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91 S. Central Ave. (73-5) RECEIPT CITY OF C/-1PBELL CAMPBELL, CAL,..-ORNIA NAME tt~,/ ~4~¿-~ C2t& 'DDR'" /;7.2 ~Cc_~ ~ (' / FOR ~4- I. Æ.þ d¿7 ~ - ;¿J~ ~f + a£Þ4.. ¡ J,<- ..r C r1 -/ tf"-t,' 4 1/ ._~ ~ /lø .- i I ~. )- - r---' /j"'. -. /'-' i 4/,,::>""[.'-(/ L. t ùþ .(!.[;-c ék/ ¿&~---- REVENUE ACCOUNT NO. i3..J-/ vi- FUND NUMBER /ýtf ~CHECK . 0 MONEY ORDER 0 CASH DATE AMOUNT THIS RECEIPJ' MUST BE MACHINE VALIDATED AND SIGNED BELOW. MAR 15-73 MAR 15-73 008 *****76_00 51 ooaA ****76.00 ~s 451 BY /\~_r ~r L . " I' CITY CLERK CITIZEN COpy Thank You CITY OF CAMPBELL ~ ,- 'J \J '-I "-I ~........ ..j . .. é' (~) 6:¡ p . ~1. 73- 11 CONDITION OF APPROVAL ATTACHED TO APPROVAL OF TIlE LANDS OF ¡IIAC LAUG!!t IN AND ~1I LLEN, THE FACTORY. PROPERTY LOCATED SOUTIl OF EAST CAMPBELL AVENUE BETWEEN SOUTH CENTRAL AVENUE AND SOUTH FIRST STREET. 1 . Final map shall be filed with the City Engineer for examination, approval and recordation in accordance with the provisions of the Subdivision Map Act. APPROVED BY THE PLANNING DIRECTOR OF THE CITY OF CN-IPBELL, ON HARCH 26, 1973. " ,,' '1,,< ,.'<~-",/...-' ,,;', ":-,'~, , AliTHUR A. KEE, PLANNING DIRECTOR APPROVED BY THE CITY ENGINEER OF THE CITY OF CA~IPBELL ON MARCH 26, 1973. (, '- ~ ,/- (;" \ /"" c,--¿r ) 1,/, / /, " 1.1, . )/ (f "',/.,/1, !" '>! , ,,' , ',' .',;' . /.1 I ',' Ie.',' '- ,,' " wrrr:IN'f G. WREN, -CITY; ENGINEER INTER-DEPARTMENTAL MEMORANDUM FROM: Building Department Public Works Department TO: The requirements of the Public Works Department have been satisfied for the following development: APPLICANT f\ C-f~~ n r,\ 1 L-.'- F-,~ BUILDING ADDRESS '1 ¡ s; C1~11-7.1,* C-- ?-~I..-,E COUNTY ASSESSOR'S PARCEL NUMBER .. 8" APPROVAL NUMBER PUBLIC WORKS F ILE NUMBER J~-S S'. Chi: ' é{-kì . WILLIAM G. WREN, DIRECTOR OF PUBLIC WORKS By ¡!;¡; A - 1//---- +-/7 --7 \ Date ~-(L RECEIPT CITY OF CAMPBELL CAMPBELL. CALIFORNIA NAME BOYD L. WHITEHEAD AND M. J. MacLAUGHLIN ADDRESS 30 SO. CENTRAL AVENUE CAMPBELL FOR THE FACTORY: 30 So. Central Ave. Fire Hydrant 35l-A 361-A 374-A $ 630.00 3,863.00 1~0 $4,688.00 Plan Check Storm Draln REVENUE ACCOUNT NO. FUND NUMBER A c;:¡.35628 ~CHECK 0 MONEY ORDER APR 12-73 THIS RECEIPJ' MUST BE MACHINE VALIDATED AND SIGNED BELOW. 0 CASH 1111 .'h~,6B8.00 .00 APR 12-73 APR 12- 7J 611111 A **3,B63.00 511111 A ** * 630.00 ~s 758 r BY'~' L-ty , ',- ,¡ (-,-_.-"'" Thank You CITY OF CAMPBELL CITY CLERK CITIZEN COpy CITY OF CAMPBELL M~MOJ\\NDUM To: Kevin Duggan, City Manager Date: Apri 1 7, 1986 From: Joe Elliott, Director of Public Works Subject: LIABILITY INSURANCE - CITY PARKING STRUCTURE ---------------------------------------------------------- At the City Council meeting of April 1, 1986, the Council reviewed a letter from Mr. Phil Assaf, the City Bond Counsel, regarding a paid parking request at the Water Tower Plaza parking structure. The Council noted that Mr. Assaf had discussed the public liability in- surance requirement of the Water Tower Plaza owners in accordance with the existing maintenance agreement between the City and those owners. The staff has reviewed the status of those Insurance policies and has determined that the appropriate policies are In effect in accordance with the terms of that agreement. BH/le (' u_--------,---- ------u- ----- , CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Department: Public Works March 26, 1986 Stan M. Davis Water Tower Associates 300 Orchard City Drive Su i te 1 26 Campbell, CA 95008 REFERENCE: Your letter of January 27, 1986 Dear Stan: The enclosed staff report wi!l be presented to the City Council at the meeting of April 1, 1986, Please contact me if you have any questions regarding this report. Very truly yours, Joseph Ell iott Director of Public Works Bill M. Helms Engineering Manager BMH/le cc: Kevin Duggan, City Manager ì RECOMMENDATION: That the City Council determine that paid parking should not be initiated at the City parking structure. DISCUSSION: In response to a request from Mr. Stan Davis, owner of the Water Tower development, the staff was directed to review the advisability of charging for parking at the City's parking structure. That request was referred to the City's bond counsel and, based upon Mr. Assaf's evaluation and recommendation, the staff feels that the City Council should not take any action to initiate P?id parking. COST: -0- PREPARED BY: Public Works AGENDA: Apr i I I, 1986 MEMORANDUM CITY OF CAMPBELL To: Kevin Duggan, City Manager Date: Ma rch 25, 1986 From: ~e Ell iott, OJ rector of Publ jc Works Subject: REQUEST FOR PAID PARKING AT CITY PARKING STRUCTURE ---------------------------------------------------------- On January 27 a letter was received from Stan Davis, managing general partner of Water Tower Associates, requesting permission to charge for parking on weekends and hol idays in the City parking garage adjacent to Water Tower Plaza. On February 18 that letter was referred to staff by the City Council for review and response. As a part of that review, a copy of Mr. Davis' letter was forwarded to Phil Assaf, of Wilson, Morton, Assaf & McElligott, the City's bond attorney, for an opinion relative to the legality of Mr. Davis' request. A letter was received from Mr. Assaf on March 3 providing an analysis of the background of the assessment district which provided the construction funds for the structure, and his opinion regarding the legal ity of the request. A copy of each letter is attached for your review. Mr. Assaf indicates that in his opinion if charges are to be levied for parking within the City parking lot or structure, the revenues derived from those charges would necessarily have to be used solely for the physical maintenance of the parking lots, and not for security or other appurtenant services. Additionally, Mr. Assaf points out that the City has in effect a binding agreement_with the current owners of Water Tower Associates, as successors in interest to an agreement executed between the City and the Factory, Ltd., ,providing for all facets of the physical maintenance of the parking struc- ture and lots at no cost to the City. Mr. Assaf indicates that an additional charge for parking in these areas could bring into question the legality of the City's action. Mr. Assaf's conclusion, therefore, is that the City should not, either directly or indirectly, charge for parking within the City parking struc- ture or the adjacent lots. The staff is in agreement with Mr. Assaf's conclusion and recommends that the City take no action to initiate paid parking within the City parking areas. BH/le enc1 . WILSON MORTON ASSAF & McELLIGOTT, ATTORNEYS AT LAW ""'UT A, W'L60" 0' COUNO" JAMU T, MO"TO" ~HOL'~ 0 USAF ~£GGY L, Mc£LLOGOTT "...-,.... THOMA. 0, ADAM. .H£""OD .' DAV'. GUALD A, LUT£" JAMU L, CO~£LA"D MAY£" A. D""OEL JOA.. £, O"'ODY JA"U 10 ~U"ELH "OO'"T K, OOOTH. J", JA"'. A, HILDU"""D fl30 NORTH SAN MATEO DRIVE ~, 0, BOX '~2 AUTOMATIC TELECOPIER G~S ("'!I) ""2-63112 SAN MATEO. CALIFORNIA 114401 (415) 3"2-3523 PLEASE REPLY TO, ~. 0, BOX '52 SAN "ATEO, CA .....01 February 28, 1986 City of Campbell Department of Public Works 70 North First Street Campbell, California 95008 Attention: Joseph Elliott Director of Public Works Re: Parking District t1-A Local Improvement District No. 27 Dear Joe: This will acknowledge receipt of your letter, the attached letter dated January 27, 1986 from Davis. together with Mr. Stan M. You have requested our opinion as to permissible with regard to Mr. Davis' request. what is legally The parking garage is a City-owned public facility and, as a consequence, it would be impossible for the City to authorize a private individual to charge for parking on a public facility. The City, of course, could install meters or institute charges for parking in the structure, but could not delegate this authority to Mr. Davis or any other private party. The private security patrol, I assume, has been hired by Mr. Davis. As a private security patrol, I do not believe that it would have any police power or authority over the public parking garage and the security patrol could only patrol the private property of the Factory. If it is desired that the parking structure be patrolled, it should be patrolled by the City Police Department which does have the police power to issue citations, etc. One possibility would be to deputize the officers of the private patrol, if this is allowed by law, and I would recommend that the opinion of the City's attorney be obtained as to this question. City of Campbell Attention: Joseph Elliott February 28, 1986 It is my understanding that the members of the Stanford Police Department have been deputized as sheriffs by the Sheriff's Department in order to afford them police powers. I am uncertain as to whether a city police department may also follow this procedure. During the course of the formation proceedings, a maintenance district was formed for the purpose of maintaining and operating the parking improvements. Because of the passage of Proposition 13, it was impossible to utilize the maintenance district to raise the money necessary for maintaining the structure. In addition, the owners at that time requested the City to allow them to contract for the maintenance of the facility inasmuch as the maintenance district was comprised only of the lands within the assessment district. This was accomplished by an agreement dated July 10, 1978 between the City of Campbell and the Factory Limited, owners of the property at that time. The agreement was made a covenant running with the land and was recorded in order that subsequent owners of the property would be bound by its terms. The maintenance contemplated did not include security patrols but rather the maintenance of the actual parking facilities. I would point out that the structure, being a public facility, should be maintained by the City, and the agreement between the City and the owner of the property is, in effect, a contract let by the City for the maintenance of the improvements. It could well be, if the City instituted charges for parking by either a validation or parking meter process, a taxpayer in the City could question the charge for parking because 9f the existence of the agreement which obligates the owners of the Factory complex to maintain the structure. Accordingly, I would advise that, unless the private patrol could be deputized by the City Police Department, security for the lot should be provided by the City Police Department and that no money raised by the charges, if charges are to be instituted, be utilized to pay for the patrol, and that such charges be used solely for the maintenance of the actual parking improvements. I would remind you that the agreement provides that the owners of the Factory complex, at its sole cost and expense and at no cost or expense to the City, take out and maintain Workers Compensation insurance and public liability and property damage insurance in the amount of $500,000/$1,000,000 and that any such policy provide that it shall not be revoked by the insurer until 30 days written notice of the intended revocation first be given to the City, and further, that the owners of the Factory shall WILSON MORTON ASSAF Be McELLIGOTT :- City of Campbell Attention: Joseph Elliott February 28, 1986 Page Three indemnify and hold harmless the City and City Council and any officer, agent or employee of the City from all suits or actions at law for damage or injuries to persons, life or property that may arise or be occasioned in any way because of the owner's performance of the contract. The agreement further provides that the owners shall file with the City copies of the policies and any and all renewals thereof including proof that the City, the City Council and its officers, agents and employees are included in such policies as co-insureds in relation thereto. The City's files should be "tickled" to be certain that this insurance is in effect at all times. I believe this will answer the questions raised in your letter of February 14, 1986. If I can be of any further help, please do not hesitate to call me. Very truly yours, for Wl~ ~SA~lGOTT PDA:pat WILSON MORTON ASSAF & McELLIGOTT -- r- CITY OF CAMPBELL ~ ~ 75 NORTH CENTRAL AVENUE CAMPBELL, CALIFORNIA 95008 (408) 378-8141 Department: Publ ic Works December 23, 1983 TO WHOM IT MAY CONCERN FROM: JOSEPH ELLIOTT, DIRECTOR OF PUBLIC WORKS SUBJECT: ENCROACHMENT OF liTHE FACTORY" BUILDINGS ON CAMPBELL PARKING DISTRICT NO.1 PROPERTY It has come to our attention that a portion of a building at the most northeasterly corner of The Factory complex may encroach on land that was deeded to Parking District No.1. If this is the case, the encroachment is neither intended nor desired by the City of Campbell. Please be assured that the City will: (1) Ascertain and verify whether or not such encroachment exists; and (2) If such encroachment exists, take such actions as are necessary to give up any claim to land that may be under any portion of The Factory's buildings. Action (1) and, if necessary, action (2) will be taken as quickly as possible by the City. ~~¿/~ 40S~H ELLIOTT DIRECTOR OF PUBLIC WORKS cc: Mr. Steven D... Apker 1495 Pa rk Avenue San Jose, CA 95126 (5 copies) - CITY OF CAMPBELL ""~-~1 I . ""'Ì Ii ","'~,"ND Î ,,--------:.':'~,~::" j ~;~~- J i' FiU:S "Z{Lict,Þ\;'- -- ¡"-- ;, ,,-- ' I I '~ í 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Department: Public Vbrks .~ - II I Ii ï"'Ii ; ..,.,,-~ II AtJ3"Ust 20, 1985 , Ms. JoAnn Gein Pacific Pioneer 1641 N. First Street Suite 105 San Jose, CA 95112 RE: WATER 'l"'CWER PIAZA FILE 00. SC(49) Dear Ms. Gein: 'Ibis is in response to the UNo questions posed in your letter to this office dated July 19,1985. We are still researching your first question whether the agreanent for street improvanents executed by Richard Willen, et al, reoorded in Bcx:>k 0 379, page 457, has been satisfied. We are unable to locate dxurœntation that the City has been reimbursed the $10,917.39 for the improvaœnts. Your other question can be definitely answered in the affirmative. 'Ibe obligation to provide off-street parking is being satisfied through assess- mant District No. 27, Parking District No. I-A. We will infom you as soon as we have a definitive answer to your first question . Sincerely, Joseph Elliott Director of Public Vbrks by James Penoyer Engineering Tec1mician I JP:dc CITY OF CAMPBELL ~ MEMORANDUM To: J. Robert Dempster, City Attorney Date: January 12, 1984 From: Joseph Ell iott, Director of Publ ic Works Subject: FACTORY COMPLEX - VACATION OF A PORTION OF PUBLIC PARKING EASEMENT ---------------------------------------------------------- A private survey of the Factory complex has revealed that the northeast corner of the Komatsu Japanese Restaurant was inadvertently included in a dedication to the City for public parking purposes. We wish to vacate all but a portion of this dedicated area retaining a small area actually used for parking. A summary vacation may be possible in this case wherein the City Council adopts a resolution to vacate which becomes effective when recorded. In your opinion may the City proceed under Division 9, Part 3, Chapter 4, Sections 8334, et sequens, of the Streets and Highways Code to effect this vacation? If you agree that a summary vacation is appropriate, we anticipate placing the resolution on the Council agenda of February 7, 1984. A response before January 24 would be appreciated. LMS/le attachments: Deed Resolution Streets & Highways Sec. 8334 Sketch r~VJfc:.¡ 1-/ .. RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, VACATING A PORTION OF A PUBLIC PARKING EASEMENT SITU- ATE SOUTH OF ORCHARD CITY DRIVE AND NORTHWEST OF THE SOUTHERN PACIFIC TRANSPORTATION COMPANY RIGHT OF WAY WHEREAS, the City of Campbell acquired that certain public parking ease- ment conveyed by that certain Grant Deed recorded September 25, 1978, and filed in Book D 971 of Official Records at page 442 in the office of the County Recorder of said County of Santa Clara; and, WHEREAS, a portion of said easement, which portion is described by the attached "Exhibit A," is excess and not required for present or future public parking purposes; and, WHEREAS, the Director of Public Works has recommended that said portion be vacated; NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Campbell as follows: SECTION ONE: That it elects to proceed in accordance with the provi- sions of Division 9, Part 3, Chapter 4, Section 8334, et sequens, of the Streets and Highways Code. SECTION TWO: That the City Council does hereby summarily vacate afore- said portion of public parking easement. SECTION THREE: That the City Clerk is directed to record a certified copy of this Resolution in aforesaid office of the County Recorder. SECTION FOUR: That from and after the date the resolution is recorded, aforesaid portion vacated no longer constitutes a public parking easement. PASSED AND ADOPTED this 1984, by the following vote: day of AYES: Counc i 1 men: NOES: Counc i 1 men: ABSENT: Counc i 1 men: APPROVED: Mayo r ATTEST: Anne G. Coyne, City Clerk " / " " /" / /,,' // 1'13/-3:1..-4/ E 14-. DO ,,3. , 0 0 . 0"1 - ~ 0'\ ..... , t'-- "( I ~ ~ -r;,.", ,..¡ i.?-)..5 -'5C> vi -? 12..13 / c... / ~ ' L-.!<.-;. t. 50 4-:::~ I L; .z..3G. ^ a) ff) ð) I 3A-/olE .3.DD N 3/- T / -' / I '3 N .31-?4"-W£ /,5 0 ~'- - - - -:~ C) /'1"1 . 1\ W b ~ I / / ,1? , . I / 'V" 11 ~' / / \. '" "J II ~ // \ '1/ '? 0 0 N ~ 3' , & 8 ð)'rÞ ~ , :l'1;... \ ! ...------~. i / ¡ 1 ¡~' 1\ )- 6) A...... , ^J I " «> ry '" I ~ ~ , N ,.... ~. V) ~ ..3c:> I - I l'.. ~ I ~ ~ .s ~(-34-(O vv' 18.0 3.00 1<.:. I. 'S I <:> /' b.= qO.OQ l..- ::-. 7..?{-' , 'I 10- a 3 ::: \!" , Q r-- 0 <-1 ...i ~ If', IP 1f\ -;z \ß.OO -=- -::-\<' ,?y' \0" 'N, ~- Þ-,I L- V-nl'>, P ~\(:¡'r\"'" O~ ')-/þ-,y' E ~J C P () 1\ (' H fv1 E ~j T 3 - (!' g ~ ¡(\ I) ï ç}J \[) III " /"'Iq I,\', F\--\- l (7. E. A- f't<..E R.. R CJe. I OOC '~9t;; 'PAA-\-<" AI/E. S N...J .JO .s e., c-4 .2'15-51 S- -~ OET AIL S('~þ., L- C " . I ~ 10 pacifIC ~ financIal corporatIon Koli/Lyon Plaza - 1641 N. First SL Suite 105. San Jose, CA 95112 - (408) 993-1411 July 19, 1985 Mr. Jim Penoyer City of Campbell Public Works 70 N. First Street Campbell, CA 95008 RE,.:EJV,r.D JUL 2 It iSBj pw., 'e EI'JG~;JEi.mÏiGS Re: Water Tower Plaza 300 Orchard City Drive Campbell, CA 95008 Dear Mr. Penoyer: Our company has recently placed a first deed of trust on the above referenced property. In reviewing our title insurance policy we found two exceptions that were unclear to us, a copy of both have been enclosed. The first Agreement is between the owners back in 1973 and the City of Campbell to construct Land Development Improvements, and the second Agreement is between the current owners and the City of Campbell for the Installation and Maintenance of Off-Street Automobile Parking Improvements. Our questions to you, if you can possibly help us, are 1) is the Agreement for Land Development Improvements satisfied and if so, what documentation may we acquire to prove so; and 2) is the Agreement for the Installation and Maintenance of Off-Street Automobile Parking Improvements being satisfied on a current basis. Please review the enclosed and contact myself or Jim Taylor with any questions, comments or information that you may have pertaining to the above. Thank you for your cooperation and assistance. Sincerely, /~. ,I d' Kl cA Oh C,/l)L~/l.~ '~-i)tctu tJdAnn Goln Ädmin. Assist. encl. cc: Mario Coryell ~ A PIONEER SAVINGS BANK COMPANY Stan M. Davis, Brolœr DAVIS & ASSOCIATES Commercial- Industrial Real Estate 300 Orchard City Dr., Ste, 126 Campbell, CA 95008 ncCt:\\Ì~D " '- Þ JIJN 1 ~) 1980 PüBUC V~J;\i\j Et\G\N£.£.R\Nù June 11, 1986 Mr. Bill Helms Engineering Manager CITY OF CAMPBELL 75 N. Central Campbell, Ca. 95008 Re: Right-of-Way - Southern Pacific Railroad Dear Bill: At long last, we have received the enclosed executed copy of the lease with the Southern Pacific Railroad covering the right-of-way beautification plans. We are all very happy to have this document in hand and are proceeding with the landscape plans. We will deliver a set to you as soon as they are final- ized. Stan M. Davis Managing General Partner ORCHARD CITY PLAZA ASSOCIATES SMD:dak Enc. /ì \ --:...,ì, ð ~ <) /' c.. . 'I /..,A.--- C...-...-~r Phone: (408) 374-1000 Santa Fe Pacific Realty Corporation 201 Mission Street San Francisco, California 94105 415/974-4500 FllX/415/974-4613 Campbell-Orchard-L June 9,1986 Orchard City Plaza Associates 300 Orchard City Drive, Suite 126 Campbell, California 95008 Gentlemen: Enclosed is a fully executed counterpart of Southern Pacific Transportation Company Lease Audit No. 205288 effective June 3, 1986, covering premises at Campbell, California, for beautification purposes. Thank you for the remittance of $780 which will be applied as the first year's rental due under the agreement. Santa Fe Pacific Realty Corporation through its affiliate, Southern Pacific Land Company, is acting as agent for Southern Pacific Transportation Company. Sin~õ-~~ (Mrs.) S. A. Rodriguez Senior Property Manager Enclosure MKJ A Santa Fe Southern PacIfic Company FORM 1 (With CPI) 4/86 0522Q - ERC/m1b - IV - 5/30/86 - Campbell, Orchard City BFAlJfIFICATION LEASE I"""; 0.. r- (. ' . (..~: 8 fl., "-:) .\.. ( M. P. L-50.70-R-N nus LEASE, made this .3......,Z day of O~'Y'ß----' . 19 S", by and between SOlJfHERN PACIFIC TRANSPORTATION CCMP~- a corporation, herein "Lessor," and ORŒIARD CIIT PLAZA ASSOCIATES, a limited partnership with STAN M. DAVIS as Managing General Partner, mailing address: 300 Orchard City Drive, Suite 126, Campbell, CA 95008, herein "Lessee"; WITNESSE1H : 1. Lessor hereby leases to Lessee the premises of Lessor located at or near Campbell Station, County of Santa Clara, State of California, in the approximate location illustrated on the print of Lessor's Drawing No. C-1793, Sheet No.1, dated March 28, 1986, attached and made a part hereof, (herein "Premises"). Lessor reserves for itself, its successors, assigns, and licensees, the right to construct, maintain, and operate existing tracks and existing and additional pipes, communication and power transmission lines, and drainage ditches or facilities located upon, over, and beneath the Premises. 