Construct Land Development Improvements - Tomey, Eleanor J.
/1
fit
?~3
NO FEE. IN ACCORDANCE WITH GOVERNMENT CODE SECTION 6103.
590652~
CITY OF GILROY
BOGR () 417 PC 91
FilED FOR ~&Ql#R,' 0
AT REQUEST (IF
~1~
JAW 19 12 4 Ii PH ' 7 8
I 'OFFIOIAL REOORDS
i$ANTA CLARA COUNTY
/(iEORGE A M/"tlN .
RE.GJSTRAR RECORbEfti
7390 Rosanna Street, P. O. Rox 66
Gilroy, California
95020
AGREmENT BY OUtlER OR HI~~~eE~fR1 f~ I~AREST TO
CmJSTRUCT LAND DEVELOP~1ENT H1PROVEf'1ENTS
f)JJ
790-15--12
Project Identification:
This is an agreement between the CITY OF GILROY, hereinafter
referre,'l. to ~s "City", anti
Eleanor J. Tomev
herei nafter referred to as I!OI.V'nerll.
HUEREAS, Owner desires to subdivide or develop the property
described in Exhibit A and wishes to defer construction of permanent
improvements and City agrees to such deferment provided Owner agrees
to construct improvements as herein provided.
NOll, THEREFORE, IT IS AGREED:
1. AGREErlENT BJilOING Oil SUCCESSORS Pl 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 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 parcpl shall
succeed to the obligations imposed on 01,'mer by this agreempnt.
11 . STREET AND DRAHlAGE H1PROVEr1ENTS
A. City and Owner aqree that the improvements set forth in
this section may be deferred because:
Improvements are inappropriate at this time
B. Owner agrees to construct t:'.e following imorovem;3nts 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 Oepartment of Public Horks as
generally described huJ~w, (Cross out improvements that are not
requ ired. )
l.
2.
3.
4.
5.
6.
7.
8,
9.
10.
ll.
12.
13.
Curb and CJutter
Sidewalks
Driveways
Street gradina, base and paving
Storm drainage facilities
Erosion control plantinqs and facilities
Electrol iers
Underground conduit with wirin9 and pull boxes
Barricades and other imnrovements needed for traffic safety
Street trees and other i~provements between the curb and
property line.
Street siqns
Relocation of existinq fences, si9ns and utilities
Payment of a pro rata share of the costs as determined by the
Department of Public \Jorks of a storm drainage or street improvement;;
which has been, or is to be, provided by 0wner and others where such
facility benefits the property described in Exhibit A
Engineering and inspection and plan check fees
Sanitary sewage facilities
Water system
BOCK D417 PG 92
14.
15,
16.
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,
h~ 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
en 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 required at a specified tiMe. Ea~h owner shall participate 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. PERFORMAtlCE OF THE HaRK
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 sp~cifications for the improvements to be pr~pared hy competent persons
legally qualified to do the work and to submit said imDrovement plans and
specifications for anprcval 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 t~e time improvement plans are submitted for
aoproval. Owner aqrees to commence and complete the work within the time
specified in the notice given by the Director of Public ~~rks and to notify the
City at least 48 hours prier to start of work. In the event Owner fai 15 to
construct any improvements required under this agreem~nt, City may, at its option,
do the work and collect all the costs from O\'lner. Pernission to enter onto the
-2-
prdPerty of Owner is gr~nted to.City or Its contractor as may be necessary to
constl-uc.t such improvemen\:s.
BODy) 417 PC 3
Owner agrees to cooperate upon notice by City with other ~rcperty cwners,
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 this method is feasible to secure the installation and construction
of the improvements.
IV.
JOINT COOP~RATIVt PLAN
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 no~jce was mailed, request a review of the requirements by the City Council.
The cle(islon of the Council shall be binding upon both City and Owner.
V~. MAH1TENP,NCE O~ IMPROVEMENTS
City agl"ees to accept for maintenance those improvements specified in
Sectio~ I! which are ccnstructed and completed in accordance with City standards
and requirements and are installed within riQhts of way or easements dedicated
and eccepted b, ~esolution of the City Council.
Owner agrees to provide any necessary temporary drainage facilities, ascess
road or other required improvements, to assume responsibility for the prooer
functioning thci-eof. to submit plans to the appropriate City agency for review,
if required, and to maintain said improvements and facilities in a manner which
will precluce any hazard to life or health or damaoe to adjoining prcoerty.
\III. f::N![''i
Pr i or to approva I of i mpro'/ement plans by the City. Owne r may be rcqu ired
to execute and deliver to the City a faithful perforMance bond ar.d ~ labor and
matel-ia1s bond in an nmount and form acceptable to Citv to be rficA5~rl 'hI th~
City Council in whole or in part upon completion of the work required and payment
of all persons furnishing ldbor and materials in the p'~rformance of the work.
