Loading...
Construct Land Development Improvements - Van Deventer, Larry and Anna L. .3.:z3 6023752 NO F[~. RE~ Government Code Sec. 6103 7390 Ros~nna Street~ P. n. Rox Gf Gilroy, California 95020 FH.eo FOR RECORD D 68SPlGE 123 4.11{~ MAr ,3 W Jj AM '78 '" ~ \ (: Oil! ~CIAl.. RECOROS Y \ oAt~: f.\ OLARA COUt'TY GEOF<(;!;. A MANN ~ AGREH1HlT BY mmER OR HIS SUCCESSORS IN INTEREST TO REGISrRAii F~l;;:COADEftJ conSTRUCT LAND DEVEloprlP1T mPROVEr1Hns D 689p~GE123 CITY OF GILROY Project Identification: Parcell of 790-7-09 This is an aqreement between the CITY OF GILROY, hereinafter referre'l, to RS "City", anti Larry Van Deventer rlnn Anna L. Van Deventer herei nafter referred to as "~"'''''(>r". HHEREAS, Ouner desires to subdivide or develop the property described in Exhibit ^ and wishes to defer construction of permanent improvements and City agrees to such defGrment provided Owner a~rees to construct improvements as herein provided. no!!, THEREFORE, IT IS !\GREED: 1. AGREEf1ENT BFlDPIG Oil SUCCESSORS Pl InTEREST '-" .-;}- This agreement, toqether with the attached stipulations, is an instrument affectinq the title or possession of the real property described in Exhibit A. All the terms, convenants and conditions herein imposed shall be bindin~ upon and inure to the benefit of the successors in interest of Ol;mer. 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\'ffier of each parcpl shall succeed to the obl i9ations imposed on 01"mer by this agreement. 11 . STREET AND ORl\! NAGE If:'PROVF.:r~HlTS A. City and Owner ~qree that the improvements set forth in this section may be deferr~d hecausp.: a. Complete improvements are inappropriate at this time. b. The owner agrees to extend the 12 II SEmi tary sewer along this Farrell Avenue frontage to the easterly property line, approximately 161.38 lineal feet easterly from the proposed centerline of Church Street. The City will pay the difference between an 8" and a 12" sewer main upon completion and approval of the new main. c. The proposed private water line crossing Church Street to parcel 1 and 2 shall remain intact until such time as a completed and operation water main has been installed in Church Street and is approved to serve the adjacent properties. The owners shall install said private line at a minimum depth of three feet across Church Street. RECORDER'S MEMO FAINT WRITING OR TYPING OR CARBON COPIES MAKES WiDC)lll PHOTOGRAPHIC RECORD D 6891)~GE 124 B. Owne~ agrees to construct the follrn~inq 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 Oepartment of Public Horks as generally described belmJ. (Cross out improvements that i:lre not requ ired. ) 1. Curb and gutter 2. Sidewalks 3. Driveways 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 improvements needed for traffic safety 10. Street trees and other improvements between the cur~ and property 1 i ne. 11. Street signs 12. Relocation of existinq fences, si~ns and utilities 13. Payment of a pro rata share of the costs as determined hy the Department of Public Horks 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 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. Each 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. I I I. PERFORMM1CE OF THE HORK 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 plans and specifications for approval prior to commencement of the work described in the notice and to pay city inspection fees. The work shali 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 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 the costs from Owner. Permission to enter onto the -2- p~operty of Owner is granted to City or its contractor as may be necessary to construct such improvements. D 6391)~GE 125 IV. JOINT COOPERATIVE PLAN Owner agrees to cooperate upon notice by City with other ~rcpf.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. REV I (\oJ OF REQU I REMEtlTS If Owner disaqrees with the requirements set forth in any notice to commence installation of improvements he sha", 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! which are constructed and comoleted in accordance with City standards and requirements and are installed within riohts 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 agency 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 adjoininq prooerty. "". BONDS 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 rl 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. I X. INDEMN ITV 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 o~ission, includinq passive neqligence or act of negligence, or both, of the Owner, his