2. This lease shall be for the term of one (1) year from the above date, provided that either party may terminate this lease at any time without cause upon thirty (30) days' advance written notice to the other party. Any holding over after the original term shall be a tenancy from month to month upon the same terms and conditions hereof. 3. As rental for the Premises, Lessee shall pay to Lessor the sum of SEYm HUNDRED EIGHTY DOLLARS ($780) per annum, payable annually in advance. 4. Any privilege, sales, gross income, or other tax (not including income tax) Ì!!1.nosed 111)On th~ r"'I1.t:~J~ h~Tf'>in. t)r lI1)t)O t.~~c:;£)r '0 pn ;unount measured by the rentals, shall be paid by Lessee. . 5. Absence of markers does not constitute a warranty by Lessor of no subsurface installations. 6. The Premises shall be used for beautification purposes only. No trees shall be planted on the Premises without the prior written approval of Lessor. Any type of p1antings under pole lines located wi thin the Premises shall be trimmed in such a manner as to prevent the fouling thereof, or as may be required by Lessor. Should Lessee fail or refuse to trim any plantings upon the Premises to Lessor's satisfaction, Lessor shall have the right to perform such work at Lessee's expense. Watering and irrigation shall be in such a manner that there will be no fouling of Lessor's adjacent roadbed. -1- 0522Q,P2 - C/mlb - IV - 5/30/86 - Campbel' )rcharrl City 7. The general contour of the Premises shall not be changed. No excavation work shall be performed upon the Premises, nor shall any permanent-type improvements or facilities be installed or constructed thereon. 8. Lessee shall fully pay for all materials joined or affixed to the Premises and shall pay in full all persons who perform labor thereupon. Lessee shall not permit or suffer any mechanics' liens or materialmen's liens of any kind or nature to be enforced against the Premises for any work done or materials furnished thereon at Lessee's request. 9. Lessee shall release, defend and indemnify Lessor from and against all liability, cost, and expense for loss of or damage to property, and for injuries to or death of any person (including, but not limited to, the property and employees of each party hereto) when arising or resulting from: (a) the use of the Premises by Lessee, its agents, employees, invi tees, or licensees; or (b) breach of the provisions of this lease by Lessee, whether or not caused or contributed to by any negligent act or omission, active, passive or otherwise, of Lessor, its employees, agents, contractors, subcontractors, or their employees or agents, or any other person. . The term "Lessor," as used in this section, shall include the successors, assigns, and affiliated companies of Lessor, and any other railroad company operating upon Lessor's tracks. Lessee, upon request, shall provide Lessor with certified copies of insurance in form and amounts satisfactory to Lessor, insuring the liability of Lessee hereunder. 10. Lessee's use of the Premises shall not interfere with the reconstruction, maintenance, repair, or use of any railroad facility, drainage ditch (including the natural flow of water therethrough), or related facilities which may be located upon, over, or beneath the Premises. 11. In the event Lessor enters into åll a~ieé;¡ilt-nt with a utilit¡- company providing service to Lessee at the Premises for Lessee's sole use, Lessee shall pay to Lessor a charge of Two Hundred Fifty Dollars ($250) upon receipt of bill therefor to partially defray administrative costs. 12. Lessee, at its expense, shall comply with all applicable laws, regulations, rules and orders with respect to the use of the Premises, regardless of when they become or became ef fecti ve, including, wi thout limi tation, those relating to health, safety, noise, environmental protection, waste disposal, and water and air quality, and furnish satisfactory evidence of such compliance upon, request of Lessor. Should any discharge, leakage, spillage, emission, or pollution of any type occur upon or from the Premises due to Lessee's use and occupancy thereof, Lessee, at its expense, shall be obligated to clean all the property affected thereby, whether owned or controlled by Lessor or any third person, to the satisfaction of -2- 0522Q,P3 aRC/mlb - IV - 5/30/86 - Campbt , Orchard City Lessor (insofar as the property owned or controlled by Lessor is concerned) and any governmental body having jurisdiction thereover. Lessee shall indemnify, hold harmless and defend Lessor against all liability, cost and expense (including, without limitation, any fines, penalties, judgments, Ii t igation costs and attorneys' fees) incurred by Lessor as a result of Lessee's breach of this section, or as a result of any such discharge, leakage, spillage, emission or pollution, regardless of whether such liability, cost or expense arises during or after the lease term, unless such liability cost or expense is proximately caused solely by the active negligence of Lessor. Lessee shall pay all amounts due hereunder, as additional rent, within ten (10) days after any such amounts become due. 13. Lessee, at its expense, shall furnish the materials for, and erect and maintain at all times, a substantial barricade satisfactory to Lessor along the track side of the Premises. Upon the expiration or termination of this lease, said barricade shall be removed by Lessee at its sole expense under terms provided in Section 14 below. 14. Upon the expiration or termination of this lease, Lessee shall remove from and off the Premises all property owned or controlled by Lessee and restore the Premises to a condition satisfactory to Lessor; and, upon failure so to do, Lessor may perform such work at Lessee's expense. Until said property is removed and Premises restored, either by Lessee or by Lessor at Lessee's expense, this lease, with all terms contained herein, including the payment of rental, shall, at Lessor's option, remain in effect until said property is removed and Premises restored. 15. Should this lease continue in effect after the term herein provided, Lessor, without prior notice to Lessee, shall revise the rental then in effect based on the "CPT Factor," which is defined herein as that percentage of adjustment or fluctuation to the nearest one-'tenth of one percent established during the twelve-month period immediately preceding the date the revised rental is to commence, as stated in the ConslDller Price Index, Urban Wage Earners and Clerical Workers, U. S. City Average, All Items (1967 = 100), published by the United States Department of Labor, Bureau of Labor Statistics, or any Successor or substitute index published as a replacement for that Index by said Department or by any other United States governmental agency. Such rental shall be automatically revised on the date immediately following the expiration date of the term of this lease, or any extensions thereto, and on the same date each year thereafter, unless the rental is subsequently increased for any reason during the twelve-month period immediately preceding the anniversary date of the last CPT-based revision, in which case the next cpr-based revision may be deferred to the next anniversary date where no intervening rental increase occurred within said twelve-month period. If, foz: any reason, the rental is not revised at such time as herein specified, the rental shall continue to be subject to revision by Lessor without prior notice to Lessee and, when so revised, may be retroactive to the date the revised rental should have become effective. Notwi thstanding the above, Lessor may, at any time upon thirty (30) days' advance written notice to Lessee, revise the rental then in effect to the fair rental value of the Premises at the time of such revision. -3- 0522Q,P4 - h.~/mlb - IV - 5/30/86 - Campbell, v[chard'City 16. Nothing in Sections 3 and 15 above shall be construed as extending the term of this lease or as waiving in any way Lessor's right to terminate hereunder. TI-IIS LEASE shall inure to the benefit of and be binding upon the heirs, administrators, executors, successors, and assigns of the parties hereto; however, Lessee shall not assign this lease or sublease the Premises without the prior written consent of Lessor. IN WITNESS WHEREOF, the parties hereto have executed this lease in duplicate the day and year first hereinabove written. its agent By 1'(. r... C1.1' '\,,¡c -, '- . . ~ "f" rl,::¡<;i ¡'~f'" 'ie. .'" WIlNESSED BY: /I<~.' .. t" /~? ¡/In, (f/~~ ~~~~ ~ Stan M. Davis - ManagIng General Partner -4- ¡gr1 ìJ~/ /'" l Íf AM P ~EiJJ ç?: . ~ ~\ ,It) I "- ,..., "'I 1 (, "\J ~! I<¡ ,I, I ~ "-\~ c:\~ po,; , \û v')i~ \ ~ t ~~ '1-.: '"', ~I,~ ,~ ~ ~ ~ ~6 ~ Ir) C-/793 LEG-END -=- --- s, P. í. (D. PI'- BEAUT/FICA nON LEII5£: AREf/ = 200 Sq. Ft. T ,/ /,/ w > (l. 0::: '<) U 0 I"- a: >- 0 -N r- - _lD 01 ~ o....J 0::: {t Ul <I: "ij- q I U -+ 0::) (j) 0:::". q o~ I.!) N -u L- a \ >- i I .D ' I I '1:J I <lJ I . If) I 0 \ r ~ J~ ~ ~ "" '~ tJ) ~. 0.,,- ~ ~ ~ -c, <". If) ai F'-- + <D <t <D "J UJ r~ '-' :..--:: "-' I::. ":>- ~ -4' r---::; - - -- (j) q q c. '>J u, uJ <..' '* c: ~ (J Cl. ... 1- '>- u' ~ '" - ~ '< f<> ---' ..!..-J , ':' ';0 -/.... \J ".., , ,~ ~ d; NJ. ~ rc;;.r rJ) -.... '" ,"; <, ~ ~- _t- A V £1-.2::~ -:. -=-- ~~- -, -:- :~-=--- -- - .:...-. .. -- ~ q 3'; C 7 ,-- - - -. - a (2') .A I,... ~;>, .... '- - - / -~-- -Ñ' .. 57 J T'" LOS G-,q 7"'0 S 131.: ~ Q ~'-' 1 ~ ~ :t- I\J Transportation Com pony ..... -- -- Southern Pacific .~ CA fv'tPßELL \, BfAr) T/ Fi,--A T!ON L £'/15£ ',-~,£ 1"::-/-:;0' ,vi::; TEK N ------' ----,- : P:",', ¡., .~ .: -, d ", ,~, 'l '1 -<- ,L . II;;' .J - J ~:~:-~"'M~r-;, .:..~', /:~~--+-'~~.".:"_~-_lJ.!J----- J- ---- "' . - -- - --- -- -- --- _n ----'- ¡ ~/~. I ;1 ~/¡¡ I f~ t'l~ I' RECE"'ED MAY 3 r; 1Y86 A h,:.,u~ WUKi{S ENGj~EERNG ~: Citv of CamDbell Department of Public Works 70 N. First Street Campbell, Ca 95008 DATE May 30. 1986 IBoND DESCRIPTION ER 1068514 OF Revamp landscape areas & rearrange IMPROVEMENTS parkin2 at 300 & 307 Orchard City Dr., tRACT N/A SUBDIVIDERS Water Tower Associates, A California NUMBER NAME - - . 'C AMWEST SURETY INSURANCE COMPANY is ,Surety on the~ove captioned bond. We will appreciate your cooperation is providing the information requested below. Please return the form to us so that we may have current status information on the captioned improvements. A postag~-paid envelope is provided. Thank you for your assistance. 1. Have the improvements been completed? Yes - VNo - 2. If not, what percentage has been completed? c¡o " 4. Has this work been accepted? _Yes ..::::... Yes .::::..... No _No 3. Is the work progressing satisfactorily? S. If not, what is the anticipated date of acceptance? Commen ts iJ &t-- d +0 v (J AAA Ci r VJ ~ 77 Title information provided by: Ð~ rÞ (~() 0 ~ ;4JcJ r, ["A/f f (~V71 ' r{~m Above Name Date CHRONOLOGY OF EVENTS RELATING TO COLLECTION OF FUNDS FOR OFF-SITE IMPROVEMENTS, 91 SOUTH CENTRAL AVENUE April 13, 1973 An agreement for off-site improvements was executed by R.B. and O.K. Millan and M.B. and W.H. MacLaughlin. In addition, on this date, a surety bond was issued in the amount of $18,000. December 18, 1973 A letter was sent to Mr. R.B. Millan from the City requesting that the sub- ject improvements be constructed at that time. October 12, 1976 Inquiry submitted by Industrial Indemnity regarding the status of the surety bond. October 29, 1976 Engineering Manager, Frank Lewis, directed Industrial Indemnity Company (provider of the bond) to maintain the bond. April 12, 1977 Completion of off-street improvements by the City of Campbell through a contract which also provided other public improvements in that area. May 18, 1977 Bills submitted to Central 93 Associates, c/o Johnston, Miller and Giannini, for $10,9l7.3~ for the construction of street improvements on South First Street, per Project 1976-3. October 26, 1977 Copy of bill forwarded to Public works Director. March 23, 1978 Inquiry made by Finance Director of Public Works Director regarding status of the payment of this bill. November 8, 1978 Memorandum from Finance Director to Public Works Director requesting status of the bill. February 9, 1979 Memorandum from Finance Director to Public Works Director regarding status of the bill. I Chronology of Events - Collection of Funds for Off-Site Improvements Page 2 July 12, 1979 A memorandum from the Finance Director to the Public Works Director regarding the status of the bill. July 17, 1979 Letter from Engineering Manager Helms to R.B. Millan, providing a chronology of events relating to this subject, and súating that the City would resolve this matter by making a formal demand to the bonding company after 7/30/79. December 10, 1980 The bill was referred to the City Attorney for action. March 11, 1981 Memorandum from the Finance Director to the City ~~nager indicating that per a previous discussion, he was forwarding all of his information on this subject. March 25, 1981 Letter from the City Attorney to R.J. Alexander, representing the Industrial Indemnity Company, making a demand against the $18,000 bond in the amount of $10,917.30. April 6, 1981 Letter from R.J. Alexander, Attorney representing Industrial Indemnity, to the City Attorney, requesting further documentation regarding the City's claim. April 14, 1981 Letter from the Public Works Director to the City Attorney confirming that the necessary documentation had been submitted to the City Attorney. April 16, 1981 Letter from the City Attorney to R.J. Alexander, submitting the requested documentation. October 13, 1981 Letter from the City Attorney to F.W. Flowers, Attorney representing Industrial Indemnity, again making a claim against the bond and requesting a response within 15 days. KCD:bso -.,.- ----- , -. .. , .. CITY OF CAMPBEll ~ 75 NORTH CENTRAL AVENUE .. CAMPBELL. CALIFORNIA 95008 (408) 378-8141 Department: Public Works July 17, 1979 MR. RICHARD B. MIllEN 321 Escobar Avenue Los Gatos, California 95030 Re: THE FACTORY SHOPPING CENTER FIRST STREET IMPROVEMENTS Dear Richard: Enclosed for your attention is a copy of the City's invoice dated May 18,1977 for street improvements on the Factory's frontage on First Street. In review of the project, our records show that: 1. On April 17,1973, an agreement guaranteed by Surety Bond YS 689-5377 was entered into between Richard and Denyce Millen, William and Martha Maclaughlin, and the City of Campbell, pursuant to a P.D. approval granted by the City Council, that provided for the street improvements to be constructed on First Street. The terms of the agreement state that after an initial twelve-month period, the City may complete the work and recover all costs from the developer if the developer does not commence construction within ten days of receiving notice from the City to proceed with the work. 2. On December 18,1973, a letter was sent to Mr. Richard Millen from the City of Campbell requiring the subject street improvements to be constructed at that time. The improvements were not provided as required and the City, therefore, contracted with a private contractor during the construction of Orchard City Drive to do the required improvements. 3. On May 18,1977, a letter was sent to Mr. Richard Millen trans- mitting a statement in the amount of $10,917.30 along with a breakdown of costs for the public improvements on First Street. No monies have been received to date in response to that statement. '/"- ;.,. 4. On February 21,1979, after the City staff had indicated to Alexander and Alexander, the agents for the Surety that issued the bond, that a demand would be made against the bonding company ¡ ""'"".."""'.""":"'.":'-""""'~',""~"'7~^'~C."",'V~.""""'~".- ~" '.~",.... ..',. .. """'------"-"""-'~"',"'.":'..:"",>"""..,:...,:"-',.',',"C','--" ,- .. ( CITY OF CAMPBEll MR. RICHARD B. MILLEN July 17, 1979 Page Two for payment, a letter was sent to the City from Mr. William Maclaughlin. That letter stated that the City had committed to inclusion of the improvements on First with the Local Improvement District No. 27 that developed off-street parking for The Factory and The Wrinkled Prune. Mr. Maclaughlin had, indeed, requested that those improvements be included within the assessment district, but the City's consistent response was that it would not be possible. A review of the assessment district petition, as executed by Mr. MacLaughlin, clearly indicates that the improvements on First Street would not be a part of the project. ( Because of the lack of reasonable response to the City's request for reimburse- ment of funds expended, the only course of action available to resolve the issue appears to be a formal demand to the bonding company to uphold their guaranty and provide payment to the City. In accordance with our recent telephone conversation, however, I will withhold that demand until Monday, July 30,1979. I am hopeful that you will be able to propose a satisfactory way to resolve this conflict in the intervening time. Please contact me if you should have any questions regarding this matter. Very Truly Yours, JOSEPH ELLIOTT Director of Public Works By BILL M. HELMS Engineering Manager BMH:mkc Enclosure cc: ROBERT C. STEPHENS, City Manager J. ROBERT DEMPSTER, City Attorney (, . ., ElLIOTT HELMS DIAl CASE Public Works May 18,1977 Mr. Richard B. Millen Central 93 Associates Johnston Miller & Giannine 711 First Rational Bank Building San Jose, CA 95111 SUBJEC'l' : Project 76-3, SOuth First Street Improvements Construction ChArge. Dear Mr. Millen: Enclosed please find our statement in the amount of $10,917.30, which represents the cost of the construction of the street improvements on South First Street in front of the property identified as Assessors Parcel Ro. 413-07-053. 'l'he statement does not include the cost for plan preparation, contract administration, or other costs which are being absorbed by the City of Campbell. We refer you to the agreement entered into by and between the City and Richard B. Millen, et al, dated April 17, 1973, wherein the owner agreed to the construction of the improvements. The City will release the improvement bond which was posted to guarantee the construction as soon as we are in receipt of the statement amount. A ppice breakdown is furnished for your information. Please contact the undersigned at your convenience, if you should have any questions. ..1 / 8ry tru1 Y yours, 1""'" DAVID N. VALIŒNAAR PROJECT ENGINEER CSG:sk éc: S.CIDb(49) Millen .5" 73-5 By Cruz s. Gomez Assistant Civil Engineer .',' ',' ..' c (,) 7 ~- I Co (1 +roc f RESOLUTION NO. 5185 BEING A RESOLUTION ACCEPTING IMPROVEMENTS OF LOOP STREET IMPROVEMENTS, PHASE I, PROJECT NO. 75-1. WHEREAS, the City Council has been advised by the City Engineer that all improvements in Project No. 75-1 have been completed in accordance with that agreement entered into April 26, 1976; and WHEREAS, the City Engineer recommends acceptance of the improvements, NOW, THEREFORE, BE IT RESOLVED by the City Council that all the improvements be and the same are hereby accepted and that the City Engineer is hereby ordered to record a Notice of Completion of said improvements. PASSED AND ADOPTED this 9th day of 1922-, by the following vote:---- May AYES: Councilmen: Chamberlin, Hammer, Paul, Podgorsek None NOES: Councilmen: ABSENT: Councilmen: Doetsch APPROVED: William R. Podgorsek Mayor ATTEST: Dorothy Trevethan City Clerk , " '1-' ~ .~ '~ ':~q) i ~ December 18, 1973 ,... " . Mr. Richard B. Millen' 'lJJt 1722 \Junc'C.1uu A-J'8Rue 9). \..//..""~ r¡",.. s~ Jose, Ca1ifernia ~J~J SUBJECT: Factory Shopping Center,/ First Street Street Improvements Dear Mr. Millen: In April, 1973, an Agreement between the representatives of ~e Factory and ~e City of Campbell was recorded. In ~at Agreement the Factory representatives agreed to construct street improvements on First Street. The Ç,!~:l..o!_J;.~1?Þ~J.~..J~_.J;:!g~J;:.;,!\.,c~L ..:t:1'1o~e.. !mm:"QY~.m~n1:.s be constructed at this. t~~. We also want new sidewalk to be êõnstructed on Central Avenue. If I can be of any assistance to you or your engineer, please feel free to contact me at your convenience. Very truly yours, BILL M. HELMS, ASSOCIATE CIVIL ENGINEER By Ronald L. Cheek, Assistant Civil Engineer RLC: Is TO INITIAL & DATE WGW BMH FTl ¡/ V ~ _i~{à- - .~ I . . . . .. I I '-t - - 0 -.....~~ - . . ..<to FILE . ' { " , ,. ;- C379 rÄÛ463 FJ:~; OLl1'rI ON NO.3 512' .-------- ,-- f"EING A RESOLUTION OF THE CITY COUNCIL OF 'l'm: C lTY OF Cl\Jl.1P;5ELL, COUN'ry OF ~;^N1'A CLARA, S'J'I\'l'E OF CI\LI FORN lA, ACCEP'fING 'flit: l\GREE- fv1F:--J1' OF RICBT\1W B. MILLEN, E'l' AL, FOR DLVELopr'lEN'l' OF REAL PHLJPERTY LOCATED AT bl SOUTll F1I6T STREET mm 91 SOUTH CENTRAL AVì:NUE AND AUTHOlnZI~G EXEClYfION OF AGREE- f\lEN'r . ~1ERLAS, said Richard B. Millen, et aI, have submitted an agreement to this City council for the development of their real property described upon those certain Grant Deeds recorded January 30, 1973, and filed in Book 0214 of Official Records at Pages 111 through 117 in the office of the county Recorder of said County in accordance with pres- cribed conditions: and, WHEREAS, in accordance with said prescribed conditions and as specified and recited in the agreement and concu~rently herewith said Richard B. Millen, et al, have submitted Grant Deedsof certain portions of their real property for public street purposes and related public uses (including public utility easements, public service easements, public pedestrian easements, storm sewer easements) ~ and, ~OW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by this city council that said agreement is hereby accepted and that the Mayor be and he is hereby autho~ized and directed to execute said agreement on behalf of the city of Campbell~ and, BE IT FURTHER RESOLVED by t_his city counci I that the sa id Grant Dee~submitted in accordance with said prescribed conditions be and they are hereby accepted for the purposes for which they are offered. PASSED AND ADOPTED this~thday of by the following vote: Hay , 19~, AYES: Councilm-3n: NOES: councilmen: ABSENT: Councilmen Dot;.t~.cl1, lIanun3r, Paul, podgorsek, Chamberlin None None APPROVED: APPROVED AS TO FORM: J( 1//(// " 1\. /;'>", ¡I~¡ ,( I;o"",.