Construct Land Development Improvements - Hanna, Walter & Nancy
7390 Rosanna Street, P. n. r.ox Gf;
Gilroy, California
95020
FILEU f ()I~ HECORO
33G il,,'260 ~t1~
~ OFFICIAL RECORDS:
SAN I t, 0L.APt\ c9UNrf.-
· ,GEOf\(lE t, t,A,\!JN .
, 'REGiStRAR Rc.QOKDE.&
AGREE~[NT RY Ol~ER OR HIS ~UCCESSORS IN INTEREST TO
CmJSTRUCT LAND DEVELoprlE~IT WPRnVEf1PHS
b5"7
3:36 f,l.u260
58G9174
~ CITY OF GILROY
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Parcel Map in Lut 11, S.P. Fine Subdivisio
Project Idcp.tification: 4 Par~els on map dated August 1977.
This is an dQreement between the CITY OF GILROY, hereinafter
referre'J to l'S "City", anti
Halter J. Ha.nna, Jr. and Nancy
N. HFinna
hereinafter referred to as "Ownerll.
I-'HEREAS. O\'1ner des i res to subdi vi de or develop the property
described in Exhibit ^ and wishes to defer construction of pcnnanent
improvements anrl City a~rees to such deferm~nt provided Owner agrees
to construct improvements as herein provid~d.
nOli, THERI=:FORE, IT IS AG:~EEO:
1. AGREEt1ErIT BI Jf)P1G 0:1 SUCCESSORS PI InTEREST
This aqre~nent. toqetner with th~ attached stipulations, is an
instrument affectinf) the title or possession of the real property
described in Exhihit A. All the termst convenants and conditions
h~rein imposed shall he binding upon and inure to the benefit of the
successors in interest of Oltmer. Upon the sale or division of the
property descrH.ed in Exhibit A. the terms of this agreement shall
apply separately to each parcel and the owner of each parCf~l shall
succeed to the obliqations imposed on 1)'Jnc>r by this aqreempnt.
11. STREET Arm DR.I\IrlAGE H1PROVFJ1EfnS
A. City and Owner aqree that the improvements set forth in
this section may be rleferred because:
Addi tlonal lm},Jl'ovements ar.e inalJpropl'late at this time.
.,
D 3:_~G f,IU261
B. Owner agrees to Lonstruct the followinq imorovements on the
property described in Exhibit A as \>Jell as re'luired off site imorovements
in the manner set forth in this aqreement:
Improvements required by. the City O(>r>artment of Public Horks as
generally described oelu~;. (Cross (jilt irlproverlcnt5 tht'lt ,lre not
required.)
I. Curb and qutter
2. Sidewalks
3. Driveways
4. Street gradlnn. base and paving
5. Storm drainage fac; Iltles
~. Erosion control plantlnQs and facilities
7. Electroliers
8. Under9round conduit with wirln0 and pull boxes
9. Barricades and other imnrovements needed for traffic safety
10. Street trees and other improvements hetween the curh and
property line.
I I. S tree t s I qns
12. Relocation of existinq fences. siqns and utilities
13. Payment of a pro rata share of the costs as determined by the
Department of Public \lorks of a storm dralnaqe or street improvemenL
which has been, or is to be. provided hy Owner and others where such
facility benefits the property described in Exhibit A
14. Engineering and Inspection and plan check fees
IS. Sanitary sewage facilities
16. Water system
C. When the City Olrector of Public Wo~ks determines that the reasons for
the deferment of the improvements as set forth in section I I no lonqer exist,
he shall notify Owner in writing to commence their Installation and construction.
The notice shall be mailed to the current owner or owners of the land as shown
on the latest adooted 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 completed. Allor any portion of said Im-
provements may be requi red at a specified time. Each owner shall particinate on
a pro rata basis In the cost of the imorovements to be installed. If Owner Is
obligated to oay a pro rata share of a cost of a facility provided by others. the
notice shall Include the amount to be paid and the time when payment must he made.
