Recorded in Official Records
County of San Mateo
Warren Slocum
Assessor- County Clerk- Recorder
Recorded By
WHEN RECORDED MAIL TO: II I
City Clerk
City ofHalfMoon Bay
501 Main Street
Half Moon Bay, CA 94019
650) 726-8270 THIS SPACE FOR RECORDER USE ONLY
June 10, 2002
STREET AGREEMENT
TITLE OF DOCUMENT
Agreement Between the City of Half Moon Bay and Helen J. Carey 207
428 POPLAR STREET
PN 064- 232- 360)
STREET
AGREEMENT
THIS AGREEMENT, made and entered into this 5' day of 92/4---, r 20(x, by and between the City of Half Moon Bay, a municipal corporation, hereinafter called "CITY", and Helen J. Carey
hereinafter called " PERMITTEE".
WITNESSETH:
WHEREAS, PERMITTEE is the owner of real property in the City of Half Moon Bay, County of San Mateo, State of California, located at 428 POPLAR has requested a building permit from the CITY concerning the construction of a building upon the real property described APN# 064- 232- 360 , Lot# 7 & 8 , Subdivision 2nd Addition to Arleta Park , Building Permit# ABC 21180 and
WHEREAS, PERMITTEE is required to provide certain necessary public improvements, hereinafter specified, in conformance with the requirements of CITY which will benefit and improve the real property described; and WHEREAS, in consideration of the granting of a building permit, PERMITTEE is required, at his own cost and expense, to provide minimum access to the property consistent with the requirements of Chapter 14. 12 of the Municipal Code.
NOW, THEREFORE, IT IS HEREBY AGREED TO BY THE PARTIES, as follows:
1. The real property subject to this Agreement is described as:
APN# 064- 232- 360 , Lot# 7 & 8 , Subdivision 2nd Addition to Arleta Park Building Permit # ABC 21180
2. PERMITTEE agrees to provide access to the property pursuant to Chapter
14. 12 of the Municipal Code which, for the PERMITTEE' s property, shall be an:
CHECK APPROPRIATE BOX) INITIALS)
existing partially improved street h1 yet.z."
o existing interim private street
interim private street constructed by applicant
3. PERMITTEE agrees to cooperate with other property owners, the CITY and other public agencies to provide any or all of the public improvements set forth in Exhibit "A" of this Agreement under a joint cooperative plan including the formation of an assessment project under appropriate improvements procedures and/ or bond acts, if such a program is undertaken by the CITY to secure the installation and construction of the improvements. PERMITTEE' s signature hereto shall be deemed to be his signature Page I
I hull 11111 hIll lhlilhlI III 111111 111111 III 11111 hIll Jill zoom- 25996 208
binding on his successor and assigns, if any) on a petition for formation of an assessment district that may be utilized by CITY under any appropriate improvement act provided by state law for the completion of any or all such improvements.
4. PERMITTEE agrees to dedicate necessary street right-of-way and easements commensurate with CITY requirements and shall deliver to CITY such rights-of-way and easements as may be required at the time of receiving notification from CITY to proceed with construction of the public improvements. Dedication shall be limited to a
thirty-foot ( 30') half street and PERMITTEE agrees to appropriate set back requirements for future widening of street rights-of-way.
5. This Agreement shall be recorded by CITY. All covenants herein contained shall pertain to and run with the real property described herein, and the Agreement shall apply to, bind, and inure to the heirs, successors, and assigns of the parties hereto.
6. In the event of litigation over this Agreement or its performance, the prevailing party shall receive attorneys' fees and costs.
7. This Agreement is subject to City Council approval. The PERMITTEE understands that if the City Council does not approve this Agreement, all work pursuant to the permit issued in consideration of this Agreement may be stopped.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on the date and year first above written.
CITY"
REVIEWED BY: C O' HALF MOON BAY
Edward L. Marlow
Peter Cosentini Public Works Director City Manager
ST:
Doro R. Ro• 4ns, City Clerk
PERMITTEE"
Note: " PERMITTEE" shall have his/ her signature( s) notarized, with the Notary Public's certification clearly attached to this document.
1111111 11111 1111 11111111 III 111111 111111 III 11111 Ill! Jill AG Page003 of
2002 125996
209
EXHIBIT " A"
STREET IMPROVEMENTS -
1. Clearing and grubbing
2. Grading
3. Earthwork
4. Subbase
5. Base
6. Paving
7. Curb and gutter
8. Sidewalk
9. Handicap curb ramps
10. Storm drain
11. Sanitary sewer
12. Manholes
13. Catch basins
14. Culverts
15. Underground electric power
16. Underground communications (telephone, cable TV)
17. Underground gas
18. Water main and service
19. Street signs
20. Survey monuments
21. Relocation of existing utilities
22. Erosion control
23. Engineering
24. Construction inspection
25. Contingencies
111101111111111101111111111110111101111111111111 2
AG@024 53A Page3
of 6
210
State of California
County of
Cn • 444-C-#4 ( Z , 2-LG1-- before rre, the undersigned, a Notary Public irk and for said Stat , personally appeared J 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. r RENEE LEWIS
0 comm.# 1175968
NOTARY PUBLIC- CALIFORNIA)
SAN MATEO COUNTY ()
Signature ej9 APRs• XP. XP. APR. 8, 2002 "
Name i t 1 S
typed or printed) Seal)
1111111111111111111111111115111111111111111111111 20@22 53p of 6
211
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
San Mateo
On June 10, 2002 before me, Angelica Fazio, Notary Public DATE NAME, TITLE OF OFFICER- E.G.,' JANE DOE, NOTARY PUBLIC' personally appeared Peter Cosentini
NAME(S) OF SIGNER( S)
ET 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
ANGELICAFAZIO
COMM.# 1332790 m
person( s) acted, executed the instrument.
Notary Public-California f/ J
w SAN MATEO COUNTY
T
My Comm. Exp_Deg,, zoos
WITNESS my hand and official seal.
NATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
Street Agreement
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER: 03/ 08/ 02
City Manager, City of Half Moon Bay DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
HeLen J. Carey
SIGNER(S) OTHER THAN NAMED ABOVE
1111111111111111111111111111111111111111111111111111 2/0022 1:
63A
AG Page. 6 of 6
212
454 POPLAR STREET
APN: 064-232-570
RESO NO. C-19-00 213
RESOLUTION NO. C- 19 - 00
A RESOLUTION OF THE CITY COUNCIL OF HALF MOON BAY AUTHORIZING
CITY MANAGER TO EXECUTE A STREET AGREEMENT WITH CTJ, A LIMITED LIABILITY COMPANY FOR 454 POPLAR STREET - APN 064 - 232 - 380,390 RESOLVED, by the City Council of the City of Half Moon Bay, San Mateo County, California that
WHEREAS, CTJ, A Limited Liability Company has applied for and received a building permit (ABC 19380), conditionally issued pending approval of a Street Agreement; and WHEREAS, the City Council requires execution of an agreement to participate in an assessment district for certain improvements; and
WHEREAS, such an agreement has been submitted to the City Council for approval by the City Council.
NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED, as follows; That that particular Street Agreement dated February 16, 2000 and signed by CTJ, A Limited Liability Company is approved and that the City Manager is hereby authorized to execute Street Agreement (Exhibit A hereto) on behalf of the City, and That the City Clerk, or his or her designated representative, is directed to forward the fully executed Street Agreement to the San Mateo County Recorder' s Office for recording.
I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Half Moon Bay, San Mateo County, California, at a meeting thereof held on the 21st day of March, 2000, by the following vote of the members thereof:
AYES, and in favor thereof, Donovan, Patridge, Ruddock, Taylor Councilmembers: & Mayor Coleman
NOES, Councilmembers
ABSTAIN, Councilmembers:
ABSENT, Counci
Dennis Coleman, MAYOR
EST:
i NO ADOPTED AT ILE
r., ;~ d „ 1L NESTING OF
Dorothy R. Robbins, CITY CLERK
G
214
454 POPLAR STREET
APN 064 - 232- 380, 390)
STREET
AGREEMENT
THIS AGREEMENT, made and entered into this L day of
by and between the City of Half Jvlgon ay, municipal cor oration, hereinafter called " CITY ", and Cj f/
1 i„ f
hereinafter called "PERMITTEE ".
WITNESSETH:
WHEREAS, PERMITTEE is the owner of real property in thh City of Half Moon Bay, County of San Mateo, State of California, located at % APN p 41 9cj, and has requested a building permit from the CITY concerning the construction of a building upon the real property described in the building permit attached hereto; and
WHEREAS, PERMITTEE is required to provide certain necessary public improvements, hereinafter specified, in conformance with the requirements of CITY which will benefit and improve the real property described; and WHEREAS, in consideration of the granting of a building permit, PERMITTEE is required, at his own cost and expense, to provide minimum access to the property consistent with the requirements of Chapter 14. 12 of the Municipal Code.
NOW, THEREFORE, IT IS HEREBY AGREED TO BY THE PARTIES, as follows:
1. The real property subject to this Agreement is described in the building permit attached hereto as Exhibit "A ".
2. PERMITTEE agrees to provide access to the property pursuant to Chapter 14. 12 of the Municipal Code which, for the PERMITTEE' s property, shall be an:
CHECK APPROPRIATE BOX)
Xexisting partially improved street
existing interim private street
interim private street constructed by applicant
INITIALS)
3. PERMITTEE agrees to cooperate with other property owners, the CITY and other public agencies to provide any or all of the public improvements set forth in Exhibit " B" of this Agreement under a joint cooperative plan including the formation of an assessment project under appropriate improvements procedures and /or bond acts, if such a program is undertaken by the CITY to secure the installation and construction of Revised 3/ 27/ 96 E: STREET AGREEMENT Page 1
215
the improvements. PERMITTEE' s signature hereto shall be deemed to be his signature binding on his successor and assigns, if any) on a petition for formation of an assessment district which may be utilized by CITY under any appropriate improvement act provided by state law for the competition of any or all such improvements.
4. PERMITTEE agrees to dedicate necessary street right -of -way and easements commensurate with CITY requirements and shall deliver to CITY such rights -of -way and easements as may be required at the time of receiving notification from CITY to proceed with construction of the public improvements. Dedication shall be limited to a thirty -foot ( 30') half street and PERMITTEE agrees to appropriate set back requirements for future widening of street rights -of -way.
5. This Agreement shall be recorded by CITY. All covenants herein contained shall pertain to and run with the real property described herein, and the Agreement shall apply to, bind, and inure to the heirs, successors, and assigns of the parties hereto.
6. In the event of litigation over this Agreement or its performance, the prevailing party shall receive attorneys fees and costs.
7. This Agreement is subject to City Council approval. The PERMITTEE understands that if the City Council does not approve this Agreement, all work pursuant to the permit Issued in consideration of this Agreement may be stopped.
IN] WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on the date and year first above written.
CITY" rkS; ED PND ADOPTED AT Ti;—E
COUNCIL MEETING OF
CITY CLERK
T:
Dorothy M. Robbins, City Clerk
CITY OF HALF MOON BAY
By
Blair King, C anager
PERMITTEE" C' ? . /
CTJ A Limited Liability Com any
T omas J. Carey, member
Note: " PERMITTEE" shall have his /her signature( s) notarized, with the Notary Public's certification clearly attached to this document.
Revised 3/ 27196 F:STREET AGREEMENT Page 2
216
re: Street Agreement
State of California
County of San Mateo
On February 16, 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared Thomas J. Carey , personally ]mown to me ( or roved to me on the basis of satisfactory evidence) to be the person( s) whose name (s) mare subscribed to the within instrLmient and acknowledged to ire thatdj hshe /they executed the same inher /their authorized capacity (ies), and that bys er /their signature (s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrL,urnnt .
WITNESS my hand and official seal. JOANNE MORAN
m
Comm. 11218463
NOTARY PUBLIC CALIFORNIA
Sm Now CwmY
Signature My Comm. Ex0lfac IAny 1, 1003
Name Jo Anne Moran
typed or printed) ( Seal)
217
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218OS
EXHIBIT " B"
STREET IMPROVEMENTS -
1. Clearing and grubbing
2. Grading
3. Earthwork
4. Subbase
5. Base
6. Paving
7. Curb and gutter
8. Sidewalk
9. Handicap curb ramps
10. Storm drain
11. Sanitary sewer
12. Manholes
13. Catch basins
14. Culverts
15. Underground electric power
16. Underground communications (telephone, cable TV)
17. Underground gas
18. Water main and service
19. Street signs
20. Survey monuments
21. Relocation of existing utilities
22. Erosion control
23. Engineering
24. Construction inspection
25. Contingencies
Revised 3/ 27/ 96 F:STREET AGREEMENT Page 3
219
459 POPLAR STREET
APN: 064-231-290
RESO NO. C-15-90 220
RESOLUTION NO. 15 - 90
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HALF MOON BAY AUTHORIZING CITY MANAGER TO EXECUTE A
STREET ASSESSMENT AGREEMENT WITH
WESLAN DEVELOPMENT, INC.
