Construct Land Development Improvements - Hanna, Walter & Nancy - Relase and Cancellation
DOCUMENT: 13865273 Titlesl/Pages 9
RECORDING REQUESTED BY:
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Fees + No Fees
Taxes
Copies
AMT PAID
City of Gilroy
WHEN RECORDED, MAIL TO:
Rhonda S. Pellin
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Old Republ ic Title Company
RDE ** 007
9/22/1997
8:00 AM
(SP ACE ABOVE THIS LINE FOR RECORDER'S USE)
RELEASE AND CANCELLATION OF DEVELOPMENT AGREEMENT
Walter J. Hanna, Jr. and Nancy N. Hanna
DOCUMENT TITLE
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Planning Division
Engineering Divison
Building, Life & Environmental Safety Division
Housing & Community Development
COMMUNITY DEVELOPMENT DEPARTMENT
Norman S. Allen, P.E., Director
(408) 848-0440
(408) 848-0450
(408) 848-0430
(408) 848-0290
FAX (408) 842-2409
FAX (408) 842-2409
FAX (408) 848-0429
FAX (408) 848-0429
August 27, 1997
RELEASE AND CANCELLATION OF DEVELOPMENT AGREEMENT
RE: Development Agreement, No. 5869174, D336, page 260,
recorded 12/13/77, between the City of Gilroy and Walter 1. Hanna, Jr. and Nancy N. Hanna
Parcel Map in Lot 11, S.P. Fine Subdivision, 4 parcels on map dated August, 1977
All of the conditions set forth in the subject recorded agreement have been met and said
agreement is now null and void. /)
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: ck Smelser
City Engineer
RS:mg
I ;\FOR \-!S\AGRMENTS\CA.."\lCAGMT
Ex hi bit ~'A'~ (;'- ltac.iLe)
7351 Rosanna Street, Gilroy, CA 95020
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On 8/27/97 before me Patricia K. Bentson, Notary Public
, ,
personally appeared Rick Smelser, City Engineer for the City of Gilroy
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person( s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
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Signature'\;,:J:::jj;:.::~t' / ,j;/~}-.~~('t>.L'__ -
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per GC Sec. 40814; CC Sec. 1181
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a PATRICIA IC.IENIION
I.. .~ ~ ~ COMM. # 1G59D71 I
: :ow . Notary PWIc - CGItomIa
I S4NTA ClARA COUMV ..
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~ CITY OF GILROY
FILE, H}i~ PECORD
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~ OFf'lel!.\'" RECORDS'
St,N I ,~, l-L!.\:.,'. COUNTY
.. GEOI~(iC t, t;l,\tF~
, REGIS 1 RAR HEGOROE8,
AGREEr~ENT BY mINER OR HIS SUCCESSORS IN INTEREST TO
CmlSTRUCT LAND DEVELOP~lP1T WPROVEf1PlTS
D
D
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336 fn~ 260
336 r~,.t~ 260
5869174
~k Susanne E. Steinmetz,
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
City Cle~, P. 0. Box 6f
a
Parce 1 fJ1a.p in Lot 11, S. P. Fine S ubdi vis ion
Project Identification: 4 Parcels on map dated August 1977.
This is an aqreement between the CITY OF GILROY, hereinafter
referre'l. to ~s "City", anri
Walter J. Hanna, Jr. and Nancy
N. HA.nna
hereinafter referred to as "Owner".
HHEREAS, O\\Iner desires to subdivide or develop the property
described in Exhibit ^ and wishes to defer construction of permanent
improvements and City agrees to such defermp.nt provided Owner agrees
to construct improvements as herein provided.
NOll, TllEREFORE, IT IS t\GREEO:
1. AGREEt1ENT BI'lDP1G Oi! SUCCESSORS PI INTEREST
This agreement, toqether with the attached stipulations, is an
instrument affectinq the title or possession of the real property
described in Exhibit A. Ail the terms, convenants and conditions
h~rein imposed shall he binding upon and inure to the benefit of the
successors in interest of Owner. Upon the sale or division of the
property described in Exhibit A. the terms of this agreement shall
apply separately to each parcel and the O\'mer of each parce>l shall
succeed to the obl i9ations imposed on (h-mer by this agreement.
