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743 Camden Avenue PD 89-14 l. 856 PAGE 1 t93 RESOLUTION NO. 8165 BEING A RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS ON CAMDEN AVENUE AND WINCHESTER BOULEVARD, PROJECT 85-2 WHEREAS, on February 20, 1990, the City Council of the city of Campbell adopted Resolution 7890 approving plans and specifications for construction of improvements on Camden Avenue and Winchester Boulevard; and WHEREAS, on February 20, 1990, the City Council adopted Resolution 7891 authorizing the execution of an agreement with WDT-Winchester, a California Limited Partnership, for the construction of the improvements; and WHEREAS, accordance the city and the improvements have been constructed in with the approved plans and specifications and Engineer has inspected and recommends acceptance; NOW, THEREFORE, BE IT RESOLVED by the City Council that the public improvements be, and the same are hereby accepted, and that the city Engineer is hereby ordered to record a Notice of Completion of said improvements. PASSED AND ADOPTED this following vote: 3rd of September , 1991, by the AYES: Councilmembers: Ashworth, Burr, Conant, Kotowski NOES: Councilmembers: None ABSENT: Councilmembers: Watson APPROVED: ., ~L~ -=:0' Mayor, Michael F. Kotowski ATT ST: I // Clty Clerk . Barbara 01sasky · \ THE FOAEGO!".!n 'Oo,'r::-'-rl ,..,-"-JT !S r\ TD1.JE AOIjD CORRE';T ceo ( THe ORIGINAl ON Flj F :\j -f~! C'rr-:CE A 'TTf: ST r '~:,A ~ S.\~KY, Clrv CLERK, CITY F ,;, d/~bh.L, CALI FORNIA, ~ _q.~ KLMslej -" )e~q"t~ tv\(,-\ C~~,-k_ r. {ED __~~~~\\ ~. "-J ,,) laS6 p~ GE , , 92 ." and having the following address: 720 Camden Avenue and 743 Camden Avenue, Campbell, CA 95008 Dated September 3 1991 , (~5Z- Cc:':\L~~ Donald C. Wimberly City Engineer STATE OF CALIFORNIA ss COUNTY OF SANTA CLARA I, Donald C. Wimberly, being duly sworn, says: That I am the City Engineer for said City of Campbell, the owner of the property described in the foregoing notice; that I have read the foregoing notice, and know the contents thereof; and the facts therein stated are true of my own knowledge. A~L~-e Donald C. Wimberly City Engineer Subscribed and sworn to before me this ~ day of (' Jladv"0-L """\:? /?/fif/lcti!. t./ f T)1. CLd-0 19...2L Notary Public in and for said County of Santa Clara, State of California , ~-"'11\ OFFICIAL SEAL i CHARLENE M. CASE \' > Nota. ry Pubtic-California SANTA CLARA COUNTY . >....,. My Comr'1 F'~p, Oct, 12. 1991 \ _____-~-.___~i',.,....~.;loi;.:-~'-~-=:,..A~;. .........::;.... 2 of 2 ~\J'" . \ :1 z I=' o r.') IJ.. O:J -.o<C _U Qo f)UJ >OJ ~ "j 4' '" r..: r< Vl .. 'U U ~f" ;:;:'; ~. - IJ..' gl 0 Li.. LU '- ,..:} ;':> 0 (' 0 ...... ,...- ~: ~ t-: .":.:; () !~; o 0'- 1..:.; . C': U When Recorded mail to: -------:ity of Campbell 70 North First Street Campbell, CA 95008 La56PAGE\ t91 Attn: Chuck Gomez r~':~<~.'fE{:.-r~~~ '-~.'.:~ I,.l.......-_._.,..__. ~ Pfr:; ; t-,' ; ...-.' .,~r~'_' '~"":'+'1 ril!%G :~~ '. RTCf J-r \~..-~ ~ ----Pi LIEN . (, .~ SMPF peOR vQ NOTICE OF COMPLETION I I I I I I I I I I I Above 11055289 Recorde4 at the request of Valley Title Company S E P 1 a 1991 8:00AM LAURIE KANE, Recorder Santa Clara County, Official Records Space for Recorder Wimberly, the undersigned, as City Engineer caused public NOTICE is hereby given that CITY OF CAMPBELL as OWNER, and Donald C. street improvements to be constructed upon the property described as Camden Avenue and Winchester Boulevard. That the work on said Camden Avenue and Winchester Boulevard improvements was actually accepted on the rhiro day of ~p-ptp-rnbp-r , 19 q, That the name of the agent or contractor said owner is WDT-Winchester (A California Limited partnership) for That the nature of title of said City to said c.amden Avenue and Winchester Boulevards that of owner in fee simple, and the names and addresses of all owners of said property are: NAME ADDRESS City of Campbell 70 North First Street Campbell, CA 95008 That the property herein referred to and on which said public street improvements are located is situated in the City of Campbell, County of Santa Clara, State of California and described as follows: Camden Avenue and Winchester Boulevard. 1 of 2 AGREEMENT BEnlEEN THE CITY OF CAMPBEll. AND VDT-VINCllESTER FOR THE CONSTRUCTION OF STREET IMPROVEMENTS. VINCHESTER. BLVD. AT CAMDEN AVE. f" - THIS AGREEMENT is made and entered into on the2t[-day Of~AV\ur.:c..~j, 1990 by and between the City of Campbell, a municipal corporation of the State of California, hereinafter referred to as "Campbell," and WDT-Winchester (a California Limited Partnership) hereinafter referred to as "Developer." R E C I TAL S: WHEREAS, Campbell plans to construct street improvements at the intersection of Camden Ave. and Winchester Blvd., including intersection signalization, installation of pavement, storm drainage facilities, median islands and landscaping within the public right-of-way (hereinafter referred to as "project"), during fiscal year 1989-90; and WHEREAS, immediate construction of the project is necessitated by the Developer's proposed adjacent development at 743 Camden Avenue; and WHEREAS, the project will benefit the public, the Developer and Campbell; NOW, THEREFORE, in consideration of the terms, conditions, covenants and provisions of this agreement, the parties hereto agree as follows: 1. Plans and Specifications: Developer will prepare plans and specifications for the construction of the project. Plans and specifications shall be submitted to Campbell for approval and issuance of a permit. Developer will also acquire permits from all other jurisdictions involved prior to commencing work. 2. Award of Contract and Construction: Developer will award and administer the construction contract pursuant to California law and City of Campbell ordinances as they apply to municipal public works projects. Developer shall diligently pursue completion of the project; and time shall be of the essence. 