employees, agents, contractors, sub- -3- D 689p~GE 126 , 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. I N WITNESS \'/HEREOF, City has executed th i s agreement as of Apri 1 3, 1978 ATTEST: CITY OF GilROY 4W/~ ~.d9- . City Clerk / APPROVED AS TO FORM IN WITNESS WHrREOF, Owner has executed this agreement as of March 8, 1978 (~ f. Va-v ~ (This document to be acknowZedged with signatures as they appear on deed of titZe) STATE OF CALIFORNIA ) )ss. County of Santa Clara ) On th i s 8th day of Ma rch I n the year one thousand nine hundred and seventy-eight , before me, Susanne E. Steinmetz , a Notary Public, City Clerk, City of Gilroy, State of California, duly sworn, personally appeared Larry E. & Anna L. Van Deventer known to me to be the persons described in and that ex€'cuted the within instrument on their behalf therein named, and acknow- ledged to me that they executed the same. t\h\oJr.;t.Nt:S,~I~EREOF I have hereunto set my hand and affl xed the off I cia 1 seal,'9f the Clty:pf Gilroy in the County of Santa Clara the day and year In thh; '~.rrtiJi.Gate~f1rst above written. , ;, ,,- "~': Gi 1 roy, State of 1181; Government -4- D 689p~GE 127 CITY OF GILROY DEVELOPriErn COST SCHEDULE floe Date 2/2/78 Initialed Location of property FARRELL AVE PARCEL 1 Assessor's Parcel # Name of Applicant LARRY VAN DEVENTER Address Type of' Development Proposed R-1 Area .319 AC NET Storm Zone B @ Frontage 105.48 COST SCHEDULE 1. Front Foot Hater Charges lF @ IF. F. = $ N.A. 2. Front Foot Sewer Charges LF @ IF. F. $ N.A. = 3. Front Foot Storm Charges N.A. IF @ /F.F. - $ 4. .' Front Foot Street Improvements SF @ I s. F. = .. $ N.A. 5. Front Foot curb & gutter charges LF @ I $ N.A. = 6. Area Hater Charge .319 Acres @ lAc. = $ 320.91 ~'< D 6B9P~GE 12B 7. Area Offsite Storm Drainage Fees .319 j'\cres 0 624 /f,c'('e = ~ 199.06 8. Offsite Sanitary SetJcr Fees 1 unit (') 550 / unit = $ w/bldg. permit 9. Recreation Fees o / = $ w/bldq. permit 10. Engineering Plan Check & Inspection t1~~ x = c; deferred 11. Uater i1eter Charge rJeter n 12. Electro1iers LF @ 13. Fire Hydrants IF @ 14. Construct; on \Jater /IF + '/ l\c re = 15. Street Trees 11 :: It deferred .:) :: $ deferred :: d' deferred ,\ It deferred ./ :: w/bldg. permit $ 16. 17. = $ :: $ Total :: 519.97 $ "V& ' '3...;L- '1 R ~_' -;f 'i\5L~Q.I ~\ S~-.~ ~ STIPULATIONS COUNTY OJ' fWi1U CUlU. I ( I , i ~ ~ J I ~ t! iJ ~ .' lii ~ 1 ~ ~ fj I,~ f,: t r f< "I fi Ii Bequest For Becord1Dc of Lep,l Inltrument Tr.anaterr1nc Real Property Intere.t J'cr Value Becord1nc Bequolted BI: City of Gil ray A.4dre..: P.O. Box 66 Gilroy, California ZIP Oode: 95020 .AMOtmT OJ' CONSI.DJ:aA.!ION C:Part 6.7. Dil"i.lon 2. Oallfom1a Bevenu.e & 'la:rattOIl 004ei alltO Ohapter 2, ~tle 2, Ordinance 215. Santa Olara COUll ty Ord111ance Code) .0 Show Percent of Value In Eaoh Juri.diction: '/. 1\.ec.onle.,..'5 S u-i ~,I --:tJ.- C,OZ37S.y IS i!J.:J K -:::b (p f:j if p~ /33 .1l.lllCOlUllAR1 S DO'J;.n1~:J':I' ;;,.ro: REOORDER IS DEP J.RTMENT ( Separa te Writ ~:I lteoord.er I . n.e ,. .0 Campbell Cupertino Gilroy ~ ~ 100% i ~ , !~: !1 I Lo. Altol ~ Lo. .u to. HU1. LOI Gato. Milpl tal Monte Sereno , Mounta!.J1 View I I Palo Alto MORGAN HILL I I I DlXJLA.RE UllDllll PENALfi OJ PDJtJBY J..'ND 00JmJl0! :1- 5"-23-78 ~ 5 - I~- - 7 8 Qi&.ftOlU Larry Van Deventer & Anna L. Van Deventer GlWI'Dm: City of Gil ray lMtcorder'. O.e a Val,. of DoCQMn~ !u: S'-Pa Ui':b:ad: . ~ 1lecor4er ' a San J... Saata Clam 8aratop. , ~ Unt 'ftOftporaH4 A..:IAmeda COldl t7 Merced. Ocnmt,. I Sq :Benit. Oe\mt;r ~ l'aae Oout7 &ata Crus Oout7 Stani.lea Oeu:D.tT J tl ~ ~ ~ ~ I Pl.-Ie PrtDt ....: Fred O. Wood,City Adm; Date: 5-15-78 CERTIFICATE OF ACCEPTANCE OF CONVEYANCE TO THE CITY OF GILROY BY LARRY VAN DEVENTER & ANNA L. VAN OEVENTER If the City Administrator of the City of Gilroy, do hereby certify that pursuant to the authority given by Resolution No. 944, adopted by the Counci 1 of the City of Gilroy on the 6th day of JulYf 1965, at a regular meeting of said Council, a certified copy of which resolution is on record in the office of the County Recorder of the County of Santa Claraf State of California, in Book ]02], page 228, If as said City Administrator, do hereby accept on behalf of the said City the conveyance to the City of Gilroy by Larry Van Deventer & Anna L. Van Deventer of the premises described in the attached conveyance dated the 9th day of March , 19 78, and that the sa i d City of G i I roy consents to the recordation of said conveyance. IN WITNESS WHEREOF, have hereunto set my hand this 15th day of May of the City of Gilroy.