459 POPLAR ( APN 064 - 231 - 290)
WHEREAS, Weslan Development, Inc. has applied for and
received a building permit; and
WHEREAS, the City Council requires execution of an
agreement to participate in an assessment district for
certain improvements; and
WHEREAS, such agreement has been submitted to the City
Council and approved by the City Council:
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City
Council of the City of Half Moon Bay that that particular Agreement dated August 11, 1989, and signed by Warren D.
Lewis, Secretary /Treasurer for Weslan Development, Inc. is approved and the City Manager is hereby authorized to
execute said Agreement ( Exhibit A hereto) on behalf of the City.
PASSED AND ADOPTED by the City Council of the City of
Half Moon Bay at a regular meeting thereof held April 17, 1990, by the following vote:
AYES, Councilmembers: Bedesem, Eriksen, Patridge, Patterson NOES, Councilmembers: None
ABSTAIN, Councilmembers: Iverson
ABSENT, Councilmembers: None
Helen Bedesem, Mayor
ATTEST:
Donna Riso, City Clerk
221
WHEN RECORDED, RETURN TO:
CITY CLERK
CITY OF HALF MOON BAY
P. 0. BOX. 67
HALF MOON BAy, CA 94019
CITY OF
RF
co
x
Lh
My
Air
ri :' D :_ i OF
90 MY 14 PN 2 13
RESOLUTION NO. 15 - 90 6. kR , > _.._ .. aLCORDER
A RESOLUTION OF THE CITY COUNCIL "' THE.
HALF MOON BAY AUTHORIZING CITY MANAGER TO EXECUTE A
STREET ASSESSMENT AGREEMENT WITH
WESLAN DEVELOPMENT, INC.
459 POPLAR ( APN 064 - 231 - 290)
WHEREAS, Weslan Development, Inc. has applied for and
received a building permit; and
WHEREAS, the City Council requires execution of an
agreement to participate in an assessment district for
certain improvements; and
WHEREAS, such agreement has been submitted to the City
Council and approved by the City Council:
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City
Council of the City of Half Moon Bay that that particular Agreement dated August 11, 1989, and signed by Warren D.
Lewis, Secretary /Treasurer for Weslan Development, Inc. is approved and the City Manager is hereby authorized to
execute said Agreement ( Exhibit A hereto) on behalf of the City.
PASSED AND ADOPTED by the City Council of the City of
Half Moon Bay at a regular meeting thereof held April 17, 1990, by the following vote:
AYES, Councilmembers: Bedesem, Eriksen, Patridge, Patterson NOES, Councilmembers: None
ABSTAIN, Councilmembers: Iverson
ABSENT, Councilmembers: None
r 4
ATTEST:'
F
Donna Ri5o,. City Clerk
el & Aww
Helen Bedesem, Mayor
I hereby certify that the foregoing ! s
8 tme &W 00rfect copy of the origins'
dootiftwit 011 Me in the office of tf+F
CdtyCIWk0r" ityofHalfMoonaly
Date
city cieffr:
t
7 s
iF^ W
d'J
222
459 POPLAR
APN 064 - 231 -290)
S T R E E T
A G R F. F. M F N T
THIS AGREEMENT. made and entered into this 11
day of August 1G, 89 . by and between the City of
Haalf Moon Bay. a municipal corporation. hereinafter called CITY". and WESLAN Develo ment_z _Inc.
hereinafter called " PERMITTER ".
WITNESSETH:
WHEREAS, Permittee is the owner of real nronertv in the Citv of Half Moon Bay, County of San Mateo. State- of- Cal ifornia, i and has requested a building permit from the City concerning the construction of a building upon the real property described in the building permit attached hereto, and
WHEREAS. Permittee is required to provide certain necessary public improvements, hereinafter specified,, in conformance with the requirements of Citv which will benefit and improve the real property described; and
WHEREAS, in consideration of the granting of a building permit, Permittee is required, at his own cost and expense, to provide minimum access to the property consistent with the requirements of Chapter. 14. 12 of the Municipal Code, and place in a Street Improvement Fund a deposit equal to the amount of the estimated imnrovement adiacent to the described property, estimate attached. and;
NOW, THEREFORE, IT IS HEREBY AGREED TO BY THE PARTIES, as follows!
1. The real property subject to this Agreement is
described in the building permit attached hereto as Exhibit " A"
2. Permittee agrees to provide access to the property
pursuant to Chapter 14. 12 of the Municipal Code which; for the nermittee' s property sball be an:
J existing partially improved street _
existing interim private street
interim private street
constructed by the applicant
3. Permittee agrees to pay to the City the sum shown in Exhibit " B" attached hereto for the street improvements set forth therein.
4. Permittee agrees to cooperate with other property
owners, the City and other public agencies to provide the public improvements set forth in Exhibit " B" of this agreement under a 1-
CD
O
O
tJi
C. 7
223
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9 «
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9006532442k I f
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99kA
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224
io: -rrt cooperative p . i includ.ino the formation ; an assessment project under appropriate improvements procedures and / or bond acts, if such a nrogrnm is undertaken by the City to secure the installation and construction of the improvements. Permi.ttees signature hereto shall . be deemed to be his signature ( bi.ndinq on his successor and assigns, if anv) on a petition for formation of an assessment district which may be utilized by City under any appropriate improvement act provided by state law for the completion of any or all such improvements.
5. The Permittee agrees to dedicate necessary street
right -of -way and easements commensurate with City requirements and shall deliver to City such rights -of -way and easements as may he required at the time of receiving notification from City to proceed with construction of the public improvements. Dedication shall be limited to a thirty -foot ( 30') half street and Permittee agrees to appropriate set back requirements for future widening of street rights -of -way.
6. This Agreement shall be recorded by City. All
covenants herein contained shall pertain to and run with the real property described herein, and this Agreement shall apply to; bind and inure to the heirs, successors, and assigns of the parties hereto.
7. In the event an assessment district is formed, permittee' s deposit will be credited towards his share of the improvements thereof.
8. In the event of litigation over this Agreement or its performance, the prevailing party shall receive attorneys fees and costs.
9. This Agreement is subiect to Council approval. The
Permittee understands that if the City Council does not approve this agreement, all work pursuant to the permit issued in consideration of this agreement may be stopped.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on the day and year first above written.
CITY" CITY OF HALF MOON BAY
BY
City Manager
ATTEST
WESLAN D
City Cerk
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Project Location:
FRONTAGE ON
EXHIBIT " B" -
459 Poplar St.
APN 064- 231 - 290
Poplar St. 57. 0 lineal feet
Charges based on $ 75. 00 per lineal
foot for sidewalk, curb and gutter,
storm drain across project frontage
to City standard, and undergrounding
of all utilities ( gas, electric,
sewer, telephone and cable TV).
75. 00 x 57. 0. lineal feet = $ 4, 275. 00
TOTAL DUE: $ 4, 275. 00
to
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460 POPLAR STREET
APN: 064-232-400
RESO NO. C-12-77 228
VOL 74,96 PAGE 16
RESOLUTION No,
RESOLUTION APPROVING AGREEMENT FOR INSTALLATION
OF IMPROVEMENTS AND AUTHORIZING CITY MANAGER TO
EXECUTE SAME ( Norbert and Patricia Haines,
2775SAL
RECORDEU AT REQUEST OF
7 f
AN ('-) 2 23 PH 147
MARVIN CHURCH, R= CORDER
SAP, MA sTEO CGI NTY
OFFTIAL nci:7R[ S
The City Council of the City of Half Moon Bay does resolve that the agreement between Norbert and Patricia Haines and the City of Half Moon Bay dated December 20, 1976, a copy of which is affixed hereto and by reference is made a part hereof, is approved and the City Manager is authorized to execute the same on behalf of the City.
PASSED AND ADOPTED by the Council of the City of Half Moon Bay, California, on ` w: e44r, -eel ,'_S' , 1977 at a regular meeting thereof, by the following vote:
AYES, and in favor thereof: Lci lf 6 t_ ,Ge >,t c; L' ir ClJ NOES:
ABSENT: . Cifi zL.0
Mayor
ATTEST:
ieDeputy ' City Clerk` i
I ( hereby approve the foregoing resolution this ljl ay of 1977.
p
f
w!
Mayor
I, the Deputy City Clerk of the City of Half Moon Bay, hereby certify that the above is a true and correct copy of a resolution duly adopted by the City Council of the City of Half Moon Bay by the above vote at a meeting thereof duly held and called on the above date.
t
CZ
229
RECORDING REQUESTED BAND WHEN RECORDED MAIL TO
tame
tree, ddress
6 L . iate
TO 498 C ( APEN END) SHORT FORM DEED OF
N
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SPACE ABOVE THIS LINE FOR RECORDER' S USE
ST AND ASSIGNMENT OF RENTS
This Deed of Trust, made this loth clay of 1' ebruurys 1. 967 between tL0 r 31»; B, - ! '.. tes111L:3 Jlila L, ifo
herein (, lllcd T' RUSTOR,
whose address is 1',, 1'), Box c>uu : If Iloull Puby W or:Li:a 8 ( number and strceU ( city) ( zone) pime)
d TITLE INSURANCE AND TRUST COMPANY, a California corporation, herein called ' RUSTE.E, and e -, a tie . i..uh: i.. tTj1 herein called BENEFICIARY, a W ltnesseth: That Trustor IRRf' VOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH POWER OF SALE, that property in GCtu 1i:. tuo - County, California, described as:
h.Atu 14 and 15, 1U00.1" L::: n cutitlad sDUT'i':L, l, i l0 1he61X . 1.: iii Lai''* u. rsCC1 wa ... a:. ii.l.ou ..; r ' Litt D li0a of the I. 00OZdor of tho CuJ.: Lty of Can Nateol, ;: tat.. UY v1119. or,,iLL* — a .;: tobor v} 1906* In liwok " C" Of liaj.;a at j,zgs3 2141, and coj,iod tiiGruoLu 121 47ai, Tr ( Soot: If at ,; ai;a j6v The Noto for vi - ich VUS LQud of : ixuct ic; uivDn cia socurity nhall beco:.io 1dv.10d1utU1Z clue and iciyaUe it tLe overdo,; thle i•rojerty clo c ibed herein shall be ool d or t a2Juier' odl or in the ovont of an ul;raa .eidt to :Soil or trunafor suid pro;:;:.."ty L~t tho option of the holder thlereof.
TOGETHER WITH Ilse rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to rein eonferred upon Beneficiary by paragraph ( 10) of the provisions incorporated herein by referencq w collect and apply such rents, i>" ur, and profits.
For the Purpose of Securing: 1. Performance of each agreement of Truslnr incorporated by reference or contained herein. 2. Pay. mentof the. ,CSfin lebtednness evidenced b one promissory note of even date hucwuiy and miy extension or renewal thereof, in the principal Y P Y sum of ¢._ oxrcnt. I I "' I' ruslnr in favor of B, 00h,. lary ter- I I, an' ine. 0 of , oh froth.... aunt, the Ilo. n ro— od owner " I s ; ... I imourrly hereafter nay honow Inmi B' n' loi:oy, when „ in.. u, rI bl "' W n. ur 4, r n... r +1 roc T,ug it i, T, Bird.
To hfutert the Security of This Deed of Trust, Tmtslor A - ter -: lit Ili,. I Iralion and delivery of this I)... I' ho, I mnl ill note rerure(l Lerrby, that provisions 11) to ( 141, ineb. sive, of the fictitious deed of Inlst r, ord, d in Sava Barbara County and s000mn County October 18, 1961, and in all ( other counties October 23, 1961, in the hook and aI the page I I OlHoial Records in the office of the couuly n corder of the county where said property is located, noted below opposite the nano of such county, viz:
COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 435 684 Kings 792 833 shore, 895 - 301 Sierra 29 335 Alpine 1 250 Lake 362 39 Plumes 151 5 Siskiyou 468 181
Amador 104 348 Lassen 171 471 Riverside 3005 523 Solana 1105 182 Butte 1145 1 Los Angeles T2055 899 Sacramento 4331 62 Sonoma 1851 689 Calaveras 145 152 Madera 810 170 San Benito 271 383 Stanisleus 1715 456 Colusa 296 617 Merin 1508 339 San Bernardino 5567 61 Sutter 572 297 Contra Costa 3978 47 Mariposa 77 292 San Francisco A332 905 Teh sma 401 289 Del Norio 78 414 Mendocino 579 530 San Joaquin 2470 311 Trinity 93 366 El Dorado 568 456 Merced 1547 53B San Luis Obispo 1151 12 Tulare 2294 275 Fresno 4626 572 Modoc 184 851 San Mateo 4078 420 Tuolumne 135 47 Glenn 422 184 Mono 52 429 Santa Barbara 1878 860 Ventura 2062 386 Humboldt 657 527 Monterey 2194 538 Santa Clara 5336 341 Yale 653 145 Imperial 1091 501 Napa 639 86 Santo Crux 1431 494 Yuba 334 486 Inyo 147 590 Nevada 305 320 Shasta 684 528
Kern 3427 60 Orange 5889 611 San Diego Series 2 Book 1961, Page 183887 which provisions, identical in all counties, am prinled un the reverse hereof) hereby ore adopted and inearpornl rd hen -.o anal mode ; I pall hereof as fully as though set forth h.,, in al 1, iglh: ( hit be will observe and pert...... _, aid pons. „n . red that Ili .[ I I - 11 obligations, and parties iu said pmvi +iuu, ' hall be eonslrurll to refer to Ili,, prep, rly, oldo.1lloo -. and partir si forth of - Iii- Ito, it % I ' I n. —I.