3. Cost Sharing of Pro;ect: The obligation of the parties under this agreement is as follows: A. Design: The estimated cost for preparing project plans, specifications, estimates and design engineering is $40,000.00. The Developer shall assume 100% of the actual design costs for the project. (1) 3. Cost Sharing of Project (cont.): B. Si~nalization of Camden Avenue and Winchester Blvd.: The estimated cost for signalization of Camden Ave. at Winchester Blvd. is $115,500.00. Campbell and Developer shall share the actual cost at fifty percent (50%) each. Developer's estimated share is $57,750.00. C. Modifications to Parking Lot: Modifications to the existing parking lot on the westerly side of Winchester as are necessary to accommodate the westerly leg of the signalized intersection. The estimated cost for parking lot modifications is $5,000.00. Campbell will assume 100% of the actual cost for the parking lot improvements. D. Landscaping: The estimated cost for median island landscaping included in the project is $46,350.00. Campbell will assume 100% of the actual cost for project median island landscaping. E. Pedestrian Access: The estimated cost for providing pedestrian access at the northerly end of the intersection is $3,000.00. Campbell will assume 100% of the actual cost for providing pedestrian access at the northerly end of the intersection of Camden and Winchester. F. Street Improvements: The estimated cost for street improvements is $123,850.00. The Developer will assume 100% of the actual cost for street improvements. G. Frontage Improvements at 743 Camden Avenue: frontage improvements required at 743 Camden The Developer will assume 100% of the actual improvements at 743 Camden Avenue. The estimated cost for Avenue is $34,000.00. cost for frontage H. Street and Frontage Improvements at 720 Camden Avenue: The estimated cost for frontage improvements required at 720 Camden Avenue, is $13,300.00. Campbell will provide 100% of the actual cost for required street and frontage improvements at 720 Camden Avenue. I. Inspection: The estimated cost for project inspection by Campbell is $25,000. The Developer shall assume 100% of any cost for inspection services for the project in excess of $25,000.00. J. Construction: The Developer shall provide, construct and/or contract for installation of all the improvements shown on Exhibit "A" the "Plan for Improvement of Camden Avenue at Winchester Blvd." prepared by Kier and Wright, Inc. Improvements shall be complete and in place within one-year from the date of execution of this agreement. Extensions to this one-year provision will be allowed by mutual consent for delays caused by acts of God. (2) 3. Cost Sharin~ of Pro;ect (cont. ): K. Crossin& Protection: The installation and construction of the railroad pre-emption devices shall be accomplished by City and Southern Pacific Railroad forces. The anticipated cost for crossing protection is $175,000.00. The City, with assistance from the Federal Grade Crossing Protection Fund, shall assume 100% of the actual costs for installing railroad crossing protection devices. L. Track Imorovernents: The improvement of the trackway shall be accomplished by City and Southern Pacific Railroad forces. The anticipated costs for track improvements is $36,000.00. The City shall assume 100% of the actual costs for track improvements. In addition, Campbell will pay up to a maximum of ten percent (10%) of the above described Campbell costs for construction contingencies related to the accomplishment of the project. All construction contingency expenses must be approved in writing by the City Engineer prior to incurring the expense. The Developer shall pay the balance of the actual cost of constructing the project. The estimates contained herein are solely for purposes of reference, and are not intended as a limitation on the actual costs. 4. Deoosit of Funds: Following approval of this agreement, Campbell will deposit the sum of $125,400.00 with Developer upon demand. 5. Determination of Cost of Project: Within sixty (60) days of completion and acceptance of the project, Developer will determine and notify Campbell of its share of the actual cost of the project based on the actual cost of work constructed. Campbell's total costs shall not exceed $138,000.00 6. Reconciliation of Cost to Deoosit: If Campbell's share of the actual cost of the project is less than the amount deposited, Developer shall refund the difference to Campbell within sixty (60) days of project acceptance. 7. Indemnification and Hold Harmless: Neither Campbell, nor any officer or employee thereof, shall be responsible for any damage or liability occuring by reason of anything done or omitted to be done by Developer under or in connection with any work, authority or jurisdiction delegated to Developer under this Agreement. Developer shall fully indemnify, defend and hold Campbell harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by Developer under this Agreement. This indemnity shall include all reasonable costs and attorney's fees incurred in the defense of any claim subject to this provision. (3) 7. Indemnification and Hold Harmless (cont.): Neither Developer, nor any officer or employee thereof, shall be responsible for any damage or liability occuring by reason of anything done or omitted to be done by Campbell under this Agreement. Campbell shall indemnify, defend and hold Developer harmless from any liability imposed for injury (as defined by Government Code 810.8) occuring by reason of anything done or omitted to be done by Campbell under this Agreement. This indemnity shall include all reasonable costs and attorney's fees incurred in the defense of any claim subject to this provision. 8. Insurance: Campbell shall require any contractor awarded a contract for any portion of the project to secure public liability and property damage insurance and to maintain such insurance in full force and effect until the project is accepted by Campbell. Insurance shall be in forms and limits of liability as Set forth in the project specifications, shall name Campbell and Developer and their respective officer and employees as insureds, and shall cover any claim, loss liability, cost or expense arising out of or in any way connected with the project. The aforementioned policy(ies) shall contain a prov~s~on that the insurance afforded thereby to Developer and Campbell and their respective officers and employees shall be primary insurance to the full limits of liability of the policy, and that if Developer or Campbell, or their respective officers and employees, have other insurance against a loss covered by such policy, such other insurance shall be excess insurance only. Executed by the parties on the date first stated above. City Attorney wnT :.. _ W '''''c~-e~{..ex\ A. Q(LI\~l(' '^ It... ~. ~ P~.--4i.~~ I., IJ B _ Mer- APPROVED AS TO FORM: ATTEST: CITY OF CAMPBELL, a municipal corporation of the State of California City Clerk By: John J. Ashworth, Mayor f: agree-wd (85-2) (4) NOTARY FOR PARTNERSHIP SIGNATURE STATE OF CALIFORNIA County of ~~PI~/2A I I SSe I On th i s '2/f day 0 f J 4-VV 4-/2- f ,1990 ,before me4.~~~~~. :::4N77f &..4-/24 , State of a Notary Public in and for the County of California, residing therein, duly commissioned and sworn, personally appeared /?,P,--pjo/VW/SOAJ, A.,K',4., ~Cff4-/U? t), ~,I?~v .. , / 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. q'~, ary Pu i~ln and for the C unty of ~~17? ~~ ,State of California "NOTARY SEAL II My commi ss i on expi res: / - z 1- 9 Z- CHECK REQUEST TO: FINANCE DIRECTOR CITY OF CAMPBELL Please issue check payable to: WDI'-Winchester (Cal. L. T.P.) Address: Line 1: 900 \\7elch Road, Suite 10 (30 spaces) (30 spaces) (30 spaces) State: CA Zip: 94303 (2) 00 spaces) Line 2 : Box l0098 City: Palo p.