~:'/'("-" Dean R. tfiãffiDer11n Mayo~ J. Robert Dempster, City Attorney ATTEs'r: / ,/ '.":\ ) , ,0' ' .."...í : -' .I - \'o.:,-".{f.., "-,,,/"::'- -oo'rothY..1'rcve-thXñ \ / city Cler1r. (0 BE ~'.>,OiWED WilliCw- "'I:t CiTY CA: C,t\MPBELI SECiION. JJGOVERNMEI CD'" 7'"- N-.' ". """'N'T'!":'~.'. .. :' 0;; .:J ~~\I'.',. 1....- ,'L .. AJ THE RE()¡fST Of CITY OF CAMPBELL CAMPi;Eï. L 'L., I'.. .." , tIn" 037~ PAc£457 4519176 ~.~ ~ f~>~. a>~ -I".., (~~ .;;; ." ~ ~¡Y1' ., rn "1'; NO F a:tI ~>? 1f. - r¿ ~, A G R ~ r: E N T ~¡~~ ~ ~¡ 0379 r.cE457 ~,,~~ ~ ,~. " 'I'HIS AGREEMENT, made and entered into this / 7 L~ 'd:ay ;;f ~ },¡pi', , 19~, by and between RICHARD B. MILLEN, DENYCE K. MI EN, WILLIAM H. MACLAUGHLIN and MARTHA B. MACLAUGHLIN, herein- after referred to as "Owners", and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City". I WITNESSETH: WHEREAS, Owners did heretofore apply to City for a planned development district in order to convert certain structures upon that certain real property described upon those certain Corporation Grant Deeds recorded January 30, 1973, and filed in Book 0214 of Official Records at pages III through 115, and in Book 0214 of Official Records at pages 116 and 117 in the office of the County Recorder of the County of Santa Clara, State of California, which real property is hereinafter referred to as "said real property"; and, WHEREAS, at its regular meeting held November 27, 1972, the City Council of City did grant its approval, subject to certai~ conditions, Ordinance No. 869 of said City Council; and, NOW, THEREFORE, IT IS MUTUALLY AGREED TO by and between the parties hereto that Owners shall provide and install and/or construct at their own cost and expense upon First Street southerly from proposed street shown upon the map recorded March 29, 1972, and filed in Book 7 at page 68 of Plan Line Maps throughout the frontage of said real property public street improvements, including but not limited to the following: FIRST: Construct City of Campbell standard commercial side- walks, commercial driveway approaches, curb and gutter, all consisting of Portland Cement concrete. SECOND: Provide and install regulatory s1gns and sign posts as required by the City Engineer of City. THIRD: Grade said real property to drain into the streets, unless determined impractical by said City Engineer. FOURTH: Provide and install a water distribution system to serve said real property, including fire hydrants and appurtenances. FIFTH: Provide and install a sanitary sewerage system to serve said real property. SIXTH: Provide and plant street trees of a variety and size as required by s aid City Engineer. 1 of 5 0379 r.458 SEVENTH: Provide and construct a storm water drainage system to serve said real property. EIGHTH: Provide and install a street lighting system consist- ing of, but not limited to, steel poles, concrete pole bases, upsweep bracket arms, luminaires with individual integral photo- electric cells, underground electrical conduits, with conductors and junction boxes. NINTH: Install an underground electrical energy and tele- phone system to serve said real property. (1) All of said improvements shall be constructed anèVor installed within twelve (12) months from the date that Owners are notified by said City Engineer to do so; provided, however, that in the computation of said twelve-month period, delays due to or caused by acts of God, viz., unusually inclement weather, major strikes or other delays beyond the control of Owners shall be excluded. It is expressly understood and agreed to that if Owners shall fail to complete the work required by this agreement within the said period of twelve (12) months, the City after giving ten (10) days written notice thereof to Owners, may complete the work and recover the full cost and expense thereof from Owners. (2) It is further agreed to that Owners shall submit improve- ment plans prepared by a civil engineer licensed by the State of California for the construction and/or installation of said public improvements, which plans shall be submitted to City Engineer of City for his examination, review and approval when Owners are called upon to do so by said City Engineer. (3) It is further agreed to that all of said improvements shall be constructed in accordance with those plans approved by the City Engineer of City, and shall be made under the inspection and to the satisfaction of City Engineer. It is further agreed to that said construction shall be in accordance with the existing ordinances and resolutions of the City of Campbell, and to all plans, specifications, standards, sizes, lines and grades approved by City Engineer, and all State and County statutes applicable thereto. (4) It is further agreed to that the construction work of the improvements embraced by this agreement shall be done in accordance with the standard specifications of the Department of Public Works, Division of Highways, State of California, dated January, 1960, and in accordance with the specifications of the City of Campbell and Sanitation District No.4 of Santa Clara County, where indicated. WHEREVER the word "State" or words "Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the City of Campbell. Also, wherever the "Director" or "Director of Public Works" is mertioned, it shall be considered as referring to the City Engineer. 2 of 5 0379 r'\c£ 459 In case of conflict between the State Specifications and the Specifications of the City of Campbell and Sanitation District No.4 of Santa Clara County, the Specifications of the City of Campbell and Sanitation District No.4 of Santa Clara County shall take precedence over and be used in lieu of such conflicting portions. (5) It is further agreed to that Owners shall deposit with City, upon execution of this agreement, for office examination of improvement plans, field inspection of construction of improve- ments and all necessary expenses incurred by City in connection with said real property the sum of SIX HUNDRED THIRTY DOLLARS ($630.00) . (6) It is further agreed to that Owners shall file with City, upon execution of this agreement, a bond in the amount of EIGHTEEN THOUSAND DOLLARS ($18,000.00) to insure full and faithful perfor- mance of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distribution system. Said bond shall guarantee that Owners shall correct any defects in the aforementioned improvements which shall appear 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 paying the cost of all labor and materials involved. This bond shall remain in full force and effect until one (1) year after date of final acceptance of said improvements. (7) It is further agreed to that the storm drainage area fee in connection with said real property and in conformance with the requirements established by Section 20.16.060 of the Campbell Municipal Code is in the amount of THREE THOUSAND EIGHT HUNDRED SIXTY-THREE DOLLARS ($3,863.00). (8) It is further agreed to that City reserves the right to revise storm drain design shown on approved improvement plans provided Owners are given reasonable written notice of City's intention to make revisions. Reimbursement amount will be adjusted by difference between revised storm design and presently approved storm design, in accordance with City of Campbell Storm Fee Schedule. (9) It is further agreed to that Owners shall file with City, upon execution of this agreement, a letter from said Sanitation District No.4 of Santa Clara County stating that Owners have entered into an agreement with the said District No.4 to install sanitary sewers to serve said real property, and stating that a bond to insure full and faithful performance of the construction of the sanitary sewers and to insure the general guarantee as stated below in paragraph (13) has been filed. (10) It is further agreed to that Owners shall, upon written notice thereof, immedia'tely repair or replace without cost or obligation to the City of Campbell and to the entlre satisfaction of said City, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said work within a period of one (1) year after date of final completion and acceptance. 3 of 5 0319 PAtr 460 (11) It is further agreed to that Owners shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground wiring circuit to all e1ectroliers within said real property, when Owners are notified by either the city Engineer of Campbell or the Pacific Gas and Electric Company that the said fees are due and payable. (12) It is further agreed to that Owners shall make such deposits or file such bonds and enter into such agreement as required by Campbell Water Company when called upon to do so to insure the installation of a water distribution system including fire hydrants and appurtenances to serve said real property. (13) It is further agreed to that any easement and right-of- way within or without said real property necessary for the completion of the project shall be acquIT ed by Owners at their own cost and expense. It is provided, however, that in the event eminent domain proceedings are required for the purpose of secur- ing said easement and right-of-way, Owners 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 City. (14) It is further agreed to that Owners shall pay to City upon execution of the agreement, the sum of ONE HUNDRED NINETY-FIVE DOLLARS ($195.00) for fire hydrant rental fee. (15) It is further agreed to that Owners shall carry out any and all negotiations with all interested parties and shall perform or cause to be performed at their own cost and expense and to the satisfaction of the City Engineer any and all work required to abandon, remove, raise, lower, relocate and otherwise modify irrigation line or lines within the boundary of said real property. (16) Reference is hereby made to that certain Option Agreement executed by Owners and City on January 4, 1973, and filed in Book 186 of Official Records at pages 327 through 335 in said office of said County Recorder- (17) It is further agreed to that Owners shall indemnify and save harmless the City of Campbell, the City Council the City Engineer and all other officers or employees of City from any suits, claims or actions brought by any person for or on account of any injuries or damages to persons or property sustained or arising in the construction of the on-site work due to any acts, omissions or negligence of Owners, their officers, agents, employees or contractors. (18) It is further agreed to that the above-named terms and conditions shall bind the heirs, successors, administrators or assigns of Owners. 4 of 5 . 03'79 PÃcr461 (19) This instrument is and shall be considered to be an instrument affecting the right, title, interest in or possession of the real property herein described. IN WITNESS WHEREOF, said City has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council, and said Owners have hereunto caused their names to be affixed the day and year first above written. (') ') Æ.: ,',,;. ok- (/\ . "~"', ','; '" ' . ,,""',¡- . 't" .. it , '.' . ,i' ..... '" < ; " 1-:;;(. ~:~>f!~ .£7~ . ' :::. ~ - .~ <C'MiilYO:r¿;',,:, ' . ' ,'.'-, v. " ',/. \ . , ,-.,:' ""'. ,', .::. '" , '-.,...' f' , CITY OF CAMPBELL APPROVED AS TO FORM: OWNERS " J. Robert Dempster, City Attorney ¿;fæ¿c//5' )¿;~¿¿~~ Richard B. Millen , . Jc:" 1/ } ')'7; //'. ..J ,'Î, i, -0' . ,.<:.-- , \, , . ,>'- ",,-t:..<.o'" Denycé K. Millen ,})<,i,CH' (////~'7'£. William H. MacLau in' .I )1:.'l-:U~?" ./) j,,) :;¡'5<'Q;~~Lr:2,--- 'Martha B. MacLaughlin(-:-/ (Notary Certificate) @ ~~n:~:'i~uan (379 p~G£462 STATE OF CALIFORNIA ~ :0;:0;, , , j S~~~ar_é!..- --' -,.." I " Public iu and {or saHI COl1NT OF- [ 'Ih,' '\1Idt'r,i~I\t'(L a NlIt"'KMi11en ,and, '1. 17 1973_,-- . \If'lIft' 111<; 11 n ,Deny,ç..~-._._-:------- \ On - A~~,ppeare;~Þß1-~cj",,-., B,a;;-l1tar~h~-....B,.-.!._.M..é!Cl.È-,u,_.gh1.~Jl, ""'=='.-. State, perso,;a y a H MacLaugh...J".Il---- ,.- ., --- ..-.-- . Wi11~am_~---- ._" . . .-.----- . -" known to me 'i\\ ---- ,.,-", -' .---- ----...-.... , - -'''--''IN')~')(';,(~)~)G;'<ò \01 ------- ,--,-' "'-')(,',(') (';-,'J , A' "<\c,, ,,' u' Ii) X ---------- , 5 are... su[¡scrib"'\ "ro~JG'-')'" > """"1"1 SF.:\L I..ò ~D. 5 whose namt_-,,--.. .- they ~! ,<~ ,)"- ~:¡IC I'¡I,'A'-- :-,¡',,;'\L,'.íiDS, JR. ~~ lolwtheperson__---- d 'l'knowlèdgO'd that - ì t" " '. \ ,I' '1- ~ 10 the within instrument an )l >, \ I' ,:,"!,~ !',\l Ir,WNIJI. III exeeutetl the "ame, '1 'cal I:', I I)U ¡U" ~ \' WIT¡ssmYh.,a.ndandOffiClaL1'; ,', " , ' . . ,>' ,;¡~. (',-..' ,"l\l"i""~¡,',,j,c!\8.1975 \ ~ \--"'-...1..'J.' ",' r,.&YYl- 3~-Ì-')':)::'.'Lcf}~' ¿. (,},.- t, td "1,\""",, I , .' }-~l>N",~G}-.:)(,~~' \,i )L~ -- , Q . 'Y' ,",';¡.,N,,¡'Jl>NI.> Signa lire / ",~l»;¡IJj ;'0 ~ ,,'<" ---------' ftlclal notarial ..al) Name (Typed -;;;1:;;¡;'~J\-- (This area for 0 -- ; , , .. t. ("( \..,' . Bond No. YS 689-5337 Premium $180.00 XNOW ALL MEN BY THESE PRESENTS: RICHARD B. MILLEN, DENYCE K. MILLEN, 'l'ha~ þ:) (WE) ~RTHA B. MACLAUqHLIN AND WILLIAM Ii. MACLAUGHLIN as principal, and INDUSTRIAL INDEMNITY COMPANY a corporation, orqanized under the laws of the State of California as Surety, are held and firmly bound unto the City of Campbell, State of California, (hereinafter called "CITY"), in the sum of . -,".- - EIGHTEEN TflOUSAND A@ NO/10_0P))L-_.. -----------------------___~,"6ôç. Q~ -f lawful money of the UNITED STATES OF AMERICA, for the payment of Vlich well and truly made, we hereby bind ourselves, our 8uccessors and assigns, jointly and severally, fi~ly ~ these presents. '!'he condition of the foregoing oblic¡ation 18 such tbat, WHEREAS, the above-named Prinëj.pal proposeo to convert certain structures located at 9+ Soutþ Centra+ Avenue and 61 South F irst Stre~t 'on property described in deed'1šT#444l130 and 4441131 as said deed(s) ~ (are) filed for record in the office of the Recorder, County of Banta Clara, State of California in Book 0214 of Official Records at paqes 111 throuqh 117 " ~S, in order for Principal to acau+re buildinq permits f~9m said City of Campbell , Principal is obligated to construct and/or install or have constructed and/or 1nsta~,~J'._ç..,rta street improvements throughout the Central Avenue and First Street frontage of said site, in accordance with the standardS 0 sa ty, said street improvements including: concrete sidftJalks and driveway approaches ( 7,334 sq. ft.), asphalt street pavinq ~,448 ~..ft.J. concrete curb and gutter ( 772 1in. ft.), stanðard electroliers ( 5 ea. ) 1 the 'total cost of said street Jmprovemeots bavinq been estimated by said City to be approximately :"B..I~UTR.EN:. TH(')US1\W. 'AN:[> NQ/IOO.THS , PO'... ..'. oo "'oo ," oo oo .. '-----------------------------------------~O - -~ -' .., .. -,. ,- .I oJ " WHEREAS, the parties h,:;reto have agreed that said improvements shall be installed at such time as ~he Ci~y Council of said cm calls for them. provided, however. that they shall be constructed accordinq 'to the plans and the aqreement therefor. ' NOW, THEREFORE, 1f said Principal shall well and U'uly do and perform its obligations as set forth above, on its part to be done and performed at the tùne and in the manner specified therein, then this obligation shall be null and void: otherwise this bond shall remain 111 full force and effect. 1 of 2 ".."'..""'._'.-,", ,.--.,..""c-"'.'."....".?".".,.n'-,,,",-""-.'.-.",,"',,-,~','"~p",.".~:",~"",.,....",-,,,"'..'..~"'--"~'" ".~.. ,^--'" ",.[,-",~..~."..",.",.,.-,~,>"<""~,.,"...."......_...,,..,,.': " I :, .' <- ,. f -- SUB.j.cC'1' 'l'0 'l'IB FOLLOWING COl~j)I'1'IGlJS: 1. ~1at participation in any Local L~provement Dist~ict \mich Jnay be formed for the express purpose of construc- ting pu~lj,c improvements in t:he areù. concerned; i!1cludil1g storm and sani~ary sewers, street and sidewalk improvements, utility installations, and/or any inGtallation which may be prescribed by such proceedings \'lithin the pllblic right. of way shall satisfy the obli<;;ations of this bond. 2. That the term of this bond is for a period of one (1) year, conunencing on March 30 , 19.1.L, but shall be continued year to yeë\r therea.ftE'r at the option of the Surety 0 3. That the Surety hereunder may relieve itself from l:t9.bility under this bond by giving \'n:itten notice of such dcsir-e by registered IDr:iil to the city thirty (30) days prior to the date of expiration of the bond. 4. Thùt in the event said Principal is not granted the necessary building permits \.,itllin a per iod of one (1) ~{ear f:t'om the date hereof, this bond shall be null and void on its face. WI'I'NESS OUR HANDS this 13th day of A,pril 19~. STATE OF CALIFORNIA County of Santa Clara On. .4pr~.1. X~". .1.~7~.... before me, .... 9!-:r9J.~I>O.}..... Notary Public, State of California, duly commissioned and sworn, ÆrsonallY appeared. . . . .c19PA J>., . J..:u.çe. . . . .known to me to be the ttorney-~ of the Corporate Surety that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation herein named and acknowl- edged to me that such Corporation executed the same. ~;W;;:::' Æ~, ~ ~~,/,~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed MARTHA B. MA'CLAUGHLIN" :. o:~~:~l f~.~:;::, r,,~~:R. w.. ~lAtUhe day and year in ~. /1./-11 ¿¡ ~ ~t f2. ..................((4:;?:!.~(; :--f:~\~F1-~'. /~....... WILL~. MACLAUGHLIN ~lIlImlnll"lIImUIII"""IHlUml 11181111111111\11 11.111 ~.. L GANA L 8: ~TY ~ .. ' ; tAIY PU8LIC = JSTRIA ~I CO § :.,,; . Sante Clara County. Califomle I ~ . , .-" My comm¡nion ellplr.. Mar. 8. 1976 - - -~---- ,.?~I~~I~II~I~~mmIUIIIIIIIUHnIUllWllUtlßlßlnßlIIHIIlllllllnlllîi - ~, 0 ce) ft. ttorney 2 of 2 SS. ~CIPAL ,AJ1/YUr1, \ ~~-&/' 6 /t~-U . RICHARD B. MILLEN I( J7l1~ DENYCE K. MILLEN ~ f - ~. December 18, 1973 , . " ", , .. ,,'. ,,' "' .þ; ':,'. Mr. Richard B. Millen' --:1/1 ,¡j)..?- 1722 ~unc~iuu AV9Rue SJV' t,/'IJ (1/1-- S8D Jose, Calife%'ftia (ß'j-' SUBJECT: Factory Shopping center,/ First Street Street Improvements Dear Mr. ,Millen: In April, 1973, an Agreement between the representatives of the Factory and the City of Campbell was recorded. In that Agreement the Factory representatives agreed to construct street improvements on First Street. The City of Campbell is requirilI9 those impi(;ovements be constructed at this time. We also want new sidewalk to be constructed on Central Avenue. If I can be of any assistance to you or your engineer, please feel free to contact me at your convenience. Very truly yours,' BILL M. HELMS, ASSOCIATE CIVIL ENGINEER By Ronald L. Cheek, Assistant Civil Engineer RLCrls ¡INITIAL & DATE ~ k;:!S- ,()r-- I ' ," .. TO " WGW BMH fTL ~ '" I I .~-- t - - '-_..", " FilE - -: "'1 - I '/ ¡ ! I ¡ I- I " ~ : , , ". '..' ""...,. ,'. .., CITY OF CAMPBELL 75 NORTH CENTRAL AVENUE CAMPBELL, CALIFORNIA 95008 (408) 378-8141 Department: Public Works October 30,1981 F. W. Flower Attorney-at-Law 300 Montgomery Street San Francisco, CA 94104 RE: Industrial Bond No. YS-689-5337 City of Campbell Principa~ - Richard Millen, eta1 Gentlemen: In accordance with direction from J. Robert Dempster, City Attorney for the City of Campbell, enclosed find an itemized break-down of street improvement costs for work done on South First Street abutting the Factory Shopping Center. Please contact me if you should have any questions at 378-8141, extension 220. Very truly yours, JOSEPH ELLIOTT DIRECTOR OF PUBLIC WORKS -4 iV~,11L - Bïl1 M., Helms Engineering Manager BMH: 1bp Enclosure cc: J. Robert Dempster ~ 48. CITY OF CAMPBEll OctobeT 30, 1981 STREET IMPROVEMENT COSTS FOR SOUTH FIRST STREET ITEM QUANTITY CLEARING & GRUBBING LS CURB & GUTTER 340 LF P.C.C. SIDEWALK 2380 SF ELECTROLIER 3 EA ASPHALT CONCRETE 224 T CONDUIT 340 LF EXCAVATION 180 CY TOTAL - 1 UNIT COST TOTAL $1085 $ 3.75 .82 535.00 13.00 2.70 6.50 1275 1952 1605 2912 918 1170 $10,917 ">,.,,">,.>--,.,,,..,>,--,>,-----> -»--""",","">'-'"'-'"'»r'> "">'>"-'"'.-"".-rô-",,"',->-- ( ,- ------ CITY OF CAMPBEll ( ~ ~ M P ~ ~ ~ ~,H C ¡ i ~ ; ; : ~ I A A V : SNO ~ ~ (408) 378-8141 Department: Pub 1 i c Works July 17, 1979 MR. RICHARD B. MILLEN 321 Escobar Avenue Los Gatos, California 95030 Re: THE FACTORY SHOPPING CENTER FIRST STREET IMPROVEMENTS Dear Ri cha rd: Enclosed for your attention is a copy of the City's invoice dated May 18,1977 for street improvements on the Factory's frontage on First Street. In review of the project, our records show that: 1. On April 17,1973, an agreement guaranteed by Surety Bond YS 689-5377 was entered into between Richard and Denyce Millen, William and Martha MacLaughlin, and the City of Campbell, pursuant to a P.D. approval granted by the City Council, that provided for the street improvements to be constructed on First Street. The terms of the agreement state that after an initial twelve-month period, the City may complete the work and recover all costs from the developer if the developer does not commence construction within ten days of receiving notice from the City to proceed with the work. 2. On December 18,1973, a letter was sent to Mr. Richard Millen from the City of Campbell requiring the subject street improvements to be constructed at that time. The improvements were not provided as required and the City, therefore, contracted with a private contractor during the construction of Orchard City Drive to do the required improvements. 3. On May 18,1977, a letter was sent to Mr. Richard Millen trans- mitting a statement in the amount of $10,917.30 along with a breakdown of costs for the public improvements on First Street. No monies have been received to date in response to that statement. 