VIII. INSURANCE
Owner shall maintain, or shall require any contractor engaged to perform
the work to ~aintain, 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 O\>mei" shall assume the defense ol'd indemnify and save harmless the
City. its officers, agents and employees, from every expense, liability or
payment by reaSOj'l or injury "including :leathl' to persons or dl'lmage tCl property
5uffereJ through any act or o~ission, includinq passive neqligence or act of
negligence, or both, of the Owner, hi'; enployees, age"ts, contractors, sub-
BOOK D417 PC 94
contractors, or anyone directly pr 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 WITNESS WHEREOF, City has executed this agreement as of
Janua,ty \3. 19Z8
ATTEST:
C lTY OF GILROY
.. ---1" ?Ji~~'~ '~~~&$Ju4
~ C -erk '" "', Mayor //)
-,.' ' ,. " ..,/ "
,>,' /'// -/,4, '
" / ' / I "
;u/ (." /(/#d:.
City Administrator
APPROVED AS TO FORM
Ci
IN WITNESS WHEREOF, Owner has executed this agreement as of December 21,
1977
r'
('. ( ..... '-( 1-\.." r"\)
'" j ..,~c 'l~ ..__,I ~
!
/, "
-,.t.) 1\. to ;/'_
(This document to be acknowZedged with signatures as they appear on deed of title)
STATE OF CALIFORNIA )
)ss.
County of Santa Clara )
61- ~ I
On this 2/- day of Ui;C.E~ ~U~ In the year one thousand
nine hundred and ~~v~.v:to~~~V~;b~iC, C'I ~irri b~~~~;e~f;~l"~~~~T~:;'~~N
California, duly sworn, personally appeared ;;:(~If,~"MJ.. 7cJ4I/:1Ar /o-<..t tE'':-t
known to me to be described in and that S't, 4"'"
executed the within Instrument on behalf therein named, and acknow-
ledged to me that SJ-, r 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
~. certificate fi~st above written.
''-..,
( ,'D
'(~=--
, State 0
Ca 1i forn i a
~~ 4081
-~-",-/"...../'<-~.~=~~~~.-"'-~w ..
OFFICIAL SEAL
Fn'}! i\:n FETERf,\/\N
NOTj',RY PUOllC - CAUFOR NIA
.
f n,I :~~.:~,,: ;<:.: ;.~.~.;~ ~'~~; ~':,\\u~'n y ~ (
1.,/,....1 ,,, ~.y"C, ",..d ID, 191)0 ),
~~;:'-:'~,~k,'~:~""-' .:"""'-~~
. 7S10 Monterey St., Gilroy, CA -9;~~;
-4-
~
a
~
"7)
~
v
.~
[, -<J.
~ I
I. ~I
01
lJJ "'I
~ .,. I
,.. 24 :1l 25 I
I
... 1
I ~
. I
I I PCl. 2 PCl I
I
I
t
6
PCl A I
W '" I
'" I
...J "- 30 I
~ I
I~
0::: _ _ ~9..}1_ _ _~:;:
<( PCl B 1-
0 I
'"
I I
'" 1
., 29
I
j~' I
89.445 I
PM 410-M-15
28
~"t ,.~z ~
~ ~ RONAN -<r-' '-+
GG.15
tl:
en
_..-t
I
I n,J
.
~
(t.
~
(,)
\
""
~.1 2
3
PROP, lIHE a
ORIG. t CAAL'l'L( AVE,
I~ ~
.. -
- PCl A
P. M.
SITE 790-\t;5-Z6,2S' {-'-)C(FOF'~lY=RLY
/90-1l?- !2)
~-~
104,'lS ~
10.... ~2> ~
@
NORTH GILROY TRACT
~
Het.
7S 100 ~
~ --- -?"-.----<( --~
i -
~
~ I /6 ~I _I l'
la,
I .'
f : -1 4
.' I I
I I
- -~_ -----------t-----l....75 '-'5..~_ ____
"r I
i
14
.!J - 52
~
5~ " u ,
_,60S
-b- - '-4-
I
j 21'
21 ",
I PCl B :"2
I ... I
399 - M - 55
10+45 E
~
@
EXH I BIT "A"
ELEANOR J. TOMEY AGREEMENT
",I
I
~I
~I
I
I
I
I
8'
1.~7'i. ,
+-
...
,"0 \.
6
...
~
'47,:H ~
.z
I lea'l'
6
~
a.
~
'?)
~ X./~84e5'O
~ ~/9?420
r.14-- -:;-~IMAN- -?-;
Ite. ~ ~li5
~
I.
UJ
~ ~
...
! ,"
I !
