1nd a Grant Deed for street ri9h1;
of w.y prepared by 1;his office which _~sses scae
exce.s property WIlieh you own on the ....st.erly side of
*i1;8 oaks Road.
'l'he Grant Deed, which you sig'l'led March 22, 1971,
would l.ve a strip of land which varies frcm 0.98 f..t
t.o 2.29 feet in width on the wast:erly sic1e of Whit.. Oaks
Road 1n your __ and subject t.o taxation by the Count.y
Assessor.
Wfe request t.bat you execute this revised deed and
'thereby el1lBiftate the excess s1:rip of land Which has DO
other pract.ical U88 01:her than street. area.
Pl... C!Ontact. t:he undersiped at your convenience
if you should have any qQ8s1;iOllIl.
Very truly yours,
TO \ ~;~~~ \
v.:GW _~ _ i ElIH-;J 41 !'?
bMH__~ ; ~
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Bill M. Helms
Assoc1a1:e Civil Bn.q1Deer
By: Cruz s. Gcmez
Jr. Civil EIlg'ineer
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Enclosuraa ____
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March 16, 1971
Mr. F. Dennis Burrow, AIA
644 university Avenue
Los Gatos, California 95030
SUBJECT: liS" 71-7, Proposed Office and Industrial Building,
1386 White Oaks Road, Harlev C. Beatty Property
Dear Mr. Burrow:
Enclosed please find originals and copies of a Grant Deed
for street right of way, an agreement for the construction
of public street improvements and a bond form. Please return
the originals together with one copy of each document after
you obtain the notarized signatures of the Beatty's. The
remaining copy is for the Beatty's records.
Please remit, payable to the City of Campbell, a check for the
fees as stipulated in the Agreement.
Please contact the undersigned should you have any question
concerning the enclosed.
Very truly yours,
BILL M. HELMS,
ASSOCIATE CIVIL ENGINEER
I
CSG:Jg I ,~Dr::
\ WGV'nel~8~s' _ -tf!)1Y) ~{I.i:t,
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By Cruz S. Gomez,
Jr. Civil Engineer
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RECEIPT
CITY OF CAMPBELL
CAMPBELL, CALIFORNIA
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REVENUE ACCOUNT NO. ~}1-
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FUND NUMBER 4-
~HECK.s
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THIS RECEIPT
MUST BE MACHINE
VALIDATED AND
SIGNED BELOW.
4311
CITIZEN COpy
o .:J<f-'~ER
11~ W-*905.00
MAR 30-71
57 110A ***155.00
<e>,
,~.: ~on ,;-if-~
CITY CLERK
Thank You
CITY OF CAMPBELL
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March 16, 1971
CITY ENGINEER'S
CONSTRUCTION COST ESTIMATE
FOR
HARLEY C. BEATTY PROPERTY II S" 71-7,
OFFICE AND INDUSTRIAL BUILDING,
1386 WHITE OAKS ROAD
1. C1earinq and Grubbinq:
Relocate water meter.
2 . Earthwork:
118 sq. yd.
Remove AC (10)(106.35) = 1063.5 @ 1.50 =
Excavation
(1.0) (30)(106.35) = 118.16 cu. yd. @ 3.50 =
27
3. AC:
( 18) (1 06 . 3 5) (0. 3 3 ) (0. 07 5 ) = 43 ton @ 12.00 =
4. Base:
(18) (106.35) (01.00) (0.070) = 134 ton @ 4.00 =
5. Curb and Gutter:
106.35 In. ft. @ 3.25 =
6. Driveway:
(27.5)(9.5) = 261.25 sq. ft. @ 1.25 =
7. Sidewalk:
(98.85) (9.5) = 939 sq. fto @ 0.75 =
$ 177.00
414.00
576 . 00
536.00
346.00
327.00
704.00
8. street Liqhtinq:
1 complete e1ectro1ier @ 500.00 =
1 junction box @ 40.00 =
(pull box)
500.00
40.00
9. Unq. E1ec.:
106.35' of conduit and conductor @ 2.75 =
292.00
10. street Trees:
3 @ 17.50 ea. =
53.00
11. Redwood Headerboard:
20' @ 2.50 = 50.00
Sub Total: $4,015.00
Contingencies 10%: 401.00
TOTAL: $4,416.00
Use $4,400.00 for bond amount.
Plan Examination and Construction
Inspection Fee = $155.00.
,/7/--7
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PLANNING DEPARTMENT
CITY or CAMPBELL
7S NORTH CENTRAL AVENUE
'CAHPBELL, CALIFORNIA
"
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'5 - 4 -71 L ~;&
DATE:
Ma!'ch ?, 1971
CONDITIONS ATTACHED TO "S" APPROVAL or PLANS or --1"__.Jlan...~lll'~rol>'
, FOR CONSTRUCTIon or Q.f.tlr-f,Ii:'l'~jl<;tr:fal
bul1din~
TO BEL 0 CAT E D AT J.J-,1 r; ~l hi i f' Qa.k~'L.B..o.iI"
.,
CONDITIONS:
conditions of approval attacheJ
Section 931G.l of the Campbell Municipal Code reads as follows:
Any approval granted under this sectioll shall expire one year after
the date upon '.-:hich such app'roval Has granted, unless an extension
for such approval is obtained by making written application for same
to the Planning Commission at least fifteen (15) days prior to the
expiration date of such approval.
No building permit shall be issued after the expiration date of any
approval until a new approval has been obtained in the manner provided
for in this Chapter.
GRANTED BY THE CITY or CAMPBELL PLANNING COMMISSION AT A REGULAR
HEETING HELD Of[ THE 1-~~___ day of ___~_al'c~______ 1971
cc: Engineering; r.ept. w/att.~-
Fire D~pt. wIatt.
C I T Y 0 reA M P 13 ELL P L ^ 1m I N G C 01-1 lH S S I 0 !!
BY:
-----.-AF~ftiuRKf::f_:-SE c R E~'T A RY------
CONDITIONS OF APPROVAL - "S" 71-7
F. Dennis Burrow
1. Property to be fenced and landscaped as indicated and as
added in "red" on plans.
2. Landscape plan indicating tupe of plant material, location of
hose bibs or sprinkler system and type of fencing to be sub-
mitted for approval of the Planning Director at time of appli-
cation for building permit.
3. FaithfUl performance bond in the amount of $3,000 to be posted
to insure landscaping, fencing and striping of parking area
within three (3) months of completion of construction, or
applicant may file written agreement to c~mplete landscaping,
fencing and striping of parking area prior to final building
department clearance.
4. Landscaping shall be maintained in accordance with the approved
landscape plan.
The applicant is notified as part of this application that he is
required to meet the folloVling conditions in accordance with
Ordinances of the City of Campbell.
A. All parking and driveVlay areas to be developed in compliance
with Section 9319 of the Campbell Municipal Code.
B. Underground utilities to be provided as required by Section
9110.6 of the Campbell Municipal Code.
C. Plans submitted to the building department for plan check
shall indicate clearly the location of all connections for
underground utilities including water, sewer, electric,
telephone and television cables, etc.
D. Sign application to be submitted in accordance with provisions
of the sign ordinance for all signs. No sign to be installed
until application is approved and permit issued by the building
department.
E. Applicant to pay storm drainage area fee in the amount of $750.00.
F. Applicant to dedicate to 30 foot one-~alf street right-of-way
on White Oa;,s Road.
G. Applicant to enter into agreement and post bond for street
improvements on White Oaks frontage.
The applicant is notified that he shall comply with all applicable
Codes or Ordinances of the City of Campbell which pertain to this
development and are not herein specified.
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