~to (20 spaces) Description: Cash Deposit $l25,400 730.8502.4883 (24 spaces) Exact Amount Payable: Account Number: PURPOSE: Cash deposit for street ilrproverrent work at lvinchester/Old Camden intersection in accordance with agreement adopted on FebruaIy 20, 1990 Council Resolution No. 7891. Requested by Bill Helr.1s ~ :\. 'Q' Ti tle : ~I~ D.C. \^J.imberly \I ~le: Engr. 11anager Date: 7/12/90 Date: '((V90 Approved by: P . 1-'J. Director SPECIAL INSTRUCTIONS FOR HANDLING CHECK: Mail as is Mail in attached envelope Return to: Public 'W::>rks (Department) Bill Helms (Name) Other: Rev 08/22/88 ORDINANCE NO. 1765 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CrTY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT, PLANS, ELEVATIONS, DEVELOPMENT SCHEDULE, AND CONDITIONS OF APPROVAL TO ALLOW CONSTRUCTION OF THREE INDUSTRIAL BUILDINGS ON PROPERTY KNOWN AS 743 CAMDEN AVENUE IN A PD (PLANNED DEVELOPMENTI INDUSTRIAL OR COMMERCIAL) ZONING DISTRICT. " APPLICATION OF HR. RICHARD DEWEY, PD 89-14. The City Council of the City of Campbell does ordain as follows: SECTION ONE: That the Zoning Map of the City of Campbell is hereby changed and amended on property known as 743 Camden Avenue by adopting the attached Exhibit A entitled Plans and Elevations; Exhibit B entitled Development Schedule; Exhibit C entitled Hap of Said Property; and Exhibit D entitled Conditions of Approval, as per the application of Hr. Richard Dewey for .plans, elevations, and development schedule to allow the construction of three industrial buildings in a Planned Development Zoning District. Copies of said Exhibits are on file in the Planning Department. SECTION TWO: This Ordinance shall become effective 30 days following its passage and adoption and shall be published once within 15 days upon passage and adoption in the San Jose Hercury News, a news paper of general circulation in the City of Campbell, County of Santa Clara. : PASSED AND ADOPTED this 3rd call vote: day of October, 1989 by the following roll AYES: NOES: ABSENT : Councilmembers: Councilmembers: Councilmembers: KOTOWSKI, ASHWORTH, BURR, COHAHT, IlATSOR BORE RORE ATTEST: ...z=r:~ . nette Watson, Hayor THE FOREGOING INSTRUMENT IS A ~UE AND CORRECT COpy OF THE ORIGINAL ON FILE IN THIS OFFICE. ATTEST: BARBARA OlSASKY. CITY CLERK, CITY CAMPBEll, CAlfFO f BY DATED . IIBIT B STANDARD DEVELOPMENT SCHEDULE nu NO: PD 89-14 APPLICANT: R. DEWEY SITE ADDRESS: 743 CAMDEN AVE. 1. Construction to begin within one year of final approval. 2. Construction to be completed within one year of starting date. NOTE: Above Development Schedule is a standard used by the Planning Department when applicant has not submitted a schedule for his project. - - . ~.~ "f/ I ~o 1;11 APN: 424-ftl-018: ~ V/;:~~ PD 89-14 fI rl 743 CA!mEN AVENUE PC MTG: 8-22-89 ! 7i~71 ~ ) rr;;::r ~ ~i~ ~b::J ~' ~ ( c ~ (r"l ~ 'VI' -// ~ ~l I ~j ~~l ~ '" I LL ,- I I I .{ '\ ~?O/40'..l. rf ~ ~ ~"'3' ~ \. " :,=t- g I~ '\ ~E :0. ~,b ~ ~..., ~ · >-.~ · - J.- . ~.. · \..... , - . D'. nTI ~;: /' Ii · ~... II I r~"- ) f -- ~ ~ .. ~ Ci ....... ',~ .",,,. J /. , ~- .. ~ l;~ ~~., 'A-(" \~, r J ' ~.- tr ITPublic Hearing before the IJI/II ~,. - Planning Conmdssion on 8/22/89 J ..rll/ ,,,,,. ~.! T R. Dewey ~ Resolution No. 2615 r J , I -. . ~ recommending approval of 'I 'II ~.. ... ~~ Pbnned Development Permit. _. __ (4-0-m._______ D=111 ,; ~M , !o",.. a: .... Ii:; .... % . ~ ". N ... .~~ ~ ~ .~~ cl~~~ ~ o~. ~ 5 ,...0"0 ., ....~ ~ j Wlc .~,o C\. 11\ -: ~ , '-S... ~ ~ l . ,. ~ ~ ~. , t--_ ...L ~ . /- .~ ')" '0 - ~ I~ I ,-lIZ1 - "'0 '10" t'or ", t-- /'r- 1\ ,,- == ~,l /,\ Vo 1-- I--- : 1l9/!l)'Y>'~ '~~J:::.[j r. I---! ~ a!.... -J ~ _M~ ~ L/~II'" --., I , ~ .. I-- I- I ,.- 1 .,. ... f-;;- ~ l ~Il' I ) '== CURTNER l [~ '/ J~ a ~ 1~)/41 1 'Ii n~/37 ,."" I -: :tl ,,,,- .......~ I 1 Ill- ~~ ", z. . " Ii 'L ./"'"\ \ r... .-......... L-"~" '. it ... ,1 ' .....~L ~ ~ 3n~/1. \" C\ ~c.' \\ p ~. ~ ~ . 1'. . I ~, "4 ('J >'0 Z .f'" " .. .. , 31.:0- 149 ---- ... . .: ;~I--~ ~- r- 0 .- \ ~- ~ -I~"~ -V)- - /., -~I' :_roo.. '" .! _ Oftlr- ~- . '" .... .. CoNDITIONS OF APPROVAl !FILE' PD 89-14 SITE ADDRESS: 743 CAKLt.l!S AVE. APPLICANT: R. DEWEY PC HTG DATE: 8-22-89 The applicant i. hereby notified. as part of this application. that he/she is required to ~et tbe following conditions in accordance with the Ordinances of the City of Campbell and the Laws of the State of California. Additionally. tbe applicant is bereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California wbicb pertain to this development and are not berein specified. 1. lencinas/Landscapina: Property to be fenced and landscaped as indicated and! or added in red on the plans. Landscaping and fenCing shall be maintained in accordance vith the approved plans. 2. Landscapina/lrriaation: Landscaping plan indicating type and size of plant material. and location of irrigation system to be submitted to the Planning Department and approved by the Site and Architectural Review Committee and/or Planning Commission prior to issuance of a building permit. 3. lencina: lencing plan indicating location and design details of fenCing to be submitted to the Planning Department and approved by the Planning Director prior to issuance of a building permit. - - 4. Performance Bond - LandscapinR. 'encinal StripinR: Applicant to either (1) post a faithful perfor.mance bond in the amount of $25,000.00 to insure landscaping. fenCing, and striping of parking areas within 3 months of completion of construction; or (2) file written agreement to complete landscaping. fenCing. and striping of parking areas. Bond or agreement to be filed with tbe Planning Department prior to application for a building permit. s. Utility Boxes: Applicant to submit a plan to the Planning Department. prior to installation of PG&E utility (transformer) boxes. indicating the location of the boxes and .creening (if boxes are above around) for approval of the Plannina Director. 6. Use of Propertv: Applicant to submit a letter to the Planning Department. satisfactory to the City Attorney, prior to application for building permit, limiting.tbe use of the property as follows: 21,050 sq.ft. office Imd/or retail cOllllDercial use; 40,000 sq. ft. warehOusing/manufacturing use. The Plannina Commi.sion ..y approve 1m adjustment to retail/showroom use. 7. Mechanical EqUipment/Utility Heter ScreeninR: All mechanical equipment on roofs Imd all utility metars to be screened as approved by the Planning Director. 8. Buildina OccU'Dancv: Buildinl occupancy viII Dot be allowed until public improvement. are installed. 9. ParkinalDriveways: All parkina and driveway ar..s to be developed' in compliance with Chapter 21.50 of the Campbell Municipal Code. All parkina apace. to be provided with appropriate concrete curb. or bumper awards. 10. Utilities: Underaround utilities to be provided.. required by Section 20.36.150 of the Campbell Municipal Code. ~ CONDlnONS OF APPROVAL FILE' PD 89-14 SITE ADDRESS: 7 43 CAHlJ~ AVE. APPLICANT: R. DEWEY PC HTG DATE: 8-22-S9 PAGE 2. - 11. Utilities: Plans submitted to the Building Department for plan check shall indicate clearly the location of all connections for underground utilities including water, sewer, electric, telephone and television cables. 