~
24
I
~I
01
011
~1l
25
PCL 2
I
I
I
I
I
I~
- - ~"}L - --l:i
PCL B I-
I '
I
I
I
I
I
w ~
-' t
~
PM. 410-M-15 ~
(..) '"
I ~
i"'
30
28
29
99,I~
69.46
~ ~ RONAN ~ ...-+
&1", i '.,1 Z ~
.L '" ',~
(f) ~ 1 .1 I~ ~
_..~ 3 : PCL. A
, op, LlHE a P. M.
In.,. ~IG_ t CAIlLYLE AVE.
'0::-
~
(.\
5ITE'790-ll5-ze>,29 ?30(FO~m=Rl-Y
. 7130-1~-12)
104."n ~
~
14
@
NORTH GILROY TRACT
~-~
~ -'- ~_._~ -'--q-
-~.
..
C>
Iri
~ JJ .
!f2
n~ I "JsGC~
I
wl
/6 =1
,"----- -J----l:-"',L--
, ~~s
, I
I
I
I
",I
I
~I
!I
I
I
I
I
I041ZS i
~
11
stt
1'2'
.2
8'
~-, ,-+
75 sa
~ r.:'""
o 27
'21 ,- .',
I PCL. B "':"2"
. I _.. I
399 - M - 55
@
_,60S
&'27~" {
+ ...
lO445i "0 l IU,)i 'i
~ ..
6 ~ .z
I Isa,",
EXHIBIT "A"
ELEANOR J. TOMEY AGREEMENT
~
~----
It
J23
CITY OF GILROY
DEPARTMENT OF PUBLIC WORKS
Memorandum
December 29, 1977
TO:
City Administrator
F ROH :
Director of Public Works
RE:
Recommendation to Approve a Deffered Improvement
Agreement for the Eleanor J. Tomey Property.
The owner has submitted a parcel map for separation
of her property. Improvements are inappropriate at this
time.
I recommend approval of the agreement.
Da '6 W. Hanse
Director of Public Works
City Engineer
DWH:ep
Attachment
~
J-K-- L3- /
\~- \ ~~\O>_ So .\./"., ~~ ~~
,\ - 1 z ", \, \~ c:>:~~'
, Z___ ~==T' ~\ , '
~L__ ~~~--_. . .Ii'~' ~
''''-T '~ -"a ~ '\ ,'~
f I Il~ \ · ,. M ; J) 6 2' '~~\ \
II ' I ", ' '.. ".\
IPM ""tOL \....--L"l"."..., ' ", ',' ~
II , t"') , .L. \ I .f ~'1~d .A..~.\ 1"'"',
lr-' r=~=-I<':. .~~~~......
:1: 1 fl,P..~J.i,JII J "I . 111' 1 ';\tf1-JB "~ c"
. .. ~~ ..... to ':0>"
,f", .'~~.~' '. ,..j.. ' '.' ~~-"~
I ~, ''-lI~ ---- ' ",'.:'\\\\\\ - X ~~~.,
, I , 6,2" ~.1r/ · .'~ ~ LHlJd: · .." \' , i \\ .'
, \..~ ~~, I
---- '-,<1111Iillm ,t: : ' . ",' ~. A ·
1----4, " . ,,"'" r ,,,~,\. " ' ,,' ", k;.~" ", ...~t\........\' ~
2 ( 5$ ,.' 0" I ,; ,,:\,: . "'~:".., ',' ,.~, '~/~ "".'\.,
\ ' , ' "''\.' ',' '7"":".,.,'''" ,'"
", ......:__.....:.......fi;i ,'.' " . r' j. '\,
'. " ,~' ,.1 \ ," .~;\ \.:.~ ;\\' \".. '$: '., " l\~ .
, --c-/" "'-.1 ' ~ 4r ,,\''x--X\ ~\. '~~
, .~~\ .' .,),. . ,y-~(\\,. \\\
I I*.l~ " ",IP~" ~.u \ ' l~" ".:W '''~\o \)
\ ;-1., I r;~ \.14 T R e:l8' " II 1 ~. ~~.. -, ,..,a , 1
rl ~ "'I.~" ,', '\ LIDtt >,\W~ .\J.~ ~). ,,"" rP' , " '
-. ~..A" '~. ~ ~l 'i' .', ". "~ ...(~..... ~
~:\~e''I.~~'~, ;:;, J ~ F "~~~~~~,~.~
f\ .. i ,,~ ~,~~'. I" 'Y\'. .&\ ~,\; L~~I"\
~ ~ . \ -~ ~ t::\.~.:L, ~~'(, '\.~*~~\\ ~;~"~
~\\_-~~
~~
.~ "~
.\
.
VICINITY MAP
FOR
THE ELEANOR J. TOMEY PROPERTY