4. On February 21,1979, after the City staff had indicated to Alexander and Alexander, the agents for the Surety that issued the bond, that a demand would be made against the bonding company ,,' ,:.\ ( ( c~ CITY OF CAMPBELL MR. RICHARD B. MILLEN July 17,1979 Page Two for payment, a letter was sent to the City from Mr. William Maclaughlin. That letter stated that the City had committed to inclusion of the improvements on First with the local Improvement District No. 27 that developed off-street parking for The Factory and The Wrinkl~d Prune. Mr. Maclaughlin had, indeed, requested that those improvements be included within the assessment district, but the City's consistent response was that it would not be possible. A review of the assessment district petition, as executed by Mr. MacLaughlin, clearly indicates that the improvements on First Street would not be a part of the project. Because of the lack of reasonable response to the City's request for reimburse- ment of funds expended, the only course of action available to resolve the issue appears to be a formal demand to the bonding company to uphold their guaranty and provide payment to the City. In accordance with our recent telephone conversation, however, I will withhold that demand until Monday, July 30, 1979. I am hopeful that you will be able to propose a satisfactory way to resolve this conflict in the intervening time. Please contact me if you should have any questions regarding this matter. Very Truly Yours, JOSEPH ELLIOTT Director of Public Works By BILL M. HELMS Engineering Manager BMH:mkc Enclosure cc: ROBERT C. STEPHENS, City Manager J. ROBERT DEMPSTER, City Attorney r .. ELLIOTT ( A!,-;DLI:--iG ¡ .~ ! :~:~'~~D ~~ - I, -------- --- -I: !.:E '76 -J.. I ~ --rp~'6-- ,[,-- H HELMS' D:AZ CASE Public Works May 18,1977 Mr. Richard B. Millen Central 93 Associates Johnston Miller & Giannine 711 First National Bank Building San Jose, CA 95111 SUBJECT : Project 76-3, South First Street Improvements Construction Charges Dear Mr. Millen: Enclosed please find our statement in the amount of $10,917.30, which represents the cost of the construction of the street improvements on South First Street in front of the property identified as Assessors Parcel No. 413-07-053. The statement does not include the cost for plan preparation, contract administration, or other costs which are being absorbed by the City of Campbell. We refer you to the agreement entered into by and between the City and Richard B. Millen, et aI, dated April 17, 1973, wherein the owner agreed Co the construction of the improvements. The City will release the improvement bond which was posted to guarantee the construction as soon as we are in receipt of the statement amount. A price breakdown is furnished for your information. Please contact the undersigned at your convenience, if you should have any questions. \ery truly yours, ,I DAVID N. VALIŒNAAR PROJECT ENGINEER CSG:sk cc: S.cmb(49) Millen tIS" 73-5 By Cruz S. C',omez Assistant Civil Engineer , ~ ~)l .... December 18, 1973 Mr. Richard B. Millen ~unc't;.ivu A-;enue SaR Jo.se,-~alifor:rÜa r,' SUBJECT: Factory Shopping Center/ First Street Street Improvements Dear Mr. Millen: In April, 1973, an Agreement between the representatives of the Factory and the City of Campbell was recorded. In that Agreement the Factory representatives agreed to construct street improvements on First Street. The City of Campbell is requir ing those impicovements be constructed at this time. We also want new sidewalk to be constructed on Central Avenue. If I can be of any assistance to you or your engineer, please feel free to contact me at your convenience. Very truly yours, BILL M. HELMS, ASSOCIATE CIVIL ENGINEER By Ronald L. Cheek, Assistant Civil Engineer RLC:ls TO ¡¡JrfIAl & DA Tf WGW BMH FTL ~ - ß-(d-:- I ----- ! ---~ , I '____h- i -" FILE ! ---.---,------ '-~>""h'--"_'- n' C379 PACE463 H1:~~OLUT TON NO. 3512 -----.-- ,- ,--- f\EING A RESOLu'l'ION OF 'rnE CI'l'Y COUNCIL OF TIll: CI'rY 01-' C/\f\-1P!:\ELL, COUNlry OF ~:/\N'1'A CLAI<.A, 5'1'/\'1'[; OF CALIFORN IJ\, ACCEIYrING TIn: AGREE- ¡vn:~J'l' OF lUCBì\]{l) f-L MILLEN I Ell' AL, FOR DEVELOPt'lEN1' OF REAL PHlJPERTY LOCATED AT 61 SOìJTIl F'lHS'l' s'rEBET l\ND 91 SOUTH CEN'I'r<AL AVENUE AND Al~EIDRIZING EXECUTION OF AGREE- !\1EN'I' . ~1ER~AS, said Ric-hard B. Millen, et aI, have submitted an agreement to this City Council for the development of their real property described upon those certain Grant Deeds recorded January 30, 1973, and filed in Book 0214 of Official Records at Pages 111 through 117 in the office of the County Recorder of said County in accordance with pres- cribed conditions¡ and, WHEREAS, in accordance with said prescribed conditions and as specified and recited in the agreement and concurrently herewith said Richard B. Millen, et aI, have submitted Grant Deedsof certain portions of their real property for public street purposes and related public uses (including public utility easements, public service easements, public pedestrian easements, storm sewer easements); and, )\;OW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by this city Council that said agreement is hereby accepted and that the Mayor be and he is hereby autho=ized and directed to execute said agreement on behalf of the city of Campbell; and, BE IT FURTHER RESOLVED by t_his City Councl 1 that the sa id Grant Dee~submitted in accordance with said prescribed conditions be and they are hereby accepted for the purposes for which they are offered. PASSED AND ADOPTED thi s __fLthday of by the following vote: Hay , 19~, AYES: Councilm~n: NOES: Councilmen: ABSENT: Councilmen Doet~cl1, Hammer, 1'<1ül, Podgorsek, Chamberlin None APPROVED AS TO FORM: None APPI:ZOVED: ~ ( '-,,' . ¡/~ì I /(~'<"" ~~:{ .(' ,~-- ~~añ R. CfiâfuDer11ñ Mayor J. Robert Dempster, City Attorney ATTEs'r: j' . ;' / , I' ,-;""'1. ' .I --- ,-..:,',11"-,, ¡,;.,',,- DOrothy Trcvc-thëÜf---"- --- city Clerk \. .-' City of Campbe¡,~# I TO 75 NORTH CENTRAL AVENUE CAMPðHl. CALIFORNIA 95008 ~ PHONE 378-8141 SUBJECT A "f'-(,AC-('.(~ f\-,---,~,v 't:É-.>,VOATE . ': "Y"., +"iI '" IS ¡:'ON -rl¥' c:- If -('--1' c: íC.. II t.'Ít :Ie; ..,.. - (ff' C t:1 , ,¡vc,. c..- @L..~-A:S~ ?' -'--11'; KPc ., -f "'1' .-, t:I ~£ ~ ., REPLY s. SIGNED 'DATE eity 0/ eampbel.' ¡TO ~fÊ 1I't..t..ff) ..r-1' 75 NORTH CENTRAL AVENUE CAMPBb-L, CALIFORNIA 95008 PHONE 378-8141 FROM /"' , l,?, e: 0 ((: ("-¡-':-¡ì~ fCe-l:.. SU~JECT Æ / CCOJÞI'-r !\(:;{,(!'(I/Aßce; f}{Of~-c., ?Ié- ~ - (-"cAC rf7¡(Y. DATE MESSAGE :::C ("0 '3r' u Jo-'tÆ E71.. o¡C 'íÎ' s W' -r'q IV .;;: c./ cc e: ~ Y" t..)(¿- Hft-v'e"JU r C' ð '- G{;-c. '"í t::;" I C:::'""Í" :1" r£RSU.q ,/c-¡-- i-a ~t::r^' CO"'¿h ,.,., f'>",' -¡ I-f ( ,:; C ø .vc-«'"~ III $ ð!- t..f (!;' 1-( fp.l œ ~'<::> !;oc..v~ T'H(S M. ~ -c --.-e-:;<e AI rF "'0 --r Ca£.. -y ('0 <./Þc./L. -j 61"1-' -n'h !; REPLY COLI ,3« If? ! C,t( Y ':1 rÑc' "'" l)AlUC;¡5 ;r~Uif A-¡¿u- AI &.(¿ , to f-j.¡ (. tv' H ~ 7: E,VÎ£Å lí~, <::.It S- 0 "J -" I (.(" c.J;z e7e - ð ,-:,:[,::: ('QUe.. ,f "":u .v ùS /V'L:('é :SO¥! e e:.1? r ð'" "-ff( Ill" /rrC (7 Ul' .5'0 Þ-'1 G1" II-t 0 ((,if 1th.4c-, (-,,//~? ~J~ - SIGNED Dß~C E !VEP (r: to' f L.^ , . '9 ' ,'", -' ,.,: PUbU'<l ~~J~¿(S ¡: I\I.~ I ~¡ h:.1t"oØlf¡td,~ rJ . In I -, r/ß¿~(;~ ~lty 0 ~amp(Je' 75 NORTH CENTRAL AVENUE CAMPB -, CALIFORNIA 95008 PHONE 378-8141 SUBJECT ræ. ( ,q--r-r.4 Cf-l£' D DATE /lIp 7 M¡::SSAG¡:: r( tJtie:.v I--JI: (' ø He ê£(....ttr (3.ec.J- AN c:JA./ WHY "vOW ? .:r~ wI£' S'#'ot/L. #ð-r NO'J SIGNED --. REPLY SIGNED DATE WM, H, MAcLAUGHLIN JOHN S. BANCHERO ROBERT S. BROWN PHONE: 371-9021 AREA CODE 916 REALTOR MAcLAUGHLIN & CaMP ANY WEST SACRAMENTO PORT CENTER 1401 SHORE STREET WEST SACRAMENTO, CALIFORNIA 95691 February 21, 1979 ", Mr. William Helms(~' Campbell City Engineer Campbell, California 95008 Dear Bill: I have just received a letter from Alexander & Alexander regarding a demand being made by the City of Campbell for payment of the im- provement work done on North First Street. Evidentally, this work was bonded by one of the insurance carriers represented by Alexander & ~lexander at the time the work was completed. I have always been under the assumption from our many discussions, and I believe a committment from your office, that the cost of these street improvements were going to be incorporated into the bonds being issued for the parking lot assessment district. I have reviewed my many notes on our many meetings both formal and informal with you and other City officials concerning the parking lot district plans. In many cases you had assured me that these costs would be incorporated in the Assessment Bond District. The street improvements obviously were necessary for the construction of the rear parking lot and the subsequent construction of the two story parking structure. This logic, as well as the many rep- resentations made by your office, that the bonds would be part of the Assessment District, forces me to draw no other conclusion. Therefore, I request that you contact Miss Carol Ganapole of Alexander & Alexander, the insurance agents at 264-6700 and advise her of this committment by the City of Campbell. Very truly yours, MacLAUGHLIN & COMPANY W,U\ \~~(~\fl '~ W. H. MacLAUGHLIN cc: Carol Ganapole P.O. Box 5700 San Jose, CA 95150 RECEIVED SPECIALIZING IN THE SALE AND LEASING OF COMMERCIAL AND INDUSTRIAL PROPERTIES FEB 23 1979 PUBLIC WORKS ENGINEERING WHMltfd INDUSTRIAL INDEMNITY COMPANY . "3-1 (-fl 'C) GENERAL FORM STATUS INQUIRY . 4\ ç;; .S""S"S-~~'1'." ...~ q &? ~ "~Ç-~35- HOME C\FFlCE 255 California St reet San Francisco, California 94111 CITY ENGINEER OATE . 1)'1 : .' ':' 1 n-,' (' -".. '.: I OWNER, OBLIGEE OR ORIGINATING CO"~ANY City Hall . (1:0 V/L 'i ýo OUR BOND NO ADDRE"S YS 689-5337 REIN"URED'S NO. Campbell, California CONTRACTOR RICHARD B. MILLEN, ETAL AOD"E"" P. 0- Box 1046, Boulde~ Creek, C~liforni~ DE.C"'~TION OF CONTRACT (I..c/.ti, 10CII/io.. uti ow...r's co../rIlC/ ...mber) 95006 SUBDIVISION BOND~ For offsite Improvements 91 So. Central Avenue and 61 So. First Street, Campbell, California OWNER CITY OF CAMPBELL s 18,000.00 r 80N:"') 18,000. 00 I EFFECTIVE OATE , April 12, 1973 CONTRACT PRICE WITHOUT PREJUDICING YOUR RIGHT OR AFFECTING OUR LIABILITY UNDER OUR BONDCS) DESCRIBED ABOVE, WE WOULD APPRECIATE SUCH INFORMATION AS IS NOW AVAILABLE. VERY TRULY YOURS JL it tl.l 1- IdanL t (Cð't, BY Bond Department IF CONTRACT COMPLETED, PLEASE STATE. A~~ROxl"ATE OATE OF CO"PLETION OF WORK (or fi..,,¡ tieliver)'} APPROXI"ATE ACCEPTANCE OATE FINAL CONTRACT ~RICE s .-- -,---, ----------,-,---'--' --,--- ------- - 2. IF CONTRACT UNCOMPLETED. PLEASE STATE: A~PROXI"ATE ~ERCENTAGE OR [JOLLAR A"OUNT OF CONTRACT CO"~LETED OR DELIVERED 3. DO YOU KNOW OF ANY UNPAID BILLS FOR LABOR OR MATERIAL 0 YES 0 NO 4, REMARKS (I/IIRY) lI\ ~\ t-JT~ \N f?st,IÙO DATE SIGNATURE DL-r "2-.-~ H,,7 C=- - - \'2..A ~ r:- l.:e1N l S ¡ '£. N (;vz.. ~ (MJ~ . ADDRESS TITLE PLEASE RETURN ORIGINAL OF THIS INQUIRY ATTENTION -------- -- -- :1 ¡: I' :: ,I i'; 'j ,.. i, I! :1 il ¡' :..,~ F,',j"" ~?.J'- ,l" ¡:\ "i:..i; RR, -'. (~-"",..,q-'~,f:;u,. ,'c' / 1 / I I í, . ¡) " " ",' , ,'" of . f, "I' \ . 1"1.. ,"(ï\'/.~, /,'1. I ' , , , " / I! I I 'f , :;,',¡, Iii,. " .' L.' : ( " ,,'.':J "-' , C' ,¡ D,':::',/!/;, " ' l, I", -;/",':"/I",/,';<.:',/ì,/I/I"" ,'I! 1.' 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",-/,L?:'~'!..V:,L,->1' í v';{,'--., t-L,"-, /,/u" ..I,"'" ,'C,/;,I,. ,'LCe I: " ,/' ,/' /' i..J: - ( , .¿; 'f':) /,' f/,.' / /- , I "I" ':' ,,-,', (-"'-"':, ,n_"" ¡;j,"'-">;,C, VC',I,/, £.:.-:-6 '::(, '( '7tt..;'..-.,.." CI. I /c, 'fc,: ,- Iv ,,- /"""(1"" '" J 'j/ ,(,- ;/ /' :' ~.~~ ". C / "v I I ',/;1"1,>!" "p""j..- .... /,'(.~ "Ie i ..¿ (J >i--cr/lf-. 'I-,¡rz, t;'CL ?y- .If> ::,<:,¿;~¡<>ì ... I l,i',I! /, ,/~"':'/,: ,/ '(',J iF '.~ ¿{,il//!'-, 'lÎ.,¿.,../Lv, /.1-'", /'/.,- ~/£'I'¡,7/¿~- ¿l.,(,..:-C-I--I.. ,"t..;-'" C/../I' {./j'-' ¡ -(;';",c-, C:;:-7///,;7--?¿ ;f..;:?l_C 2/;;/r; /t.;:i.Dé", ! "r:;,,', /1 .' ~,' ..". ,,~ ,j 'I ":--'",,.. / Cr., "r---, ¡((/V(I'l- ""I-' ':1 //(./!;~~~:::(L~j Li/¿,:.:{.-{.r;:,f(;..C" -Ctv '/-,/ /1"/', ,,',' /,' I /, :¿ /:,((../" /I'-;í-;.,..~J V 1;,-,,',.) 'r' ," ".(a,cC-<::.....' I-v (..:-'-[C/'(: :?((/" ,I.-{I)-' ,//: ,¡, ,,;,.rc'~--£C- C""i j f':,~-¡,.t(.-';;;-/'-'" Ii " ¡, " ,~(:" ,? -=J/,' (. , ,I, :,'/¿ (,:,//'(2,.; ""'" ,,' """," s" "'^ ,~,"".... ,-, "-, ,,'" ' All t.hat certain piece or pBrcel of land as follows: Beginning at a stake standÌl!g in the South line of Campbell Av(~nue and being dist,and West 5. 71 chs frcrn the inter,section of the Vlesterly line of the lands of the Sout;.h Pacific Coast Rail- -, road Company with said Sout;.h line of Campbell Avenue and runn,ing thence over lanè13 of .James H.. Campbell S. 0°'15' E. 6.295 chs too a stake¡ thence p<:irallelto tone line between lands of Geo. rleming and Co.., and distant -therefrom 20 feet Northerly, S ~ 58 3/4 ù E. 1. 52 cbs to the tE:'rminus of said road in the ~vesterly fence line of lé:mds of the Sout:h Pacific Coast R. R. Company and distant 20 feet Northeasterly from the common co:cner for lands of James E. Campbell and Geo. A. Fleminq and Compë,ny in the Westerly fence line of land' of said R. R. Co. a:nc1 being a strip of land 40 feet ",'ide or 20 feet on each side of the above described center line. '. .,^' Courses 'l\rue Var.. l6~0 E. and it is distinctly undel'st,ood and c.q:r_"eeët that this st!:ip of land is dedicated as and for a cour~ty road. . ",,'j "'~ 't..~(-'. );s "-':: "Y '-'() , ".~, """" .f-, ""--.1 " (\ ~ ,\Ð \\ (" ~ ~~.\..) ~ ~.~ '~~"1 :J "" ~ ~ í,'\ ~ \\.\ \~)' '~~..,I -~ \,~ ~3 ::i. . .J \.~ .,.) ~ "'- ~ :\:::: . . ~ . ~\~ .~ C~-\~~ ~J .,~ ,/~, ':";""";,- ' ),é't ",,':' ",.'i/ ~ ,,~,,' :., C~¡~)) -- ~.'" (j '~"Jj ;!{:~~¡ . , ,I '/"9 ,"? ~',1: l"><: /n!i .'-~"'" ~.., ,,' " "'~'-¡" >---c,~ C""~1 ~()' . 'n' -- ::::: C'.. '.... '~ '>,j "" ~',.~ ~ -:; ",,\ ~ \ ~~ '--.. .~ ~S ::::: \¡ 1:\ ';: ~~ -,,~; '- , ~~ <)-,~ ' '-:;~; \ ':? ,l ~\'~ ~ 't~ ~ ~ r, (-~ '\~ ~ . ~ "'~ ~'J;~ 1 f I ß \ ~" I ~ ~ f ~ ~\), ~,~ < ~ì'~ ::. ~ ~ ~ '-.') '~ ~ ~ ~ . \'-' ,-,~\",~ "-, ~ 'C.~.,,~ ~ ' L'-< 0 , .. ".,.,- .,. 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'//(, ';""'11,/ "-">.,,, ) ()uhlfs /' / ~",- ..r!((!/oj. ~"'. ¡lllltCl/Ufl' !t)L"/,/Ji/O!'('IIlI.', ,/ ,,'./' r:,'f.,1 ~ 1/ /-- ~/ .~~;.-- \,Ç2; ['1.-"';::r>¡,L l {:¿.¡;/, Com¡/!! {,II{'j'k O/ lite COffll!l! o/,\'rWI¡r CÙf!'{{, e 0/ C((iijo7'lÚa, /0/(/) {'.'r (Ujf)~7/)- Clcl'k oj tI¡P,SUl/l'l'iOl' ('OU!'!, 01 srfi¡/, (',J1Iiìll/, \, ,>~/ ,(/.: /- --- ?(~ it)?,? 7',~ {.,-"/;;Z.I (' "¡'SOlwl/fi 01'1":°(----1'-"'" v~4,"' - ,v, ç"" '",.,- I , , pe/'sú/l({lí!/ known 10 me to be lIle /){!I'SUIl wlrfisc l[{/mc is subscl'{{;L'rl {o the u'¿¡7;':n Ill- strument, CflW: ([ckll()u:lcd~?'cd to lilt' that "¡'(:"-~~=-"'{',.l'(,C{dcd Ille same. LY' 1/11'.\'7-.,',(,',')' ìYllRBFOF. 11/((.7'(; hC¡'Cf{fi!O sd m?/ !¡(f,nd (uti! afjl,red tlw 8['(I! of f/¿(' 2!l;lf'{{I',ii" crOffI'! oj St{lel , , , , - ,'/ ¿JL , ,S((Il!(2(,Ùll'fl" ('Ofm!!!, tIIS/' ,~day Of C/;/vrv-,:5>", ~"--.),,, , ,',',1, ,-.J). 188 ""7,,/"-:: . ?'.... / ij.' ~ f/> /~.__.,._- -Ic'_--:",,/"" /'",,~'" , ~ /"'/', ,,/ >...J ~ l../ L. /( )- 1/ tL,//-/,{>' c-,--:. (-c"/.../ ""7"""""""""""""'--"""">;-",""', .::~, ) . C(j{{Ii!lrC:¡'e¡'k, All rl c, 1:-0 /)i cia Cl r¿lA.oj {lu:;<;{u/J{'}'ÙJ¡' Gmf I'f o/:m {rl.' COlì.1i f!J, : ,- //7?cì ( ,// /', \, /1",&,,','---,' :,',"',-:',' ',,/ ",( (,,' /,"",l,,-,/', ,/'-F"c"" ..j!}, ",~""/"I_-'~"""/;,",, """'H"H' ".- ,. })eputy C'ÙI'k. I I I i I, ~::)rll~\rr'¡,: ~ ~~-- ,",- I ! i .., ! (,JelL,) 'f"fì' '~...i£\'( "('(ì"T)'T{\'J'( £\ } ";'; ~u:: -;:- ';;'[;--~- \ ~ ,;~.~ - C ~ ;;{A 8$. () Ii I/¡ is / ... ,», , ./1. D. {)m'TllOllS,({/lil L'i[/Id lfuJlri1'('r(;l!Il¡ /:;I!,!','¡{,/, >', .- /' . -... , ,'J/ me. J, E, HUCKEn,(f .\ìJ/((j'lj P{{Ulc iI/ ((/lrl/n///¡f'saÙl ('011/1111 oj ,')'ulli(f ('(fl'ft. . \~, " // ' dlll!J co III 11/ is8/ 0 lied ({ ,ill '~!!<:: ili cd, 1m'""" II ij-P PC!! ,'ed , ~~ // "";(// .. "I' /:", - /' / ",.' /)('/'SO//(llIl/ knofl'll 10 11(1' In IH' Ilu' sullie IJI'I':,'O,'I ,-,'lw.\'I' IIIIJII:' , / // "" . ,."" ., -. S/I!;su'¡!JI'r! 10 t}({/ ij--/~i,.l'('(l iJlSI/'II;'I'Ì'~~...I, II IIfl,nllO ./ / -, I I -, I 'I I I I i ; \ 1 ! 1/11!1 01 lif't:)/'..: . , i I , I 1/'/10- I I I -... t!1'SI'/'i!¡l.ïl ¡I/ If 1Ir! 1t:I/O , .-", ~ """","r""""~"""Þ"""M"';";;"'~,, "":""'-""""""""":-"'.-' "~"'~"", . ,,"" ":...;";,,::..:.\.,.....,,',(..,;..,.,....:,,,:.:..,~,,.a:"..;;'..,,;þ,... , ' ""'; :';'.!i...~".;-" "">". ,,"""""'".1;:1"'" J GI{ADl~ AND V/.OJ,TION [Djy D,P.t 3 '~I) ri2 -DECŒIOHS ,11;, bo .. . t pr(:~cnt (,t . II "f!: U~tS ::s b ~t "N:t. I", t rhlJ :' Ar.gcleR v Fiske (Hi53) 117 CA2ù ¿'- -'1'('( 255 l'Ztl H:;, /, :m!>.P'l'ER .1 r::!U()nt~ r,in:itÎlJr; Vacation .:,[3 lGJï en :iGa ~ 1 P ::;6<3.) J~f. to ~,¡C~~I <'.tc" TO",!! or street, ',1:1::;'; 6.¡:;"j,¡st cI"s;t:}? of tl1oroug]frdc" ratified :;~.;y 'Of ,:ity b;;j.jch thorou¿l¡!:l:c ,located ¡:;" ,l1grc;er:l€uts, '~'cn citie~ to c1o>,o, etc" ropd or str"ei- contract, t1!';1f:e with any other ;it;: ,Thwlty or StI'¡~C'L running from either ¿f f' across Hny heretofore or l](:rc::tftcr in, OtIJ£T of st¡ia ,,¡ties way only be doscd. >;n,~h other CiTy UP()ll the com;Cllt and " ,., ',I, 'JTVE l1lSTOH Y : :;5G6. J;RAT. H.EFEI\ENCE3 , ~ 15(. }1rovidin[;' ? cail1st clo:,ing-' of tnoro11gh, ~' i1gn'one!~t betwcen,an)' d said cities ;fcrc !':[tined hy the respective leCTis- ¡{ pl'o~-;c1jn~~ ,,£'ainst the closÎ1w of ;ny rì "(-. ','n,", (," _0 t ' c, . -- ,,--.',\, <.!f.'11 ';'c") ,excep III accord. ;!grccl'1'~1~~, is hereby ratified aud àe-' t, TIn~ nISI'OJ?Y .. ],ÔtH. ,:nAJ~ IŒ'PFEY';NCES ~ l[,G. ,\'C b(ld~' of city in which thoJ'(!ughíarc :- !JY wnUen ar;lcemcllt has be!.'!) here- ,eclìøIl &3;)1 or way be hereafter made ':~ú, each e<)J~t f';¡CI¡J~¿ ~ity has II pu blic ,'!~)g 1:nd us'~ of ¡m}" ~aid thoroughfare ,it, hnd thr Iq;isLltj\'c uod)'.of the city 1 n p:¡rt lbcl't,c.f s1¡;:lj be 100..1(:'.1. shall : le or Rball'.lo)J ¡he slime in 8<'col'llanCc .~,," .--""""""",........",H'C"'i":-"-.'I,"<?--"'<1<":.~..~,:",:,,.,,~:r"'~ G1o. ~¡] y ACATlON o~' CITY STIŒET¡; II II', ' , ì ¡ ; :1 ; :¡ I ii I í' ,~"-',,,.'" " :~.¡ ...".,-,...-' I , r f § q')r'1 uù I. ,<,'inl tlh: !~\\'3 d the St¿¡1e of Calif.onlja, providjlJ~ for sl1eL dosing, ...t:l~<-;:¡n;~ ;':;1:: übnnrlonjnent. ~:mrJ in accordance with s;¡id w:-ittc!I /'.r,rCC'llC¡': ,;Y¡(~cncc(l by an e[¡'cclive orJinHnee C'lrryillg into eflect f,;;ch \>'1j¡ !f:¡. ~g¡eement and passed by the legislative LI)J.v of s::.id tithe!' ùjt~(. 'J.,l:GTSLA'J'IYE 1I1STOHY Að<.;d (,;- :J'.r.h 1%7 ",11 :JG(I § 1 P l:iG6, I i f ,t I " t ~ ~ r I I ,\ I I i ¡ ¡ I i I I ¡ ß S35~t Rccvnl::1,ion of intercity agreements. En-;'y iJ1LCrcit y ag~("JP.;;\t b,~t(tGLJre or hertaftcr made in ac\;orc1ane;, '.-,'it¡ t]¡'c prü,'i"jcLs r)f this chapter, shall be l'cconled in the L'¡¡¡"C of the, <30Unry ¡',:'(cè"kr of í:3Lh coun1y wùercin lies any of !1¡1" l:roperty tlH'O;lg], or aero~s \\'hich the'road lane, alley, è>ig]¡'I'ay or street rum whic"h is to be or hcr(;joìore has bcen c10::;e(1, yaeatcd or abi:l1- doned.' : ' LEG I [¡LA'l'lV:¡'J HISTORY Added by St;;Ì3 ]94" ch 5G9 § 1 P ]f¡<]Î;, ! f i ~ ~ ~ I v~=_:'_-- --- CJ;;;;~I~:' ,:c~-==,=c,"""~ 11 f ~I ., '. ' d I ,-[A(JdealJ~'St"tß1951cb463§7p1495, '" .,~: t! i I § 8370. 1, pl'1ic¡¡biJJty cf § 6308. Ii : 118311. C",c.'Jl,VeYi,;;I," :is,~t:::t,:~~'~ :,' ~:~~::',d'6S:~~~: :,,6;","' ,,!w,,: :: f hg bur] o\,ncrs, ' I t § 83ï2- 8'"'111': COlltcats of Ord;D31!Ce. I ì § 53í3. f;.lJ'le: Itnposition 01 reaso:l!:ble ccni'.itioI;a: Compcnsdion. ' I r I § 837~. SaJ~)e: 'Jimc for deliver:)' ¡¡f dce,da, ¡ ~ ~ ' I ~,'. ¡II § 8370. Applicability of § 8303. Seetiop 8308 sha)J not 8.pply to t,! ,~",- (I, this c,hapter. 1\ ,,/ < LEGISLATIVE JUSTORY i', AdàedbyStats1!151ch'1!;3§7pl4.95, II tt,. í!:/'¡ § 8371. Conveyance of cHy's interest in vacated street to ~,llj~(:.(mt il! ,\,1, I: or fronting; hnd owners. .Wh~ùeYl:'r any òtrert or portìoJl of ft \ street is vacated b)' n <'ity, Ul'der tl'c proyis!o1Js of any 2:1\\' of tI,is ' i/ ~ ! S - f f. , I \ ,'tate 01' of its charter. ot' the jiJurposc 0: opemng a new stret,t OJ' ii f,' strcrts i11 lieu of th"t YHcated, tlie !c;~'¡slatiyc body or thto city may. ¡.' f. by onlimmce, unlc;.;s o'..herwisc pro-,'i.lcd in its charter, convey hy ¡ deed its interl'st in t]¡" strert ¡¡r po;-lion .of street \Il('[,ted to the I ~ owners of the lanus ,.dj[¡c(:nt tJ~, .0;:- fronting on thc street ill s11ch , ! ~ maImer as it dcems that equity l1cquircs. I ~ ¡,l';GISLA'11yg lIIS'1'OHY : ¡ =:~~~;::¡ '~:" ¡=:~I', ~:;;~ ~~.,,:: ::=::' ~~:'"~ :}~~::':::: Jj i ~ """"'I'~~\"."",."..,x""""...._~"~¡..,...,..",<c."",..,.,..,,,,,.,.-ë':"-""','",.:" '" ,wC<""'""'!