I' ,. PERFORMAtlCE OF THE \-IORK
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 Imrrovements to be prepared hy competent persons
legally qualified to do the work and to submit said improvement plans 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 the time improvement plans are submitted for
approval. Owner aqrees 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 ~8 hours prior to start of work. In the event Owner fails to
construct any improvements required under this agreernl"nt. City may. at Its ontion.
do the work and collect all the costs from Owner. Permission to enter onto the
-'}-
· property of Owner is gran~~d to City or its contractor as ~y be necessary to
construct such improvements.
IV. JOINT COOPERATIVE PLAN
D
336 ;:p 262
Owner agrees to cooperate upon notice by City with other ~rc~erty cwners,
the City and other public aqencies to provide the Improvements set forth herein
under a Joint cooperative plan including the formation of a local improvement
district, If this method is feasible to secure the installation and construction
of the Improvements.
v . ~EV I fW OF REQU I REHEtlTS
If Owner disaqrees with the requirements set forth In any notice to
commence installation of improvements he shal', within 30 days of the date
the notice was mailed, request a review of the requirements by the City Council.
The decision of the Council shall be binding upon both City and Owner.
VI. MAINTENANCE OF IMPROVEMENTS
City agrees to accept for maintenance those improvements specified In
Section I I which are constructed and completed in accordance with City standards
and requirements and are Installed within rlQhts of way or easements dedicated
and accepted by resolution of the City Council.
Owner agrees to provide any necessary temporary drainage facIlities, ascess
road or other required improvements, to assume responsibility for the proper
functioning thereof, to submit plans to the appropriate City aqency for review,
if required, and to maintain said Improvements and facilities in a manner which
will preclude any hazard to life or health or damaqe to adjoining prooerty.
\/11. BO~!DS
Prior to approval of improvement plans hy the City, Owner may be required
to execute and deliver to the City a faithful performance bond and ~ labor and
materials bond In an amount and form acceptahle to CIty to be rfleased 'hy 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.
VIII. INSURANCE
Owner shall maintain, or shall require any contractor engaqed to perform
the work to maintain, at all times during the performance of the work called
for herein, a separate policy of insurance In a form and amount acceptahle to
City.
I X. I NOEMN!TV
The Owner shall assume the defense and indemnify and save harmless the
City, its officers, agents and employees, from every expense, liability or
payment by reason of injury "Including death" to persons or damage to property
suffered through any act or onission, including passive neQligence or dct of
negl igence, or both, of the Owner, his employees, agents, contractors, sub-
-3-
D 336 fN;~ 2G3
"
~
contractors, or anyone dIrectly or Indirectly employed by either of them. or
arising In any way from the l10rk called for by this agreement, on any part of
the premises, Including those matters arising out of the 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.
IN WITNESS \JHEREOF, City has executed th I s agreement as of
nprprnh"r 5, ,g77
ATTEST; ~ l H ,. '.
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CITY OF GILROY
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APrRe~~Q AS TO "FORK
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IN WITNESS WHEREOF, Owner has executed thIs agreement as of
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(This document to be acknowledged with signatures as they appear on deed of title)
STATE OF CALIFORNIA }
)5S.
County of Santa Clara )
On this Ii 1J4 day of -1J.~ velV\'~eJZ.... In the year one thousand
nine hundred and SE IIEVT~ Sr-;;v'/?,/'J , before me, . ,
, a N tary PublIc, City Clerk, City of Gilroy, State of
Call fornla, duly sworn, personally appeared WAL-TF$-.). l+ANr.J(.:\" ,JJ2. ~ ~AI\l'-~ t-.1. HAJoo.JNI'
known to me to be descrtbed In and t at r'" Iy'
executed the wi thin Instrument on -I" C f,R' behalf therein named, and acknow- '
J edged to me that T)j c'y' executed the same.
IN WITrlESS \JHEREOF I have hereunto set my hand and affixed the official
seal of the City of Gilroy tn the County of Santa Clara the day and year In
this certificate first above written.
-4-
".... ...~.. ;'
~....'
EXHIBIT "A"
All~that certain real property in the City of Gilroy, County
Q~ $anta Clara, State of California, described as follows:
" I ,. .