Pile undersigned Trti for requests that a copy of any Notioe of Urfauh and uI any Nw,,, of fah In i. unoil he .. wiled IT . m al hi, addt, hereinbefore set forth. - —
RECORDER' S MEMO, Le9laiNty of Writing, ryfA ^'` I
Typing or Priram, nh5: iSracTORv _ VoL- 490 PAGE I ll
6. Is does, a nn Ill not age Hot. —'
230
AGREEMENT.
CEO % C Ln_.'r_,
T{HJJIS AGREEMENT, made and entered into this G t4_Lfi(i day of ! Lf_.( t F - i; %[ :./ 1 917_, by and between the CITY y
OF HALF MOON BAY, a municipal corporation, hereinafter called CITY ", and F
r,.
hereinafter called " PERMITTEE ".
WITNESSETH:
WHEREAS, Permittee is the owner of real property
in the City of Half Moon Bay, County of San Mateo, State of California, and has requested a building permit from the City concerning the construction of a building upon the real property described in Exhibit " A ". attached hereto; and WHEREAS, Permittee is required to provide certain
necessary public improvements, hereinafter specified, in conformance with the requirements of City which will benefit and improve the real property described in said Exhibit " A"; and WHEREAS, in consideration of the granting of a
building permit, and for and in consideration of the approval by City of the proposed public improvements adjacent to the Permittee' s said property, Permittee is willing, at his own cost and expense, to furnish all materials and construct and install the said public improvements; and
WHEREAS, the regulations of City provide far de!' erment of the construction of such public improvements and Permittee desires to enter into this agreement with City for the 231
the time specified in this agreement and City is willing to issue necessary and requested permits to Permittee
for the development of said real property described in Exhibit " A" attached hereto subject to the public improvements being constructed in accordance with this agreement:
NOW, THEREFORE, IT IS HEREBY AGREED TO BY THE
PARTIES, as follows:
1. The real property subject to this agreement
is described in Exhibit " A" attached hereto.
2. Permittee agrees to install and construct in
accordance with the terms of this agreement the improvements described in Exhibit " B" attached hereto.
All Of said improvements and materials used therein
shall be in accordance with the ordinances, regulations, standards and specifications of City and all of the work shall be constructed to the complete satisfaction of the City Engineer.
3. Permittee agrees to cooperate with other property
owners, the City and other public aiencies to provide the public improvements set forth in Exhibit " B" of this agreement under a joint cooperative plan including the formation of an assessment project under appropriate improvement procedures and /or bond acts, if such a program is undertaken by the City to secure the installation and construction of the improvements. Permittee' s signature hereto shall be deemed to be his signature ( binding on his successor and assigns, if any) on a petition for formation of an assessment district which may be utilized by City under any appropriate improvement act provided by state law for the completion of any or all such improvements.
232
4. The Permittee agrees to dedicate necessary
street right of way and easements commensurate with City requirements and shall deliver to City such rights of way and easements as may be required at the time of receiving notification from City to proceed with construction of the public improvements. Dedication shall be limited to a thirty - foot ( 301) half street and Permittee agrees to appropriate set back requirements for future widening of street rights of way.
5. City may notify Permittee at any time in
writing to commence the installation and construction of the public improvements. The notice shall be sufficient if mailed to Permittee at the address of. the owner of the property as shown on the latest adopted County assessment roll. The notice shall describe the work to be done by the Permittee, the time within which the work shall commence and the time within which it shall be completed.
6. Upon notification by City to proceed with the
work, the Permittee shall dedicate the necessary right of way and shall cause engineered improvement plans to be prepared by a registered civil engineer to the satisfaction of ii.' the City Engineer and at the Permittee' s expense. After approval of said plans by the City, the Permittee shall make application to the City Engineer for any required encroachment permit to perform the aforementioned work in the right of way of City. The City Engineer shall, after Permittee or his contractor has complied with all of the requirements of City for the issuance of such a permit, cause an encroachment permit to be issued to the Permittee or his contractor to perform said work in the right of way of City. 233
7. Five ( 5) days prior to commencement of
work on the improvements herein provided for, the Permittee shall notify the City Engineer, in writing, of his intention to begin work on said improvements. The Permittee shall, at the option of the City Engineer, pay all costs of inspection incurred by said City, and if such is required by the City Engineer, the Permittee shall deposit an amount sufficient ~ to cover the estimated cost of such inspection prior to commencement of work.
B. Permittee agrees to install and complete the
work within the time specified in the notice given by City in accordance with the standards and specifications of the City.
9. Should the Permittee fail to complete any or
all of said improvements within the time allotted as specified in the notice to Permittee described in Paragraph 6. of this Agreement, City may construct, o..- cause to be constructed, said improvements, and the Permittee agrees to reimburse City for the cost of any and all labor and materials used therefor, including engineering, inspection, and all administrative overhead of City. In the event Permittee fails to pay all sums due City on account of such work within thirty ( 30) days after receipt of notice, the City is hereby authorized to cause the cost thereof to be assessed as a lien against the real property hereinabove described. Such lien may be foreclosed upon if necessary, provided, however, that the lien herein provided for shall be subordinate to the First Deed of Trust for the purchase of, and / or for the construction of improvements on, said real property of Permittee.
234
10. The Permittee shall notify the City Engineer,
in writing, of the completion of the improvement work herein provided for so that final inspection may be performed prior to acceptance of said improvement work by City.
11. At such time as the installation of improvements for which Permittee is herein made responsible has been completed and accepted by the City Engineer, City Engineer agrees to file any required notice of completion of said improvements.
12. The Permittee shall protect and indemnify City
and the officers and employees thereof against all liability and claims because of, or arising out of, any accident, loss, or damage, happening or occurring during the performance of any and all work done by or for Permittee under the terms of this Agreement or cause by any condition resulting from such work.
13. Should legal action be necessary to enforce
any provisions of this agreement, Permittee agrees to pay all reasonable attorneys' fees and costs incurred by City in connection therewith.
14. This Agreement may be recorded by City. All
covenants herein contained shall pertain to and run with the real property described herein, and this Agreement shall apply to, bind and inure to the heirs, successors, and assigns of the parties hereto.
5-
235
a
IN WITNESS WHEREOF, the parties hereto have
caused this agreement to be executed by their duly authorized officers on the day and year first above written.
CITY"
ATTEST:
w
Depylty . City Clerk
a
CITY OF HALF MOON BAY
VCi Manager
PERMITTEE"
o, N
OFFICIAL SEAL
JUNE L. TORRE a
Z
NOTARY PUBLIC - CALIFORNIA
SAN MATEO COU14TY -\
My CommissionExDiras May 23, 1978
P. 0. Box 426, Half Moon Bay, CA. 94019
wTOEuSEME
jr;cTr PUBLIC
State ofd
1 SS.
County of AAtl:le_ )
CIF FI CIAL SEAL
I-f,ELEN M. KASIK
P GNOTARYPUULIC CALIFORNIA
PRINCIPAL OFFICE IN
SANTA CLAgA COUNTY
On this the Z= day of MAAaJ 19 71, before me,
the undersigned Notary Public, personally appea
known to me to be the person( s) whose name( s) CLA4 subscribed to the within instrument and acknowledged that
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal. 236
IMPROVEMENTS
Street grading and paving, curbs, gutters, sidewalks,
storm drainage improvements, lighting, trees and landscaping, and miscellaneous appurtenances.
EXHIBIT B
237
480 POPLAR STREET
APN: 064-232-430
RESO NO. C-50-07 238
RESOLUTION Ns,. C- 50 07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY
AUTHORIZING CITY MANAGER TO EXECUTE A STREET AGREEMENT WITH JACK MATTOS FOR 480 POPLAR STREET —APN 064-232-430
RESOLVED, by the City Council of the City of Half Moon Bay, San Mateo County, California that
WHEREAS, Jack Mattos applied for and received a building permit # ( ABC 23210), conditionally issued pending approval of a Street Agreement; and WHEREAS, the City Council requires execution of an agreement to participate in an assessment district for certain improvements; and
WHEREAS, such an agreement has been submitted to the City Council for approval.
NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED, as follows;
That particular Street Agreement dated October 5, 2007 and signed by Jack Mattos is approved and that the City Manager is hereby authorized to execute the Street Agreement on behalf of the City, and
That the City Clerk, or her designated representative, is directed to forward this fully executed Street Agreement to the San Mateo County Recorder's Office for recording.
I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Half Moon Bay, San Mateo County, California, at a meeting thereof held on the 6th day of November 2007, by the following vote of the members thereof:
AYES, Councilmembers Grady, McClung, Muller
NOES, Councilmembers
ABSTAIN, Councilmembers:
ABSENT, Councilmembers: Fraser, Patridge
Naomi Patridge, MAYOR
ATTEST:
c,
Siobhan S Smith CITY CLERK
239
RECORDING REQUESTED BY:
Siobhan Smith, City Clerk
WHEN RECORDED MAIL TO:
City Clerk
City of Half Moon Bay
501 Main Street
Half Moon Bay, CA 94019
650) 726- 8271
November 8, 2007
2007- 166049
10: 50am 11/ 26/ 07 AG Fee: NO FEE
Count of pages 5
Recorded in Official Records
County of San Mateo
Warren Slocum
Assessor -County Clerk -Recorder
i 1[ I[ IIi[ 11$ t siii 1 IE 1111[ 111
111i
T: *
2 0 0 7 0 1 6 6 0 4 9 A R*
STREET AGREEMENT
TITLE OF DOCUMENT
Street Agreement between the City of Half Moon Bay and
Jack Mattos
480 Poplar Street
APN 064- 232- 430
I
240
STREET
AGREEMENT
THIS AGREEMENT, made and entered into this 5t/i day of C - f6 k flCC , 2007, by and between the City of Half Moon Bay, a municipal corporation, hereinafter called " CITY", and Jack Mattos, hereinafter called " PERMITTEE".
WITNESSETH:
WHEREAS, PERMITTEE is the owner of real property in the City of Half Moon Bay, County of San Mateo, State of California, located at 480 Poplar Street has requested a building permit from the CITY concerning the construction of a building upon the real property described APN# 064- 232- 430 Lot# 19, 20 & ADJ PTN ALLEY ABAND, Subdivision Arleta Park, Building Permit # ABC -23210 and WHEREAS, PERMITTEE is required to provide certain necessary public improvements, hereinafter specified, in conformance with the requirements of CITY which will benefit and improve the real property described; and WHEREAS, in consideration of the granting of a building permit, PERMITTEE is required, at his own cost and expense, to provide minimum access to the property consistent with the requirements of Chapter 14. 12 of the Municipal Code.
NOW, THEREFORE, IT IS HEREBY AGREED TO BY THE PARTIES, as follows:
1. The real property subject to this Agreement is described as: APN# 064- 232- 430 Lot# 19, 20 & ADJ PTN ALLEY ABAND, Subdivision Arleta Park, Building Permit # ABC -23210.
2. PERMITTEE agrees to provide access to the property pursuant to Chapter
14. 12 of the Municipal Code which, for the PERMITTEE' s property, shall be an:
CHECK APPROPRIATE BOX) ( INITIALS)
tq existing partially improved street (Poplar Street) AOL existing interim private street
interim private street constructed by applicant
3. PERMITTEE agrees to cooperate with other property owners, the CITY and other public agencies to design and provide any or all of the public improvements set forth in Exhibit " A" of this Agreement when requested by the City Engineer or under a joint cooperative plan including the formation of an assessment project under appropriate improvements procedures and/ or bond acts, if such a program is undertaken by the CITY to secure the installation and construction of the improvements.
PERMITTEE' s signature hereto shall be deemed to be his signature ( binding on his successor and assigns, if any) on a petition for formation of an assessment district that Page I
241
may be utilized by CITY under any appropriate improvement act provided by state law for the completion of any or all such improvements.
4. PERMITTEE agrees to dedicate necessary street right- of-way and easements commensurate with CITY requirements and shall deliver to CITY such rights- of-way and easements as may be required at the time of receiving notification from CITY to proceed with construction of the public improvements. Dedication shall be limited to a twenty- five foot ( 25') half street and PERMITTEE agrees to appropriate set back requirements for future widening of street rights- of-way.