12. SiRninR: Sign application to be submitted in accordance with provisions of the Sign Ordinance for all signs. No sign to be installed until application is approved and permit issued by Planning and Building Departments (Section 21.53 of the Campbell Municipal Code). 13. GarbaRe Collection: Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, aarbage, wet aarbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single-family dwellings, multiple apartment units, to all commercial, business, industrial, manufacturing, and construction establishments. 14. Trash Containers/Enclosures: Trash container(s) of a size and quantity necessary to serve the development shall be located in area(s) approved by the Fire Department. Unless otherwise noted, enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing ~ doors of a size specified by the Fire Department. All enclosures to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. 15. Handicapped Reauirements: Applicant shall comply with all appropriate State and City requirements for the handicapped. 16. Propertv Security: The applicant is hereby notified that the property is to be maintained free of any combustible trash, debris and weeds, until the time that actual construction commences. All existing structure. shall be .ecured by having windows boarded up and doors sealed shut, or be demolished or removed from the property. Sect. 11.201 & 11.414, 1979 Ed. Uniform lire Code. BUILDING DEPARTKENT 17. RetaininR Walls: Retaining walls at property lines are limited to a height of 15 inches if constructed of wood. PUBLIC WORKS DEPARTKENT IS. Relocate driveway northerly to avoid interference with acc..s to adjacent property.. directed by City Engineer. 19. PrOVide S .ets of arading and drainage plans for review by City Engineer. . .. . CONDITIONS OF APPROVAL - FILE , PD 89-14 SITE ADDRESS: 743 00. 1 AVE. APPLICANT: R. DEWEY PC MTG DATE: 8-22-89 PAGE 3. 20. Pay storm drain area fee in the amount of $9,385.00. 21. Construct street improvements in Camden Ave., Winchester Blvd., and within revised Camden-Winchester intersection as required by City Enaineer. 22. Construct a traffic signal and related controls at the intersection of Winchester and Camden. Developer may request a "cost sharina" aareement with the City for this improvement. FIRE DEPARnmNT 23. All buildinas shall be provided with fire sprinkler protection. UFC, Sect. 10.307. 24. Fire sprinkler systems havina more than 100 sprinklers shall be fully supervised. UFC, Sect. 10.309. 25. All driveways, includina the driveway approach, shall be not less than 20 feet in clear width to a clear heiaht of not less than 13 feet, 6 inches. UlC, Sect. 10.207(e)(f). 26. On-Site and public fire hydrants shall be provided as required in UFC, Sect. lO.301(c). ~ 27. This approval does not apply if hazardous materials are used. This would require a Hazardous Haterials Declaration and an environmental review. .. CITY OF CAMPBELL R E C ~ , "f ~ '-) J., ..: ".' '" 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866.2100 0'.....1. U ',' d bjJ Public \ow ... ~.I -".",...~cring Department: Planning October 25>> 1989 Mr. Richard Dewey WDT Development 900 Welch Rd.>> Ste 10 P.O. Box 10098 Palo Alto>> CA 94303-0854 RE: PD 89-14 743 Camden Ave, Dear Rich: Please be advised that the City Council at its meeting of October 3>> 1989>> adopted Ordinance No. 1765 approve your request for a Planned Development Permit to allow the construction of three industrial buildings on the subject property. This approval is subject to the conditions indicated in the enclosed ordinance and is effective November 3>> 1989. If you should have any questions regarding this decision>> please do not hesitate to call the Planning Department at (408) 866-2140. ;w~ Tim J. Haley Planner II Enclosure cc: Property Owner - Morris Assoc. Kenneth Rodrigues Assoc, Fire Dept. ~.f~.."" .- .,n.....t. , ~~.,.~, Assessor's Office / TO Bf RECORDED WITHOUT ~ 'SECTION 6103 GOYERNN,ENT CODE AT THE RfQUEST OF CITY OF CAMPBELL D 105 r~~~5t4 5iJ69003 CITY OF CAM PBEJ_L. ,73 NORTH CENTRAL AVE. CAMPBELL, CALIFORNIA 95008 ~ D 105 r~tE514 FILED FOf~ ii' !iORD /G;;'/7~~ hUG (9 I 41& PH '11 GRANT DEED OHICtAL RECOHDS SANTA eLM:;\ COUNTY, GEORGE A Mt.t'Hi. . REGISTI<An. H::'CORDER, We, A. R. WOOLWORTH and BETTY WOOLWORTH, his wife, as Joint Tenants, do hereby grant unto the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, for public street purposes and to become a portion of Camden Avenue all that certain real property within said City and more particularly described as follows: d' BEGINNING at the point of intersection of the northerly line and an easterly line of Camden Avenue, 50 feet wide, formerly known as the Old Santa Clara-Los Gatos Road and also formerly known as White Oaks Road, said point also being the southwest corner of that certain parcel of land described in that certain Individual Joint Tenancy Deed, filed in Book B 122 of Official Records at page 418 in the office of the County Recorder, County of Santa Clara, State of California; THENCE, along said easterly line of Camden Avenue, said easterly line also being the westerly line of said parcel of land, North 336.00 feet to the northwesterly corner of said parcel of land; THENCE, along the northerly line of said parcel of land East 5.00 feet to its intersection with a line that is parallel with and 30.00 feet easterly, measured at right angles, from the centerline of said Camden Avenue; THENCE, along said parallel line South 176.08 feet to a point on a tangent curve that is concave northeasterly and has a radius of 195.00 feet; THENCE, southerly and easterly along the arc of said curve 163.36 feet through a central angle of 480 00' 00" to the point of tangency with a line; THENCE, along last mentioned line South 480 00' 00" East 3.75 feet to a point on a tangent curve that is concave southwesterly and has a radius of 255.00 feet; THENCE, easterly and southerly along the arc of said curve 17.99 feet through a central angle of 40 02' 35" to its point of intersection with the northerly line of Camden Avenue, last mentioned northerly line also being the southerly line of said parcel of land; 1 of 2 q9T~. t I t 5ro' + ~ en l.II -l ./ / D ltfS r~~f517 ~ I Z ] I " CAMDEN AVENUE (FORMERLY OLD SANTA CLARA- LOS GATOS ROAD) (FORMERLY WHITE OAKS ROAD) NORTH 336.00' ~. '. SOUTH 17".08' "'. {R" 1~5.00' ..... ~ '" <48- 00', 00" L= 1(;3.3" "',,'S+8-00'OO"E 3.75' ~ : ~ R= 2.55.00' ~.. 6 = ..- OZ' 35''' L= 17.c.!>~' :::t 1.\:' i::~ i .:.\ .:.: ("'J p :...... .... . ... ... -........ P :':;' .