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E
016:'!GE 283
Parcel One
Rl{~liNGJ,a.,?l)l.tiO.Jl of Parcels 2 and 3 as
i ~ I ~ 'N h I i (, l ,1:/'..1
fIle lor recbrd in the office of
shown on Parce 1 l'fap
the Recorder of Santa
)c;~'ara C)1inty 8n 00\'cl'"ber 29,1977 in Rc.)Qk (~08 of ~laps at
i'lfj,~ge 7.3, an<$ML'ing a right of h'ay [01" r<...1ad and utility
~ I.; ~.1 t
put"poses under, 0\'01', on and across a s trip of land 60.00
feet in width, the centerline of which is more ?articularly
described 3S fol10',,'s: BEGI~\:nNG at the northerly C,)l:linon
Gorner to Parcels 2 and 3, as shown on said Par:el t'iap, and
running thence along the line COffi110n to said Parcels
S . 45 04 9 I lOll \~ . 280. 00 fee t .
Par eel 1\.; 0
BEING a pOl"tion of Parcel 3 as shO'o.;n on said Parcel ;.13.p, dnd
being a right of way for road and utility purposes under,
over, on and across the following described Parcel of Land:
BEG I N~\l ~\G a t the mos t \,'e s ter ly corner to Pare e 1 One, ab ove
10
des c I' i b (> d, and run n in g the 11 c eN. 44 0 l'~ 5 0 . ,\.,1 . 18 2 . 3 2 [ e e t ;
thence along a curve to the left with a radius of 270.00 feet,
, .3."
through a central angle of l4005'Q" for a distance of 66./d
feet to a point in the north(:rly line of said Parcel 3; thence
a 1 \)[1 g S aid nor t: h:: r 1 y 1 in eN. 89 01+ 8 1 0 6 "E . 9 4 . 6 8 fee t to a p () i n t
from ','lhich the corn:non corner to Parcels 2 and 3, as shown on
said Parcel ;,j,lP bcars N.890(+8'06"E. 305.74 feet; t11ence leav-
ing s3id norterly line S.L+I+olO'50'1E. 152.32 feet; thence along
a curve to the left with a rndius of 30.00 feet, through a
central angle of 90000' for a distance)f 47.12 feet to a point
in t11e northv,'cstc:rly line of Parcel One, above described; thence
a 10 n tj s ,1 i d nor Lll'..' L S U, r 1 y 1 in e S. 1+ 5 05 9 ' 10" \>,l, <j 0 . 00 fee t tot he
puint ()f beginning.
Parcel Three
,\ tc;;-,;)Jrp.ry C,Jsc:;~cnt fur the installation and IlaintC:i1ance <If a
dr)'::esLic \'.'3ter supply line aild appurtenances thereto (including a
st.ll"a8e tank) U\'I:-r' unJr:,r, on and acruss a strip )f land 30.00
fee t i:l \-1 i d t h, 11) e c (: n t e r 1 in e 0 f '.,' h i c hex ten d s sou L11'.': est E: I' 1 y
aloil~ tile line CO::1:l)on to Parcels 2 awn, as sho',.m on said Parcel
I
>:3p, frJ:11 the terminus of ?arccl C71e, above uC'scribC:8, to the
s()'Jthc-rly CO::l11011 corner to SAid parcels; and also a strip of L~nd
30 . 00 f E: e tin ',': i d t h, tl-~ e so'.! t 11 e r 1 y 1 in e l) f d. i chi 5 the sou t h (- r 1 y
li.ne of Parcel 3 as s1l)',,'n on said Parcel ~'~lp, and c:xtcnding \o,'est-
(' r 1 y [ r <.):n t 11 e '..: C ~,: tel" 1 y 1 i II e 0 f t b e 3 0 . 00 f l.) 0 tea s e :;~ c. n t 2 b 0 v e
(1 e s c rib C' d, t <.) 3 P u i 11 t t 11 a tis 90, 00 [ c e t \,' cst c r 1 y f t- () in t bee 0 l' 11 e r
cu:,::-,,'i"I to s.1id ~)(ll"ccls 2 ;nld 3. '111C right of \o.'ay granted in
?<11'cel T111'(e 5h'll1 be null ;\nd void 1Ji)un construction of pc1'r~.:1lwnt
',,';, l (, r :' , ] ;);) 1 y f: c i 1 i t: e 5 ':-1 C C (, P t cd by L 1) e C i t Y (1 f G i 1 l' 0 Y .
