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1460 Capri Dr. (S96-09)A G R E E M E N T THIS AGREEMENT (identified as No. Pld 34) made and entered into this ~_ day of Stiv,l- 19 ~ by and between EASY CARE FACILITIES,~a limited partnership, and JOHN ALLEN TOWNSEND Jr., an individual hereinafter referred to as "Owner," and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City." WHEREAS, City granted conditional approval of Parcel Map PM 89-06 to create two lots on properties commonly known as 1458 Capri Drive and described in Exhibit "A" attached and incorporated herein as though fully set forth, which property is hereinafter referred to as "said real property"; WHEREAS, compliance with the terms and conditions of this agreement are conditions to the final approval of above described application to subdivide the property; PiOW, THEREFORE, IDi COP}SIDERATION OF THE ABOVE-MENTIONED APPROVAL, and satisfaction of the conditions to that approval, (1) Owner shall provide, construct and/or install at his own proper cost and expense, public street improvements as described in section 11.24.040 of the city code within 12 months from the date when owners or their successors are notified to do so by the City Engineer; provided, however, that in the computation of said 12 months period, delays due to, or caused by acts of God, viz., unusally inclement weather, major stri};es, and other delay beyond the control of Owner or his successors shall be excluded. (2) It is expressly understood and agreed to that if Owner shall fail to complete the work required by this Agreement within the said 12 month period, the City, after after giving ten (10) days' written notice thereof to Owner, or his successors, may construct and/or install said improvements and recover the full cost and expense thereof from owner, or his successors. (3) Owner, or his successors, shall cause to be prepared at his cost and expense improvement plans for the construc- tion and/or installation of said improvements prior to such construction or installation. Said plans shall be prepared by a civil engineer registered by the State of California and submitted to the City Engineer for examination and approval. All of said improvements shall be constructed and/or installed in accordance with those plans approved by the City Engineer and shall be made under the supervision and inspection and to the satisfaction of the City Engineer. Said construction and/or installation shall be in accordance with the existing ordinances and resolutions of the City of Campbell and to all plans, specifications, standards, sizes, lines and grades approved by the City Engineer, and all State and County statutes applicable thereto. Upon completion and acceptance of the improvements by City, Owner, or his successors, shall provide reproducible as-built plans to the City Engineer. (4) The construction work of the improvements embraced by this agreement shall be done in accordance with the specifica- tions of the City of Campbell and Sanitation District No. 4 of Santa Clara County, where indicated. (5) Prior to approval of the plans by the City Engineer pursuant to Section (3) of this Agreement, Owner, or his successors, shall pay to the City for examination of improvement plans, field inspection of construction of improvements and all necessary expenses incurred by City in connection with said improvements, a sum in the amount of seven percent (7~) of the estimated cost of the improvements at the time of construction. (6) Owner, or his successors, shall file with City, prior to approval of the plans by the City Engineer, surety acceptable to the City to insure full and faithful performance of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distribution system. Said surety shall guarantee that Owner, and his successors, will correct any defects which may appear in said improvement work within one (1) year from the date of acceptance of the work by City and pay for any damage to other work resulting from the construction thereof, as well as pay the cost of all labor and materials involved. This surety shall remain in effect until one (1) year after date of final acceptance of said improvements by City. Said surety amount may be reduced by the City Engineer after the date of final acceptance to not less than twenty-five (25).percent of its full value. (7) Upon final release of said surety by City, the obligations of Owner, and his successors, contained in this Agreement shall be considered null and void. (°) When called upon by City to do so, Owner, or his successors, will execute a petition for the formation of any special assessment district created pursuant to any special assessment act as provided in the Streets and Highways Code of 2 the State of California created for the purpose of constructing and/or installing any or all of said improvements. (9) Owner, or his successors, shall participate in and become a part of any special assessment district as described in paragraph (8) of this Agreement. It is expressly understood that any obligations of Owner, or his successors, contained in this Agreement that are accomplished to the satisfaction of said City Engineer by said special assessment district shall be considered null and void. (10) Owner, or his successors, shall make such deposits or file such bonds and enter into such agreement as required by Sanitation District r1o. 4 of Santa Clara County to insure the installation of a sanitary sewage system to serve said real property, and Owner, or his successors, shall file with City, upon execution of this Agreement, a letter from said Sanitation District No. 4 stating that Owner, or his successors, have made such deposits or filed such bonds and entered into such agreements. (11) Owner, or his his successors, shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground wiring circuit to all electroliers within said real property when Owner, or his successors, is notified by either the City Engineer or the Pacific Gas and Electric Company that said fees are due and payable. Owner's, and his successors', obligations under this section shall not be relieved by delay or the passage of time, but shall remain binding indefinitely and forever. (12) Owner, or his successors, shall make such deposits or file such bonds and enter into such agreement as required by San Jose Water Company when called upon to do so to insure the installation of a water distribution system to serve said real property, including fire hydrant. Owner's, and his successors', obligations under this section shall not be relieved by delay or the passage of time, but shall bind Owner and successors indefinitely and forever. (13) Any easement and right of way within or without said real property necessary for the completion of the improvements shown upon aforesaid improvement plans shall be acquired by Owner, or his successors, at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required for the purpose of securing said easement and right of way, Owner, or his successors, shall deposit or cause to be deposited with City a sum covering the reasonable market value of the land proposed to be taken and to be included in 3 said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto such sums as may be required for legal fees and costs, engineering and other incidental costs shall be deposited with the City. (14) Owner, or his successors, shall carry out any and all negotiations with all interested parties and shall perform or cause to be performed at his own cost and expense and to the satisfaction of the City Engineer any and all work required to abandon, remove, raise, lower, relocate and otherwise modify irrigation line or lines within the boundary of said real property. (15) To the fullest extent permitted by law, Owner, and his successors, shall indemnify, defend and hold the City of Campbell, and its agents, employees, attorneys, officers, officials and assignees harmless from any and all claims, damages, losses and expenses, including, but not limited to, attorneys' fees, arising out of, or resulting from any negligent or intentional act or omission (including misconduct) of said Owner, or his successors, or any subcontractor, or anyone directly or indirectly employed by him, or anyone for whose acts any of them may be liable in the course of performance of the Agreement. The Owner, and his successors, shall also indemnify, defend and hold the City of Campbell, and its agents, attorneys, employees, officers, officials, and assignees harmless against and from any and all claims, demands, liabilities, losses, lawsuits, judgments, damages, costs and expenses (including, but not limited to, attorneys' fees and court costs, whether incurred at trial, appellate or administrative levels) which the City of Campbell may incur or suffer, or to which the City of Campbell may be subjected resulting from the failure of Owner, or his successors, or his agents, employees, subcontractors, or anyone performing services under him, to fulfill any of the obligations imposed under this Agreement. (16) It is acknowledged that the provisions of this Agreement constitute covenants for the improvement of the subject real property for the mutual benefit of Owner's property, commonly known as 1458 Capri Drive and the City's property, commonly described as Capri Drive where it adjoins Owner's property. These covenants shall be considered to affect rights in the above-described real properties, and shall be binding on the heirs, assigns, successors, and grantees of Owner to said real property. (17) Plothing contained herein shall be construed to transfer any unvested interests in real or personal property for 4 purposes of the rule against perpetuities. f18) In the event that Owner, or his successors, should breach any of the terms, conditions, or covenants of this Agreement, the City shall be entitled to recover, in addition to any other relief available in law or equity, all costs incurred in attempting to obtain enforcement of the Agreement, or compensation for such breach. These costs shall include reasonable attorneys' fees and court costs. (19) This is the entire Agreement between the parties, and there are no representations, agreements, arrangements or understandings that are not fully expressed herein. (20) This Agreement can be executed in counterparts by the parties hereto, and as so executed shall consist of one agreement, binding on all the parties. IN WITNESS WHEREOF, said City has caused its name to be affixed by its Mayor and City Clerk, who are duly authorized by resolution of the City Council, and said Owner has caused his name to be affixed the day and year first above written. CITY OF CAMPBELL Jeanette Watson, Mayor APPROVED AS TO FORM: William R. Seligmann, City Attorney Barbara Olsasky, City Clerk OWNER: Easy Care Facilities ~i ~~ ~: John Allen Townsend Jr. 5 EXHIBIT "A" That real property situated in the City of Campbell, County of Santa Clara, State of California, described as follows: LOT 5 as said Lot is shown and delineated upon that certain Map entitled, "TRACT NO. 148 Parrview Tract, being Lot 12 and part of Lot 11, Map of the subdivision of the Mrs. W. J. Parr Tract, E of Maps, page 63, a portion of the Rinconada de Los Gatos Rancho", and which said Map was filed August 12, 1940 in the office of the County Recorder of the County of Santa Clara, State of California, in vol. "4" of Maps, page 55. NOTARY FOR INDIVIDUAL SIGNATURE STATE OF CALIFORNIA ~ ss. County of ~~,n-~(~,~ ~~~~~, ~ .~r~ ~" C On this ~ ,r-t'h day of ~~Qfi ~r~~'~ 19 ~, before me, L.ll?l~G G loll a Notary Public i n and for the County of 5~,/1+GL l,l~~i~G~- ,State of California, residing therein, duly commissioned and sworn, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to . ~, be the person whose name ~ subscribed to the within instrument and acknowledged to me that ~"?~'. executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal of the aforesaid County and State the day and year in this certificate first above written. ,~~ OFFiCtAL Kent ' .~ Linda KaY NOTARY pUE3LIC-CALrFORN1A pRINCIPAI OFFICE IN THE aa,,. ~ COUNTY OF SANTA CIARa My Commissior, Expires Mar. 17,19! "NOTARY SEAL" 7f Notary Public nand for the c County of ~an~U ~ ~~w State of California My commission expi res ~' 1~~~ `7, ~ ~ l a' NOTARY FOR PARTNERSHIP SIGNATURE STATE OF CALIFORNIA ~ c ~ ss. County of ~SQnt~. (~'la,~. ~. On this aL~'-~Q, day of `~epfier~-~~e,~ 19 ~~ ,before me~/~~~- K~~ /'~en7 a Notary Public in and for the County of ~C~n~.- L'l~r~+- ,State of California, residingothereinn duuly commissioned and sworn, personally appeared ~ods'y Carte ~~~~ ~~f~~eS personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed this instrument on behalf of the partnership and acknowledged to me that the partnership executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offical seal the day and year on this certificate first above written. ,,.;~5~:-~==;~..