980 Crockett Ave. (89-12)
. \
CITY OF CAMPBELL
MEMORANDUM
To:
Bill Helms
Engineering Manager
Date:
February 1, 1990
From:
Jim Penoyer
Engineering Technician
Subject:
Final Parcel Map
980 Crockett Avenue
----------------------------------------------------------
This map is presented for Don's signature. It has been reviewed by
reference to the following:
TR F1 M 5
TR 11 7
TR 8260
PM 277 M 37
PM 438 M 16
PM 443 M 7
Deed 9732 OR 195
Preliminary Title Report dated
APN 403-10-14 & 15
Engineer's calculation sheets
8-21-89
The original will be on the light table when Don is ready to sign it.
Pa~... 1 of 6
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR APN #: 403-10-14 &15 (current addresses 980 &998 Crockett
Av., Campbell, CA)"CROCKETT PLANNED DEVELOPMENT"
This Declaration is made on this day of ,19_, by
Todd S. Myhre, Craig A. Clark and Chee-Wan Lee, hereinafter referred to as
"Declarants" .
WHEREAS, Declarants are the owners of that certain real property
situated in the CIty of Campbell, County of Santa Clara, State of
California described as follows:
Lots 1 through 5, inclusive, as shown upon that certain Parcel Map which
was filed for record on , 19- in Book of Maps
at Pages County Records.
NOW, THEREFORE, Declarants hereby declare that all of the propeties
described above shall be held, sold and conveyed subject to the following
easements, restrictions, covenants, and conditions, which are for the
purpose of protecting the value and desireability of, and which shall run
with, the real property and be binding on all parties having any right, title,
or interest in the described properties or any part thereof, their heirs,
successors, and assigns, and shall inure to the benefit of each Owner
thereof.
A. Declarants are owners of the certain property, known herein as the
"Crockett Planned Development" or the the "Property", located in the city
of Campbell ("City"), County of Santa Clara ("County"), State of California,
more particularly described as all that land within the boundaries of the
planned development shown on the final parcel map filed for record in the
County Recorder's Office on ,19- in Book _of Maps,
Pages ("Final Parcel Map"), a copy of which is attached hereto as
Exhibit A.
B. This Declaration is made in order to fulfill certain conditions of
approval placed on the Crockett Planned Development by the City pursuant
to the conditions of the Property's tentative map.
C. The Crockett Planned Development is comprised of Lots 1,2,3,4 and 5,
which lots are delineated on the Final Parcel Map.
D. As of the date of this Declaration, Declarants are the owners of all lots
and Declarants intend to sell or convey lots 1 , 2, 3 and 4 , each with a
one-quarter (1/4) undivided interest in lot 5 (the "common area").
Page 2 of 6
AGREEMENT
1.~
(a) Large Vehicles. Storage of any vehicle intended for
recreation purposes, including land vehicles, vessels, and aircraft, but
excluding attached camper bodies and motorhomes not exceeding eighteen
(18) feet in length, shall be prohibited, except if stored in a garage.
(b) ~ No inoperable vehicles shall be stored
outside of a garage for more thatn twenty-four (24) hours.
(c) Advertisement. No vehicles or trailers shall be advertised
for sale or rent on the Property, and no sales, leasing or rentals of
vehicles or trailers shall be conducted on the Property.
2. Garaaes. Garages shall be maintained at all times to permit parking of
two automobiles per garage.
3. N Ren I f P rkin . No parking space shall be offered for rent,
except in connection with the lease of an entire lot.
4. Garbage. All Owners shall comply with the garbage disposal plan
approved by the City.
5. Fencing. No fence may exceed six (6) feet in height, measured from the
highest adjoining grade, as approved by the CIty, and shall be maintained
at all times. No fence may interfere with or encroach upon any easement
areas.
6. LandscapinQ. The landscaping and irrigation plans approved by the City
shall be maintained at all times.
7. ~ Lots 1, 2, 3 & 4 shall be used for single-family
residential purposes only and in a manner consistent with City, County and
state laws, ordinances and regulations.
8. Future Const.oJ..Q.tion and~tectural Review. Any major site
construction or architectural modifications beyond the City approved
Crockett Planned Development shall be subject to usual and normal City
review and approval process in place at the time of desired planned action.
Page 3 of 6
9. Use of the Common Lot. The common lot shall be used only for the
following purposes:
(a) The parking of passenger vehicles and the pedestrian and
vehicular traffic of all persons who own any interest in the Property and
their respective heirs, successors, assigns, grantees, mortgagees,
tenants, subtenants, employees, agents, visitors, and other licensees or
invitees of any of them.
(b) The installation, maintenance and operation of utilities
serving the Property.
10. Maintenance otlhe Common Lot. As long as the common lot is
privately owned, its maintenance, improvement and repair is to be
discharged only as provided for in this Declaration.