5. This Agreement shall be recorded by the CITY. All covenants herein contained shall pertain to and run with the real property described herein, and the Agreement shall apply to, bind, and inure to the heirs, successors, and assigns of the parties hereto.
6. In the event of litigation over this Agreement or its performance, the prevailing party shall receive attorneys' fees and costs.
7. This Agreement is subject to City Council approval. The PERMITTEE understands that if the City Council does not approve this Agreement, all work pursuant to the permit issued in consideration of this Agreement may be stopped.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on the date and year first above written.
CITY"
REVIEWED BY:
r
6t O
Paul T. Nagest
Public Works recto / City Engineer
ATTEST:
Siobhan Smith, City Clerk
PERMITTEE" Qa4_&A&
Jack Mattos
CITY OF HALF MOON BAY
Marcia Raines
City Manager
Note: " PERMITTEE" shall have his/ her signature( s) notarized, with the Notary Public' s certification clearly attached to this document.
242
EXHIBIT " A"
STREET IMPROVEMENTS -
1. Clearing and grubbing
2. Grading
3. Earthwork
4. Subbase
5. Base
6. Paving
7. Curb and gutter
8. Sidewalk
9. Handicap curb ramps
10. Storm drain
11. Sanitary sewer
12. Manholes
13. Catch basins
14. Culverts
15. Underground electric power
16. Underground communications ( telephone, cable TV)
17. Underground gas
18. Water main and service
19. Street signs
20. Survey monuments
21. Relocation of existing utilities
22. Erosion control
23. Engineering
24. Construction inspection
25. Contingencies
243
CERTIFICATE OFACKNOWLEDGEMENT
STATE OF CALIFORNIA
SS
COUNTY OF SAN JOAQUIN )
On October 5, 2007, bcfore me, Barbara L. Boone, a Notary Public, personally appeared Jack Mattos proved to me on the basis of satisfactory evidcnce to be the person whose mune is subscribed to the within instrument and acknowledged to me that he executed the sane in his authorized capacity, and that by his signature on the instrument die person, or entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and seal.
Signature
Barbara L. Boone
G K
SAR: RA 1. BOONE
Commis3lon # E 1713493
Notary Public - California
Son Joaquin County
WCoffim. BVMnJan26, 2011
244
535 POPLAR STREET
APN: 064-241-110
RESO NO. C-106-76 245
RESOLUTION No. / L - X
RECORDED AT REQUEST OF
czz—'T
V
JUL 27 1 47 PH 1416
RESOLUTION APPROVING AGREEMENT FOR INSTALLATION MARVIN CHURCH, RECORDER OF I14PROVEMENTS AND AUTHORIZING CITY MANAGER TO SAN MATEO COUNtY EXEC'.fl`1E SAME ( Lewis Boxer, 535 Poplar Street) OFFICIAL RECORDS The City Council of the City of Half Moon Bay does resolve that the agreement between Lewis Boxer, 535 Poplar Street, and the City of Half Noon Bay dated May 24, 1976, a copy of which is affixed hereto and by reference is made a part hereof, is approved and the City Manager is authorized to execute the same on behalf of the City.
PASSED AND ADOPTED by the Council of the City of Half Moon Bay, California, on 1976 at a regular meeting thereof, by the following voteAYES, and in favor thereof:
NOES:
ABSENT: CC CfiLG
ATTEST: - A , ,
VI o° E Mayor
V14,
Dej5ut7, City Clerk
I hereby approve the foregoing resolution this / p shay of , 1976. dE Mayor j
I, the Deputy City Clerk of the City of Half Noon Bay, hereby certify that the above is a true and correct copy of a resolution duly adopted by the.City Council of the City of Half Noon Bay by the above vote at a meotine3 thereof duly held and called on the above date.
a i _ oti h ..
IhdelXfld
246
J `,F `P c, JK
AGREEMENT.
THI AGREEMENT, made and entered into this 0 i
day of 197, by and between the CITY
OF HALF MOON BAY s municipal corporation, hereinafter called CITY", and . ' a , ` P e - . ,
h
hereinafter called " PERMITTEE ".
WITNESSETH
WHEREAS, Permittee is the owner of real property
in the City of Half Moon Bay, County of San Mateo, State of California,, and has requested a building permit from the City concerning the construction of a building upon the real property described in Exhibit " A" attached hereto; and WHEREAS, Permittee is required to provide certain
necessary public improvements, hereinafter specified, in conformance with the requirements of City which will benefit and improve the real property described in said Exhibit " A"; and WHEREAS, in consideration of the granting of a
building permit, and for and in consideration of the approval by City of the proposed public improvements adjacent to the Permittee' s said property, Permittee is willing, at his own cost and expense, to furnish all materials and construct and install the said public improvements; and
WHEREAS, the regulations of City provide for deferment of the construction of such public improvements and Permittee desires to enter into this agreement with City for the construction and installation of said public improvements at 247
the time specified in this agreement and City is willing to issue necessary and requested permits to Permittee
for the development of said real property described in Exhibit " A" attached hereto subject to the public improvements being constructed in accordance with this agreement:
NOW, THEREFORE, IT IS HEREBY AGREED TO', BY THE
PARTIES, as follows:
1. The real property subject to this agreement
is described in Exhibit " A" attached hereto.
2. Permittee agrees to install and construct in
accordance with the terms of this agreement the improvements e described in Exhibit 111311 attached hereto.
All of said improvements and materials used therein
shall be in accordance with the ordinances, regulations, standards and specifications of City and all of the work shall be constructed to the complete satisfaction of the City Engineer.
3. Permittee agrees to cooperate with other property
owners, the City and other public agencies to provide the public improvements set forth in Exhibit " B" of this agreement under a joint cooperative plan including the formation of an assessment project under appropriate improvement procedures and /or bond acts, if such a program is undertaken by the City to secure the installation and construction of the improvements. Permittee' s signature hereto shall be deemed to be his signature ( binding on his successor and assigns, if any) on a petition for formation of an assessment district which may be utilized by City under any appropriate improvement act- provided by state law for the completion of any or all such improvements.
2- ML 71" S p4GE107
248
4. The Permittee agrees to dedicate necessary
street right of way and easements commensurate with City requirements and shall deliver to City such rights of way and easements as may be required at the time of receiving notification from City to proceed with construction of the public improvements. Dedication shall be limited to a thirtyfoot ( 30') half street and Permittee agrees to appropriate set back requirements for future widening of street rights of way.
5. City may notify Permittee at any time in
writing to commence the installation and construction of the public improvements. The notice shall be sufficient if mailed to Permittee at the address of the owner of the property as shown on the latest adopted County assessment roll. The notice shall describe the work to be done by the Permittee, the time within which the work shall commence and the time within which it shall be completed.
6. Upon notification by City to proceed with the
work, the Permittee shall dedicate the necessary right of way and shall cause engineered improvement plans to be prepared by a registered civil engineer to the satisfaction of the City Engineer and at the Permittee' s expense. After approval of said plans by the City, the Permittee shall make application to the City Engineer for any required encroachment permit to perform the aforementioned work in the right of way of City. The City Engineer shall, after Permittee or his contractor has complied with all of the requirements of City_for the issuance of such a permit, cause an encroachment permit to be issued to the Permittee or his contractor to perform said work in the right of way of City. 3-
VOL 71198 p4GF10S
249
7. Five ( 5) days prior to commencement of
work on the improvements herein provided for, the Permittee shall notify the City Engineer, in writing, of his intention to begin work on said improvements. The Permittee shall, at the option of the City Engineer, pay all costs of inspection incurred by said City, and if such is required by the City Engineer, the Permittee shall deposit an amount sufficient to cover the estimated cost of such inspection prior to commencement of work. , a. Permittee agrees to install and complete the
I work within the time specified in the notice given by City in accordance with the standards and specifications of the City.
9. Should the Permittee fail to complete any or
all of said improvements within the time allotted as specified in the notice to Permittee described in Paragraph 6. of this Agreement, City may construct, or cause to be constructed, said improvements, and the Permittee agrees to reimburse City for the cost of any and all labor and materials used therefor, including engineering, inspection, and all administrative overhead of City. In the event Permittee fails to pay all sums due City on account of such work within thirty ( 30) days after receipt of notice, the City is hereby authorized to cause the cost thereof to be assessed as a lien against the real property hereinabove described. Such lien may be foreclosed upon if necessary, provided, however, that the lien herein provided for shall be subord2nate to the First Deed of Trust for the purchase_ of, and / or for the construction of improvements on, said real property of Permittee.
4-
tUOL % 1j8 PAGE 109
250
10. The Permittee shall notify the City Engineer,
in writing, of the completion of the improvement work herein provided for so that final inspection may be performed prior to accgptance of said improvement work by City.
11. At such time as the installation of improvements for which Permittee is herein made responsible has been completed and accepted by the City Engineer, City Engineer agrees to file any required notice of completion of said improvements. t. 12. The Permittee shall protect and indemnify City
and the officers and employees thereof against all liability and claims because of, or arising out of, any accident, loss, or damage, happening or occurring during the performance of any and all work done by or for Permittee under the terms of this Agreement or cause by any condition resulting from such work.
13. Should legal action be necessary to enforce
any provisions of this agreement, Permittee agrees to pay all reasonable attorneys' fees and costs incurred by City in connection therewith.
14. This Agreement may be recorded by City. All
covenants herein contained shall pertain to and run with the real property described herein, and this Agreement shall apply to, bind and inure to the heirs, successors,, and assigns of the parties hereto.
5-
VOL 718 PACE11.)
251
IN WITNESS WHEREOF, the parties hereto have
caused this agreement to be executed by their duly authorized officers on the day and year first above written.
CITY" CITY OF HALF MOON BAY
By Ocity Manager
r
ATfLT:
Deputy C; t Clerk/
jI
PERMITTEE"
State of CAL"'. rVa 6.
SS.
County of Sil.n MaF[ o
On this the < Y — day of 19 1 e , before me,
the undersigned Notary Public, personally appeared
LeWiS Boxez
known to me to be the person( 4 whose name /, S subscribed to the within instrument and acknowledged that he.
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal. 6-
VOL 1 1047
A
P
OFFICIAL SEAL
Marilyn F. Haupert
9,
NOTARY PUBLIC - CAUFORNIA
PRINCIPAL OFFICE IN
SAN MATEO COUNTY
My Commission Expires July 11, 1976
On this the < Y — day of 19 1 e , before me,
the undersigned Notary Public, personally appeared
LeWiS Boxez
known to me to be the person( 4 whose name /, S subscribed to the within instrument and acknowledged that he.
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal. 6-
VOL 1 1047
252
Foun ERS TITLE company ;
ORDER NO. 530773 * -
3. Covenants, Conditions and Restrictions as contained in the Deed executed by T. B. Potter Reality Company, recorded May 27, 1909, in Book 163, Page 299, Of Deeds, which does not contain express provision ; for forfeiture or reversion of title in the event of violation, but omitting restrictions, if any, based on race, color, religion or national origin. »
DESCRIPTION:.
All that certain real property situate in the City of HALF MOON BAY, County of San Mateo, State of California, described as follows:
PARCEL- I: ' V
LOT 35 in BiocX 14, as designated on the map entitled " SECOND ADDITION " TO ARLETA PARE, HALF MOON BAY ", filed in the office of the Recorder of » the County of San Mateo, State of California, on October 8, 1906 in Book " C" of Maps at Page 24, and a copy entered in Book 4 of Maps at Page 36.
PARCEL II:
A PORTION of Lots 33 and 34 in Block 14, as said Lots. and Block are shown on the map entitled " SECOND ADDITION TO ARLETA PARK, HALF MOON BAY ",* filed in the office of the Recordei of the County of San Mateo, State of : California, on October 8, 1906 in Book " C" of Maps at Page 34 and a * copy entered in Book 4 of Maps at Page 36, described as follows:
COMMENCING at the Southwesterly corner of said Lot 34,
Westerly THENCE along the line of said Lot 34, North 70 51' 40" West, 124. 13 feet Lo the Northwesterly corner of said Lot 34; of said Lot 34, THENCE along the Northerly line North 620 08' 20" East, 21. 42 feet; THENCE South 22° 57' 00" East 82. 88 feet; THENCE along a tangent curve to the right with a radius of 35. 00 feet; through an angle of 1050 05' 2011, an arc length
of 64. 20 feet to the Southerly line of said Lot 34; THENCE along last said line South 820 08' 20" West, 9. 20 feet to the Point of Commencement.
AP# 064 - 241 - 070.
NOTE: There have been no Deeds recorded within the last six months prior to the date of this report, affecting the herein
described property.