-:: :". . ... . f'e:_ i :::: t ~--4- ~ o. o o. SCALE: 1"=60' j.AND TO BE GRANTED TO THE CITY OF CAMPBEL~ Dr.ByL.M.5. MARCH,1977 Ck.By J. P. MAR C H ,1977 ~~Land to be 9rollted to City Contoin, O.130t ac. Prepared by the Office of the City EnOl neer I Campbell, Calif 0''''0 ". ..,~ .: 111 ~ (Jl -l !Jl o o. MAIN OFFICE 1900 The Alameda San Jose. CA 95126 (4011) 2ll6-45OO MORGAN HILL 17485 Monterey 51 Sle.. 101 Morgan Hill. CA 95037 f4Oll) 779-2166 lf~~y~~ of 2,'antu. CLu.'4t Cou.nty, A DIVISION OF FOUNDEItS nTLf GaO~ ALMADEN NORTH VAllEY lOS ALTOS SANTA CLARA SARATOGA MllPlTAS 6475 Camden Ave., Ste. 100 7!iO No Capitol. Ste. 8-1 161 So. San Antonio Ad.. Ste. 1 100 Saratoga Ave.. Ste. 100 12228 Saratoga-Sunnyvale Ad. 920 Hillview Ct.. Ste 165 San Jose. CA 95120 San Jose. CA 95133 Los Ahos. CA 94022 Santa Clara. CA 95051 Saratoga, CA 95070 MlIp.tas. CA 95035 (408) 997-1444 1408) 272-1600 1415) 941-5700 (408) 249-3301 (408) J25.6Xl (408) 263-0801 Bill SUNNYVALE BLOSSOM VAllEY 333 W. EI Camino Real. Ste, 210 5406 ThornW1lod Dr. Ste. 100 Sunnyvale, CA 9Q7 San Jose, CA 95123 1408) ~ (408) 224.5544 PRELIMINARY REPORT ESCROW SERVICE IS BEING PROVIDED AS INDICATED BELO" o ALMADEN 0 NORTH VALLEY 0 LOS AL TOS ~ANTA CLARA 0 CAMPBELL 0 LOS GATOS o MORGAN HILL 0 PALO ALTO 0 SAN JOSE 0 SARA TOGA 0 SUNNYVALE 0 BLOSSOM VALLEY PALO ALTO 314 Lytton Ave, Palo Alto. CA 94301 (415) 321~510 LOS GA TOS 335 No. Santa Cruz Ave. Los Gatos. CA 9503l (408) 354-3650 GilROY 7888 Wren Ave. Ste C.131 Gilroy, CA 95020 (4081147 -5lIlIO CAMPBEll CUPERTINO 21~ So. Bascom Ave. Ste, 120 20421 Stevens Creek Blvd.. Ste, 120 Campbell. CA 95COl Cupertino. CA 9!i014 1408) 371-9950 (4al) 255-5880 11-6-89 SJV5-23B o CUPERTINO o MILPITAS o GILROY Issued for the sole use of: o ESCROW OFFICER: Joann Cuneo Daw McMillan, Moore & Buchanan 95 S. Market St. #200 San Jose, Ca. ORDER NO, 279221-JEC ESCROW NO. Attention: PrOl'erty address: Ma rti n RE. Dated as of .sept. 25~ 19 89 at 7:30 A.M. In response to the above referenced application for a policy of title insurance, CALIFORNIA LAND TITLE COMPANY of Santa Clara County hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Schedule I and Schedule I (continued) attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby, If it is desired that lia- bility be assumed prior to the issuance of a policy of title insurance. a Binder or Commitment should be requested. The form of policy of title insurance contemplated by this report is: A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY _ 1988, LENDERS POLICY A SPECIFIC REQUEST SHOULD BE MADE IF ANOTHER FORM OR ADDITIONAL COVERAGE IS DESIRED. The estate or interest in the land hereinafter described or referred to covered by this Report is: a fee Title to said estate or interest at the date hereof is vested in: Leo M. Short1no and Peggy M. Shortino, as community property The land r'ef'er'r-ed to her'ein is situated in the State of California, County of Santa Clara, city of CAMPBELL (and is described as follows) A portion of the West half of the Southwest 1/4 of Section 35, Township 7 South Range 1 West, M. D. B. & M., descr'ibed as follows: Beginning at a one-inch iron bar at the Southwesterly corner of the parcel of land conveyed to H. DeWitt by Deed recorded May 6, 1943 in Book 1141 Official Records, page 324, records of Santa Clara County, California; thence from said point of beginning North along the Easterly line of Camden Avenue (for'mer'ly White Oaks Avenue) 336.00 feet to a 1 inch ir'on pipe; thence leaving said Easter'ly line East 212.00 feet to a one inch pipe in the Easterly line of said DeWitt parcel; thence South 00 05' West along said line 336.00 to a 3/4 inch iron pipe at the Southwesterly corner of said DeWitt parcel; thence West along the Southerly line thereof, 211.6 feet to the point of beginning. EXCEPTING THEREFROM that cer'tain par'cel descr'ibed in the deed fr'om A. R. Woolworth, et ux, to the City of Campbell, a municipal corporation, for public street purposes and more particularly described as follows: Beginning at the pOint of intersection of the Northerly line and an Easterly line of Camden Avenue, 50 feet wide, formerly known as the Old Santa Clar'a-Los Gatos Road and also former'ly known as White Oaks Road, said pOint also being the Southwest corner of that certain parcel of land described in that certain Individual Joint Tenancy Deed, filed in Book B 122 of Official Records at page 418 in the office of the County Recorder, County of Santa Clara, State of California; thence along said Easterly line of Camden Avenue, said Easterly line also being the Westerly line of said parcel of land, North 336.00 feet to the Northwesterly corner of said parcel of land; thence along the Northerly line of said parcel of land East 5.00 feet to its intersection with a line that is parallel with and 30.00 feet Easterly, measured at right angles from the centerline of said Camden Avenue; thence along said parallel line South 176.08 feet to a point on a tangent curve that is concave Northeasterly and has a radius of 195.00 feet; thence Southerly and Easterly along the arc of said curve 163.36 feet through a central angle of 480 00'00" 2 to the point of tangency with a line; thence along last mentioned line South 480 00' 00" East 3.75 feet to a point on a tangent curve that is concave Southwesterly and has a radius of 255.00 feet; thence Easterly and Southerly along the arc of said curve 17.99 feet through a central angle of 40 02' 35" to its point of intersection with the Northerly line of Camden Avenue last mentioned Northerly line also being the Southerly line of said parcel of land; thence along said Northerly line of Camden Avenue West 85.24 feet to the point of beginning. Containing 0.130 acres, more or less and being a portion of the Southwest 1/4 Section 35, T. 7 S., R. 1 W., M.D.B. & M~ 4l3-01-015 10041 PH/SC/mw A 413-1-16.01 12-31-86 -3- At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said pOlicy form Id b follows: wou e as A) Taxes for' the fiscal year' 1989-1990, a lien but not yet due or payable. Bill No. 412-01-015 Code Area 10041 First installment Second installment $11,017.90 $11,017.90 The above installments include a pr'operty tax exemption of none axes for the fiscal year 1989-1990, a lien but not yet due or payable. Bill No. 412-01-015-99 Code Area 10041 First installment Second installment $234.96 $234.96 The above installments include a property tax exemption of none B) Assessment No.13 for public improvements in city of Campbell under L.I.D. #29 County Code No. 80v Balance of Principal $5,473.16 Balance of Interest $1,382.26 for a total payoff amount amount of $6,855.42 Said amount is good until June 30, 1990. FOR INFORMATION PURPOSES ONLY: $858.53 Principal and $506.54 Interest is being collected with the County taxes for the fiscal year 1989-90 1. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et .seq. of the Revenue and Taxation Code of the State of Califor'nia. 2. Terms, covenants and conditions of an Agr'eement for Street, Public Utility and Landscaping Improvements, recorded October 26, 1977, in Book D235 Official Records, page 605. Reference is hereby made to the record thereof for particulars. 