The URL can be used to link to this page

1228 Camden Ave y t.� JJ° DOCUMENT: 23154857 Pages: ' 2 Recording Requested By: ) Fees. • 23.00 Taxes. . . City of Campbell } Cop i es. . } AMT PAID 23.00 And When Recorded Retum To: ) REGINA ALCOMENDRAS RDE 0 005 City CIerk ) SANTA CLARA COUNTY RECORDER 11/24/2015 City of Campbell ) Recorded at the request of 10: 14 AM 70 N.First Street ) City Campbell,CA 950.08 ) APN: 414-01-001 (Space Above This Line For Recorder's Use Only) ADDRESS. 1228 Camden Ave.,Campbell,CA 95008 NOTICE OF RELEASE BY CITY OF CAMPBELL NOTICE IS HEREBY GIVEN concerning the real property located in the City of Campbell, Santa Clara County, California, and described specifically as follows: 1228 Camden Avenue, Campbell, CA. ,That whereas, Brentina, LLC, a California Corporation, entered into a Street Improvement Agreement with the City of Campbell, recorded August 5, 2014, Documendl 2267I3)43, in the Office of the County Recorder, County of Santa Clara, State of California. That, whereas, said conditions of said Agreement have been met to the satisfaction of the City. That, Now Therefore, Brentina, LLC is hereby released from all requirements contained in the agreement recorded August 5, 2014, Documentil 22671343, in said County Recorder's Off ce. IN WITNESS WHEREOF, said City has caused its name to be affixed by its City Engineer and City Clerk, who are duly authorized by Ordinance 2059 adopted September 20, 2005. CITY OP CAMI.113I 1,1� ATTEST: Todd Capurso Public Works Director, City of Campbell endy od, City Clerk (Attach Not.MAckno-wiedgment) Dated: \\ (i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public.or other officer completing this,certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or vatidity.of that document. State of California ) County of 325,. On NQyewn�oe<C 0 a�before me, �Yt �1*cV�G.�`Cl ��4�� l"�1b1�� Date Here Insert Name and rtle of the Officer personally appeared V ) _ a <S� Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JtIANIy WITNESS my hand and official seal. Commission#2111im, ® Now tie-Cdllot� Signature z Sam qua Coo lly — Comm.E tres Ma 9.2019 mature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: `ZZ`lS Document Date: 1s- Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner— ❑Limited ❑General ❑Partner — ❑Limited ❑General M:...4;,;,+...: t—i nu c + Gl t .+: '.d I f l 1�s+.....e '.. C + u Inul Iduall u racaorI My rr`I.I a�L llnd.1vidua1 u Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: <D Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association •www.NationaiNotary.org •1-800-US NOTARY(1-800-876-6827) Item#5907 JoAnna Thomason From: Roger Storz Sent: Monday, January 12, 2015 12:27 PM To: Corinne Shinn; Anne Bybee; Joy Francois; Michelle Quinney; Doris Quai Hoi; Syed Wahidi; JoAnna Thomason Cc: William Seligmann; Wendy Wood; Paul Kermoyan Subject: RE: Public Records Request(1228 Camden Avenue) Starbucks has recently satisfied all of the street improvements required of the original permit, therefore we will be refunding their $20, 000 deposit collected in 2003 . I have asked JoAnna to process the paperwork. Thank you, Roger -----Original Message----- From: Roger Storz Sent: Monday, January 12, 2015 10 :41 AM To: Corinne Shinn; Anne Bybee; Joy Francois; Michelle Quinney; Doris Quai Hoi; Syed Wahidi; JoAnna Thomason Cc : William Seligmann; Wendy Wood; Paul Kermoyan Subject.: RE: Public Records Request (1228 Camden Avenue) Good Morning, This is related to the Starbucks at. 1228 Camden Avenue that up until a few months ago had not constructed the street improvements required of their 2003 era building permit. I believe we have resolved this issue, but let me check in with Doris and Syed to determine where we are in the process . We should be . close to signing off the permit and returning their bond. Sincerely, Roger -----Original message----- From: Corinne Shinn Sent: Monday, January 12, 2015 10 : 25 AM To: Anne Bybee; Joy Francois; Michelle Quinney; Roger Storz Cc: William Seligmann; Wendy Wood; Paul Kermoyan Subject: RE: Public Records Request Hello, All: That referenced file number (ENC2003-00111) is for an Encroachment Permit out of PW for 1228 Camden Ave (Street Improvements) that was taken in on August 7, 2003, by Ed Arango. PW should be able to update the status ,of this bond and whether .it can be released or whether there are outstanding improvements not yet installed. Regards . ENC2003-00111 i ---Corinne -----Original Message----- From: Anne Bybee Sent: Monday, January 12, 2015 9 : 51 AM To: Joy Francois; Corinne Shinn Cc: William Seligmann; Wendy Wood Subject: Public Records Request Importance: High , I am forwarding a Records Request that was received today regarding a bond. As I am not sure which department would have handled this, I 'm forwarding to both Planning and Public Works . Could you please let me know if there is, an outstanding bond regarding this permit. Thanks, Anne Z ` Joy Francois p 4'C A 41 Executive Assistant -� Ad+ City of Campbell Department of Public Works U r 70 North First Street ° ° Campbell, CA 95008 "I o� Phone:(408)866-2150 °& H Ro Fax: (408)376-0958 Transmittal To: Starbucks Coffee, Tax Dept. Attn: Paula Borhauer Date: 2/17/15 Address: 2401 Utah Ave., South, Seattle WA 98135 Re: ENC2003-00111, 1228 Camden Ave. ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply x For Information &Use Enclosed is our check #250296 in the amount of $20,000.00, as a refund of your Faithful Performance Security Deposit under ENC 2003-00111. Joy Francois cc: IMI ,+ear,Vile ENC2003-00111 ........................ .... ...... ...................... ............. ........... .............. ............. ........... CITY OF CAMPBELL VENDOR NO. T0006507 CHECK NO. 250296 p jcwu Description nt. 101 2203 CR020915 20,000.00 DEPOSIT RETUNRS < T0006507 STARBUCKS COFFEE 1171011FRH49 MUM e e IN melammW CHECK DATE CHECK NO. ;G ClT-..YV;---:0F::CAMPBELL -FARGO BANK, N.A. 1324' 44, 02/16/15 250296 STREET 1210 NORTH FIRST STREET .:8AN FRANCISCO, CA 94104 I 1 CAMPBELL CA LIFORNIA LIFORNIA 95008 , 0 0 AMOUNT ****20, 000 . 00* of:.'<VOID AFTER 90 DAYS 0 PAY THE SUM OF TWENTY THOUSAND DOLLARS & ZERO CENTS 8 t TO THE STARBUCKS -COFFEE I ORDER 2401 UTAH AVE. , SO 6F k !SEATTLE WA 98135 psi ........ .... ..... ............ 2 50 2'1 1� 1 2 113 5 51, 1 5 111 1: 12 L00Q 21,Eli: - ---- ---- -- .............. "j ............. ----------- *See Revqrse Side For Easy Opening Instructions' CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 STARBUCKS COFFEE 2401 UTAH AVE. , So SEATTLE WA 98135 Page 1 of 1 JoAnna Thomason From: JoAnna Thomason Sent: Thursday, April 03, 2014 4:57 PM To: Joy Francois Cc: Lisa Petersen Subject: Starbucks @ 1228 Camden Ave. j Hi Joy, Per Lisa we are forfeiting the $20,000.00 deposit return to Starbucks because they did not complete all their improvements by January 12, 2014. They have resubmitted plans for a remodel so I am keeping their old j file with the new Land Dev file. JoAnna JoAnna Thomason I Office Assistant Public Works Department Joannat@citvofcamr)bell.com 12 408.866.2150 j &408.376-0958 (fax) s� 70.N.First Street I Campbell, CA 95008 www.CityofCampbell.com i I I i i i i j 4/3/2014 Refundable Deposit Check Request To: Finance Director / Check Payable To: Starbucks v� Address-Line 1: 2401 Utah Ave.,So. Line 2: City: Seattle State: WA Zip: 98135 Description: Deposit Returns Account Number: 101.2203 Amount: $20,000.00 Account Number: 101.2203 Amount: Account Number: 101.640.7448 Amount: (Finance Dept only) Interest Earned (Finance Dept only) Total Payable: (Exact Amount) Purpose: Refund of FPS deposited 2003 Voucher#: Permit#: ENC2003-00111 Receipt#: 161211 , Date: 0/26/2603 Requested by: `"�� ,� Title: PW Inspector Date: Syed Wahidi Approved by: ` Title: Sr.Civil Engineer Date: .�, '7,7. '15 Rogers rz �° i I t r Approved by: Title: City Engineer Date: MichellI,e Quinney f Finance Dept Only: Verified by: Title: Accounting Clerk II Date: Approved by: Title: Accountant Date: Special Instructoons�-FFar---��ndling Check Mail As Is: �— —Mail in Attached Envelope: Interim Check: i - Needed By: Retur,_T : JoAnna Thomason Public Works (Name) (Department) Other: —f a f/n:Forms/excel/chkreq - Revised 05/00 CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT CLEARANCE FOR FINAL INSPECTION AND ACCEPTANCE LETTER Encroachment Permit#: ENC 2003-00111 Name: Starbucks Corporation Property Address: 1228 Camden Ave. Campbell, CA Date of Final Inspection: On File: ❑ Bonds ❑ CD /Cash �] Faithful Performance: $ 20,000.00 ❑ Labor and Material: $ ❑ Construction Cash Deposit to be released: $ ❑ Other overdue deposits to be released (Description): Processed by: Administrator Reviewed by: Inspector Reviewed by: Lan Development Engineer i J:VoAnnaT\Deposit refunds\CHECKLISTS\Starbucks.Camden2003.doc(Rev.10/11) i ASSET MANAGEMENT CEP onsu ltants. 17841,)Fitzwater Dr. Phone:(703}594-31 Op Nokesviile,Virginia 20)81.-2734 Pax:(703)594-21.87 Request for Records Dane: 1/1212015 IRRCR WED STAR4375 JAN O� 2015 Attn: Ms.Ann Bybee Dept: City Clerk C@ N CLERK'S OFFICE f Fax: (408)374 6989 Dear Ms. Bybee: i Kindly accept this letter as my formal request to be provided with the details of the;rdfandina of the-. '. . ,. deposit as is outlined below. If this deposit is still on hand with the City—kindly state the'same. k File: STARBUCKS Accou»t#: 1012203 Permit: 2003-000111 Bond Date: 9/26/2003 I Project Address: Receipt#: 161.211 4 I I Sincerely, Mrs.Chris Hayes , Accounting Department Asset Management Consultants i 0 { OF CA,L, V CRCH AFn July 12, 2013 CITY OF CAMPBELL Public Corks Department Tina Neeley Asset Management Consultants 12841 Fitzwater Dr. Nokesville, VA 20181-2734 Dear Ms.Neeley, The City of Campbell is in receipt of your letter dated June 28,2013, inquiring into the status of Encroachment Permit 2003-00111 for the development of the Starbucks Coffee at 1228 Camden Avenue in Campbell, CA and requesting any funds that are due to be refunded. After review of the project file, it appears that occupancy of the building was based on a 7-day temporary occupancy permit issued on 9/26/2003. On this date,the City sent a letter to Mr. Zeden Jones, Construction Manager from Starbucks Coffee, outlining outstanding items that needed to be addressed to obtain final occupancy(Attachment 1). The City also received a letter from Mr. Zeden Jones on this date noting that all work on the permit would be complete by 12/31/2003 and the $20,000 deposit would be forfeited if the work was not complete by 1/1/2004 (Attachment 2). After reviewing the incomplete items noted in the City's letter of 9/26/2003, it appears that the only item that was addressed was item number four. All of the other items need to be completed before any funds can be returned. In addition,the building department has determined that a parking plan will need to be submitted for approval. Although pursuant to Mr. Jones' letter the $20,000 was forfeited to the City on January 1, 2004,we would still be willing to return those funds if the outstanding items are completed. In order for the funds on this project to be returned,the expired building permit would need to be reactivated and all outstanding items completed. Please contact Bill Bruckart, Building Official,to reactivate your permit. He can be reached at(408) 866-2130. "Tlie Citywill-allow-you-six-n oiiths-from-the-date_of/ i thi_s letter._to complete these items-and finaBlize your permit""If ou"'fail.16-co plete the tEn 9"0d%or y fmahze-the permit by-this--date,-the deposited funds will-remain-forfeited to-the-City: Sincerely, CLisiaetersen Senior Civil Engineer cc: Bill Bruckart File 70 North Firs[Street • Campbell, California 95008-1423 • TEL 408.866.2150 FAx 408.376.0958 TDD 408.866.2790 of•cA,hn - ` �•-rk X Attachment ['AMPBELL ORCFt AQ CITY of CAMPBELL Community Development Department September 26,2003 Mr.Zeden Jones Starbucks Coffee 455 North Point,2"d Floor San Francisco,CA 94133 Subject: 1228 Camden Avenue-Starbucks Building Permit No:9LD2003-978 Final Inspection Dear Applicant, The Planning Division has conducted a final inspection for tenant improvements and on-site improvement for Starbucks Coffeehouse on the referenced property in light of the Planning Commission's Conditional Use Permit approval. Based upon this.review the following deficiencies were noted. Prior to the clearance from the Planning Division for occupancy, please submit a letter outlining when these item will be addressed: 1. -Parking:Appropriate signing for designation of the disabled parking space. 2. Circulation: Directional pavement markings indicating the southerly driveway as exit only. 3. Unapproved sign: A small freestanding advertising Copyco needs to be removed or modified to become an exempt directional sign. 4. Roof rid:The heavy timber roof grid needs to be painted. 5. Public Improvements: Landscaping, sidewalk, driveway and traffic marking improvements indicating "keep clear zones" and directional driveways have not been installed. Please contact me at (408) 866-2144 or via e-mail at timh@cityofcampbell.com, if you have any questions regarding these items. Since 1 Tim J.Haley Associate Planner cc: Geoff Bradley,Senior Planner Jonathan Ramos,Gettler-Ryan,Inc., 1364 N.McDowell Blvd.,Suite B-2,Petaluma,CA 94954 Sean Murphy, 19990 Glasgow Drive,Saratoga,CA 95070 J:1Plan Check t-etters%1228 Camden Avenue-Starbucks(final).doc 70 North First Stree( Campbell, California 9.5008-1436 • rtst.408.866.2140 - FAX 408,8711.5140 'nm 408.866.2790 '+ Attachment 2 • September 26,2003 Edward Arango Associate Civil Engineer Public Works City of Campbell 70 North First Street Campbell, CA 95008-1436 PROJECT NAME: STARBUCKS COFFEE PROJECT LOCATION: 1228 Camden Avenue PERMIT NO.: ENC 2003-00111 RE: Conditions of Temporary Certificate of Occupancy Dear Mr. Arango, The purpose of this letter is to request the issuance of a temporary Certificate of Occupancy so that _ Starbucks Coffee may open for limited business at the aforementioned address and to confirm our agreement as discussed today at City Hall Starbucks Coffee will be allowed to open for business pending completion of the Street Improvements--- requirements of our Conditional Use Permit being administered by the property owner, Sean Murphy;-The following criteria shall be mandated: 1.) A$20,000 refundable deposit will be paid today to further guarantee completion of the project in addition to the bonds that have been posted. 2.) The property owner must gain approval of the current plan submittal, complete all work and attain final inspection no later than December 31,2003. 3.) If this matter is still outstanding as of January 1, 2004,the City of Campbell will assume responsibility for the street improvements and may retain the$20,000 deposit paid by Starbucks Coffee Company. At that time Starbucks Coffee will only have recourse with the property owner. Feel free to call me as needed on my cell phone(415)606-4908,which is the best way to contact me. Regardless,I will follow up with you on Wednesday,October 1 in anticipation of your plan approval. Thank you for your consideration. Sincerely, Zeden Jones Construction Manager Starbucks Coffee Company 455 North Point,San Francisco,CA 9413 3 (415)241-0256 x.2293(415)227-9991 fax Page 1 of 1 4 Joy Francois From: Joy Francois Sent: Friday, July 12, 2013 3:55 PM To: 'Tina.neeley@assetmc.com' Subject: Information you requested regarding Starbucks Deposit Attachments: Starbucks 7 12 13.pdf Hello Tina, Attached is the information you requested on the refund of the$20,000 deposit for Starbucks. I will put a hard copy of the letter in the mail to you. Thanks. Joy Joy Francois I Executive Assistant City of Campbell I Public Works Dept. joy_! city..ofca_m..pbe_l_co_m 408.866.2776 ( -"; 408.376-0958 70. N. First Street I Campbell, CA 95008 www.CityofCam Abell.corn 8/1/2013 Of CAkf� U SM01 G - •CR CH Attu July 12,2013 CITY®F CAMPBEL>L. Public Works Department Tina Neeley Asset Management Consultants 12841 Fitzwater Dr. Nokesville,VA 20.181-2734 Dear Ms.Neeley, The City of Campbell is in receipt of your letter dated June 28,2013,.inquiring into the status of Encroachment Permit 2003-00111 for the development of the Starbucks Coffee at 1228 Camden Avenue in Campbell, CA and requesting any funds that are due to be refunded: After review.of the project file,it appears that occupancy of the building was based on a 7-day temporary occupancy permit issued on 9/26/2003. On this date,the City sent a letter to Mr.Zeden Jones, Construction Manager from Starbucks Coffee,outlining outstanding items that needed to be addressed to obtain final occupancy(Attachment 1). The City also received a letter from Mr.Zeden Jones on this date noting that all work on the permit would be complete by 12/31/2003 and the $20,000 deposit would be forfeited if the work was not complete by l/l/2004(Attachment 2). After reviewing the incomplete items noted in the City's letter of 9/26/2003, it appears that the only item that was addressed was item.number four. All of the other items need to be completed before any funds can be returned. In addition,the building department has determined that a parking plan will need to be submitted for approval. Although pursuant to Mr. Jones' letter the$20,000 was forfeited to the City on January 1,2004,we would still be.willing.to return those funds if the.outstanding items are completed. In order for the funds on this project to be returned,the expired building.permit would need to be reactivated and all outstanding items completed. Please contact Bill Bruckart,Building Official,to reactivate your permit. He can be reached at(408) 866-213.0. The City will allow you six months from.the date of this letter to complete these items and finalize your permit. If you fail to complete the items and/or finalize the permit by this date,the deposited funds will remain forfeited to the City. Sincerely, OLisiaetersen Senior Civil Engineer cc: Bill Bruckart File 70 North First Street Campbell, California 95008-1423 TEL 408.866.2150 IrAx 408.376.0958 • TDD 408.866.2790 d Attachment 1 M P 8 ELL `r] '0'?C H A M1O• CITY OF CAMPBELL 1 C.vmtnunity Development Department September 26,2003 Mr.Zeden Jones Starbucks Coffee 455 North Point,2"d Floor San Francisco,CA 94133 Subject: 1228 Camden Avenue-Starbucks Bufldiug Permit No:9L-D2003-978 Final Inspection Dear Applicant, The Planning Division has conducted a final inspection for tenant improvements and on-site improvement for Starbucks Coffeehouse on the referenced property in light of the Planning Commission's Conditional Use Permit approval. Based upon this review the following deficiencies were noted. Prior to the clearance from the Planning Division for occupancy, please submit a letter outlining when these item will be addressed: I- -Parking:Appropriate signing for designation of the disabled parking space. 2. Circulation: Directional pavement markings indicating the southerly driveway as exit only, 3_ Unapproved sign: A small freestanding advertising Copyco needs to be removed or modified to become an exempt directional sign_ 4. Roof grid:The heavy timber roof grid needs to be painted. 5. Public Improvements: Landscaping, sidewalk, driveway and traffic marking improvements indicating "keep clear zones" and directional driveways have not been installed, Please contact me at (408) 866-2144 or via e-mail at timh@citvofcampbe.11.cotn, if you have any questions regarding these items, Since Tim J.Ha � ley Associate Planner cc: Geoff Bradley,Senior Planner Jonathan Ramos,Gettler-Ryan,Inc., 1364 N.McDowell Blvd.,Suite B-2,Petaluma,CA 94954 Sean Murphy, 19990 Glasgow Drive,Saratoga,CA 95070 JAPIan Check Letters\1228 Camden Avenue-Starbueks(5nat),doo 70 North First Street • Campbell, California 95006-t436 ra_408.86d.2140 - rnx 408.971.5140 'nm 408.866.2790 0 Attachment 2 September 26,2003 Edward Arango Associate Civil Engineer Public Works City of Campbell 70 North First Street Campbell, CA 95008-1436 PROJECT NAME: STARBUCKS COFFEE PROJECT LOCATION: 1228 Camden Avenue PERMIT NO.: ENC 2003-00111 RE: Conditions of Temporary Certificate of Occupancy Dear Mr.Arango, The purpose of this letter is to request the issuance of a temporary Certificate of Occupancy so that Starbucks Coffee may open for limited business at the aforementioned address and to confirm our agreement as discussed today at City Mall Starbucks Coffee will be allowed to open for business pending completion of the Street Improvements--- requirements of our Conditional Use Permit being administered by the property owner, Sean Murphy. The following criteria shall be mandated: 1.) A$20,000 refundable deposit will be paid today to further guarantee completion of the project in addition to the bonds that have been posted. 2.) The property owner must gain approval of the current plan submittal,complete all work and attain final inspection no Iater than December 31,2003. 3.) If this matter is still outstanding as of January 1,2004,the City of Campbell will assume responsibility for the street improvements and may retain the$20,000 deposit paid by Starbucks Coffee Company. At that time Starbucks Coffee will only have recourse with the property owner. Feel free to call me as needed on my cell phone(415)606-4908,which is the best way to contact me. Regardless,I will follow up with you on Wednesday,October 1 in anticipation of your plan approval. Thank you for your consideration. Sincerely, Zeden Jones Construction Manager Starbucks Coffee Company 455 North Point,San Francisco,CA 94133 (415)241.0256 Y-2293(415)227-9991 fax ASSET MANAGEMENT ' Consultants 12841 Fitzwater Dr. Phone:(703)5943100 Nokesviiie,Virginia 20191-2734 Fax:(703)594-2187 RM-pest.for Release a Bond Date:Thursday,June 27, 2013 STAR4375 Attn: Ms, Corinne Dept: Comm.Dev.Director's Fax: (408)8715140 Dear Ms. Corinne: We. believe all necessary stabilization_and other work activities have been completed, and that all necessary permits have been obtained,on the project known in your files as: Pile: STARBUCKS Account#: 1012203 Project Description_ PERMIT#2003-000111 Bond Date: 9/26/2003 Project Address: Project#: Bond Type: Receipt##: 161211 Permit#: If this not the case, please forward a list of any nonconforming or not completed items to us for our attention and action. Otherwise, please .refund the deposit held by CAMPBELL, CA. in the amount of $20,000,00 plus applicable interest to: Starbucks Corporation Tax Department ATTN:Paula Borhauer Mr.Brian Ugai 2401 Utah Avenue South Seattle,WA 98135 Please also consider this to be a request for any additional funds held by you for this depositor, that are due to be refunded, excepting such funds as are currently committed to any active construction project. It is our intention to have all eligible funds returned directly to the depositor. Please inform AMC, as agent, of the refund date(s), and copy AMC on all of your correspondence to the depositor. If you have any questions concerning the above,then please feel free to call us at(800)336-1857. Sincerely, Accounting Department Asset Management Consultants coo AsSET MANAGEMENT ZW Canso Itan, ts 12841 Fitzwater Dr. Phone:(703)594-3100 Nokesville,Virginia 20181-2734 Fax, (703)594-2187 Request for Release of Bond Date: Friday, June 29, 2013 STAR43 75 Atto: Ms. Sharon Fierro ]kept: Comm. Dev. Director* Fax: (408)376 0958 Dear Ms. Fierro: We believe all necessary stabilization and other work activities have been completed, and that all necessary permits have been obtained, on the project known in your files as: File: STARBUCKS Account#: 1012203 Project Description: PERMIT#2003-000111 Bond Date: 9/26/2003 Project Address: Project#: Bond Type: Receipt#: 161211 Permit#: If this not the case, please forward a list of any nonconforming or not completed items to us for our attention aed action. Otherwise, please refund the deposit held by CAMPBELL, CA in. the amount of $20,000 plus applicable interest to: STARBUCKS Attn: Paula Borhauer 2401 Utah Avenue South Seattle,WA 98135 Please also ,oazsider this to be a req►zest for any additional funds held by you for this depositor that are due to be refunded, excepting such Hands as are currently committed to any active construction project. It is our intention to have all eligible :funds returned directly to the depositor. Please inform .AMC, as agent, of the refund date(s), and copy AMC on all of, your correspondence to the depositor,. If you have any questions concerning the above,then please feel free to call us at(800) 336-1857. Sincerely,, Mrs. Tina Neeley Accounting Department Asset Management Consultants ........... ......................... EXHIRITC Date- May 2O,201.1 Mr.Jerald E.Jacobs Asset Management CDrisultants of Virginia,Inc. 12841 Fitzwater Drive Nokcsvillc,VA 20 1 8 1-2734 Subject-Starbucks Corporation dba Starbucks Coffee Company and,ldentified Accounts per Schedule A attached Starbucks Federal Employer I D#; 9;-1 235671 Dear Mr-Jacobs: This Icticr will serve as Starbucks authorizatiot-,for Asset Management Camultriniq of Virginia,Inc.