(a) Equal Cost. Owners agree to maintain in good and usable
condition the private drive and the utilities thereunder and further agree
that the cost of the maintenance, improvement and repair of the these
said items shall be borne equally by lots 1 through 4.
(b) pecisions BeQard.inQ....Maintenance. Any and all decisions
regarding the maintenance, improvement and/or repair of the private drive
and/or utilities thereunder including, but not limited to (1) approving
contracts for maintenance work and (2) selecting on owner to act as the
administrator("Administrator") on behalf of the Owners shall be by the
written agreement of Owners of not less than three (3) of the lots ("a
three-quarters written vote").
(c) Votes. Lots 1, 2, 3 and 4 shall each have one vote regardless
of the number of recorded owners per lot. In the event that there is more
than one recorded owner of a lot, the votes of those owners of record who
do vote shall bind those who do not. It is further provided that if all the
owners of record of a lot cannot agree on their vote, that lot's vote shall
be considered a "yes" vote supporting any requested action.
(d) Meeting. During the third week of January of each year, the
Owners shall meet at a time and place on the Property designated by the
then Administrator in order to elect an Admistrator for the coming year.
The Administrator shall notify the owners of each lot as to the time and
place of the meeting at least fourteen (14) days in advance. Until
January, 1991, Todd S. Myhre shall be the Administrator, unless at least
three lots have been conveyed and the owners elect a new Administrator
as set forth in this document.
Page 4 of 6
(e) Successor Administrator. At any time during the year, in
the event that the owners so desire, or in the event that the Administrator
dies, or no longer owns an interest in the Crockett Planned Development,
the Owners shall, by three-quarters written vote, agree to appoint a new
Administrator.
(f) Determination of Maintenance. The determination of the
need for maintenance, improvement and/or repair of the private drive
and/or the utilities thereunder shall be based upon reasonable need and/or
the request of the City. Once the need for maintenance, improvement
and/or repair has been determined, the Administrator shall obtain a
minimum of two (2) written bids prior to any contract being awarded and
shall accept the lowest of such bids, unless the Administrator reasonbly
determines that the contract with the lowest bid cannot be performed in a
satisfactory or timely manner.
(g) Minor Reoairs: Emergency. Notwithstanding other sections
of this document, the Adminstrator may, without the three-quarters
written vote of the owners, expend monies for an emergency repair of the
private drive and/or utilities thereunder, or expend up to one hundred
dollars ($100.00) on minor maintenance, improvement and/or repair of the
private drive and/or utilities thereunder.
(h) Assessment. Each lot's share of expense of any amount due
for the maintenance, improvement and/or repair of the private drive
and/or utilities thereunder shall be due and payable to the Administrator
twenty (20) days after written notice is given for such payment by the
Administrator.
(i) Delinquent Payment. Failure to comply with subsection (h)
above, will result in the delinquent owner owing the initial amount plus
interest thereon at 12% from the date due until the delinquent amount is
paid.
(j) Obstruction otPrivate Drive. Owners agree that nothing
shall be allowed to unreasonably obstruct the private drive. In no event
shall a gate be allowed across the private drive.
11. Maintenance Easement. Declarants hereby declare that when each lot,
other than the common lot, is conveyed, hypothecated, encumbered,leased
or rented, each shall be granted and/or reserved, as appropriate, an
easement for access to the garage structure serving that particular lot
for the purpose of maintaining and repairing the garage structure serving
that particular lot.
Page 5 of 6
12. v n n R nnin Wi h h Ln. This Declaration is a covenant
running with the land and is for the mutual benefit of the Declarants, their
successors and assigns, specifically including, but not limited to,
grantees, devisees, heirs, and those who acquire a lot by purchase, gift,
bequest, devise or legal subdivision of an existing lot.
13. Lenders. This Declaration shall be binding upon and effective against
any owner whose title is derived through foreclosure or trustee's sale or
otherwise.
14. Enforcement. Any owner shall have the right to enforce the provisions
of this Declaration and the City shall have the right to enforce the
provisions of this Declaration that are conditions of the tentative map
and planned development permit, as they may be amended, through
arbitration as set forth in section 14 hereof. Failure by any Owner or the
City to enforce any covenant or restriction contained herein shall in no
event be deemed a waiver of the right to do so whatever.
15. Dispute Resolution. Any controversy or claim arising out of or
relating to this Declaration, or the breach thereof, shall be settled by
arbitration in accordance with the Arbitration Rules of the American
Arbitration Association and judgement upon the award rendered by the
arbitrators may be entered in any court having jurisdiction thereof. The
arbitrator shall have the power and authority to grant any remedy or
relief as may be deemed just and equitable, including but not limited to
injunctive relief, specific performance, and an award of the costs of
arbitration. The decision of the arbitrator shall be final and shall not be
appealable except on the basis of extrinsic fraud.
