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NOC - Powell, Alfred and Norma J. - PIA No. 85-52RECORDING REQUESTED BY City of Gilroy WHEN RECORDED, MAIL TO: Shawna Freels City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 ' �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIV 9 11111 �3aee . AMT PAID REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City Pages 9 No Fees RDE # 004 6/14/2012 2:20 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) RECORDED WITHOUT FEE PER CALIFORNIA GOVERNMENT CODE SECTION 27383 NOTICE OF ACCEPTANCE OF COMPLETION Property Improvement Agreement 85 -52 APN: 790 -07 -002 ALFRED AND NORMA J. POWELL SEPARATE PAGE PURSUANT TO GOVT. CODE 27361.6 RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED MAIL TO: Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 NOTICE OF ACCEPTANCE OF COMPLETION NOTICE IS HEREBY GIVEN that work agreed to be performed under the pproperty agreement between the City of Gilroy, a municipal corporation, whose address is 7351losanna Street, Gilroy, CA 95020 and the Contractor mentioned below who developed said project, was accepted as completed by the City of Gilroy on the 21 st Day of May, 2012 Project No.: PIA 85 -52 Contractor Name: N/A N/A Surety on Contract: _Location of Project: Contractor Address: N/A West side of Monterey Rd.240 ft. north of Farrell Ave. Gilroy, Ca. Description of Work: Tract Improvements Interest of City: Owner in Fee: Vendee under Agreement to Purchase; Lessee; Owner of Easements; Holder of License; Owner o treets; Owner of Utilities, Water, Sewer, Storm Systems Owner's Name: Alfred and Norma J. Powell Work Done: N/A This notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned declares: That he is an officer of the City of Gilroy, that he has read the foregoin Notice of Acceptance of Completion and knows the contents thereof; and that the same is true o his own knowledge, except as to those matters that he believes it to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the 'ty of Gilroy, County of Santa Clara, State of California on February 7, 2012. CITY OF STATE OF CALIFORNIA COUNTY OF SANTA CLARA BY TITLE Director of Public Works /City EnQr This document is for the benefit of the City of Gilroy. Request for Recordation without fee is made in accordance with Section 27383 of the Government Code ofthe State of California. NO FEE per GC Sec. 6103 S'�• 7a�r� G Susanne Z. Stainmets,City Clerk , \iv- City of Gilroy 7351 Rosanna St, Gilroy, CA 95020 AGREEMENT BY OWNER OR HIS SUCCESSORS'IN INTEKR&t!'VO CCNSTRUCT LAND DEVELOPMENT IMPROVEMENTS No. 85-52 Project Identification: AeQPS.Snt,s Pare-L-3 Nn- 99Q_n2.nn) This is an agreement between the City of Gilroy, hereinafter referred to as "City ", and Alfred and Nnrmn T Pnwel l C.. Mia n r" m hereinafter referred to as "Owner ". Cc WHEREAS, Owner of the property described in Exhibit A, wishes to defer construction of permanent improvements And City agrees to such deferment provided Owner (or Successor in interest) agrees to construct improvements ae herein provided. NOW, THEREFORE, IT IS ACRL'ED: I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST This agreement, together with the attached stipulations, is an instrument affecting the title or possession of the real property described In Exhibit A. All the terms, convenants and conditions herein imposed shall be binding upon and inure to the benefit of the successors in interest of Owner. Upon the sale of division of the property described in Exhibit A. the terms of this agreement shall apply separately to each parcel and the owner of each parcel shall succeed to the obligations imposed on Owner by this agreement. Ii. STREET AND DRAINAGE IMPROVEMENTS A. City and Owner agree that the improvements set forth