WB / bb - 6
5 - 3 - 76
Page of
2 Pages " 7
VOL fiR 4,rz
253
IMPROVEMENTS
Street grading and paving, curbs, gutters, sidewalks,
storm drainage improvements, lighting, trees and landscaping, and miscellaneous appurtenances.
e
EXHIBIT B
254
609 POPLAR STREET
APN: 064-271-380
RESO NO. C-84-11 255
RESOLUTION NO. C- 84 -11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY
AUTHORIZING CITY MANAGER TO EXECUTE A STREET AGREEMENT
WITH RICHARD LEE FOR 609 POPLAR STREET — APN 064-271- 380 WHEREAS, Richard Lee applied for and received Building Permit No. BEMP27146, which was conditionally issued pending approval of a Street Agreement; and WHEREAS, the City Council requires execution of an agreement to participate in an assessment district for certain improvements; and
WHEREAS, the Street Agreement has been submitted to the City Council for approval.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby approves the Street Agreement dated November 30, 2011, signed by Richard Lee, and authorizes the City Manager to execute the Street Agreement on behalf of the City; and directs the City Clerk to forward the fully executed Street Agreement to the San Mateo County Recorder's Office for recording.
I, the undersigned, hereby certify that the forgoing Resolution was duly passed and adopted on the 20th day of December 2011, by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers: Alifano, Fraser, Kowalczyk, Muller & Mayor Patridge NOES, Councilmembers:
ABSTAIN, Councilmembers:
ABSENT, Councilmembers:
ATTEST: APPROVED:
Siobhan Smith, City Clerk Naomi Patridge, May
256
RECORDING REQUE5TED BY :
Siobhan Smith, City Clerk
WHEN RECORDED MAIL TO:
City Clerk
City of HalfMoon Bay
501 Main Street
HalfMoon Bay, CA 94019
650) 726-8271
December 21, 2011
2011- 163995
12:04 pm 12/30/11 AG Fee: NO FEE
Count of Pages 5
Recorded in Official Records
County of San Mateo
Mark Church
11111111111ffii1U' Ii~lilll~~il"inililii~ 1111 *
R 0 0 0 1 3 2 3 9 3 5 *
STREET AGREEMENT
TITLE OF DOCUMENT
Street Agreement between the City of Half Moon Bay and
Richard Lee
609 Poplar Street
APN 064-271-380
257
CITY OF HALF MOON BAY STREET AGREEMENT
THIS AGREEMENT, made and entered into this ' 3D day of !- 4ov.....~ f!i:::.;l<.._ , 2011, by and between the City of Half Moon Bay, a municipal corporation, hereinafter called " CITY", and Richard Lee, hereinafter called " PERMITTEE".
WITNESSETH:
WHEREAS, PERMITTEE is the owner of real property in the City of Half Moon Bay, County of San Mateo, State of California, located at 609 Poplar Street, has requested a building permit from the CITY concerning the construction of buildings upon the real property described as APN 064-271-380, Parcel 3, Subdivision: Arleta Park 2nct Addn; Building Permit# BEMP27146; and WHEREAS, PERMITTEE is required to provide certain necessary public improvements, hereinafter specified, in conformance with the requirements of CITY which will benefit and improve the real property described; and WHEREAS, in consideration of the granting of a building permit, PERMITTEE is required, at his own cost and expense, to provide minimum access to the property consistent with the requirements of Chapter 14.12 of the Municipal Code.
NOW, THEREFORE, it is hereby agreed to by the party, as follows:
1. The real property subject to this Agreement is described as:
APN 064- 271- 380, Parcel 3, Subdivision: Arleta Park 2"d Addn; Building Permit# BEMP27146.
2. PERMITTEE agrees to provide access to the property pursuant to Chapter
14. 12 of the Municipal Code which, for the PERMITTEE' s property, shall be an:
CHECK APPROPRIATE BOX) ( INITIALS )
existing partially improved street
o existing interim private street
o interim private street constructed by applicant
3. PERMITTEE agrees to cooperate with other property owner, the CITY and other public agencies to design and provide any or all of the public improvements set forth in Exhibit " A" of this Agreement when requested by the City Engineer or under a joint cooperative plan including the formation of an assessment project under appropriate improvements procedures and/ or bond acts, if such a program is undertaken by the CITY to secure the installation and construction of the improvements. PERMITTEE' s signature hereto shall be deemed to be his signature ( binding on his successor and assigns, if any) on a petition for
258
formation of an assessment district that may be utilized by CITY under any appropriate improvement act provided by state law for the completion of any or all such improvements.
4. PERMITTEE agrees to dedicate necessary street right-of-way and easements commensurate with CITY requirements and shall deliver to CITY such rights-of-way and easements as may be required at the time of receiving notification from CITY to proceed with construction of the public improvements.
5. This Agreement shall be recorded by the CITY. All covenants herein contained shall pertain to and run with the real property described herein, and the Agreement shall apply to, bind, and inure to the heirs, successors, and assigns of the parties hereto.
6. In the event of litigation over this Agreement or its performance, the prevailing party shall receive attorneys' fees and costs .
7. This Agreement is subject to City Council approval. The PERMITTEE understands that if the City Council does not approve this Agreement, all work pursuant to the permit issued in consideration of this Agreement may be stopped.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on the date and year first above written.
CITY"
REVIEWED BY:
Mo Sharma
City Engineer
ATTEST:
Siobhan Smith, City Clerk
PERMITTEE"
Print Name
Print Name
CITY OF HALF MOON BAY
Laura Snideman
City Manager
Signature
Signature
Note: " PERMITTEE" shall have his/ her signature( s) notarized, with the Notary Public' s certification clearly attached to this document.
259
State of California JY\<t!t
County of San 0
ACKNOWLEDGMENT
before me, _....._A~m-Lj¥f-. ~L __, L!o£le..__, f-+1 --= lJ ..!. lilit-= L! ryy~ R.-=t.Jd:=:...!..:= tCG:::::___ insel't name and t1tle of the officer)
personally appeared t2 \ ~ \ :; e.--e._
who 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.
I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature O:my -/! Jlu ( Seal)
260
EXHIBIT " A "
STREET IMPROVEMENTS1. Clearing and grubbing
2 . Grading
3. Earthwork
4 . Sub-base
5. Base
6 . Paving
7. Curb and gutter
8 . Sidewalk
9. Handicap curb ramps
10. Storm drain
11. Sanitary sewer
12 . Manholes
13. Catch basins
14. Culverts
15. Underground electric power
16. Underground communications ( telephone , cable TV)
17. Underground gas
18. Water main and service
19. Street signs
20. Survey monuments
21. Relocation of existing utilities
22. Erosion control
23. Engineering
24. Construction inspection
25. Contingencies
Pag e 3 of 3
261
611 POPLAR STREET
APN: 064-271-390
RESO NO. C-85-11 262
RESOLUTION NO. C- 85 - 11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY
AUTHORIZING CITY MANAGER TO EXECUTE A STREET AGREEMENT
WITH RICHARD LEE FOR 611 POPLAR STREET — APN 064-271- 390 WHEREAS, Richard Lee applied for and received Building Permit No. BEMP27146, which was conditionally issued pending approval of a Street Agreement; and WHEREAS, the City Council requires execution of an agreement to participate in an assessment district for certain improvements; and
WHEREAS, the Street Agreement has been submitted to the City Council for approval.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby approves the Street Agreement dated November 30, 2011, signed by Richard Lee, and authorizes the City Manager to execute the Street Agreement on behalf of the City; and directs the City Clerk to forward the fully executed Street Agreement to the San Mateo County Recorder's Office for recording.
I, the undersigned, hereby certify that the forgoing Resolution was duly passed and adopted on the 20th day of December 2011, by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers: Alifano, Fraser, Kowalczyk, Muller & Mayor Patridge NOES, Councilmembers:
ABSTAIN, Councilmembers:
ABSENT, Councilmembers:
ATTEST: APPROVED:
1.9 C-7/
iobhan Smith, City Clerk Naomi Patridge, May r
263
RECORDING REQUESTED BY:
Siobhan Smith, City Clerk
WHEN RECORDED MAIL TO:
City Clerk
City of Half Moon Bay
501 Main Street
Half Moon Bay, CA 94019
650) 726- 8271
December 21, 2011
2011- 163994
12: 04 pm 12/ 30/ 11 AG Fee: NO FEE
Count of Pages 5
Recorded in Official Records
County of San Mateo
Mark Church
Assessor -Count Clerk 11
IIIIIIIIII IIIDIIIIiIIIIIVIII IIIIVIIIVIIIVIIIIIII IIIIIIII R 0 0 0 1 3 2 3 9 3 4
STREET AGREEMENT
TITLE OF DOCUMENT
Street Agreement between the City of Half Moon Bay and
Richard Lee
611 Poplar Street
APN 064-271- 390
264
CITY OF HALF MOON BAY STREET AGREEMENT
THIS AGREEMENT, made and entered into this 30 day of -
2011, by and between the City of Half Moon Bay, a municipal corporation, hereinafter called " CITY", and Richard Lee, hereinafter called " PERMITTEE".
WITNESSETH:
WHEREAS, PERMITTEE is the owner of real property in the City of Half Moon Bay, County of San Mateo, State of California, located at 611 Poplar Street, has requested a building permit from the CITY concerning the construction of buildings upon the real property described as APN 064- 271- 390, Parcel 4, Subdivision: Arleta Park 2nd Addn; Building Permit # BEMP27146; and WHEREAS, PERMITTEE is required to provide certain necessary public improvements, hereinafter specified, in conformance with the requirements of CITY which will benefit and improve the real property described; and WHEREAS, in consideration of the granting of a building permit, PERMITTEE is required, at his own cost and expense, to provide minimum access to the property consistent with the requirements of Chapter 14. 12 of the Municipal Code.
NOW, THEREFORE, it is hereby agreed to by the party, as follows:
1. The real property subject to this Agreement is described as:
APN 064- 271- 390, Parcel 4, Subdivision: Arleta Park 2nd Addn; Building Permit # BEMP27146.
2. PERMITTEE agrees to provide access to the property pursuant to Chapter
14. 12 of the Municipal Code which, for the PERMITTEE' s property, shall be an:
CHECK APPROPRIATE BOX) ( INITIALS)
existing partially improved streetl/
existing interim private street
interim private street constructed by applicant
3. PERMITTEE agrees to cooperate with other property owner, the CITY and other public agencies to design and provide any or all of the public improvements set forth in Exhibit "A" of this Agreement when requested by the City Engineer or under a joint cooperative plan including the formation of an assessment project under appropriate improvements procedures and/ or bond acts, if such a program is undertaken by the CITY to secure the installation and construction of the improvements. PERMITTEE' s signature hereto shall be deemed to be his signature ( binding on his successor and assigns, if any) on a petition for
265
formation of an assessment district that may be utilized by CITY under any appropriate improvement act provided by state law for the completion of any or all such improvements.
4. PERMITTEE agrees to dedicate necessary street right- of-way and easements commensurate with CITY requirements and shall deliver to CITY such rights-of-way and easements as may be required at the time of receiving notification from CITY to proceed with construction of the public improvements.
5. This Agreement shall be recorded by the CITY. All covenants herein contained shall pertain to and run with the real property described herein, and the Agreement shall apply to, bind, and inure to the heirs, successors, and assigns of the parties hereto.
6. In the event of litigation over this Agreement or its performance, the prevailing party shall receive attorneys' fees and costs.
7. This Agreement is subject to City Council approval. The PERMITTEE understands that if the City Council does not approve this Agreement, all work pursuant to the permit issued in consideration of this Agreement may be stopped.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on the date and year first above written.
CITY"
REVIEWED BY:
s /.L/ i_ V Na
Mo Sharma
City Engineer
ATTEST:
Siobhan Smith, City Clerk
CITY OF HALF MOON BAY
Laura Snideman
City Manager
PERMITTEE" JZ, c. j) I v
Print Name ' nature
Print Name Signature
Note: " PERMITTEE" shall have his/ her signature( s) notarized, with the Notary Public' s certification clearly attached to this document.
266
ACKNOWLEDGMENT
State of California
County of h
On a) before me, A M\j )'. (.`>° til, ru PIA, ICS
ingert name' and title of'the officer)
personally appeared M ua m ue—
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
AMY L. LEE
WITNESS my hand and official seal. Commission # 1877223 Z
Notary Public - California Z
San Francisco County s
Signature " 1 i &-- (Seal)
267
EXHIBIT " A"
STREET IMPROVEMENTS -
1. Clearing and grubbing
2. Grading
3. Earthwork
4, Sub -base
5. Base
6. Paving
7. Curb and gutter
8. Sidewalk
9. Handicap curb ramps
10. Storm drain
11. Sanitary sewer
12. Manholes
13. Catch basins
14. Culverts
15. Underground electric power
16. Underground communications ( telephone, cable TV)
17. Underground gas
18. Water main and service
19. Street signs
20. Survey monuments
21. Relocation of existing utilities
22. Erosion control
23. Engineering
24. Construction inspection
25. Contingencies
268
615 - 617 POPLAR STREET
APN: 064-271-360
APN: 064-271-370
RESO NO. C-70-10 269
RESOLUTION NO. C- 70 - 10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY
AUTHORIZING CITY MANAGER TO EXECUTE A STREET AGREEMENT
WITH MORELAND LLC FOR 615-617 POPLAR STREET —APN 064-271- 340 RESOLVED, by the City Council of the City of Half Moon Bay, San Mateo County, California that
WHEREAS, Moreland LLC applied for and received a building permit # ( BEMP26709), conditionally issued pending approval of a Street Agreement; and WHEREAS, the City Council requires execution of an agreement to participate in an assessment district for certain improvements; and
WHEREAS, such an agreement has been submitted to the City Council for approval.
