Air-O-Fran Products - Right of Way Agreement
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5722868
002 fiCE548
EXTENSION FROM KERN AVENUE TO 550 FEET EASTERLy THEREOF
RIGHT OF WAY AGREEMENT
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~OR WfLBURN AVENUE
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1\.1
.;, 0:: t\GREEMENT, !ilade and ente red into by and between the CITY OF
GILq v. a municipal corporation, herein after c.dlled IlCITY11 and AIR-ll-
CAN P~ODUCTS CORPORATION, hereinafter called AIR-O-FAN.
WHEREAS, full street improve~.nts are proposed to be constructed from
~ern Avenue approximately 550 feet easterly theron and partial improvements
~re proposed to be constructed On Kern Avenue in the City of Gi I ray and:
WHEREAS, said improvements will benefit the CITY by providing an
extension of the CITY'S street system and water system and will benefit
AIR-O-FAN by improving their property and by improving their water capacity an~
by improving the fire protection capability.
NOW, THEREFORE;
For ilnd in consideration of thei r mutual promises and covenants herein-
after set forth and subject to the terms, provisions and conditions herein-
after set forth, both parties hereto do hereby agree as follows:
1) The CITY agrees to construct full street improvements On Welburn
Avenue from the AIR-O-FAN east property 1 ine to the centerline of Kern
Avenue, Kern Avenue shall receive minimum improvements.
2) AIR-O-FAN agrees to dedicate to the CITY an 86 foot wide right
of way for the extension of Welburn Avenue from Kern Avenue to the
AIR-a-FAN easterly property 1 ine and a two foot wide dedication
along the Kern Avenue frontage for the future improvement of Kern
Avenue.
3) The CITY agrees to install the following
paving On Welburn and the completion of the
100 feet north and south of Welburn Avenue,
water main, water services, sewer laterals,
and storm drainage as required.
improvements: 62 feet of
paving on Kern approximately
curbs and gutters, sidewalks,
electroliers, fire hydrants
4) The CITY shall defer reimbursement of all costs for said improvements
until such time as AIR-a-FAN or it's assigns elect to further develop
their property or any portion thereof.
5) AIR-a-FAN agrees to pay at the time of such development all costs
as required by the then current CITY Development Resolution. AIR-O-
Fan will not be responsible for a 31 foot strip of paving along their
Welburn Avenue frontage. The 31 feet of paving along Welburn Avenue
shall be considered as payment for the 86 feet of right of way along
Welburn Avenue and the 2 foot dedication on Kern Avenue.
Costs for which they shall reimburse the CITY include all costs for
curbs and gutters, 15.5 feet of street paving, sidewalks, water main
and services, sewer lateral, electroliers, fire hydrants and storm drains.
and area development fees.
6) AIR-a-FAN shalJ be given credit for all area fees paid on prior
agreements.
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STATE OF CALIFORNIA )
County of Santa Clara )ss.
On July 8, 1977"before me, undersigned, a Notary Public
in and for said State, personally appeared BYRE E. DAVIS
and C.J. KRAUS, known to me to be the persons whose names
subscribed to the within instrument and acknowledged that
theyexecute~ the same.
WITNESS my hcind a.,nd official seal.
S i gnatureV?J 1nvj {:;-/ilc::::~L
i' ity Cl ark, City of Gi 1 roy, County f Santa
Clara, State of California. per ~y'&. 1181;
GC Sec. 40814.
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o · 002 PAtE548
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