~ OFFICIAL SEAL ~_ ~ ~o`~ Linda Kay Kent S~ ~ ~ ' ~o.:'f~"~ NCtARY PUBLIC-CAL~FCRtv!.4 . ~~ ~ PRINCIPAL OFFICE IV THE T'" _ ~' CUUNTY OF SAN ~ A CLARa h1y Commi~,icn czHi;~r '.lar. l;. 15^2 j --~._. _ "NOTARY SEAL" Notar Pu is nand for t e County of ~p.,~~~ ~~Q.I~~, ,State of Cal i forni a Icy commission expires : ~~•.. ~~~ ~~ ~ ~- CITY OF CAMPBELL OWNER OCCUPIED R-1 Permit No. ~ U'~ PUBLIC WORKS DEPT. NO FEE ENCROACHMENT PERMIT X-Ref. File 70 N. First St. (for working within the Application Date ~- P- Fc~ Campbell, CA 95008 public right-of--way) (408)866-2150 ($5,000 maximum value of w FAX (408)376-0958 t ~ G ~- ISSUED _,~, 1 APPLICATION -Application is hereby made for a Public Works Permit in accordance with Campbell Municipal Code, Section 11.04. (Application expires in 6 months if the permit is not issued.) A. Work Address ~ ~/ 6 D ~ ~ i ~DO B. Nature of Work So ' C. Attach three (3) copies of a drawing showing the location, extent and dimensions of the work. The drawing shall show the relation of the proposed work to existing improvements. When approved by the Ciry Engineer, said drawing becomes a part of this permit. D. All work shall conform to the Ciry of Campbell Standard Specifications and Details for Public Works Construction; the General Permit Conditions listed on the reverse side; and the Special Provisions for this permit, listed below. Failure to abide by these conditions and provisions may result in job shut-down and/or forfeiture of Faithful Performance securities. NAME OF APPLICANT ~o~N ~ocJ••/c ~"nrL ~ TELEPHONE ~6 ~ ~ ~5 (Print Name) ADDRESS ~ G C._l,,r~~..i l,,y ~, -~.,,n L. l~. ~ S-Uo~ The Applicant hereby confirms that this work is being done by the property owner/applicant at their own residence. The Applicant hereby agrees by axing their signature to this permit to hold the Ciry of Campbell, its officers, agenu and employees free, safe and harmless from any claim or demand for damages resulting from the work covered by this permit. The Applicant hereby acknowled es that they hav ea an erstand both the front and back of this permit, and that they will inform their contras the ' anon. ACCEPTED ~ ~ - ~ - ~ ~ p icant/Permittee tgn Date NOTES: ALL VY'ORK SHALL CONFORM WITH THE ATTACHED, APPROVED PLANS AND ALL APPLICABLE CAMPBELL STANDARD DETAILS AND CONDITIONS. THE CONTRACTOR MUST HAVE THIS PERMIT AND APPROVED PLANS AND MUST ARRANGE TO MEET WITH THE PUBLIC WORKS INSPECTOR AT THE SITE AT LEAST TWO DAYS BEFORE STARTING WORK. NOTICE MUST BE GIVEN TO PUBLIC WORKS AT LEAST 24 HOURS BEFORE RESTARTING ANY WORK. PER SECTION 4215 OF THE GOVERNMENT CODE THIS PERMIT IS NOT VALID FOR EXCAVATIONS UNTIL UNDERGROUND SERVICE ALERT (USA) HAS BEEN NOTIFIED AND THE WQUIRY IDENTIFICATION NUMBER (TICKET NO.) HAS BEEN ENTERED HEREON. USA PHONE: 1-800-227-2600. TICKET NO. `~ ~`I 1 TANDARD AMOUNT REC IPT NO. SECURITY FOR FAITHFUL P O CE ~ OQ o OF ENG. EST.) $T~ /,7(: APPROVED FOR ISSUANCE ~' ~ ~ l f ~=- ~' r Ciry Engineer Date Permit Expire , 6 Months After the Date of Issuance Derm~Vrev. ( SEE OTHER SIDE) lO 2" A.C. TYPE 3/4" 1rA701(LI~[ MEDIUM 957L COMPACTION I ~ i~ -8=~t2e QZ GRIND PAVEMENT KEY 2" -4" DEEP x 9' -12" 1VIDE \ ~' -10" 2• -4" Q2 EXISTING AC SECTION ~ a 4 0 ° PAVEI,~NT' FABRIC OVER ° TRENCH (PETROTAC.~PETROMAT ° OR EQUAL) W/TACK COAT as Q1 2 SACK SAND/CEMENT SLURRY a d. n. BACKFILL 9 ° d ° d G 4 ~ G ••• ••• • • ••• • • •• • »~~=•~ • •~• • • • ••i •• • • •• • • • •• i • • CLASS 1 BEDDING ; 12" (TYPE A BEDDING) (CLEAN SAND BEDDING SHALL BE USED AROUND GAS CONDUITS) • • O :~ •• • •• • ~~ ••~ •h • • • • • 1/8 D (4" MIN) TRENCH WIDTH 'D' PLUS 6" MIN. 'D' PLUS 24" MAX CENTER PD?E IN TRENCH AN EXCAVATION. (STEEL PLATING REQUD3ED DURWG CURING PERIOD OF 3 DAYS MIN. - 5 DAYS MAX.) © EXISIDTGIIVGINAC AND REPLACE FULL DEPTH AC SECTION (MIN ~) FULL DEPTH OF 3~ THIS DETAII. DOES NOT APPLY TO ELECTRICAL CONDUIT INSTALLATION TRENCH RESTORATION - METHOD A REVISED Backfill and Surface Restoration DATE: JULY 1994 DRArrrl BY CHECKED BY ~ CITY OF CAMPBELL DETAIL 7 APPROVE NOTES: ~ PLACE PERMANENT PAVEMENT WITHIN FIVE (5) DAYS AFTER BACKFILLING ~I~- I~~{0 Cc~r; l `lb(~ C~~ri FRl/EMAN-KERN ASSOCIATES, [NC. GEOTECHNICAL ENGINEERING CONSULTANTS P.O. Box 0536 • Saratoga, CA 95071-0536 • (408) 867-6321 July 15, 1998 Project 2278 Mr. John Townsend 66 Cherry Lane Campbell, CA 95008 Subject: Surface Drainage 1440 Capri Campbell, California Dear Mr. Townsend: This letter presents our recommendations for disposal of surface water and roof downspout water from a house at 1440 Capri. As you know, in the past we excavated and logged a test pit on the adjacent property (1460 Capri). The soils in the entire surrounding area consist of silty, sandy GRAVEL. This is the same material that many of the percolation ponds in the area are using to replace groundwater into the water table. They are free draining, only rarely allowing surface water to be retained for more than several minutes. In our opinion, it is likely that rainfall will percolate into site soils sufficiently fast to dispose of all rainfall on the property, including that collected from roof downspouts. We suggest that water from downspouts be directed to points several feet away from foundations, and deposited in shallow depressions that direct the water away from the foundations. Water should be deposited on natural soils or thin gravel layers placed on the natural soils (such as might be used for landscaping purposes. If possible, water should not be deposited onto areas improved with soil amendments. Should you have any questions in this matter, please contact our office. Very truly yours, Freeman-Kern Associates, I Q,~~~ Michael A. Kern GE 458 CEG 996 /~~~ GE 458 * X33100 `~~q F OrECHN~ ~ ~~'~~- OF CA~~ GENERAL PERMIT CONDITIONS I. A SECURITY to insure FAITHFUL PERFORMANCE and completion of the work is required. This SECURITY is refundable upon completion of the work and writun acceptance by the Ciry. 2. A ONE-YEAR MAINTENANCE PERIOD for all work is required. Such period will begin on the dau of written acceptance by the Ciry. It is the applicant's responsibility to remove and replace unacceptable improvemenu within the one-year maintenance period. 3. REFUND or cancellation of the Faithful Performance security will be initiated by the written acceptance of the work by the Ciry. The Permittee MUST REQUEST IN WRITING a final inspection and acceptance of the work upon completion. Acceptance by the Ciry will be made in writing to the Permitue. S. MAINTAIN safe pedestrian and vehiculaz crossings and free access to privau driveways, fire hydranu and waur valves. 6. REPLACE IN KIND any damaged or removed existing improvemenu, including planting. 7. SAWCUT for all PCC or AC removals. Prior to concreu sawcutting or washing, the Contractor shall place filter fabric material in the flow line of the gutter to retain all construction debris. All construction debris shall be wet vacuumed, broom swept, picked up and disposed of by the Contractor. Conereu sawcut debris shall not be swept or water hosed into the guttez and into the storm drain sysum. 8. Adequate signing and lighted BARRICADING is required on the job siu. Failure to provide such signing and barricading as specified by the Ciry Engineer may result in the City's renting such signing and barricades and charging the cost to the permittee. 9. The Contractor or Permittee will have a SUPERVISORY REPRESENTATIVE available for contact on the project at all times during construction. I0. This. permit shall be kept at the site of work and must be shown to any authorized representative of the Ciry of Campbell or any law enforcement officer upon demand. l I. No STORAGE of materials or equipment will be allowed near the edge of pavement, within the traveled way, or within the shoulderline which would creau a hazardous condition to the public. I2. This permit shall not be construed as authorization for excavation and grading on private property adjacent to the work or any other work for which a separate permit may be required, nor does it relieve the Permittee of any obligation to obtain any other permit required by law. 13. Al] necessary ROAD REPAIRS resulting from the permit work shall be made in accordance with Ciry Standards and Specifications at the sole expense of the Permittee. 14. This permit does NOT RELEASE the Permitue from any liabilities contained in other agreements or contracu with the Ciry and any other public agency. 15. This permit is NOT TRANSFERRABLE. Work must be performed by the Permittee or his designated agent or contractor as specified thereon. 16. Prior approval of inspector is required for any work done after normal working hours, on weekends or holidays and may require reimbursement of inspection costs at the current overtime rau. 17. Ca]] back (call out) due to emergencies regarding this permit, shall be at the current overtime rate with a three (3) hour minimum charge per occurre for ensuring that all tho~e providing services under the applicant are aware of and understand all `, ons. /-~-~~ Date Applicant TO BE RECORRDED Wtit10UT f+ $EC'iION 6103 GOVERNMENT GODf AT THE REQUEST OF CITY OF CAI~APBELL Recording Requested By: ) City of Campbell ) ) And When Recorded Return To: ) City Clerk ) City of Campbell ) 70 N. First Street ) Campbell, CA 95008 ) In~~I~W~~~~ahl~ Titles~l / Pages 6 Fees.... No Fees Taxes... Copies.. AMT PAID BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE # 005 4/02/1997 11 26 AM DEFERRED STREET IMPROVEMENT AGREEMENT THIS AGREEMENT (identified as No. S 96-09) made and entered into this ~_ day of J , 19~, by and between EASY CARE FACILITIES, A CALIFORNIA MITED PARTNERSHIP, hereinafter referred to as "Owner, " and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City. " WHEREAS, City granted conditional approval of S 96-09 upon that certain real property described in deed recorded June 7, 1990, and filed in Book 380 at page 1326 in the office of the County Recorder, County of Santa Clara, State of California which property is hereinafter referred to as "said real property" and commonly known as~5~ Capri Drive; _ . 0 ~; ~' WHEREAS, compliance with the terms and conditions otlus agreement are conditions to the final approval of above described application to construct a single family residence; WHEREAS, the City Council at its meeting of ~ - - ~° approved an amendment to the Conditions of Approval to waive the security for the deferred street unprovement agreement; NOW, THEREFORE, IN COI~TSIDERATION OF THE ABOVE-MENTIONED APPROVAL, it is hereby agreed as follows: (1) Owner shall provide, construct and/or install at his own proper cost and expense, public street improvements within 12 months from the date when owners or their successors are notified to do so by the City Engineer. (2) All of said improvements shall be constructed and/or installed within 12 months from the date that Owners, or their successors, are notified by said City Engineer to do so; provided however, that in the computation of said twelve-month period, delays due to or caused by acts of God, viz., unusually inclement weather, major strikes, and other delay beyond the control of Owners shall be excluded. It is expressly understood and agreed to that if Owner shall fail to complete the work required by this Agreement within the said 12 month period, the City, after giving ten (10) days written notice thereof to Owner, or his successors, may construct and/or install said improvements and recover the full cost and expense thereof from owner, or his successors. It is further expressly understood that the purpose of this agreement is to defer construction of the above-mentioned improvements until some future date more conducive to the overall needs of the City of Campbell. In keeping with this understanding, the right of the City to give any of the notices specified herein in Section (2) of this Agreement to install such improvements, or to require construction or installation of such improvements, or to install such improvements itself and recover the costs thereof shall not be barred by the passage of time or delay by the City, but shall remain open and enforceable indefinitely and forever. It is also understood that the passage of time or any delay caused by the City shall not relieve the Owners, or their successors, from performance under this Agreement, but that the Owners, and their successors, shall remain bound indefinitely and forever. Any increased construction or preparation costs caused as the result of the passage of time shall be the responsibility of the Owners, and their successors. Nothing herein shall be deemed to prohibit construction of said improvements prior to notice by the City Engineer to construct or install such improvements, provided that prior to such installation, all of the provisions of Section (3) shall be satisfied. (3) Owner, or his successors, shall cause to be prepared at his cost and expense improvement plans for the construction and/or installation of said improvements prior to such construction or installation. Said plans shall be prepared by a civil engineer registered by the State of California and submitted to the City Engineer for examination and approval. All of said improvements shall be constructed and/or installed in accordance with those plans approved by the City Engineer and shall be made under the supervision and inspection and to the satisfaction of the City Engineer. Said construction and/or installation shall be in accordance with the existing ordinances and resolutions of the City of Campbell and ~to all plans, specifications, standards, sizes, lines and grades approved by the City Engineer, and all State and County statutes applicable thereto. Upon completion and acceptance of the improvements by City, Owner, or his successors, shall provide reproducible as-built plans to the Ciry Engineer. (4) The construction work of the improvements embraced by this Agreement shall be done in accordance with the specifications of the City of Campbell and West Valley Sanitation District, where indicated. (5) Prior to approval of the plans by the City Engineer pursuant to Section (3) of this Agreement, O«.