RECORO~' ~ Ml:MD
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OR CARBON COPIES MAKES
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County of Santa Clara /,~. /_ cr..J
County Recorder Date ~ I
County Government Center. East Wing
70 West Hedding Street 4;; '7'1---...
San Jose, California 95110 REi f J /c.e#'1{J<.1/ ~ ~..
(408) 299-2481
We are returning the enclosed document D unfiled '~unrecorded for the reason(s) checked:
REAL PROPERTY RECORDINGS
~. For photographic reproduction legibility is unsatisfactory in portions of the d9.Cum,ent(s). (Gov't. Code 2361. 7)
f The portion of the document not photographically reproducable is q hr~( r- A --.::>.:i /A ",./"~<:4
[J Legal description omitted D Property not in Santa Clara County.
Must have, "MAIL TAX STATEMENTS TO:", and show name and address at bottom of first page of deed, (Gov't. Code 27321.5)
[J Address of Trustor omitted (Gov't. Code 27321,5) Name of [J Trustor i] Trustee [J Beneficiary omitted.
=:: Document should be [] Verified; D Acknowledged; D Both verified and acknowledged.
Name in [] Caption D Acknowledgment does not correspond to signature.
Acknowledgment Verification not correct; [J County or State not in venue; D Signature and/or seal of notary omitted, D
Notary [] Seal cannot be legibly reproduced by photographic methods (Gov't. Code 8207); [] Corporate [J Partnership
Attorney In Fact.= Public Corporation acknowledgment required.
Survey Monument Preservation Fund Fee of $10.00 Required. (County Ord, No. 300.273)
l] Not Signed By
Show ~ Assessor's Parcel Number on Document (County Ord. No. A30-42.5) [] Name and return address on document.
[] Must provide completed "Preliminary Change of Ownership Statement." (R&T Code, Sec. 480.3, Eff. 7-1-85).
Failure to file will result in an additional $20,00 recording fee, The form must be signed by a transferee, not an agent acting
for a transferee.
[] Original Document Required [] Court Certified Document Required,
~ Re-recording ~ i~clud~ reason on document ~eeds to be re-signed and re-acknowledged.
Other dNI rr(M,-r I'~~
TRANSFER TAX INFORMATION
[J .County Transfer Tax amount not given.
[-I "City of: San Jose; LJ Mt. View; ~J Palo Alto; [J Other;
*County Transfer Tax computed on equity or full value of transfer @ .55q; per $500.00.
"City Conveyance Tax computed on total selling price @ $1.65 per $500.00.
[J Explanation for "no tax due" required in Tax Declaration on deed.
Signature of declarant is required in the tax declaration. (R&T Code 11933)
Other
Conveyance Tax amount not given.
FEES & COSTS (See page 2 for fees)
Recording/Filing D Fee not enclosed. [J Insufficient fee enclosed.
Additional [J Document! D Page; D Debtor/Lienee Additional Indexing; ADD $ (Gov't. Code 27361, ET. SEa.).
[J Correct fee is $ D Appropriate Tax. [] $20. for missing or incomplete preliminary change of ownership statement.
Check/Voucher [J Unsigned; [] Should be made payable to Santa Clara County Recorder. D Stale dated.
Your remittance of $ by [J Check, CJ Cash, [] Money Order, D Voucher is being returned
herewith.
iJ State- County - Municipal lien releases $9.00 each.
[J Document already recorded. No additional fees required.
[J See reverse side of this form for additional fee information.
[J Other
[] Returning document per your request.