11. STREET AND DRl\H1AGE If:1PROVH1HlTS
A. City and Owner aqree that the improvements set forth in
this section may be deferred because:
Addi tional impl'ovements are inappropriate at this time.
Photog;'ap;~lc image may be
poor due to condition of
origlnal document.
Exhibit "Aft,
,
.,
D 336 rnE261
B. Owner agrees to construct the following imorovements on the
property described in Exhibit A as well as required off site improvements
in the manner set forth in this agreement:
Improvements required by. the City OeDartment of Public Horks as
generally described belm.... (Cross out improvenlcnts that <:lre not
required.)
1. Curb and 9utter
2 . S i dewa 1 ks
3. Dr i veways
4. Street grading, base and paving
5. Storm drainage facilities
6. Erosion control plantinQs and facilities
7. Electroliers
8. Underground conduit with wiring and pull boxes
9. Barricades and other imorovements needed for traffic safety
10. Street trees and other improvements between the curn and
property line.
11. Street signs
12. Relocation of existinq fences, si~ns and utilities
13. Payment of a pro rata share of the costs as determined by the
Department of Public \Jorks of a storm drainaqe or street improvement:;
which has been, or is to be, provided by Owner and others where such
facility benefits the property described in Exhibit A
14. Engineering and inspection and plan check fees
15. Sanitary sewage facilities
16. Water system
c. When the City Director of Public Wo~ks determines that the reasons for
the deferment of the improvements as set forth in section II no longer 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 ro". 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 required at a specified time. Each owner shall oarticipate on
a pro rata basis in the cost of the imorovements to be installed. If Owner is
obligated to pay 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.
III. PERFORMAtICE 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 olans
and specifications for the improvements to be prepared by competent persons
legally qual ified to do the work and to submi t said improvement plans and
specifications for aoproval 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 olans 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 "forks 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 agreemp.nt, City may, at its option,
do the work and collect all the costs from Owner. Permission to enter onto the
-2-
· property of Owner is granted to City or its contractor as may be necessary to
construct such improvements.
IV. JOINT COOPERATIVE PLAN
D
336 r!\t~ 262
Owner agrees to cooperate upon notice by City with other ~rcp~rty 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. REVIEW OF REQUIREMENTS
If Owner disaqrees with the requirements set forth in any notice to
commence installation of improvements he shall, within 30 days of the date
the notice was mailed. request a review of the requirements by the City Council.
The decl s i on of the COll nc it sha 11 be bind i ng upon both City and Owne r.
VI. MAIMTENANCE 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 riQhts 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 damaoe to adjoining prooerty.
\f' I. BO~lDS
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 ~ labor and
materials bond in an amount and form acceptable to City to be rfleased '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.
VIII. INSURANCE
Owner shall maintain, or shall require any contractor engaged 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 acceptable to
City.
IX. INDEMNITY
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 neo,ligence or act of
negligence. or both, of the Owner, his employees. agents, contractors, sub-
-3-
D 336 p~,lt2G3
contractors, or anyone directly or indirectly employed by either of them, or
arising in any way from the work 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 W &TNESS \-lHEREOF, City has executed th t s agreement as of
nprpmhpr ~f ,g77
ATTEST:
'I. ~ j r'
C &TY OF GILROY
APrRO~{~Q,!:\,~ JO FORK
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IN WITNESS WHEREOF, Owner has executed this agreement as of
Npv. \'1. 11'17
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(This dooument to be aokn~ledged with signatures as they appear on deed of title)
STATE OF CALIFORNIA )
)ss.
County of Santa Clara )
On this li 1.:1' day of -1J.C!> \/eMoEiL in the year one thousand
nine hundred and Seuev-r~ Sr-;;V"E"N , before me, .
, a N tary Public, City Clerk, City of Gilroy, Stafe of
California, duly sworn, personally appeared yJAL-TF5Z....~. t+~NA..,ll>.. ~ "-lAI\)<:'X t..j. HA~.u<J1l.
known to me to be described In and t at rA \../
executed the within instrument on -f~ c (~ behalf therein named. and acknow- '
ledged to me that TA eyl executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official
seal of the City of Gilroy in the County of Santa Clara the day and year In
this certificate first above written.