NOW, THEREFORE, BE IT RESOLVED THAT
The City Council of the City of Half Moon Bay approves the Street Agreement dated October 7, 2010, signed by Christopher Cook representing Moreland LLC, and authorizes the Interim City Manager or his designee to execute the Street Agreement on behalf of the City, and That the City Clerk, or her designated representative, is directed to forward this fully executed Street Agreement to the San Mateo County Recorder's Office for recording.
I, the undersigned, hereby certify that the forgoing Resolution was duly passed and adopted on the 2nd day of November 2010, by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers: Alifano, Muller, Patridge & Mayor Fraser NOES, Councilmembers:
ABSTAIN, Councilmembers:
ABSENT, Councilmembers: Kowalczyk
ATTEST:
Z5110(0 Z: 0410 1 . Lila(
Siobhan Smith, City Clerk Marina Fraser, Mayor I( 17?-1 io APPROVED AS TO FORM:
Anthony P. Condotti, City Attorney
270
CITY OF HALF MOON BAY STREET AGREEMENT
THIS AGREEMENT, made and entered into this 7 day of ~ ... )l) .... r , 2010, by and between the City of Half Moon Bay, a municipal corporation, hereinafter called "CITY", and Moreland LLC, hereinafter called "PERMITTEE".
WITNESSETH:
WHEREAS, PERMITTEE is the owner of real property in the City of Half Moon Bay, County of San Mateo, State of California, located at 615-617 Poplar Street has requested a building permit from the CITY concerning the construction of a building upon the real property described as APN # 064-271-340, Lot# 16 & 17, Subdivision: Arleta Park 2nd Addn; Building Permit# BEMP26709; and WHEREAS, PERMITTEE is required to provide certain necessary public improvements, hereinafter specified, in conformance with the requirements of CITY which will benefit and improve the real property described; and WHEREAS, in consideration of the granting of a building permit, PERMITTEE is required, at his own cost and expense, to provide minimum access to the property consistent with the requirements of Chapter 14.12 of the Municipal Code.
NOW, THEREFORE, it is hereby agreed to by the parties, as follows:
1. The real property subject to this Agreement is described as:
APN # 064-271-340, Lot #16 & 17, Subdivision: Arleta Park 2nd Addn; Building Permit# BEMP26709.
2. PERMITTEE agrees to provide access to the property pursuant to Chapter
14.12 of the Municipal Code which, for the PERMITTEE's property, shall be an:
(CHECK APPROPRIATE BOX) (INITIALS)
../ existing partially improved street 4_..,_._
o existing interim private street
o interim private street constructed by applicant
3. PERMITTEE agrees to cooperate with other property owners, the CITY and other public agencies to design and provide any or all of the public improvements set forth in Exhibit "A" of this Agreement when requested by the City Engineer or under a joint cooperative plan including the formation of an assessment project under appropriate improvements procedures and/or bond acts, if such a program is undertaken by the CITY to secure the installation and construction of the improvements. PERMITTEE's signature hereto shall be deemed to be his signature (binding on his successor and assigns, if any) on a
271
petition for formation of an assessment district that may be utilized by CITY under any appropriate improvement act provided by state law for the completion of any or all such improvements.
4. PERMITIEE agrees to dedicate necessary street right-of-way and easements commensurate with CITY requirements and shall deliver to CITY such rights-of-way and easements as may be required at the time of receiving notification from CITY to proceed with construction of the public improvements.
5. This Agreement shall be recorded by the CITY. All covenants herein contained shall pertain to and run with the real property described herein, and the Agreement shall apply to, bind, and inure to the heirs, successors, and assigns of the parties hereto.
6. In the event of litigation over this Agreement or its performance, the prevailing party shall receive attorneys' fees and costs.
7. This Agreement is subject to City Council approval. The PERMITTEE understands that if the City Council does not approve this Agreement, all work pursuant to the permit issued in consideration of this Agreement may be stopped.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on the date and year first above written.
uCITY"
REVIEWED BY:
Mohinder Sharma, P .E.
City Engineer
ATTEST:
Siobhan Smith, City Clerk
"PERMITTEE"
P nt Nc;tm~
~~\')~
Print Name
CITY OF HALF MOON BAY
Michael P. Dolder
Interim City Manager
Signature
Note: "PERMITIEE" shall have his/her signature(s} notarized, with the Notary Public's certification clearly attached to this document.
272
ACKNOWLEDGMENT
State of Cal~rnia '4\£
County of \Y\ (y 1J )
before me, P.m'/ l · Lf€. 1 ~ f\.t~I(· (insert name and title of the officer) personally appeared Q .. h~lS~~tr CCUf:: , who proved to me on the basis of satisfactory evidence to be the person(~) whose name{S) is/are subscribed to the within instrument and acknowledged to me that heJs~eAhey executed the same in hislher/thej,i; authorized capacity~). and that by his/her/their signature(i) on the instrument the person'6), or the entity upon behalf of which the person'6) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
r·11a·10111""•""•1
•
AMYL.LEE
Comniulon " 1871223
' ' Notify ia.1lttc • Caltfomla
&111 frlnCllCO County
Mv Comm. Ex11ires Feb 10 2014 t ~-~--·~ ---- - ----
Signature ~ ,('.! k (Seal)
273
EXHIBIT "A"
-STREET IMPROVEMENTS1. Clearing and grubbing
2. Grading
3. Earthwork
4. Subbase
5. Base
6. Paving
7. Curb and gutter
8. Sidewalk
9. Handicap curb ramps
10. Storm drain
11 . Sanitary sewer
12. Manholes
13. Catch basins
14. Culverts
15. Underground electric power
16. Underground communications (telephone, cable TV)
17. Underground gas
18. Water main and service
19. Street signs
20. Survey monuments
21. Relocation of existing utilities
22. Erosion control
23. Engineering
24. Construction inspection
25. Contingencies
274
651 POPLAR STREET
APN: 064-271-190
RESO NO. C-58-80 275
WHEN RECORDED, RETURN TO:
Attn: R. Guest
City of Half Moon Bay
P. O. Bor 67
Half Moon Bay, CA 94019
RESOLUTION NO. 58 -80
A RESOLUTION AUTHORIZING CITY MANAGER TO
EXECUTE STREET ASSESSMENT AGREEMENT WITH
ALFRED E. PERRUQUET ( 651 Poplar St.)
WHEREAS Alfred E. Perruquet has applied for and received a building permit; and
y
Aq
W t' •
WHEREAS the City Council requires execution of an agreement to participate in an assessment district for certain improvements; and WHEREAS such agreement has neen submitted to the City Council and approved by the City Council;
THEREFORE BE IT RESOLVED by the City Council of the City of Half Moon Bay that that particular agreement dated June 25, 1980 and signed by Alfred E. Perruquet is approved and the City Manager is hereby authorized to execute said agreement on behalf of the City.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Half Moon Bay on July 1, 1980, by the following vote:
AYES and in favor thereof: Councilmen Bishop, Mello, Shaw; Mayor Bedesem NOES: None
ABSENT: Mullin
r
d
Y t
ATTES W ` r
r
y alp - as R: Gad t' ' ty Clerk
M11M1nHelen R. Bedesem, Mayor
REEL 19H3 WE 0—
A40a ,
RECORDGAI
REQUE T of
11i,Rrs!Ir,
t;UFC . ECORD
OFr,,.. CntJ,yty fR
b
C.J
C
of
REEL KE 276
651 Poplar Street
A G R E E M E N T
THIS AGREEMENT, made and entered into this day of
19 (?0, by and between the City of Half Moon Bay, a
municipal corporation hereinafter called " CITY ", and
Y ci f ' rru r- u E
hereinafter called " PERMITTEE"
WITNESSETH:
WHEREAS, Permittee is the owner of real property in the City of Half Moon Bay, County of San Mateo, State of California, and has requested a building permit from the City concerning the construction of a building upon the real property described in Exhibit " A" attached hereto; and WHEREAS, Permittee is required to provide certain necessary public improvements, hereinafter specified, in conformance with the requirements of City which will benefit and improve the real property described in said Exhibit " A "; and
WHEREAS, in consideration of the granting of a building permit, and for and in consideration of the approval by City of the proposed public improvements adjacent to the Permittee' s said property, Permittee is willing, at his own cost and expense, to furnish all materials and construct and install the said public improvements; and
WHEREAS, the regulations of City provide for deferment of the construction of such public improvements and Permittee
into this agreement with City for the construction and
said public improvements at the time specified in this
is willing to issue necessary and requested permits to
development of said real property described in Exhibit
subject to the public improvements being constructed is this agreement:
REEL
desires to enter
installation of
agreement and City
Permittee for the
A" attached hereto
i with
1 983 WE [ 27 277
NOW, THEREFORE, IT IS HEREBY AGREED TO BY ThE PARTIES, as follows:
1. The real property subject to this agreement is described in Exhibit " A" attached hereto.
2. Permittee agrees to install and construct in accordance with the terms of this agreement the improvements described in Exhibit " B" attached hereto,
All of said improvements and materials used therein shall be in accordance with the ordinances, regulations, standards and specifications of City and all of the work shall be constructed to the complete satisfaction of the City Engineer.
3. Permittee agrees to cooperate with other property owners, the City and other public agencies to provide the public improvements set forth in Exhibit " B" of this agreement under a joint cooperative plan including the formation of an assessment project under appropriate improvement procedures and /or bond acts, if such a program is undertaken by the City to secure the installation and construction of the improvements.
Permittee' s signature hereto shall be deemed to be his signature ( binding on his successor and assigns, if any) on a petition for formation of an assessment district which may be utilized by City under any appropriate improvement act provided by state law for the completion of any or all such improvements.
4. The Permittee agrees to dedicate necessary street right of way and easements commensurate with City requirements and shall deliver to City such rights of way and easements as may be required at the time of receiving notification from City to proceed with construction of the public improvements. Dedication shall be limited to a thirty -foot ( 30') half street and Permittee agrees to appropriate set back requirements for future widening of street rights of way.
2-
REEL (' J'0'3 IMGE 230 278
5. City may notify Permittee at any time in writing to commence the installation and construction of the public improvements. The notice shall be sufficient if mailed to Permittee at the address of the owner of the property as shown on the latest adopted County assessment roll.
The notice shall describe the work to be done by the Permittee, the time within which the work shall commence and the time within which it shall be completed.
6. Upon notification by City to proceed with the work, the Permittee shall dedicate the necessary right of way and shall cause engineered improvement plans to be prepared by a registered civil engineer to the satisfaction of the City Engineer and at the Permittee' s expense.
After approval of said plans by the City, the Permittee shall make application to the City Engineer for any required encroachment permit to perform the aforementioned work in the right of way of City. The City Engineer shall, after Permittee or his contractor has complied with all of the requirements of City for the issuance of such a permit, cause an encroachment permit to be issued to the Permittee or his contractor to perform said work in the right of way of City.
7. Five ( 5) days prior to commencement of work on the improvements herein provided for, the Permittee shall notify the City Engineer,' in writing, of his intention to begin work on said improvements. The Permittee shall, at the option of the City Engineer, pay all costs of inspection incurred by said City, and if such is required by the City Engineer, the Permittee shall deposit an amount sufficient to cover the estimated cost of such inspection prior to commencement of work.
8. Permittee agrees to install and complete the work within the time specified in the notice given by City in accordance with the standards and specifications of the City.
3- REEL IMGE I_
279
9. Should the _--rmittee fail to complete or all of said improvements within the time allotted as specified in the notice to Permittee described in Paragraph 6. of this Agreement, City may construct, or cause to be constructed, said improvements, and the Permittee agrees to reimburse City for the cost of any and all labor and materials used therefor, including engineering, inspection, and all administrative overhead of City. In the event Permittee fails to pay all sums due City on account of such work within thirty ( 30) days after receipt of notice, the City is hereby authorized to cause the cost thereof to be assessed as a lien against the real property hereinabove described. Such lien may be foreclosed upon if necessary, provided, however, that the lien herein provided for shall be subordinate to the First Deed of Trust for the purchase of, and /or for the construction of improvements on, said real property of Permittee.
10. The Permittee shall notify the City Engineer, in writing, or the completion of the improvement work herein provided for so that final inspection may be performed prior to acceptance of said improvement work by City.
11. At such time as the installation of improvements for which Permittee is herein made responsible has been completed and accepted by the City Engineer, City Engineer agrees to file any required notice of completion of said improvements.
