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Construct Land Development Improvements - Hanna, Walter & Nancy - Relase and Cancellation DOCUMENT: 13865273 Titlesl/Pages 9 RECORDING REQUESTED BY: 111111111111111111111111 ~0l113:::rS5273;o; 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 "Qa ~CJ. ~ ~~ ....0 .~~p ~ f't:"J ~ 0(;;fo '~o<::'- ~ .~CJ c; CJ.::) ~ ,0'00 ~rc; ;::,0 ~ 00) <S .~ .if- 0'" t-c':i) <<~- ~o 0 (!litt! of ~ilrot! 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. /) 1 : . y / ce ,/ / ~// : 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. ....'... /--.. ,'\./ .. ~/~!/ .~~ ~ -- Signature'\;,:J:::jj;:.::~t' / ,j;/~}-.~~('t>.L'__ - __~_../' , .- J per GC Sec. 40814; CC Sec. 1181 I~~~-~~~~~~~~~l a PATRICIA IC.IENIION I.. .~ ~ ~ COMM. # 1G59D71 I : :ow . Notary PWIc - CGItomIa I S4NTA ClARA COUMV .. '"" ~ ~ 'r~c:"'~.~:~9~1~ j ~ CITY OF GILROY FILE, H}i~ PECORD e1C~~ ~ 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 6~i 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 ,[." , ,',', , l , j (; ~ r!J #)/10" if ~'l;~"~~fk~ IN WITNESS WHEREOF, Owner has executed this agreement as of Npv. \'1. 11'17 ~~A~~ -/(~/~~ (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. -4- ~, ~., 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. 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