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EXHIBIT "A"
Al~that certain real property in the city of Gilroy, County
of: panta Clara, state of California, described as follows:
: 'f
E 01.6:'!GE 283
Parcel One
R"Eo"LNG,,\,a, ?01"tt,c:r of Parcels 2 and 3
pI"" r-'c' I; \' Lt.,
filed rot recbrd in the office of
as shown on Parcel l'2p
the Recorder of Santa
:q.'ara COllnty 811 0'O\'Cr,I'.Jer 29, 1977 in B00k 1~08 of ~laps at
If~ge 7.3, an~:',~~'ing a right of \<"ay for rl~ad and utility
purposes under, over, on and across a strip of land 60.00
feet in width, the centerline of which is more ?articularly
described as fol10-,,'s: BEGI!\~aNG at the northerly co,CI:non
G(..Jrner to Parcels 2 and 3, as shOl\'n on said Par:.:el ~'Iap, and
running tIlence along the line CO;1l;l1on to said Parcels
S . 45 0 L. 9 I 10 I I \-l . 2 80 . 00 fee t .
P;ncel1\.,1o
BEI1\G a portion of Parcel 3 as s11o\o,'n on said Parcel l'lap, dnd
being a right of way for road and utility purposes under,
over, on and across the following described Parcel of Land:
BEG I W\l '\G a t the mas t ,,'e s ter ly corner to Parc e 1 One, above
10
des c l' i bed, and 1'1.1 n Il in g the nee N. 44 01-2..: 5 0 ' 'I-l . 18 2 , 3 2 [ e e t ;
thence along a curve to the left with a radius of 270.00 feet,
_ 03'1
t 11 l' 01.1 g hac e n L l' a 1 a n g 1 e 0 f 14 005 '-s:2:." for a d i. s tan ceo f 66. 1+3
feet to a point in the northerly line of said Parcel 3; thence
a 1 \m g s aid nor t: h: r 1 y 1 i 11 eN, 89 04 8 I 0 6 11 E . 94. 6 8 fee t to a poi n t
from ','lhich the com:non corner to Parcels 2 and 3, as shown on
sa i d Par c e 1 l'll P be a l' s N. 89 0 I~ 8 I 06 "E. 3 0 5 . 7 4 fee t; the nee 1 e a v-
ing said norterly line S.4/+o10'SO"E. 152.32 feet; tllence along
a curve to the left with a radius of 30.00 feet, through a
central angle of 90000' f0r a distance)f 47.12 feet to a point
in the northv.'cst:c-rly line of Parcel One, above described; thence
along s,lid norLtr..'cstc.rly line S.l~5059'l0"W. <;:0.00 fcet to the
puint of beginning.
Parcel Three
t\ t c';) ) r 2 rye.} s c :;~ e n t fur the ins t a 112 t ion and n a in ten a nee I') f a
dry;;csLic ,,'J.tcr supply line J.;,d appurtcnJ.nces thereto (including a
st.H'aE,e tank) \...1\":-1', unJ'-~r, on and across a strip )f land 30.00
feet in width, the c~nterline of ~hich extends southwesterly
aloil5 tile lil1e CO~:imon to Parcels 2 and3, as Sllo'..;n on said Parcel
:-~'1p, frxil the terminus of ?arc0l C"l1e, above dC:'scribed, to the
SO'Jt11c-rly CO:~:llon corner to said parcels; and also a strip of land
30.00 '::E:et in -..:idth, tlie SO'_ltIlerly liile of ,,'hich is the soutl,erly
line of Parcel 3 as 5hy.,-n on said Parcel ~'~lp, and e:xtcnding ....'est-
erly fl~<.):n the ..,:e~:tcrly line of the 30.00 foot e:ase;;,cnt above
(lcscribed, to a point that is 90.00 feet ,,'esterly frol11 tIle corner
CU:'::-,'ll to s-'li.d ?:n"cels 2 ;,nd 3. 'nit? right of \-.'ay granted in
?:1l"cel nnce sh'lll be null and void ui')un construction of perr,,]lwnt
',,';:.(..:-r ~-J;);lly f,:cilit:C's Z'tCc('ptcd by the City of Gilroy.
RECOROER' ~ MtMIJ
f'AINT WRITlN(J OR TYPING
OR CARBON COPIES MAKE:S
iIOOR PHOTOGRAPHIC REC~
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