~ner, or his successors, shall pay to the City for examination of improvement plans, field inspection of construction of improvements and all necessary expenses incurred by City in connection with said improvements, a sum to be determined when said plans are submitted in accordance with the rules in effect at that time. -2- (6) Owner, or his successors, shall file with City, prior to commencing work, surety, acceptable to City, to ensure full and faithful performance of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distribution system. Said surety shall guarantee that Owner, and his successors, will correct any defects which may appear in said improvement work within one (1) year from the date of acceptance of the work by City and pay for any damage to other work resulting from the construction thereof, as well as pay the cost of all labor and materials involved. This surety shall remain in effect until one (1) year after date of final acceptance of said improvements by City. Said surety amount may be reduced by the City Engineer after the date of final acceptance to not less than twenty-five (25) percent of its full value. (7) Upon final release of said surety by Ciry, the obligations of Owner, and his successors, contained in this Agreement shall be considered null and void. (8) When called upon by City to do so, Owner, or his successors, will execute a petition for the formation of any special assessment district created pursuant to any special assessment act as provided in the Streets and Highways Code of the State of California created for the purpose of constructing and/or installing any or all of said improvements. (9) Owner, or his successors, shall participate in and become a part of any special assessment district as described in paragraph (8) of this Agreement. It is expressly understood that any obligations of Owner, or his successors, contained in this Agreement that are accomplished to the satisfaction of said City Engineer by said special assessment district shall be considered null and void. (10) Owner, or his successors, shall make such deposits or file such bonds and enter into such agreement as required by West Valley Sanitation District to ensure the installation of a sanitary sewage system to serve said real property, and Owner, or his successors, shall file with City, upon execution of this Agreement, a letter from said Sanitation District stating that Owner, or his successors, have made such deposits or filed such bonds and entered into such agreements. (11) Owner, or his successors, shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground wiring circuit to all electroliers within said real property when Owner, or his successors, is notified by either the City Engineer or the Pacific Gas and Electric Company that said fees are due and payable. Owner's, and his successors', obligations under this section shall not be relieved by delay or the passage of time, but shall remain binding indefinitely and forever. (12) Owner, or his successors, shall make such deposits or file such bonds and enter into such agreement as required by San Jose Water Company when called upon to do so to ensure that installation of a water distribution system to serve said real property, including fire hydrant. Owner's, and his successors', obligations under this section shall not be relieved by delay or the passage of time, but shall bind Owner and successors indefinitely and forever. -3- (13) Any easement and right-of--way within or without said real property necessary for the completion of the improvements shown upon aforesaid improvement plans shall be acquired by Owner, or his successors, at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required for the purpose of securing said easement and right-of--way, Owner, or his successors, shall deposit or cause to be deposited with City a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto such sums as may be required for legal fees and costs, engineering and other incidental costs shall be deposited with the City. (14) Owner, or his successors, shall carry out any and all negotiations with all interested parties and shall perform or cause to be performed at his own cost and expense and to the satisfaction of the City Engineer any and all work required to abandon, remove, raise, lower, relocate and otherwise modify irrigation line or lines within the boundary of said real property. (15) To the fullest extent permitted by law, Owner, and his successors, shall indemnify, defend and hold the City of Campbell, and its agents, employees, attorneys, officers, officials and assignees harmless from any and all claims, damages, losses and expenses, including, but not limited to, attorneys' fees, arising out of, or resulting from any negligent or intentional act or omission (including misconduct) of said Owner, or his successors, or any subcontractor, or anyone directly or indirectly employed by him, or anyone for whose acts any of them may be liable in the course of performance of this Agreement. The Owner, and his successors, shall also indemnify, defend and hold the City of Campbell, and its agents, attorneys, employees, officers, officials, and assignees harmless against and from any and all claims, demands, liabilities, losses, lawsuits, judgments, damages, costs and expenses (including, but not limited to, attorneys' fees and court costs, whether incurred at trial, appellate or administrative levels) which the City of Campbell may incur or suffer, or to which the City of Campbell may be subjected resulting from the failure of Owner, or his successors, or his agents, employees, subcontractors, or anyone performing services under him, to fulfill any of the obligation~~osed under this Agreement. ~~r ~ ~~ ~` (16) It is acknowl~ed that a provisions of this Agreement constitute covenants for the improvement of the ubject real property for the mutual benefit of Owner's property, commonly known a 1 ~5 Capri Drive and the City's property, commonly described as 1458 Capri Drive where ' loins Owner's property. These covenants shall be considered to affect rights in the above-described real properties, and shall be binding on the heirs, assigns, successors, and grantees of Owner to said real property. (17) Nothing contained herein shall be construed to transfer any unvested interests i:. real or personal property for purposes of the rule against perpetuities. -4- (18) In the event that Owner, or his successors, should breach any of the terms, conditions, or covenants of this Agreement, the City shall be entitled to recover, in addition to any other relief available in law or equity, all costs incurred in attempting to obtain enforcement of the Agreement, or compensation for such breach. These costs shall include reasonable attorneys' fees and court costs. (19) This is the entire Agreement between the parties and there are no representations, agreements, arrangements, or understandings that are not fully expressed herein. (20) This Agreement can be executed in counterparts by the parties hereto, and as so executed shall consist of one agreement, binding on all the parties. IN WITNESS WHEREOF, said City has caused its name to be affixed by its Mayor and City Clerk, who are duly authorized by resolution of the City Council, and said Owner has caused his name to be affixed the day and year first above written. OWNER SEE ATTACHED NOTARIAL ACKNOWLEDGEMENT (Attach Acknowledgment) Attes lty Clerk Anne Bybee h: \landdev\ 1458capri. agr(mp) wp EASY CARE FACILITIES, A CALIFORNIA LIMITED P - Sig _ J ~ 1.0., ~o ~-,~d-rSiZd-r (Print Name) Title _ CITY OF CAMPBELL MAYOR Barbara D. Conant -5- Ic;ALIFORNIA ALL-PURPf E ACKN[1wI ~nrcn~~~~T State of California County of Santa lara On cX ' ~ ,before me, Patience Anne Starnes Nota Public erson SATE ` ~ ry , p ally appeared - - ~,.~ _____ . NAME(S) OF SfGNER(S) ~ ^ personally kno 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 ~A ` ' ~ authorized capacity(ies), and that by his/her/their ~s~= = ~. ~nTIF~:cF ;ANNE srAR~FS ;.. ~> '" signature(s) on the instrument the person(s), or the ~ COMM. # 1057588 ~ ;~ •°~ ~ NOTARY PUBLIC • CALIFORNIA entity upon behalf of which the person(s) acted, ~ ~' ~ SANTA CLAHA COUNTY ~ ~-;,;~~~~r,aj MyCummExpiresJuly29.1999 executed the instrument. WI,TNE S my hand and o ' 'al seal. __._.. ~~ 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 ^ INDIVIDUAL ^ CORPORATE OFFICER TITLE(S) ~1 PARTNER(S) ^ ATTORNEY-IN-FACT ^ TRUSTEE(S) ^ LIMITED ~~GENERAL ^ GUARDIAN/CONSERVATOR ^ OTHER: SIGNER IS REPRESENTING: NAME PERSON(S) OR ENTIIY(IES) _~ CAE' DESCRIPTION OF ATTACHED DOCUMENT ~ ' ._ ~ '~~/G~2C2'~ TITLE OR TYPE DOCUMENT ~C~G'~-~ NUMBER OF PAGES ~- ~. `'~ DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ~ of cAM ~~ U r •~ s .~ F G~ ORCHARD CITY of CAMPBELL Public Works Department TRANSMITTAL Apri125, 1997 John Townsend 66 Cherry Lane Campbell, CA 95008 Subject: 1460 Capri Drive From The Desk Of I. Harold Housley, P.E. Land Development Engineer City of Campbell Public Works Department (408) 866-2158 Fax (408) 376-0958 Enclosed please find a copy of the recorded Deferred Street Improvement Agreement concerning property located at 1460 Capri Drive. I. Harold Housley, P.E. Land Development Engineer 70 North First Street ~ Campbell, California 95008.1423 ~ reL 405.866.2150 ~ Fnx 408.376.0958 r~~ 408.866.2790 DEVELOPMENT REVIEW COMMENT SHEET Routed: April 18, 1997 Distribution: Apri121, 1997 Completeness: Apri128, 1997 Conditions: May 5, 1997 ROUTE TO: Architectural or Landscape Advisor X Fire Department Police Department Redevelopment Agency X Engineering X Traffic Engineering X Corporation Yard X Building Division PROJECT DESCRIPTION: Application for a Parcel Map to create two (2) separate residential lots, one of which would be a flag lot. The applicant is proposing to maintain the existing house and garage located on front lot facing Capri Drive. The proposed front lot will be 11,172 square feet and the flag lot is proposed to be 13,009 square feet. INFORMATION: File No: '- ~'Yl R7-(j~ APN: 406-22-037 Applicant: John Townsend Project Address: 1434 Capri Drive Zoning: R-1-10 General Plan: Low Density Residential (Less than 3.5 units per gross acre) PROJECT PLANNER: Aki R. Irani, Planner I DEPARTMENTAL RECOMMENDATION: If it can be determined that this project will require minimal or no comments by your department/agency, please return this comment sheet with your initials to the Project Planner as soon as possible. Status / Initial ~~ y/ No Comment - 1~/~1ic a)`Z~ (~w~j(,~ ¢/~~~/J' ~~ Additional inforrnation/revisions(see attached) Draft conditions of approval attached r/ ~ _ ~ _. /~f _ 1 ~~ pi `~ ~~~ ~, C J~~ • ~/ vV ~~~~~ ,~ OF CaMA ~ ~ U r a ~ F ~: ARCH AgO CITY of CAMPBELL Public Works Department TRANSMITTAL March 10, 1997 John Townsend 66 Cherry Lane Campbell, CA 95008 Subject: 1460 Capri Drive From The Desk Of I. Harold Housley, P.E. Land Development Engineer City of Campbell Public Works Department (408) 866-2158 Fax (408) 376-0958 Enclosed please find an originally executed Deferred Street Improvement Agreement concerning property located at 1460 Capri Drive. This Agreement has been sent to the County Recorder's office for recording. When a recorded copy is received by the City, we will send you a copy. 1 I. Harold Housley, P.E. ' ~. Land Development Engineer 70 North First Street Campbell, California 95008. 1423 TES 408.866.2150 Fnx 408.379.2572 ~ r~o 408.866.2790 NEW PW F.