~'::"'~./"""'-":"~'Y"""""'~""-- ,', --.""" "', All that certain piece or parcel of land as follows: Beginning at a stake standing in the South line of Campbell Avenue and being distand West 5.71 cbs from the intersection of the Westerly line of the lands of the South Pacific Coast Rail- road Company with said South line of Campbell Avenue and running thence over lands of James H. Campbell S. 00 15' E. 6.295 cbs to a stake, thence parallel to the line between lands of Geo. Fleming and Co. and distant therefrom 20 feet Northerly, S. 58 3/40 E. 1.52 chs to the terminus of said road in the Westerly fence line of lands of the South Pacific Coast R. R. Company and distant 20 feet Northeasterly from the cornman corner for lands of James H. Campbell and Geo. A. Fleming and Company in the Westerly fence line of land of said R. R. Co. and being a strip of land 40 feet wide or 20 feet on each side of the above described center line. Courses True Var. 16~0 E. and it is distinctly understood and agreed that this strip of land is dedicated as and for a county road. April 4, 1975 Project 75-;1- Loop Street Improvements Phase I Parcel. No. 18 APN 413-7-52 Partial Take All that certain parcel of land situate in the City of Campbell, County of Santa Clara, State of California, described as follows: BEGINNING at a point on',the Easterly line of South First Street and a Northerly line of PARCEL "A" as 'said PARCEL "A" is shown on that certain Parcel Map filed in Berok 3.37 7<Df Maps :a~t',Pa:ge :1.8 tin the O£fice of the County Recorder of the County of Santa Clara, state of California~ said point of beginning being also a common corner of Lots 5 and 6 as said Lots are shown on the Map of Campbell's Southwestern Addition to the Town of Campbell, recorded in Book "H" of Maps at Page 85 in the office of said County Recorder~ THENCE, Easterly along the common line of said Lots 5 and 6 and said Northerly line of said PARCEL "A" and the Easterly pro- longation thereof 236.31 feet, more or less to the beginning of a tangentcurve concave to the Southwest having a radius of 325 feet~ THENCE, Easterly along said curve 48.99 feet, to a point of reverse curvature with a curve concave to the Northwest, having a radius of 20 feet, which curve is also tangent to the Westerly line of central Avenue as shown upon said Parcel Maps~ THENCE, Northeasterly along said curve 34.56 feet, to said Westerly line of Central Avenue~ THENCE, Southerly along said Westerly line of Central Avenue 75.89 feet, more or less to its intersection with a non-tangent curve concave to the Southwest having a radius of 275 feet~ THENCE, Westerly along said curve 73.16 feet to its point of tangency with a line which is parallel with and 50 feet Southerly measured at right angles from the first described line~ THENCE, along said parallel line westerly 216.13 feet, more or less, to its point of tangency with a curve concave to the Southeast, having a radius of 20 feet, which CUEVe is also tangent to the Easterly line of First Street~ THENCE, Southwesterly along said curve 31.47 feet to said Easte~ly line of South First Street~ THENCE, Northerly along said Easterly line, 70.05 feet, more or less, to the POINT OF BEGINNING. :- ~,: ' (t! ~, r-: i;. ' , ~ ~TREE.T ...r I + ~ CAMP&lC <;oU\'\\W.c,; \<.N. ,,~~"" ;:; AVENUE. T BE GRANTED TO TH E CITY OF CAM p~ Dr.By M.B.S.; March, 1975 Ck.By C.S.G.; March, 1975 ((. F\R.ßT p,O,B. Z-L SCALE: '".50' .', i v ,11 - "..~ po " ~ . ,J N -: - 0 . . ò 0 J of' 0 CJI .-- .J oil' , ~ ~ ,\, LO '\ C; leT1 I . '.' PARCEL "Au , PARc.~ \. ; MÅ~ " " , , , I ~~.,- l~ .{, ~ . (I, ,. oJ' I,~' :: ,. " þ . '.. .' . ~ .',.. ... N.D 51! tit. # ~ I J' - o. , III 0 0 " ",- ", ,', ~ CENTRAL N CJlLond to ". "...te' to City Containl 1'5, ,""70 ~,.ß. .... ;~' ~ ~ 1J , 01.1 'f11 r r .~ ,~ r~ ," ~I I'll Z. 'C: 'm ([ + J PCL. *' /6 A.P. N, 4'~-7-5Z Prepa,.d by the Offiu of the CIty Enoine.,. Ca",pbell. ColIfarftl. Project 75-1 South Loop Street '.' ! "( " 1 ,'/: i :;. "Ij ~ I ~>,.,., .. i"'~'¡~i:CI 'y,",;'~:';,:rr' ,- , '.1.;-(:1; ':.T or CI'~' or- C:\M~ i'.' f ~ ~ l~.' ~ ." ¡'/' ,'.. ,'" , :'- ; . .. ,';,1 ,'. '.. ~:f . 4IpT~eH hb~EGialT PI-eamÞ 1 c THIS, AGREH7EiH made this 'lith day of ~,.' 1~1S I'I:/þ N, - 1: 'Í "'I"" ", 4/'."'-'" "; I, ,.., "., ". C ._.~ ~¡ 1... ",c,v .~ to"- .i'......-~..l., I '\ .,"f.. . .~.:--\~ f';::': :.197_, at Campbell t Cillifol-nia, by RICIIARB B.&QErlYC[ HJllDI ðRå ~!IU.IAl4 H. and . o. " "r~ÌÄ{';;":tû\Y~IIl! H, Þore i na f te r co 11 ~c t fI'e 1 Y "0 f erred to as" Op t i ono rs", and THE CITY OF CAMPBELL, hereinafter collectively referred to as "Optionee". Recita1£ WHEREAS, Optionors are the owners of certain real property sit- uated in the City of Campbell. Santa Clara County, State of California, rc- ferred to as "Parcel A", and more particu1c:r1y describ~d in ~xhibit A which .. - is att~chad hereto ö.nd by this r'efE-t-ence made a part hereof; and WHEREAS, Optionee is'the owner of certain real property situated in the City of Campbell, Santa Clara County, State of California, referred .. to as Parcel B, and described in Exhibit B, \'/hich is attached hereto and by this reference made a part hereof; and' WHEREAS, Optiont:e, by Ordinance No. 821, designë'.ted the plan lines for the South Loop located in the City of Campbell; and WHEREAS the Optionee Ges'iI~es to acquire the exclusive r-ight to put'Chase, ,':i thout becomi ng ob 1 i gated tCJ put~chase, the pl'operty dCSC1~i bed as ,Parcel A at an agreed price and undGr specific terms êind condition$; and WHEREAS, Op~ionors desire to acquire the exclusive tiçht to purch~$c. h'~th'o~t b!:comilìg obì¡gë;ted to purchùse, the property dcstribed as Përcel B òt an agr.:r:(~ tJrice and UfuJer specific tCI~i!ìS anc; c.onåiticlIs; and -' tI' .-. .,- -.> I,.,,' l~)r' - '1.;'" '\ .,;~"I"'r ".~, 1,.1.' ~ "'~ 'J...J r/ t I WHER£^S. Optio~ors and Optionee desire t~ exchan~e a portion of Parcel fA for Parcel.B with the d;fference ;n square footage to be acqu;red under the exclusive right ro purchase. without bec~ing obligated to purchase. by tho .Optionae at an agreed price and under specified terms and condit,ions; NO\'!. THEREFORE., it is agreed as fa 11 0\'15: Grant of Option 1.' Parcel A described in Exhibit A attached bereto and made a part hereof at a price and under the terms and conditions as follows: Optionors here~ grant to Optionee the exclusive right to purchase proper~ described as parce1 B attached herew ~ich has a to~1 s~are foot- age of 9.658.32 square feet. A. Optionors will accept on an equal square footage basis the B. The property described as Parcel A attached hereto has a total'square footage of 15,88ï.'8~square feet. c. The difference in square footrige between the p\'op.erty des- "\ . ,.\," , L ~ . crlbed as parceì A and the property described as Parcel B is 6.279.61 square ~/I'r.:.,' feet. rr¡ J v ,:;;K-->- ; ,,), . said option is L ,'~-r I .. in square footage referred to in (l)(C), plus.~ ~oo all v~ifi~ costs ~iœ ~~"ow optionor ~s spent in,d=e~p~~ PMcel.Afo~ its ~se ös a p~rkfug lot. ddv~ay. coo/o< p<~ate styo"t E. If Sald optlon 15 exerclsed ~ Optl0nee. Optl0nee shall de- . ac.Coi!:';S. D. Optionee shall pay to Optionors at the time d' \ ~ ' ~ ~ e~~~. ~ ~ ~ p~L. fur ~d 6.m~ ~~N hd. ~ ~mN~ c" liver to Optionors a document indicating that the property described as rarcel B has been abandoned by the City and, if necessary, a Gral1t Deed conveying said property to Optionc.'s and, in ad~ition thereto, a chcä in the amount of $8.728.66. In return the Optional's shall ~eliver to the Optionee a Grant Deed 6'" )""l ~ ~. 7 ! I! F"" r (, I U , .:.._;' , I"~ i. , ", -2- . ..-- -*" r ! ¡--~" ,j('t-',,~ ..'~:"¡,, J~ "'I ....Ui) '~;\,['!ì,~,..J ,,/ conveyi.ng the property described as Parcel A to Optionee. , Opti on Peri od 2. This option shall coúrncnce January 5, 1973. and continue until 5:QO p.m. January 5,1975. Consideratiün 3. This option is granted in consideration of Optionee's pa)~ent to Optionors of the sum of One DD11a~ ($1.00) and other valuable considera- tion, receipt of which is hereby acknowledged. Retention of Consideration 4. ,In the event this option or any extension tller'eof is not exer- cised, all sums paid and services rendered to Optionors by Optionee shall be re'tained by Optionors in consideration of the granting of this option. 5. - Exercise of Option If Optionee is nõt in breach of this Agreement, it may exercise this option by execution and tender to Optionors of the items described in paragraph 1, subsection E. Automatic Termination 5. If Optionee fails to exercise this option in accordance with its terms and within the option period Ot' any extension thereof, then this option and the rights of the Optionee shall automatically élnd ilTtl1E:djately termin~te without notice. There~fter, Optionee agrees that it will properly exe~ute, acknm'¡ledge, and delivet' to Optionors within Ì\-lcnty days of ¡Acquest thé'.reof, any document required by Optionors or a title.insul-ance company to vcdfy the tennination of this Option Agreement. -3- .. 'I , ! ' .. I I I I . I : , i i : , , : : I I j I' :' ! I , . I 'i. ; ¡ r ì ¡! I ¡I' I ~ I', , t' ti i : ! I ; I!' II I' : '; I I . ! I , ; i . fï . ' , ~- h"';;:""""W , /' 1- ,-. ,>. ~.~'" \, .,,'" /1'.1,'.\ ,'l"":[~~! ~ ~ ,,~\¡ . '. .¡, ~ " / ,r ASsignability of Option The assignment will be 7~ effective as to the Optionors upon notice thereof by Optionee to Optiono"" Notices Option~e may assign this Agreement. 8. W be given ~reunder ~ either party to the other ~y be effected ~ personal delivery in ~iting or ~ registered' or certified ~il. postage prepaid. return UnlesS othe~ise provided herein. .~ notiœ. tender. or delivery receipt requesœd. and shall be dee~d comunicat~ as of mailing. Mailed notices shall be addressed as set forth be1ow. but each par~ ~Y cMnge his ., ... ~ddress by written notice in accordance with ttiis paragraph. To Optionors: W. R. MacLaughlin -2201 K Street Sacramento, California 95816 .. . .J : i ! ,I :¡ j j I , To Optionee: . City Manager, City of Campbell 75 North .Central Avenue Campb~ll, California Entire Agreement 9. This instrument contains the entire ~re~ent be-en t~ parties Any oral representations or modifica- relating to the option herein granted. ~- œK-~~ Ws iM~~~t ~~l ~ ~ 00 ft~ ~ rihct ~~~~ . subsequent modification in writing, 'signed by the party to be charged, 10. parties hereto. arising out of or relating to this ~reement or the breach thereof. the prevailing party shall ~ entit1~ to rec~er from the losing , In the event of any controversy, c1aim, or dispute bet>leen the Attorney's Fees par~ reasonable expenses. attorney's fees. and costs. ~ I t, -4- '~~'" . ,- ,,' 11. Binding Effect This ~-~ ~11 bi~ a~ iOON ~ fu ~mtM fu NQ~ I'. "",- . ;' ,', ",I '1"(' i . ""'.,.í 04.Vd !:~!.~:rl1 hereto. . tive heirs, þersonâJ representatives, successors, and assigns of the parties Execution , I " Agreement the day and year first above ~ritten. "./ -'. ~ - I OPTIONORS: j~~:;;':,~/ .6~I""C 'ßt(.- ~ichard B. Millen III WITNESS fIHEREOF. the parties hereto have executed this Option .. ì; , """. <'."," . 1. / /' (,' 'J-:- Denyce Mi]] en ' , Æ~i¿'(~~' II f/1'i~:2 CJ.{.v~ t:.~ ,- Wi iam H. Maclaugp;~'n,'" , ) . -. Cic./.;/ , ! " C. ~~( -"1. { ~,,",\ L " ').:) --<'" Cl-LJ<~..-.- Ma rttJa ac augh] 1 n Co"'":'" OPTIONEE: ~ " ", ~, " . " , " ", .1~ I if 0 - . ',p, ¡ .. , . ,'" . I" '. ":"."..-",.~~.".: v" " ~, ..r-..' ~ .. : 0 0"'.. /;J. ....Y".~(-~.I'"..~r,,"-";"" B ,. Y?/.;;-/ .O"'""~""".o~. '. Y i"-<-tf.-~,~...",,.<, 7'r-e-i..-"/-1-.rc;: '<---:"'¡~ /.:..-!/"'y-.r-L:." 0." '\' ' C-., "o/; ~. /', . /~ :'"~~ to: ~:":;- . '~: ~:~ ~ ~ ' By cr, ,7.-7, ../. oZ,. /". :v. r;.", "k"Æo-::': /' / :..7 0' _(0':..... ". '> -.1.(, 0 :-:' ";.'-" '.' .. I . ". "_,~,r. 0; ~... ' .. <.::""..~~.~ 0': :::' ',~ , ~ ~ ' , ' "", 1" .' ~. '\. ." -" -,-..,.....' CITY OF CAMPBEll -5- Exm B JT r\ ~""----'-' ...- i'~~" 01;\ 'f. 1 C' ."~' . .. .1(~1} pI "):j<'~ ~ .",.', I. .- " '... ).i:CT.L JC::CJ>.TP'j'JO;'¡ 0;,' Ph]~('>:L 1\ -----.--.--. .....--. ---... .--.,.,----.-.-----.. . . DEGJj~:\!n.;(; ¡,it t1w nf)rLh\-.'~~:t(':r.:)y co:~ncr of Lot 6 b(~ing ë1 point on t}1C CÜ~j::'c1'1y ji.ne: of.. Fil"~~::: SL.r/~ct:. Z:¡-; si,icì Lot 6 ¿¡lId ¡;aid Fir~;t SLrec t arc shown upon thi'J-::: ccrta iT. m;¡l) f i lc~d in Bool:: 11 of M<:ì})s at PélgC C:; in t:hc of::: ice: of the: CQUAlty l~ccon]c;r I Count:y of S¿-tnta Clara, S¡'.<1tc of C<:ìliforn.lêl, and cnt,i.tJ,cQ flI"'l¿1p of Céìmpbell' S South- vlestcrn hdd I nil ¡ , 'TI1E;:;CE, along the northc.rly line of said Lot 6 and the eastcr Iy J.:jro:l onJ ûtiO:1 thcL'cof. bcÜng a linc t,hù.t is por¿:¡llcJ. vIi th and 275.00 feet southerly, mcù.sured at right angles, f~O~tilC c(mtcr line of C¡\;','¡}l})cll ,"\vcnue as ShO\'.'D upC>ì1 said' ¡"ap, East 293.95 feet to tho. beCJi.nning of a témgcnt curve that is concave north- 'westerly nnd h~s a radius of 20~OO feet; 'I'FENCE, northcãstcrly and no):t:hcrly along the ëŒC of said. curve J1. 56 feE~t throng}) a central &ng1c of 90C' 25 I 13 II '1.:0 a point of taige~cy with the weste~¡y J.ine of Ccnt~al Avenue, 50 feet wide, é1r; séJ:Ì.d Central lwenue is shown upon that certain Flap e:~t,i tIed "Subdiv,Ü~ion of CÒJ.-;1pbeJl Tract" fiJ_ed in Book C of JllZlps at Page 49 'in said office of said County Rccoxder¡ THENCE, aJ.ong said .,..¡estcrly line of Central l1.Vf:nue South 0° 25' 13" East 70.15 feet to tl1e .i.ntcrse.ction with t11C eë1s-cerly prolongation of the southerly line of solid Lot 6; I I ¡ .1 :1 THENCE! Dlong last-mentioned prolongation and said southerly 'line of Lot 6 West 294.47 feet to the beginning of a tàngcnt curve tllù.t is conCé>.ve southeasterly ~ìd has ù radius of 20~ 00 feet;, ~t'HENCE, sou'c1lwestcrly and ,sout.herly along the <:ire of last-- mentionec!. curi~ 31.42 feet throug~'1 a ccntricÜ angle of 900 00 I 00" to a point of tangency with said eòsterly line o~ First Street; THENCE, alor¡g sz.id easterly 1ine of Fix-51: Street North 70 v 00 feet 'to the POI~-~T OJ? BEGIl\i-Jn~G. i. ¡ : I I: I! ¡ ! Ii CONTAINING 1::'1 887 ~ 93 square fcc~t, IT;O~C.3 or less, and Deing a po:r.-:.:ion c.;Z the Northwest ~4 of Sect.ion 3S( '1'. 7 S. t' H. 1 \'~., H.D.B. '& N. . ..' , . . . .'..- ...................,.-..... ..~... .. .."."..' ... , . """"""""""""."",.",.",.'A<-',.-.-"""."-,,, ..... "'." ,"'r"~"".."" ... "...",.., ','.."""Vh"""~""'" "."",~,,"T- .".",'...-,'~'.",...""",".""""'-"',"'..""" II~,. " Ii (J .I.., I ._------~. --~i;..~C {~'3 li"',.F \~..:r:-., !,:~ t- -- ------ of ----- I t ~ ;.""'" ¡::", r -I, U ~ I ""',i 11;/ r---- - 0T'}.~ r/-- ~ l," In nl I ,.1,11',4 I I r.'.1 U:: 6: '~!:'J. , I {: oJI I . LI~'~ I r; ;~: ,f, Nt~ I ~.. I I'"~ <I ~ '" 110'\ .... \ " t "..' I ¡'i,lf:" [i (,:'.~. "0," (,r v~' ".; 0'0' . ~: i r---~ - I it. ~¡ ! 13~~J ~c; r--'-'~-- I ' ~ 26JtS£ ¡... , I T c r:..' 1;, }\ (I' -- -.. .,$ II t:';çç- =.."-,-~~o_~/"'~..._,"':~.....?";~-:-~":::';_:,r':.'; ,,~ \. - rf:~ ~::: ! ~: ¡ '<:: ¿;~:~:/(:~:-,:'¡:j:-ç~:.:.'. ~+? +---:: - - "'\ I \ r >'" :-<.:,::~_'~_n '::':;"~::~~~~-""---::";;~:~~;""-""~~~:" '11':.- t, -'- -. I ),"£>' -7 ~ -". .~ I~: I ({ ::r: O 1 I. c c.~ R. '-./' r==. ~-r-;.6... : A: R" => Z:O,OO. I~:' ~o 2~:,' ~~:-:/ L '" ~~I.~:::>,,=/ ß: 1:<' '" c~() DCJ' 6"" ~.)::,)<. c>:'.>'c>C)" I-" ðl Ac:.' F~~:::\~,F<~, C~: l:=': Lo~..' £\~ f~,r,"'~":"~".:",~~:,./.'"r-.;.\":"<""'" 0'\::" F,,~,,\~.Ç_E:.L J>...::: p-:::. ")',-:\S:\-r. c',);,) <:,C),v."r. ~ ,'. .' ~ "'!I'\'~-\It""¡ '::AK\;l'l-i L..;,')c:,~o' ~;:.";"Y¡<L\.'=T \':'L..~,,\,,-\ l_\I'J!'::' 1",..,.. ,.' ".""..,.' tJ,.\"-;,\~,,:v r-..\O,I:"Y¡'o C\"',. S'~'l' fe.. c. I'. "'" 11"-, Ir), ; '"': 'j"" ~, ~ ['/llif')':5 j JJ Jlr I: (/:,' ~\-- .. .( .~> -"':;..:.c-1"'~~""i;-- ~.. ,;:/ ! ' , . 1 Ä ¡-" c:.~c..,L... 1-.1::: : I"""" ¡DO' ! j ;- i , ( . I; . r ¡, ¡ [ ~ I I' I r ! }¡ [! ~ t ¡i' I, h I r ¡: f , " I' I! Ii Ii " ì: I! I, I: l f. b ~ !: r I; , t i' I r' ,; l- I, I. r !. I I ¡ I; I I I' t.. ; -" . --'- < ,--,.--. EXHwn B !pr ^" 1 Or',.-,.", ~ ).').1 ....Uf) r", .. 'f '1'\1.." ,f-.)'.t hT-;~~l':I!.J) r~,~(~~,~jJ)'r liJ.; L.ç: !;~..J~t:J3_ÇX:;1~_D BEGn::GNG ut the IWl-thc?i.1stClly corner of IJot 6 being a point on tbc '~"C,'3tcj:ly line of Ccúlr-al l\V(J;ilH~ as sùÜl Lot 6 t:lnd said C-,r-""-l' ì\v~'n"" "'C' <::')0"") ..1~0'1 t'll"'-- eerta~"l ""l-IP "nt1'j-]pd- "S'11')C";V"Ir-l'c'n ,-,..~l.d .. '-- .,\.0 d". .-" 'd .IL" - .ut.. --, (.L.. "',-:, C -..-.., ,..t.L. ..dJ of Ci':mpbell 'I':cact" filed in nook C of l'.i:aps u.-t Page 11 9 in the office of the County Recorder, COW1tV of S~nta Clura, State of California; , ~ -. "l'mmCE¡ along said westerly line of Central l\vcnuc North 00 35 I í'lez;t 5.00 feet to the intersection with a line that is parc:1l1el with anÓ 325",00 feet, southerly, measu:cecl ùt riqht angles, frOìT\ t'hc center line of C'ampbell Avenue as said Campbell Avenue is F't,O\"r;:), u;;)on said map; THELCE, ;;.10119 said paJ:'allel line East 25.25 feet. to the begirúJ.L1~; of a tangent curve that. is concave sO'ùthe:rly and has a radius of 150.00 reet; THENCE, along the arc öf said curve 24.88 feet through a central angle of 90 30' 13" to the intersection \-.'Ìth the easterly , line of said Central Avenue, 50 £eet wide, as shown u~on said map, rrHENCE, aloY'lg said eéJ_~-3terly line of Centra] Avenue South 0° 35 I East 97.52 feet tc 1:he south,..¡ester1y corner of Lot 7 as sho~~ upon said map¡ . " THE~CE, along the northeasterly line of said central Avenue E:lso being the southwesterly 13.ne of said Lot 7 South 58° 33' 28" . East 89.4,4 feet to the scut,heaster1y corner of said Lot 7; THENCE, along the souJch\.¡esterly prolongatic;1 of the sout-h..:. easterly line of said Lot 7 Soutt. 310 42 I It'lest 40.55 feet to a 'point on the sou,theasterly line of said Central Avenue¡ THENCE, along said southe&sterly line of Central Avenue North 58° 18' Hest 123.21 feet to the southeasterly corner of said l..sot- 6¡ THENCE, along said -",lesterly lin'3 of Cent:ral Avenue Nort,h 0°. 35 t, \'¡est 111.0 feet to the POINT OF BEGINNING. CONTAINING 9{G58.32 square feet, more or less, and being a portion of the Northwest, ~4 of Section ,35, T. 7 S., R. 1 í'¡., H.D.B" & H. ,,' ,..-. ..- '.'.... 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VALLEY ~ 1 rfL E COMPANY ~ 300 South First Street-San Jose, 292,7150 - 3550 Stevens Creek Blvd.-243,4269 - P.O. Box 90156-San Jose, 95157 - 2354 Alum Rock Avenue-San Jose 251-8500 - 1741 Saratoga Avenue-San Jose, 252,2975 - 1670 Hillsdale Avenue-San Jose, 267-0520 --- 445 Blossom Hill Road-225,4224 P.O. Box 23855-San Jose, 95154 -- ð531 Crown Bhld., Suite -6 - 268-5541 San JOM. 95120 PRELIMINARY REPORT - 6t6 Ramona Street - Palo Alto. 326-7892 --- 605 Castro Street - Mt. View, 968-4427 Application No. -- 247 So. Mathilda A~e. -Sunnyvale. 245-0240 165834 AL 10625 S. Saratoga.5unnY~81e ReI,-253-7630 P. O. Box 120 - Cupertino. 95014 COUNTY OF SANTA CLARA W.O. NO.9 566 - 6 0 -- 1930 So. Bascom A~e.- Campbell. 371-789t In response to the above referenced application for a policy of title insurance, VALLEY TITLE COMPANY hereby reports that it il prepared to iHUe, or cause to be iSlued, as of the date hereof, a California I antt Title Allot:ÍatioJl Stanttn,d ("nve,age fOf m Pnlk Þ' af TItle ""'.uan", de,n ihiflø th~ land and ,h.. ."..'e H' Itl'e, .,1 'h.,.I" h.,.I"""8' ,., hu'It, I".." II" ""11'"'1 I..., wit..... "'"Þ' h. ,"'1..1"... h.. ,.""," nf ttll)' ".fetl, II." Of 8I1tU"""ttllte lIot .ItUWII UI ,efe"." tu .. till ~.t8,.tlUII "eluw Of nnl ..dueled from cov.rag. pursuant to the printed Schedulea, Conditionl and Stipulation. of laid policy form. This report (and any supplements or amendments thereto) is ilSued solely for the purpole of facil- itating the issuance of a policy of title inlurance ond no liability is alSumed hereby, If it is desired thot liability be assumed prior to the issuance of a policy of title inlurance, a linder or Com- mitment should be requelted. Dated as of March 23 192.§., at 7: 30 A.M. VALLEY TITLE COMPANY ~- c.ß~ L/ The estate or interest in the land hereinafter described or referred to covered by this Report il: A fee VICE PRESIDENT Title to said estate or inter.-It of the date hereof is vested in: (:iLL LXJIIB1'l' "A") At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: (Continued on next page> ~tf ,,~ FMCfmz f'Ii!t!:ftJ Ib5834 EXHIBIT "A" STANLEY BECKER and MARJORIE RUTH BECKER, husband and wife, as community property, as to Parcell and Parcel 3; CITY OF CAMPBELL, a municipal corporation, as to such interest conveyed to them by Deed recorded May 16, 1973 in Book 0379 of Official Records, at page 452. and RICHARD B. MILLEN and DLNYCE K. MILLLN, his wife, as tenants in conufion, d.6 to an undivided 1/2 interest. a.nd WILLIAM H. MAC LAUGHLIN and MARTHA B. MAC LAUGHLIN. his wife, as tenants in common, as to an undivided 1/2 interest in and to the remainder, a.s to Parcel 2 and Pa.rcel 4. ltJ L.ü 3 lot Page 2 '~ 1. The l'ightB of the puLlic by l'8af:ìOn of sai<.l landfJ beillg yhown as an avenue on the Map her8in r.fe[,1'8d to. 2. Utility easements which may exist within the lines of Central Avenue. 3. Rights of the purchasers of lots within said subdivision as to the use of Central Avenue as a street. 4. Liens and encumbrances which may exist on Lots 3 through 11. inclusive. which. upon sale or transfer of said land described herein. may have to be released as to said land sold or transferred. NOTE: Property was not assessed. DESCRIPTION All that certain parcel of land situate in the City of Campbell, County of Santa Clara, State of California. described as follows: (Cont'd on next page) 165834 Page 3 PARCi:L 1: That por'ticm ot the LatJtel'.ly 11'1 dud thul ¡(Jc'lioll 01 tile Northerly 1/1 ot C..lItr'cÜ AVCltIIU8, àJjoiIlin~ Lott'J 'I, U, <.1, 1U alld 11, tit.! IiÌlown on that certain Map entitled, "Subdivision of CamlJbell Tract at Campbell Station", which Map was filed on January 3, 1888 in Book "c" of Maps, at page 49, in the Recorder's Office of Santa Clara County. PARCEL 2: Ttl4tVOI'liulI ut tile Weblel'lyl/:l.lJI (:Ø'lIlI'd~ I\VelllJe~ dJ)uJII~J.lg Lulb J, 4, band lI. åt:$ bÌlown 011 lII4t OtU'tc&lll I'1Q(1 Ci8ntltlød "hul¡divil.l1on of L'(~III!d¡...I.l '1'f'¡;h.Jl .;al CQlllpl)glJ :ìl,"tio/l". wlaluh l'1dl/ warl tI1caJ 011 dalllJdl'y J, lUUU in üook "e" of Mapu, at ¡Jaa. 4\, in th. Hec.;ol'der'es uttic.:e ofl Santa Clara County. PAI{CEL 3: That portion of Central AVenue, adjoining Lot 7 on the South, as shown on that certain Map entitled, "Subdivision of Campbell Tract at Campbell Station", which Map was filed on January 3,1888 in Book "c" of Maps, at page 49, in the Recorder's Office of Santa Clara County. EXCEPTING THEREFROM the Northerly 1/2 thereof adjoining Lot 7. PARCEL 4: Beginning at a point in the Westerly line of Central Avenue, 25 foot half-street, also being the Northeasterly corner of Parcel One, as said Parcel One is described in that certain Corporation Grant Deed filed in Book 0214 of Official Records at Pages 116 and 117 in the office of the County Recorder, County of Santa Clara, State of California; thence, along said Westerly line of Central Avenue, also being the East- erly line of said Parcel One, South 0° 23' 10" East 290.93 feet to the Southeasterly corner of said Parcel One, being a point in the Northeast- erly line of Parcel 3, as said Parcel 3 is shown upon that certain Corporation Grant Deed filed in Book 0214 of Official Records at Pages III through 116 in said office of said County Recorder; thence, along the Southwesterly line of said Central Avenue, also being said North- easterly line of Parcel 3, South 58° 27' 19" East 123.18 feet to the Easterly corner of said Parcel 3; thence along the Southeasterly line of said Parcel 3, South 31° 34' 10" West 9.88 feet to the point of intersection with a line that is parallel with and 9.88 feet South- westerly, measured at right angles fporn said Nor>tlteastel'ly line of I'Rr'/lel 'I, rut!d ¡"¡H',dIAI I I II Ii> olin', !"'"II' 1',11".111'1 I¡illl '"111111,1111 rfÇ :HHHllwuwl.,'!Y, IIIg~IHU""" ~I r'~~IIL 1111tJ,18h. rt'lJI LJ¡Ç L~C;lllal' ¡ilg LJt l.uaiL1 I:Ultl',d AVØIlI4t:, l!