("AMC')10 serve as attorney-in-fact on behalf 0fStarbucks Corporation for the sole purpose of recovering certain monetary assets in which Starbucks has a lcgpl or equitable interest and which arc currently held by a local,state or federal governmental entity. There assets may be in the form of credit balances,overpayments,ftusits,guaranties or surefles. AMC is further authorized to take all commercially reasonable actions-necessary to effect the recovery orskicb ftS,Sets On Starbucks behal„including preparing and submitiing any documents requesting their release to the custodian of suck assets. STARSUCKS CORPORATION By Print Name; Brien Ugai Title, vp,tax§and custom STATE OF WASHINGTON )5s COUNTY OF KING On this,?�_ day of 2013,the foregoing Letter oC.Aurhofization was personaily acknowledged and si— d a Notary Public,in my presence and jurisdiction aforesaid,by Brian Ugni,vp ,h,tf.fSt4.r�.cll of tax and customs n bphDtf of Starbucks Corporation,a person known by me,who did first aftirm in my presence that the same was done voluntarily and of her/his own fom will. NOTARY PUBL IC in and for t e State of ti Washington residing at jF ONO zo My commission expires; A tP 0 vo, Z <, _-0 Z fill, 1111Q,W W n,�,:os+nr,;,.�::•:•:: r.o. ��:.::::....,:�;.!;;,,. r,a,,:,,r•..•..:,,,a;niyv,,..•.e,•aa:,:•!'•, .. •.t l::•.ru:�i�:raal.p��.,:r. . . ..,,., •Kr.. ,:.Iff•:i:':'.,i�pn'.•;•r• i,.:.p1..�+,.• ..v .,...r ... .. ,.... . $CHP-PULE A AMC has identiBcd accoanm belonging to Starbucks under the Following variations of Starbucks name: I STARBUCKS 2 STARBUCKS COFFEE 3 STARBUCKS COFFEE CO 4 STARBUCKS COFFEE COMPANY 5 STAnUCKS CORP G STARIIUCKS CORP—DBA STA"UCKS COFFEE CO 7 STARBUCKS CORPORATION The following irregular variations of the Starbucks name represent accounts which AMC has idcntificd and which may belong to Starbucks: 1 G0LDZN 8FAP STAR BUCKS 2 S'T'ARSUCKS I LYNN LLC 3 STARBUCKS COFFEE COMPANY#10174 4 STARBUCK$IFJENRY PESNIKOFF ASSET AGEMENT WNSU TANTS °' STARBUCKS CORPORATION r� By By — Prin me Print Name; 96an Ugal Title T ille: vp,lac and customs BONM FOR LABOR AND MATERIAL BOND 190. 183745 ENCROACHMENT PERNUT NO. ,gQ0J_E74j/l PREMIUM: INC. IN PERF. SEAN P. MURPHY AND LAURA L. MURPHY, TRUSTEES OF We, the undemigned THE MURPHY TRUST, CREATED ON NOVE4 nj?r 2002principal") and AMERICAN CONTRACTORS IND., a corporation organized under the .laws of the State of CALIFORNIA and authorixcd to transact businl;ss in the State of California,as Surety,are obligated to the City of Campbell (liereinafte r_City").a municipal corporation under the law:i of &.tie State of California, in the sum of TWENTY THOUSAND AND NO/100__ Dollars(f*20,000.0%1l'ur the paymie-ni of which sum we obhgote ourselves and our successors and assigns,jc,inJy and severally by the following provision;: The condition of this obligation is that the Principal entered, or is about to enter, into a certain written I:ncroazhmcnt Permit with the City dated 20 , which said Encroachment Permit No. is hereby referred to and made a Pan bcrcof• Because Principal is required to famish a bond in connection with the Encroachment Permit, providing t:inl if Principal,or any of its subcontraciors,shall fail to pay for any materials, or oth-.*r supplies. or for any work or labor on the pe•rmiue,l work of unv kind, or for amounts due under The unemployment insurance act widi respect to any work or labor on this project,the Surer,,on this bond will pay for the debt, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon the bond, a rcasonable attorneys fee to he fixed by the court. SEAN P. MURPHY & LAURA L MURPHY, TRUSTEES OF Now, thcrcfure, we, THE MURPHY TRUST, CREATED 11/12/02 1 as Principal, AdND AMERICAN CONTRACTORS IND. , as Surcty, arc obligated to the City of Campbell, and all contr i_tars, subcontractors, laborers, rri5tciial men and other persons employed in the performance of the aforesaid ageemrnt in the sum of TWENTY THOUSAND AND N0/100 Dollars (9*20,000.9,0?awful money of t.lac United Suies, for the payment of whicli sums xvill and truly to he made, we the said Principal and Surety bind otnselvcs,successors and assigns,jointly.aid sev.,rally, by these provisions. The cundiuon of this cbligation is that if Principal, its successors or assigns, or its subcontractor,or subs Detractors, shill fail to pay for any labor,material:, or other supplies, used in the performance of the work perrruttcd to be done,or for wnuunts due under the unempinymeni w..urance act with respect to this work ar labor, then the Surety on that bond will pay for th,;ii, in an amount not exceeding the sum specified in this bond, and in case suit is brought upon this bond will also pay a reicnnahle aar,rnay's fee, to he fixed by cite court. Venue for any action arising out of this obligation shall lie in the County of Santa Clara,State of Cali'Iirnia. IT is expressly sttpulatcd and agrccd that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims unde,•Titic 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, ;o as.to give a right of a::tion to thein or their assigns in any suit brought upon tliic hond. Should the condition of this bond be fullj performed, then this obligation shall become null and void, otherwise h shall be and remain in full force and effect. No prupaynient or delay in payment and no changes, cxrcnsions, addition or alteration of arty provision of said Encroachment Permit or in any plaits and-specificadons referred to herein, and no forbearance an the part of the City shill operu:c to rticasc the Surcty from liability oa this bund, and cotisent to make such alterations without further notice to or consent by the Sure is hereby given, and the Surety hcrcfy u,taivcs thc.Provisions nf Secainri 2fi19 of the Civil Code of the Srarc of California. in witnesS,the pni•ties have executed this agreement as of AUGUST 13, ,20 03 By Titic ��•��- DEJ �'�.,�✓��__� _. - - Addrwcs of Surety: 9841 AIRPORT BLVD., 9TH FLOOR Attach Aclmowlcdemmts LOS ANGELES, CA 90045 Both Principal':;and Surety's _ Attorney in Fact) Surety's Boud Number 183745 (Accompany this bond with atwrnCy-in-f:act's authority fti,,n Suety t, exccut the bond, icriiriul it) iuvlu6v the dace of tlic boudo j:\forms\cncroa,:htnent pen rm.I ni hond rev 6_03) American Contractors Indemnity,Company 9841 Airport Blvd.,9th Floor,Los Angeles,California 90045 G 3- 5 J 7 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California,a California corporation does hereby appoint, Debbie Evans or Sophen La Its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed$ ***$j 5()0,000-00 Dollars*** • This Power of Attorney shall expire without further action on September 27,2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board'of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. "RESOLVED that the Chief Executive Officer, President or any Vice President, Executive lice President, Secretary or Assistant Secretary, shall have the power and authority 1. To appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time,any such Attorney-in-fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be axed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 1st day of September,2000. `o�q�CT0,tr AMERICAN CONTRACTORS INDEMNITY COMPANY INlORP01tATED a SEPT.2611990 c 0 � By: Cq( Andy T.Faust,Jr.,Corporate President STATE OF CALIFORNIA § COUNTY OF LOS ANGELES § On this 1 st day of September,2000 before me,Norma J.Virgilio,a notary public,personally appeared Andy T.Faust,Jr.,Corporate President of American Contractors Indemnity Company,to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. AdczzkNORMA J,%OIf8GIL10 WITNESS my hand and official seal _ Commission#1322310 Z Notary Public-California z Los Angales County orma J.Virgilio,Nota ' '" �'22>0S N I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF,I have hereunto set my hand this 11THday of AUGUST , 2003 Bond No. 183745 Agency No. #9005 JAMES H. FERGUSON orporate Secretary rev.POA04/20/01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF ALAMEDA ) On AUGUST 13, 2003 before me, ZUL_MA NAVARRO, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G..,"JANE DOE,NOTARY PUBLIC" personally appeared, DEBBIE EVANS personally known to me to be the person(y)whose name(y)islessubscribed to the within instrument and acknowledged to me thatJx/she)MWexecuted the same in%Wher/1oixauthorized capacityQin4, and that by l /her/SMsignature(�)L on the instrument the person(, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. 1� ZULMA NAVARRO n1r1U�''�5�' (SE,4I ) Q 70 NOTARYPU UC-CALIFORNIA NOTARY PUBLIC IGNA RE ALAMEDA COUNTY O S COMM.W.MARCH Y8.40071 OPTIONAL, INFORMATION THIS OPTIONAL BVFORMATION SECTION IS NOT REQUIRED BYLAW BUT MAY BF.BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED DOCUAfENT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE SIGNER'S NAME DEBBIE EVANS SIGNER'S NAME ----------NONE----------- RIGHT THUMBPRINT RIGHT THUMBPRINT P CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �v� ss. ( County of e� C eZ�c1�1 I On G� me, � before .�A 6 Date Name and Title of Officer(e.g.,"Jan? oe,Notary Public") personally appeared Nam )of Signer(s) Oproved ersonally known tome to me on the basis of satisfactory 10 evidence to be the person() whose name() is/af subscribed to the within instrument and ) acknowledged to me that he/s,i,- ey executed the same in his/hefA4@4- authorized I capacity(ies), - and that by his/fir I signature()on the instrument the person(l), or ) the entity upon behalf of which the person(s) -) acted, executed the instrument. 1 WIT ESS my hand a icial seal. Place Notary Seal Above Sig ature of Notary Public ( OPTIONAL. Though the information below is not required by law,it may prove valuable to persons relying on the document ;I and could prevent fraudulent removal and reattachment of this form to another document. o �1 Description of Attached D ument ✓ Title or Type of Document: Z cd ` I Document Date: Number of Pages: -1 Signer(s) Other Than Named Above: I �l ( Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ) ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ;) ( ❑ Other: ) l Signer Is Representing: (f ©1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 ' DUPLICATE ORIGINAL \JP V'�`� `� BOND FOR FAITHFUL PERFORMANCE ENCROACHMENT PERMIT NO. V)0 n -00111 BOND NO. 183745 SEAN P. MURPHY AND LAURA L. MURPHY, TRUSTEES PREMIUM $1,000.00 We,the undersigned OF THE MURPHY TRUST, (hereinafter"Principal")and AMERICAN CONTRACTORS TNDF'MANTTY CO_ CREATED orporation organized under the laws of the State of CALIFORNIA , and authorized to transact business in the State of California, as Surety, are obligated to the City of Campbell, (hereinafter"City") a municipal corporation under the laws of the State of California,in the sum of TWENTY THOUSAND AND NO/100 Dollars ($**20,000.00 )for the payment of which sum we obligate ourselves and our successors and assigns,jointly and severally by the following provisions: The condition of this obligation is: Because the obligated Principal has,on ,20 ,entered into written Encroachment Permit with the City for the Project, a copy of which Encroachment Permit is attached and made a part of this bond, for construction of Project STREET IMPROVEMENT AGREEMENT PLN 2003-069 Now, therefore;if the Principal shall faithfully perform the work in accordance with the plans, specifications and permit documents during the original term,and any extensions of the permit which may be granted by the City,with or without notice to the surety,and if it shall satisfy all claims and demands incurred under the permit,and shall fully indemnify and save harmless the City from all costs and damages which it may suffer by reason of failure to do so,`and shall reimburse and repay the City all outlay and expense which the City may incur in curing any default; then this obligation shall be void;otherwise to remain in full force and effect, with surety obligated to secure the full and faithful performance of all of Principal's obligations under the attached Encroachment Permit. If any legal action be filed upon this bond,it shall be filed within one year after final payment has been made under the Encroachment Permit excluding the warranty period, if any,provided for in the Encroachment-Permit, and venue shall He in the County of Santa Clara, State of California, and that surety,for value received stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Encroachment Permit or to the work to be performed under it or the specifications accompanying it shall in any way affect its obligation on this bond, and it does by this means waive notice of any change, extension of time, alteration or addition to the terms of the Encroachment Permit or to the work or to the specifications, and thereby waives the provisions of Section 2819 of the Civil Code of the State of California. In witness,the parties have executed this agreement as of AUGUST 13 ,20 03 (Prin By Title OWNERS (Surety) AMERICAN,?CO ORS INDM4ITY CO. Y m/ DEBBIE 'EVANS, ATTORNEY—IN—FACT A ress.,of Surety: 9841 AIRPORT BLVD., 9TH FLOOR, LOS ANGELES, CA 90045 (Attach Acknowledgements) Surety's Bond Number 183745 (Accompany this bond with Attorney-in-facts (Both Principal's and authority from Surety to execute the bond, Surety's Attorney in Fact) certified to include the date of the bond.) OAformAencroachment permit pert bond rev 6_03) American Contractors Indemnity Company 9841 Airport Blvd.,9th Floor,Los Angeles,California 90045 1 -15 5 8 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California,a California corporation does hereby appoint, Debbie Evans or Sophen La Its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed$ ***$j 500 000 0(1 Dnllarc*** . This Power of Attorney shall expire without further action on September 27,2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. "RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have the power and authority 1. To appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney-in fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be axed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 1 st day of September,2000. Dkr'' AMERICAN CONTRACTORS INDEMNITY COMPANY 5 INCORPORATED SEP126,1990 o By: Cq �A� Andy T.Faust,Jr.,Corporate President STATE OF CALIFORNIA § COUNTY OF LOS ANGELES § On this 1st day of September,2000 before me,Norma J.Virgilio,a notary public,personally appeared Andy T.Faust,Jr.,Corporate President of American Contractors Indemnity Company,to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. NC)RMA J,VIRGILIO WITNESS my hand and official seal Commission#1322310 = Notary Public-California z Los Angeles County Norma J.Virgilio,Notary"' MYCOMIMEViles �• `' I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF,I have hereunto set my hand this 13THiay of AUGUST 200 3 Bond No. 183745 _ Agency No. #9005 �JAMES H. FERGUSONYCorporate Secretary rev.POA04/20/01 'F . s . CALIFOP�NIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF ALAMEDA ) On AUGUST 13. 2003 before me, ZULMA NAVARRO, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G..,"JANE DOE,NOTARY PUBLIC" personally appeared, DEBBIE EVANS personally known to me.(� to be the person(y)whose name(x)is/ subscribed to the within instrument and acknowledged to me that Jx/she/&Wexecuted the same inAft/her/flidx authorized capacity(.laj, and that by h%/her/d*Zsignature(X) on the instrument the person(, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. ZULMA NAVARRO� corrm,� #140771 o ` ! UNTY 4}-�`—' ® NOTARY PUBLIC-CALWORNIALM s (SEAL) 2 COMM E7(PALAMEDMARCOH 28 2007 N R PUBLIC Sl NATPJ. OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BYLAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED DOCUMENT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE SIGNER'S NAME DEBBIE EVANS SIGNER'S NAME ----------NONE----------- RIGHT THUMBPRINT RIGHT THUMBPRINT a f . eAtdmR:.n3. CALWORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 7 ss. County of On 0, before me, V Date Name and Title of Officer(e.g.,"Jane Doe,N1161y Public") personally appeared 1� Name(S/bf signer(s) El personally known to me 1-6proved to me on the basis of satisfactory evidence to be the person(j) whose name() is/af-,--- subscribed to the within instrument and MARLENE K.POMEROY acknowledged to me that he/s4eA4&y executed Comma#1412194 J NOtOrY PUbIL--C;aftM1a the same in his/hef4h& authorized Santa Clara capacity(iers), and that by his/her4fiielr- Countv I *,my COMM.EM*w May 6.2007f signature(§) on the instrument the person($), or the entity upon behalf of which the person(t) acted, executed the instrument. WITNESS my hand icial seal. Place Notary Sea[Above Si nature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached D cument Title or Type of Document: 7 de Document Date: 4EC ,-Ze"g 311 Number of Pages: C/ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: El Individual Top of thumb here El Corporate Officer—Title(s): El Partner—El Limited El General El Attorney in Fact El Trustee Ll Guardian or Conservator El Other: t, Signer Is Representing: 0 1997 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth.CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 GREENWOOD & 1V Ovi?,E, INC. LETTEIK OF TRANSMITTAL 3111 CASTRO VALLEY BLVD.,SUITE 200 CASTRO VALLEY, CALIFORNIA 94546 DATE: MAY 5,2004 JOB NO: 2004.019 ATTENTION: EDWARD ARANGO OFFICE: (510)581-2772 RE: 1228 CAMDEN AVENUE FAX: (510) 581-6913 ENCROACHMENT PERMIT NO. 2003-00111 TO: CITY OF CAMPBELL/PUBLIC WORKS DEPT. P-3N + 70 NORTH FIRST STREET C Lp CAMPBELL,CA 95008 IUIHI 1✓ i"UL LIC WC)RKS WE ARE SENDING YOU ® Attached ADMINISTRKYiON SHIPPED VIA: ❑ U.S.Mail ® Fed-Ex ❑ UPS ❑Hand-Carry ❑ Pick-Up By Client ❑ Courier ❑ Blueprinters COPIES DATE NO. DESCRIPTION 1 MYLARS OF REVISED IMPROVEMENT PLANS, SHEETS C 1-C4 1 PLAN CHECK RESPONSE LETTER THESE ARE TRANSMITTED as checked below: ® For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ® As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ Forbids due: , 19 ❑ Prints returned after loan to us REMARKS: 2 zZ COPY TO: SIGNED: DOUG RODGERS,SENIOR PROJECT MANAGER I� ENCROA----MENT PERMIT ISSUANCE CHECK LIS`' ., k; City of Campbell Encroachment Permit No. 3-i2V IP Department of Public Works Tract No. Address: 17— Man rlc ✓� ITEMS REQUIRED FOR PERMIT APPLICATION: ✓ Applicant section complete Ll_� Applicant signature and date(front and back) V' Permit Application Fee$260.00 paid-Receipt Number Engineer's Estimate Submitted Plan Check Deposit Paid(2%of Engineer's Estimat ,$500 n) Receipt Number Five Sets of Grading and Drainage Plans Five Sets of Improvement Plans Submitted Check Lists ITEMS RE UIRED PRIOR TO PUBLIC WORK CLEARANCE FOR BUILDING PERMITS sz. "rnen i j/ Plan Check&Inspection Fee: If Engineer's Estimate<$250,000,then 13%of Engineer's Estimate. If Engineer's Estimate>$250,000,then Actual Cost+20%. (Deposit of 8%of=)2A::: er's Estimate required;$30,000 minimum deposit). Amount$ 2,6,U0 ' Receipt No. — I ✓ Security for Faithful Performance and Labor and Materials,.100%each of Engineer's stimate,supplied or paid. Amount$ Z a- Form a Form T6(),r�1U I.D.#_ u'S Security for Monumentation Amount$ Receipt No. V***' Construction Emergency Cash Deposit: 4%of Engineer's Estimate. ($500 minimum,$10,000 maximum) I Amount$ `�� Receipt No. I j k Storm Drainage Area Fee Amount$ Receipt No. Right of Way Documents Completed and Fees Paid. 15T `b/-A3 Worker's Compensation Insurance Information Sheet Received for Applicant. =' c)/s�� All other Public Works requirements listed in the Conditions of Approval of the development. ON Other Fees,Payments,Deposits Amount$ Receipt No. 1 ITEMS REQUIRED PRIOR TO ISSUANCE OF ENCROACHMENT PERMIT: 1 1 Contractor's signature added to the permit application(front and back) Worker's Compensation Insurance Information Sheet received from Contractor. Certificate of Insurance with Additional Insured's Endorsement received from Applicant or Contractor. i _ One mylar set and four blueline sets of off-site plans signed by licensed engineer,stamped APPROVED FOR CONSTRUCTION. Permit signed by City Engineer. v ALL OF THE ABOVE ITEMS ARE COMPLETE,PERMIT MAY BE ISSUED. Initial and date and file with permit. UPON ISSUANCE,INITIATE CHECK REQUEST FOR PLAN CHECK DEPOSIT REFUND s\pmtcklst rev.7/17/02 I I GREIAVOOD MOORS, INC. Civil Engineers Land Surveyors • Designers • Planners RECEIVED - - APR 15 2004 April 13, 2004 HUBLIC WORKS ADMINISTRATION Edward Arango,P.E. '5141b� Associate Civil Engineer City of Campbell 70 North First Street `tic� Campbell, CA 95008 � Subject: Street Improvement Plans 1228 Camden Avenue Encroachment Permit No. 2003-00111 Dear Mr. Arango: The following are our responses to the comments contained iii your initial review plan check letter for the above referenced project, dated April 8, 2004. Our responses are keyed to the category headings and numbering system used in your letter: General Comments: 1. Revisions have been made per the redlined Mans. The redlined plans are returned herewith. Sheet 2: 1. Project Notes 11 and 12 have been edited on plan. 2. Note 8 has been keyed to the southerly driveway only. Note 15 has been added to clarify that the northerly driveway is to remain. 3. A cross section at proposed landscape parkstrip has been shown on plan. 4. Project Note 14 stating that the contractor shall cap existing electrical line in landscape area per City of Campbell Detail 11 has been added to plan. Said detail has been added to Sheet C3 (Detail 6). 5. Driveway dimension and driveway hatching per legend have been added to plan. 6. Conceptual locations for irrigation lines have been added to the plan. Also, Project Note 15 has been revised accordingly. 1 • Office: 510 581-2772 Toll Free: 877 581 2772 Facsimile: 510-581-6913 3111 Castro Valley Blvd. Suite 200 Castro Valley California 94546 www.greenwoodmoore.com — 7. Additional comments have been added to plan. Sheet 3: 1. Detail 5 has been revised to show 4 foot driveway flares/wings. 2. City of Campbell Detail 11 has been added (see Detail 6) I hope that the submitted materials and above responses adequately address your comments. Please contact me if you have any further questions. ery truly yours, Dougl s R ers ?T Senior Project Manager N:\OJobFiles\2003\2004.019-1228 Camdoen Avenue\P1anCheckResponse(4-8-04).doc 2 O V e q Aye - Edward Arango,P.E. Associate Civil Engineer U ,, City of Campbell 0 0 70 North First Street y� ti Campbell,CA 95008 o R C H AR9 Phone: (408)866-2166 Fax:(408)376-0958 E-Mail:EdwardA@ci.campbell.ca.us Transmittal To: Jeffery Morre Date: April 8,2004 Company: Greenwood&Moore,Inc. Address: 3111 Castro Valley Blvd.,Suite 200 Castro Valley, CA 94546 Re: 1228 Camden Avenue—Public Works Comments ❑ Urgent 0 For Review ❑ Please Comment Q Please Reply ❑ Please Recycle 0 Enclosures:, 1. Public Works' comments 2. Redlined street improvement plans • Comments: Jeffery,Public Works' comments for your review.Please revise the plans and provide redlined plans with your resubmittal. Please contact me if you have any questions or comments. Thank you. J:\LandDev\PIan Check Comments\Camden 1228 Trans.DOC 1228 Camden Avenue Plan Check Comments April 8, 2004 Street Improvement Plans: General Comments Please return redlined plans with your resubmittal. Sheet 2 ✓1. Project Notes 11 and 12: edit per plans. ✓Z' Layout reference to note 8: note refers to new driveway approach. The northerly driveway will remain as is. Provide cross section at proposed landscape parkstrip. 