~7~ ~ 4,~R.R~~_nn ~ Q oti'~AM MEMORANDUM o o pR~ HwMO C CITY OF CAMPBELL To' Michelle Quinney DATE: March 6, 1997 City Engineer ccr. Marlene Pomeroy, Secretary FROM: "~ Ja Hemsley De ty City Clerk ~~ SUBJECT: Unsecured Deferred Street Improvement Agreement - 1460 Capri At its regular meeting of March 4, 1997, the City Council adopted Resolution No. 9198 authorizing the Mayor to execute the Unsecured Deferred Street Improvement Agreement with Easy Care Facilities, in regard to the installation of street improvements at 1460 Capri Drive. Please find certified copy of this Resolution together with two original Agreements attached. One original Agreement has been forwarded to the County Recorder's Office for recordation. RESOLUTION NO. 9198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE MAYOR TO EXECUTE AN UNSECURED DEFERRED STREET IMPROVEMENT AGREEMENT FOR PROPERTY LOCATED AT 1460 CAPRI DRIVE BE IT RESOLVED by the City Council of the City of Campbell, California as follows: The Mayor is authorized to execute an unsecured Deferred Street Improvement Agreement with Easy Care Facilities, a Limited Partnership, to install street improvements at 1460 Capri Drive. PASSED AND ADOPTED this 4th day of March, 1997, by the following roll call vote: AYES: COUnClhnemberS: Dougherty, Watson, Dean, Furtado, Conant NOES: Councilmembers: ABSENT: Councilmembers: Atte Anne Bybee, City Clerk None None APPROVED: 0~ , BARBARA D. CONANT MAYOR THE FOREGOING INSTPL)s,:~.NT IS ,a TRUE AND CORRECT COPY CF ~ HE ORIGINAL OW FILE IN TF-11S OFFICE-:. A EST: ANNE BYBEE, CITY CLERK, CITY O CAMPBELL, CALIFORNIA. (~ ~ ;', '/ B 4J ~2 \.~ ~ ...... ATE TITLE: city s q~ -~ CouYlcZl Item No.: s. Report Category: Consent Date: March 4, 1997 Approval of Unsecured Deferred Street ImprovementAgreement -1460 Capri Drive (Resolution/Roll Call Vote) RECOMI~~NDATION That the City Council adopt the attached resolution authorizing the Mayor to execute the unsecured Deferred Street Improvement Agreement with Easy Care Facilities, a California Limited Partnership, concerning the installation of street improvements at 1460 Capri Drive. DISCUSSION On July 23, 1996, the Planning Commission adopted Resolution No. 3034 conditionally approving a Site and Architectural application to allow construction of a new single family residential dwelling at 1460 Capri Drive. The conditions of approval require that the property owner, Easy Care Facilities, a Limited Partnership, execute a Deferred Street Improvement Agreement for construction of standard street improvements along the property frontage. Since it is not conducive to the overall needs of the City to construct the improvements at this time, the conditions of approval provide that the actual installation of the improvements be deferred until a more appropriate time in the future. Per the San Tomas Area Neighborhood Plan, the property owner is required to provide a security guarantee in the amount of the actual cost to construct the improvements to guarantee that the work will be done upon notification by the City Engineer. Since the property is a flag lot, the required public frontage improvements are minimal and the required deposit would be $3,000. The property owner has requested that the requirement for the security be waived since the likelihood of construction of full improvements on Capri Drive within the next five years is not probable. He is not supportive of setting aside funds in an account for an undefined period of time. The property owner has agreed through the attached Deferred Street Improvement Agreement to install the improvements when required to do so. FISCAL IlVIPACT There is no fiscal impact associated with this action. ~. r_ , Secured Deferred Street Improvement Agreement: Page 2 March 4, 1997 ALTERNATIVES Do not approve this agreement and request that the applicant provide security in a form acceptable to the City. Prepared by: Reviewed by: l/ t'/ ~i Pub is W rks Director Approved by: ' Ci er Attachments: Resolution Deferred Street Improvement Agreement b:\ccrpu\ 1460capri(mp)wp RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE MAYOR TO EXECUTE AN UNSECURED DEFERRED STREET IMPROVEMENT AGREEMENT FOR PROPERTY LOCATED AT 1460 CAPRI DRIVE BE IT RESOLVED by the City Council of the City of Campbell, California as follows: The Mayor is authorized to execute an unsecured Deferred Street Improvement Bement with Easy Care Facilities, a Limited Partnership, to install street improvements at 14G0 apri Drive. ,o. PASSED AND ADOPTED this 4th day of March, 1997, by the following roll call vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: APPROVED: BARBARA D. CONANT MAYOR Attest: Anne Bybee, City Clerk Recording Requested By: City of Campbell And When Recorded Return To: City Clerk City of Campbell 70 N. First Street Campbell, CA 95008 DEFERRED STREET IlVIPROVEMENT AGREEMENT THIS AGREEMENT (identified as No. S 96-09) made and entered into this day of , 19 , by and between EASY CARE FACILITIES, A CALIFORNIA LIMITED PARTNERSHIP, hereinafter referred to as "Owner, " and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City. " WHEREAS, City granted conditional approval of S 96-09 upon that certain real property described in deed recorded June 7, 1990, and filed in Book 380 at page 1326 in the office of the County Recorder, County of Santa Clara, State of California, which property is hereinafter referred to as "said real property" and commonly known as 1458 Capri Drive; WHEREAS, compliance with the terms and conditions of this agreement are conditions to the final approval of above described application to construct a single family residence; WHEREAS, the City Council at its meeting of , amendment to the Conditions of Approval to waive improvement agreement; approved an the security for the deferred street NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED APPROVAL, it is hereby agreed as follows: (1) Owner shall provide, construct and/or install at his own proper cost and expense, public street improvements within 12 months from the date when owners or their successors are notified to do so by the City Engineer. (2) All of said improvements shall be constructed and/or installed within 12 months from the date that Owners, or their successors, are notified by said City Engineer to do so; provided however, that in the computation of said twelve-month period, delays due to or caused by acts of God, viz., unusually inclement weather, major strikes, and other delay beyond the control of Owners shall be excluded. It is expressly understood and agreed to that if Owner shall fail to complete the work required by this Agreement within the said 12 month period, the City, after giving ten (10) days written notice thereof to Owner, or his successors, may construct and/or install said improvements and recover the full cost and expense thereof from owner, or his successors. It is further expressly understood that the purpose of this agreement is to defer construction of the above-mentioned improvements until some future date more conducive to the overall needs of the City of Campbell. In keeping with this understanding, the right of the City to give any of the notices specified herein in Section (2) of this Agreement to install such improvements, or to require construction or installation of such improvements, or to install such improvements itself and recover the costs thereof shall not be barred by the passage of time or delay by the City, but shall remain open and enforceable indefinitely and forever. It is also understood that the passage of time or any delay caused by the City shall not relieve the Owners, or their successors, from performance under this Agreement, but that the Owners, and their successors, shall remain bound indefinitely and forever. Any increased construction or preparation costs caused as the result of the passage of time shall be the responsibility of the Owners, and their successors. Nothing herein shall be deemed to prohibit construction of said improvements prior to notice by the City Engineer to construct or install such improvements, provided that prior to such installation, all of the provisions of Section (3) shall be satisfied. (3) Owner, or his successors, shall cause to be prepared at his cost and expense improvement plans for the construction and/or installation of said improvements prior to such construction or installation. Said plans shall be prepared by a civil engineer registered by the State of California and submitted to the City Engineer for examination and approval. All of said improvements shall be constructed and/or installed in accordance with those plans approved by the City Engineer and shall be made under the supervision and inspection and to the satisfaction of the City Engineer. Said construction and/or installation shall be in accordance with the existing ordinances and resolutions of the City of Campbell and to all plans, specifications, standards, sizes, lines and grades approved by the City Engineer, and all State and County statutes applicable thereto. Upon completion and acceptance of the improvements by City, Owner, or his successors, shall provide reproducible as-built plans to the City Engineer. (4) The construction work of the improvements embraced by this Agreement shall be done in accordance with the specifications of the City of Campbell and West Valley Sanitation District, where indicated. _ (5) Prior to approval of the plans by the City Engineer pursuant to Section (3) of this Agreement, Owner, or his successors, shall pay to the City for examination of improvement plans, field inspection of construction of improvements and all necessary expenses incurred by City in connection with said improvements, a sum to be determined when said plans are submitted in accordance with the rules in effect at that time. -2- (6) Owner, or his successors, shall file with City, prior to commencing work, surety, acceptable to City, to ensure full and faithful performance of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distribution system. Said surety shall guarantee that Owner, and his successors, will correct any defects which may appear in said improvement work within one (1) year from the date of acceptance of the work by City and pay for any damage to other work resulting from the construction thereof, as well as pay the cost of all labor and materials involved. This surety shall remain in effect until one (1) year after date of final acceptance of said improvements by City. Said surety amount may be reduced by the City Engineer after the date of final acceptance to not less than twenty-five (25) percent of its full value. (7) Upon final release of said surety by City, the obligations of Owner, and his successors, contained in this Agreement shall be considered null and void. (8) When called upon by City to do so, Owner, or his successors, will execute a petition for the formation of any special assessment district created pursuant to any special assessment act as provided in the Streets and Highways Code of the State of California created for the purpose of constructing and/or installing any or all of said improvements. (9) Owner, or his successors, shall participate in and become a part of any special assessment district as described in paragraph (8) of this Agreement. It is expressly understood that any obligations of Owner, or his successors, contained in this Agreement that are accomplished to the satisfaction of said City Engineer by said special assessment district shall be considered null and void. (10) Owner, or his successors, shall make such deposits or file such bonds and enter into such agreement as required by West Valley Sanitation District to ensure the installation of a sanitary sewage system to serve said real property, and Owner, or his successors, shall file with City, upon execution of this Agreement, a letter from said Sanitation District stating that Owner, or his successors, have made such deposits or filed such bonds and entered into such agreements. (11) Owner, or his successors, shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground wiring circuit to all electroliers within said real property when Owner, or his successors, is notified by either the City Engineer or the Pacific Gas and Electric Company that said fees are due and payable. Owner's, and his successors', obligations under this section shall not be relieved by delay or the passage of tune, but shall remain binding indefinitely and forever. (12) Owner, or his successors, shall make such deposits or file such bonds and enter into such agreement as required by San Jose Water Company when called upon to do so to ensure that installation of a water distribution system to serve said real property, including fire hydrant. Owner's, and his successors', obligations under this section shall not be relieved by delay or the passage of time, but shall bind