12. The Permittee shall protect and indemnify City and the officers and employees thereof against all liability and claims because of, or arising out of, any accident, loss, or damage, happening or occurring during the performance of any and all work done by or for Permittee under the terms of this Agreement or cause by any condition resulting from such work.
13. Should legal action be necessary to enforce any provisions of this agreement, Permittee agrees to pay all reasonable attorney' s fees. 4- ))
REEL .( Y83 IMGE L
280
and costs incurred by City in connection therewith.
14. This Agreement may be recorded by City. All covenants herein contained shall pertain to and run with the real property described herein, and this Agreement shall apply to, bind and inure to the heirs, successors, and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officers on the day and year first above written.
CITY" CITY OF HALF MOON BAY
n ,
City Manager
ATTEST:
City Caer
PERMITTEE" " /
ell - -
41 t
P. O. Box 1, E1 Granada, CA 94018
State of
County of I
SS.
KATHLEEN ANN MISKEL
NOTARY PUBLIC - CALIFORNIA
t' RINCIPAL OFFICE IN
SAN MATEO COUNTY
My Commission Expires Aug. 17: 1882
GENERAL ACKNOWLEDGEMENT FORM
On this the ' 1day of 19 ,e5 e-, before me,
the undersigned Notary Public, personally appeared
known to me to be the person( s) whose name( s) subscribed to the within instrument and acknowledged that
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal. 281
RYFTTRTT A
JS7 7 IEUn 1. we
TAX DILL
VOL. To JUNE 30, 19] 9 PAYMENT CARD
ASSESSED PERS, PROP. LESS EXEMP110NS
1148435
ASSESSED NET VALUE
1 xi
TOTAL
57. 26
TTv" j
11, i Lr: . gyp. ,
TOTAL TAX . 57. 26
94 1 $ E DUE NOV.
INS' >
1,
2b.
LLMENT
1976
63 SECOND
DUE FES.
INSTALLMENT 2
1, 1979
DELIN } VENT DELINQUENT
DEC. J, 1978 APRIL 10, 1. 979
RL' ivT L1+ NLY LN' EV PCFL1, ' ST' a 6^`
Oo4- 271 - 1y0
b4- 271 - 1" i7 -%
p p ( THIS CAR ID P UST
PARCEL NUMBER
LAND VALUE
TAX RATE AREA
J
BE LIVID i N
ASSESSED ASSESSED IMPROVEMEN
pR p
MAKININP EACH 911: TOTAL ASSESSED -
INSTALIM,ENT
PAYBME. 1 j
SANMATEO COUNTY
ASSESSES AT 25 % OF
IYY.Y CHECKS PAYABLE 10:
i OSS Co NT1 z... _.
KEEP THIS CARD FOR
SAN MATEO COUNTY
b3 93
FOUP. PAYMENT RE( OF) D(
INSTALLMENT
TAX COLLECTOR i
5 t
REDWOOD CITY, CA 91061 I r
1a
IF PROPEklfY HAS AUMiY s
BEENiSC. D, SU01
l:
21{ D INSTALLMENT
THIS BILL TO NEW 0
DARE PAID
OWNER OR JUTURN E
Ff LI zY NLf E. L TO TAX COLLECTOR.
D 9
cLV TA IuT. AL 131 X000
L1'
TA PAYALAL
AS REQUIRED BY
LAW, THE OWNER 1
ON MARCH EST SHOWN,
0 1
AND " O" INDICATES
MARCH 1 . 1' L I? 4Y =_- Pj F T
SEE REVERSE SIDE i
RYFTTRTT A
JS77 IEUn 1. we
TAX DILL
VOL. To JUNE 30, 19] 9 PAYMENT CARD
ASSESSED PERS, PROP. LESS EXEMP110NS
1148435
ASSESSED NET VALUE
1 xi
TOTAL
57. 26
TTv" j
11, i Lr: . gyp. ,
TOTAL TAX . 57. 26
RL' ivT
94 L1+
1 $ E
NLY LN'
DUE
DEC.
EV
DELIN }
J,
NOV.
INS' >
VENT
1978
1,
PCFL1, '
2b.
1976
LLMENT
63 ST' a
SECOND
DUE
APRIL
FES.
DELINQUENT
10,
6^`
1,
1. 979
1979
INSTALLMENT
Oo4- 271 - 1y0 i7 - OOC 051 TAX BILL
TAX AMOUNT S
rolaL AssESSEO vawE RATELXemanorlsv L INFORMATION CARD
CODE VLS' J7
utrilY LJc3I SVu
H$ CAL YEAR 19] 9 ISBD
LANOAWPROvEMENTS — PULL CASH VALUE— URNDNALFRONATY
SANMATEO COUNTY
ASSESSES AT 25 % OF
FULL CASH VALUE
KEEP THIS CARD FOR TAX WITHOUT
b3 93
FOUP. PAYMENT RE( OF) D(
INSTALLMENT
EXEMPTION
5 1 ST TAX EXEMPTION
0c1J
DATE PAID '
20 CHECK NO,
l:
21{ D INSTALLMENT I STTAXINSTALLMENT PAYABLE V VV
L O. V 0
DARE PAID 2ND INSTALLMENT i n _ 01)
L6NUVuLI AL lfr<EL) E
NAME k1 L L: LA 1 8 Ll EDKtI \A LA, CA 94018
ADDRESS '
DISTRIBUTION OF TAX DOLLARS
AGENCIES TAX RATE TAX AMOUNT S
6LIJLRAL IAA EVAIC 90000 VLS' J7
utrilY LJc3I SVu 0007 O1
Au,\ I LLu L, , t uNU b3 93 b 5
A JK L, uLL JiJ UL) 0c1J 20
UUINJ 002' L) 4
SLINJ 0487 D 9
cLV TA IuT. AL 131 X000
TA PAYALAL 70 0
1 DESCRIPTION J. L I AL MUL NAV DJ FT YKLN T UA + Y LiN L# e , YLAK LYifXu AiJ TL: '_ LY LN uF LLT 12 oL,, 13 Lr 2fAJ Aa11) I AkLLI A- PK K-, i-I 4 /. Sb ALKC: AVt L Ii Y uF- riX :LLr ., ILuii SAY I
0 REEL I i IMGE i
282
EXHIBIT " B"
Street grading and paving, curbs, gutters, sidewalks, storm drainage improvements, lighting, trees and landscaping and miscellaneous appurtenances.
6- REEL 1983 IMGE 235 283
653 - 655 POPLAR STREET
APN: 064-271-210
RESO NO. C-14-79
284
r
RESOLUTION No. 14 - 79
RESOLUTION APPROVING AGREEMENT FOR THE
INSTALLATION OF IMPROVEMENTS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME Nerhan)
The City Council of the City of Half Moon Bay does resolve that the agreement between Keet Nerhan and the City of Half Moon Bay, for property known as 653 and 655 Poplar Street, Half Moon Bay, dated September 14, 1978, a copy of which is affixed hereto and by reference is made a part hereof, is approved and the City Manager is authorized to execute the same on behalf of the city.
PASSED AND ADOPTED by the City Council of the City of Half Moon Bay, California, on March 7, 1979, at a regular meeting thereof, by the following vote:
AYES, and in favor thereof
NOES: None
ABSENT: Mello
ATTEST:
Y2 CC& I t ( , )
Mary- Lou rang, City Clerk
Bedesem, Cardoni, Shaw, Adreveno
040
J
6980AD
RECORDED AT REQUEST OF
1^ r,
MAY 14 12 26 PH ' 19
HARM,,' L, i'.MCH, RECORDER
SM HI TEC= COUNTY
OF ': L < CGRDS
M
CD
fb
t,
t'D
285
AGREEMENT
THIS AGREEMENT, made and entered into this ' I7 day of
1972 by and between the CITY OF HALF NO BAY, a
municipal corporation, hereinafter called " CITY ", and oie /- W &,;, 0
hereinafter called " PERMITTEE ",
C
a
WITNESSETH:
WHEREAS. Permittee is the owner of real property in the City of \\ Half Moon Bay, County of San Mateo, State of California, and has requested a building permit from the City concerning the construction of a building upon the real property described in Exhibit " A" attached hereto; and WHEREAS. Permittee is required to provide certain necessary public improvements, hereinafter specified, in conformance with the requirements of City which will benefit and Improve the real property described in said Exhibit " A "; and
WHEREAS, in consideration of the granting of a building permit, and for and in consideration of the approval by City of the proposed public improvements adjacent to the Permittee' s said property, Permittee is willing, at his own cost and expense, to furnish all materials and construct and install the said public improvements; and _
WHEREAS, the regulations of City provide for deferment of the construction of such public improvements and Permittee desires to enter into this agreement with City for the construction and installation of said public improvements at the time specified in this agreement and City is willing to issue necessary and requested permits to Permittee for the development of said real property described in Exhibit " A" attached hereto subject to the public improvements being constructed in accordance with this agreement:
NOW, THEREFORE, IT IS HEREBY AGREED TO BY THE PARTIES, as follows:
1. The real property subject to this agreement is described in Exhibit " A" attached hereto.
2. Permittee agrees to install and construct in accordance with 1 r
i
I
h
REEL 7846 1 K' t2453
j
f
j
a
WITNESSETH:
WHEREAS. Permittee is the owner of real property in the City of \\ Half Moon Bay, County of San Mateo, State of California, and has requested a building permit from the City concerning the construction of a building upon the real property described in Exhibit " A" attached hereto; and WHEREAS. Permittee is required to provide certain necessary public improvements, hereinafter specified, in conformance with the requirements of City which will benefit and Improve the real property described in said Exhibit " A "; and
WHEREAS, in consideration of the granting of a building permit, and for and in consideration of the approval by City of the proposed public improvements adjacent to the Permittee' s said property, Permittee is willing, at his own cost and expense, to furnish all materials and construct and install the said public improvements; and _
WHEREAS, the regulations of City provide for deferment of the construction of such public improvements and Permittee desires to enter into this agreement with City for the construction and installation of said public improvements at the time specified in this agreement and City is willing to issue necessary and requested permits to Permittee for the development of said real property described in Exhibit " A" attached hereto subject to the public improvements being constructed in accordance with this agreement:
NOW, THEREFORE, IT IS HEREBY AGREED TO BY THE PARTIES, as follows:
1. The real property subject to this agreement is described in Exhibit " A" attached hereto.
2. Permittee agrees to install and construct in accordance with 1 r
i
I
h
REEL 7846 1 K' t2453
286
3 12. The Permittee shall protect and indemnify Cty and the i officers and employees thereof against all liability and claims because of, or arising out of, any accident, loss, or damage, happening or occurring during i
the performance of any and all work done by or for Permi [ tee under the terms of this Agreement or cause by any condition resulting from -such work. T
13. Should legal action be necessary to enforce any provisions of this agreement, Peimittee agrees to pay all reasonable attorneys' fees and costs I ncurred by City in connection therewith.
14. This Agreement my be recorded by City. All covenants herein contained shall pertain 'to and run with the real property described herein, and this Agreement shall apply to, bind and inure to the heirs, successors, and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officers on the day and year first above written.
CITY" CITY OF HALF W- BA1F -- -
C ! by —
ty Mana
ATTEST: c
C C k
PERM ;' TEE"
State of
SS.
County of
REEL 7,8411'
aaalaaHNaiaSaiH aaaualaWBa1u111ua111111111111111
DO11 LD DRIVON
NOTARY PUEUC — CALIFORNIA
PPRINCIPAL OFFICE 1N
SAN IviATEO COUNTY 7
My Commission Expires Sept. 16, 1981
uaaaaaeaaauulananuuanuunnauaonllullol
On this the day of 19 ZP, before me,
the undersigned Notary Public, personally appeared
1,
tD
QD
known to me to be the person_W whose name(4 - It subscribed CZ to the within instrument and acknowledged that Z
O
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal. 287
EXHIBIT B
IMPROVEMENTS
Street grading and paying, curbs, gutters, sidewalks,
storm drainage improvements, lighting, trees and landscaping, and miscellaneous appurtenances.
I
7" I J46 r- - - 2458288
I
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ar lao, 26030
Newt Ne,
WHIN MCOHDBD NAIL TO:
Yaat S. Marbr
Pa 4y i.Tr'
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to mow W 000000
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esp Ba9ay Tnrdn Tr
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bar u abort JL aawerme Mr wr go" rrntiv.wgr* an
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CORPORATION GRANT DEED
FOR A VALUABLE CONSIDERATION, noept of which M hw* V oduhowltdPtl, B J CONSULTANTS, IMC.
m capmMbn orvmiw undw the Iww of the Stsa of California does hwaby GRANT m
KEST S. MKIMR, a single man
dr " W pam V in the CRY of Ralf loon Hay
Cerny of Sea Mateo - , Sao of Ce" 101 nlm. dhhhhotbnd a Parcel A, As show en that certain rp entitled " PABCHL MAP A POITIOM OF TNG 2 ACBB HITS BLOCK 13 OF N® ID MAP OF AHLirA PAR[ AMD ADDITIONS. HALT MOM MY, BBCOa= IN BOOM 7 OF MPS AT P11I 6, AM HAM COUNTY BHCOBDS LYING AMKMY UrMX1 TBH CITY OF KW BDON W - CALIPOBMIA^ Mad in the office of the County Becerder of Hen Vats* County, State of California on December 230 1976 in Volume 34 of Parcel tape at V44P 37.