3. Ter'ms, covenants and conditions of an Agr'eement for' a Water Distribution System, and incidents thereto, recorded March 9, 1979, in Book E335 Official Records, page 585. Reference is hereby made to the record for particulars. 4 FTG 10398-1 (REV 711183) 5. Unrecorded leases, upon the ter~s, covenants and conditions therein provided. Lessor' Handlery Holding Company, Inc., a California corporation, et al A) First Church of Religious Science B) Lindsay & Laumann C) Accr'edited Mortgage Ser'vice D) Esvel E) Compumetric F) Quality Energy G) Quality Custom Fur'nitur'e H) Los Gatos Construction I) Woolworth Construction J) T. A. Ba iley Elec tr'i c K) Nor'man Elis L) Johnson's Custom Work M) Custom Cutters Plastic Lessee Disclosed by Recor'ded Assignment of Leases November 29, 1983 in Book Il05 of Official Records, page 33 An assignment of Lessor's inter'est in the above leases Executed by To Recorded Handlery Holding Company Inc., et al Beverly Hills Savings and Loan Association November 29, 1983 in Book Il05 of Official Records, page 33 6. Ter'ms, covenants and conditions of those cer'tain Subordination, Nondisturbance and Attornment Agreements, executed by Beverly Hills Savings and Loan Association, et aI, recorded November 30, 1983 in Book 1109, pages 688, 694, 700, 706, 714, 720, 726, 732 and 744 of Official Records, and recorded December 9, 1983 in Book 1136, pages 306 and 312 of Official Recor'ds. 5 NOTE 1: The last r-ecor'ded instr-urnent(s) conveying r'ecor-d title to the pr-emises is/ar-e: Deed executed by Hand1er-y Holding Company, Inc." et al Gr-antor(s) to Leo M. Shor-tino and Peggy M. Shor-tino, as communi ty pr'oper'ty Gr'antee (s), r'ecor-ded on December' 31, 1986 in Book J985 of Official Recor-ds, at page 460. The last conveyances affecting said land r-ecor-ded within the last two year-s, pr-ior to the date of this Repor-t ar-e: none NOTE 2: Any conveyance of the her-eindescr-ibed pr-emises by Gr'ant Deed will r'equir'e the payment of the $lO.OO Sur'vey Monument Preser'vation Fund fee pursuant to Gover'nment Code Section 27584 and Or-dinance No. NS-300.273. 6 /' .~-- , . r-'-' / ---, I - / \ r { , " ~t l>.:: ~'::i a"i~ !" ~Ii ~i~1 l!l'U ~ lei ~Ci!, ,~F.IM C";, ~' ~.: ~ ~.f"% iE-;2'9 t ~,g l. ii tHlt ffZ:i ~~i~: ; ~ 3" s.l ~q I ~. ~ f: :ai:\ fi foe . . ~ g 1 ':' ..... e , . o .. .. n ... o ... .... CO~ o n o c: z ... .. ~ o <::- ..., ,.,., .. III III ... III III o '" ,'" 'Y III .. z ... .. ~ 'eJ I... ~ '" ~ ..... ","" ? ..,/ ~ ,.,., ,.,., ~~ '" n .. r- .. o '" z .. n ,. .. :0 .. n o c: z ... ." \J\ 1"~ ",. O. ~ \J\ <+ -0 @ " \ \ - . " N o o SOIEDULE 1 CAUfORNIA lAND nnE ASSOClAnON STANDARD COVERAGE POLICY - 1918 Th, foll.wing .....,.. .., .""....Iey ,.eluded "om Ih, ''''''g' ., ,h;. polk, and .... eo.....n' will nol .., 10.. .. do_ _. attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or soyemmental resulation (includins but not limited to buildins or zonins laws. ordinances, or reaulations) restrict ins. resulatins, prohibit ins or relating to (i) the ocQlpancy, use, or enjoyment of the land; (ii) the charaaer, diinensions or location of any improvement now or hereafter erected on the J.nd; (iii) a separation in ownership or a chanse in the dimensions or . or area of the land or any parcel of which the land is 01 was a part; or (iv) environmenhll protection, or the effect of any wioJation of these laws. ordinances or IOvemmental resu1alions, except to the extent that a notice of enfort:ement thereof or a notice of a defect, lien or encumbrance resultins from a violation 01 a1lesed violation affect ins the land has been recorded In the public IeClOfds at Date of Policy. Cb) Any IOvernmental police power not excluded by (a) above, except to the extent that a notice of the exert:ise thereof or a notice of a defect, lien or encumbrM\Ce resulting from a violalion or allqed violation affectins the land has been recorded in the public records at Dale of Policy. 2. Kishts of eminenl dGrNiin unless notice of the exercise Ihereof has been recorded In the public records at Date of Policy, but not exdudins from cove rase any takinS which has occurred prior to Date of Policy which woutd be bind ins on the rishts of a purchuer for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or Olher melllers: " (a) w~'h..., no, 'ec",d,d In ,h. publk ..,.,d, " 0". 0' PoII<y. bu, '''''ed. ..1I...d. .......d '" .,eOd ,. ......."id claImant; ;' .... (b) not known 10 the Company, not recorded in the public records at Date of Policy, but known 10 the insured daimant and not disclosed in writing 10 the Company by Ihe insured claimant prior 10 the dale the insured claimant beame an insured under this policy, (c) resulting in no loss or damage 10 the insured c1aiman!; (d) altaching or c:reated subsequent to Date of Policy; or Ce) resulting in loss or damage which would not halle been sustained if the insured c1aim.nl had paid value for the insured mort... or for the estate or interest insured hy this policy , .... Unenforceability of the lien of the insured mongage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness. to comply with the appliable doing business laws of the state in which the land is situated. 5. 'nYalldl",., unenfo,ce"''''", 0' ,h. II.n of Ih. In,u"d mo'lg.g.. 0' daim 'h..oo'. whkh an... oul o"~ "an.acll.n _ .., the insured mortgage and is based upon usury or 'lny consumer credit protection or truth in lending law. In ..ddilion to the Exdusions, you are not insured against loss. costs, altomeys' fees. and expenses resulting from: 1. Taxes or assessmt'nts which are nol shown as existing liens by the records of any taxing authority that levies t.xes or assessments on real property or by the public records. P'.ce.dlng. '" · "ublk .g'n', whkh 10', ..,uil In "... '" ''''''10'''''. 0' "olk.. 0' ou<h .IO'Oedlng.. wheth.. 0' no' shown .., Ihe records of suth agency or b~ Ihe puhlit records, 2. Any facts, rights, interests or claims which are not shown b~ the public records but which could be ascertained by an inspection of the land or which ma~' be asserted by persons in p05!>ession thereof. 3. Easemenls. liens or encumbrances. or claims thereof. which are not shown b~' Ihe public records. .... Discrepancies, conflicts in boundary lines, shonage in area, encroachments, or any olher facls which a correct SUNey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts .uthorizing the issuance thereof; (c) water rishts, daims or title to water, whether or nol the mailers excepted under (a), (b) or (c) are shown by the public records. AMERICAN LAND TITLE ASSOOATION OWNER'S POliCY FORM B . 1970 (AMENDED 10-17-10) SOfEDULE Of EXCLUSIONS FROM COVERAGE 1. An, "W. "'dlnance ., gOYOmm....1 ..gu''''on <Indudlng bul nol IImll.d '0 building ."d 2O.,;ng "'cfinan'O" IOSlrictlng ., ",u"'lng or prohibiting the occupancy, use or enjoyment of the I.nd, or regulating the character, dimensions or location of any improvement now 0' h.,e.il.. '''<led .n I~ I.nd. 0' p1ohlbllln. . .."