'vz( Identify and provide a note stating that contractor shall cap existing electrical line in landscape area per Detail 11 (see attachment). Provide the detail on the plans. .,9"' Dimension driveway length and use hatching of driveway per legend. vX Coordinate with on site landscaping and show irrigation lines to street trees and sod. See plan for additional comments. Sheet 3 ,,/1! Change Detail 5, driveway detail, to show 4 foot driveway flares/wings. Include Detail 11 (attached) on this sheet. End of comments JALandDev\P1an Check Comments\Camden 1228 chkldoc GREENWOOD &MGur�E,INC. LETTEk OF TRANSMITTAL 3111 CASTRO VALLEY BOULEVARD,SUITE 200 DATE: 3/12/04 JOB NO. 2004.019 CASTRO VALLEY,CALIFORNIA 94546 RE: PLANS OFFICE: 510-581-2772 FAX: 510-581-6913 ATTENTION: EDWARD ARANGO TO: CITY OF CAMPBELL TELEPHONE: 408-866-2166 70 NORTH FIRST ST. CAMPBELL,CA 95008 WE ARE SENDING YOU ❑ Attached SHIPPED VIA: ❑ U.S.Mail ® Fed-Ex ❑ UPS ❑Hand-Carry ❑ Pick-Up By Client ❑ Courier ❑ Blueprinters COPIES DATE NO. DESCRIPTION 1 ORIGINAL PLANS VA H Izoo AD�ll�w® ahm THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As Requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment REMARKS: COPY TO _ SIGNED JEFF MOORE NAFomuW DM-118(LetterO frransmittal).DOC GRE MOOD & MOORE, INC. Civil Engineers • Land Surveyors Designers Planners March 10, 2004 RECEIVE® Mr. Edward Arango MAR 12 Associate Civil Engineer 2004 City of.Campbell PUBLIC W,, 70 North First Street � � , Campbell, CA 95008 Re: Street Improvement Plan-- 1228 Camden Avenue Campbell, CA Encroachment Permit No: 2003-00111 G&M Job No: 2004.019 Dear Mr. Arango, I would like to take this opportunity to present you with three copies of the revised street improvement plans for the above referenced project. Also included are the original red-line plans provided by your office. Thank you for your attention to this matter. If you have any questions or require additional information, please do not hesitate to contact me. Sincerely, f 0 000 ee, P.E. dent N:\0;obFiles\2004\2004.019-Starbucks(Campbell)\2004.019-Letter to City.doc Office: 510-581-2772 Toll Free: 877-581-2772 Facsimile: 510-581-6913 3111 Castro Valley Blvd. Suite 200 Castro Valley California 94546 www.greenwoodmoore.com GREENWOOD &MO iinE,INC. LETTEk JF TRANSMITTAL 3111 CASTRO VALLEY BOULEVARD,SUITE 200 DATE: 3/11/04 JOB NO. 2004.019 CASTRO VALLEY,CALIFORNIA 94546 RE: OFFICE: 510-581-2772 FAX: 510-581-6913 ATTENTION: EDWARD ARANGO TO: EDWARD ARANGO TELEPHONE: 415-241-02586 X2293 70 NORTH FIRST ST. CAMPBELL,CA 95008 WE ARE SENDING YOU ❑ Attached SHIPPED VIA: ❑ U.S.Mail ® Fed-Ex ❑ UPS ❑Hand-Carry ❑ Pick-Up By Client ❑ Courier ❑ Blueprinters COPIES DATE NO. DESCRIPTION 3 SHEET IMPROVEMENT PLANS(SHEET Cl) 1 LETTER MAR 12 2004 PUB 0 WORKS THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As Requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment REMARKS: COPY TO _ SIGNED JEFF MOORE NAF0omis\ADM-118(Letter0ff mnsmitta1).D0C ! Is. btOI GdVW41"t ; -_- ' DOCUMENT: 17--,)096 Pages: 11 J We mum OF CtTy op 444 Fees. . . . . No Fees Recording Requested by: j s. CopTaxes. . . City of Campbell ) AMT PA I D BRENDA DAV.IS RDE # 012/16A When recorded mail to: ) SANTA CLARA COUNTY RECORDER 9/23/2003 Recorded at the request of 8:52 AM City Clerk ) City City of-Campbell ) 70 North First Street ) Campbell, CA 95008 ) APN: 414-01-001 (Space above this line for Recorder's use only.) ADDRESS: 1228 Camden Avenue,Campbell,CA STREET IMPROVEMENT AGREEMENT RECITALS THIS AGREEMENT, identified by File No. PLN 2003-069, is entered into this day of 2003,. by and between Sean P—Murphy and Laura L. Murphy, rtistees of the Murphy.Trust, created on November 12, 2002, hereunder referred to as "Owner," and the CITY OF CAMPBELL, a municipal corporation of the Countyof Santa Clara, State of California, hereinafter referred to as "City." On July 22; 2003 the Planning Commission granted conditional approval pursuant to Resolution No. 3520 for PLN 2003-069 for that certain real property described in Exhibit A attached hereto and incorporated 'as though fully set forth herein, and commonly known 1228 CAMDEN AVENUE, which property is hereinafter referred to as "said real property." TERMS AND CONDITIONS Now, therefore,,in consideration of the above referenced approvals, and in satisfaction thereof, the parties to this Agreement shall comply with the following terms and conditions: (1) The Owner shall provide, construct and install at his/her own proper cost and.expense, street improvements as described in Section)11.24.040 of the City Code within 12 months from the date first mentioned hereinabove; provided, however, that in the computation of said 12 month period, delays due to, or caused by acts of God,viz., unusually inclement weather, major strikes, and other delays beyond the control of the Owner or his/her successors shall be excluded. (2) If the Owner fails to complete the work required by this Agreement within the said 12 month period, the City, after giving ten (10) days written notice to the Owner, or his/her successors, may construct and/or install said improvements and recover the full cost and expense from the Owner, or his/her successors. ' 1 l STREET ROPROVEMENT PLANS (3) The Owner, shall cause to be prepared at his/her cost and expense street improvement plans for the construction and 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. (4) All of said improvements embraced in this Agreement shall be constructed and installed in accordance with the plans approved by the City Engineer and shall be made under the 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 all applicable plans, specifications, standards, sizes, lines and grades approved by the City Engineer, and all State and County statutes: Upon completion and acceptance of the improvements by the City, the Owner, shall provide reproducible as- built plans to the City Engineer. PLAN CHECK AND INSPECTION FEE (5) Prior to approval of the plans by the City Engineer pursuant to Section (3) of this Agreement, Owner, or his/her successors, shall pay the City for plan checking of improvement plans, field inspection of construction of improvements and all necessary expenses incurred by City in connection with said improvements, a sum calculated in accordance with Resolution No. 10014 as adopted by the City Council on May 7, 2002, or as may subsequently be adopted by the City Council. FAITHFUL PERFORMANCE SECURITY .(6) The Owner, or his/her successors, shall file with City, prior to beginning construction, security acceptable to the City in amount equal to the City Engineer's estimated cost of the street improvements to ensure full and faithful performance of the construction of all the aforementioned improvement work. Said security shall guarantee that Owner, and his/her 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 security shall remain in effect until one (1) year after date of final acceptance of said improvements by City. Said security amount may be reduced by the City Engineer in his/her sole discretion after the date of final acceptance to not less than twenty-five (25)percent of its full value. (7) Upon final release of said security by City, the obligations of Owner, and his/her successors, contained in this Agreement shall be considered null and void, except as otherwise provided by applicable law, or Sections 12 or 13 of this.Agreement. FORMATION OF A SPECIAL ASSESSMENT (8) The Owner, when called upon by City to do so, shall execute a petition for the formation of any special assessment district created pursuant to any special assessment act as 2 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. Owner, or his/her successors, shall participate in and become a part of any special assessment district as described in Section (8) of this Agreement. (9) The Owner's, or his/her successors' obligations, 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. RIGHT-OF-WAY ACQUISITION (10) Owner at his/her own cost and expense, shall acquire any easement and right-of-way within or without said real property necessary for the completion of the improvements . shown upon aforesaid improvement plans. 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, 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. (11) The Owner, shall carry out any and all negotiations with all interested parties and shall perform or cause to be performed at his/her 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 lines within or without the boundary of said real property. INDEMNITY AND INSURANCE (12) The Owner, and his/her successors, to the fullest extent permitted by law, shall indemnify, defend and hold the City of Campbell, the City of Campbell Redevelopment Agency, and its agents, employees, attorneys, officers, officials and assignees harmless from any and all claims, actions, causes of action, liabilities, damages, losses and expenses, including, but not limited to, attorneys' fees, arising out of, or resulting from, or alleged to arise out of or result from any negligent or intentional act or omission (including misconduct) of said Owner, or his/her 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, except for any claims, actions, causes of action, liabilities, damages, losses and expenses proximately caused by the sole negligence or willful misconduct of the City. (13) The Owner, and his/her successors, shall also indemnify, defend and hold the City of Campbell, the City of Campbell Redevelopment Agency, and its agents, attorneys, employees, officers, officials, and assignees harmless against and from any and all claims, actions, causes of action, liabilities, demands, losses, lawsuits,judgments, damages, costs and expenses (including, but not limited to, attorneys' fees and court costs, whether 3 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, or alleged to result from the failure of Owner, or his/her heirs, assignees, successors, grantees, agents, employees, subcontractors, or anyone performing services under him, to fulfill any of the obligations imposed under this Agreement, except for any claims, actions, causes of action, liabilities,judgments, damages, costs and expenses proximately caused by the sole negligence or willful misconduct of the City. (14) The Owner and his/her successors shall also indemnify, defend and hold harmless the City; the City' of Campbell Redevelopment Agency, and its agents, officers and employees from any claim, action, or proceeding against the City-or its agents, officers or� employees to attach, set aside, void or annul an approval of the City, its City Council, Planning Commission, Community Development Director, Public Works Director, Building Official, City Engineer, or other such City official concerning a.subdivision, . which action is brought within the time period provided for in California Government Code Section 66499.37. (15) The City will promptly notify the Owner of any claim, action or proceeding to attack, set aside, void or annul any approval concerning a subdivision of said real property, and will cooperate fully in the defense. (16) Owner and his/her/its successors shall maintain insurance for injuries to persons or damage to property conforming to the following specifications: A. Minimum Scope of Insurance: Coverage "shall be at least as broad as: 1. Insurance Services Office (ISO) CGL form CG 00 01 11 85; and 2. ISO form G0009 11 88 Owners and Contractors Protective Liability Coverage Form—Coverage for Operations of Designated Contractor; and 3. Course of Construction Insurance covering all risks of loss; and 5 4. ISO CA 00 0106 92 including symbol 1 (Any Auto); an 5. Workers' Compensation insurance as required by the Labor Code of the State of California and Employer's Liability insurance. B. Minimum Limits of Insurance Owner shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily, personal injury and-property.damage. If Commercial General .Liability Insurance or other, form with a general aggregate limit is used, either the general -aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required 4 occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by .the Labor Code of the State of California and Employer's Liability limits of$1,000,000 per accident. C. Deductible and Self-Insured Retention Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, the City of Campbell Redevelopment Agency, its agents, officers, attorneys, employees, officials and volunteers; or the Owner shall procure a bond guaranteeing payment of losses related to investigations, claim administration, and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverage: a. The City, City of Campbell Redevelopment Agency, its agents, officers, attorneys, employees, officials and volunteers are to be covered as insureds as respects: liability arising out of activities related to this Agreement performed by or on behalf of the Owner, products and completed operations of the Owner, premises owned, occupied or used by the Owner, or automobiles owned, leased, hired or borrowed by the Owner. b. The Owner's insurance coverage shall be primary insurance as respects the City, City of Campbell Redevelopment Agency, its agents, officers, attorneys, employees, officials and volunteers. Any insurance or self-insurance maintained by the City, City of Campbell Redevelopment Agency, its agents, officers, attorneys, employees, officials and volunteers shall be excess of the Owner's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, City of Campbell Redevelopment Agency, its agents, officers, attorneys, employees, officials, and volunteers. d. The Owner's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 5 e. Coverage shall not extend to any indemnity coverage for the active negligence of the City in any case where an agreement to indemnify the City would be invalid under Subdivision (b) of Section 2782 of the California Civil Code. 2. Workers' Compensation and Employer's Liability Coverage: The insurer shall agree to waive all rights of subrogation against the City, City of Campbell Redevelopment Agency, its agents, officers, attorneys, employees, officials, and volunteers for losses arising from work performed by the Owner for the City. 3. Course of Construction Coverage: Course of Construction policies shall contain the following provisions: (a) the City shall be named as loss payee; and (b) the insurer shall waive all rights of subrogation against the City. 4. All Coverages: Each insurance policy required by'this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers Without limiting Owner's indemnification provided hereunder, Owner shall take out and maintain at all times during the life of this contract, up to the,date of acceptance of the work by the City, the policies of insurance listed in"Paragraphs 12 through 16 of this Agreement. Insurance is to be issued by an issuer with a current A.M. Best Rating of AN II and be authorized to transact business in.the State of California, unless otherwise approved by the City. F. Verification of Coverage Owner shall furnish the City with certificates of insurance evidencing coverage required by this clause. The-certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms provided by the City. Where by statue, the City Workers' Compensation related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates are to be . received and approved by the City before work commences. G. Subcontractors. Owner shall include all subcontractors as insured under its policies or shall furnish separate certificates by each subcontractor. All coverage shall be subject to all of the requirements stated herein. 6 MUTUAL BENEFIT COVENANTS BINDING ON HEIRS, ASSIGNEES, SUCCESSORS, AND GRANTEES OF OWNER (17) 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 1228 CAMDEN AVENUE, and the City's property, commonly described as CURTNER AVENUE and CAMDEN AVENUE 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, assignees, successors, grantees and agents of the Owner to said real property. UNVESTED INTERESTS (18) Nothing contained herein shall be construed to transfer any unvested interests in real or personal property for purposes of the rule against perpetuities. BREACH OF CONTRACT (19) The City, upon breach any of the terms, conditions, or covenants of this Agreement by the Owners, shall be entitled to recover from the Owner, in addition to any other relief available in'law or equity, all costs and compensation incurred in attempting to obtain enforcement of the Agreement, including reasonable attorneys'fees and court costs: ENTIRE AGREEMENT.BINDING (20) This is the entire Agreement between the parties, and there are no representations, agreements, arrangements or understandings that are not fully expressed herein. This Agreement can be executed in counterparts by the parties hereto, and as so executed shall consist of one agreement, binding on all parties. PRELWINARY PLANS (21) Owner shall provide and construct public street improvements per preliminary plans titled "STREET IMPROVEMENT PLANS — OFFSITE — 1228 CAMDEN AVENUE," which are subject to approval by the City Engineer, prepared by Frank Oldham Architect. 7 IN WITNESS WHEREOF, said City has caused its name to be affixed by its Public Works Director and City Clerk, who are duly authorized by Ordinance 1951 adopted September 2, 1997, and said Owner has caused his/her name to be affixed the day and year first above written. SEAN P.MURPHY AND LAURA L.MURPHY, TRUSTEES OF THE MURPHY TRUST, CREA7 ON NOVEMBER 12, 2002 can Ph Murphy Laura L. Murphy CITY nF CAMPBEL obert Kass,Pub is Works Director (Notary Acknowledgment for above signatories) MUST be attached.) Attest: Anne Bybee, City Clerk AC"1V6VVL E" /V 07MIAL ' j:uanddevuanddevforms\.st imp agr rev 12_01 8 I BIT "A" Real property in the City of Campbell, County of-Santa Clara, State of California, described.as follows: Beginning in the Northwest line of Camden Avenue at the most Westerly comer of the parcel of land described as Parcel Two in the deed to County of Santa Clara, recorded October 18, 1965 in Book 7143, Official Records, page 687;thence from-said point of beginning S. 240 24' 08" E. along the Northeast line of said Parcel Two, 18.13 feet to the most Westerly corner of the Parcel of land of conveyed to Reed Surber, et al by Quit Claim Deed recorded April 5, 1972, Book 9775, Official Records, page 42; thence Southeast along the Southwest line of said parcel on a non tangent curve concave Northeast and having a radius of 240 feet, said curve having radial bearing N. 61158' 56" E., through a central angle of 200 10' 06" for a distance of 84.48 feet to an angle point in the Northeast line of parcel of land described as Parcel One in said deed to County of Santa Clara, recorded in Book 7143 of Official Records, page 687; thence along the exterior boundary lines-of said parcel'one the following courses and distances S. 450 28'37" E. 9.41 feet, S. 510 29' 54" E. 42.98 feet; on a curve to the left from a tangent that bears S. 560 10' 17" E. with a radius of 20 feet through central angle of 1060 35'42" for a distance of 37.21 feet on a curve to the left from a tangent that bears N. 120 06' 48" E. with a radius of 170 feet; through a central angle of 460 for a distance of 136.48 feet and N. 330 53' 12" W. 111.25 feet; thence continuing N. 330 53' 12" W. along a. Northeast line of parcel of land described in the deed to Reed Surber, et al, recorded January 27, 1966, in Book 7262,Official Records, page 193, a distance of 15.93 feet;thence continuing along the exterior boundary lines of said parcel one described in said deed.to County of Santa Clara,the following courses and distance N. 330 53' 12" W. 8.17 feet;'on a curve to the right with a radius of 230 feet through a central angle of 150 33' 06" for a distance of 62.43 feet; thence continuing along the exterior boundary lines of the parcel of land described as Parcel One in the deed to State of California, recorded October 23, 1969, Book 8711, Official Records, page 405, on a curve to the right, with a radius of 230 feet, through a central angle of 31 15' 04" for a distance of 13.05 feet and N. 870 50.28" W., 7.25 feet to the Northerly corner of Parcel Two described in said deed to State of California; thence S. 20 09' 32" W. along the Easterly line of said Parcel Two, a distance of 10.26 feet to the most Easterly corner of the parcel of land described in the deed to State of California, recorded October 23, 1969 in Book 8711, Official Records, page 408,thence along the Southeast line of said parcel S. 20 09' 32" W. 61.73 feet to the most Northerly corner of said parcel of land described in the deed to Reed Surber,et al, recorded in Book 7262, Official,Records page 193; thence along the exterior boundary lines of said parcel S. 31 10' 30" W. 34.40 feet and on the arc of a curve to the left, with a radius of 240 feet, through a central angle of 251 55' 32" for a distance of 108.60 feet to the point of beginning APN: 414-01-001 ARB 413-18-103 r r STATE OF CALIFORNIA COUNTY OF SANTA CLARA On �J ,200_'-?before me, Patience Anne tarn Notary Public, personally pp ed Nam (s) igner(s) Personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they aoaeMu1nU==ca U11n executed the same in his/her/their authorized PATIENCE ANNE STARNES capacity(ies), and that by his/her/their NCOMM.N0. QANJFM 2 signatures(s) on the instrument the NG'IAfiY pUBUC-CAt{FOANIA IANTACIARACOWY = person(s), or the entity on beh of which �i71rINl.EXP!Q%JULy202W? rson(s xec d the i trument. WI S my d c' eal. tience Anne S am s,T ary,Public ----------------------------------------- OPT/rm.t�' ------------------=--- ---------------------- Although the data below is not required by law,it valuable to persons relying on the document and could prevent fraudulent reattachment of thiis ;CAPAC CLAIMED BY CUSTODIAN DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL TITLff OR TYPE 6F DOCUMENT CORPORATE OFFICER TITLE(S) "-'--- ' PARTNERS LIMITED GENERAL NUMBER OF PAGES ATTORNEY IN FACT GUARDIAN/CONSERVATOR DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: - - NAME(S)OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On o 11E1 before me,/�UAA�7u Z?_ Date Name and Title of OfFlcer f.g.,'Jane Doe,Notary ublic") personally appeared Names)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be .the person(k) whose name(t) is/arer iuIARLENE K,POMEROY subscribed to the within instrument and Commbabn#1412194 acknowledged to me that he/s#�executed Notwyp the same in his/herfiheir authorized SarftCknoCm* capacity(4e), and that by hislfhefAiEer w. MyCoeim.E""Moy6, 7 signature(l) on the instrument the person(j), or the entity upon behalf of which the person(i ) acted, executed the instrument. WITNESS my hand and official seal. I Place Notary Seal Above Signat re of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: �y Signer(s) Other Than Named Above: ) Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 S � o C` All 6 Edwaru n.ango,P.E. &A, to Associate Civil Engineer U r City of Campbell 0 o 70 North First Street y A. Campbell,CA 95008 OR W A.R9 Phone: (408)866-2166 Fax:(408)376-0958 E-Mail:Edwar"@ci.campbell.ca.us Transmittal. I Ir-n �o4, ie,� Fide" To: Zeden Jones Date: October 3,2003 Company: Starbucks Coffee Company Address: 455 North Point, Second Floor San Francisco,CA 94133 Re: 1228 Camden Avenue—Public Works Comments ❑ Urgent Q For Review ❑ Please Comment Q Please Reply ❑ Please Recycle • Enclosures: 1. Public Works' comments 2. Redlined street improvement plans • Comments: Zeden,Public Works' comments for your review. Please revise the plans and provide redlined plans with your resubmittal. Please contact me if you have any questions or comments. Thank you. I0/5/03 0�, Tm Lni w��CJe-n J:\LandDev\PIan Check Comments\Camden 1228 Trans.DOC i Y i 1228 Camden Avenue Plan Check Comments October 3, 2003 Street Improvement Plans: General Comments All plan sheets need to have the same City standard border, with 0.5"margin. Abbreviations and symbols need to be shown on the abbreviation list and legend on the title sheet. Please return redlined plans with your resubmittal. Sheet 2 1. Delete detail HC/12. 