AP 064- 271 -210 i
7PN 64 i] a-7/• IY. OI : J
71 T
4,
289
Parcel A. " show on that certain map entitled " FARM IW A POKTIOM OF TMB 2 ACKK SRS BLOCK 13 Of NMMZM1ID MAT OF ASLSTA TASK AND ADDITI0 . MU MDOM LT, U= m IN BOOK 7 OF BOB AT PAGE 6, SAM MATZO COOM Y KKOOSDS LTDG QtISSLT WITKIK TES CM OF Y/ J MDOM YT - CALIPOSKW filed in the office of the Covat7 Recorder of San Mateo Coamt7, State of California ou December 23, 1976 in Volu s 30 of parcel Maps at pap 37.
Ap 060- 271 - 210
SPN c4 z7- z- 7i 11w0l
Dim " Camber 7, 1978
adbn as asM10aa • rt/ arar r an or r
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Cy
O M, y
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wit i
Seat S. Merham
Pa
Im. %
Wawa Asmye Lr Pon " coma" Una
MAIL TAIL aTATISIMM TO:
Saar as above 6aamawaw Maa. aw. dMal rm N "
w, Y daa Male
COR PORATION GRANT 0110
FOR A VALUABLE CONSIDERATION• v80* of v~ b hwdw wanowlvaava. a J OOMSW.TAMIS, me.
a ompmadon aSriW7 unaw on taaw of On Stan of California 0M hwahY GRANTw
Mm S. mmm, a single tun
0w nwl poopwty N gnCity of Ralf Noon 47
County of Sao Mateo Sun of CdNanY, duwltl as
Parcel A. " show on that certain map entitled " FARM IW A POKTIOM OF TMB 2 ACKK SRS BLOCK 13 Of NMMZM1ID MAT OF ASLSTA TASK AND ADDITI0 . MU MDOM LT, U= m IN BOOK 7 OF BOB AT PAGE 6, SAM MATZO COOM Y KKOOSDS LTDG QtISSLT WITKIK TES CM OF Y/ J MDOM YT - CALIPOSKW filed in the office of the Covat7 Recorder of San Mateo Coamt7, State of California ou December 23, 1976 in Volu s 30 of parcel Maps at pap 37.
Ap 060- 271 - 210
SPN c4 z7- z- 7i 11w0l
Dim " Camber 7, 1978
adbn as asM10aa • rt/ arar r an or r
fAatl
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290
670 POPLAR STREET
APN: 064-272-140
RESO NO. C-19-02 291
RESOLUTION NO. C- 19 - 02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFHALF MOON BAY
AUTHORIZING CITY MANAGER TO EXECUTE A STREET AGREEMENT WITH CHRISTOPER RIDGWAY FOR 670 POPLAR STREET - APN 064-272- 140 RESOLVED, by the City Council of the City of Half Moon Bay, San Mateo County, California that
WHEREAS, Christopher Ridgway has applied for and received a building permit (ABC 21263), conditionally issued pending approval of a Street Agreement; and WHEREAS, the City Council requires execution of an agreement to participate in an assessment district for certain improvements; and
WHEREAS, such an agreement has been submitted to the City Council for approval by the City Council.
NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED, as follows; That particular Street Agreement dated April 11, 2002 and signed by Christopher Ridgway is approved and that the City Manager is hereby authorized to execute Street Agreement on behalf of the City, and
That the City Clerk, or her designated representative, is directed to forward this fully executed Street Agreement to the San Mateo County Recorder's Office for recording.
I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Half Moon Bay, San Mateo County, California, at a meeting thereof held on the 7th day of May 2002, by the following vote of the members thereof:
AYES, Councilmembers Coleman, Grady, Ferreira & Mayor Taylor NOES, Councilmembers
ABSTAIN, Councilmembers:
ABSENT, Councilmembers:
Ruddock
I
Toni Taylor, MAYO
ST:
PASSED AND ADOPTED AT THE
l OUNA MEETING OF
F.
Dorothy R. Ro•• ins, CITY CLERK
CITY CLERK '
292
RECORDING REQUESTED BY:
HOC 11 002- 128001
06/ 27/:. 11: 53A AG Fee: NC
Dorothy R. Robbins, City Clerk Page 1 of 6
Recorded in Official Records
County of San Mateo
Warren Slocum
Assessor- County Clerk- Recorder
Recorded By
WHEN RECORDED MAIL TO: 1111111 till 1111 111 1111 I II
City Clerk
City ofHalf Moon Bay
501 Main Street
Half Moon Bay, CA 94019
650) 726- 8270 THIS SPACE FOR RECORDER USE ONLY
aee
June 10, 2002
STREET AGREEMENT
TITLE OF DOCUMENT
Agreement Between the City of Half Moon Bay and Christopher Ridgway 293
670 POPLAR STREET
APN 064- 272- 140)
STREET
AGREEMENT
THIS AGREEMENT, made and entered into this iltlay of April 2002, by and between the City of Half Moon Bay, a municipal corporation, hereinafter called "CITY", and CHRISTOPHER RIDGWAY
hereinafter called "PERMITTEE".
WITNESSETH:
WHEREAS, PERMITTEE is the owner of real property in the City of Half Moon Bay, County of San Mateo, State of California, located at 670 POPLAR STREET has requested a building permit from the CITY concerning the construction of a building upon the real property described APN# 064- 272- 140 18, ptn 1 Subdivision 2nd Addition, Arleta Park , Building Permit# ABC 21263 and WHEREAS, PERMITTEE is required to provide certain necessary public improvements, hereinafter specified, in conformance with the requirements of CITY which will benefit and improve the real property described; and WHEREAS, in consideration of the granting of a building permit, PERMITTEE is required, at his own cost and expense, to provide minimum access to the property consistent with the requirements of Chapter 14. 12 of the Municipal Code.
NOW, THEREFORE, IT IS HEREBY AGREED TO BY THE PARTIES, as follows:
1. The real property subject to this Agreement is described as:
APN# 064- 272- 140 Lot# 18, ptn 17Subdivision 2nd Addition Arleta Park Building Permit# ABC 21263
2. PERMITTEE agrees to provide access to the property pursuant to Chapter
14. 12 of the Municipal Code which, for the PERMITTEE' s property, shall be an:
CHECK APPROPRIATE BOX) INITIALS)
existing partially improved street
existing interim private street
interim private street constructed by applicant
3. PERMITTEE agrees to cooperate with other property owners, the CITY and other public agencies to provide any or all of the public improvements set forth in Exhibit "A" of this Agreement under a joint cooperative plan including the formation of an assessment project under appropriate improvements procedures and/ or bond acts, if such a program is undertaken by the CITY to secure the installation and construction of the improvements. PERMITTEE' s signature hereto shall be deemed to be his signature 1111111111111101111111111111111111111011111111111111 20002 26001 Page 1
294
1 binding on his successor and assigns, if any) on a petition for formation of an assessment district that may be utilized by CITY under any appropriate improvement act provided by state law for the completion of any or all such improvements.
4. PERMITTEE agrees to dedicate necessary street right-of-way and easements commensurate with CITY requirements and shall deliver to CITY such rights- of-way and easements as may be required at the time of receiving notification from CITY to proceed with construction of the public improvements. Dedication shall be limited to a
thirty-foot (30') half street and PERMITTEE agrees to appropriate set back requirements for future widening of street rights-of-way.
5. This Agreement shall be recorded by CITY., All covenants herein contained shall pertain to and run with the real property described herein, and the Agreement shall apply to, bind, and inure to the heirs, successors, and assigns of the parties hereto.
6. In the event of litigation over this Agreement or its performance, the prevailing party shall receive attorneys' fees and costs.
7. This Agreement is subject to City Council approval. The PERMITTEE understands that if the City Council does not approve this Agreement, all work pursuant to the permit issued in consideration of this Agreement may be stopped.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly auaiorized officers on.the date and year first above written.
CITY"
REVIEWED BY: CI • LF MOON BAY
Edward L. Marlow
1iZ
e er Cosen Irtl
Public Works Director City Manager
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Alf 40 " 111P7‘,-;-)
y R. Robb'`' s, City Clerk
PERMITTEE"
7,40.4,1g,
Christopher Colye / nidgway
Note: " PERMITTEE" shall have his/her signature(s) notarized, wit he • tary Public's certification clearly attached to this document.
1111111 11111 1111 IIIIIJII Ill 111111 111111 III 11111 liii III! 2002- 126001
AGlPage003
63A
295
EXHIBIT "A"
STREET IMPROVEMENTS -
1. Clearing and grubbing
2. Grading
3. Earthwork
4. Subbase
5. Base
6. Paving
7. Curb and gutter
8. Sidewalk
9. Handicap curb ramps
10. Storm drain
11. Sanitary sewer
12. Manholes
13. Catch basins
14. Culverts
15. Underground electric power
16. Underground communications (telephone, cable TV)
17. Underground gas
18. Water main and service
19. Street signs
20. Survey monuments
21. Relocation of existing utilities
22. Erosion control
23. Engineering
24. Construction inspection
25. Contingencies
1111111111111111111111111111111111111 200201.260@ 1
Page3
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1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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297
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Mateo
On June 10, 2002 before me, Angelica Fazio, Notary Public DATE
NAME, TITLE OF OFFICER- E. G.,' JANE DOE, NOTARY PUBLIC" personally appeared Peter Cosentini
NAME(S) OF SIGNER(S)
a 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),
ANGELICAFAZtO or the entity upon behalf of which the
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WITNESS my hand and official seal.
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OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
Street Agreement
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
NUMBER OF PAGES
TRUSTEE(S)
Cl GUARDIAN/CONSERVATOR
OTHER:
04/ 11/ 02
City Manager, City of Half Moon Bay DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY( IES)
SIGNER(S) OTHER THAN NAMED ABOVE
I IIIIII I 1 IIII IIIIIII1 IIIIII IIIIII IIII 1 IIII IIII 20026 2600 1 of 6
298
Making Half Moon Bay the premier place to vivir (live), trabajar (work) and jugar (play)! Half Moon Bay City Hall 501 Main Street Half Moon Bay, CA 94019 (650) 726‐7177 www.hmbcity.com
John T. Doughty, AICP, Director
Public Works Department
February 10, 2022
PROPERTY OWNER’S NAME
PROPERTY OWNER’S ADDRESS
CITY, STATE ZIP
RE: CITY COUNCIL DISCUSSION ON DEFERRED STREET IMPROVEMENT AGREEMENTS – POPLAR STREET TRAFFIC CALMING AND SAFETY PROJECT
Dear PROPETY OWNER’S NAME,
On February 8, 2022, the Planning Commission approved the Coastal Development Permit for the Poplar Street Traffic Calming and Safety Project. The project includes traffic calming measures (i.e. traffic circles and bulbouts), bicycle and pedestrian connectivity and safety improvements (i.e. a new pedestrian sidewalk/decomposed granite path, added crosswalks, and Class III Bike Lanes), pavement repairs, surface treatment, and drainage improvements. These improvements will be installed along Poplar Street between Railroad Avenue and Main Street, including the frontage of the parcel you own. The City retained a $1.2 Million grant to support construction of improvements along the corridor which will anticipate to be used to offset some of the potential costs.
At the time of development of your property (residence), the City allowed the deferral of street improvements along the frontage of Poplar Street. In exchange, the owner (and any subsequent owner) retained the obligation to construct or contribute to constructing the required frontage improvements.
A fully developed street section will generally have a combination of the following components: ADA path of travel, curb and gutter, curb ramps, street paving, and other improvements. The Poplar Street Project is designed for more context sensitivity and the improvements will vary from block‐to‐block.
On Tuesday, February 15, 2022, the City Council is scheduled to consider and provide direction to staff regarding the disposition of your and nineteen (19) other Deferred Street Improvement Agreements. At this moment, there is no definitive decision, and the City welcomes you to join the meeting if you are interested or if you have any questions regarding this matter. The City Council will appreciate your input.
You can find more information at the City of Half Moon Bay Planning Commission Website at https://www.half‐moon‐bay.ca.us/150/Planning‐Commission‐Meeting‐Agendas or at the CIP Project website at https://www.half‐moon‐bay.ca.us/581/4574/Poplar‐Street‐Traffic‐Calming‐and‐Safety.
To discuss any questions regarding the scope of the project for the Poplar Street Traffic Calming and Safety Project, please contact Jonathan Woo, Assistant Engineer at (650) 726‐8265 or email [email protected].
299
Thank you,
John Doughty
Public Works Director
Attachment 1: Deferred Street Improvement Agreement for APN FOR PARCEL 300