....Ion In own,..hl.. .,. ..do'''on In ,h, dlm...fon. ., .... oIl~ "nd. ., Ill< effect uf any viola lion of any such law, ordinallle or governmenlal regulation. Rig".. of.mlnen, domain 0' go..mmeOl.1 righ.. 01 polfe. pow" unl... no"" .' Ih, ""d.. ., ..,h righl. ........ ;" 'he publk reCords OIl Date of Polit \' De,.,... II.".. . ncumb;,",e,. .d...,.. d.;m.. '" .>lh.. mall." '" ,....ed. ..1I...d. ",umod 0' ag..ed 10 by I~ in'_d c1....n. 'bl nOI '"own '0 ,h. Com".", .nd nOI .hu.." bllhe "ubll, '...o,d, bUI kn",:,,"'o 'h. In,u.ed el"~nl ,"h.,.. O.t,~, PoIk,.,~, .~ the dille such claImant acqUired an estate or Interest Insured b~ Ihls polIcy and not dIsclosed In writing by th, Insured c1l1mant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured ~'aimal1t; ld) attaching or created subsequent to Delte of Policy; or (e) resullinR in loss or damage which would nd'l have been Sustained If the Insured claimant had paid value for the estate or Interest Insured b~' this policy. 2. 3. FTC .ll'ii.F l~t'1I 11.1.1l/l) SCHEDuLE 1 (ConIinued) . . AMERICAN lAND nn.E A55OCIAllON l(MN POUcY _ 1970 wmt A.LT.A.. ENDORSEMENT FORM 1 COVERAcE (AMENDED 10-17-70) SOiEDULE OF EXClUSIONs AtOM OOVEIACE The following ~tters are expressly exduded from the coverage of tNs policy: 1. Any law, ordinance or lovemmental regulation (including but not.imited to buildins Ind zoning ordinances) restriclinl or reaul..in, or prohIbitina the 0CQIpIncy, use or enjoyment of land, or r.ua.tina the character, dimensions or location of any improvement now or .....er erected on the land, or prohibltinl a sepll'aUon in ownership or a reduction in the dimensions or area of the land, or the " effect of any violation of any such law. ordinance or lovemmental regulation. 2. .....tl 01 eminent domain or IOYenUnental ~ahts of police power "'11 notice 01 the exercise 01 such "ahtl ......rs in the public records .. Date of Policy. . 3. Defects, liens, encumbrances, adverse dalms, or other matters ~) Cleated, suffered, a.umed or asreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date luch claimant acquired an estate or interest Insured by this policy or acquired the Insured mort..,e and not disc:loted In writ.... by thebured claimant to the Company prior to the dlte luch insured claimant became an Insured hereunder; (c) result'" in no loll or dalNSe to the insured c1ai~nl; (d) attachinl or created lubsequent to Date of Policy (except to the extent insurance il afforded herein IS to any ItAtutory lien for labor or ~terial or to the extent insurance is -'forded herein IS to a.esamen.. for street improvements under construction or completed at Date of Policy). 4. Unenforceabiliry of the lien of the insured mortgage because of failure of the insured at Date of Policy or of ~ny subsequent ~ of the indebtedness to comply with applicable "doing business lawsN 01 the ltate in which the land ;s situated. I ';''#~~';'" AMERICAN lAND nnE ASSOCIATION L~ POliCY - 1987 WIlli A.LT.A.. ENDORsEMENT FORM 1 COVERAGE (6181) EXCWSlONS fROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or dlmAle, costs" attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but nol limited to building .,d zoning laws. ordinances, or r.ulalions) restricting, resulating. prohibiting or relaling to (i) the occup.ncy, use or enjoyment of the land; (ii) the dw-lCter, dimensions or location of any improvement now or hereaher ereded on the J.nd; (iii) a separation in OWnership or a ~e in the dimensions or area of the land or any parcel of which th~ land is or was a part; or (iv) environmental protection, or the effect of violalion of these laws, ordi~nces or governmental regulations, except to the extent t~t a notice of the enforcement thereof or . notice of I defed, lien or encumbrance resultinl from a violation or alleged violation afleding the land has been recorded in the public records at Dale of Policy. (b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise therof or I notice of a defect, lien or encumbrance resulting from a violation or allesed violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records al Dale of Policy, but not excluding from coverage any taking which has occurred prior 10 Dale of Policy which would be binding on the rishts of. purc:tuaser for value without knowledge. 3. DefeclS. liens, encumbrances. adverse claims or other matters: (a) crealed. suffered. assumed or agreed to by the insured c1aimanl; , (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and nol disdosed in writing to the Company by the insured claimant prior to Ihe date the insured claimanl became an insured under this policy; (c) resulting in no ioss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any Itatutory lien for services, labor or material or the extent Insurance is Ifforded herein .s to assessments for streel improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not ~ve been sustained if the Insured daimant had paid value for the Insured mortB.e. <t. Unenforceability of the lien of the insured monple because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subliequent owner of the indebtedness, to comply with applicable Ndoing business laws" of the Itate in which the I.,d is lituated. 5. Invalidity or unenforceabiliry of the lien of the insured monple, or daim thereof, which arises out of the transaction evidenced by the insured mon,age and is based upon usury or any consumer credit prote(;tion or truth in lendinl law. 6. Any Itatutory lien for services. labor or materials (or claim of prioriry of any statutory lien 'or services. labor or materials OVer the lien of the insured monpge) arising (rom an improvement or work related to the land which is contracted for and commenced SUbsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mona.e which at Date of Policy the insured has advanced or is obli,ated 10 advance. FTC 3157.C CRe\' 11.1.88) SCHEDU~ 1 (Continued) '( \ AMERICAN lAND TInE ASSOCIATION RESlDEN1'IAL nnE INSURANcE POUCY - 1979 EXClUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, ~lnd the existence or violation of any law or BOvemment relulalion. This includes buildins and mninS ordinances and Ilso laws and regulations concerning: lmet use improvements on the land land division environmental protection This ..dusion does not limit the zoning coverage described in Items 12 .nd 13 of Covered Title Risks. 2. The risht to r.ke th'e land by condemning it, unless a notice of takinl appears in the public records on the Policy Date. 3. Title Risks: that are aeated, allowed, or agreed to by you that are known to you. but not to us, on the Policy Date . unless they appeared in the public. records. that result in no loss to you that first affed your title aher the Policy Date. this does not limit the labor and material lien coverale in Item 8 of Covered Title Risks. 