¡UIIL;Ø a!ullti, bai,j IQI'¡;¡jlt¡j Ii/Ita, HQI'l t,þ" 'II ~" Wa~ n.~1 r.", I" IIIN ~I/il' Ilf IH!al'RP¡;111/11 willi a JIIiE' lllA! 18 l'Ml'aJ1el wItll amJ b.UU feet Westerly, measured at right angles, fr'om said East- erly line of Parcel One, said parallel line also being parallel with and 30.00 feet Westerly, measured at right angles, from said center line of Central Avenue; thence along last mentioned parallel line, North 00 23' 10" West 299.49 feet to the point of intersectíon with the Northerly line of said Parcel One; thence along said Northerly line of Parcel One. North 89° 59' East 5.00 feet to the Point of aeginning. ¿ 49 ""I ~' ~::" , 'h: ~' t~':'f d';" ',' f(: \: ,0 ;'~I V r f; \~ II" '" ,,:, "" "" "',. ,..~tf~"',,,;:<.:)~.. ) . .' ..' ~, ',', I \, 'I 1 ",' ',j . I I .... . , I I t, ~"'I ! t) I I :. Q ~ :"t) ~ ;~ If' I ~, ~ Itl ,;t 1"1 ,:t I"" " ,It ,II¡ 't 1'1 ", ~ I '~ " . :-c ~ Ii, ~ ~' ~ ~ ~ I I I I , ! ¡ , ".. " I ¡: I;' ¡:'" ~ ~.. I '\ (¡ ..4...-~._,;.~,_.",. ,-,.' ., ~... , ..:, "', t " , " .. , "0' ~ ~ ~ ...~~ $ ~ l ' II: i ~ ~ "'::'" 0 c....r~ (',-p "",:., , <~ ' '--?v ..¡ ..", .' .' .. t :.. .. ~ "- ,!', """ c.' ,. '., C§) 0 ø ø ' G ('- '\ ' ~ .. I' . ~ ~ i' ,, 4 . I 0' ~ Â~ Tù~ U' .' , G G \ ' G~G ~, (~ ~\.J' ."-,..;.;..,---..,.",, .,..,------, - u-- ' , ,-" P,-" 0, 0"" ~ ;, J,\:o..... ~, . ..... . ' , .. - "_~"~",,,,~-"..,,~.,.c . -, ," ~ . ,-. "- - .,,-. ., ,,' - . .., ,.- 0" " " ~í ' ~~ t, t ~ ~ ~ ~ 1 ~ ~ ~ "'L~ ~'"'" ~ " ~ ~ "" ~ 0) ~ ~ to 'l' ,~ 'Y ~ ~ ~ ~. r'~ ' ~ ~. ~ ~,~ ~'i ~. ~', N.J' "- 0 '-I '~ l~ - lot "" t """""',', .. -'P,""'" ",',"" 'Q:""~,. " ~. ~. ~ ~ " I\':--i ,~ ~ "i ~ ~, -, ,-- - - '.. ~""'--"""""O~'('---","-, ---. ~ ~ ,~ ~~ '~ '~ ~ ~ - ----..', ..' f), ~~_..,~ -~ "\) , ----- '--ir":~~~-"",~,~ ,.,..,...",/'..., " ,.',.,-""T ~ ,J.1~'-' ';!\r)[,:7],'fJ:i'!t!"';)I';';:":¡i'F;~"",~t;}Yi," ,'.jl'" ~.~.. L/ \' . *~~1~~~~.~:\ð!J';t¡Ì'~:,~:,:&':1;':'\'!:', ..i".'.,.~t~ ~f~f~ .:, 6í:.4f,fJ,:,:"f.~."'.;"'.;i,'.I~..',:"v.,..-.:.~.i.,t'.A~~;": (:,:~,¡'i';;,',";,I.: ,,'. ~."~ .JIC ! t~ ".: fA ;1;. ".'.:,.".".',:,:¡'.f1.',", .,.j.,\i~I.'"iJ;,..." "', ,r.".>,.,. "'.. """"":','..'!~'s,[I.'! ~ë ~t:~'t;',/"",,,,, " "', :'1:)1". ~'-Q :~( 1'/.'\'0';""'(0.,1" , ',;' 0,.." :~:..,..\ 'tI:o7""~ ' ,'\I'.Wi:.',:"¡.,,~,~,, .':'~:'.'..' " ... '. :~I! ow e ~ ~ ~ '" ' 'S' f~lt:;'~~'" . :', .' '\ ':"', i~!i~~f"~~~a :- .".,J""'."'!:,,.'.'. ' ....~,~:~,..,t/:¡~..,~~",,:;; I ~,';:" C.' ", <,' I,~ ~'f"':'~:C'Io~ ~ "¡r',""",""" '1'\'" :;",I'Q": . ('.:' " " , ., I;:: ~ ': : ", ~ . ,'~' " , I 'y (') ~ ..... ~ : I ',>'¡' ,,:"...,' " II ~t~~¡ r 'r ,Y Á', .. , :> ...' ,. " '~.--........_-_.~_._--, , .4 , ! .ŒAL INDEMNITY COMPANY l55 California Street . Francisco" California 94111 . ~ENERAL FORM STATUS INQUIRY .R, OBLIGEE OR ORIGINATING COMPANY DATIE CITY ENGINEER ADDIIUS MAR 2 1976 OUR BOND NO. City Hall YS 689-5337 REINSURED'S NO. Campbell, California CONTRACTOR RICHARD B. MILLEN, ETAL ADDIUSS P. O. Bvx 1046, Boulder Creek, California DESCRiPTION OF CONTRACT (1..&1,,11, 10(111;0.. uti own,,'s tOnlTlltl numb,,) 95006 SUBDIVISION BOND: For offsite Improvements 91 So. Central Avenue and 61 So. First Street, Campbell, California OWNER CITY OF CAMPBELL . 18,000.00 I BON: (S) 18,000.00 I EFFECTIVE DATE April 12, 1973 CONTRACT p,,'CE WITHOUT PREJUDICING YOUR RIGHT OR AFFECTING OUR LIABILITY UNDER OUR BOND(S) DESCRIBED ABOVE. WE WOULD APPRECIATE SUCH INFORMATION AS IS NOW AVAILABLE. VERY TRULY YOURS. please advise % completed /: þ----. AQ!ldDe~ c/ 1. IF CONTRACT COMPLETED. PLEASE STATE: APPROXIMATIE DATE OF COMPLETION OF WORK (OT final delivøry) APP"OXIMATIE ACCEPTANCE DATE FINAL CONTRACT PRICE $ 2. IF CONTRACT UNCOMPI.ETED, PLEASE STATE: A....ROXIMATE PE"CENTAGE OR DOLLAR AMOUNT OF CONTRACT COMPLETED OR DELIVERED 0 3, DO YOU KNOW OF ANY UNPAID BILLS FOR LABOR OR MATERIAL 0 YES 0 NO -4. REMARKS (If any) MAINTAIN ~OND. SIGNATURE DATE 8 MARCH IS¡. 7('0 TITLE e4CóINE€R'NG T€c.HN ICoIAN I PI. EASE RETURN ORIGINAl. OF THIS INQUIRY ADDRESS ATTENTION ,~ IVO30 R2 (9/72) IF \~ .iii ~- ,c~~ l (t.( 9) /7 ,-¡ It ~ 4-(;, £3 0 , i;J I 'it March 20, 1974 Mr. Richard B. Millen 1722 Junction Avenue San Jose, California RE: Central Avenue Sidewalk'/ for the Factory .L/ 1:? it í 1/ /; Dear Mr. Millen: I have reviewed your plans for construction of sidewalk on Central Avenue. The City will allow the sidewalk construc- tion as you have shown on the plans. This construction is not to City standards or at the proper ultimate location~ therefore, the bond for the street construction on Central Avenue must be kept in force. Before construction begins, we will reauire a Street Excava- tion Permit issued by the City for any work to be done within the public right of way. If I can be of further assistance, please contact me. Very truly yours, BILL M. HELMS, ASSOCIATE CIVIL ENGINEER By Ronald L. Cheek, I I;,;: "iI-Assistant Civil Engineer TO " " -r'- <;.¡ "cf . i:'. RLC:ls --, ------~-, - ..- "'-, ---- WGW ----- -~--"'>---,'---"_,,_- " :_~-:2=:: i :~tt==~- --------..------ --- - -. : ------..-..------------,..... I I "'---------------1 ----....----.--- I I ! --- r - j¡I& ... / \..) ~. 1 RESOLUTION NO. 3623 BEING A RESOLUTION or THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A USE PERMIT TO MODIFY THE GROSS SQUARE rOOTAGE OF COMMERCIAL USE AS ORIGINALLY APPROVED FOR THE .IA£TO~Y ~om~~.f,-ç_IbJ,. COMPLEX FOR A PORTION OF THE INTERIM ZONE AS ~EiliBLISHED BY ORDINAnCE NO. 916 ON THE 24TH OF SEPTEI'lBER,1973. (Appl ica t ion of Ric harcL,,~.~.~::!.~P to, The City Council of the City of Campbell does hereby ordain as follows: That a use permit to amend the total square footage of commercial use of The Factory Commercial Complex on that portion of an Interim Zone known as 93 South Central Avenue as per the application of Richard Millen.is hereby approved. Said approval granted subject to the-following conditions: FIRE DEPARTIlENT: 1. Trash enclosures should be of the nunber and size to accommodate all. trash production. 2. Provide "2ABC" fire extinguishers as per Fire Department requirement8~ BUILDING DEPARTMENT: ---- 1. Applicant to meet all Building Department requirements. PASSED AND ADOPTED this :ULth day of December, 1973, by the following roll call vote: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Doetsch, Hammer, Paul, Podgorsek, Chamberlin None None APPROVED: 1.12 vor Dean R. Charnoerlin ATTEST: -'---City Clerk Dorothy Trevethan ..-, , . , : RESOLUTION NO. 3512 BEII~G A RESOLUrrON OF THE CITY COUNCIL OF TIlE CITY OF CAl'E:JBELL, COUN'rY OF SANTA CLARA, srrÞ,TE or CALI FORl\i lJ\, ACCEPT ING THE AGREE- MENT OF RICHARD B. MILLEN, ET AL, FOR DEVE1,OP¡'IEI';T OF R£l",,1, PEOPERrry LOCATED A'r 61 SOUTH FIRST STFEET AND 91 SOu"'TH CENTRAL AVENUE AIm AUTHOrUZING EXECUTION OF AGREE- I'1EN1' . WHEREI\S, said Richard B. r-1illen, et al, have submitted an agreement to this City Council for the development of their real property described upon those certain Grant Deeds reco~ded January 30, 1973, and filed in Book 0214 of Official Records at Pages 111 through 117 in the office of the County Recorder of said County in accordance with pres- cribed conditions; and, WHEREAS, in accordance with said prescribed conditions and as specified and recited in the agreement and concurrently herewith said Richard B. j\1.illen, et al, have submitted Grant Deedsof certain po~tions of their rea 1 prope:t'ty for public street purposes and related public uses (including public ut.ility easements, pu~lic service easements, public pedestrian easements, storm sewer easements); and, NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by this City Council .that said agreernen'c is hereby accepted and that the Mayo:c be and he is hereby authorized and directed to execute said agreement on behalf of the City of Campbell; and, BE IT FUETHER RESOLVED by this City Council that the said Grant Dee~submitted in accordance with said prescribed conditions be and they are hereby accepted for the purposes for which they a:;~e offered. PÞ.SSED AND ADOPTED this 8th__day of by the following vote: May ,-' 19_.21__, NOES: Councilmen: Doetsch, Hammer, Paul, Podgorsek, Chamberlin None AYES: Councilmen: ABSENT: Councilmen None APPROVED: APPROVED j\S TO F'ORi/i: Dean R. Chamberlin ---.---.--.-' ..-.-- ..._---- -- Mayor --. -..---, -- -.-..-- ----. -,----- -- .----- J. Robert Dempst.or, City l\ttorney ATTES'I' : ,_DOr-O-tb,y-,Trcvcthan'------""--- -:;--_._;-'- r: .1.ty clerK Bond No. YS 689-5337 Premium $180.00 ro:.10W ALL MEN BY THESE PRESENTS: RICHARD B. MILLEN, DENYCE K. MILLEN, Thai: tŒ) (WE) MARTHA B. MACLAUGHLIN AND WILLIAM H. MACLAUÇHLIN as Principal, and INDUSTRIAL INDEMNITY COMPANY ë1 corporation, organized under the laws of the State of California as Surety, are held and firmly bound unto the City of Campbell, State of California, (hereinafter called "CITY"), in the sum of:.. --. -- - ~ ~I"GHrEENTHðUSANI? ~.NR..FOLtOOTHS - -'. ,- ---------------------------( $~_oo_..o9 --;} lawful money of the UNITED STATES OF AMERICA, for the payment of which well and truly made, we hereby bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that, WHEREAS, the above-named Principal proposeD to convert certain structures located at 91 South Central Avenue and 61 South First Street on property described in deed(~4441130 and 4441131 as said deed(s) ~ (are) filed for record in the office of the Recorder, County of Santa Clara, State of California in Book 0214 of Official Records at paqes 111 throuqh 117 ~, WHEREAS, in order for Principal to acauire bui1dinq permits from_, said City of Campbell , Principal is obligated to construct and/or install or have constructed and/or installed certain street improvements throughout the Central Avenue and ~irst Street frontage. of said site, in accordance with the standards of said City, said street improvements including: concrete sidewalks and driveway approaches ( 7,334 sq. ft.), asphalt street paving <-11,448 sq.. ft.;' concrete curb and gutter ( 772 lin. ft.), standard electroliers ( 5 ea.): the total cost of said street improvements having been estimated by said City to be approximately: EIGBT~EN: THOUSAND -AND_NO/100THS. - - - - - ..'.-:-----------------------------------------( $ ):~",9QO._O9 -r -=~ WHEREAS, the parties h.;;reto have agreed that said improvements shall be installed at suCh time as the City Council of said CrTY calls for them, provided, however, that they shall be constructed accordinq to the plans and the aqreement therefor. NOW, THEREFORE, if said Principal shall well and truly do and perform its obligations as set forth above, on its part to be done and performed at the thne and in the manner specified therein, then this obligation shall be null and void: otherwise this bond shall remain in full force and effect. 1 of 2 SUB,j'ECT '1'0 'N-ill FOLLOWING CONùI'.1'!OnS: 1. That participation in an~{ Local Improvemen.t D:ts.t~':Lct ",blch rnay be formGd for the express purpose of cons'l:ruc- .(.:ing public improvements in i:he arm), concerned; :'Lnclllding st.arm and sanitary sewers, street and sidewalk improvements, utility instal1ati.0!1s, and/or any installation which may be prescribed by such proceedings 'Vlithin the public right. of way shall satisfy the obligations of this bond. 2. That the term of this bond is for a period of one (l) year, commencing on March 30 , 19_Zl., but shall be continued year 1:0 year therea.ftE.'r at the option of the Surety. 3. Th&t the Surety hereunder may relieve itself from li~bility under this bond by giving ~Œitten notice of such desire by registered rn~il to the Cit.y thirty (30) days prior to the dat.e of e¿':pixation of the bond. 4. Thùt in the event said Principal is no.c granJced the necessary building permits wi.thin a period of one (1) year from the date hereof, this bond shall be mÜl and void on its face. WI'I'NESS OUR HANDS this 12th day of April ~- , 19 73 . - PRINCIPAL ß~4'/.4 }/-u/4A-/ RICHARD B. MILLEN STATE OF CALIFORNIA SS If m.. M County of Santa Clara. >,¿r.l../ . / DE;icE K MILLEN on...~l'~.i.~.~?'..~~?:...beforeme, ....~~:r9~.Q~~P9J..... . Notary Public, State of California, duly commissioned and sworn, ~..;:.I;S. I7r) ~~~~ personally appeared. . . . ..JQAA J>. \ . ¡"P.~. . . .known to me to be the MARTHA B. ~GHLIN ~~~:n'::'~kn~::':n c;;:;:r: '::;;s:::::::te':,h:::~ ..~ 1/ I~j "- Ú , instrument on behalf of the Corporation herein named and acknowl- WILLI . 7~CLAUGHLIN edged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed ~YIAL MNI CO :rs O~i;::r~c:::l f~~st;.... ~:n:r1~,:';~~~. .J¡¡t, ~. the day and year in . .{(eLL.A .. .',fi;t:é;~L~........ ' lice) orney - . . . . . . . . . . . .~lIilillllllll"IIIIIIIIIIIIIIIIIIHlUm IllIùilUlIlI!!JiíiIúitûlij §Q""" GANAPOL = æ : . . TARV PUlllC æ ~~-,,; . . Sanfa Clara County, Californl. i . æ . ,,'~. My commission expires Mar. 8.1976 i ~ 1IIIIIIIIIIIlUIWllllllllUIIIIIIIUHlllUUUlllUIIIIHllIIIU IIIIIIUIIUIIIIIII~ GRANT DEED WE, RICHARD B. MILLEN and DENYCE K. MILLEN, his wife, as tenants in common, as to an llndivided one-half interest~ and to WILLIAM H. MACLAUGHLIN and MARTHA B. MACLAUGHLIN, his wife as tenants in common as to an undivided one-half interest, do hereby grant unto the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, for public street purposes and to become a portion of First Street all that certain real property situate within said City and more particularly described as follows: PARCEL ONE: BEGINNING at the southwesterly corner of Parcell described in that certain Corporation Grant Deed filed Book 0214 of Official Records at Pages 111 through 115 office of the County R~corder, County of Santa, Clara, of California~ as in in the State THENCE, along the northwesterly line of said Parcell North 31° 44' 30" East 240.60 feet to the southerly corner of Parcel 2 as said Parcel 2 is described in said Deed¡ THENCE, along the southerly prolongation of the westerly line of said Parcel 2 South 0° 09' 35" East 14.19 feet to the intersection with a line that is parallel with and 7.50 feet southeasterly, measured at right angles, from said northwesterly line of Parcel l¡ THENCE, along said parallel line South 31° 44' 30" West 228.57 feet to the intersection with the southwesterly line of said Parcell; THENCE, along said southwesterly line of Parcell North 58° 06' 21" West 7.50 feet to the POINT OF BEGINNING: CONTAINING 0.040 acres, more or less, and being a portion of said Parcell. PARCEL TWO: BEGINNING at a point in the westerly line of Central Avenue, 25 foot half-street, also being the northeasterly corner of Parcel One as said Parcel One is described in that certain Corporation Grant Deed filed in Book 0214 of Official Records at Pages 116 and 117 in the office of the County Recorder, County of Santa Clara, State of California; 1 of 2 THENCE, along said westerly line of Central Avenue, also being the easterly line of said Parcel One, South 0° 23' 10" East 290.93 feet to the southeasterly corner of said Parcel One being a point in the northeasterly line of Parcel 3 as said Parcel 3 is shown upon that certain Corporation Grant Deed filed in Book 0214 of Official Records at Pages 111 through 116 in said office of said County Recorder~ THENCE, along the southwesterly line of said Central Avenue, also being said northeasterly line of Parcel 3, South 58° 27' 19" East 123.18 feet to the easterly corner of said Parcel 3~ THENCE, along the southeasterly line of said Parcel 3 South . 31° 34' 10" West 9.88 feet to the point of intersection with a line that is parallel with and 9.88 feet southwesterly measured at right angles from said northeasterly line of Parcel 3, said parallel line along being parallel with-and 30.00 feet southwesterly, measured at right angles, from the center line of said Central Avenue~ THENCE, along said parallel line North 58° 27' 19" West 122.91 feet to the point of intersection with a line that is parallel with and 5.00 feet westerly, measured at right angles, from said easterly line of Parcel One, said parallel-line also being parallel with and 30.00 feet westerly, 'measured at right angleq, from said center line of Central Avenu~~ THENCE, along lastmentioned parallel line North 0° 23' 10" West 299.49 feet to the point of intersection with the northe~ly line of said Parcel One; . THENCE, along said northerly line of Parcel One North 89° 59' East 5.00 feet to the POINT OF BEGINNING. CONTAINING 0.062 acres, more or less, and being portions of said Parcel One and said Parcel 3~ WHEREOF, we have placed our names thiS~ay , 19...Jl. "//.1 "? /;~~ ¿~~ /l )~¿Ç< Richard B. Millen- IN WITNESS of~R Notary Certificate " ~/ /) i "., . "..:-t'J::(/::""-:' /"1,'--((.((/"- Denyce'K. Millen IJf~.I'a~~~¿ & ~~~~~~ýh 2 of 2 SCALE: 111=50' UJ II) ~ (J) 0 /PARCE L 2 / BK.O214 O.R. pgs Itl-IIÇ / ---------- R , NeON A V E N U E PARCEL I Bk.O2140.R. Pgs. 111-115 PARCEL ONE 1i BE GRANTED TO TH E ITY F AMPBEL Dr.By M. B. S. Mar ,1973 CltBy \......s:::..--\J. Mar ,1973 ~ tLand to I»e ,ro"te' to Clt, Contains .040 Acre.%. Prepared b, the Office of the CIt, En,1 neer. Campbell. Callfor".o ~<D 0- v-;- N= 0 . .en .:J/&.C' CD~ . ,,~ ,,0 0° i.'? ,,~ ~ ~,O O°i. c., . ~<v «.~ ~-..1 9.88' "\ ~ ~ \..- ~<v~ m C\J N .. ~ LLJ I" = 50' (1) - 2:! /"- 1--- N N 0 0 CD CD If) If) ~ V> 'I' i 9.881 -I 1- 1-301-1 I ILO"d to"o .,..t." to Clt, ContoIM .062 Acres ~ P,.,o,.d IÞJ tM Offlc. of tla. Clt, E"II"..,. COM",.". Callf.,..o ,. ~ ,\ \1 ~: I. I ~ .. ,.. . , ~ .... ~:, ,.,~ 1 Æ.' '.;"~" tf:':",.. ~,./~-- ~.!.\ ~ : :.."" .,':, . ",/'--¿';,'-:'~,r '. ,..'~ p"""" '-'-'", ~...,v~ -::;':--'="",-~ ...... ""C "" ; '-, ;,,' " .:-- -":\~':""""';; ///~ --~: ,:¡'7 ~;\.....::.-=-- _.> -.... ~ PRELIMINARY riEPORT ImJed for Sole Use of Your No Our OrciN No, SCL #?864o1-A Form of Policy Covp.rdge Retluest~d: -.,.. ------' --' First American Tit/I>. Guaranty Compcn~1 9c;I12 ~\AIN OfFICE '>!.. 6H "'rln hr,t ~ San ¡.". c.'o' Pnon~ ?HtòhJSJ . 9~O86 SUNNYVALE n ,jr,JSoolhralft!$t. SunnYVJ'! L,'" Phon! 24S 9061 95117 VAl.! f( FAIR r~. J IIJ ùo'c.,n Sf ~Jn 10'. L,I,! P~one 2,10 : 1\'0 9ŒII PALO AL TO 'J ~50 I'J.",~O" A,ft p,'o AI:o ~al" rhone J2~ srJ50 95070 !;^RATOCA L; 1:I~ll B ~ B",n WI¥ SlIlIn!J L.I,I Phon. ou/ O~67 95037 ~OU fH COUr-; TV ~ 174'~ 'ioo,rn Mrn"'.¥ SI 1,1?', In h II, CO Ii' Pnon~ 1I'I41dl 95050 SAtHA CLARA C] J(¡ '" Scott U Ivd ~,lnlJ CillO C,llf ,~hono Z4~.215U ? / 7 -""> 'r/., .:¡r - ~) (, ..{.-? . CoHo.tell , Banker ~, Ccf'1!"anv 1737 ~L First Street San Jose, Ca1iforniñ Attention: Rob Dòvis Subjc,,! .10 a minimum (n;II'~~ l'~qllir~dhyS':"I"n 1:'!J\l();",... In,uran.:c (ùd<:, CL TP, STMIOARD COlfEP.^GE P')L!CY FOR11 In respoosl'. to the above referenced apnlication for a policy of titl!! insurance, this Company hereb', reports thaI It IS prerarl!d to issue, or cause to be Issued, as of the (Jate hereof, a Policy of Title Insur¡mce H1 Hit' fNm 51'1!(,f,ed above, de~crlbil1g the land and Ihe estate or Interest therein hereinafter set forth, ¡murine¡ agalnsllc'ss W'11Ch rI1dV I,~ sustained by r!!ason of any defect, lien or el1cumb,ancf>. not shown or reft:rred to as an ExcepllOn below or '")1 ," ctu!il'd Irom coyerage plJrSUilnllo Ihe printed Schedules, Conditions and StipulatIOns of said pOllc'¡ form This r.:-port {and any supplements or amendmeflts th...rcw} is issued solei.,. for the purpose of factllta!mg r!w 'SS.JJnco' of a policy of title insurance .'Inri no li¡¡hillty is as>umcd herelJY, If It IS desired that liabilIty be assumc:d PliOI' '0 . '... Issuance 01 iJ policy of title Insurance. a Binder of Commitment shoul( be requt'.Slcd. O"'l~~: 22~~' 730 , m O{)~""L!PDf'Y 1'-"'-F-r';~ir~Ä , ., ~'~,,' . ~ J TI 't' d said estate or If"" , ne (jaw tlt:leo! is vcst"d In' SVNSWEET DRYERS, a corporation as to Parcels 1 ~ 2, a~d <;L'rl<;~'IEET r,~0\-IER5, ! '¡C.. a corDorati on, formerl v Ca 1 ~ -Porn i a Prul1E' and Aor;cot r,ro"/ers Association, a co roo rat inn' as to D(\rce1s 3.4 & :. Tl,c esl¡¡t-.! or interest in the land hereinafter described or referred to covered by this Report IS. A Fee AI tht: cJdtC hereof exceptions to covera(J" in adc1ltlon to tht! printed exceptions and exclusions cont,11,wd on Silo" poliCY lorm woulrjue as follolllls:, , . r,enera1 and S~ecia' County taxes for the fiscal year 1972-73, a l~~~ not vet due or oayable. 2. An Ease~ent frir storm sewer Durooses, as conveyed to the City of Carl'Jbell, a municina1 c()r~or?ti()n, bv instrument recorded Decl:r:lber t, 1959 in Book ~626, naQe 51f of Official Recorrls, reference beinq herp- by made to the record'th~reof for full o~rticul~rs. . (Affects Southwesterly ,~ çeet of Parcell) NOTE: General and Special Taxes for the fiscal year 1~71-72, taxes have been Daid. P.~P.CEl 1 ~ 2: Amoun t : Assessed Valuations: land: Imoroverr1ents: Personal Property: PARCEL 3: Nnount: Assessed Valuations: land: ImDt'ovements: Personal Property: Exp.motion: PARCEL 4 ~A 5: ,"mount: Assessed Valuations: Land: ImDrovements: Personal Property: , $6,890.04 . (includes $1,021.58 oersonal orooerty) A.P. No. 413-7-12 Code Area 10-041 ..