Owner and successors indefinitely and forever. -3- (13) Any easement and right-of--way within or without said real property necessary for the completion of the improvements shown upon aforesaid improvement plans shall be acquired by Owner, or his successors, at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required for the purpose of securing said easement and right-of--way, Owner, or his successors, shall deposit or cause to be deposited with City a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto such sums as may be required for legal fees and costs, engineering and other incidental costs shall be deposited with the City. (14) Owner, or his successors, shall carry out any and all negotiations with all interested parties and shall perform or cause to be performed at his own cost and expense and to the satisfaction of the City Engineer any and all work required to abandon, remove, raise, lower, relocate and otherwise modify irrigation line or lines within the boundary of said real property. (15) To the fullest extent permitted by law, Owner, and his successors, shall indemnify, defend and hold the City of Campbell, and its agents, employees, attorneys, officers, officials and assignees harmless from any and all claims, damages, losses and expenses, including, but not limited to, attorneys' fees, arising out of, or resulting from any negligent or intentional act or omission (including misconduct) of said Owner, or his successors, or any subcontractor, or anyone directly or indirectly employed by him, or anyone for whose acts any of them may be liable in the course of performance of this Agreement. The Owner, and his successors, shall also indemnify, defend and hold the City of Campbell, and its agents, attorneys, employees, officers, officials, and assignees harmless against and from any and all claims, demands, liabilities, losses, lawsuits, judgments, damages, costs and expenses (including, but not limited to, attorneys' fees and court costs, whether incurred at trial, appellate or administrative levels) which the City of Campbell may incur or suffer, or to which the City of Campbell may be subjected resulting from the failure of Owner, or his successors, or his agents, employees, subcontractors, or anyone performing services under him, to fulfill any of the obligations imposed under this Agreement. i~~~~1 (16) It is acknowle,,~d that the provisions of this Agreement constitute covenants for the improvement of -sfibject real property for the mutual benefit of Owner's ro , P Peth' commonly known as 1458 ,!~apri Drive and the City's property, commonly described as 1458 Capri Drive where i~, adjglns Owner's property. These covenants shall be considered to affect rights in the above-described real properties, and shall be binding on the heirs, assigns, successors, and grantees of Owner to said real property. (17) Nothing contained herein shall be construed to transfer any unvested interests in real or personal property for purposes of the rule against perpetuities. -4- (18) In the event that Owner, or his successors, should breach any of the terms, conditions, or covenants of this Agreement, the City shall be entitled to recover, in addition to any other relief available in law or equity, all costs incurred in attempting to obtain enforcement of the Agreement, or compensation for such breach. These costs shall include reasonable attorneys' fees and court costs. (19) This is the entire Agrecment between the parties and there are no representations, agreements, arrangements, or understandings that are not fully expressed herein. (20) This Agreement can be executed in counterparts by the parties hereto, and as so executed shall consist of one agreement, binding on all the parties. IN WITNESS WHEREOF, said City has caused its name to be affixed by its Mayor and City Clerk, who are duly authorized by resolution of the City Council, and said Owner has caused his name to be affixed the day and year first above written. OWNER EASY CARE F LIlVIITED 5EE A; iFiCHED NOTARIAL acKNOwLEDGEMENT (Attach Acknowledgment) ~~ _ VC~~••l ~t?./~ Si7•v (Print Name) C~ ~'+~ , v~ ~ 1~~ . Title CITY OF CAMPBELL Attest: City Clerk h:llanddev\ 1458capri. agr(mp)wp MAYOR -5- CALIFORNIA ALL-PURE 5E ACKNOw~Fnl;l`IIA~AIT State of California County of Santa Clara On ~ • • ~ ~ DATE ~`~~~ ~---- A before m~, Patience Anne Starnes, Notary Public, personally appeared i / ,~- _J C~~~) ~~ n~ ~c~~ NAME(S) OF SIGNER(S) ~ ^ personalty k~t'own 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. %:~-. P4TIE~CE ANTE STAR'~FS U '~ COMM. ~ 1057588 ~ ~ ':~tl. NOTARvPUBUG • CALIFORNIA ~ ~ ~:\`•,.~,'i ' l SAP:TA CLARA COUNTY n ~,~` / E4y Comm. Expires .fury 20. ' 099 my hand and official seal. i ~ ;:~ OPTIONAL Though the data below is not required by taw. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ^ INDIVIDUAL ^ CORPORATE OFFICER TITLE(S) (~ PARTNER(S) ^ LIMITED GENERAL ^ ATTORNEY-IN-FACT ^ TRUSTEE(S) ^ GUARDIAN/CONSERVATOR ^ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ~ it ~:~ ~ y DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE DESCRIPTION OF ATTACHED DOCUMENT TITj.E OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNATURE OF NOTARY < `' l ~~~~~ ~ ~ ~~~~ [184] From: MicheleQ 2/14/97 5:03PM (742 bytes: 11 ln) ,// To: HaroldH \, Subject: Townsend Agreement Message Contents ------------------------------- Harold...The Townsend agreement is not on the February 18th agenda. It will be on the March 4th Council Agenda. Mr. Townsend called me to make sure everything was going ok for the 18th. I don't remember promising him that it would be on for this date. He left a number for me to call him back, but when I tried to return his call, I got a "cellular customer is not available" message. Can you cont~~-Mr-:---- ,, Townsend and let him know we are shooting for.--tie March 4th agenda? ~~~ THanks..MQ [187] From: HaroldH 2/6/97 10:43AM (1234 bytes: 17 ln) ~~ ~ rL To: MicheleQ cc: HaroldH Subject: Re: Capri deferred street improvement agreement ------------------------------- Message Contents ------------------------------- For the record MQ said she will prepare council report for 1458 and 1460 Capri. HH 2/6/97 MQ: For the record Marlene has sent this agreement to Townsend. If it is not returned in a few days I'll contact him HH 1/31/97 Harold...FYI, I spoke with Mr. Townsend yesterday regarding the deferred street improvement agreement for his development on Capri. He has faxed us a letter requesting that we not require a security for the deferred agreement. I told him that I agreed with your idea about taking the agreement to Council specifically requesting an exception to the STANP to not require the security. He was in favor of that, of course. Can you prepare an unsecured agreement form for him to sign and return to us. When we get the signed agreement back, we can then put it on the Council agenda for execution and see what happens. Sound OK? MQ .oF~~AM .o ~ ~ U r • a4+ s s INCH A yi0 CITY of CAMPBELL Public Works Department January 24, 1997 Mr. John Townsend 66 Cherry Lane Campbell, CA 95008 SUBJECT: 1460 CAPRI DRIVE (S 96-09) Dear Mr. Townsend: Thank you for your letter regarding the deferred street improvement required as a condition of the site approval (S 96-09) for your development at 1460 Capri Drive. This requirement is called for in the San Tomas Area Neighborhood Plan that was adopted by the Campbell City Council in December of 1993. You are requesting the security for this deferred street improvement be waived since the installation of full street improvements along Capri Drive is not probable within the next five years. As we have discussed over the phone, we will present this option to the City Council for their consideration. Enclosed are three original Deferred Street Improvement Agreements for you to sign, have notarized, and return two originals to us. If the Council approves an exception to the San Tomas Area Neighborhood Plan to allow execution of the unsecured Street Improvement Agreement, we will follow through with the recordation of this agreement. If Council opposes the exception, we will need to follow through with you regarding an appropriate security for the agreement. We will keep you informed of when this item will be agendized for the City Council's consideration, and will forward a copy of the staff report on the item prior to that meeting. According to the public records, the property is owned by Easy Care Facilities, a California Limited Partnership. If this is incorrect, please give us a call and we will make the necessary corrections. Please let me know if you have any questions regarding this matter. I can be reached at 866-2159. Sincerely, ~; , Michelle Quinney City Engineer cc: File 1460 Capri (S 96-09) J:\MQ\S9609 70 North First Street Campbell, California 95008. 1423 ~ rE~ 408.866.2150 Fnx 408.379.2572 ~ TDD 408.866.2790 January 12, 1497 Dean Michelle Quinney, P.E. City Engineer Re: 1460 Capri Drive File No. 596-09 The purpose of this letter is to help me understand, the request that your department has made of me. You have requested that I sign a new ec~ agreement for street improvements on Capri Drive. I have some property on Capri consisting of a flag lot, with 15 ft. of street access. Let me first state that I was a participant in the San Tomas Area Neighborhood PIan. It was my impression from those meetings ,that there was an overwhelming decision by the residents who made up that group, that they wanted to maintain the rural feeling of the neighborhood, and did not want curbs and gutters. Most importantly, they did not want a piece meal approach of stop and start curbs and gutters. My property and maybe one or two more on the entire street, are the only properties likely to require street improvements ar agttxments for the improvements. In talking with staff in regards to the Jiketihood of ever doing street iurprwemetrts on Capri, it does not seems likely mor fitAartcially possible. at least in the next ten years. Therefore it stems ludicrous to ask for a second deferred street improvement agreement requiring me to place money in an account far what looks like indefinitely for iruprovement that quite possibly will never go irr. I have already signed a. non secured Deferred Street Inaprwement Agreement back in 1990 and this seems to make more sense to me, if the City ever does want to put in street improvements. I will be glad to participate in that agreement. So the issue seems to revolve around secured or non secured agreement. sense the passing of 2I8 and the questions surrounding the current lighting district tax. it seems to me that the possrbility of improvements on Capri are not likely to take a high priority from your department. That being the case I would like to suggest that in streets that do not have improvement, and are not likely to have them in the near future, drat a noaa secured Referred Street Itttprovement Agzeemerxt seers to be the best tool for achieving both. City's and the home owners needs. In closing I would like you to i~oaagiuae Capri drive this quaint little county drive, and right in the middle you see 15 feet of sidewalks curbs and gutters. Please help me avoid this. thank you for you help ~` John Townsend: 66 Cherry Ln Campbell Ca. 95008 (408} 866-6299 cc.Harold Housley, P.E. [Z00] From: MicheleQ 7/22/96 4:59PM (558 bytes: 9 ln) To: HaroldH Subject: Deferred Street Improvement Agmnt ------------------------------- Message Contents ------------------------------- Harold...please prepare a defered street improvement agreement and determine_ _~oun security that must be posted for S 96-09~"~3 6~ 0 Capri Dr~ve:~ I'd like you to send out the propose mend-for the applicant's signature as soon after Tuesday's Planning Commission meeting (I'd like to review first). Thanks..MQ [172] From: MicheleQ 1/15/97 1:03PM (933 bytes: 13 ln) To: HaroldH Subject: Capri deferred street improvement agreement ------------------------------- Message Contents ------------------------------- Harold...FYI, I spoke with Mr. Townsend yesterday regarding the deferred street improvement agreement for his development on Capri. He has faxed us a letter requesting that we not require a security for the deferred agreement. I told him that I agreed with your idea about taking the agreement to Council specifically requesting an exception to the STANP to not require the security. He was in favor of that, of course. Can you prepare an unsecured agreement form for him to sign and return to us. When we get the signed agreement back, we can then put it on the Council agenda for execution and see what happens. Sound OK? MQ .oF~~gMA ~ ~ h _ _ t{' ~ r :: `~, r ,..x~ Z, .. .