2. Verify bar scale printed on plans. 3. Delete title block; use City standard border. 4. Show existing gutter. 5. - Show curb and gutter to be removed and replaced along southerly driveway. 6. Note on plans that all street trees are to be Japanese Pagado tree, Sophora japonica. 7. Install R10 and R11 signs on-site as shown on plans; use road sign symbol for signs per legend on title sheet. 8. Delete hatch marking pattern for trees. 9. All linetypes need to match legend(i.e. property line). 10. Concrete sidewalk to be removed: excavate 12"below top of curb in right of way, remove material, install top soil and sod. Sod shall have 2% cross slope. 11. Identify irrigation lines on plans. Use.different linetype than the drain line. 12. Edit thermoplastic note as shown on plans. 13. See plan for additional comments. Sheet 3 See plan for comments. Sheet 4 See plan for comments. GRELl i�V OOD MOORE, INC. Civil Engineers Land Surveyors • Designers Planners May 5, 2004 9 .7 C E I V E D iV`; f 0 6 2004 Edward Arango, P.E. . _YO WORKS Associate Civil Engineer /-WMINIS RATION City of Campbell 70 North First Street Campbell, CA 95008 Subject: Street Improvement Plans 1228 Camden Avenue Encroachment Permit No. 2.003-00111 Dear Mr. Arango: The attached improvement plans have been revised per our phone conversation on May 4, 2004 as follows: Sheet C 1: 1. Revision note and revision clouds have been removed. Sheet C2: 1. Landscape plan references in Project Note ') and.Section A have been removed. 2. Project Note 9 has been revised to eliminate the grinding-off of existing street markings at the southerly driveway. 3. Project Note lb has been added to clarify the installation of new street markings at the northerly driveway. 4. The street name in the plan view has been changed to Curtner Avenue. 5. Revision note and revision clouds have been removed. Sheet CI 1. Revision note and revision clouds have been removed. 1 Office: 510-581-2772 Toll Free: 877-581-2772 Facsimile: 510-581-6913 `— 3111 Castro Valley Blvd. Suite 200 Castro Valley California 94546 www.greenwoodmoore.com Sheet C4: 1. No revisions required. I hope that the submitted materials and above responses adequately address your comments. Attached per your request is one set of mylars of Sheets C1 through C4 for the City Engineer's approval. Please contact me if you have any further questions. ery truly yours, ?5 Dou as dge Senior Project Manager N:\07obFi l es\2004\2004.019-Starbucks(Campbell)\P1anCheckResp onse(5-5-04).doe 2 September 26,2003 Edward Arango Associate Civil Engineer Public Works City of Campbell 70 North First Street Campbell,CA 95008-1436 PROJECT NAME: STARBUCKS COFFEE PROJECT LOCATION: 1228 Camden Avenue PERMIT NO.: ENC 2003-00111 RE: Conditions of Temporary Certificate of Occupancy Dear Mr. Arango, The purpose of this letter is to request the issuance of a temporary Certificate of Occupancy so that Starbucks Coffee may open for limited business at the aforementioned address and to confirm our agreement as discussed today at City Hall Starbucks Coffee will be allowed to open for business pending completion of the Street Improvements--- requirements of our Conditional Use Permit being administered by the property owner, Sean Murphy. The following criteria shall be mandated: 1.) A$20,000 refundable deposit will be paid today to further guarantee completion of the project in addition to the bonds that have been posted. 2.) The property owner must gain approval of the current plan submittal, complete all work and attain final inspection no later than December 31,2003. 3.) If this matter is still outstanding as of January 1,2004,the City of Campbell will assume responsibility for the street improvements and may retain the$20,000 deposit paid by Starbucks Coffee Company. At that time Starbucks Coffee will only have recourse with the property owner. Feel free to call me as needed on my cell phone(415)606-4908,which is the best way to contact me. Regardless,I will follow up with you on Wednesday, October 1 in anticipation of your plan approval. Thank you for your consideration. Sincerely, Zeden Jones Construction Manager Starbucks Coffee Company 455 North Point,San Francisco,CA 94133 (415)241-0256 x.2293(415)227-999I fax Edward Arango From: John laquinto Sent: Friday, October 03, 2003 9:43 AM To: Edward Arango Subject: RE: 1228 Curtner Ave. -Tree type Let's go with the Japanese Pagado tree, Sophora japonica: John. -----Original Message----- From: Edward Arango Sent: Thursday,October 02,2003 10:13 AM To: John Iaquinto Subject: 1228 Curtner Ave.-Tree type Hi John, What tree species and size would you like to see along 1228 Curtner Avenue? (at the old Carrows site at the corner of Camden, which is now Copyco and Starbucks) A new Starbucks went in and they will be putting in 3 trees along Curtner, 2 between the two driveways and one just south of the southerly driveway. Thanks, Ed i - f 09/29/2003 CA 4:46:03PM Fees associated With Case #o ENC2003-00111 ,:...., .. .... ....:... . '1.....,..r^. i _:. ...s4 :.+-'HC.. S 4 ,J„ r �:M -.8:. M ,...o... a.a -b 2",..;.,✓. e... .._ .. ...c..i.. ' -F,¢` . e,,_ Dam , :I➢a �_� M � N , ,A _ �7 .,. ;: . APP 07/01/2003 06/30/2004 Encroachment 101.730.4722 159980 JD 08/08/2003 260.00 0.00 PCDP 07/01/2003 06/30/2004 Plan Check Deposit 101.2203 159980. JD 08/08/2003 500.00 0.00 CASH 07/01/2003 06/30/2004 Construction Cash 101.2203 161211 JD 09/29/2003 ZO,000,00 0.00 CASH 07/01/2003 06/30/2004 Construction Cash 101.2203 160127 JD 09/29/2003 800.00 0.00 PC. 07/01/2003 06/30/2004 Non-Util Plan Ck/Insp to 101.730.4722 160127 JD 09/29/2003 2,600.00 0.00 Total Due:, $0.00 Page I of I CaseFees..rpt AL R'11 R1iiiRt) N NTS STARBUCK'S SOUTH DRIVEWAY Ali RiD{Lt1 R/W MEMORANDUM CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT TO: Jan Hemsley, Deputy City Clerk DATE: September 9, 2003 FROM: Marlene Pomeroy Public Works Department SUBJECT: Document for Recording Attached please find an originally signed and notarized Street Improvement Agreement for the property at 1228 Camden Avenue. Anne needs to attest the document and then it is ready to send to the Recorder's Office. As usual, Public Works will need a copy of the recorded document when received. Thanks for your assistance. Attachment PUBLIC WORKS - ENGINEERING DIVISION ------------------ MEMORANDUM TO: Bob Kass, Public Works Director FROM: Lynn Penoyer,Land Development Manager Ed Arango, Associate Engineer SUBJECT: STREET IMPROVEMENT AGREEMENT DATE: September 8, 2003 Attached please find the signed and notarized copies of the street improvement agreements for .12 2 d OAMc A &&We for your signature. (Address) This agreement was required as a condition of approval for 7W Z0 3-0(o°S , which was approved by : ® City Council Resolution No. on r Planning Commission Resolution No. '352-D on Oy l q 2 2,2&v'2' ❑ Community Development Director on ❑ Public Works Department/Land Development Section on This agreement requires the improvements to be installed: V 7 Within 12 months from the date of the agreement and the required bonds have been submitted. ❑ Within 12 months from the date notified by the City Engineer to install the required improvements. rev 2/01 JALandDev\Forms\Street ImprovementAst imp agt memo.DOC BOND FOR LABOR AND MATERIAL BOND NO. 183745 ENCROACHMENT PER1%UT NO. A-003-da0//, PREMIUM: INC. IN PERF. SEAN P. MURPHY AND LAURA L. MURPHY, TRUSTEES OF We, the under;cigned THE MURPHY TRUST, CREATED ON NOVE4gin�t2t& 2002p.rincipal") and AMERICAN CONTRACTORS IND., a corporation organized under the laws of the State of CALIFORN11A_ and authorized to transact business in (fie State of California,as Surety,are obligated to the City of Campbell (hcrcinafter City'),a municipal corporation under the law;; of rite Scare of California, in the sum of TWENTY THOUSAND AND N0/100 Dnllarr.' ($k*20,000.0 tur the payment of which sum we obligate ourselves and our successorsc and assigns,joinJy and severally by the following provisions: The condition of this obligation is that the Principal entered, or is about to enter, into a certain written Encroachrricnt Permit with the City dated 2C , which said Encroachment Permit No. is hereby referred to and made s Pan hcrcof. Because Principal is required to furnish a bond in conncctior. with the Encroachment Permit, providing t:inf if"Principal,i:)r:iny of itt subcontrac:tc-z,shall trail to pay for any materials, or other supplies, or for any work or labor on the permitrcl work of any kind, or for amounts due under the unamploymcnt insurance act wide respect to any work or labor on this project, the Suret�-on this bond will pay for the debt, in an an-iount not exceeding the sum specified in this bond, and also, in case suit is brought upon the bond, a reasonable attorney'n fee to he fixed by the court. SEAN P. MURPHY Sr LAURA L MURPHY, 'TRUSTEES OF Now, therefore, we, THE MURPHY TRUST CREATED 11/12/02 os Principal, .AND AMERICAN CONTRACTORS IND. , as Surcty, urc obligated to the City of Campbell, and all contra_tors. subcontractors, tahorcrs, material moil and other persons employed in the performancc of the aforesaid agrecmvilt in the sum of TWENTY THOUSAND AND NO/100 Dollars (-#*20,000.90tawful money of tlrc United States, for the payment of which sums\vill and truly to he made, we the said Principal and Surety bind ourselves,successors and assigns, Jointly and,cev.�rally, by these provisions. The cundiuon of this ebligution is that if Principal, its successors or assigns, or its-subcontractor,or subc)ntracton,shrill fail to pay for any labor,matcriah, or other supplies, used in the periormancc of the worl: pernuttcd to be done,or for wriounts duc under the unemployment insurance act with respect to this work or lahor, theft the Surety on this bond will pay for thi.ii, in an amount not exceeding the sum specified in this bond, and in case gulf is brought upon this bond will also pay a reasonable amr.irna}'s fee, in he fixed by the coup. Vrnue for any action arising out of this obligation shall lie in the County of Santa Clara, State of Cali'ornia. It is expressly stlFulatcd and agreed that this bond shall inure to the berielit of any and all persons,companies and•corporations entitled to file claims undo-Titic 15 (colnmcttcing with Scciion 3083) oCPan 4 of'Division 3 of the Civil Code, io as to give a fight of action to them or (heir assigns in any suit brouehr upon thi,c bond, Should the condition of this bond be full.; Fcr'formcd, then this ohligatson shall become null and void, oLherwis•_it shall be and remain in full force acid effect. No prepaynient or delay in payment and na chanties, extensions, addition or alteration of any provision of said Encroachment Permit or in any plans and specifications referred to hereiii• and no forbearance on the pan of the City shall opera:c;to rcicssc the Surety from liability on this build, and consent ro make s•sch alrerations without further notice to or consent by the Surc ,,is hereby�ri ven, and the Surct,; th,7 provisinnc of Sec ,oil 2M9 of the Civil Code of the Sratc of California. in wiwess,t}r porties have executed this agreement ns of AUGUST_13, .20 03 (Pain a. --W Ti rlc i _ _ --- Address of Sure:y: 9841 AIRPORT BLVD., 9TH FLOOR (Much Aclalovelcdgmcnts LOS ANGELES, CA 90045 Both Principal';; and SurcLy's -�-- Anorney in Fac:) Surety's Bond Numbcr 183745 (Accompany this bond with aitunicy-ill-[:Let's aut'tcority fro.0 Surety t,, execute the bond,Lcrtifird to include Lire dam o°the bond.) j:`dorms\encro:nn htnent perrnn.I&ni bond rev 6_03) J-D American Contractors Indemnity Cui<>npany 9841 Airport Blvd.,9th Floor,Los Angeles,California 90045 1 3-15 5 7 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California,a California corporation does hereby appoint, Debbie Evans or Sophen La Its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed$ *** 1.500,000-00 Dnllars*** . This Power of Attorney shall expire without further action on September 27,2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. "RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have the power and authority 1. To appoint Attorneys)-in-Fact and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time,any such Attorney-in fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 1 st day of September,2000. TOkr AMERICAN CONTRACTORS INDEMNITY COMPANY S INCORPORATED SEPT.26,1990 -~c By: �4L1FdRMa• Andy T.Faust,Jr.,Corporate President STATE OF CALIFORNIA § COUNTY OF LOS ANGELES § On this 1st day of September,2000 before me,Norma J.Virgilio,a notary public,personally appeared Andy T. Faust,Jr.,Corporate President of American Contractors Indemnity Company,to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. NORIiM J.VIRGILIO WITNESS my hand and official seal ta� Cornrniasion#`1322310 Notary Public-California Los Angeles County Norma J.Virgilio,Notarf MyCwm E:ww SsP 27,ZAP I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF,I have hereunto set my hand this I3THday of AUGUST ,2003 Bond No. 183745 Agency No. #9005 �J�S .FERGUSON orporate Secretary rev.POA04/20101 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF ALAMEDA ) On AUGUST 1.3, 2003 before me, ZULMA NAVARRO, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G..,"JANE DOE,NOTARY PUBLIC" personally appeared, DEBBIE EVANS personally known to me Chx4lfm ' to be the person(s)whose name(x)is/ subscribed to the within instrument and acknowledged to me that Jz/she/&*executed the same inAgner/gmix authorized capacityP4, and that by l /her/ff*Zsignature(b)L on the instrument the person(X), or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. lam, r ZULMA NAVARRO' V COMM.#T407710 NOTARY PUBLIC IGNA RE ISEAL) NOTARY ALAMEDA COUNTY 0 COMM.EXP.MARCH 28,2007 a i u OPTIONAL. INFORMATION THIS OPTIONAL INFORMA'riON SECTION IS NOT REQUIRED BY LAW BUT MAY BF BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED DOCUMENT, TT'fLE OR TYPE OF DOCUMENT • a DATE OF DOCUMENT NUMBER OF PAGES 1 SIGNER(S)OTHER THAN NAMED ABOVE SIGNER'S NAME DEBBIE EVANS SIGNER'S NAME -----------NONE----------- t RIGHT THUMBPRINT RIGHT THUMBPRINT r� i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 ss County of 64 On t� �5 �� , before me, �` �� Date Name and Title of Officer(e.g.,"Jan oe,Notary Public") i personally appeared - 1_ ) Nam )of Signer(s) ❑ ersonally known to me ) proved to me on the basis of satisfactory evidence ;) ,I to be the person() whose name() is/a^ subscribed to the within instrument and acknowledged to me that he/fey executed the same in his/hef4heni- authorized capacity(ies), and that by his/he &k- ) (` signature(k) on the instrument the person($), or I the entity upon behalf of which the person(j) I acted, executed the instrument. .I WIT ESS my hand a icial seal. �) .I Place Notary Seal Above Sig ature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached D ument ;I Title or Type of Document: .i Document Date: Number of Pages: i 3 Signer(s) Other Than Named Above: i .I Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual . Top of thumb here ❑ Corporate Officer—Title(s): ( ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ( ❑ Trustee i ❑ Guardian or Conservator ElOther: ,) .�l Signer Is Representing: �i 1 ©1997 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 en DUPLICATE ORIGINAL BOND FOR FAITHFUL PERFORMANCE ENCROACHMENT PERMIT NO. A D ,-00/// BOND NO. 183745 SEAN P. MURPHY AND LAURA L. MURPHY, TRUSTEES PREMIUM $1,000.00 We,the undersigned OF THE MURPHY TRUST, -(hereinafter"Principal")and AMERICAN CONTRACTORS TNDEKUTTV CO- CRIFA= lilliqu7corporation organized under the laws of the State of CALIFORNIA , and authorized to transact business in the State of California, as Surety, are obligated to the City of Campbell, (hereinafter"City") a municipal corporation under the laws of the State of California,in the sum of TWENTY THOUSAND AND NO/100 I I Dollars ($**20,000.00 )for the payment of which sum we obligate ourselves and our successors and assigns,jointly and severally by the following provisions: The condition of this obligation is: Because the obligated Principal has,on ,20 ,entered into written Encroachment Permit with the City for the Project, a copy of which Encroachment Permit is attached and made a part of this bond, for construction of Project STREET IMPROVEMENT AGREEMENT PLN 2003-069 Now,therefore,if the Principal shall faithfully perform the work in accordance with the plans,specifications and permit documents during the original term, and any extensions of the permit which may be granted by the City,with or without notice to the surety,and if it shall satisfy all claims and demands incurred under the permit,and shall fully indemnify and save harmless the City from all costs and damages which it may suffer by reason of failure to do so,and shall reimburse and repay the City all outlay and expense which the City may incur in curing any default; then this obligation shall be void; otherwise to remain in full force and effect, with surety obligated to secure the full and faithful performance of all of Principal's obligations under the attached Encroachment Permit. If any legal action be filed upon this bond,it shall be filed within one year after final payment has been made under the Encroachment Permit excluding the warranty period, if any,provided for in the Encroachment Permit, and venue shall lie in the County of Santa Clara, State of California, and that surety,for value received stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Encroachment Permit or to the work to be performed under it or the specifications accompanying it shall in any way affect its obligation on this bond, and it does by this means waive notice of any change, extension of time, alteration or addition to the terms of the Encroachment Permit or to the work or to the specifications, and thereby waives the provisions of Section 2819 of the Civil Code of the State of California. In witness,the parties have executed this agreement as of AUGUST 13 ,20 03 ' (Prin ' �:'" r By Title OWNERS (Surety) AMERIW NCO ORS INDEMKITY CO. Y � DEBBIE EVANS, ATTORNEY—IN—FACT A ress_of Surety: 9841 AIRPORT BLVD., 9TH FLOOR, LOS ANGELES, CA 90045 (Attach Acknowledgements) Surety's Bond Number 183745 (Accompany this bond with Attorney-in-fact's . (Both Principal's and authority from Surety to execute the bond, Surety's Attorney in Fact) certified to ihclude the date of the bond.) OAformAencroachment permit perf bond rev 6_03) a • i ( • e American Contractors Indemnity Company 9841 Airport Blvd.,9th Floor,Los Angeles,California 90045 1 3-1 5 5 8 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California,a California corporation does hereby appoint, Debbie Evans or Sophen La Its true and lawful Attorriey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed$ ***$1_,500,000-00 Dnllars*** • This Power of Attorney shall expire without further action on September 27,2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. "RESOLVED that the Chief Executive Officer, President or any Tice President, Executive Vice President, Secretary or Assistant Secretary, shall have the power and authority 1. To appoint Attorneys)-in-Fact and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time,any such Attorney-in fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 1st day of September,2000. Tokr AMERICAN CONTRACTORS INDEMNITY COMPANY s INCoaeORATED y SEPT.26,lM --'e sa o By: G( � Andy T.Faust,Jr.,Corporate President STATE OF CALIFORNIA § COUNTY OF LOS ANGELES §' On this 1 st day of September,2000 before me,Norma J.Virgilio,a notary public,personally appeared Andy T.Faust,Jr.,Corporate President of American Contractors Indemnity Company,to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. NORMA J.NIRGILIO WITNESS my hand and official seal Commiasion*1322310 Z $ Notary Public-California .� Z Loa Angel"County Norma J.Virgilio,Notaril MyComm.Eap w 27,20Q5 I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF,I have hereunto set my hand this 13THday of AUGIJST ,200 3 Bond No. 183745 3 Agency No. #9005 JAMES H.FERGUSONWCorporate Secretary rev.POA04/20/01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF ALAMEDA ) On AUGUST 13, 2003 before me, ZULMA NAVARRO, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G..,"JANE DOE,NOTARY PUBLIC" personally appeared, DEBBIE EVANS personally known to me to be the person(y)whose name(s�is/ subscribed to the within instrument and acknowledged to me thatJm/she/lWexecuted the same inARK/her/authorized capacity(i��4, and that by 1 /her/MMsignature(l)� on the instrument the person(p, or the entity upon behalf of which the person(4) acted, executed the instrument. WITNESS my hand and official seal. r ZULMA NAVARRO r V COMM.#1407710 O - NOTARY PUBLIC—CALIFORNIAALAMEA COUNTY �+ Ic �' (SEAL) COMM.EXPDMARCH 8,2007 N XR P'UBLIC SI NA b OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BF BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED DOCUMENT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE SIGNER'S NAME DEBBIE EVANS SIGNER'S NAME ----------NONE----------- RIGHT THUMBPRINT RIGHT THUMBPRINT x CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ,11414tt" i On Ca Ng 2003, before me, ,� L i Date Name and Title of Officer(e.g.,"Jane Doe,Nor o Public") personally appeared. Name(s ofSigner(s) ,I (' ❑ personally known to me �i Oproved to me on the basis of satisfactory evidence f� �I (' to be the person(q) whose name(k) is/are-subscribed to the within instrument and Cammise M#1412194 acknowledged to me that he/s#e fey executed IVolaty P1lbN la C-CaWom the same in his/`, hr5i authorized ftft wa1cw* capacity(fes), and that by his/"^�',�,r�r;�;;-- MV0WW.bvkuMvv6,2007 signature( on the instrument the person($), or ,'• the entity upon behalf of which the personO ; acted, executed the instrument. l WITNESS my hand icial seal. ,; 1, I Place Notary Seal Above Si nature of Notary Public f 'I OPTIONAL , Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached D cument ; ( Title or Type of Document: ° - / Document Date: 3 Number of Pages: j; Signer(s) Other Than Named Above: I� l Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual (, Top of thumb here ElCorporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: , Signer Is Representing: t ) 0 1997 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 , _ CITY OF CAMPBELL DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION � � �� I✓` �CI�I..IS'T �'�R"ST'I�� IIVIPR'� � � I��'�l'L��ANS ` �F APPLICATION NO(S): 7ZO3 0011 I ADDRESS: Instructions: This checklist provides advance notification to applicants of the City of Campbell's final street improvement plans and submittal requirements. Using this checklist will expedite your application through the City's review process. Prior to submitting a final street improvement plan list to the City Engineer, please place an X in the space to the right of each item below to indicate you have complied with, or place N/A to indicate that the particular item does not apply. Review applicable sections, which are referenced in parentheses, before checking off each item. SEAL AND SIGNATURE OF ENGINEER OF WORK I HEREBY DECLARE THAT I AM THE ENGINEER OF WORK FOR THIS PROJECT, THAT I HAVE EXERCISED RESPONSIBLE CHARGE OVER THE DESIGN OF THE PROJECT, AND COMPLETION OF THIS CHECKLIST, AS DEFINED IN SECTION 6703 OF THE BUSINESS AND PROFESSION CODE, AND THAT THE DESIGN IS CONSISTENT WITH CURRENT STANDARDS. Signature Date Printed RCE # Expiration Date (SEAL) CITY ITEMS OK N/A COMMENTS I. GENERAL 1 Applicable General Notes included. (Attachment A) V-s" 2 24" X 36" sheet size used, _ 3 Title Block/scale/north arrow shown. V111 4 Plans capable of microfilm reproductions - minimum 1/8 inch lettering. ✓ . 