4. Failure to pay value for your Iitle. S. lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A or in streets, alleys, or waterways that touch your land. This exdusion does nOllimit the access coverage in lIem 5 of Covered Title Risks. In addition 10 the Exclusions, you are not insured against loss, costs, allomeys' fees, and expenses resulting from: ....~.,:t''':'(~...; 1. Any facts, rights, inlerests or daims which are not shown by the Public Records bul which could be ascertained by maldnl inquiry of parties in possession of the land. 2. Any liens or easements not shown by the Public Records. However, this does nollimil the affirmalive coverage in Item 8 of covered Tille Risks. 3. Any facts about the land nol shown by the Public Records which a correct survey would disclose. However, this does not limit the affinnative coverage in Item 12 of Covered Tille Risks. 4. (a) Any water righls or claims or tille 10 waler in or under the land; (b) unpalented mining daims; (c) reservations or exceptions in patents or in acts aUlhorizing the issuance thereof. rrc 31';7-11 <Rf'v 11-'-88) ( ~JC>>1rDEVEUOPMENT June 14, 1990 Ms. Michelle Quinney City of Campbell 70 North First Street 1""""""",'ho11 r~ l;fo"''''l. ~ Q50nR ............hy.......u, __...._"...u:- , ~ ,"_ RE: Construction Agreement for Street Improvements at Camden and Winchester Avenues (Resolutions #7890 and #7891) Dear Michelle: Please issue a check to WDT-Winchester for $125,400.00 to cover the City of Campbell deposit for the subject work. The intersection work will commence very soon, so time is of the essence. Thank you in advance for your quick response. Sincerely, ~ Jeffrey S. Deaton Project Manager JSD:nr cc: Bill Helms Dick Thompson Don Wimberly RECEIVkiD JUN 1 ~) 199U Public Woriu/Enginooring 900 Welch Road. Suite 10 . P.o. Box 10098 . Palo Alto. California 94303-0854 . (415) 322-2121 . Fax: (415) 322-5029 , , " " '" -rPd9-14 743 CAMDEN AVE. CITY OF CAMPBELL ~EMORANDUM ro: Steve Piasecki Director, Planning Department Date: August 22, 1989 =rom: Michelle Quinney]y1tP Associate Engineer, Public Works )ubject: PD' 89-14. AMENDMENT TO CONDITION OF APPROVAL ---------------------------------------------------------- In response to concerns expressed by the applicant regarding condition of approval #8 for PD # 89-14, I recommend this condition be amended to read as follows: 8. Buildinq Occupancy: Building occupancy will not be allowed until appropriate public improvements are installed as determined by the City Engineer. '. The condition as amended has been reviewed within the Public Works Department and has been determined to satisfy the necessary requirements. -~-....~.. .-< . TO: City Clerk ,I / PUBLIC WORKS FILE NO. ~ ~ r~ (I 2. / ) Please collect & receipt for the following monies: 35-3396 ACCT. ITEM AMOUNT RECEIPT NO. $ 3372 3521 3521 3521 3372 Project Revenues (specify project) Public Works Excavation Permit Fees: Application Fee Plan Check Deposit Faithful Performance (Cash) Deposit R-1: ($ 35) Other: ($ 50) ($500) (100% of) (ENGR. EST) (4% of FPB) ($500 min.) (7% of FPB) ($ 35 min.) Other Cash Deposit (specify) ($200) Plan Check & Inspection Fee 3373 Project Plans & Specifications ($10) 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) 3373 Map Revisions to Map Companies ($10) 3373 Copies of Engineering Maps & Plans ($.50/sq. ft.) 3520 Fire Hydrant Maintenance ($195/ ea.) 3372 3372 3372 3372 3372 3372 3372 3372 3395 Tentative Parcel map Filing Fee ($350) Final Parcel Map Filing Fee ($300) Tentative Tract Map Filing Fee ($400) Final Tract Map Filing Fee ($350) Lot Line Adjustment Fee/Certificate of Compliance ($350) Vacation of Public Streets and Easements ($500) Assessment Segregation or Reapportionment First Split ($500) Each Additional Lot ($150) 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) Park Dedication In-lieu Fee per Unit ($1,132) q :3 f ,{':'" /33;;l./ 3380 Public Works Special Projects 3510 Postage TOTAL $ 1:1 3~S;~~; / PERMITTEE NAME OF APPLICANT J/! 17 -T - ADDRESS c:r OD vie Ie h FOR CITY CLERK ONLY 0M 1,\) I ~ c_ h r (, 1 ~r 1<('1 10 1:P~ lra , ZIP 1136"S PHONE Aile RECEIVED BY (~ ,;;1.-7-90 DATE IRREVOCABLE STANDBY CREDIT ]' Nl-E'~F"I" ~ T]' ' N. ll".. ,'Ill~']' ("'I:~S ' .. \ "iI1.. (-}/;.. ,. ...I\V . J_ -Y 1::' '0 (' t.-l '[ I~- (.. I~' N '[ ~'mb"~~'I:" E':' E.: 'T' ,J..) ,h .... J \1 . H 'J 1 \ .. . P.O. BOX 7043 SAN FRANCISCO, CALIF. DEPT. OUR REFERENCE NUMBER (PLEASE ALWAYS QUOTE) DATE OF ISSUE <5 -4 B /1 ~~; (? 2 -"('? :1.6 -.IAN i 990 (t4L~O DATE OF EXPIRY :lO ,H1N j,991. (:,T OUF< COUNTEF.:S DOCUMENTS TO BE PRESENTED WITHIN N / f~ DAYS AFTER THE DATE OF ISSUANCE OF THE SHIPPING DOCUMENT(S) BUT WITHIN THE VALIDITY OF THE CREDIT APPLICANT WDT-WINCHESTER, A CALIFORNIA LIMITED PARTNERSHIP, 900 WELCH ROAD, SUITE 10 PALO ALTO, CALIFORNIA 94303 BENEFICIARY CIT'Y DF C(~MPBELL 70 NDRTH FIRST STREET CAMPBELL, CALIFORNIA 95008 ADVISING BANK AMOUNT US D.j(")HHHHHHH(-')(O 34 j, , 000.00 THREE HUNDRED AND FORTY ONE THOUSAND UNITEDSTATES DOLLARS PARTIAL SHIPMENTS N/(') TRANSSHIPMENT N/(~ CREDIT AVAILABLE WITH DlH<SELI,..'ES SHIPMENT /DESPATCH/TAKING IN CHANGE FROM/AT BPti Yi"IENT AGAINST PRESENTATION OF THE DOCUMENTS DETAilED HEREIN AND OF YOUR DRAFT(S) ATS I GHT TO ()I J I'" PI'''L I '1-" DRAWN ON .. '\,.>:~ v::... 'OCUi1ENTS: A STATEMENT FROM THE BENEFICIARY CERTIFYING THAT WDT-WINCHESTER, A CALIFORNIA LIMITED PARTNERSHIP, HAS FAILED TO COMPLY WITH THE TERMS AND CONDITIONS OF THE CONSTRUCTION AGREEMENT BETWEEN THE CITY OF CAMPBELL AND WDT-WINCHESTER, A CALIFORNIA LIMITED PART- ~ NERSHIP IN CONNECTION WITH THE COMPLETION OF PUBLIC STREET ~ IMPROVEMENTS AT THE INTERSECTION OF WINCHESTER AND CAMDEN [: AVENUES. w z ,ClNDITHlNS: ~ PARTIAL DRAWINGS ARE PERMITTED. ~ "NSTIi:IJCTIONS: THIS ORIGINAL LETTER OF CREDIT MUST BE PRESENTED TO US WITH ALL DRAWINGS FOR OUR ENDORSEMENT OF PAYMENTS TO YOU. DRAFTS UNDER THIS CREDIT MUST BE MARKED DRAWN UNDER UNION BANK, SAN FRANCISCCl, CALIFORNIA CREDIT NO. 648/59277 DATED JANUARY 16, 1990 AND PRESENTED AT OUR OFFICE NOT LATER THAN 3:00 P.M. ON OR BEFORE THE DATE OF EXPIRY. WE HEREBY UNDERTAKE THAT DRAFTS DRAWN IN COMPLIANCE WITH THE TERMS OF THE CREDIT WILL BE DULY HONORED BY US. ::****************************** END OF DOCUMENT ****************************** :r; ::> J.. .IJ ~ :; :l 0:( --.-- -- .~----' -- ----_.----_.---_.-.----_._-----..;.--------.__.._~--- .----....-........ --- WE HEREBY ISSUE Ttj~< F~ E V () C (~B l.. E CREDIT IN YOUR FAVOUR WHICH IS, EXCEPT AS SO FAR AS OTHERWISE EXPRESSLY STATED. SUBJECT TO UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS 6,983 REVISION) INTERNATIONAL CHAMBER OF COMMERCE. PUBLICATION ~ NGiOO AND ENGAGES US IN ACCORDANCE WITH THE TERMS Ii: THEREOF AND ESPECIAllY IN ACCORDANCE WITH THE TERMS OF it a; ARTICLE 10 THEREOF. EACH PRESENTATION MUST BE NOTED ON THE <Xl ~ REVERSE OF THIS ADVICE BY THE BANK WHERE THE CREDIT IS AVAilABLE. "' ~ XD D AUTHORIZED SIGNATURE Ty'rc },1 lJ. (1'-,dal,J" . "'.' t p:-::j" 1)1' t.' ;'\ j :i ..mi. t:. .. ~. J. )' . ,.-fl'~k:..~{..O- AUTHORIZED.SIOl'JAT.UR\=':I)' ~ '''0 In). i:-"......; .....'h.:lo- ""v \..L...i....n .J ,... c~