~ r ~'~ )R~ HA0.0 CITY of CAMPBELL Public Works t)epartment September 9, 1996 Mr. John Townsend Easy Care Facilities LP 66 Cherry Lane Campbell, CA 95008 Re: 1460 Capri Drive File No. S96-09 Dear Mr. Townsend: In accordance with the San Tomas Area Neighborhood Plan and Condition of Approval No. 5 for the above-referenced site plan, the applicant/owner shall, prior to issuance of any building permits for the site, sign the City's standard Secured Deferred Street Improvement Agreement and provide security acceptable to the City Engineer. Enclosed is the Agreement for your review and notarized signature. The Agreement provides that the applicant or successor in interest will construct the City's standard street improvements for the subject property when notified by the City Engineer pursuant to the Agreement. The scope of improvements are generally shown in the San Tomas Area Neighborhood Plan for your street, which is classified as a MINOR COLLECTOR, and includes the improvements as shown on the attached Exhibits A and B. The amount of the required security for the construction of the street improvements is $3,000. Please review the Agreement and contact the undersigned at (408)866-2158 if you have any questions. It is important that these matters be taken care of so that construction of the house is not delayed. Sinc~ ly, j `J I. Harold Housley, P.E. Land Development Engineer Attachment cc: File: 1460 Capri Drive Frank Cauthorn, Building Official h: \ 1460capri . lu(mp) 70 North First Street Campbell, California 95008.1423 ~ ret_ 408.866.2150 ~ Fnx 408.379.2572 r~o 408.866.2790 ~.~,°~~ ~~r Fix -~0~-37~-as:3>~ EXN 1131 T A SAN TOMAS STREET DESIGN STANDARDS MINOR COLLECTOR STREET TREES VITH QJ-STREET PARKING ~- ~~ ;~~ ~ ~~ ~~ i-- VALKVAY ~ ~~' 5' STREET ViDTH l8' -- FIALF STREET RIGHT Ci VAY 2@' HALF STREET STREET LIGHTING IF CONSTRAINED RIGHT-OF-VAY NO GN-STREET PARKING ~ t~ ~ ~ ~~ ~~,~~ , s ~~ ~~ ~~ CURB b GUTTER rt ^ •.5' STREET ViDTH 4~ il' ~ UTIUT HALF STREET RIGHT ~ VAY 20' ~ HALF STREET Pol~c~es~ Trnffic Volume < 2500 to 4000/day Maximum Length :3000 feet Prohibited Connections : Expressway and higher M~n~r~ur~ Requ~rer~ents for New Construction Vehicle Lanes : 2 X 11' Paved Curb & Gutter Yes Separnte Turn Lanes No Stree t Lights : Yes ~~ Bike Lanes or Area- : share 11' Veh. Lanes Public Landscaping Yes Medtan No Storrs Drains Yes Gn Pavement Parking Yes-Gnly with min. 18' Park Strip No half street Ut;lity Easements : N/R Pedestrian Factltty Yes ~ on streets with existing improvements, match predominant dimensions - must meet minimum dimensions ns shown above. ~~ lighting standards: Commercial/Business = 0.6 ft/candles, 1:5 avg/min residential = 0.4 Ft/candles, 1~5 avg/min CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT ENGINEER'S ESTIh'IATE ~// 7 / ~ Ad~ess ~~.. / ~ ~ -.~- ° y Ercraachmem Permit No. ERH161T B / ::% ~ •~~, Due i .^ ~,:%: Appliwtioo No. ITEM I NO. DESCRIPTION I ~ UNrt' PRICES FOR PROJECT AMOUNT UANTTTIES < S30 K ~ 370 K m 5130 K > 3150 K f AMOUNT ~ 1. ~[JRFACE CONSTRUCTION I i, OBILIZATION / / V ~ /I / 77 (/!/ ~ 4 f r~ .. I ONSTRUCTION TRAFFIC ONTROLCONTROL/PHASING ~ LS /a/5 ; / ~`~ ~" v ~ONSTRUCiION STAKING ~ I ~ ~ ~ ~ '~ ACC, ~ ,..~ ~. ~ ~ r ~NSTRUCI70N TESTING ~, / LS I ~~~ III. EMOLi'fION/CLEARIIYG 1. ~LEARING & GRUBBING '' ; ~ I I 2. i AWCUTP.C.C./A.C.NPT06') LF! 5430 53.OD 52.00 I I 3. P.C.C. REMOVAL S}' 510.001 523.00 5(0.001 II_ 4. ~URB AND GUTTER REMOVAL ~ L F i 36.00 t3 00 52 00 i S. ~tEDIANREMOVAL I SFI f4.30~ I 52.23) f1.23 ~ 6. DEMOLISH EXISTING INLET/PLUG RCP'S ' i EA llI. STORM DRATNAGE I L ~2' R.C.P. (CLASS V) LF f60.00~ f/0.00 520.00 i i I 2. ~S• R.C.P. (CLASS Iln I LF ~ 565.00 511.00 531.001 3. -a• R.c.P. (CLASS nn L F s'~o.o0 560.00 Su.ao I 4. `~4' R.C.P. (CLASS Iln LF i 80.001 561.00 539.00 i s. ~O• R.c.P. (CLASS nn LF I s9o.oo ~ m.ao s6s.oo I 6. .V. INSPECTION(12') ~ LF, 51.20 30.73 50.60 7. . DRAINAGE INLET EA 51 600.00 SI,300.00 51000.00 kC.C. DETAIL 9) ~ i I i 1. FLAT GRATE INLET EA 51.100.00 51,100.00 5900.00 it ~C.C. DETAIL 6) 9. ~7'ANDARD MANHOLE EA 52,000.00 51,600.00 ~ 51,30D.00 C.S.J. DETAIL D•It) kINCLUDES FRAME do LID) I 10. REAK AND ENTER M.H./D.I. EA 3700.00 SSS0.00 (130,00 ~N. CRETE AiPROYEMEN7S i 1. IDEWALK SFI 36.50 31.501 52.75 I 2. RIVEWAY APPROACH I I ~ 7~ J SFI S730i i S330 i 53.75 i 1 ~D~' 27-Jun-96 Page 1 of 4 ITEM i I I j UNIT PRICES FOR PROTECT AMOUNT i NO• DESCRIPTION ~ QUANTITIES < S30 K ~ S30 K to (150 K > f 130 K ~ S AMOUNT ). ,CURB AND GUTTER I . , V ~ LF f22 00 i f18.00i fIS.001 ~ ~ /' i i ~ 4. WALLEY GUTTER ~ ! SFi ~ 512.301 ~ 510.001 u,ssj I 3. I ~IANDICAPRAMP I ~ I EA; ~ i 51.200.OOi ! SBpp,Op ~~I I I 6. RYPE B-1 CURB 1 ~ LF I I S12.OOi (930 i f7301 j I I I 7. ~['YPEAI-B3 CURB I ~ LFi SIS.ODI S12.OO (10.001 I I ~ 8. I I OBBLESTONE MEDIAN SURFACE j I SFi 512.00 58.001 i (3,001 9. C P.C.C. DRIVEWAY CONFORM 1 I I SFI f7.00 fS,30 f4,30i 10. j I A.C. DRIVEWAY CONFORM ! ~ I SFi (4.501 f).TS 53.001 I I !V. I ~AYEMENT I ~ ~ 1. I ASPHALT DIGOUT AND REPLACE ' CP' i SS-00 (330 1 5230! I I 2. PAVEMENT WEDGE CUT (6') 1 LF i 53.00! 1 I (2301 i 5130! i 3. PAVEMENT GRINDING i I i j SFI f0.80i fO30 (0331 I I 4. ~AVEMENT FABRIC (PETRO-MAT) i SY I SZ.OO SLQS~ f1301 ' 3. (ASPHALT CONCRETE CfYPE A) .~ ~ ' ~ ! i L'`~, 1 T I ! S80.OO i (30.00 (35.00 I ~, ~ ~ I + i i e ,,.~ i i ~ `T I 6. i AGGREGATE BASE (CLASS 2) ~ ~ ~ ~ ~~ ~ T f10.00 ~ SI0.001 SI2.00; ri ~ ~t~; i I ~ ~ I 7. SLURRY SEAL (TYPE Ip SF f0.07~ fQ06 50.051 I 8. SLURRY SEAL (TYPE llq SFI f0.11 I (0.091 (0,071 I I VI. TRAFFIC SIGNALSlL1GHTS i I 1. LL pETECTOR LOOP (6' ROUND) ~ I ~ I EA I 5450,Op! (300.00 1 SZ5000 2. DETECTOR LOOP (6'x30') i 1 i i ! i I EA ~ S6S0.00! 5510.00 (140.00' ~ 3. pETECTOR LOOP (6'x50') i I i EA f900.00 (750.00 (610.00 I ~ I i d. ~ ELECTROLIER EA i 52,69D.OOi (2,200.00 (1,8(10.00 i 3. ~ l!2' RIGID CONDUIT I LF' 1 59.00 57.00 (3.00 6. Z' RIGID CONDUIT LF I (17.001 513.00 SI0.00 ! I 7. (CONDUCTOR i b. PULL BOX (NO. 3 I2) 9. PULL BOX (N0.5) I ' ViL p7K1PING AND SIGNS I. REMOVE PVMT. MARKINGS (PAINT) I 1 2. REMOVE PVMT. MARKINGS fTHEAMO) 3. REMOVE PVMT STRIPING I 4. STRIPING DETAIL 9 I I 1 3. STRIPING DETAIL 29 I 6. STRIPING DETAIL 32 I 7. STRIPING DETAIL 37 CTHERMO) I ~ t. STRIPING DETAIL 36 CI'HERMO) ~ i 9. '~TRIPING DETAIL 39 j 10. STRIPING DETAIL 40 i ! I I. LIMB LINE i i 12. CROSSWALK 13. RAVEMENT MARKINGS (PAINT) _ I :.---- - - - i 14. PAVEMENT MARKINGS CTFiERMO) --- 1 15. ,PAVEMENT MARKER (NON•REFL.) 16. PAVEMENT MARKER (REFLECTNE) 17. TYPE K MARKER i It. 'TYPE N MARKER l9. ~ALVAGE ROAD SIGN i m. ~tELOCATE ROAD SIGN I ~ 21. INST. RD. SIGN ON EXIST. POLE f~ ZZ. ROAD SIGN WITH POST 27-Jun-96 UNIT PR. 7ES ! < 530 K LF 50.70 I EA ~ (300.001 i EA 5400.001 I SF 52.501 SF I 53.00 LF 51.40 LF I 51.351 LF i 52.251 LF ~ 52.40 LF i S1.t51 i LF i 52.50 LF 51.50 LF 52.201 i i LF~ 51.33 LF 51.35 i SF~ fI.50j SF SS.SO I EA j 54.501 I EA I 56.001 EA i 595.00 EA 593.00! EA f3S.001 EA 5100.00 EA 5200.00 EA 5300.00 JECT AMOUNT 5350.00 SO.tS 51.65 s1.7s SI.70 51.05 f1.OS u. m.w ftS.00 f14S.00 5210.00 Page 3 of 4 5300.00' fL001 51.40 50.40 ~.~ 51.201 51.231 (1.001 SLISI (0.45 St.001 570.00 REM ~ ~ I NO I UNR' P RICES FOR PROTE CT AMOUNT . DESCRIPTION OVANi'ITIES ~ < 530 K X570 K TO 5130 K b 5130 K VIII ~AI'1DSCAPIIVG S AMOUNT I 1. ~RRIGATiON, PLANTING WORK ~ i LS ~ ~ ~ 2. RUNE TREE ROOTS I I i i EA I 5123.OO SIOD.00 ~,O pl I ~ 3. TREE REMOVAL ~ ~ s6so 00 i ~ ~ I 1 ~~ f400.00 1 i 4. MOOT BARRIER p2') I ~ I ~ lF 120.00 f1Q00 ~,OD S. ROOT BARRIER (18') ~ i ~ ~ ~•~ sum l slaao ~ i 6. STREET TREE 24' BOX) EA 5430 00 rsxs o . . o szsa.ao 7. EETTREE (36' BOX) EA I S70D.00 fSf0.00 5400.00 8. P SOIL BACKFILL CY I IX. LSCF,II,AIVEOUS 1. PEDESTRIAN BARRIER I I LF ! S7S.00 (60.00 ~,~, 2. i AIN UNK FENCE (6') ~ LF; su.oo! suso ~ s9,~~ I I 7. ~tA1SE MLSC. BOX TO GRADE I~ I ~ 4, ISE MANHOLE TO GRADE I EA i 5700.00 f2~.00 SI73.OO i ~ ~ i ~ ~ ~ SS73.00 52D0.00~ 3. INSTAU. MONUMENT BOX ~ I ~ ~ ~ 5~0.00~ ~ ~~ ~~ I I 6. MEDIAN BACKFlLL 1 CY I f19.00 SI7.00 . Su30 PREPARED BY''-~~~/~~ , ~~ ~~ fl' f? [- ~~ ~T~ ~ ' i C;," REVIEWED BY: TOR SECURTIY ENFORCEMENT F EE j APPROVED BY: TOTAL ESTIMA TE FOR FAR7IFUI , /i PERFORMANCE SECURITY ~i..4 ~` 'See Section 66499.4 of the Map Aa H:ICECOSTEST. WK7(M PIREV6/7/96 OFFICE OF' COUNTY ASSESSOR• •SANTA C~ARA COl -~- C A P R I'z.~t ~~ ~.~ 14 8 ... p A R R V I E W T R Q -..~- _.._.. + ~. 23 ...._. ~ ~.~; w• ~, t00 # ~ ~ ; r ~ , •~ Q.23 AC. _ ,, ._ _ ~, ~ ~ l ~ y~. ~ ) ... y~°: is : ~_ ~..r ~~ ` ~ ~ t ~ i Op ~ I• s {~ ~ _7 't _ i l '.' .. ~ ,. ~ u ! . ~I~ j r ~ y '. I. ~ i ~r ~ ~ • ~ a ~.. ~ ' ` ~` shy a - ~ R . ~ • qtr ~' ~ ~ l ` `,~. F 9j ~r t .~.. f ~; 7 1 - t :l 'j 71 4 ~~v{;' r~ ~(.r4 7- J Y A ~~ s ' 11 I ~ ~s .f_.H .. l ~J ~_ r ~•~; it r ~ ' . r• s t '. •~ • _ i ~ ~ ~~ r , : :,;1 08/03/96 TUE 11:31 FAX 408 436 1813 Fidelity National Title Insurance Company 1733 North First Street SaR Jose, CA 957 72 {408} 453- 7 s30 SAX {408J 43fi-7873 Date: Please deliver to: ~-- ~ ~~ Reference: - G\F ~ ~~ ~---~~ Total pages including cover letter: ~ 1`rom: THE MARKETING RESEARCH DEPT: DEBORAH ATANODEMEN STELLA LORA X1001 ~., ~su, Js~. C~ ,:-~~ ~ic ry~z~rca,~ d t~ C'a~r~ru~ P P! 09/03/96 TLiE 11:32 FAX 408 436 1813 ~ 002 = M E T R O S C A N P R O P E R T Y P R O F I L E- Santa Clara County OWNERSHIP INFORMATION Parcel No :406 22 058 Ownez' :EASY CARE FACILITIES LP CoOwner . Site Address:CAPRI DR CAMPBELL 95008 Mail AddreBS:1458 CAPRI DR CAMPBELL CA 95008 Telephone . SALES AND LOAN INFORMATION Traneferred:06/13/90 Loan Amount Document # :10549339 Lender . Sale Price Loan Type Deed Type Interest Rate: ~ Owned Vesting Type ASSESSMENT AND TAX INFORMATION Land :$202,631 Exempt Type Structure Exempt Amount: Other Tax Rate Area:10027 Total :$202,631 95-96 Taxes :$2,487.98 ~ Improved: PROPERTY DESCRIPTION Map Grid:66 A5 Bldg Yd # : Census :Tract Block Zoning :R1-10 RES SINGLE FAMILY RESIDENCE Land Use:69 VACANT,URBAN Sub/P1at:PARRVIEW TRACT Legal :PARRVIEW TRACT PARCEL 2 RECORDER'S ;BOOK 608 PAGE 34 PROPERT~I CHARACTERISTICS BathrOOms: Stories Lot Acree :.25 Year Bui1t:1900 Bedrooms Fireplace Lot SgFt :10,890 Unite Dining Rm: Tennis Ct Lot Dimen.: OfficeSgFt: Family Rm: Pool :NO Bldg SgFt Lease SgFt: Util Rm Sauna GarageSgFt: Sprinkler Rec Rovm Dishwasher: Garage Sp.: Elevator TotalRma Air Cond. Addl SgFt Wa1lHeight: The Information Provided Is Deemed Reliable, But Is Not Guaranteed. 09/03/96 TUE 11:32 FAX 408 436 1813 leealswsr.«..+.is.. ~t,a~ tata.TY hal~~~v ' ~. ~~ ~><{rOti r~M" awaaaevt~waaaT. - r - ~Joke A. TovnNad V 14y0 C~Prl Driv. ~' ~ Csaryball, ca 9saoe J €~~t:v ~u1~R •49339 - bT REaucsr ~ ° GpANTE~ oFl. • . ( tr.~ .lli.(r• AEGORD~R` ~3~~PA6E~~2~j . - ttr.arawrstacoAOU~es~oY..~^-. AC~~~1~~~~~~~~ /~1~0 GRANT DEED (INDIVIDUAL TTa awad,dy~M ~anldhai d.c+.,a UVOOG~~11K oa PN~cEt,a lII.vQ 2 T/ItD unf Dc1Cl~In f: n/T- DoavtndnWf>ra„ahr,aana _, wrv.ti9fa Iv36`li-Z't 1 - t~aatpaad on 1at• raltr el o~0a10' cewwraa. a t 1 t:o,gMaa on IvA dua Naa ~aWa01 Mnd ~naancuatMMCM rpannnq N tlma 01 M4 ~~ ( 1 thaaOaVa~ata0 ama ( x~ CI4 W CtaYPSFI , - Ta,~.,ntrp, C06-~2-036 (D~LiD]dvf) ~~ GEONGE RONAlO COLLINGMAN, AS SUpVIVtNG JOINT TENANTS, fOR A YAlUAR6 COYOIOEAATYfN. 1 /Ne NEAEGY GRANT TO iEE EASY CARL FACILIYI68 LIMNED PAE'[NEEll1P, • California ital.csd lartnerahi! tha.aat rnMl/ InM~ t?/twNr d .61a1a W CYllan(a. 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'' j xjp-w a~,ti,i2 r s.n E.r + ~i~y f .~ .fK ~s ~- . ~E ~,~ fit' ~ ~ ~ 'rrr - ~° ~ ~ ` ~ .; `. .