5 Engineer's name, number, expiration ate and signature included. OA 40 1 l CITY ITEMS OK N/A COMMENTS 6 Vicinity Map shown (must be microfilmable). 7 Sheet Index and key map included for 3 or more sheets. 8 Limits of Public Works inspection clearly shown on ✓ plan, typical section, and bond estimate. 9 Street light locations/legend/PG&E signature shown. ✓ 10 Request for annexation to Lighting District submitted. (Accompanied by map & metes and bounds description and annexation fee.) 11 Curb grade plans prepared by Public Works have been incorporated into improvement plans and verified as adequate. 12 Curb grade plans prepared by Engineer for review by Public Works and cross-sections @ 50' max. intervals along road frontage and extending 150' min. beyond limits of work. Profile line, centerline, & E.P. 13 Signing and striping plan plus existing striping included ✓ in improvement plans. 14 Development No. (SUB, MS, LUP, DP) shown on each sheet. 15 Fire District signature shown for access and fire ✓ hydrant location. 16 Verification of land rights for off-tract work (title ✓ report, recorded easement, etc.). 17 Permits required from other agencies (Fish & Game, ✓ CalTrans, Army Corps of En rs, Flood Control, etc.). 18 Right of entry submitted for review for all off-tract ✓ work. 19 Plans for landscaping within the public right-of-way submitted for review. 20 Fence required along water district canals. 21 Water testing required before paving for grades less than 1%. H. ROADS A. Typical Sections 1 Structural sections indicated per R-value. ✓ 2 Curb type indicated. '� 3 Right-of-Way and street width dimensions shown. ✓ 4 2:1 max. cut/fill slopes shown beginning @ R/W lines - Soils Report verifying exceptions. 5 Crown Slo d indicated. 6 Sidewalk shown. 7 Pedestrian or bike'paths shown. 8 Pavement Design Chart shown with T.I. values for review. 2 L CITY ITEMS OK. N/A COMMENTS B. Plan Views 1 Radius of curvature shown on all curves. ✓ 2 20' curb return radii shown for major thoroughfares ✓ and industrial streets. 3 24' min. curb opening for private road intersection. 4 Horizontal curves and sight distance designed per Highway Design Manual. 5 Cul-de-sac radii (35' min.) shown. ✓ 6 Private road turnarounds shown. 7 R/W and street width dimensions shown. 8 Centerline stationing shown at 100' intervals and at all curves. B.C., E.C. 9 Lot/parcel lines and numbers/letters indicated. 10 Valley gutters indicated. Flag flow lines at quarter _points on curb returns and valley gutter centerline. 11 Stationing and offsets of all drainage structures shown. o/ 12 T/C elevation at all drain structures w/invert and FL elevations shown. (Invert and FL elevations may be shown on provide if preferred. If profile is not on same sheet as plan view, T/C, invert, and FI elevations must be shown onprofile.) 13 Drainage easements shown and dimensioned ,/ 14 Location of underground pipes and utilities shown. 15 Street monuments shown. ,/ 16 Off-tract slope easements shown„ with x-sections, topo and offer of dedication for slope easements submitted V/ for review. 17 Pedestrian Paths shown. Basic grades shown. 18 Wheelchair rams shown at returns per State Std. Plan V C. Profiles 1 Vert curves designed for proper speeds per Highway Design Manual. 2 Minimum vert curve lengths observed. 3 Curb returns and cul-de-sac profiles shown (high and or low pts. Indicated when vertical curve is used). 4 Vertical curve used for grade breaks greater than 2%. (3% on sag curves.) 5 6% maximum gradient observed @ intersecting streets. 6 6% maximum grade observed across intersection. 7 1% minimum grade observed on all streets. 8 Maximum street grades per ordinance. 9 Underground pipes and utilities shown. 3 L CITY ITEMS OK N/A COMMENTS 10 Existing ground on centerline shown. Where topography is steep, existing ground left and right of centerline has been shown. Cross sections may be required. 11 Finish grade profile for centerline and for top of curb shown (left & right) ifspecial grades required. 12 Cul-de-sacs all have 1% to 4% cross slope between gutter lip and high oint.- 13 Super elevation grades shown where required by Highway Design Manual. 14 Back of curb flow diverters indicated on proposed county streets with grades over 5% when no sidewalk installed. 15 Centerline profiles of intersecting streets shown to their point of intersection. (Showing curb return or other profiles in lieu of the centerline profile is not an adequate or correct representation.) 16 Off-tract profile to catch pt. Shown where road is constructed to subdivision boundary. 17 Centerline stations and elevations shown @ 100' minimum intervals and @ all BVC, EVC, PIVC, and rade breaks. 18 Profile slopes indicated. III DRAINAGE A Hydrology-Hydraulics 1. Contour maps continue for 100 feet + beyond property. 2 100 year water surface calculations completed when natural watercourse or drainage facility flows through or adjacent to subdivision or the property lies within flood hazard or flood prone area and water surface shown on Tans. 3 EGL, HGL, F1, El, Q, A, S, V, freeboard at structures, structure losses, tailwater assumptions, .super or subcritical flow all indicated. 4 Adequacy of in-tract drainage system verified. 5 All starting water surface calculations adequately verified. (When computing beginning water surface in natural watercourse and no obvious point of control is available, begin 500' downstream and work up to point inquestion.) 6 Adequacy of off-tract drainage system verified. 4 T ITEMS OK N/A COMCIMEYNTS B Easements 1 Off-tract drainage improvements (plan and profile) and accompanying easements shown. Off-tract offers of dedication for drainage easement submitted for review. 2 Off--tract work to be done but no easement requirements. Right of entry submitted for review. 3 Easement widths indicated for (a) Closed conduits, (b) Open channels. 4 Sufficient X-sections submitted to verify easement widths and Development rights for open channels. 5 Access and ingress easements shown, graded to be useable. 6 Minimum 12' ingress easement to public way provided to all access easements. 7 Minimum 40' centerline radius for access easements shown. 8 Structure setback line indicated and location verified with X-sections for unimproved channel. 9 Fences shown as required where street crosses watercourse or drainage structure. 10 Fences shown as required at outside boundaries of open lined channel easements and water district canals. C Structures 1 Inlet depths without manhole bases and max. dia. Pipes through inlets observed. Type A 6' CC 3011 36" front 30" side Type B 12' CC 3012 30" side Type C 4' CC 3013 36" front 24" side Type D 6' CC 3016 36" front 24" side Type E 4' CC 3017 36" front 24" side 2 Max. diameter pipes through manholes observed. Type I 24" CC 3020 Type II 42" CC 3021 Type I11 60" CC 3022 3 1.25" minimum freeboard in inlets and manholes. 4 HGL shown in all structure profiles. 5 Type C inlet shown with grate unless in pedestrian area, FL elevation of side opening also indicated. 6 Structure type indicated on plan or on structure list.on same plan sheet. 7 Type B or E inlets used on streets with grades 6% or steeper. 5 Y CITY ITEMS OK N/A COMMENTS 8 Ladder grab irons provided for manholes over 12 feet deep.- 9 Gutter apron lengths for A or B inlets specified for rofile grades 3% or greater. 10 Indicate internal dimensions of non-county standard drainage structures used in private systems. D Pipe 1 Closed conduit minimum sloe of 0.003 observed. 2 Natural watercourses are placed in closed conduits for flows less than 80 cfs. 3 Gage of corrugated steel or aluminum pipe noted on lans. 4 Water directed into inlet does not reverse the direction of flow. 5 Minimum centerline radii of pipe checked. Beveled RCP lengths specified (bevel one or both ends) and stationing of E.C. and B.C. indicated. 6 Outlet protection for closed conduits or lined channels provided. 7 2' minimum cover over pipe observed (provided manufacturer specs does not require more) unless special design and calcs. Submitted, 3' minimum cover for plastic pipe. 8 . Design Q shown on pipe profile. 9 Minimum cleansing velocity of 2 FPS with half design flow observed. 10 18" minimum pipe size. E. Channels 1 Maximum velocity in earth channel verified by soils report - minimum velocity 3 fps. 2 Improved earth channel side slopes shown to be 2:1 or less steep as specified by soils report. 3 Lined channel side slopes asspecified by soils report. 4 Areas noted to be cleared of structures, trees, brush, and debris within natural channel and watercourses. j:\word\f6rrns\stirnppI rev. 6/12/97 . 6 d CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION ENGINEEWSIESTIMATE�FO �� „ �L,�1UD�DE1tLL.O�pML"-�11� , RO.iE�TS ' Kai �� ,.��,.Lb'� +� a�� !,r,�,�{F.,r�r��•�.zi��.�..'�s,«�,y��,�z� .��f., �.fit' .,t'�3��•., Date: For File No(s): Site Add1 ENC. No. ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION QTY UNIT <$30 K $30 K to$150 K >$150 K $AMOUNT I. DEMOLITION/CLEARING 1. CLEARING&GRUBBING LS $1,052.50 2. SAWCUTP.C.C./A.C.(UP TO 6") LF $6.10 $4.10 $2.75 3. P.EC.REMOVAL 'Z SY $34.75 $26.30 $12.65 1 7j 43,7-1 4. CURB AND GUTIER REMOVAL LF $7.05 $3.45 $2.65 5. MEDIAN REMOVAL SF $5.25 $2.65 $1.60 6. DEMOLISH EXISTING INLET/PLUG RCP•S EA IL. STORM DRAINAGE I. 12"R.C.P.(CLASS V) LF $69.50 $47.35 $23.15 2. 15"R.C.P.(CLASS III) LF $75.80 $55.80 $44.20 3. IS"R.C.P.(CLASS III) LF $81.05 $69.45 $60.00. 4. 24"R.C.P.(CLASS III) IF $92.60 $78.95 $68.40 5. 30"R.C.P.(CLASS III) LF $104.20 $87.35 $75.80 6. T.V.INSPECTION(12") LF $1.25 $0.80 $0.65 7. STD.DRAINAGE INLET(C.C.DETAIL 9) EA $1,852.00 $1,505.00 $1,157.00 S. FLAT GRATE INLET(C.C.DETAIL 6) EA $1,620.00 $1,275.00 $1,042.00 9. STD MANHOLE(C.S.J.DETAIL D-I1) EA $2,315.00 $1,850.00 $1,505.00 10. BREAK AND ENTER M.H./D.I. EA $810,00 $635.00 $520.00 III. CONCRETE IMPROVEMENTS 1. SIDEWALK SF $7.90 $6.75 $6.00 2. DRIVEWAY APPROACH 2't l SF $9.05 $7.80 $6.85 2 It l J ) i 3. CURB AND GUTTER ��J LF $36.85 $29.50 $24.20 I i 1 I 0 S•S 0 4. VALLEY GUTTER SF $14.50 $11.60 $9.50 5. CURB RAMP EA $1,440.00 $1,052.50 $947.25 6. TYPEB-1 CURB LF $13.90 $11.05 $8.70 7. TYPE Al-B3 CURB LF $17.35 $13.90 $11.60 8. COBBLESTONE MEDIAN SURFACE SF $15.15 $11.05 $7.10 9. P.C.C.DRIVEWAY CONFORM SF $8.20 $6.30 $5.25 10. A.C.DRIVEWAY CONFORM SF $5.25 $4.40 $3.70 Page 1 of 4 CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT p�ENGINEERING DIVISION -vr �� AND�DEVEIC)p 11kAill�flJE + S �� Date: For File NO(S): Site Addl ENC. No. ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION QTY UNIT <$30 K $30 K[o$150 K >$150 K $AMOUNT IV.PAVEMENT 1. ASPHALT DIGOUT AND REPLACE CF $5.80 $4.10 $2.95 2. PAVEMENT WEDGE CUT(6) LF $5.00 $2.65 $1.60 3. PAVEMENT GRINDING SF $0.95 $0.63 $0.42 4. PAVEMENT FABRIC(PETROTECH) SY $2.30 $2.10 $1.75 . 5. ASPHALT CONCRETE C'I'YPE A) T $92.50 $57.90 S42.10 6. AGGREGATE BASE(CLASS 2) T $47.35 $23.15 $13.90 7. SLURRY SEAL(TYPE 11) SF $0.09 $0.08 $0.07 8 AC OVERLAY $52.00 9 SLURRY SEAL(TYPE III) SF $0.13 $0.11 $0.90 V.TRAFFIC SIGNALS/LIGHTS I. DETECTOR LOOP(6'ROUND) EA $520.00 $347.00 $289.00 2. DETECTOR LOOP(6'x 30) EA $752.50 $626.25 $510.45 3. DETECTOR LOOP(6'x 50') EA $1,042.00 $868.30 $741.00 4. ELECTROLIER EA $2,947.00 $2,526.00 $2,084.00 5. 1 1/2"RIGID CONDUIT LF $10.40 $8.20 $5.80 6 2"RIGID TRAFFIC SIGNAL CONDUIT LF $ 19.70 $ 15.05 $ 11.60 7 CONDUCTOR LF $ 0.85 $ 0.65 $ 0.55 8 PULL BOX(NO.31/2) EA $347.00 $278.00 $214.75 9 TRAFFIC SIGNAL PULL BOX(NO.5) EA $463.00 $405.25 $347.30 10 PULL ROPE LF $0.57 VI.STRIPINGAND SIGNS 1. REMOVE PVMT.MARKINGS(PAIN'I) �G,D SF $2.65 $1.60 $1.05 39�.C70 2. REMOVE PVMT.MARKINGS(THERMO) SF $3.70 $3.40 $1.75 3. REMOVE PVMTSTRIPING IF $1.50 $0.85 $0.45 4. STRIPING DETAIL 9 LF $1.30 $0.75 $0.32 5 STRIPING DETAIL 22 LF $1.30 $0.75 $0.32 6 STRIPING DETAIL29 LF $2.35 $1.75 $1.25 7 STRIPING DETAIL32 LF $2.50 $1.85 $1.30 Page 2 of 4 CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT K6�ENGINEERING DIVISION ,5 �i A1iC?Cr)� LiP1 [ NTRCdEC75 xm Date: For File No(s): Site Ad(b ENC. No. rI'EM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION QTY UNIT <$30 K I $30 K[o$150 K >$150 K $AMOUNT 8 STRIPING DETAIL 37('I'MRMO) SF $2.10 $1.75 $1.15 9 STRIPING DETAIL 38(THERMO) SF $2.90 $2.10 $1.30 10 STRIPING DETAIL 39 LF $1.60 $0.90 $0.47 I1. LIMIT LINE IF $1.70 $1.30 $1.15 12. CROSSWALK,12"Wl-= IF $1.40 $1.10 $0.90 13. PAVEMENT MARKINGS(PAII M SF $3.25 $2.50 $2.10 14. PAVEMENT MARKINGS('I'IIERMO) lGJ'O SF $6.60 $5.05 $3.40 d�O�0 UO 15. PAVEMENT MARKER(NON-REFL.) EA $5.20 $3.50 $2.50 16. PAVEMENT MARKER(REFLECTIVE) EA $6.95 $4.75 $3.65 17. TYPE KMARKER EA $109.50 $92.50 $81.00 18. TYPE NMARKER EA $109.50 $92.50 $81.00 19. SALVAGE ROAD SIGN EA $99.00 $87.35 $75.75 20. RELOCATE ROAD SIGN(W81ON NEW POST) EA $115.75 $99.00 $87.35 21. INST.RD.SIGN ON EXIST.POLE EA $231.55 $168.50 $126.30 22. ROAD SIGN WITH POST EA $347.30 $277.85 $226.30 23 INSTALL 1226S SIGN WITH POST EA $252.60 24 STANDARD BARRICADE LF $15.75 VII.LANDSCAPING 1. IRRIGATION,PLANTING WORK SF $7.35 2 PRUNETREEROOTS EA $147.35 $115.75 $100.00 3 TREE REMOVAL EA $684.10 $526.25 5421.00 4. ROOT BARRIER(12") LF $21.05 $10.50 $6.30 5. ROOT BARRIER(18") Q LF $26.30 $15.80 $10.50 6. STREET TREE(24"BOX) EA $447.30 $342.05 $315.75 7. STREETTREE(36"BOX) EA $710.40 $589.40 $421.00 8. TOP SOILBACKFILL 2>15j CY $26.30 $22.60 $19.05 dj'� Gip 9 IRRIGATION IS $1,368.25 $710.40 VIII.MISCELLANEOUS Page 3 of 4 CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION Gym ENGINEERS' EST�IMATEtFOR��L�AND�DEUEI_�OP�NtEI�TpEtf��ECT5 Date: For File No(s): Site Add1 ENC. No. ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION QTY UNIT <$30 K I $30 K M$150 K >$150 K $AMOUNT 1. PEDESTRIANBARRIFR LIT $86.85 $69A5 $57.90 2. CHAIN LINK FENCE(6) LF $17.35 $13.70 $10.50 3. RAISE NIISC.BOX TO GRADE EA $315.75 $210.50 $184.20 4. RAISE MANHOLE TO GRADE EA $421.00 $364.45 $315.75 5. INSTALL MONUMENT BOX EA S473.60 $364.45 $315.75 6. MEDIAN BACKFI L CY $22.10 $19.70 $16.85 SUBTOTAL 15,i7 0�70 PREPARED BY: 10%MOBE.IZATION,CONSTRUCTION TRAFFIC CONTROL/PHASING, REVIEWED BY: CONSTRUCTION STAKING I �� CONSTRUCTION TESTING APPROVED BY: r '1 10%CONTINGENCY 10%SECURITY ENFORCEMENT TOTAL FAITHFUL PERFORMANCE SECURITY USE THIS AMOUNT FOR SECURITY ZO,c7Ob j:\forms\engineer's estimate rev by HH 9_01.xls Page 4 of 4 PU13L AKS DEPARTMENT RECEIPT Effective July 1,2003 T TO: City Clerk PUBLIC WORKS FILE NO. PROPERTY ADDRESS -/ Please collect&receipt for the following monies: ACCT. ITEM AMOUNT 435.535.4921 Project Revenue(specify project) $ ENCROACHMENT PERMIT 4722 Application Fee Non-UtUlty Encroachment Permit ($260.00) Minor Encroachment Permit<$5,000 ($57.00) R-1 First Permit(No Fee)Subsequent ($120.00) Utility Encroachment Permit Arterial/Collector Street ($500.00) Residential Street/Other Areas ($275.00) ' 2203 Plan Check Deposit-2%of ENGR.EST. ($500 min) 2203 Faithful Performance Security(FPS) (100%of ENGR.EST.) 2203 Labor and Materials Security (100%of ENGR.EST.) 2203 Monumentation Security (100%of ENGR.EST.) 2203 Cash Deposit (4qb of ENGR.EST.)($500 min/$10,000 max) , 2203 Labor and Material Security (100%of ENGR.EST.) Plan Check&Inspection Fee(Non-Utility) 4722 Engr.Est.<$250,000 (13%of ENGR.EST.) 2203 Engr.Est.>$250,(Deposit 8%of ENGR.EST./$30,000 min.)-- 4722 utility<$100,000 (S%) Minimum Charge Per Location ($180.00) Conduits/Pipelines up to 500 Feet ($2.25/ft) Above 500 Linear Feet ($1.35/ft) Manholes/Vaults/Etc. ($125.00/ea) Pole Set/Removal ($125.00/ea) Street Tree Planting/Removal ($125.00/ea) 2203 UtWty>$100.000 Actual Cost+20%'• 4760 Project Plans&Specifications Project No. 4760 Standard Specifications&Details ($1/Pg$15.00/Bk) 4760 Copies of Engineering Maps&Plans Aerial Plot 24"x 36" ($50.00) Aerial Print 8 1/2"x 11" ($20.00) Maps and Plans 24"x 36" ($7.75) 4722 Penalties:Failure to restore public improveme:($100/Calendar Dagmt Co4e eae.11.34.0io) 4722 Penalties: Failure to correct unsafe conditiom($100/Calendar Day) LAND DEVELOPMENT 4722 Lot Line Adjustment ($750.00) 4722 Parcel Map(4 Lots or Less) ($2.400.00+$35/]0t) 4722 Final Tract Map(5 or Mom Lots) ($3.200.00+$35/10t) 4722 Certificate of Compliance ($595.00) 4722 Certificate of Correction ($365.00) 4722 Notary Fee(per signature) ($10.00) 4722 Vacation of Public Streets&Easements ######## 4722 Assessment Segregation or Reapportionment First Split ($655.00) Each Additional Lot ($200.00) 4721 Stone Drainage Area Fee Per Acre (R-1,$2,000) (Multi-Res,$2.250) (All Other,$2,500) 4920 Parkland Dedication Fee(75%/25%Due Upon Cert.of Occupancy) 511.7421 Postage TRAFFIC 4728 Intersection I=Counts(Two-Hour Count) $72.50) 4728 Intersection Turn Counts(a.m.or p.m.peaks) ($145.00) 4726 Traffic Flow Map(Daily Traffic Volumes) ($30.00) 4728 Campbell Traffic Model(Full Scope Assessmenl(Aetual) 4728 Campbell Traffic Model(Reduced Scope Assess(Actual) 4271 Truck Permits ($16.00/per trip) 4728 No Parking Signs ($1/each or$25/100) OTHERS-7 TOTAL NAME OF APPLICANT �NAME OF PAYOR �tI PHONE ADDRESS / ZIP C7 r -Actual Cost Plus 20%Overhead(Non-Interest be .deposit) FOR CITY CLERK RECEqW BY i C EIV 0- ONLY Date Ae lipt M { '3 i c L •For Plan Check and Cash Deposits,send yellow copy to Finance. t y Datel Initials jAforms\receipt from 03-04 7/1/03 _lam-1 17. 1 PUBI IRKS DEPARTMENT RECEIPT ve July 1,2003 •f./�/) / / TO: City Clerk PUBLIC WORES I=NO. PROPERTY ADDRESS Please collect&receipt for the following monies: ACCT. ITEM AMOUNT 435.535.4921 Project Revenue(Specify project) $ ENCROACHMENT PE[iDUT 4722 Application Fee Non Utility Encroachment Permit (6260.DO) Minor Encroachment Permit<$5,000 (657.00) R-1 First Permit(No Fee) Subsequent (6120.00) Utility Encroachment Permit Arterial/Collector Street ($500.001 Residential Street/Other Areas ($275.00) 2203 Plan Check Deposit-2%of ENGR EST. ($600 min) 2203 Faithful Performance Security(FPS) (100%of ENGRFST.) 2203 Labor and Materials Security (100%of ENGR EST.) 2203 Momumenmtiun Security (100%of ENGILEST.) 2203 Cash Deposit (4%ofrAGRFST.10500 min/$10,000 max) , 2203 Labor and Material Security (100%of ENGR.EST.) , Plan Check&Inspection Fee(Non-Utility) 4722 Engr.Evt.<$250.000 (13%of ENGR.EST.) 2202. Engr.Est.>6250,(Deposit 8%of ENGR.EST./$30.000 min.)-- 4722 Utility<6100,OOO (8%) Minimum Charge Per Location (6180.00) Conduits/Pipelines up to 500 Feet 1$2.25/ft) Above 500 linear Feet ($1.35/ft) Manholes/Vaults/Etc. ($125.00/ea) Pole Set/Removal 15126.00/ea) Street Tree Planting/Removal ($125.00/ea) 2203 Utility>$100.000 Actual Cost+2D%'• 4760 Project Plans&Specifications Project No. 4760 Standard Specifications&Details (Sl/Pg$15.00/Bk) 4760 Copies of Engineering Maps&Plans Aerial Plot 24"x 36" (850.00) Aerial Print 8 1/2"x 11" (620.00) Maps and Plans 24"x 36" (87.75) 4722 Penaltles:Fallure to mstom public impmwme:(SIOO/Calendar Da.rmv com se>11.s4.o1o] 4722 Penalties: Failure to correct unsafe conditiom(6100/Calendar Day) LAND DEVELOPMENT 4722 Lot Line Adjustment (6750.001 4722 Parcel Map(4 Lots or Leas) ($2.400.00+635/lot) 4722 Final Tract Map(5 or More Lots) ($3,200.00+635/lot) 4722 Certificate of Compliance ($586.00) 4722 Certificate of Correction (5365.001 4722 Notary Fee(per signature) (610.00) 4722 Vacation of Public Streets&Easements 4###O##f 4722 Assessment Segregation or Reapportionment First Split (6655.00) Each Additional Lot ($200.00) 4721 Storm Drainage Area Fee Per Acre (R•1,$2,000) (Multi-Res,$2,250) (All Other,$2,500) 4920 Parkland Dedication Fee(75%/25%Due Upon Cert.of Occupancy) 511.742 Postage TRAFFIC K4728 Intersection Turn Counts(Two-Hour Count) $72.50) Intersection Turn Counts(a.m.or p.m.peaks) (6145.00) Traf c Flow Map(Daily Traffic Volumes) ($30.00) Campbell Traffic Model(Full Scope Assessment(Actual) Campbell T'raftic Model(Reduced Scope Assess(Actual) Truck Permits (616,00/per trip) No Parking Signs (S1/each or$25/100) TOTAL $ NAME OF APPLICANT �i� r NAME OF PAYOR q PROS C� ADDRESS ! .-. C T� O ••Actual Cost Plus 20%Overhead(Non-Interest bearing deposit) FOR (/ CITY CLERK RECEIVED BY ONLY Date a Pt N ^ 'For Plan Check and Cash Deposits,send yellow copy to Finance. ate Inf jAforms\recelpl from 03-04 7/1/03 � �A T OF Ct3:lF:lRi i N. PAMR; O i t DATE' — —' 1.1 .i. HOW -' - _iiBl" !AI — Lt) 0ul. _ __ NO: rti —_ ;r e — Edward Arango From: Matthew Jue Sent: Thursday,August 07, 2003 3:05 PM To: Edward Arango Subject: Starbuck's One-Way Driveway Regarding the Starbuck's driveway, in addition to the pavement arrows in the driveway, the applicant should install R11 "Do Not Enter" and R10 "One Way w/Arrow" signs facing potential inbound traffic (both signs on north side of driveway and facing NB LT's; both signs on south side of driveway and facing SB RT's. Signs should be installed on private property for Starbuck's to maintain. See diagram below. Note that the arrow for the R10 sign north of the driveway points to the right; the arrow for the R10 sign south of the driveway points to the left. Matthew Jue, P.E. , T.E. Campbell Traffic Engineer 1 f OF CAA Edward Arango,P.E. ,�- Associate Civil Engineer U rr., City of Campbell 0 0 70 North First Street y� Campbell,CA 95008 Ok ` Phone: (408 866-2166 C H AA9. ) - Fax: (408)376-0958 E-Mail:Edwar"@ci.campbell.ca.us Transmittal =CALLPICK To: Zeden Jones Date: August 19,2003 Company: 'Starbucks Coffee Company Address: 455 North Point, Second Floor San Francisco, CA 94133 Re: 1228 Camden Avenue—Public Works Comments ❑ Urgent Q For Review ❑ Please Comment 21 Please Reply ❑ Please Recycle • Enclosures: 1. Public Works' comments 2. Redlined street improvement plans • Comments: Zeden,Public Works' comments for your review. Please revise the plans and provide redlined plans with your resubmittal. Please contact me if you have any questions or comments. Thank you. J:\LandDev\PIan Check Comments\Camden 1228 Trans.DOC 1228 Camden Avenue Plan Check Comments August 19, 2003 Street Improvement Plans: General Comment Due to the uncompleted "Checklist for street improvement plans", further comments with the resubmittal may be necessary to complete the review process. Sheet 1 1. Update general notes 5 & 20. 2. Include encroachment permit number on plans. 3. Include architect information on plans. Sheet 2 1. Use City standard border with 1/2" border, similar to title sheet. 2. Show new driveway approach and reference detail. 3. Show new street tree and tree well. 4. Show new signs to be installed on private property adjacent to southerly driveway. (see attachment) 5. Show sawcut lines. 6. Show curb and gutter to be removed and replaced. 7. Show irrigation lines and irrigation heads on plans. 8. Provide cross section at new grass area. 9. Existing thermoplastic markings need to be removed through grinding, clarify wording to read "thermoplastic" and include 12" band description on plans. 10. See plans for additional comments. 11. Provide redlined plans with resubmittal. Sheet 3 Use City standard border with 1/2" border, similar to title sheet. Sheet 4 Revise sheet page numbers. R71 RlG(Rt) N NTS' STARBLiCK'S SOUTH DRIVEWAY R71 Molt) R/W 1 Recording requested by& w DOCUMENT: 1 L__3 2 0 7 T i t l es: 1 / Pages: 2 when recorded mail this deed to: Fees. . . . 10.00 Affordable Living TrustsIII Taxes. . . 14320=9 Saratoga-Sunnyvale Rd. Copies. . �661EE2k3267� AMT PAID 10.00 Saratoga, CA 95070 Mail Tax Statements to: BRENDA DAVIS RDE # 009 Sean P. Murphy and Laura L. Murphy SANTA CLARA COUNTY RECORDER 1 1/20/2002 19990 Glasgow Drive Recorded at the request of 11 :03 AM Saratoga, CA 95070 At t o r ne Y ' APN# 414-01-001 The undersigned declares the documentary transfer tax is none. (space above for recorders use This is a conveyance to a revocable living,trust.It is not pursuant to a sale and is exempt pursuant to Rev.