in this section may be deferred because: These improvements and fees are inappropriate at this time B. Owner agrees to construct the following improvements on or adjacent to the property described on Exhibit A as well as required off site improvements in the manner act, forth in this agreement: Improvements required by the City Department of Public Works as generally described below. (Cross out improvements that are not required.) t 1. Curb And gutter. �2. Sidewalks. ✓3. Driveways. +. Street grading, base and paving. ✓5. Storm drainage Facilities. ✓6. Erosion control plantings and facilities. Electroliers. Underground condulp with wiring and pull boxes. "9. Barrieadee and other improvements needed for traffic safety. 10. SCrect trees and other improvements between the curb ano propert: line. 1. Street slgna. x/12. Relocation of existing fences, signs and utilities. 13.. Payment of a pro rasa share of the costs as determined by the Department of Public Wcrka of a storm drainage or stre.c improvements which haN been, nr is to be, provided by Owner and others where such facility benefLtn the property ecb4:1hed :n Exhibit A. NOTh: Fees are payshl, at the :ate in effect at time of payment. Engineering and fnr,pection and plan check fees. IS. Sanitary sewug•: facilities. Mater system. �w r� cu Y i IS M K C. When the City Director of Punlic Works determines that the reasons for the deferment of the improvements as set forth in section 11 no longer exist, he shall notify Owner in writing to commence their installation and construction. The notice shall be mailed to ttre current owner or owners of the land as shown un the latest adopted county assessment roll. The notice shall describe the work to be done by owners, the time within which the work shall commence and the time within which the work shall be cumpleted. All of any portion of said improvements may be required at a specified time. Each owner shall participate on a pro rata basis in the cost of the improvements to be installed. If owner is obligated to pay a pro rate share of a coat of a facility provided by others, the notice shall include the amount to be paid and the time when payment must be made. III. PERFORMANCE OF THE WORK Owner agrees to perform the work and make the payments required by City as set forth herein or as modified by the City Council. Owner shall cause plans and specifications for the Improvements to be prepared by competent persons legally qualified to do the work and to submit said improvement plane and specifications for approval prior to commencement of the work described in the notice and to pay city inspection fees. The work shall be done in accordance with city standards in effect at Eire :ime improvement plans are submitted for apnroval. Owner agrees to commence and complete the work within the time specified in the notice given by the Director of Public Works and to notify the City at least 48 hours prior to start of work. In the event Owner fails to construct any improvements required under this agreement, City may, at its option do the work and collect all coats from Owner. Permission to enter onto the property of Owner is granted to City or its contractor as may be necessary to construct such improvements. IV JO_NT COOPERATIVE PLAN Owner agrees to cooperate upon notice by City with other property owners, the City and other public agencies to provide the Improvements set forth herein under a Joint cooperative plan including the formation of a local improvement district, if tlris method is feasible to secure the installation and construction of the improvements. V REVIEW OF REQUIREMENTS If Owner disagrees with the requiremunts set forth in any notice to commence installation of improvements he shall, within 30 days of the date