+ .. a ,: ,., x r - s ~- _ ~, ' , . , " rra r, ~ ~ rrr :r "' .qtr wr++r.' rrr~r-~„Ir aril MlA- ~ ~ ~~'~ ~' _ .. ~~~~ { { ~~ .a ~i.e, ! ~K ~.1 11'661 ~ £t >i~ ~ ~~ ~ `~'~ ~''+ ~ ~ ~ Y_~'=" ~. = M E T R O S C A N P R O P E R T Y P R O F I L E- Santa Clara County ******************************************************************************** * * * < < < OWNERSHIP INFORMATION > > > * * * Owner :EASY CARE FACILITIES LP Parcel No :406 22 058 * CoOwner Bldg Id No: * Site Address:CAPRI DR CAMPBELL 95008 * Mail Address:.34~.s,$ CRI DR C~BSLL CA 95008 * Owner Phone * Tenant Phone: * * * < < < SALES AND LOAN INFORMATION > > > * * * Transferred :06/13/90 Loan Amount * Document # :10549339 Lender * Sale Price Loan Type * Deed Type Interest Rate: * Owned vesting Type * * * < < < ASSESSMENT AND TAX INFORMATION > > > * * * Land :$202,631 Exempt Type * Structure Exempt Amount: * Other Tax Rate Area:10027 * Total :$202,631 95-96 Taxes :$2,487.98 * ~ Improved: * * * < < < PROPERTY DESCRIPTION > > > * * * Zoning :R1-10 RES SINGLE FAMILY RESIDENCE Map Grid:66 A5 * Land Use:69 VACANT,tIRBAN -- Census -- * Sub/P1at:PARRVIEW TRACT Tract * Legal :PARRVIEW TRACT PARCEL 2 RECORDER'S Block * :BOOK 608 PAGE 34 * * * < < < PROPERTY CHARACTERISTICS > > > * * * Total Rms: Bldg SF Units Year Built:1900 * Bedrooms Lot SF :10,890 Patio :NO EffYearB1t:1900 * Bathrooms: Lot Acres:.25 Porch :NO Garage Sp * Stories Lot Dimen: Elevator Garage SF * Dining Rm: Cnt1Ht/Ac: Lease SF GarageType: * Family Rm: Pool :NO Office SF: Bldg Cond :AVG * Rec Room Fireplace: Sprinkler: Bldg Class: * UtilityRm: Sauna 1st F1rSF: Bldg Shape: * Water Src: Dishwsher: 2nd F1rSF: Wa1lHeight: * Elect Svc: Tennis Ct: 3rd F1rSF: AdditionSF: 48/22/96 THU 14:24 FAX 408 436 1813 Fideli#y Na#ianal 7'i#le Insurance Company 1733 North Firsf Street San Jose, CA 95192 (408} 453-1630 FAX (408) 43.fi-9813 Date: Please deliver to: ~ ~ u ,. Reference: Total pages including cover letter: From: THE MARKETING RESEARCH DEPT: bEBOR.AH ATANODEMEN STELLA LORA r~ool 08/22/96 THLT 14:20 FAX 408 4J6 181 [~j002 M E T R O S C A N P R O P E R T Y P R O F I L E Santa Clara County OWNERSHIP INFORMATION Parcel No 8 Ownex' EASY CARE FACILITIES LP CoOwner __- Site Address:CAPRI DR CAMPBELL 95008 Mail Address:1458 CAPRI DR CAMPBELL CA 95009 Telephone SALES AND LOAN INFORMATION Transferred:06/13/90 Loan Amount Document # :10549339 Lender Sale Price Loan Type Deed Type Interest Rate: ~ Owned Vesting Type ASSESSMENT AND TAX INFORMATION Land :$202,631 Exempt Type Structure Exempt Amount: Other Tax Rate Area:10027 Total :$202,631 95-96 Taxes :$2,487.98 Improved: PROPERTY DESCRIPTION Map Grid:66 A5 Bldg Id # Census :Tract Block Zoning :R1-10 RES SINGLE FAMILY RESIDENCE Land UQe:69 VACANT,URBAN Sub/Plat:PARRVIEW TRACT Legal ;PARRVIEW TRACT PARCEL 2 RECORDER'S :BOOK 608 PAGE 34 PROPERTY CHARACTERISTICS Bathrooms: Stories Lot Acres :.25 Year Bu~,1t:1900 Bedrooms Fireplace Lot SgFt :10,890 Units Dining Rm: Tennis Ct Lot Dimen.: OfficeSgFt: Family Rm: Pool :NO Bldg SgFt Lease SgFt: Util, Rm Sauna GarageSgFt: Sprinkler Rec Room Dishwasher: Garage Sp.: Elevator TotalRme Air Cond. Addl SgFt Wallxeight: ~~-vas The Information Provided Is Deemed Reliable, But Is Not Guarantee /~64 ~~ 08!22/96 THU 14:2Q FA$ 4Q8 436 1813 so«..tetraoe,..n ~~~~, ~, rya*aom~ll-+e ~~ .ALD!- ta.rll..W.~.^...,, • ~ohn A. Iotmc^ad V 1~3i Gpri Driv^ Mrrf ~ b e^vlocAO I 4 Q 39 ~ ~ u f aT`'R `~f E4c-csr of ~parvr~E ~~,_ .- Oflr_ 1 SANTA' p.~ . `?R Lr.y. ' le.tr~ II[COADEI~~ r'7: NOT __~~ l380PasEi326 rrAe.ACar Mt0^^fw^ IIR oaL• ~- GRANT DEED iINDIVIDUAL) nl.^^^urly^d/rAONt(^Irwa~ ~N p/PRCEts rnnD s PAID J4 DVCI•MFN!- Oewnl^r^.rylnnrNrwlr>t ~GDlly _- Nv.~PER ~0.~4rI~-2'~ t t ConrMr^ rll t°r wlllr a p^rrtb aaw.rr, ar 1 , p^IrM^r ^n we..lw ~.. •^a. of a.n..es.nw.rr.nat r..wnrnr„t.Ir. rI rMr ~~ r 1 urnmy^nt.s«rrt x~cba cAwe~L~ • TM hnY If0. ~ Z~-036 IPO]etion p!) GEORiE RONALD COLLINGNIIt. AS SlplYIYIAS JDlAT TCNANTS. Faa • tanwui coMSloFaAnow, l /Ma ttFaasr oaANT To IAi iAS7 CASs IAC;LI'!'It9 LIIR'!1D tARTRRAl1Il. • Calitotrni.• Licit^d rat[nrr^hip tn. N^I rlrr^IM In tn^ Cway a ~AK7~- r AaA _ _ . •ON N C.Ubrr1Y, drorMrr »: letreel 2 of lercel !!^p Of I.aad^ of Go111eAhu. LLl~d D^c^rlber_ 22, 1959 is svvk .~ of rfOp° lop -;4_ Ssats Cl•ro itruetr Accord., ' ' ' ay4~~/~ ~ ALaM D COILIN / - a.,ra Dctober 31, 19e9 _-_---- ~.~~ -- ---- - --- lxwlwr.M AeYIawIMOIrArM1 _.,_• -- ----.. ~.- ------ ....__ . . rTAT[ Of CALNOMr1A On ^va . _ 12 ill. ~.. ... oq vl -~atvb^z - .. .rn IM TNI 19 ~.. MNn m^. Ille mide+74~.C. r N^t^ry -u0ue w Mr for Ind GoYlMT rno •MM. ^rI7rI1Ml/^^pM00 _. _ _ 660j~„Aon~ld ColllnAbaa _ _ ___ .~. ~~,~-_-._-- _ >~~iN la ^•^'10r b Iva On Ih° Aus d ~mwbmwf wtlosol 1° w IM poem --- -- °tWM MTr . 15.-- •°C.^ntwet°IIr UVUrurA.M r.u.3nOANdO°A tMt _..._ .~--. _ _ _ pr~yli/q ~" '"' °'"r "d °a'°"I OPF~CI CAL NauyPY04eurnrtawrCoWltyvMp ~ ~ wist, MAIL TAl(STATlMHNT A8 DIRECTED AbOYE ~~ X003 RESOLUTION N0.3034 BEING A RESOLUTION OF THE PLANNING COMNIISSION OF THE CITY OF CAMPBELL APPROVING A SITE AND ARCHITECTURAL APPROVAL TO ALLOW A NEW SINGLE-FAMII.Y RESIDENCE ON PROPERTY LOCATED AT 1460 CAPRI DRIVE IN AN R-1-10 (SINGLE FAMII,Y RESIDENTIAL ZONING DISTRICT. APPLICATION OF MR GARY KOHLSAAT, ON BEHALF OF MR JOHN TOWNSEND. FILE NO. S 96-09. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application S 96-09 1. The proposed project is consistent with the R-1-10 (single-family residential, 10,000 square foot minimum lot size) zoning district and development standards as required per the San Tomas Area Neighborhood Plan. 2. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. 3. The development of the property will resuh in a density of 3.4 dwelling units per gross acre and is consistent with the General Plan density of less than 3.5 dwelling units per gross acre for this area. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and the City's zoning ordmance. 2. The proposed project as conditioned will aid in the harmonious development of the immediate area. rr- ,~` Planning Commission Resolution No. 3034 S 96-09 - Mr. Gary Kohlsaat - 1460 Capri Drive Page 2 Further, the applicants are notified as part of this application that they are required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California which pertain to this application and are not herein specified. And, that this approval is granted subject to the following Conditions of Approval 1. Approved Project: Approval is granted for a Site and Architectural Review permit allowing a new single family residence to be located at 1460 Capri Drive. Project approval shall substantially comply with project plans prepared by Gary Kohlsaat dated May 29, 1996, except as modified by the Conditions of Approval herein. 2. Site and Architectural Approval Expiration: The Site and Architectural approval (S 96-09) or this project is valid for a period of one year from the Planning Commission approval All conditions of approval specified herein must be completed within one year from the date of approval or the permit shall be void. 3. Building Division Requirements: Applicant shall comply with all Building Code requirements and obtain necessary permits as determined by the Building Division. ~'~ 4~; ' Park Impact Fee: ~;,.-~'' A park in-lieu fee of $2,717 was paid with the subdivision of this property. A park impact fee of $10,990 is due upon development of a new single-family residence. With credit given for the previously paid in-lieu fee, the total due with this development is $8,273.00. %S. ,. ' Public Works Department Requirements: _ _ __ _ ___~ ---%'~ The applicant shall, prior to issuance of any~uildmg per~for the site, sign the City's rstandard:secured deferred improvement agreement and provide seciuity as approved-by%the City Engineer. The agreement .will gravitie that the applicant or successor in interest will construct City :standard street..- ~rovements for the subject property when notified by the City Engineer pursuant to said agreements. 6. Underground Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code. Submit plans for underground utilities to the Building Division for review and approval. ~ ~ Planning Commission Resolution No. 3034 S 96-09 - Mr. Gary Kohlsaat - 1460 Capri Drive Page 3 7. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code. 8. Property Maintenance: The property is to be maintained free of any combust~le trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 9. Parking and Driveways: All parking and driveway areas shall be developed in compliance with the standards in Chapter 21.50 ofthe Campbell Municipal Code. PASSED AND ADOPTED this 23rd day of July, 1996, by the following roll call vote: AYES: Commissioners: Aloe, Cnbbons, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None e uD~ n~D: Mel Lmdstrom, Chair ATTES' *------------------------: MetroScan/Santa Clara :---------------------------* Owner :EASY CARE FACILITIES LP Parcel :406 22 058 Site :CAPRI DR CAMPBELL 95008 Xfered :06/13/90 Mail :1458 CAPRI DR CAMPBELL CA 95008 Price Use :69 VACANT,URBAN MapGrid:66 A5 Zoning:Rl-10 RES SINGLE FAMILY RESIDENCE Owner Phone: Census:Tract Block Tenant Phone: Bedrm: Bth: TotRm: YB:1900 Gar: Poo1:N0 B1dgSF: Ac:.25 ~> ~. ~, r, ~. ~~,~.1~.,~0 ~~ ~:.~. The Information Provided Is Deemed Reliable, But Is Not Guaranteed. ~k?' ~~ ~ ~~. ~ "~~~~ ~ ~ ITEM NO. 1 STAFF REPORT -PLANNING COMNIISSION MEETING OF JULY 23, 1996 S 96-09 Public Hearing to consider the application of Mr. Gary Ko6lsaat, G. Kohlsaat on behalf of Mr. John Townsend for a Site and Architectural Review approval to allow the construction of a new single-family residence on property located at 1460 Capri Drive in an R-1-10 (Single Family Residential) Zoning District. STAFF RECONIlVIENDATION That the Planning Commission take the following action: Adopt a Resolution, incorporating the attached findings, approving the Site and Architectural application allowing the construction of a new single-family residence, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION: This item is categorically exempt under Section 15303 (a) Class 3 of CEQA; therefore, no environmental action is required. PROJECT DATA Gross Lot Area: .29 acres (12,696 sq. ft.) Net Lot Area: .25 acres (11,000 sq. ft.) Building Coverage: 28% (3,074 sq. ft.) Total Building Area: 3,034 sq. ft. Floor Area Ratio: .28 Landscape Coverage: 58 Paving Coverage: 14 Parking Required: 2 spaces (1 covered, 1 uncovered) Parking Provided: 4 spaces (2 covered, 2 uncovered) DISCUSSION Applicant's Proposal: The applicant is requesting a Site and Architectural approval to allow the construction of a new single-family residence on property located at 1460 Capri Drive. The proposed project site is on the east side of Capri Drive between Chapman Drive and West Parr Avenue and is located within the San Tomas Area Neighborhood. Proiect Backt;r`ound: On July 31, 1989, the subject property was created as a result of an approved tentative parcel map (PM 89-06) which resulted in a two (2) lot subdivision of property located at 1458 Capri Drive. A flag lot was created which is the proposed project site identified as 1460 Capri Drive. On June 22, 1993, the Planning Commission approved a Site and Architectural Review permit to allow the construction of asingle-family residence on the proposed project Staff Report--Planning Commission Meeting of July 23, 1996 S 96-09--1460 Capri Drive Page 2 site; however, the property was never developed and the approval expired one year after the approval date. On June 14, 1996, the applicant re-submitted an application for a Site and Architectural Review permit to construct a new single-family residence. The new site plan incorporates the development standards required by the San Tomas Area Neighborhood Plan. ANALYSIS General Plan Consistency: The General Plan land use designation for the project site is Low Density Residential (less than 3.5 units per gross acre). The density of the proposed single-family project is 3.4 dwelling units per gross acre and is consistent with the General Plan. Zoning ConsistencX The zoning designation for the project site is R-1-10 (Single-Family Residential, 10,000 square foot minimum lot size). The proposed single-family residence is consistent with the development standards for the R-1-10 zoning district and the San Tomas Neighborhood Plan. Use: The proposed single-family residence is compatible with the surrounding neighborhood. The project site is surrounded by single-family residences to the north, south, east and west. Unit Desi~ The proposal consists of a one-story single-family residence with 3,034 square feet of living area and a 525 square foot attached two-car garage. The proposal is consistent with the design guidelines of the San Tomas Area Neighborhood Plan (STAMP). The elevations indicate a stucco exterior incorporating aluminum framed windows with stuccoed wood trim and mullion details, an asphalt shingle roof, and gabled roof lines with roof plane articulation. Site Desigrr-: The proposed project is consistent with the R-1-10 development standards as required per the STAMP. There is a 1 S-foot wide access with a 10-foot wide driveway providing access to the rear lot from Capri Drive, which is consistent with the requirements for a rear (flag) lot as specified under Section 20.16.030(3) of the City's Subdivision Ordinance. The proposed residence meets the required 25-foot front yard and rear yard setbacks and the sideyard setbacks of 8 feet on one side and 10 feet on the opposite side. The proposed residence has an 8 foot setback on the south side and a 12.5 foot setback on the north side of the property. The parking requirement has been satisfied with the proposal for two (2) covered parking spaces and two (2) additional Staff Report--Planning Commission Meeting of July 23, 1996 S 96-09--1460 Capri Drive Page 3 uncovered parking space. SITE AND ARCHITECTURAL REVIEW The Site and Architectural Review Committee reviewed the proposed project on July 11, 1996 and was supportive of the project as presented. Attachments: 1. Findings 2. Conditions 3. Exhibits 4. Location Map Submitted by: ~~~.~ Aki Honda, Planner I Approved by: Darryl Jon r anner .Attachment No. 1 FINDINGS FOR APPROVAL OF FILE NO. S 96-09 SITE ADDRESS: 1460 Capri Drive APPLICANT: Gary Kohlsaat P.C. MEETING: July 23, 1996 Findin sg; for Approval of a Site and Architectural Review permit to allow the construction of a new sin eel~v residence The Planning Commission finds as follows with regard to File No. S 96-09: The proposed project is consistent with the R-1-10 (single-family residential, 10,000 square foot minimum lot size) zoning district and development standards as required per the San Tomas Area Neighborhood Plan. 2. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. 3 . The development of the property will result in a density of 3.4 dwelling units per gross acre and is consistent with the General Plan density of less than 3.5 dwelling units per gross acre for this area. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and the City's zoning ordinance. 2. The proposed project as conditioned will aid in the harmonious development of the immediate area. Attachment No. 2 CONDITIONS OF APPROVAL FOR FII.E NO. S 96-09 SITE ADDRESS: 1460 Capri Drive APPLICANT: Gary Kohlsaat P.C. MEETING: July 23, 1996 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the State of California. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. Approved Pr~ect: Approval is granted for a Site and Architectural Review permit allowing a new single family residence to be located at 1460 Capri Drive. Project approval shall substantially comply with project plans prepared by Gary Kohlsaat dated May 29, 1996, except as modified by the Conditions of Approval herein. 2. Site and Architectural Approval Expiration: The Site and Architectural approval (S 96-09) or this project is valid for a period of one year from the Planning Commission approval. All conditions of approval specified herein must be completed within one year from the date of approval or the permit shall be void. 3. Building Division Requirements: Applicant shall comply with all Building Code requirements and obtain necessary permits as determined by the Building Division. 4. Park Impact Fee: A park in-lieu fee of $2,717 was paid with the subdivision of this property. A park impact fee of $10,990 is due upon development of a new single-family residence. With credit given for the previously paid in-lieu fee, the total due with this development is $8,273.00. 5. Public Works Department Rgquirements: The applicant shall, prior to issuance of ar-y building permits for the site, sign the City's standard secured deferred improvemert agrcement and provide security as approved by the City Engineer. The agreemem will provide that the applicant or successor in interest will construct City standard street improvements for the subject property when notified by the City Engineer pursuant to said agreements. 6. Underg~r~ound Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of Conditions of Approval--Planning Commission Meeting of July 23, 1996 S 96-09-1460 Capri Drive Page 2 the Campbell Municipal Code. Submit plans for underground utilities to the Building Division for review and approval. 7. Fences: Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code. 8. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boazded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 9. Parking and Driveways: All parking and driveway azeas shall be developed in compliance with the standards in Chapter 21.50 of the Campbell Municipal Code. t .r..i "~ _- ~C~ ~r3`lvYA-YJ l1N~~ilr p-1 ~ ~swwwit.~w iQ 1!!! A7a'~Vt 'S70M! Y ~ L # S~~iOH ?AI21Q Ridd'J ~ i~l,t ~.. r Y --- ~ a~~Ts ~ - _~,` _ ~ ~ i L ~ ~, i I \ + '--~ ~ ,~ i 'rs. `\ ' ~ ~ ~~ ~. t ~~ #~~ ;- / #. ,~ ~~ . /~ / ~r •MMY J ~('1 ~~ ~ ~~~~~ ~ ~ ~ ~ +~ ~ '~ I ~•~ s ~~f~i~ ~~ «~ ' ~ ~ _~~ ! I ~~ ~~~~~~~~ ~ ii s I ~ ~+ s ~ ~~ (. 1. _ ` j s _'~~ ~~ ~~b ~ ~~~ ~ ~~ ~~ . i <~~ ~ r t ~ 1 V =I~ ~~ E k I ~ ~\ ~ ~~1 _ I i ~~ ~ ~ _ ~ ~. 1~ ~ - ~ . ~~~ ` ~ _ ~ .. Ij: ~7 ~ / V t _ i ~AIt• ItJ~J f t~, qtr ~~~J S Yi t •i .. ~ _ . ... _ ~-~r ~.° ~ ~OOb VJ`!aidRY.~ a(11rQY/Y~.~1 I ~ w.~w~y.~w 'aNlQ[!i~ JCIIfI~/i i'Tpii~ V • ~ ~ L # SOH ~AI2IQ P3ddJ j I ~ I ~~ ~~ ~~~_ ~ ~~~~~~~ . f~ ; ~~. ~`~ I ~il___~ ~~~~~ t Al .~~ ~. ~. •~ ~ ~ 1 ~'~•X M'~ _ 1 ~ _ '~ Z ~~--- ~ f « r~ ~~~ I _~ 1 . ~ ~ ,~ ~ •~ . . . ~~1. i .; . ,. _. ~_.i . _- ~ , .~ ,. r.. _ . t ~- _ _ ~ -- -. --._...Y -----~---.-= - =-r-.--- _ - -- =- -:~ -_ - ,~ ~- _- - -~ --- .-~-3:-- t i _ _ ao+sae~~ w~aorv.~ a~oNn v ~s ~ ~~ ~~ t i ZC r~ '~ ~i ~~ ~~ i jJSr F • i ~~ V3TOid11/J ~A7Q1~YJ WYl ~ ~n~ew.-i~w ~sa~ x~awvs ~toxn v •i ~~ ; i t E t s 0 s i ~~ Of CA.tf ~~ A ~ ~ r U r 0 0 y ~ A L~ ~QCHAR~ MEMORANDUM CrrY OF CAMPBELL PUBLIC WORKS DEPARTMENT TO: Aki Honda, Project Planner, Project Planner DATE: 7/8/96 FROM: Michelle Quinney, City Engineer Harold Housley, Land Development Enginee~~ SUBJECT: Development Review Committee -Formal Conditions of Approval APPLICATION NO: ADDRESS: APPLICANT: 596-09 1460 Capri Drive Gary Kohlsaat PROJECT DESCRIPTION: Construct Single Family Home DISCUSSION: Capri Drive is classified as a minor collector in the STANP. Therefore, a secured Deferred Street Improvement Agreement is required as described on page 24, Section 463. Our research indicates that the storm drain area fee was paid in October of 1989 when Parcel 2 was created by PM 608/25. The right-of--way is shown as 30' according to the same map. In addition, for your information, the front yard setback line is 25' according to Tract No. 148 and said parcel map. The Conditions of Approval are as follows: The Applicant shall, prior to issuance of any building permits for the site, sign the City's standard secured deferred improvement agreement and provide security as approved by the City Engineer. The agreement will provide that the applicant or successor in interest will construct City standard street improvements for the subject property when notified by the City Engineer pursuant to said agreements. H:\ 1460CAP2. COA(JD)(WP) oF' SAM ~~ A~~ ~ r U ~• 0 c 9~ G, ~4CHAR~~ MEMORANDUM CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT TO: Aki Honda, Project Planner DATE: 7/1/96 FROM: Michelle Quinney, City Engineer Harold Housley, Land Development Engineer ~' RE: APPLICATION NO: S96-09 ADDRESS: 1460 Capri Drive APPLICANT: Gary Kohlsaat PROJECT DESCRIPTION: Construct Single Family House COMPLETENESS: We have received the subject application which is a formal application for site plan approval. Since the Building Division is now processing grading plans for single family houses, our review is primarily for off-site issues in the public right-of--way. Capri Drive, at the site, is classified as a Minor Collector. The site has only 15 feet of frontage. This application appears sufficiently complete to prepare formal Conditions of Approval for the July 8th DRC Agenda. A secured agreement for deferred street improvements will be required pursuant to STANP. H: \ 1460CAP. COA(JD)(WP) -1- ^t~a ~~~~~~ at C~~~ ~ PUBLIC WORKS DEPARTMENT PRELIMINARY PROJECT EVALUATION FOR CONDITIONS OF APPROVAL APPLICATION NO: `~~ ~~s----~ ~`~ ADDRESS: l ~- c'.r-. ~'-- ~ ~ t-a t ~ i BY: C'-~ ~'=a~ ~ h-~~ ~- DATE: ~--- --~ ~~`~. -- Gt ~_, PRELIMINARY PROJECT EVALUATION /~ Streets and Related Improvements• A. Curbs and Gutters ~~ `-•l ~= ~ v ~ B. Sidewalks " ~ ` `'-~_<r~ t=~-~;1~~-~t~_ ~ - ~•~ C. Driveway i C~--~ ~ ~' ~=- - ~-- `~ D. E. F. ~---~ ~. Pavement ~ c~:_~ ~-~=~ -~~"~._~==~i==_~____~ ~,__ Jam` Asphalt Concrete Overlay Seal Coat G. Street Lights ~"~ ~=~ z~_ ~-~-~_ ~~ ~ ~, ~ ~ ~ ~-_ ~---~--, ~~"-~~ ~.___ ~~ ~. ~'~ ~. \ C< ~-~ l ~-~-~ ma==r ` ~ ~' 1'~`~ -P czar C3 CZ-~C' fi't' ~' c~ 'r~~~z. c~ rte- ~ i~ (~i ~3-c~ ~ ,. -Z-Z,~ ~`~ Traf~ic Contro~~inprovements• ~'~ ~`--~ Streetscape Improvements: '~" Landscape Improvements: ~=~~ ~ ~ ~ - ~==~` Z! `t - ~~ ~c..~~ _ PRELIMINARY PROJECT EVALUATION ~-k~,-~ Screening of Utility Facilities: Parcel Mau• ~ -~~-~._ Final Mao: '~ Street Improvement Plans: ti(r~ Grading and Drainage Plans: ~--~ h Soils Report: ~ °~;~ Storm Drain Design: ~~ >T~i-'~ °Z ~ ~` ~~~ ~ a~ H d~gy and Hydraulic Calculations: ~~ ~~~~'a ~" San Tomas Area Neighborhood Plan: ~ ~ ~---~-~~2- ~~~~c.~z~tZ '~TZ~-~-'~- -~S Right-of-Way Dedications: ~=°X- ~`> T~'i~--.= ~ ~ _ ~ ~~~'~ ` '~-~-i ~.<-;~'~:`~-- Title Report: Ingress and Egress Easements: Access Rights• Underground Utilities: 2 PRELIMINARY PROJECT EVALUATION ~~ F Other Utility Services: ~.~~--- ~~ ~ =F 1~ is ~'~-f 'C-~. -~~~;"~~' Flood Control• ~~ Storm Drain Area Fee: C~'~t.~-~..~~,~''~ ~:~ ~ °-~ Park Impact Fees and Park Land Dedication: ~~__. Transportation Improvement Fees: ~ ~~ i.° ~, Security Reimbursements Owed to the Citv: Street Improvement Agreement: Encroachment Permit: Additional Comments: ~ t --:~ 1~%'~' ~ 't_ L ~->~°~"' ti ~_ ^ t- ~ ~~ ..r ~ ____ _ .. tel: ~~ y'~~-~-~F `~.' `~- /`'~ ._~-~~-~ ~C.".. 'fit ~:~ ~- ~='~.~L _ ~ ~~- -~ r __ ~~ ~ ~,C~` mot,, ~ - ~~ t:-~-~-.~_~C'y~.-l ~=--tom,. h:prelim.prj (mw)6.0 1/96 3 TO: City Clerk Please collect ~ receipt for the following monies: 35-3396 Project Revenues PUBLIC N~^RKS FILE NO. P1~1~~ ~M g9- Pubbc Works Excavation rerm/t tees: R-1: Other. 3372 Application Fee ($ 35) ($ 50) 3521 Plan Check Deposit _ _ ($500) 3521 Faithful Pertormance (Cash) Deposit (100% of) 3521 Other Cash Deposit (specify) (ENGR. EST) ($200) (4% of FPB) ($500 min.) 3372 Plan Check & Inspection Fee (7% of FPB) 3373 Project Plans & Specifications ($10) ($ 35 min.) 3373 General Conditions, Standard Provisions & Details ($10 or $1/page) 3373 "No Parking" signs ($1 /ea. or $25/ 100) 3373 Work Area Traffic Control Handbook ($5) 3373 Traffic Flow Map ($10) 3380 Traffic Data Services ($40/hr. + material costs) to 3520 Fire Hydrant Maintenance ($195/ea.) 3372 Tentative Parcel map Filing Fee ($3501 3372 Tentative Tract Map Filina Fee ($4orn 3372 Lot Line Adjustment Fee/Certificate of Compliance ($350) 3372 Vacation of Public Streets and Easements ($500) 3372 Assessment Segregation or Reapportionment First Split ($500) Each Additional Lot ($150) 3372 Environmental Assessment: Categorical Exemption ($500 plus actual cost Negative Declaration above $500) Storm Drainage Area Fee per Acre (R-1, $1,875; Multi-Res., $2,060; all other, $2,250) q( /'~ '~ 5 ~ P ark Dedication In-lieu Fee per Unit ($1,132) Z ~o_ 3380 ~ Public Works Special Projects 3510 Postage TOTAL $ 3 ~~ ~o PERMITTEE ~~ ~ I~7f~iU / UGL~~SE.~.~ ~ ~ NAME OF APPLICANT /' , v PHONE.- ~~C~(~^ loZ / / ADDRESS ~~ - / -~~ie/ ~~P/vim ZIP !~_s~ rl FOR CITY CLERK ONLY RECEIVED BY DATE Q M SAN T~MAS STREET DESIGN STANDARDS MINER COLLECTOR STREET TREES VITH OW-STREET PARKING ~- ~ \. C ~~~ /~~.f~ l.. 5' VALKVAT STREET V1DTH 18' HALF STREET STREET LIGHTING iF CONSTRAINED R[GHT-[B:-VAY -~ NO ON-STREET PARKING C V "'rV V CURB R GUTTER ~ ~ ^. STREET VIDTH - 11' =- HALF STREET R[GHT OF VAY 28' - HAIF STREET R[GHT (]F VAY ^ - 20' HALF STREET 4~- UTILITIE Pol~c~es Traffic Volume < 2500 to 4000/day Maximum Length :3000 feet Prohibited Connections : Expressway and higher Min~rhur~ Requ~rea~ents for New Construction Vehicle Lanes : 2 X 11' Paved Curb & Gutter Yes Separate Turn Lanes No Street Lights : Yes ~~ Bike Lanes or Area :share 11' Veh. Lanes Public Landscaping : Yes Median No Storrs Drains ~ Yes ^n Pavement Parking Yes-only with rain. 18'' Park Strip No half street Utility Easerlents N/R Pedestrian Facility Yes ~ on streets with existing improvements, match predominant dimensions - roust meet minimum dimensions as shown above. ~~ lighting standards: Commercial/Business = 0.6 ft/candles, 1:5 avg/rain 9/93 residential = 0.4 ft/candles, 1:5 avg/r,in STARSTD.DVG Q z 0 z Q U. z c F Q c; U. U. Q ~: E- W W E-~ O E-+ z S Z 3 6 U N L 6 t' Q1 'a tl U 6 U a i' m a A ~ ' , 1 W ~ ~ ' W j ~ ~' ~ i 1 DEVELOPMENT REVIEW COMMENT SHEET Date Routed: June 24, 1996 ~ Distribution: June 24,1996 L~~!'%'~~~ r"~~J^ Com leten omments July 1,1996 Condition July 8,1996 Proposed P.C. Meeting: July 23,1996 ROUTE TO: ^ Architectural or Landscape Advisor ^ Fire Department ^ Police Department ^ Redev_e1n ment Agen ^ *, . j~ind Traffic Engineer) ^ Corporation Yard ^ Building Division R!Cl1Vl~ JUlV 24 ~~ i?~Jie WorlrilEn~inNri~ PROJECT DESCRIPTION Site and Architectural Review for the construction of a new single-family residence to be located on a rear lot located at 1460 Capri Drive in the San Tomas Area Neighborhood. The proposed residence will be asingle-story, 3,074 square foot structure. INFORMATION: File No.: S 96-09 APN: 406-22-058 Applicant: Gary Kohlsaat Zoning: R-1-10 General Plan: Low Density Residential (Less than 3.5 units per gross acre) Proposed Use: Construction of a new single family residence on a rear lot which accesses from Capri Drive. PROJECT PLANNER: Aki Honda DEPARTMENTAL RECOMMENDATION: If it can be determined that this project will require minimal or no comments by your department/agency, please return this comment sheet with your initials to the Project Planner as soon as possible. Status No Comment ., ,< . ,: :- Initial Additional information/revisions (see attached) ~ `. ~ ~ ~~ ~ .~ ~ ~ ~~ I ~~ ~~~ ~ ~ ~ ~~~ ~... ~\ ` } ~ ~~ ,,, ~ ~ ,; ~, ~ ., '~ ~-, ~ ` ,. '~ y ~. ~~A _ ~ ~ ~ .. ` ~. ~. ~ ~ ~ ~ r.~.. ~., \ ~ \ , , , ;~ ~ ~ , . \ ~\~ , ~, ..~ ~~ ~ .. ~ ~ ~ ~ ~ ~~~ `~~/ ~,o_ O