&Tax Code sec. 11930; nor does it constitute a change in ownership and is not subject to reassessment pursuant to Rev.&Tax Code sec.62(d)(2). Quitclaim Deed For no consideration the below named & undersigned , rantor(s): Sean P. Murphy (who acquired title as Sean Murphy) and Laura L. Murphy (who acquired title as Laura Murphy), husband and wife Hereby remise, release &forever quitclaim to: Sean P. Murphy and Laura L. Murphy, Trustees of the Murphy Trust, created on November 12, 2002 The following described real property (in the): City of Campbell, Santa Clara County, State of California For the legal description see the attached Exhibit"A"which is attached hereto and made a part hereof. (Commonly known as—1228 Camden Avenue,Campbell, California) Date: November 12, 2002 urp ( � Dare. November 12, 2002 � Laura L. Murphy State of California County of Santa Clara On November 12, 2002 before me, Linda MacKay(notary public), personally appeared Sean P. Murphy& Laura L. Murphy, personally known to me - or - proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me hat they executed the same in their authorized capacities, and that by their signatures on the instrument the pers ns or the entity upon behalf of which the persons acted, executed the instrument. / Witness my hand and official seal. t LINDA MAC KAY Signature of Notary Comm.l 138610 NOTARY PUBLIC•CALIFORNIA Santo Clara County My Comm.Expires Nov.5,2006--- -- - - ----- Mail Tax Statements as Directed Above EMBIT Real property in the City of Campbell,County of-Santa Clara, State of California, described.as follows: Beginning in the Northwest line of Camden Avenue at the most Westerly corner of the parcel of land described as Parcel Two in the deed to County of Santa Clara, recorded October 18, 1965 in Book 7143, Official Records, page 687;thence from-said point of beginning S. 24° 24' 08" E. along the Northeast line of said Parcel Two, 18.13 feet to the most Westerly corner of the Parcel of land of conveyed to Reed Surber, et al by Quit Claim Deed recorded April 5, 1972, Book 9775, Official Records, page 42; thence Southeast along the Southwest line of said parcel on a non- tangent curve concave Northeast and having a radius of 240 feet, said curve having radial bearing N. 611.1 58' 56" E., through a central angle of 200 10' 06" for a distance of 84.48 feet to an angle point in the Northeast line of parcel of land described as Parcel One in said deed to County of Santa Clara, recorded in Book 7143 of Official Records, page 687; thence along the exterior boundary lines of said parcel,one the following courses and distances S. 450 28, 37" E. 9,41 feet, S. 510 29' 54" E. 42.98 feet; on a curve to the left from a tangent that bears S. 560 10' 17" E. with a radius of 20 feet through central angle of 106" 35' 42" for a distance of 37.21 feet on a curve to the left from a tangent that bears N. 120 06' 48" E. with a radius of 170 feet; through a central angle of 460 for a distance of 136.48 feet and N. 330 53, 12" W. 111.25 feet; thence continuing N. 330 53' 12"W. along a Northeast line of parcel of land described in the deed to Reed Surber, et al, recorded January 27, 1966, in Book 7262,Official Records, page 193, a distance of 15.93 feet;thence continuing along the exterior boundary lines of said parcel one described in said deed,to County of Santa Clara, the following courses and distance N. 330 53' 12" W. 8.17 feet; on a curve to the right with a radius of 230 feet through a central angle of 150 33' 06" for a distance of 62.43 feet;thence continuing along the exterior boundary lines of the parcel of land described as Parcel One in the deed to State of California, recorded October 23, 1969, Book 8711, Official Records, page 405, on a curve to the right, with a radius of 230 feet, through a central angle of 31 15' 04'for a distance of 13.05 feet and N. 870 50.28" W., 7.25 feet to the Northerly corner of Parcel Two described in said deed to State of California; thence S. 20 09' 32" W. along the Easterly line of said Parcel Two, a distance of 10.26 feet to the most Easterly corner of the parcel of land described in the deed to State of California, recorded i October 23, 1969 in Book 8711,Official Records, page 408,thence along the Southeast line of said parcel S. 21 09' 32" W. 61.73 feet to the most Northerly corner of said parcel of land described in the deed to Reed Surber,et al, recorded in Book 7262, Official Records page 193; thence along the exterior boundary lines of said parcel S. 30 10' 30" W. 34.40 feet and on the arc of a curve to the left, with a radius of 240 feet, through a central angle of 25' 55' 32" for a distance of 108.60 feet to the point of beginning APN: 414-01-001 ARB 413-18-103 41 r - , Orde ,_ber: 521110sc Pag ber: 1 i 1 Y First American Title 1737 North,First Street Suite 100 San 3ose, CA 95112 Ryan Franklin Marcus & Millichap 2626 Hanover Street Palo Alto, CA 94304-1132 Escrow Officer: Carol Weir Phone: (408) 451-7800 Title Officer: Mike Hickey Phone: (408) 451-7800 Owner: Dowd Property: 1228 Camden Avenue Campbell, California In response to the above referenced application for a policy of title insurance;this company 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 Exhibit A attached.Copies of the Policy forms should be read.They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully.The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens,defects,and encumbrances affecting title to the land. 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 liability be assumed prior to the issuance of a policy of title insurance,a Binder or Commitment should be requested. FirstAmerican Title r• Order er: 521110sc Page er: 2 q' Dated as of April 16, 2002 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: ALTA Owners Extended 1992 A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Edward M. Dowd, as Trustee of the Edward M. Dowd 1997 Trust, dated August 7, 1997 The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2002-2003, a lien not yet due or payable. The above will include assessments for the W.V. Sanitary Dist. of S.C. Sewer Svc 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. An easement for pipe and acquaduct accessories and incidental purposes, recorded May 25, 1870 as Book 18 of Deeds page 88 In Favor of: San Jose Water Company Affects: a portion of said land 4. The terms and provisions contained in the document entitled "Deed" recorded March 17, 1890 as Book 122 of Deeds page 176 . By and between Wells S.Trader and annie H.Trader, and S.A. Moulton etal 5. An easement for right of way and incidental purposes, recorded September 16, 1893 as Book 163 of Deeds page 255 . In Favor of: Louis Juen Affects: The exact location cannot be ascertained of record First American Title c - Order' :r: 521110sc Page !r: 3 6. An easement for the right to conduct water from the Mars or Kirk Ditch and incidental purposes, recorded October 20, 1905 as Book 298 of Deeds page 490 In Favor of: Linnie Alexander Affects: The exact location cannot be ascertained of record 7. The terms and provisions contained in the document entitled "Agreement" recorded March 31, 1924 as Book 78, page 242 of Official Records. By and between Ralph C. Bohnet and Winnie I. Finnemore etal 8. Covenants, conditions, restrictions and easements in the document recorded August 2, 1940 as Book 994, page 292 of Official Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 9. An easement for temporary irrigation ditches and incidental purposes, recorded February 11, 1941 as Book 1023, page 212 of Official Records. In Favor of: Dora I. Finnemore Affects: The exact location cannot be ascertained of record io. Covenants, conditions, restrictions and easements in the document recorded August 19, 1941 as Book 1048, page 314 of Official Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 11. A waiver of any claims for damages by reason of the location, construction, landscaping or maintenance of a contiguous freeway, highway or roadway, as contained in the document recorded June 14, 1956 as Book 3523, page 118 of Official Records. 12. Abutter's rights of ingress and egress to or from highway have been relinquished in the document recorded July 13, 1956 as Book 3549, page 335 of Official Records. 1 I A waiver of any claims for damages by reason of the location, construction, landscaping or maintenance of a contiguous freeway, highway or roadway, as contained in the document recorded July 13, 1956 as Book 3549, page 335 of Official Records. 1.1. Abutter's rights of ingress and egress to or from highway have been relinquished in the document recorded August 3, 1956 as Book 3568, page 376 of Official Records. 15. A waiver of any claims for damages by reason of the location, construction, landscaping or maintenance of a contiguous freeway, highway or roadway, as contained in the document recorded August 3, 1956 as Book 3568, page 376 of Official Records. First American Title r, Order n r. 521110sc Page P r. 4 v. 16. An easement for ingress and egress and incidental purposes, recorded January 27, 1966 as Book 7262, page 193 of Official Records. In Favor of: County of Santa Clara Affects: a portion of said land I Abutter's rights of ingress and egress to or from highway have been relinquished in the document recorded October 23, 1969 as Book 8711, page 405 of Official Records. Said land, however, abuts on a public street other than the one referred to above, over which rights of vehicular access have not been relinquished. 18. Abutter's rights of ingress and egress to or from highway have been relinquished in the document recorded October 23, 1969 as Book 8711, page 408 of Official Records. Said land, however, abuts on a public street other than the one referred to above, over which rights of vehicular assess have not been relinquished. 19. A lease dated December 3, 1971, executed by Reed Surbar etal as lessor and Carrows Hickory Chip Restaurants, Inc. as lessee, recorded May 8, 1972 as Book 9822, page 89 of Official Records. 20. Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records. 21. The fact that the land lies within the boundaries of the Central Campbell Redevelopment Project Area, as disclosed by the document recorded December 14, 1994 as Book N699, page 2159 of Official Records. 22. With respect to the trust referred to in the vesting: a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. b. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. 23. The terms and provisions of any unrecorded leases, including, but not limited to, any options to purchase or rights of first refusal contained therein. 24. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/ACSM survey. INFORMATIONAL NOTES 1. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: None 2. General and special taxes and assessments for the fiscal year 2001-2002. First American Title - Order Iq"r `�r. 521110sc Page I ter: 5 y First Installment: $7,504.10, PAID Penalty: $750.41 Second Installment: $7,504.10, PAID Penalty: $760.41 Tax Rate Area: 10 108 A. P. No.: 414-01-001 THE above includes W.V. Sewer Dist., amounting to S4,332.72 3. SHORT TERM rate does not apply. Current vestees were not insured during the-previous 5 years. 4. Collect S10.00 (per parcel) user fee for each Grant Deed for County Monument Preservation Fund. 5. SALE of said land is subject to the County of Santa Clara Transfer Tax of$1.10 per thousand based on equity transferred. G. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116 and if applicable,.115 and 116.2 attached. When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Commercial known as 1228 Camden Avenue, Campbell, California. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. FirstAmerican Title • Order !er: 521110sc Page !er: 6 i LEGAL DESCRIPTI0N Real property in the City of Campbell, County of Santa Clara, State of California, described as follows: Beginning in the Northwest line of Camden Avenue at the most Westerly corner of the parcel of land described as Parcel Two in the deed to County of Santa Clara, recorded October 18, 1965 in Book 7143, Official Records, page 687; thence from said point of beginning S. 240 24' 08" E. along the Northeast line of said Parcel Two, 18.13 feet to the most Westerly corner of the Parcel of land of conveyed to Reed Surber, et al by Quit Claim Deed recorded April 5, 1972, Book 9775, Official Records, page 42; thence Southeast along the Southwest line of said parcel on a non- tangent curve concave Northeast and having a radius of 240 feet, said curve having radial bearing N. 610 58' 56" E., through a central angle of 200 10' 06" for a distance of 84.48 feet to an angle point in the Northeast line of parcel of land described as Parcel One in said deed to County of Santa Clara, recorded in Book 7143 of Official Records, page 687; thence along the exterior boundary lines of said parcel one the following courses and distances S. 450 28' 37" E. 9.41 feet, S. 511 29' 54" E. 42.98 feet; on a curve to the left from a tangent that bears S. 560 10' 17" E. with a radius of 20 feet through central angle of 106° 357 42" for a distance of 37.21 feet on a curve to the left from a tangent that bears N. 121 06' 48" E. with a radius of 170 feet; through a central angle of 460 for a distance of 136.48 feet and N. 330 53' 12" W. 111.25 feet; thence continuing N. 330 53' 12" W. along a Northeast line of parcel of land described in the deed to Reed Surber, et al, recorded January 27, 1966, in Book 7262, Official Records, page 193, a distance of 15.93 feet; thence continuing along the exterior boundary lines of said parcel one described in said deed to County of Santa Clara, the following courses and distance N. 331 53' 12" W. 8.17 feet; on a curve to the right with a radius of 230 feet through a central angle of 151 33' 06" for a distance of 62.43 feet; thence continuing along the exterior boundary lines of the parcel of land described as Parcel One in the deed to State of California, recorded October 23, 1969, Book 8711, Official Records, page 405, on a curve to the right, with a radius of 230 feet, through a central angle of 30 15' 04" for a distance of 13.05 feet and N. 870 50.28" W., 7.25 feet to the Northerly corner of Parcel Two described in said deed to State of California; thence S. 20 09' 32" W. along the Easterly line of said Parcel Two, a distance of 10.26 feet to the most Easterly corner of the parcel of land described in the deed to State of California, recorded October 23, 1969 in Book 8711, Official Records, page 408, thence along the Southeast line of said parcel S. 2° 09' 32" W. 61.73 feet to the most Northerly corner of said parcel of land described in the deed to Reed Surber, et al, recorded in Book 7262, Official Records page 193; thence along the exterior boundary lines of said parcel S. 3° 10' 30" W. 34.40 feet and on the arc of a curve to the left, with a radius of 240 feet, through a central angle of 250 55' 32" for a distance of 108.60 feet to the point of beginning APN: 414-01-001 ARB 413-18-103 First American Title Order ier: 521110sc Page ier. 7 NOTICE I Section 12413.1 of the California Insurance Code,effective January 1, 1990,requires that any title insurance company,underwritten title company,or controlled escrow company handling funds in an escrow or sub-escrow capacity,wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds.This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit.In the case of cashier's checks or certified checks,funds may be disbursed the next day after deposit.In order to avoid unnecessary delays of three to seven days,or more,please use wire transfer,cashier's checks,or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. NOTICE II As of January 1, 1991,if the transaction which is the subject of this report will be a sale,you as a party to the transaction,may have certain tax reporting and withholding obligations pursuant to the state law referred to below: In accordance with Sections 18662 and 18668 of the Revenue and Taxation Code,a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either: 1. A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller,OR 2. A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars($500). However, notwithstanding any other provision included in the California statutes referenced above,no buyer will be required to withhold any amount or be:.abject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars($100,000), OR 2. The seller executes a written certificate,under the penalty of perjury,certifying that the seller is a resident of California,or if a corporation, has a permanent place of business in California,OR 3. The seller,who is an individual,executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence(as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. The parties to this transaction should seek an attorney's,accountant's,or other tax specialist's opinion concerning the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. The Seller May Request a Waiver by Contacting: Franchise Tax Board Withhold at Source Unit P.O.Box 651 Sacramento,CA 95812-06SI (916)845-4900 First American Title Order A - r: 521110sc Page f r. 8 t EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS(BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.Proceedings by a public agency which may result in taxes or assessments,or notice of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests,or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements. liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area, encroachments,or any other facts which a correct survey 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 authorizing the issuance thereof;(c)water rights, claims or title to water,whether or not the matters excepted under(a), (b),or(c)are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs, attorneys'fees or expenses which arise by reason of: i. (a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land; (iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. '_. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured daimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage 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 applicable"doing business"laws of the state in which the land is situated. 5. Invalidity or unenforceabillty of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. G. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy, use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions of area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed 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 such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy;or(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. First American Title 1 y Order ar: 521110sc Page 2r: 9 9 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Policy;s used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. _. Unpatented mining claims; reservations.or exceptions in patents or in Acts authorizing the issuance thereof;water rights, claims or title to water. G. Any lien, or right to a lien,for services,labor or material heretofore or hereafter furnished,imposed by law and not shown by the public records. 4.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.A.ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land,or regulating the character.dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation 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 governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed 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 such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder,(c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable"doing business"laws of the state in which the land is situated. S.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy,the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights, claims or title to water. G. Any lien, or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 6.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH A.LT.A.ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE First American Title Order P r: 521110sc Page P r. 10 The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs, attorneys'fees or expenses which arise by reason of: 1. (a)Any law, ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations) restricting, regulating, prohibiting or relating to(i)the occupancy, use,or enjoyment of the land; (ii)the character,dimensions or location of any improvement now or hereafter erected on the land; (iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b)Any governmental police power not excluded by(a)above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. -. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances, adverse claims,or other matters: (a)whether or not recorded in the public records at Date of Policy, but created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss 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 statutory lien for services,labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy);or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage 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 applicable"doing business"laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction_ evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials(or the claim of priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising from 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 mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on: (i)the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or (ii)the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (iii)the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a)to timely record the instrument of transfer;or (b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights, interests,or claims which are not shown by the public records but which couid be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area, encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights, claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 8.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this polity and the Company will not pay loss or damage,costs, attorneys'fees or expenses which arise by reason of: First American Title ' Order Number: 521110sc Pace N 11 f I (a)Any law, ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances, or regulations) restricting,regulating, prohibiting or relating to(i)the occupancy, use,or en)oyment of the land: (ii)the character,dimensions or location of any improvement now or hereafter erected on the land; (iii)a separation,;n ownersn,�or a change in the dimensions or area of the lard or any parcel of which the land is or was a part; or(iv)environmental protection, or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. .(b)Any governmental police power not excluded by(a)above, except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. _. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a)created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company,not recorded in the public records at Date of Policy,nut known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy;or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on: (i)the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (ii)the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a)to timely record the instrument of transfer;or (b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992 WM REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. G.