the notice was mailed, requeet a review of the requirements by the City Council. The decision of the Council ' shall be binding upon both City and Owner. ` VI RAINTENANCE OF IMPROVEMENTS City agrees to accept for maintenance those improvements specified in Section II .which are constructed and completed in accordance with City standards and requirements and are installed within rights of way or easements dedicated and accepted by resolution of the City Council. Owner agrees to provide any necessary tem;•crary drainage facilities, access roads or other required improvements, to assume responsibility for the proper functioning thereof, to submit plans to the appropriate City agency for review, if required, and to maintain said improvements and facilittes in a manner which wil'. preclude any hazard to life or health or damage to adjoining property. @@x VII BONDS R' Prior to approval of Improvement plans by the City, Owner may be required to execute and deliver to the City a faithful performance bond and a labor and materials bond in an amount and form acceptable to City to be released by the City Council in whole or in part upon completion of the work required and payment of all persons furnishing labor and materials in the performance of the work. Vil: INSURANCE Owner shall maintain, or shall require any contractor engaged to perform the work 3 to malntalu, at all times during tine performanc, of the work called for herein, a separate, policy of insurance in a form and amount acceptable to City. s IX INI)EIMi:Y The Owner shall assume Lire defenNe and indemnify anc. save harmleso the City, its oflicers, agents and empinyr..•., from. every expvu:e. liabllity or payment by reason - i injury "in••.ludinp dentl," to pursuns or dismalle to property suffered throurh any act or '1 T' i L f t Y 3" 's J425 PAGE 892 ';y omiselon, including passive negligence or act of negligence, or both, of the Owners, hie employees. agents, contractors, sub- contractors, or any one directly or indirectly employed by either of them, or arising in any way from the work called fur by this agreement, on any part of the premises, including those matters arising out of :he deferment of permanent drainage facilities or the adequacy, safety, use or non -use of temporary drainage facilities, the performance or non — performance of the work. This provision shall not be deemed to require the Owner to Indemnify the City against the liability for damage arising from the sole negligence or willful misconduct of the City or its agents, servants or independent contractors who are directly responsible to the City. T I C IN WITNESS WHEREOF, City has executed this agreement as of August 5, 1985 ATTEST: CITY OF CILROY CITY CLERK MAYOR v — CITY ADMINI R PPROVED AS TO FORM CITY ATTORNEY IN WITNESS WHEREOF, Owner has executed this agreement as of _�;, (This document to he acknowledged with signat STATE OF CALIFORNIA ) )sa. COUNTY OF SANTA CIARA ) On this , day of CAT. NO. N140"27 To is" CA (1 -83) (Individual) as they appear on deed of title) its the vest nna :hnuSand nine 0 TICOR TiTUF. € iNSU ANC6 ai It nv _ STATE OF CALIFORNIA J 4 2 5 PAGE v- 3 COUNTY OF cyli iliti } On July 29, 1985 befurc me, the u�.derai0ped, a Nota Public in and for said Star, perwnally appcarcd Alfred Powell and Norma J. owell , personally kno•vn to me or proved to me on the Luis of satisfactory evidence to be the pcnun whore name s Are sub bed cu the within instrument and acknowledged that y cxc cuted the same. TONI M. ROVELLA it WITNESS my hand and official seal. �I `i�- #' N,' :; nui r 'N's 'j I t Signature IVRI M. (This area for offlew nonr4! teal) , and he official year in In 00 AD Ir ie I TS 101 Ave 7— Jjo U-11 J425PAGE 894 4Y :rag Iwo Liman Ave. EXHIBIT "A" POWELL AGREEMENT IV Area -V �1, / /U. UWAcre Area "E" $1,350.00/Acre 02-224-1300-720200 5 Area "F" $7,400.G0 /Acra 02-2"5-1300-123200 S ��r » CITY OF CILROY No. 85 -52 a0�y`�y1 D£VELOPMEhi COST SCHEDULE Date 7 -19 -85 Initialed S.D. -L. Location of Property West aidg�o;E Mnn +r raj Uri ap ^p=pX �* aWalt i 240 feet North of Farrell LXye. C- Assessor's Parcel i 790 -07 -002 Name of Applicant Alfrea and Norma J. PQwell � 3 Address r'-' e Type of Development Proposed Parcel Split `� �R1 Area 7.993 Acres Storm Drain Area "B" Street Frontage 384.29 feet or. Monterey and 385 70 feet oll rti ► e+; . Special Public Works Services 01 -100 -1100- 600400 $ 156.00 i Engineering Map Check S Subdivisions $190.00 + $3.00 /lot $ 89.0n i Parcel Splits $83,00 + $3.00 /lot 2 number of lots : Miscellaneous Engineering Service S 62.00 2 hours x $31.00 /hr 4w Public Works Microfilming (Maps and Plans) 5.00 lJ� h 1 sheets x $5.00 /sheet Wood Pole Mounted Eleetrolier S n/a x FF @ 85.00 /FF Engineering Plan Check and Inspection 01- 100 -II00- 600412 $ Deferred 52 of the Cost of Public Improvements 52x$ Storm .. evelopment Fee Area "A" $1,850.00 /Acre 02- 220 -1300- 720200 S Area "A -1" $3,680.00 /Acre 02- 220 -1300- 720201 S Area "B" $1,640.00 /Acre 92 -221 -1300- 720200 S Deferred Area "C" $2,770.00 /Acre 02- 222 -1300- 720200 S Area "D" 51,770.00 /Acre 02- 223 - 1300 - 720200 $ a$ Area "E" $1,350.00 /Acre 02- 224 -1300- 720200 $ Area "F" 52,400.00 /Acre 02 -225- :300 - 723200 S Area "Q" $2,31v.00 /Acre 02- 226 - 1300 - 720206 S --Acres @S /Acre !, Acrer @$ !Acre t . .n fco sue' ea s 1 e� Front Foot Charges ►eater o2 -230- 1300 - 72(1400 S De ferred ( FF 9$ /FF S Deferred Units C. Sever Gals. @ S650.81/1000 GPD 02- 230 -I300- 720500 S Deferred I 07- 72C• - ;900- 800;00 S Deferred FF @ SC.50 /FF + Acres @ S20.00 /Acra G�'2 Fire Hydrant Location FF @S /FF S Deferred $31.00 for the first 5 hydrants Street Improvements additional hydracit 02- 230 - 1300- 720G00 $ Deferred m S 9.00 Pavemert SF @ S /SF - S• Deferred Other CA Curb b Gutter FF @ S10.67 /FF , S s Sidewalk SF @ $ 3.11/SF a S " Gal. Pole t Electrolier 6 Conduit FF @ $ 5.00 /FF - S " ' cireyvel� ant Resident FF @ $ 2.54/FF - S " Comm 6 Ind. FF S 2.85/FF - S " s t Storm Drain 02 -230 -1300- :20700 S Deferred FF @S /FF Sewer Development Fee 07- 705 - 1300- 720i00 S Deferred J 1 Water Development Fee Ci- 725 - 1300 - 720300 S Deferred Units @ S8!5.00 /unit Gals. @ S650.81/1000 GPD peak Construction Water 07- 72C• - ;900- 800;00 S Deferred FF @ SC.50 /FF + Acres @ S20.00 /Acra Fire Hydrant Location Fee 07- 7.20-= 900 - 800301 S Deferred $31.00 for the first 5 hydrants +$ 3.00 for each additional hydracit Public Works Lash Sonde and Deposits OE -80C• -1100- 600400 S 9.00 Mylar Other TOTAL DUE CITY S_ 165.00 NOTE: (1) All deferred fees are payable at the rate in effect at time of payment. L ✓1/ � Accepted by:� e,7 Date: 7 `i" �S s -- t� co V CALIFORNIA • ACKNOWLEDGMENT .a.:�> oa.,7.> .�. As�.�a. .a�S��.`�s�.'.,_va.,�a�,.•y. oa � .�?3,: �. :a> - 1.N,_:',v.�. aaS.�..' .aiG -.'�. A �> s�Q� Ac�.,�C�> sit c,d..�a.,�A>,�C,:� Ate.,: �.,�a�.,?a�.,�.�.9 State of California 0ay­o,, County of � l 1 On before me, UY -U Date r . . _ ere Insert Name ar personally appeared L INCA ALON10 Commission #r 1931989 Notary Public - California > Santa Clara County My Comm. Expires Avr 15.20151 Place Notary Seal Above Name(s) who proved to me on the basis of satisfactory evidence to be the person(, whose name( is ubscribed to the within instrument and acknowledged to me that gee sheAhey executed tZy0h me I I heFAheir authorized capaclty(i�,, and that signature on the instrL -K the person r the entity upon bbhalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS n and official al. 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