Please return a copy of this transmittal with your document. LAURIE KANE, County Recorder
Sl690 REV 11/92
By .#c.~ ~
BOB HORIUCHI
9-
--------
, Deputy
Page 1 of 2
RECORDING AND FILING FEES
(Effective August 7,1991)
1. RECORDING FEE (Section 27361 et seq., Government Code)
The basic fee for recording and indexing most documents such as deeds, mechanics liens, homesteads, etc. is five dollars ($5.00) for
the first page and three dollars ($3.00) for each additional page or fraction of a page. A page is one side of a sheet 81 /2" X 14" or smaller.
Note: penalty Print. An added charge of $1.00 will be made for each page upon which penalty print appears. This consists of printing
which is spaced with more than 9 lines per vertical inch or more than 22 characters and spaces per inch measured horizontally for not
less than 3 inches in one sentence. Note: Indexing of More Than 10 Names. Any document requiring the indexing of more than 10 names
to give the required notice, and which does not refer to a previously recorded document, shall be subject to an additional fee of $1.00
for each group or portion of a group of 10 names after the initial group of 10 names.
2. COMBINED DOCUMENTS (Section 2736.1., Government Code)
When two or more documents are serially incorporated into one form or sheet they will be considered as two or more separate documents.
A base recording fee of $5.00 will be charged for the first page and $3.00 for each additional page of the document, plus $5.00 for each
additional document title to be indexed. For example;
A Deed of Trust and a Request for Notice of
Default, combined on one side of one sheet.
Base Fee
Additional title
Recording Fee
$5.00
$5.00
$10.00
A Substitution of Trustee and a Reconveyance,
combined on two sides of a sheet.
Base Fee (2 pages)
Additional title
Recording Fee
$8.00
$5.00
$13.00
3. PRELIMINARY CHANGE OF OWNERSHIP STATEMENT-$20.00 fee is due if statement does not accompany documents as
provided in Sec. 480.3 of the Calif. Rev. & Tax. Code. Effective 7-1-85. The form shall be signed by a transferee, not an agent
acting for a transferee.
4. NOTICE FEE FOR INVOLUNTARY LIEN (Government Code 27297.5)
Each named defendant or lienee $3.00
(Two persons named as husband and wife with a common address will be charged one notice fee.)
5. A SURVEY MONUMENT PRESERVATION FUND fee of $1 0.00 is required for any grant deed conveying less than an entire lot in a tract
or a grant deed conveying property described by a metes and bounds description. (Santa Clara County Ord. NS 300.273)
6. DOCUMENTS REFERRING TO PREVIOUSLY RECORDED DOCUMENTS AND REQUIRING ADDITIONAL INDEXING Section 27361.2.,
Government Code Amended 1969) An additional fee of $1.00 will be charged for each reference to a previously recorded document other
than the first reference, if the additional reference requires indexing.
7. FILING FEE (Section 27380, Government Code)
The fee for filing, indexing and keeping each paper not required by law to be recorded, such as a building contract, is five dollars ($5.00).
8. UCC RECORDING - FINANCE STATEMENTS (Section 9403 et. seq., Commercial Code)
The fee for recording and indexing, an original, continuation, termination, release or assignment is the basic recording fee. (See item
#1 above).
9. UCC SEARCHES The fee for searching and furnishing data for UCC Transactions already on record is $15.00.
10. MAP FILINGS FOR RECORD-Subdivision, Parcel, Survey, Assessment, Cemetery (Section Z7372, Government Code
Amended 1957).
First Page $6.00
Each Additional Page $2.00
11. COPY FEE (Section 27366, Government Code)
The fee for a copy of an official record prepared by the recorder is $1.00 per page 11 x 18 inches and .501t for each additional page or
part of a page not exceeding 11 x 18 inches. Copies exceeding 11 x 18 inches shall be one dollar and fifty cents ($1.50) for the first page
and eighty cents ($.80) for each additional page or portion of a page thereof.
12. CERTIFICATION FEE (Section 27364, Government Code)
The fee for each certificate under seal $1.00 NOTE: Since the repeal of Gov't Code Sect. 27367, all certified copies must be prepared
by the County Recorder.
13. SEARCH FEE (Section 27369, Government Code) The fee for searching the official records is .501t for each year to be searched.
14. FILING FEE for Preliminary 20 Day Notice is $20.00 each.
Page 2 of 2
33645