• Any lien, or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 10.AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1987 EXCLUSIONS In addition to the Exceptions in Schedule 8, you are not insured against loss,costs,attorneys'fees and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: x land use :land division improvements on the land ;environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it,unless: x a notice of exercising the right appears in the public records on the Policy Date the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. First American Title Order a-r: 521110sc Page =r: 12 V 3. Title Risks: `that are created, 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 affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 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 exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE-1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE-1998 Covered Risks 14(Subdivision Law Violation).15(Building Permit).16(Zoning)and 18(Encroachment of boundary walls or fences)are subject to Deductible Amounts and Maximum Dollar Limits of Liability 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,and the existence or violation of any law or government regulation.This includes ordinances,laws and regulations concerning: a. building b.zoning c.land use d.improvements on the land e.land division f.environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes.This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it,unless: a.a notice of exercising the right appears in the Public Records at the Policy Date;or b.the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a.that are created,allowed,or agreed to by You,whether or not they appear in the Public Records; b.that are Known to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Policy Date; c.that result in no loss to You;or d.that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7,8.d,22,23,24 or 25. S. Failure to pay value for Your Title. 6. Lack of a right: a.to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A;and b.in streets,alleys,or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. 12.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH A.L.T.A.ENDORSEMENT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations) restricting, regulating, prohibiting or relating to(i)the occupancy,use,or enjoyment of the Land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the Land;(iii)a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy.This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. (b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy.This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. First American Title N Order A 521110sc Page N 13 Y _. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a Purchaser for value without Knowledge. Defects, liens,encumbrances, adverse claims or other matters: (a)created,suffered,assumed or agreed to by the Insured Claimant; (b)not known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy(this paragraph(d)does not limit the coverage provided under insuring provisions 7, 3, 16, 17, '9. 20,21, 23,24 and 25);or (e)resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4 Unenforceabdity of the lien of the Insured Mortgage 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 applicable doing business laws of the state in which the Land is situated. �. Invalidity or unenforceability of the lien of the Insured Mortgage,or claim thereof,which arises out of the transaction evidenced by the Insured Mortgage and is based upon: (a)usury,except as provided under insuring provision 10 of this policy;or (b)any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on: (a)the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or (b)the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (c)the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: @ to timely record the instrument of transfer;or (ii)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. S. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy.This exclusion does not limit the coverage provided under insuring provision 7. 9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy,and all interest charged thereon,over liens,encumbrances and other matters affecting title,the existence of which are Known to the Insured at: (a)The time of the advance; or (b)The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged,if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7. SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Environmental protection liens provided for by the following existing statutes,which liens will have priority over the lien of the Insured Mortgage when they arise: NONE. 13.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH EAGLE PROTECTION ADDED WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULE 8 This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: Part One: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien, or right to a lien,for services, labor or material theretofore or hereafter furnished,imposed by law and not shown by the public recoros. Part Two: 1. Environmental protection liens provided for by the following existing statutes,which liens will have priority over the lien of the Insured Mortgage when they arise: NONE First American Title rn7 1 TTTF ' I C> -800-345 T1"fTT'Tl 9 SCALE IN I110 OF AN INCH 1 'T- 2 41 5 �_ `;f•, �� OFFICE OF COUNTY ASSESSOR --• S A N T A C L A R A COUNTY, CALIFORNIA I�+ ODOOK PAC£ERIN AC cd WAY — 4 414 a > �• `� TRT N°-294�ED YATES TRACT u � �• I01J lO.J pfJ pl7 (O7J pJ/ IIOI HO /Ili I/JJ /111 lllJ I/7J ° _ 4 II0.14 II IS it 51 51 yl 54 JI 54 54 54 54 {I /S 11.31 I UDnDLAs 8o1`l�o9 69 PeBNL fT.4 c e�5/t 2 9e y/ FaO \473 4z � ILI �0 1 Qcd " 67 41 50; 5542 nI J 49 67 48 I PCL.J7 68 I44 4' " — (i 39" 6 56 A 64 42 63 7it 1 57 3 43 i 1t` 5 M 2 „ 6Q 44 T 66 45 58 53 ". 65 46I 1 59 .i6 I 4 ei0 , 48 52 '41 \ 22 954 / SD 51 216I JJ 61 55°�I — Z4 loll ; E I m59 . 10 'lb o � A " 'o C 0 56 10, ¢r 7• e, 1 c W I I I l f,' `° o o l I I I a ��,t 19 25 ¢ 2 / I I �� CL BOOK I'" o :/ 3 ;/ l I 3, L 412 �` 1 I 4 I 1 1 / �'� ° °� ;�°i �I Ictio 1B °' �hQ i I `1 1 ° r U./il 0 ti) Q1 I �� 5 / / / / 54 ao, n e d yy�1 \\ 17 o y ti `I ... 'll. 5qD / 1 6 °1 1 I / ei / "� P. M. ly \�° 26 Jv I C a a b / J 4 \/ 3g / ;1 / 1 / '� "•7 2gg33..M-31 II $ \ ♦ 0 10. ru40J 1 38 1 `l —� B J / � u.a A.7! IUD... 5t• \ 16 �P o Q' � 9 / I 510f 1e.44 + j ! 0 0 o WGLINCEY Ji' ; l —o! 10 ! l — LN J6 °7 G Il / l hl i 1 / 15 t7 :l "l 12 I 27 y19 o _ m °.q SInJ / 33 / f I 2 6 o � � z �� 13 � 14 . M1,4. J5 f.n2 1 3i qe\b PCL. A w 30 I ti� O = v1 U to -f.r 1.64 AC. f°�.IleB I r1,9,: 28 7 y o o ti J4 1 C >, 69 29 C'J > 0 ,t 4o I Cn a a. `0 N/.57 g 14 F� PT RTNER P.M. 710-M-32 H G H WA Y N.NyW. I/4 SEC � ,y!/ (J V / �'4/F I� ^'I n.I r S'`RG.1 W. ='i' J4.4o loi.io S RQ I V M 1 z FRR�WAY / "L m d0 a1&E IO M EHKJW Fv Rd Ywr 1999-20DO 4r ILAWRENCE E.STCHE-ASSESSOR O OF oAM� CAMPBBLL F C CITY OF CAMPBELL � Public Works Department 1952,Tbe'Orchard Citf 2002 July 28, 2003 Zeden Jones Starbucks Coffee Company 455 North Point, 2nd Floor San Francisco, CA 94133 Subject: Application PLN 2003-069 at 1228 Camden Avenue Dear Applicant: The Planning Commission, as its meeting of July 22,,2003, adopted Resolution No. 3520 approving a Conditional Use Permit to allow the establishment of a coffee shop (Starbucks) on the above referenced project. At your earliest convenience please contact me to discuss the conditions of approval imposed by the Public Works Department and the procedures and requirements for satisfying those conditions. I can be reached at (408) 866-2166 to discuss these items in detail or to schedule an appointment. Sincerely, Edwar Arango, P.E. Associate Civil Engineer J:\IandDev\Std Ltr.doc 70 North First Street Campbell, California 95008-1 4 3 6 TEL 408.866.2150 Fax 408.376.0958 TDD 408.866.2790 C CAMPBELL r � " � s c - CITY F CAMPBELL Community Development Department 1952Tbe0rdjardGty2oo2 July 23, 2003 Zeden Jones Starbucks Coffee Company 455 North Point, 2nd Floor San Francisco, CA 94133 Re: PLN2003-69— 1228 Camden Avenue—Use Permit—Starbucks Dear Applicant: Please be advised that at its meeting of July 22, 2003, the Planning Commission adopted Resolution No. 3520 approving a Conditional Use Permit to allow the establishment of a coffee shop (Starbucks) with early operational hours beginning at 5 a.m. in an existing commercial building on the above reference property. This fiction is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, August 1, 2003. California Code of Civil Procedure, Section 1094.6, governs the time within which judicial review of this decision must be sought. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, Tim J. Haley Associate Planner Cc: QLynn-Penoyer, Public Woiks; Frank Mills, Building Chris Veargason, County Fire Sean &Laura Murphy (Property Owners) 19990 Glasgow Drive Saratoga, CA 95070 70 North First Street Campbell, California 95008-1436 Tei_408.866.2140 rnx 408.871.5140 TDD 408.866.2790 R a� CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY JULY 2212003 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of July 22, 2003, was called to order at 7:00 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Hernandez and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Joseph D. Hernandez Vice Chair: George Doorley Commissioner: Bob Alderete Commissioner: Elizabeth Gibbons Commissioner: Michael Rocha Commissioners Absent: Commissioner: Tom Francois Commissioner: Brad Jones Staff Present: Community Development Director: Sharon Fierro Senior Planner: Geoff I. Bradley Associate Planner: Tim J. Haley City Attorney: William Seligmann Reporting Secretary: Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Gibbons, seconded by Commissioner Rocha, the Planning Commission minutes of July 8, 2003, were approved as submitted. (5-0-2; Commissioners Francois and Jones were absent) COMMUNICATIONS There were no Communications Items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no Modifications or Postponements. ORAL REQUESTS There were no Oral Requests. Planning Commission Mii.s of July 22, 2003 Page 2 PUBLIC HEARING Chair Hernandez read Agenda Item No. 1 into the record. I. PLN2003-69 Public Hearing to consider the application of Mr. Zeden Jones, on Jones, Z. behalf of Starbucks Coffee Company, for a Conditional Use Permit (PLN2003-69) to allow the establishment of a coffee shop with early operational hours beginning at 5 a.m. in an existing commercial building on property owned by Sean and Laura Murphy located at 1228 Camden Avenue in a P-D (Planned Development) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final in 10 calendar days, unless appealed in writing to the City Clerk. Project Planner: Tim J. Haley, Associate Planner Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: • Advised that the applicant is seeking approval of a Conditional Use Permit to allow the establishment of a Starbucks within a portion of an existing commercial building located at Camden and Curtner Avenues at Highway 17. • Reminded that the property owner obtained a Conditional Use Permit in March 2003 to occupy the building that formerly housed Carrows Restaurant. The building is a 5,000 square foot structure and the property owner received approval to occupy two-thirds of the building for a Copy Center. Starbucks is proposing to occupy the remaining one-third of the space or 1,500 square feet. • Described the Zoning as P-D (Planned Development) and the Land Use designation in the General Plan as Commercial. • Stated that staff finds this proposal to be consistent with both the General Plan and Zoning designations. • Said that the proposed hours of operation would be from 5 a.m. to 10 p.m. Operational hours prior to 6 a.m. require a Conditional Use Permit as well as establishing this use in this location. • Said that a Traffic Impact Analysis was prepared for this proposal and while it is clear this intersection is well traveled, particularly during the a.m. and p.m. peaks, this would not represent a significant impact on current traffic conditions. The recommendations were to post a "Keep Clear" area in front of the northerly driveway and to have the southerly driveway be an "Exit Only" driveway. • Stated that the property owner is installing street improvements including the removal of the sidewalk between the two driveways and the subsequent landscaping of that area. • Said that this is a compatible use for the area and there is no substantial building design changes, except for a ledger stone band around the building and the addition of a small patio area. • Informed that a sign application is pending that will be handled at staff level. • Recommended the adoption of a resolution approving this project and the finding of the project as Categorically Exempt under CEQA. Commissioner Doorley asked for further information on the sign application. Planning Commission Mint:__ of July 22, 2003 _ Page 3 Associate Planner Tim J. Haley advised that the property owner would be replacing the existing freestanding sign with a 14-foot high, 50 square foot sign and a wall sign for Starbucks. Both signs would comply with the requirements under the Sign Ordinance and could be approved at staff level. Commissioner Doorley asked if a sign is proposed for placement on the new fagade for the air- conditioning unit. Associate Planner Tim J. Haley replied no. Commissioner Doorley pointed out that not all of the approved building changes have yet been implemented. Associate Planner Tim J. Haley said that the project is not yet completed as they are awaiting .new air-conditioning equipment prior to installing the rest of the improvements. Commissioner Gibbons presented the Site and Architectural Review Committee report as follows: • SARC reviewed this project on July 8, 2003, and supported its approval with the recommended traffic and site improvements. Chair Hernandez opened the Public Hearing for Agenda Item No. 1. Ms. Marcelline Mahern, Development Manager, Starbucks Coffee Company, 455 North Point Street, San Francisco: • Introduced her associate, Zeden Jones, and property owner, Sean Murphy. • Stated that they are excited to be adding another Starbucks in Campbell and looking forward to serving customers off Highway 17. • Said that Starbucks has a history of giving back to the local community through its Starbucks Foundation. • Said that she hopes that the City considers Starbucks to be a good neighbor. • Advised that the color palette and design of new locations changes periodically so that this location will look different from other older locations. • Thanked the Planning Commission, staff and Sean Murphy for their consideration. • Said she would be available for any questions. Chair Hernandez closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Doorley, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3520 approving a Conditional Use Permit (PLN2003-69) to allow the establishment of a coffee shop with early operational hours beginning at 5 a.m. in an existing commercial building on property owned by Sean and Laura Murphy located at 1228 Camden Avenue and found this project to be Categorically Exempt under CEQA,by the following roll call vote: AYES: Alderete,Doorley, Gibbons,Hernandez and Rocha NOES: None Planning Commission Mi1____s of July 22, 2003 Page 4 ABSENT: Francois and Jones ABSTAIN: None Chair Hernandez reminded that this action is final in 10 calendar days, unless appealed in writing to the City Clerk. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: • Advised that Council upheld the Commission's action on the Fence Exception for 1085 Lenor Way and denied the appeal of Mr. Dustin Castro of two of the Conditions of Approval. Council did make one minor modification by removing one word "solid" in order to allow some flexibility between solid and lattice materials for one specific portion of the fence as long is that portion of the fence meets the 6 foot height limitation. • Added that.Council also approved the Planned Development Permit for 300 Orchard City Drive and Reinstated the Planned Development Permit for 206 Shelley Avenue. • Informed that the next Planning Commission agenda would include one item. • Asked the Commissioners to provide available dates during the month of August in order to conduct a Study Session on the Zoning Code Update. Said that the process would include a mobile workshop, which would involve a tour of both residential and commercial projects approved and constructed in order to evaluate how they turned out. (Chair Hernandez advised that he would be unavailable during the first week in August.) • Said that it is anticipated that the Zoning Update would be forwarded to Council by the end of the year. Commissioner Gibbons asked Director Fierro if there is any material available on disk right now. Director Sharon Fierro.replied no but that an outline could be provided. Offered to email it. ADJOURNMENT The Planning Commission meeting adjourned at 7:53 p.m. to the next Regular Public Hearing on August 12, 2003, in the Council Chambers, City Ha 1, 70 North First Street, Campbell, California. ` SUBMITTED BY: Corinne A. Shinn, Recording Secretary APPROVED BY: Joseph Hernandez, Chair ATTEST: Sharon Fierro, Secretary RESOLUTION NO. 3520 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2003-69) TO ALLOW THE ESTABLISHMENT OF A COFFEE SHOP (STARBUCKS) WITH EARLY OPERATIONAL HOURS BEGINNING AT 5 A.M. IN AN EXISTING COMMERCIAL BUILDING ON PROPERTY OWNED BY SEAN AND LAURA MURPHY LOCATED AT 1228 CAMDEN AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. FILE NO. PLN2003-69. 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 PLN2003-69: 1. The proposed coffee house use is consistent with the General Commercial General Plan land use designation and the P-D (Planned Development) Zoning District with approval of a Conditional Use Permit. 2. The proposed coffee house use is permitted in the General Commercial zoning district. 3. The proposed project is compatible with the surrounding commercial uses within the neighborhood. 4. The hours of operation are limited to 5:00 a.m. to 10:00 p.m. daily, which are compatible and complementary to other commercial and industrial uses in this neighborhood. 5. The 34 parking spaces will adequately address the parking needs of the proposed use and exceeds the 23 parking spaces required for a general retail uses for this building. The restaurant standard would require 9 parking spaces for the tenant space where 11 spaces have been provided. 6. The surrounding uses consist of a motel, self-storage facilities and a veterinary clinic. 7. The project site is in the Redevelopment Agency Project.Area 'and the Agency has no objections to the proposed project. 8. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act(CEQA). 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 Zoning Ordinance. Planning Commission Resu'radon No. 3520 PLN2003-69 -- 1228 Camden Avenue--Use Permit—Starbucks Page 2 2. The establishment, maintenance, or operation of the use will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City: 3. The proposed use is compatible with the uses in the area. 4. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features required in order to integrate said use with uses in the surrounding area. 5. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 6. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. .7. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2003-69) to allow the establishment of a coffee shop (Starbucks) with early operational hours beginning at 5 a.m. in an existing commercial building owned by Sean and Laura Murphy located at 1.228 Camden Avenue, subject to the following conditions: Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. 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. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2003-69) to allow a coffee house use in approximately 1,560 square feet of an existing commercial building of approximately 4,680 square feet at 1228 Camden Avenue. The project shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval contained herein. Planning Commission Resc ___3n No. 3520 PLN2003-69 -- 1228 Camden Avenue --Use Permit—Starbucks Page 3 a. Project plans prepared by Gettle-Ryan Inc. and Frank Oldham, Architect dated June 30, 2003, including a site plan, elevations and floor plan. b. Project description dated May 22, 2003, prepared by Zeden Jones. 2. Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period the use must be established on the property. Failure to establish such use within one year from the date of final approval will result in the Conditional Use Permit being void. 3. Revocation of Permit: Operation of the use in violation of the Conditional Use Pen-nit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 4. Hours of Operation: The operational hours for the retail businesses shall be limited to 5:00 a.m. to 11:00 p.m. 5. Signage: No signage is approved as part of the development applications approved herein. The existing non-conforming freestanding sign shall be removed or modified to comply with current sign regulations. No sign shall be installed until a Sign Permit is approved as specified in the Sign Ordinance. 6. Mechanical Equipment: All new roof mounted and ground mounted equipment shall be screened with architecturally compatible materials, subject to approval by the Community Development Director, prior to the issuance of building permits. 7. Trash and Recycling Enclosure: The applicant shall submit details regarding the design and location of a trash and recycling enclosure(s) to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits for the project. Unless otherwise noted, enclosures shall consist of a concrete floor surrounded by a six-foot high solid wall and have decorative self-closing doors. The enclosure shall be constructed at grade level and have a level area adjacent to the trash enclosure area to service the containers. 8. Landscape and Irrigation Plans: The applicant shall submit four (4) sets of detailed final landscape and irrigation plans to the Planning Division for review and approval by the Community Development Director indicating the landscape and irrigation plans shall be consistent with the City's Water Efficient Landscaping Standards. a. All trees shall be a minimum 24-inch box size. All shrubs shall be a minimum of 5-gallon size and ground cover shall be shown to provide 100 % coverage within 2 years of installation. b. All landscaping installed as required per the approved landscape plan shall be maintained in good health. Planning Commission Res-.-don No. 3520 PLN2003-69 -- 1228 Camden Avenue --Use Permit-Starbucks Page 4 Building Division 9. Permits Required: A building permit application shall be required for the proposed modification to the existing commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 10. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 11. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 12. Plan Preparation: This project requires plans prepared under the direction and oversight of a California Licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 13. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 14. Title 24 EnergCompliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. . Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 15. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C. Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 16. Non-Point Source Pollution Control: The City of Campbell, standard Santa Clara Valley Non-Point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24 inches by 36 inches) is available at the Building Division service counter. 17. Title 24 Accessibility - Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 18. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 19. Approvals Required : The project requires the following agency approval prior to issuance of the building permit: Planning Commission Reso'P,.,,'i�)n No. 3520 rr�. PLN2003-69 -- 1228 Camden Avenue --Use Permit—Starbucks Page 5 a. West Valley Sanitation District b. Santa Clara County Fire Department C. Santa-Clara County Department of Environmental Health 20. P.G.&E.: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E..concerning utility easements, distribution pole locations and required conductor clearances. 21. Address: Applicant shall secure new address for additional tenant space prior to issuance of building permit. PUBLIC WORKS DEPARTMENT 22. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report. 23. Traffic N iti ation: The applicant shall prepare a focused traffic impact study that addresses peak hour traffic impacts to at least the Camden/White Oaks intersection and how project trips will enter and exit the project site during the morning peak hour. The applicant shall install mitigate measures as recommended by the traffic engineering consultant and as directed by the City Engineer. The applicant shall mitigate significant impacts. 24. Street Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer,pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The fee for a non-utility encroachment permit application is currently$260.00. The plans shall include the following: a. Removal of southerly most existing non-ADA compliant driveway approach; b. Construction of one new ADA compliant driveway approach; c. Removal of sidewalk between driveway approaches; d. Installation of landscaping between driveway approaches consisting of street trees, turf, ground cover and irrigation; e. Installation of street trees, tree wells, and irrigation south of southerly most driveway; Planning Commission Res...union No. 3520 PLN2003-69 -- 1228 Camden Avenue --Use Permit—Starbucks Page 6 f. Construction of street improvements, including traffic control signs and stripes if applicable, pursuant to the requirements of the traffic impact study; g. Construction of conforms to existing public and private improvements, as necessary. 25. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line. 26. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled building or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 27. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. Streets that have been resurfaced within the previous five years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 28. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements, the California Storm Water Best Management Practices Handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District requirements, and the City of Campbell Municipal Code regarding storm water pollution prevention. The City will provide the applicant with information to assist in complying with this condition of approval. The primary objective is to improve the quality and reduce the quantity of storm water runoff to the Bay. PASSED AND ADOPTED this 22nd day of July, 2003, by the following roll call vote: AYES: Commissioners: Alderete,Doorley, Gibbons,Hernandez and Rocha NOES: Commissioners: None ABSENT: Commissioners: Francois and Jones ABSTAIN: Commissioners: None APPROVED: Joseph Hernandez, Chair ATTEST: 91�aron Fierro, Secretary /•228 Ce_-mdeh /fVe- Lynn Penoyer From: Tim Haley Sent: Monday, June 02, 2003 4:57 PM To: Geoff Bradley Cc: Matthew Jue; Lynn Penoyer Subject: RE: Starbuck's Matthew: Zeden Jones of Starbucks is planning on stopping by on Wednesday 6/4 at about 2:30 p.m. Can we prepare a scope that he can take to Fehr&Peers? Thanks Tim -----Original Message----- From: Geoff Bradley Sent: Monday,June 02,2003 4:03 PM To: Tim Haley Cc: Matthew Jue Subject: Fw:Starbuck's note from MJ -----Original Message----- From: Matthew Jue Sent: Monday,June 02,2003 3:45 PM To: Geoff Bradley Subject: Starbuck's Geoff, Bob and I discussed the Starbuck's TIA and I made copies of the proposals submitted to Zeden Jones/Starbuck's. We decided based on our current workload that we are better off with Starbuck's managing the consultant. Based on my review of the proposals, Fehr& Peers had the best proposal. They included the idea of surveying patrons to determine whether their trip to Starbuck's were pass-by or sole-purpose (I thought that idea was creative and effective). Hexagon's proposal was fine. DKS' proposal was too generic and wasn't from the local office manager (strange). Meanwhile, my concerns for the traffic are lessened since the AM project trips would not be cutting in line since everyone would be stuck in queues in all directions. The next concern is whether there are enough parking spaces on-site to handle the peak hour traffic. This needs to be included in Fehr& Peers'scope. Could you have Starbuck's contract with Fehr& Peers based on their proposed project scope? Matthew Jue, P.E., T.E. Campbell Traffic Engineer 1 w MEMORANDUM CITY OF CAMPBELL TO: Tim Haley,Project Planner DATE: 05/27/03 FROM: Ed Arango,Associate Engineer SUBJECT: DRC APPLICATION Site Address: 1228 Camden Avenue For File No(s): PLN 2003-069 Project Description: Establishment of Starbucks Coffee Shop in Existing Commercial Building Applicant: Starbucks Coffee Company PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL 1. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report. 2. Traffic Miti ate Prior to issuance of any grading or building permits for the site, the applicant shall deposit with the City the cost of a focused traffic impact study that addresses peak hour traffic impacts to at least the Camden/White Oaks intersection and how project trips will enter and exit the project site during the morning peak hour. The City .will hire and supervise the traffic engineering consultant. The applicant shall mitigate significant impacts. 3. Street Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post- security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The fee for a non-utility encroachment permit application is currently $260.00. The plans shall include the following: a. Removal of southerly most existing non-ADA compliant driveway approach; b. Construction of one new ADA compliant driveway approach; c. Removal of sidewalk between driveway approaches; d. Installation of landscaping between driveway approaches consisting of street trees, turf, ground cover and irrigation; e. Installation of street trees, tree wells, and irrigation south of southerly most driveway; f. Construction of street improvements, including traffic control signs and stripes if applicable, pursuant to the requirements of the traffic impact study; g. Construction of conforms to existing public and private improvements, as necessary. JALandDev\Conditions\Camden 1228 v2.DOC Page 1 of 2 1228 Camden Avenue 4. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line. 5. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled building or additions. Applicant shall comply with all plan�submittals, permitting, and fee requirements of the serving utility companies. 6. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. Streets that have been resurfaced within the previous five years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 7. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements, the California Storm Water Best Management Practices Handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District requirements, and the City of Campbell Municipal Code regarding storm water pollution prevention. The City will provide the applicant with information to assist in complying with this condition of approval. The primary objective is to improve the quality and reduce the quantity of storm water runoff to the Bay. JALandDev\Conditions\Camden 1228 v2.DOC Page 2 of 2 L DEVELOPMENT REVIEW COMMENT SHEET APPLICATION t i R f;11Ax11` Distribution: May 27, 2003 Completeness Comments: June 2, 2003 Conditions of Approval: June 9, 2003 ROUTE TO: Architectural Advisor X Fire Department X Police Department Redevelopment Agenc andaDevl_opmentEgin ,X4�-�f=T.r-affc Eng[neer Service Center X Building Division PROJECT DESCRIPTION Application for a modification to a previous conditional use permit to allow the, establishment of a coffee house (1560 square feet) in. an existing commercial building. File No.: PLN 2003-69 APN: 414-01-001 Applicant: Zeden Jones - Starbucks Coffee Company Project Address: 1228 Camden Avenue Zoning: P-D General Plan Designation: General Commercial PROJECT PLANNER: Tim Haley 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 Comments No Comments Additional information/revisions (see attached) e May 22, 2003 Tim J. Haley Associate Planner Planning Department City of Campbell 70 North First Street Campbell, CA 95008 RE: Amended Conditional Use Permit Application for Starbucks Coffee Company at 1228 Camden Avenue, Campbell To Whom It May Concern: I wanted to take the opportunity to address the Planning Department with a Letter of Explanation. Starbucks Coffee Company is truly excited about this prime location at 1228 Camden Avenue. This site has great visibility and the recent renovations by the new owner contribute significantly to the excitement being generated by the community. We feel that our use will be a fine addition to this neighborhood as well as a rest stop for local commuters that may want to stay at our proposed patio area. Starbucks Coffee Company is a small coffee house.that is company-operated. We do absolutely no cooking on premises. Hence, our use will be less of an impact than the previous full service restaurant. We also expect to be a complimentary co-tenant with our neighbor, CopyCo, due to cross-over of customers desiring fine products and services. We hire local residents and offer our partners (employees) great compensation and incentives. We will schedule 4 employees per shift at our peak hours. Our hours of operation are from 5am to 1 Opm Furthermore, our use will not impact the existing congestion. The existing ingress and egress are great. We feel that parking will not be an issue since adequate parking spaces are available on site. We do not expect any additional traffic, but hope to be a suitable alternative to the adjacent fast food uses that likewise serve the existing traffic counts.. If you have any questions or concerns as we construct and open our stores, please feel free to contact me at the number listed below. Sincerely, 1, Ze en Jones Construction Manager Starbucks Coffee Company 455 North Point,San Francisco,CA 94133 (415)241-0256 x.2293(415)227-9991 fax J MEMORANDUM CITY OF CAMPBELL TO: Tim Haley, Project Planner DATE: 05/12/03 FROM: ��ra Lynn Penoyer, Land Development Manager Ed Arango, Associate Engineer SUBJECT: DRC APPLICATION Site Address: 1228 Camden Avenue For File No(s); PRE 2003-015 Project Description: Establishment of Starbucks Coffee Shop in Existing Commercial Building Applicant: Starbucks Coffee Company PUBLIC WORKS DEPARTMENT PRELIMINARY CONDITIONS OF APPROVAL 1. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report. 2. Traffic Miti atg ion: Prior to issuance of any grading or building permits for the site, the applicant shall deposit with the City the cost of a focused traffic impact study that addresses peak hour traffic impacts to at least the Camden/White Oaks intersection and how project trips will enter and exit the project site during the morning peak hour. The City will hire and supervise the traffic engineering consultant. The applicant shall mitigate significant impacts. 3. Street Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The fee for a non-utility encroachment permit application is currently $260.00. The plans shall include the following: a. Removal of southerly most existing non-ADA compliant driveway approach; b. Construction of one new ADA compliant driveway approach; c. Removal of sidewalk between driveway approaches; d. Installation of landscaping between driveway approaches consisting of street trees, turf, ground cover and irrigation; e. Installation of street trees, tree wells, and irrigation south of southerly most driveway; f. Construction of street improvements, including traffic control signs and stripes if applicable, pursuant to the requirements of the traffic impact study; g. Construction of conforms to existing public and private improvements, as necessary. JA.andDev\Conditions\Camden 1228 App2 Pre.DOC Page 1 of 2 1228 Camden Avenue 4. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer ceanout(s) shall be installed on private property behind the public right-of-way line. 5. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled building or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 6. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. Streets that have been resurfaced within the previous five years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 7. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements, the California Storm Water Best Management Practices Handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District requirements, and the City of Campbell Municipal Code regarding storm water pollution prevention. The City will provide the applicant with information to assist in complying with this condition of approval. The primary objective is to improve the quality and reduce the quantity of storm water runoff to the Bay. J:UandDev\Conditions\Camden 1228 App2 Pre.DOC Page 2 of 2 5� C��OV J�fl—0out'a t e Cl CIO t 77 N. J I t h� t h X � t 8 { c•—may {``� q {f@, � 1 ! _ Y •ei-L yy f v i, i •p, ' r S yjA 'y,� .. h: • i�,1 Y� 4 ''�!L i Lynn.Penoyer From: Matthew Jue Sent: Tuesday, April 29, 2003 9:19 AM To: Lynn Penoyer Subject: DRC Comments Lynn, Here are my comments regarding two pre-applications: 1. PRE 2003-12(UP), 579 East Campbell Avenue. My concerns for the Smoothie site include the use of an adjacent site for handicapped parking and the need for vehicles exiting that space to back out over the sidewalk and into Campbell Avenue. The handicapped space should be located on-site in the back parking . lot; access between the lot and-building would need to be made via a sidewalk. r ,:2-PRE-2003=1"5;ss1228 Camden_Avenue.?"Based=on:information--fr_om-two-local--trafficengineering-consultants,a-== r Starbuck's-type coffee house will likely generate over 100 trips in the AM peak hour at the project site's v driveways. Much of the project trips will be "diverted link"trips-existing traffic diverted off Camden Avenue- or"pass-by"trips off Curtner Avenue. However, the impact of these trips is real and cannot be ignored. The City of Campbell will hire and supervise the traffic engineering consultant. The applicant will be required to o `I reimburse the City for the costs related to the traffic study. The City anticipates a focused traffic impact i q study that must address how project trips will enter and exit the project site during AM peak hour when ramp meter queues from Highway 17 Northbound On-ramp regularly. Matthew Jue, P.E, T.E. ^--------------- ------------- -� - —-- __ _--_ � ---- ------- - -- --_ ----- Campbell Traffic Engineer _ From: Matthew Jue Sent: Tuesday, May 06, 2003 12:19 PM To: Edward Arango Subject: RE: 579 E. Campbell See my additions below. Looks good. Matthew Jue, P.E., T.E. Campbell Traffic Engineer -----Original Message----- From: Edward Arango Sent: Tuesday, May 06, 2003 12:04 PM To: Matthew Jue Subject: 579 E. Campbell Hi Matthew, Lynn asked me to follow up on your comments regarding pre-application 2003-12(UP), 579 E. Campbell and 2003-15, 1228 Camden Avenue. Please review and comment on the following Public Works comments proposed to be sent over to planning. (please reference your April 29th e-mail to Lynn re: DRC Comments.) These are both overdue so your prompt reply would be appreciated. 579 E. Campbell Avenue (smoothie cafe) Traffic Circulation Issue: Prior to issuance of any grading or building permits for the site, the applicant shall satisfy the following traffic circulation measures: Relocate the proposed handicapped parking space from adjacent site to on-site in the back parking lot, with a sidewalk access between the lot and building.. 41228 Camden Ave_nue-(Sta`rbucks af�old:Carrows site) Traffic Mitigation: Prior to issuance of any grading or building permits for the site, the applicant shall deposit with the City the cost of a focused traffic impact study that addresses peak hour traffic impacts to at least the Camden/White Oaks intersection and how project trips will enter and exit the project site during the morning peak hour. The City will hire and supervise the traffic engineering consultant. Significant impacts shall be mitigated by the applicant. Page 1 of 5 received on 212712003 3:49:03 PM[PaciFl; ,dard Time]STORE DEV NO.029 P.1 i5 STORE: Camden & Curtner DATE: 2127103 PROJECT#20596-001 PROJECT MGR: David Wright . YEARLY SALES: $780K CITY: Campbell SQUARE FEET: 1556 BASIC DIMENSIONS: irreg. STORE TYPE: ❑ Ea Core ■ Eb Core ❑ Drive-thru ❑A/B Mix PALETTE: ❑ Brew-3 ■ Roast-3 ❑Aroma- 3 ❑Grow-3 . COMMENTS/ CORE STORE EXCEPTIONS: This existing, vacant space is at a very busy intersection with an existing pylon sign providing excellent visiblllity. Interior calls-for(2) Verismos, 12 metros, "B" filter, and 22 seats. Outside a new patio is possible for additional seating but requires lease negotiations at this time. Future logos are possible on the upper roof walls. SIGNAGE: ■ Letter size: 14" ■ Pylon sign panels ❑ Int. susp. logo ❑ Blade sign ❑ Monument sign ❑ Fabric awning MERCH CONCEPT: ■ Signature ❑ 3R ❑ Coffeehouse Total CompTnents: WALLS: 0 Paint throughout ■ Vinyl hardening pkg. 1 70% light reflectance ❑ MDF wainscot/ch. rail ■ Wood chair rail ❑ PI, laminete wainscot SALES CEILINGS: ❑ Open to structure ■ ,Acoustical ceiling tile ❑ Exposed HVAC• Ceiling hei ht:1iI GRAPHICS: ■ Mural Wallpaper ■ Photo Grp ❑ Mural Panels ■ Stamps ■ Mural Canvas Attachments: Site Plan,Schematic Floorplan, & Exterior Elevations All questions and comments due back to Project Manager by Tuesday N- con the day following the Monday Operation's schematic call. RECEIVED APR 14 2003 CITY OF CAMPBELL PLANNING DEPT. Rav'd.•02127103 page 9 uasharedltemplatelsdata.dot Pa e 2 of 5 received on 212712003 3:49:03 PM 1Pacific Bard Time]STORE DEV -- N0.02 P.24 1228 Camden Avenue @ Curtner & HWY 17, Campbell iI A, i Ca/77.ae G ti Parking - 44+ Stalls -- (All Fuh Size) CO � q 11.® M i Y Drawing Not Exaot111ot 1b Scale 02U01 Cohlen Intamatlmal . PALLETTE: PROJECT N0: v COFFEE COMPANY Roast 3 20596-001 � lox -L�AND A( 2401 UTAH AVENUE SOUTH NGR E S\GN SEArtF WASMNGT,='*ssTS4 DRAWN 8y: 5W Q\y ,�STORE NAME:Camden & Curtner D WRIGHT 1556 �ydSAVG ADDRESS: �. Campbell,CA DATE: SQUARE FT: a STARBU STORE NUIdBER: 2127iO3 COFFEE N 0 o 0 w CL ' 3 U) CD ;a M t7 m z 0 m EAST ELEVATION (FACING CURTNER) ! m Page 4 of 5 received on 2/2712003 3:49:03 PM[Pacific Aard Time]STORE DE y� IC 11 6 NO.029� ETIP' 4/ PROJECT NO: C OF FEE G4�ilPANY Roast 3 20596-001 2401 UTAH AVEN ,e SOUTH SEATTLE WASHING ON 98134 DRAWN BY: BOMA, STORE NAME+Camden & Curtner 0 WRIGHT 1556 ADDRESS: ! Campbell,CA DATEi SQUARE FT STORE NUMBER 2/27/03 i i SOUTH ELEVATION L___j NORTH ELEVATION PALLETTE: PROJECT NO, (COFFEE C(OO MP&M.Y Roast 3 20596-001 2401IIIA14 A`IENUE SOUTM - .. . SEATTLE WASMGTON 98134 DRAWN BY: SOMA; ; 0 STORE NAME:Camden & Curtner D WRIGHT 1556 ADDRESS:Campbell,CA DATE: SQUARE FT: n STORE NMEER 3/4/03 0 0 • A N • 3_pp0R1T1 � M��RaS a P��LS So �p ER 3�l ui El L^ o --- L l2�VERIS�'�S gSA�s -- z 1 9 1 1 m CCD O1 St1�ES 'S�ppES N p� DEVELOPMENT REVIEW COMMENT SHEET PRE-APPLICATION Distribution: April 21, 2003 Comments: May 5, 2003 ROUTE TO: Architectural Advisor X Fire Department Police Department _ Redevelopment Agency_ _ Xl: Land Development En_giineer_ X Traffic Engineer Service Center X Building Division PROJECT DESCRIPTION Pre-application for the establishment of a Starbucks coffee shop in an existing commercial building. File No.: PRE2003-00015 APN: 414-01-001 Applicant: Starbucks Coffee Company Property Owner: Murphy Trust Project Address: 1228 Camden Avenue Zoning: P-D (Planned Development) General Plan Designation: General Commercial PROJECT PLANNER: Tim Haley 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 Comments No Comments b A �i? �,, �•,,��Y�� y`1 y�� 4�rs"-t'}f� � r ; - {t' (� Pavement Restoration Note: y � 1; The City Engineer reserves the right to amend or change :1•'�.t�F'" I I F , )'I i', ` �.I l'1 1 a`�t, ,, h-,<-, the pavement restoration area should any utility , `�li.•-'-,('?';• ,�� trenches, connections, facilities, etc. change in location Lil jt '`• .�1 5,� from what are shown on these plans, or for pavement L. �.9• '1: � ,t' damage caused b the Contractors construction ca 9 Y o equipment. Any changes the City Engineer requires con ,5 `•_ -_ ij �. Yh, r include but are not limited to: full removal of existing pavement structural section, installation of pavement structural section, grinding and installation of pavement, k1t'� F3ii;I{,• =`'X , overlay of pavement. T N f N A EID Ap `TT �a 'J o rc ,4�j"I'i}1 r ALIGN NEW DRIVEWAY I 1 APPROACH WITH ENDS OF EXISTING �} �.,'•�._. { 1�1..--.. :�;� 1... PARKING STALLS -_— _�- �- 'I� Ex. THRu cul:e DRAIN �W� ... , .......... it AND CURB. t .( ."LL'. 1l� v r PROJECT NOTES �..., ..:ram_,... �. - '^`a' , 2 1 5 5 1 1 A' � 1 1 REMOVE EXISTING SIDEWALK BETWEEN DRIVEWAY APPROACHES ...,, -=-:E�, E E '� -' . ` - i -.,. \3 ' ' \' � _ \\ � �� \'•� \'P +- -- _. - .. ��`� Q(J I 2 1 \\\ 1 d I ` O FIELD VERIFY EXTENT OF REMOVAL,. � _ -1 E E� t \ \ }:��,\ \ � ��`• I 1 O EXCAVATE EXISTING SOIL A MINIMUM OF 12"BELOW TOP Or • 1. ADJACENT CURB AND DISPOSE OF MATERIAL INSTALL NEW TOPSOIL PER CITY'REQUIREMENTS. COMPACT SOIL AND SLOPE 27' TO STREET CURB. INSTALL SOD PER CITY REQUIREMENTS. +e - - - e _��--'- - -- - L 13 1.::. I OINSTALL NEW LANDSCAPE IRRIGATION SYSTEM. THE IRRIGATION EX TH A ,.. . SYSTEM SHALL BE DESIGNED AND INSTALLED BY THE GENERAL [�L 9 'I . III• E-�.� •�'--- CONTRACTOR. CONNECT TO THE EXISTING, ON-SITE, WATER AND CURB DRAIN N I E I J E - a Pa W _ SPRINKLER SYSTEM. FIELD VERIFY THE IRRIGATION LINES AND CL j E—t SPRINKLER HEADS. THE GENERAL CONTRACTOR SHALL PROVIDE A `9I EQ. EQ. EQ. ,:� �� DRAWING OF THE PROPOSED IRRIGATION SYSTEM TO THE CITY FOR REVIEW AND APPROVAL PRIOR TO INSTALLATION. IRRIGATION LINES ? W TO STREET TREES AND SOD ARE SHOWN CONCEPTUALLY. J R N /in,il V ' �f I w,QO4 INSTALL NEW 4,5'X4.5'TREEWELL IN SIDEWALK, SAWCUT EDGES. EX.WATER METER a E R (S Ell" U >>�Z DRILL OUT CORNERS. DO NOT OVERCUT CORNERS. 'FIELD VERIFY 12f 15 15 EX.THRU CURB DRAIN R0'C)THE EXACT LOCATION WITH THE CITY PRIOR TO CONSTRUCTION. EX.HYDRANT NOT THE POSSIBLE PRESENCE OF AN UNDERGROUND ELECTRICAL LINE. RELOCATE THE TREEWELL AS REQUIRED TO PROVIDE 15 EX.STREET LIGHT alb CLEARANCE FROM THIS LINE PER CITY REQUIREMENTS. FIELD EX,STREET LIGHT VERIFY LOCATION. - ,--t C�2 a CQ 1•4 OS INSTALL NEW STREET TREE. ALL STREET TREES ARE TO BE - - - .W E, SPOPHORA JAPONICA(JAPANSES PAGODA TREE). INSTALL PER _ W 'CITY STANDARDS. SEE DETAILS 1/C3 AND 3/C3. - 6 REMOVE EXISTING DRIVEWAY APPROACH,SIDEWALK.CURB, AND pq 7) O' GUTTER AS SHOWN ON PLANS. SEE DETAILS 4/C3 AND 5/C3. - _ �55� O INSTALL NEW CONCRETE DRIVEWAY APPROACH.SIDEWALK, CURB LEGEND AND GUTTER AS SHOWN ON PLANS. SEE DETAIL 4/C3 AND 5/C3. W�U SIDEWALK TO REMOVED AND REPLACE WITH TURF AND IRRIGATION PRG?Epsi "'a H E1 0 OB APPROXIMATE SAWCUT LINE FOR NEW DRIVEWAY APPROACH. FIELD / �Ln` RUMA ERISTMO RATERIF:12'nOW VERIFY EXACT LOCATION. ///� TOP dp C0.0 AV3 pKufE w11N TOp ( U /. son AID MTAL scc. LT.O f�9 INSTALL.NEW 12" WIDE, WHITE, THERMOPLASTIC DELINEATION I �,,,.,,na WN16(rmek Off' 7-� BARS AHEAD AND BEHIND THE EXISTING KEEP CLEAR MARKINGS. 1 Clfin9 w YAVtLLNT � 10 INSTALL STANDARD SIGN R11 AND R1O(LT). SIGNS TO FACE NEW CONCRETE CURB.GUTTER'AND SIDEWALK PER CITY STANDARD s STREET. DETAILS T.1 q T 11 INSTALL STANDARD SIGN R11 AND R10(RT). SIGNS TO FACE K aS Y 1 a 1'j�'t } STREET. I l .�t�.,,I t--t 11 +.:`lit l 1 r --`4{ 1,1� ..^�" ` j GRAPHIC SCALE 12 FIELD VERIFY ALL UTILITY LOCATIONS. UTILITIES AS SHOWN ARE _�1 1 f 1 '1•' �II)T• "- e FOR GENERAL INFORMATION PURPOSES ONLY AND HAVE NOT BEEN IU1TiY 1 m k FIELD VERIFIED. 13 CONTRACTOR SHALL CAP BUSHING ELECTRICAL LINE PER DETAIL _ (IN TMET) ` IRA ` B/C3. S f`"� REMOVE EXISTING SIDEWALK TO EDGE OF EXISTING DRIVEWAY I`.✓ I�✓J I (P"y 1 lnc6= to tt n� 14 ' 2 APPROACH. EXISTING DRIVEWAY TO REMAIN. RrB 15 INSTALL WHITE THERMOPLASTIC"KEEP CLEAR"MARKINGS PER �9egorc... SCALE: L CALTRANS STANDARDS AND 12'WIDE THERMOPLASTIC DELINEATION y O,rH r�x 1'1- 101 BARS. � c 1z,os fi o�v.oa ,e 5 SHEET: CINL Tf OF CAL,f�p C-G