-- $10,940.00 $34,000.00 $ 8,480.00 $19,169.46 (1 ncl udes Dersona.l property taxes estimated to be $14,593.64) A.P. 413-7-30, Code Area 10-041 ----- ~14,nol').OO $21,2F30.00 $159,150.00 $42,550.!!O $R9.48 A.P. No. 413-7.15 Code Area lO~O41 r -- $690.1J0 None None - . " LE~AL DESC~IPTION: All that certain real orooerty situate in the Citv of Camobell, County of Santa Clara, State of California, describerl as fo~lows: PARCEL 1: BE~rNNIN~ at an iro~ nine set in th~ Sout~easterlv line of First the mo~t w~sterlv corner of that certain 3.R2 acre tract of land in the Deed to California Prune ~ Anricot ~rowers Association, a recorded in Bonk q~7, none 196 of Official Records: and thence: alonq the Southe2sterlv line of First Street, beina also the North~esterlv line of said 3.82 acre tract,' North 31 dea. 41 I East. 240.56 . feet to an iron oioe: 3/- '-1'-1-10 ' . thence, continuin~ alonn the Northwesterly line of said 3.82 acre tract North ~)'/dJ~qb 11' East 3J2.53 feet to an iron Dire set at the most Northerly corner-thereof: and thence; alo~o the ~ortheasterly line of said 3.82 acre tract, South 58 deg. 29' East 6.01) feet: 5~' 7..',,:"0 thence: carallel to said ~orthwesterly line and 6.0~ feet therefrom, South 31" rJe,Ç!. 11'. I-lest 112.S~ 'feet ð.nd South 31. der¡. 41 I "lest 5.P.3 feet to a . ooint dïs'táh'i:oUorth ;1 de". Gt:,o"Fast ?'34.70afeér-and South 5~ de~. .53' East 6.00 feet from the ooi'rÍt of beainnina of the "lithin describedStráêt~~C' thence: South 58 deo. 53' East 294.'),4 feet to an iron Dioe set in the' North~e5ter1y line of the Rioht of Way of th~ Southern Pacific Railroad Companv: thence; alona said ~Jorth'.¡esterly line, South ~l deo. 31' Hest 233.04 feet 'to an iron ~iD~ set at th~ most Southerly corner of the above mentioned 3.82 acre tract: thence: alone the South\'/esterìy line of said Tract, North 58 deo. 14' '\ ~Ies t )JO. 78 .f~et to the 0 hce of beqinni no, '3nrl be; no a "art; on of the afor~mentiori~d 3.82 acre tract Deeded to California Prune & Aoricot (',t"OI'/ers Associ at; on, in the ~~orth\'Jest 1.¡ of Sect 1 on 35, To"tnshi 0 7 South Ranae 1 \'!est, tI. D. B. e. ~1. ' Street at described corlJo ra t i on PARCEL 2: BE~rNNIN~ at an iron oi~e set in the Eðsterly line of First Street, at the most Southerly corner of that certain tract of land conveyed to William Hem'y O'Neil, by D~ed recorded February 14, 1916 in Bor¡k 439, naae 248 of Oecrls, ' ,thence, alonq the Easterly line of First Street, North 0 dee. 13' Hest 17.07 feet: . . thence, at rinht ~n~les ~orth 89 deo. 47' East In.42 feet to a~ iron pine set in the Easterly line of said tract of land deeded to William Henry o'r~eil: .' . thence, alona said Easterly line, South 31 deo, 11' \"est 2!1.nn feet to t!1e place of beoinnino, an~ beinq ß Dorti'~n of the tract of land Deeded to William Henry ()' ~¡ei1 and bel nn a norti on of tM North ~ of the North\'/es t ~i of Section 35, in To"tnshin 7 South, f1~nfle 1 I"est. ~. D. B. t! r~. .. PARCEL 3: BEGI~NIN~ ai a "oint in the Northeasterly line of that certain 3.82 acre tract of land deeded to California Prune & Aoricot Growers Association. a corooration, by need recorded in Conk OQ7, Dane 196 of rfficial Records, distant thereon S. 58 dea. 29' E., 6.0n feet from an iron oioe set at the most Northerlv corner of s?id 3.8~ acre tract; thence. narallel to the ~orthwester1v line of said tract and 6.00 feet therefrom, S. 31 ,9,e?ÿ- ),1' It/. 312.53- feet and S. 3tA~9"/o4i W., 5.83 feet toarointdistant ¡'l3l deq_, 41' E.. 2j4.70 feet, and S. 58 d~a. 53' E.. 6.0r:J feet from an;/ìron-;{'ine set at the móst \~esterly corner of said 3.82 acre tract: . thence, S. 58 dea. 53' E., 294.04 feet to an iron oioe set in the Northv:esterly line of the riGht of "Jay of the Southern Pacific Railroad Company; thence, alonG said Northwesterly line N. 31 deg. 31' E., 316.50 feet to an iron nioe s¿t at the most Easterly corner of said 3.82 acre tract: thence. alonq the :!ortheasterly line of said tract, N. 58 dea. 29( ~I., 295.65 feet to the Doint of beGinninG, and beinq a portion of the aforementioned 3.82 acre tract deeded to California Prune.& Arricot Growers Association. PARCEL 4: LOT 7, as shown on the Map of Camobell's Southwestern Addition to the Tow~ of CamQbe 11, recorded on þ,unus t 21, 1894 i n Book H, pace 85, of ~'ans, Records of Santa Clara County, California. -:::;"'~====:::C-==~d_-~"""- EXCEPTING THEREFROM that portion thereof described as follows: BE~Iwn~lr. at a Doint on the Southeôstern 1 ;ne of First Street J at the North- wester~ corner of Lot 7, as said First Street and said Lot 7 are shown UDon the MaD above referred to: thence, runninn a1onn said line of First Street, South 0 deq. 13' East 22.0 feet to a Do;nt: thence nrJrallel I'/ith the Nor'thern line of said Lot 7. north 89 deo. 56' East 162.95 feet to the Southeastern line of said Lot 7: . thence, alone said Southeasterr¡ line of said Lot 7, north 31 dea. 11' East 1.50 feet and North ~ deq. 131 West 20.70 feet to the Northeastern corner of sairl Lot 7: thence a1onq the Northern line of said tot 7, South 89 cleo. 56' West 163.70 feet to the point of beqinnin~. PÞ.PCEL 5: Portion of Lot R, as shown on the ~ao of Ca~obel1ls Southwestern Addition to the Town of Camnbe11, recorded August 28, 1894 in Book H, paqe 85 of :1aps. Records of Santa Clara County, California, describeri as follows: BEGHIiHNfJ at an iron lJioe set at the COP1P1on corner for Lots 7 and 8 in the Southeasterly line of "CanlObell's Southwestern Addition to the Town of Camnbell," as said Mirlition is shO\,¡n on a t1ao recorded in Book IIH", oaqe 85 of r1aos, ~ thence alonG the dividinn line between said Lots 7 and 8, S. 89 deq. 561 w., ~1.0n feet to an ir~n niDe~ thence S. 0 deCl. alii E. "33.02 feet to an iron r)ioe set in the South- easterly line of said Lot 8, . . thehce alonq the Southeasterly line of said lot 8, N. 31 deg. 11 E. 38.62 feet to the Dlace of beainninq. .. ,'- . , 1 ;&.' ....::::~ J~~~ ¡. '~-':~'l\ If'."."'- " -' ."'- ~~.,\:-,',"";' :'~',~ ~'~'~-:-5-::?1 "'~ -~,,:...:"-~ ,,"," ,\...,,~¿,?:f;>.<' "ÍÍ// -"'\.'V,/..~, '\'". /j,- --....~ o;~""<';::-- B""" PRELIMINARY REPORT Issued for Sole U~, of ~ ", ~t. i~¡ii,en,CUj¡, 1 U,,¿ \...J u,ú/ an,i..Y LlO1nj)uHlj 95112 94301 94035 95117 MAIN OFFICE ~~ PALO ALTO C; SUNNYVALE 0 VALLEY fAIR [~ f>IS Nort~ r'ßI 51. 551) Ha""I'o" Ave . JfiJ South holle 51. )'l~Dolc,,~St Sa. Jo,", Calof raiD Alto C.llf. . Su..yvo'o, Cal.f. Sa. 'o,e. Calli Phon. 28~,6)5, P~o.. 3265051\ p~o". 245.9661 Phone 246.0400 95070 95037 95050 I SARATOGA :: SOUTH COUNTY c: SANTA CLARA 0 ..-, /-73 ¿ ':.C:, ..-- 14HO Bo.: Bhin w., 174~O SO"fh Monte'e, St. 3032 Scott Blvd. - .> Sa,.to,. CalIf. Mor". HoI'. CalIf. Sa.'a CIlia. Calif Ph~ne 061,0561 Phon.7I'J.41dl Phone 249,2150 . Colc.\o/eTI, Banker & Company e. 1737 No. First Street . San Jose, California . Attn: Bob Davis Subj..:çl to a minimum ch:\r~e r..:quir.:d 1», S':l:tion 12.W4 l;f Ihc: In~urunç..: Cod..:. , ...;, .' Your No. Our Order No. #28644- B Form of Policy Coverage Requested: C. L. T .A. Standard Coverage Pol i cy Fonn 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 of Title Insurance in the form specified abovc, descflbing the land and the estate or interest therein hereinafter set forth, insuring aqainst loss wt\!ch may be sustained by reason Of any defect, lien or encumbrance not shown or referred to as an Exception below or not ex. . eluded from coverage pursuant to the printed ScheLlul¡¡s, Conditions and Stipulations of said policy form. This report (and any supplements or amendments thereto! 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 of Commitment should be requested, Dated as r June 3O,. l~W . at 7:30 a.m, -' \1, 'lL Jí (t1~ . J I }\URPRY , LC OfFICER SUNSvJEET DRY ERS. a corporation The estate or interest in the land hereinafter described or referred to covered by this Report is: A Fee . At the date hereof exceptions to coverage in addition to the pr inted exceptions and exclusions contained in said policy form would lie as follows: 1.. Genet'al and Special County taxes for the fiscal year 1972-73, a lien not yet due or payable. - An Easement of undetermined width for construction, maintenance. repair, operation and use of Ditch System and Dams as conveyed to Santa Clara Valley Hater Conservation Distr; ct by instrument recorded January 16. 1936 in Book 757, page 183 of Official Records. The exact location thereof is not disclosed therein. , . 2. (-'\ . , 3.~ An easement for the installation of maintenance of a water pipe line . IJ and for i nci denta 1 purooses as conveyed to the Campbell Hater Company, ~~ a California corpora~on by Deed recorded March.23, 1936 in Book 764, page 359 of Official Records reference being hereby made to the record thereof for further particulars. . Said pipe line to extend across Lot 7 of the Campbell-Southwestern Addi ti on. as shO\m on a !~ap recorded in Book 4.¡ page 85 of ~'aps, and Lot 6 of the Campbell Tract, as sho...m on a 1'1ap recorded in Book "C" page 49 of naps, from South First Street.to South Central Avenue. and to be laid along the Northerly and Northeasterly half of the roadway now existing across said lots between said streets. LEGAL DESCRIPTION: All that certain real property situate in the City of Campbell, County of Santa Clara, State of California"described as follows: . PARCEL ONE: Lots ~ ~;',5' an~~s 'shown on the ~'ap on the Campbe" Tract, Recorded ,,1anuar'y 3, 1888 in Book "C", page 49 of Maps, Records of Santa C1ara County, California. PARCEL THO: Lot/aS shm.,rn on the Map of Campbell' s Sou'tHwes tern Tm.¡n of Campbell, Recorded August 28, 1894 in Book H, Records of Santa Clara County, California. PARCEL THREE: Addition to the paqe 85 of Maps, '. Portion of Lot 7, as shown on the MaD of Camobel' 's Southwestern Addition to the Tmm of Campbe 11, Recorded Augus t 28. 1894; n Book H. page 85 of t'1aps, Records of Santa Clûra County, California. and being more particularly described as follows: BECÙNNn:G. at a Doint on the Southeasterly line of First Street, at the Northwestern co~ner of Lot 7. as said First Street and said Lot 7 are. ihown upon the MaD above referred to; . thence along' said line of First Street, South 0 deg. 13' East 22.0 feet to a point; thence parallel \'l1th the Northern line of said lot 7, North 89 deg. 56' East 162.95 feet. the Southeastern line of said Lot 7; thence alonq s d Southeastern line of said Lot 7, North 31 deg. 11' East 1.50 feet an North 0 deg. 13' ~Jest 20.70 feet to the Northeastern corner of sa; d t 7; I thence. ona the Northern line of said Lot 7, South 89 deg. 56 West 163.70 féet to the point of beginning. . PARCEL FOUR: Lot 4, as shown on the r~ao of Camobellls Southw,estern Addition to ' the To\'m of Campbe 11. Recorded August 28. '1894 ; n Book H. page 85 of Maps, records of Santa Clara çounty, California ' EXCEPTI NG THEREFR()~1 a 11 that porti on thereof conveyed to 11ornl ng L i gh t Lodge #42, 1. O. o. F.. a Fraternal Association. by Deed recorded April 29. 1963 in Book 6021, paqe 222 of Öfftcial Records PARCEL FIVE: Portion of Lot 5, as shown on the Map of Campbell's Southwestern Addition to the Town of Campbell, Recorded August 28.1894 in Book H. page 85 of Maps, Records of Santa Clara County. California, and being more particularly described as follows: BEGINNING at an iron pipe in the Northe~y line of Lot 5 distant thereon South 89 deg. 43' East 110.97 feet .from an iron bar at the Northwesterly corner of Lot 5 in the Easterly line of First street, as said lot and street are shown upon the nap herein above referred to. 0 00 thence leaving said line of Lot 5 and parallel with the Easterly . line of said Lot 5, South 0 deg. 181 50" East 50.00 feet to an iron pipe in the Southerly line of said lot 5, thence along said Southerly line of Lot 5, South 89 deq. 43' East 51.67 feet to an iron pipe at the Southeasterly corner of said Lot 5. thence along the Easterly line of said Lot 5. North 0 deq. 181 50" West 50.00 feet to an iron bar at ~he Northeasterly corner of said Lot 5. thence alonq the Northerly line of said Lot 5, North 89 deg. 43' West 51.67 feet to the point of beginning. NOTE: General and Special taxes for the fiscal year 1971-72 have been paid in full. . Amount $2.761.28, 'A.P. 413-7-044, Code Area 10-041 " - , 'Assessed Valuation: '. Land: $8,440.00 Improvements: $12.850.00 Personal Property: - r~ :,-, ~ '" (i * \1 '., t.... ,IrJ ~11 il!~ c :¿ ,.... t', ... ~ ~ ~ i: ;t ~. t. v .;: t( "" .4 ... 01( 1-- '" < if. , <-: <1 ,,' :.; :~ ... >- . :> ::> <. u t, 0 .., ~ .. Ö I " e un. , -,-, . '.'" , ~.,._.. ....,- """" ..... ..... ,. ...-.......-........--...-,....".- ,,-._. ' '/~\/" 0 1 -ð ~ '- ð::\ -~ " ,,1..1 ~ .1- M .. 0: ,. L . , . . ~, ~ i-I' ~ "" t; 'It ,~~ Ì\..' ,~ ~" \~ , ' ~ '\' , \ " " , . " ' ' J.':! .. . ~ 0 ;: ,,~ õ " {~ ~' ,~ , ", '... CO , : :J ' I :;...:~.I "..~&rrl:,j , '" ..:j\1: '" ~-'iY;¡-i!'~ : '.' 'lft~:~ T ';~;-;J~~ : . i" Ii (j . ~ 111 '" I .-- ,,' \~\~:-':1: ';J .- ~\ --:Ij '¡ -t t;,; Lt\ ~ \.1 ... . w ' í"'~>'"'~~ (!]" ~\ .~ --}-ti~~ V~¡~~ ~ ~ en ~t-4"""l),~' U \f) ~ !! ~ . ~~.' ~ j ';1': r >1:. ~ -=-t'l':~;ì<~I': , l;r.II~,:'~,:':,J, 'r~""'I' ~I' . ~..... , ...' . ,... (t"'" ~'!.!.!~,~. .'î '...!, " !i..',.. r '," ~':11, .--=.L """ ..;: -" ;;,- i'; ¡: "'i' .. """ 'I . " , .. . , ' = ~ . ' ',:\'~'. \:~~;:7J;~~f~r , ';, ".', , ;ú~r"; .', , ' 'ôl1t!~ . . HiH I ! \' ' . ," ~~Hl ~} " ' t 1 ! ~! ~ i! j í":" j 1 ~ ' ~.dH ' .," .. 1 J~~l; . rr~I... ~J,dl1 , ' ~I .uo '. ""1 ----r~-"- l ~ ' ~ ~ ~I ~l:- ~ I 1~ ~, ~--_.- "" .... ,L'. "\Ii -' ct; ~ l'}~ ~ :z. uJ V .. '! , ~ ,. J-.i~ I ".. ,I . "..1 n.. ..1J. Q os ..1 1_( 'il JlJ./;¡ /J ""- j/ + I ¡ I' CD ..... tA ..:' s:: " ..... ~ h1 ... , I I J ! I ~ ---" I L :Ls~t:f SI"138dl¡'~V:) " °- !:- + oJ °- " ,,~ t .;":i I 511 I I r;: ~t '[ ~ ~I 6f a -0 - -I õ :.:.-¡ i&-.:ör - ~I ~I ~ ~ t " Ii- . I " ", !{I E it ~ ('\ » 0& s' ~ ïI -0 ...J OJ , O"r m r r Õ£ ~b "" l E'I ~ ~:o. . ~ - t-:,\> ClJCO "'° Q; I' '" "->'" 'oJu.! .j9 4- .9¿}'< ó1 ~ ~~ ,,~...JP ~ .Cd !:J ..!' ~ *~ ~ ~ t (c!' '*" LÏ : 01 œ "'- rs of 'J¡ I ' f.L:JV'dJ. .,139d W\i:) I ì V~lN3J ~- 0.) (¡,z.LI j I ?'. o~ 0' '" ì §þ. .... .. fI" or . ')v 6sefO OJ,- O¿. ) , L .J V' ~" - IE .it '" I os ' ërl : 6Ë' ; I I :: I I ZT I' £T I L__-'.!..J- -- -i I (77;1 , , I II I __1_- vT ; ,Ot> « , OT 1 , I -.I- at! ~ ~ ~ m .:!~£ ... I ,.., ,.. .. ;), .:1/;) "'0' 5£ CD Nó-- S Iy..f /)0 S' §É C1.r r- '~Iœ 51 ;; i1 '" <> "" .J r 1" t CAMPBELL '0 .,. I I I- 30' W Wi n: l- (/) 0 0 1-0 (/)~ a:: - u.. / AVENUE It) N ~ b N '0 C') I r , . AREA OF PARCEL 'A' INCLUDED IN SOUTH LOOP STREET PLAN LINE. 16,311.24 S.F. .. EXHIBIT / " Parte I 'A' I A I .. 25' I W ::> z w "-> oc:{ 0 0 ""..J c:{ a:: I- z II~ I \ <" n {/ ---' , (~{.Jb , \,:, - /'~ - ':~ (::3 (11 ) PLANNING DEPARTMENT crT Y () reA 11 P B l~ L L 75 ~iO}nH CENTRAL ¡..vr¡¡UE CAMPBeLL, CALIFOR:1If. D ATE : ..Eeb..r.u.a.r)L_2-3_..-~ 7 3_- CONDITIONS ATTACHE;) TO "S" APPROVAL Of PLANS OF .lli.ch.a.r.iLllillj:}..1l..-- -----.----,-------------.- ' r 0 R C eNS T R U C T I ON 0 r Comrer.s.i on 0 f ~t,-£ox--tae---- TO bE LOCATED AT .ll SA CeIltra1 ¿¡ Factory Shopping Center. ..---------'---- -.-61 S. First Streeb CONDITIONS: approval subject to attached conditions. Section 21.42.090 of the Campbell Municipal Code reads as follows: Any approval granted under this section shall expire one year after the date upon which such approval was granted, unless an extension for such approval is obtained by making written application for same to the Planning Commission a~ least fifteen (15) days prior to the expiration date of such approval. No building permit shall be issued after the expiration date of any approval until a new approval has been obtained in the Manner prcvided for in ~his Chapter. GRANTED BY THE CITY OF CAMP3ELL PLANNING COMMISSION hT A REGULAR MEETING HELD ON THC --2..3___- day of FebruaTY-_____-_._-_._._-' 1973 . CITY OF CAMPBELL PLANNING COMMISSION BY: ------ ,...-.- -- -------- ------ ,- --> ARTHUR KEE, SECRETARY cc: Fire Dept. Engineering Dept.v CON n l'I I ())~ S (;) I', P P r~ 0 V fdJ - 11 S 11 73- ~j '¡TfêT1iïr-:èr-¡,¡iTfZ¡;---- . ---_.._------.~,._.._-- 1. floor area figures of tIle buildinßs shall be considered t 11 c sa IJ1 C ¿¡ s :1. n die ate don the p.1. a n~; H hie 11 ace 0 Tn pan if' d P D Ch'd in a 11 C ¿ N c . 8G9. 2. Landscape plan indicating type of plant material. loc~tion of hosc bibs 0):' sprinLlcl' system and type of fencing to be SUb)";1 :i. i. t <': d f 0 l' a p p 1::' 0 V a J 0 f the P.1 ann in g Dip e c tor at t i 1!\ e 0 f applic<.\tioll if)}:' building permit. 3. 1. an ð sea pi 11 g s h a.1.1 be 1;1 ¿¡ in t <l in e din a ç c or d an (; e wit h the appl'ovcd liJ.ndscapc pIon. I! . faithful performance bond in th~ amount of $5,000 to be posted to insure landscaping, fencing and striping of parking area wi~hin three (3) months of completion of construction, or Ð.)'plicé.dlt ¡cay file Kritten agx'eement to compl(:te land- scé-1pinr; ~ fenejne; and striping of pal'Jd.1!g ay'ea pr'jol' to final buiJdiu¿; c3epartracnt cleêlrance. ~. .) , Trash containerCs) of a size and quantity necessary to s (>r'v e t he cleve 1 opm en L shall be loca t ed in arE' a ( s) appr'ovecì. by the r ire Dc par t m e D t . U 11 1 c S sot her Hi. s e j; 0 t e cì, e 11 c.1 0 S U)' E' ( s ) shall COl1~;,ì.:::;l. of a conC1'cte flooP SUX'j'oUJHlcd by a f;oJ..tcì HaJl or fence dDd have self-closing doors of a size spccifiùrl 1y the rire Department. 6. Per' wi i::; '~o occupy sl¡all not be issued until all buildings hi3vC been fully sprinJdcl'ccl. T 11 e a p p 3. i can tis 1) (} t if j (-' d it S J)èl)~ t 0 f t1 JÌ f> a P? .1. i. cat i 011 t 11 R t lh~ i S 1-' C qui. red. t 0 J;¡ e (; t t h C f 0 11 c \.) in g e () n d :i t ions in a C cor. d il 11 C C \., ì t ì; Ordiu¿nces of the City of Campbell. 1\. A.11 p:¡:ck:í.TJ[': ¡,:;¡r] (Jl~ive.HdY ò)'eas .to be developed in coll-JpJia)}c.:' Hit)) C;cctjo"J' 21. ~O' of thc' Campbell l.junj ('i¡:,}} Code, illl p <3 r']~ .l J) í; :::, P d (' l :::; to he p l~ 0 v í (1 (; cl \-1 i t 11 a p p T' 0 )))' j a 'c C C G Tl C. r' e tee U j' b::; aDd ])U:ilì;C)' gu.,c.rd.s. B. U;¡:}cL'(',)'ound ucilit5es to he prov:i.dc~d é1,; rcqu5.J"'<;ò by Secti.o], 20.1(',0'/0 of the Cë11~Jì)'cl.l ¡'¡unj.cipôl Code, c. P.1 ¿¡ n::; s u J, [i) i t .~. e cJ tot h::- }'; u :i.1 ð:i. TJ g Dc p ¿: )' t 1!; c n t :";) r- p J. d r: c h c c)( ¡,¡-,.~.'IJ inrlicú': clci!l'Jy the loc;',:LC-')) of aJJ CO))¡;(;c1:3('n,' fo" U 1) d í:' J' ~~ ), c. U ! ¡ cJ uti 1 5 t 1 (~ s :L n c l',j din g \.: iJ t (; r ~ ~,: C \'1 C r') e 1 () c t r j (; , tC:;'C'pì10J!( a~:d tc1cvì:::lon cë,bJc:::- ci:.c, D. ~;iLl1 (¡¡'l)."¡~.c¿;";on i.e,)¡ :...1;~)::.itjc(~ 5.T: ¿)c'cc';"(\;¡;,_.c \,jt1] l"(J,'j,,',. " (>i: ~.);, ::.l:',;) 'I)'(;¡'):~:'CC ic.)' z:2.l ::jr;:,:.:. ];0 :,:i¡;n -;.'0 be ::r,si.".ì.~c.ì U)),;..I ::l'l,J.;t. ,'-,<.J.< .ì:, 'Fj"l'C\Cct d',)(ì f,(:l'¡Jì)l .1~'::,\.:cc} by 1'1(' .d 1.; .: 1,) :: ;.' .' ) \ t. :"":. L '. , CO!n)JTIO¡;~; or !.1JITOVt,I, - II~!I 73-~ }:i,-fé~l;i;;::;¿-I{Ij 1 e ))---..-'---...-.'.---------- P a ß e '1' H 0 }~ . Ordinance No. 7B2 of the Campbell Municipal Code stipulates that any contr~ct for the collection and di~posal of refuse, garbÐge, wet garbage and rubbish produced within the limits of thc City of Cc?,)Tipbcll shall bc wade Hith Green Valley Dispusal Company. This requirement applies to all single family dwellings, multiple apartment units. to all commercial business. industl'ial, manufactuJ'ing, and construction estab-- }i~~hrncnts. r. Provide one street hydrant and two on-site hydrants in areas to be approve¿; by tbe Fire Department. G. Provide ilutomatic sprin};lel' system throughout with \-let standpipes. H. Provide II/ABC II fire extingùishel"s for every 75 feet: of travel. 1. Pay storm drainage fee of $765.00 per acre. J . rile and process a narceJ- map covering the entire p~oject. The applicant is notified tJ¡at he shall comply with all applic&hle Codes o~ Ordinances of thH City of Campbell which pertain to this c]c;\"c;lopTlicnt and én-'c )]ot herEin SI,€cified. , ' , ~\C\ ,l ,', ' .. , " '," :, , , . '," ", , ',',' I " . '; l " , ,", " .. ,;, ' Å , :, , ',.. ,l ~~ .:: \ ", :'" 'r, . ' " : .,:', .. " ' i ": I' , \ ,'pj .. '/¿¿"~?-:;'~¿.L;;f.;y ~',///'/J..,;>I;lc/j , ,.' :.. /7',~ '~-,~. 1>'" -'<"~'ø~,~ " I' " . , c',)":, ,'" ~..- , , " .: ;, ,', i .. " t:; :: l c C' " :_, " , ' " J ' , , ' -,' , ,', ,; ';"':: C', " , ; ~ , , "., 'J' C' è .. ,', .. ' ",; " if t, , , \'-"<1)' e ,/*c:;j¿él-i¿~ (; . l ( t' , " , , ,', ,'~ ' (, \' ¿ z- ,I " ," " ,', :: ( \' , , , , ",' " ,,':, Ii' ! ( t, '~, ',' , : ¡'J" i . " "'f', ' (' \';, ':: , .. " I, ,', " ,', , " " ;, " c :í' ',;, <:' ,1' (, " , :; ¿) ;' ',' , ".' , ' ,1 , " c', ,. ; <,' " (, ,I,: ",i' C' :: ,.. '... ~' , , " " , '; '\ r .. .. " ,',: i " iJ 7l/¿¿¿' ¿¿'1~ i ") / ( I C,: _:.J. ¿'J:.-JJ~;~ , 6't:/ f/'-,'"' 1/) " ,.,\a?';1Z¿¿~v' (~~ /""~'/""';""" L,- -, /. ) J75 Ý7;/ ¿/" 13// .:¿ AGREEMENT [t:-. THIS AGREEMENT made and entered into this /7 day of r¿J , 19~, by and between RICHARD B. MILLEN, DENYCE K. M LEN, WILLIAM H. MACLAUGHLIN and MARTHA B. MACLAUGHLIN, herein- after referred to as "Owners", and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City". WITNESSETH: WHEREAS, Owners did heretofore apply to City for a planned development district in order to convert certain structures upon that certain real property described upon those certain Corporation Grant Deeds recorded January 30, 1973, and filed in Book 0214 of Official Records at pages III through 115, and in Book 0214 of Official Records at pages 116 and 117 in the office of the County Recorder of the County of Santa Clara, State of California, which real property is hereinafter referred to as "said real property"; and, WHEREAS, at its regular meeting held November 27, 1972, the City council of City did grant its approval, subject to certain conditions, Ordinance No. 869 of said City Council; and, NOW, THEREFORE, IT IS MUTUALLY AGREED TO by and between the parties hereto that Owners shall provide and install and/or construct at their own cost and expense upon First Street southerly from proposed street shown upon the map recorded March 29, 1972, and filed in Book 7 at page 68 of Plan Line Maps throughout the frontage of said real property public street improvements, including but not limited to the following: FIRST: Construct City of Campbell standard commercial side- walks, commercial driveway approaches, curb and gutter, all consisting of Portland Cementrconcrete. SECOND: Provide and install regulatory signs and sign posts as required by the City Engineer of City. THIRD: Grade said real property to drain into the streets, unless determined impractical by said City Engineer. FOURTH: Provide and install a water distribution system to serve said real property, including fire hydrants and appurtenances. FIFTH: Provide and install a sanitary sewerage system to serve said real property. SIXTH: Provide and plant street trees of a variety and size as required by s aid City Engineer. 1 of 5 SEVENTH: Provide and construct a storm water drainage system to serve said real property. EIGHTH: Provide and install a street lighting system consist- ing of, but not limited to, steel poles, concrete pole bases, upsweep bracket arms, luminaires with individual integral photo- electric cells, underground electrical conduits, with conductors and junction boxes. NINTH: Install an underground electrical energy and tele- phone system to serve said real property. (1) All of said improvements shall be constructed anq/or installed within twelve (12) months from the date that Owners are notified by said City Engineer to do so; provided, however, that in the computation of said twelve-month period, delays due to or caused by acts of God, viz., unusually inclement weather, major strikes or other delays beyond the control of OWners shall. be excluded. It is expressly understood and agreed to that if Owners shall fail to complete the work required by this agreement within the said period of twelve (12) months, the City after giving ten (10) days written notice thereof to Owners, may complete the work and recover the full cost and expense thereof from Owners. (2) It is further agreed to that Owners shall submit improve- ment plans prepared by a civil engineer licensed by the State of California for the construction and/or installation of said public improvements, which plans shall be submitted to City Engineer of City for his examination, review and approval when Owners are called upon to do so by said City Engineer. (3) It is further agreed to that all of said improvements shall be constructed in accordance with those plans approved by the City Engineer of City, and shall be made under the inspection and to the satisfaction of City Engineer. It is further agreed to that said construction shall be in accordance with the existing ordinances and resolutions of the City of Campbell,. and to all plans, specifications, standards, sizes, lines and grades approved by City Engineer, and all State and County statutes applicable thereto. (4) It is further agreed to that the construction work of the improvements embraced by this agreement shall be done in accordance with the standard specifications of the Department of Public Works, Division of Highways, State of Cálifornia, dated January, 1960, and in accordance with the specifications of the City of Campbell and Sanitation District No.4 of Santa Clara County, where indicated. WHEREVER the word "State" or words "Division of Highways" are mentioned in the State Specifications, it s~all be considered as referring to the City of Campbell. Also, wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer.. 2 of 5 In case of conflict between the State Specifications and the Specifications of the City of Campbell and Sanitation District No.4 of Santa Clara County, the Specifications of the City of Campbell and Sanitation District No.4 of Santa Clara County shall take precedence over and be used in lieu of such conflicting portions. (5) It is further agreed to that Owners shall deposit with City, upon execution of this agreement, for office examination of improvement plans, field inspection of construction of improve- ments and all necessary expenses incurred by City in connection with said real property the sum of SIX HUNDRED THIRTY DOLLARS ($630.00) . (6) It is further agreed to that Owners shall file with City, upon execution of this agreement, a bond in the amount of EIGHTEEN THOUSAND DOLLARS ($18,'000.00) to insure full and faithful perfor- mance of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distribution system. Said bond shall guarantee that Owners shall correct any defects in the aforementioned improvements which shall appear 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 paying the cost of all labor and materials involved. This bond shall remain in full force and effect until one (1) year after date of final acceptance of said improvements. (7) It is further agreed to that the storm drainage area - fee in connection with said real property and in conformance with the requirements established by Section 20.16.060 of the Campbell Municipal Code is in the amount of THREE -THOUSAND EIGHT HUNDRED SIXTY-THREE DOLLARS ($3,863.00). (8) It is further agreed to that City reserves the right to revise storm drain design shown on approved improvement plans provided Owners are given reasonable written notice of City's intention to make revisions. Reimbursement amount will be adjusted by difference between revised storm design and presently approved storm design, in accordance with City of Campbell Storm Fee Schedule. (9) It is further agreed to that Owners shall file with City, upon execution of this agreement, a letter from said Sanitation District No.4 of Santa Clara County stating that Owners have entered into an agreement with the said District No.4 to install sanitary sewers to serve said real property, and'stati~g that a bond to insure full and fai~hful performance of the construction of the sanitary sewers and to insure the general guarantee as stated below in paragraph (13) has been filed. (10) It is further agreed to that Owners shall, upon written notice thereof, immediately repair or replace without cost or obligation to the City of Campbell and to the entire satisfaction of said City, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said work within a period of one (1) year after date of final completion and acceptance. 3 of 5 (11) It is further agreed to that Owners shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground wiring circuit to all electroliers within said real property, when Owners are notified by either the City Engineer of Campbell or the Pacific Gas' and Electric Company that the said fees are due and payable. (12) It is further agreed to that Owners shall make such, deposits or file such bonds and enter into such agreement as required by Campbell Water Company when called upon to do so to insure the installation of a water distribution system including fire hydrants and appurtenances to serve said real property. (13) It is further agreed to that any easement and right-of- way within or without said real property necessary for the completion of the project shall be acquired by Owners at their own cost and expense. It is provided, however, that in the event eminent domain proceedings are required for the purpose of secur- ing said easement and right-oi-way, Owners 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 City. (14) It is further agreed to that Owners shall pay to City upon execution of the agreement, the sum of ONE HUNDRED NINETY-FIVE DOLLARS ($195.00) for fire hydrant rental fee. (15) It is further agreed to that Owners shall carry out any and all negotiations with all interested parties and shall perform or cause to be performed at their own cost and expense and to the satisfaction of the City Engineer any and all work required to abandon, remove, raise, lower, relocate and otherwise modify irrigation line or lines within the boundary of said real property. (16) Reference is hereby made to that certain Option Agreement executed by Owners and City on January 4, 1973, and filed in Book 186 of Official Records at pages 327 through 335 in said office of said County Recorder. (17) It is further agreed to that Owners shall indemnify and save harmless the City of Campbell, the City Council the City Engineer and all other officers or employees of City from any suits, claims or actions brought by any person for or on account of any injuries or damages to persons or property sustained or arising in the construction of the on-site work due to any acts, omissions or negligence of OWners, their officers, agents, employees or contractors. (18) It is further agreed to that the above-named terms and conditions shall bind the heirs, successors, administrators or assigns of Owners. 4 of 5 (19) This instrument is and shall be considered to be an instrument affecting the right, title, interest in or possession of the real property herein described. IN WITNESS WHEREOF, said City has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council, and said Owners have hereunto caused their names to be affixed the day and year first above written. CITY OF CAMPBELL Mayor City Clerk APPROVED AS TO FORM: OWNERS " J. Robert Dempster, City Attorney %k/4 ?/~~~ Richard B. Millen ( /fJL~I:-(".' A< ?ntM.rv! Denyc K. Millen jJr-r./ k~ ¡;(./¿;~ ~ William H. 'MaCLa\,l' li ~~~8. ~ ~~~L /Martha B. MacLaughlin' . (Notary Certificate) TO 447 C (Individual) @ I STATE OF CALIFORNIA I COUNTY OF Santa Clara Î On Arp ill 7, 19 7 3 before me, the undersigned, a Notary Public in and for said State, J.!ersonally appeared Richard B. Millen, Denyce K. Millen and W111iam H. MacLaughlin and Martha B. MacLaughlin' } SS. LIJ II:: LIJ I: LIJ ..J ~ to be the person - ~ whose name S are subscribed ~ to the within instrument and acknowledged that they ! ;;;%~~~h~~a::~d and official s¥1. Signature '$~t,,-c \.f"r"Y) L~r') }Îv (ìì/~A~'"d.. , ~ ~ , known to me h r;:(9 r;:(9r;:(9 ~ ~ (;:G GeC Ger..'J èX') G'Z'J <X.J GZ':J ~ G':Q c,. ~ OFFICIAL SEAL ~ ~") O~'-"'RT on S""¡"'.IDS JR r:J ¡; !$'~,IIVi.:!\'i:'j,JI~',.¡; Ð.,' c, ",C, "^;',L(]""IA ¡;) li> ' , , '. l - vl,..'1 ",' G Ð ',' IJ,' r:1 ."R" r':J'U"¡'Y €:i.' 13 v , 1.\ v~ ;1 V ~ t; ~ My ComrÙ:i::m Exp:rcs March 8. 1975 ~ ~ GY<J @,:)@,:)GY')Q-!'.)@':)@':)GY<J@,:)GY<J@,:)@,:)@,:) @':) ~ Name (Typed or Printed) (This area for official notarial seal) 1. 2. 3. 4. 5. CITY ENGINEER'S CONSTRUCTION COST ESTIMATE FOR FACTORY SHOPPING CENTER "S" 73-5 Clearing and Grubbing: a. AC removal: 1277 sq.yd. @ $1.50 512 sq.yd. @ $1.50 b. PCC removal: c. Remove and relocate 6' chain link: 240' d. Underground tank removal: Lump Sum e. Conveyor removal: Lump sum Storm Drainage System: a. 12" RCP, Class III: 65 LF @ $12.00 b. 15" RCP, Class III: 287 LF @ $15.00 c. Standard manhole: 2 @ $500.00 d. 2 @ $350.00 Type II drop inlet: Earthwork: (13448)(0.83) + (9264)(0.75) + (77401 + 27 = 957 Cu. Yds. @ $4.00 Underground Street Lighting System: a. ll" rigid galvanized metal conduit with two #8 AWG solid copper conductors: 720 LF @ $2.75 b. State #3 i pull box: 3 @ $45.00 = $ 1916.00 = $ 768.00 (by others) = $ 2000.00 = $ 200.00 = $ 780.00 .= $ 4305.00 = $ 1000.00 = $ 700.00 = $ 3828.00 = $ 1980.00 = $ 135.00 175-watt, Mercury Vapor, IES Type II electrolier, with photoelectric cell, 240-volt 5 @ $600.00 = $ 3000.00 c. Concrete Construction: a. Class A, PCC curb and gutter: 772 LF @ $3.25 Class A, PCC sidewalk: (9.5)(772)-1710 5624 sq. ft. @ $0.75 b. c. Class A, PCC driveway approach: (30)(6)(9.5) 1710 sq. ft. @ $0.75 = $ 2509.00 = $ 4218.00 = $ 1454.00 6. 7. Street Construction: a. Class 2 A.B., 1!" max.: (13,448 sq. ft.) (0.583) (0.07) = 549 tons @ $4.00 2196.00 = $ b. AC pavement, Type B: (13448 sq it) (0.333) (0.075) = 336 tons @ $12.00 4032.00 = $ Misc. Surface Improvements: a. Adjust to grade: 6 valves @ $50.00 4 manholes @ $100.00 = $ 300.00 = $ 400.00 = $ 120.00 = $ 340.00 b. City monument boxes: 2 @ $60.00 c. Street trees, five-gallon size: 17 @ $20.00 d. Signs and posts: St. name signs wjbrackets: lump sum = $ 50.00 $ 36231.00 $ 5435.00 SUB TOTAL: 15% Contingencies: TOTAL: $41,666.00 1. Use $41,700.00 for bond amount. 2. Plan examination and construction inspection fee is $1,458.00. 3. Storm drainage area fee is $3,863.00. 4. Fire hydrant rental fee is $ 195.00. LEGAL DESCRIPTION OF PARCEL A BEGINNING at the northwesterly corner of Lot 6 being a point on the easterly line of First Street as said Lot 6 and said First Street are shown upon that certain map filed in Book H of Maps at Page 85 in the office of the County Recorder, County of Santa Clara, State of California, and entitled "Map of Campbell's South- western Add' n" ; THENCE, along the northexly line of said Lot 6 and the easterly prolongation thereof, being a line that is parallel with and 275.00 feet southerly, measured at right angles, fromthe center line of Campbell Avenue as shown upon said map, East 293.95 feet to the beginning of a tangent curve that is concave north- westerly and has a radius of 20.00 feet; THENCE, northeasterly and northerly along the arc of said curve 31.56 feet through a central angle of 90° 25' 13" to a point of tangency with the westerly line of Central Avenue, 50 feet wide, as said Central Avenue is shown upon that certain map entitled "Subdivision of Campbell Tract" filed in Book C of Maps at Page 49 in said office of said County Recorder; THENCE, along said westerly line of Central Avenue South 0° 25' 13" East 70.15 feet to the intersection with the easterly prolongation of the southerly line of said Lot 6; THENCE, along last-mentioned prolongation and said southerly line of Lot 6 West 294.47 feet to the beginning of a tangent curve that is concave southeasterly and has a radius of 20.00 feet; THENCE, southwesterly and southerly along the arc of last- mentioned curve 31.42 feet through a central angle of 90° 00' 00" to a point of tangency with said easterly line of First Street; THENCE, along said easterly line of First Street North 70.00 feet to the POINT OF BEGINNING. CONTAINING 15,887.93 square feet, more or less, and being a portion of the Northwest ~ of Section 35, T. 7 5., R. 1 W., M.D.B. & M. + 'L C "'/~ .eL-'- + Þ-.VaMU1!: ---- -, .~ , III' II-: , ill \1'1 '8 J1t III ttJ 4.. ~g tP I~ ,, ~ ~ /í œ" ~ III _I ~ tJ u. ~ a. I ~ ~r z<?)~.~t:;::,' A ~ \.. E:.A~T CD I ~-- I 'ö - I 7t~ I ú\ I --- \ ,"';~T ZOJ4.4T' -........ lÙ ~ I :t '¡(1 r \\J 0 ri :x: 0 0 J) 1 CUR v e:. -r:::::>A \" A:o.. : A: R '" ~O.OO' ~= CX)° Zofò' \~/ L= 3\.1"::><Ó/ ~: R:: ê-o,oo' 6'" ~"OO/ðO/ L-. =: ól .42.' PARC E: L A r-I- AREA cç:. PA.'R<:"E:.L À = \!:'.:>")'B~ï.~o ~,~\. L-.-..J - '" 1\ ~ 'N è:QOu...'" '"" LOO ~ "b "'\ ~"ë.. é T ~ LA ~ L \ "-.) E: Ift. ~. I.-c-V t-..40v :ï~ CK. B'1" rp..c.... '=>C-A L 1: : 11'1'= 100' LEGAL DESCRIPTION OF PARCEL B BEGINNING at the northeasterly corner of Lot 6 being a point on the westerly line of Central Avenue as said Lot 6 and said Central Avenue are shown upon that certain map entitled "Subdivision of Campbell Tract" filed in Book C of Maps at Page 49 in the office of the County Recorder, County of Santa Clara, State of California; THENCE, along said westerly line of Central Avenue North 0° 351 West 5.00 feet to the intersection with a line that is parallel with and 325.00 feet southerly, measured at right angles, from the center line of Campbell Avenue as said Campbell Avenue is shown upon said map; THENCE, along said parallel line East 25.25 feet to the beginning of a tangent curve that is concave southerly and has a radius of 150.00 feet; THENCE, along the arc of said curve 24.88 feet through a central angle of 9° 30' 13" to the intersection with the easterly line of said Central Avenue, 50 feet wide, as shown upon said map; THENCE, along said easterly line of Central Avenue South 0° 351 East 97.52 feet to the southwesterly corner of Lot 7 as shown upon said map; THENCE, along the northeasterly line of said Central Avenue also being the southwesterly line of said Lot 7 South 58° 33' 28" East 89.44 feet to the southeasterly corner of said Lot 7; THENCE, along the southwesterly prolongation of the south- easterly line of said Lot 7 South 31° 421 West 40.55 feet to a point on the southeasterly line of said Central Avenue; THENCE, along said southeasterly line of Central Avenue North 58° 18' West 123.21 feet to the southeasterly corner of said Lot 6; THENCE, along said westerly line of Central Avenue North 0° 35' West 111.0 feet to the POINT OF BEGINNING. CONTAINING 9,658.32 square feet, more or less, and being a portion of the Northwest ~ of Section 35, T. 7 S., R. 1 W., M.D.B. & M. 'þ..V~MUE: f~ Ij Z JJJ +) eÂ~^~8>.'-L '8 IÒ N to / ./ ---------" - - - - L .:=..!>-" '- - - ~.ao~../ .~ . . . ' P.o.6. '" .0' ' 'q L.ðT <ó - B.~. c:: ., '£ °0 '2 ..,.. PARCEL , ..... --- -- /R'" 1".:;)0.00' .,"'" """""""":, 6& ~°'2.0'\3/ -- \~= z.4,8B' -- ""'- I\J .r ~ I Z'1b IlJ ~ tN', ~ f) CT. 49 '5C.A\-é: \" -= 40' D- AR E..o.. c~ PA'Çi.~E:L 'õ = 0»)(o~8.~'Z. ~.Fï. . - ~ou..,,", <:)r <=::>Cu.T\.\ LOoP ~\R1::E:, P\.....A.~ L-H...~é DT.~. U:-'J' B , Nov. ìz.. C1<..'By f:-Le-.- 9.881 \ 1>cC?J C?J C?J . , tz.- ~~ o. tz.-Oj ~U) 0- v "'7 N- o:: 0 ~ .ø .:Jt:.0' ma.. ,,~ ,,0 . 00 tz.-~ ,,~ ~ ~,o 007, c; ~<v C(.~ ~~ ~~~'v C,<v~ , . m (\J C\J <X> ~ C\J . ~ - I.LI SCALE: 111= 501 5310 m m - - " ¡..... C\J C\J 0 0 <X> <X> If') If') ~ (J) 'I II / 9.881 -I 1- 1-301-! THE ~ ~LO"d tobe "o"te' to Clt, Contain. .062 Acres: P,epo,ed b, the Office of the Clt, En,lnee" Co.pbell, Collfo",lo 0 R D It U. j' (: L )! 0 , n 6 ~J )if~P or 1;,;: Cl,)Y or CI\~:rLrLi, }Y C!!A;'(J):C ZO¡¡L rì«~:'; ¡.j ~2 ._~.: tc¡ ~',-)} n!~ I H', l)1 n P ~J .I ~: !;Ji r. 1: (\ F T Ii 1: C:C T Y 0 r c 1\!:~' B l.~ j, L /'.1H, N IJ 1 N G nn: z () N Ifi C c:; PFZ()¡'Li(!"~ (l10hN /.() çn SOUT!; CI~rJTRAL ¡;VLI-:UL~ (}z. B. U,lJenJ T h G C i t Y Co un (; i 1 () f t Lee it Y 0 f C c: ::¡ p b (; 11 doc f; 0 r d <:: .i n t,:. ;'oJ\o".:',:, ~:!C'J'IU:: o';r; That tÌJl'} ZOlJl1'!.'.\ ::ap of the City of CJT:¡pJ~,~11r " \'~"I""¡" -1--",..,;:¡-r>'1't'c' t'~r'l'("'¡'-c) l'c. ¡',,",r:.1---\, "'1'1;""1(,>,,.,1 "oJ"" "'T'c"'('l"(~ tuí.~et'L.j:' ..LI. 0""1)\.11,,, "" ¡J.., ..~ ,C> ,.',1"",,1... ,>i",'-'" (.,u (.".li.,,-,.. Sa.irJ ?¡:'cnC,1¡';:.'DtS Lei:-.;:, outlined 0:1 t1!c ì'JóP at:tc.c1.cd hcl'cto en.- titlçd tlr>~hibit A", Sr:CTJ:C.1J: T ;'.'0: That the ,~l.'ov'e r!(~ntioneÔ ¿;mendment is apppoved f~{¡b'F~'ê~r"'1:(')'-t he follo\dng condition s: 1. hl1 parking sp':lces el11-;'iiuiJtcd ".:lJen 1:h(~ f~outherly loop street is constructed shall La provided at a new location or tho appli~aDt shall join and become a part of a parking district "::.thin this ,i. rea, 2. A parking ratio of one space fer each 182 square feet of gros;:; lci;f~cÐ.ble are6, sha11 La providéd$ excluding the fleGl' i'll'Cd of ".:he Cine¡;ìu, 3t, Archit6ctural Qnd sit~ approval by the Planniljg Co~~ission. 4. on-site p~~k5ng and ci~culation mu~t be compatible with pro- posed sc:.,uth loop r"tr'cc't CO))&t)~uction and prof.~p(;ctive ¿:¡ttclJ.clant pi3.7.'kiïJg c1 if;tl'ic.t, 5, The deveJoper must compJ.y vith all applica~le scctions of t 1) e C (i L, P 1: c: 11 Ij U 11 :L c i p a .1 C <) èJ c }' c 1 il t i \j c t () t 11 e con ~ t 1~ U c t i 0 ), () f 0 f f .' $:~'~ü and on-sjte i1:¡p"CVe¡::ent:::, )cd~,Cr)t.ion to 60 fD(Jt pigLtk.of...":,;y and imp r () \' (; ;~, c n t 0 .ç ì' i}' s .~ ~; t )~ é G t a 11 d C (' n 'I: r' a .1. A v e n II e f:r (> n .¡ i ~ r e f,~ . b. D:>:CC,'dte pct::t}O;¡ fc,:' {Ol'1:¡,:¡ti(ln 01 JoFnto'v.n pal'king distl:,:ict, F j¡~; :; r: D A)! n i, j) () F T J: D t 11)~' 2 '; t h day c f N '-' v e ,;1 b,; r' t J0110 ',:) ng vote: 19'f~) ~ by ttJE' II y)~ ~; : CC1;IJ~ i.lTl(.n: C)'~::;;])!',~~J.:i.'i'ì, Doetsch ~ H:;1r,nIC\" ~ l' ¡.j 1.11. F (i d ~:, c:r s c !: Nor; f,: Co \' n G 5. ~L 1T! (: n : No~, e ¡, B~.;';; T: c c- t~ n c,: ,: 1TI (, i, j N()}'JC J\ l' r ¡' 0 \' r: !J 0 gr.:)'~:.CK:1 ~;i;'YOl' ó/ . '.. " ,", .~,..",..'"....~.. ".. ...... ~,...._".'.,~~ " i\'fT}:~,T: ,/ , " " C') ,~ '. i I.. ,: '. , ii,':' \ L :' ,Á ;'. """".--"'-""",.,-,-.-,,- .,.--- .-",---.,'.',... .,.- -._,_..,. .... j {" M.~ r f [ L L > ~ .-' _._'_:~"-;';'._-"'~~::'~-'-'¡\1 {J\ I:' .(-_._,~--;--", ""'L','í.-::~;;"'I;:';'~~"';:I r., ... /' ':~).. . !1::"I':;.1':;'>,":\~-';,;~ IJ; '~',I:'~ ;',)I:;;Ú('~": 1:::,,/ " ' ~i. j.'~.L~~--~~':_"~__"~11 ß ". - ~u.ë -- -.' .:",L.'1 ;; ".,0':"'1 I:'-/'~C'! ('\ ;'1= 1 I :: ç~ I'J" Cj7ï?-:-,'" "c", ): ~ ", I 1/ I~:.I :!~ 1"-: >-;~ "/ /' ¡:L-,:¡:~_J ",.:" 11: '.' :;-" I~ ö I / / t, """ )- ,,'., t.,/ >, /' ~;t::: c..; ~.., )-..~ ~{ ~, '~>""""~1/ :;t"'; 1,1 ;'1.5, 'J."" '\', .. ~ ~ II' ,,;: I'~ !O' I ~J{ '.---'(;;(,.-:í:r-~ , / ,"~. ~; ", '-¡I I) / 7. " I .:;' II ~;.- t~: ,/ f) ,~ - (" -¡ ..( ,,¥ . '~ ~ .( ---:'----J :;~. \,~!.), (,1 ZONE CHANGE ....Y ~ v ~ '~ ~ " .c) I : I~ r: , j' )"'" /.1- I, S TO P - D ./& ,;- BEING A PORTI OJ¡ q~' / '-.....'. ,O-Y. '1 JJl: ßOUTH CMIPBELL. NE.lG}l~jIORHOOD I ~ "'<:'~~" '\> I D I )'1' J~ leT I~ ^ P 0 F T J ¡ [ C 1 T J~ fo F / ~~' ."~~,,.~, II' f C/~¡'¡PBELL. , ,t' - , :'" I . / ., --.--./ ;. rr¡ "1'" ",' IlUbl i c heal'ing held ~ . . ---, , " .~'. ¡ by the Planning,' Commissi~o:-I ;.:, !;:"::"-., '..."... I", ...,.;//" I on SepternlJ('.l' ,H~, 1972, ~ I . Ie " '<! -"'c,> ". /, . . ,'" /--- ---. : t i. i. f ;' " < J}, ".'r?, <:! .: tt ~. ( : ; ~ '. /f "'.,:I~ ",') ""'¿:~'. Y.l/.;."'/' I i(~~~-;-1 f (i' ."..:':,," ~,',<J "'>.'~<"~-~/:.' "I . ,.~~~>~~t E I . 1- .1 ' "J ~ 'I ~,': j '- '.-; I ) ,'/ ;"",,-..8. j: f: '. ..~.;:,: ~~:1 ,/ ' ,/ f t ~ ~ ~ ~ :>: I.., 1,;;" {[:. '~', f t I' ~ / ~. ( I.j" I " "'..:; . ¡;' ~ -\ t I I' :;-,I~ '". , ',.,.' , ' . 1.-' \ -: < ". ~. ; U! "-"\ f,. ~ ). I I "'1' , {, , .. ~' < t <:i ,....J "','. ,¡'I ! I i\ ¡ , ~:I': , '.I 1,¡(~~ i ,> "'I ,-, J" I '-ì ,~~.,:/'.':" ":., "0,/:;: / // . I :~/"': "H'" "~ii ~~; ,/ / I ';¡r.' j i / EXHIBIT \11\11 : 1'-.- ;' I / ,. '<" ')p I // / 1,1 ." ,~',,:.o"-- ---:;_.. __--._,1 /" // ,~,' : ~:: ,I ,: / ' / ,/' /___._1 ::'::.~i:ì ". /,-:,/"/ I ,." ,,' I,' ,;, . ',' -_._~ -----1 I I G I . -_..._J r-;J I I , .. ," c. ' I ¡: : ." \ I I ,-" L..--_... "~------_._-_.__._-.J '---. ..-. .-----------...... ---.... ...----_.~ ".... " ' " ¿ ,; ,\ AVE".. . \- ',." " ~-~,:-~-:;-:-::.--?-;;;.." E t. ,~ " ;, ,... G 0 " l ' \, \.:1 " , ' OJW. #R(¡~) <'. " )- " f" -, /,.-,.' "\\ I, \' ,\ 1/ ,~.,~,j ~:-.-.~~ " ,: 'i ,!~, " ': (~~',.- ¡; ,i !' , ~ I ,I. H ,:'. ~;