16. Severability. The provisions of this Declaration shall be deemed
independent and severable, and the invalidity or partial invalidity or
unenforceability of any provision or provisions shall not invalidate any
other provisions.
17. ßecordinCJ. This Declaration shall be recorded with the Santa Clara
County Recorder.
18. Governino Law. This Declaration has been drafted and executed in the
State of California and shall be governed by and enforced in accordance
with the laws of said state.
Page 6 of 6
19. Amendments. Any changes to this Declaration are handled as
follows:
(a) Prior to Close otFirst Sa~ Before the closing of the first sale of a
lot to a purchaser other than the Declarants, this declaration may be
amended in any respect by the Declarants subject to subsection (c)
below.
(b) After Close of First Sale. After the closing of the first sale of a lot
to a purchaser other than the Declarants, any changes to this Declaration
require a three-quarters written vote of the owners subject to
subsection (c) below.
(c) Other Amendment Conditions. Any changes to this Declaration that
are conditions of the tentative map requires the consent of the City. Any
amendment must be made in writing and recorded in the County
Recorder's Office. No amendment shall adversely affect the rights of the
holder of any mortgage of record prior to the recordation of such
amendment.
Date:
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On this
day of
, 1990, before me, the
undersigned, a Notary Public in and for said State, personally appeared
, personally known to me or
proved to me on the basis of satisfactory evidence to be the person whose
name is subscribed to the within instrument and acknowledged to me that
he executed this instrument.
, Notary Public
Ptili l L ~ \00 (lL ç,
CITY OF CAMPBEll
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
Department:
Planning
December 22, 1989
PM 89-12
(In conjunction with File No. ZC 89-14/PD 89-19)
APPROVAL OF TENTATIVE PARCEL MAP
LANDS OF MYHRE
APN: 403-10-14 and 15
SITE ADDRESS: 980 Crockett Avenue
Final map, thereof, shall be filed with the City Engineer for examination,
approval and recordation in accordance with the provisions of the
Subdivision Map Act. .
This approval is subject to the following conditions:
1.
Process and file a parcel map to create the two lots.
2.
Execute an agreement to install street improvements when
called upon to do so by the Public Works Director.
Pay $10,868 in lieu of dedicating land for parks.
3.
4.
Code, Covenants and Restrictions: CC&R's to be approved by the
City Engineer to ensure provisions for maintenance of common area.
APPROVED BY THE PUBLIC WORKS DIRECTOR
ON DECEMBER 22, 1989
~~&L ~~
Donald C. Wimberly, Directo
Works Department
MANDATORY FINDING: This Tentative Parcel Map, together with the
provisions for its design and improvement, is consistent with the General
Plan of the City of Campbell.
Tp:
City Clerk
PUBLIC I
i-vJC?~)
QKS FILE NO.
Please collect & receipt
for the following monies:
35-3396
ACCl ITEM AMOUNT RECEIPT NO.
$
3372
3521
3521
3521
3372
Project Revenues (specify project)
Public ~ks Excavation Permit Fees:
Application Fee
Plan Check Deposit
Faithful Performance (Cash) Deposit
-::3(:)0 (.~~ .' /<gc¡ /
R-1:
($ 35)
Other:
($ 50)
($500)
(100% of)
(ENGR. EST)
(4% of FPB)
($500 min.)
(7% of FPB)
($ 35 min.)
Other Cash Deposit (specify)
($200)
Plan Check & Inspection Fee
3373
3373
3373
3373
3373
3380
3373
3373
3520
Project Plans & Specifications ($10)
General Conditions, Standard Provisions &
Details ($10 or $1/page)
"No Parking" signs ($1/ea. or $25/100)
Work Area Traffic Control Handbook ($5)
Traffic Flow Map ($10)
Traffic Data Services ($40/hr. + material costs)
Map Revisions to Map Companies ($10)
Copies of Engineering Maps & Plans ($.50/sq. ft.)
Fire Hydrant Maintenance ($195/ea.)
3372
3372
3372
3372
3372
3370
3395
Tentative Parcel map Filing Fee ($350)
Final Parcel Map Filing Fee ($300)
Tentative Tract Map Filing Fee ($400)
Final Tract Map Filing Fee ($350)
Lot Line Adjustment Fee/Certificate of Compliance ($350)
Vacation of Public Streets and Easements ($500)
Assessment Segregation or Reapportionment
First Split ($500)
Each Additional Lot ($150)
Environmental Assessment:
Categorical Exemption ($500 plus actual cost
Negative Declaration above $500)
Storm Drainage Area Fee per Acre (R-1, $1,875; Multi-Res.,
$2,060; all other, $2,250)
Park Dedication In-lieu Fee per Unit ($1,132)
3380
3510
Public Works Special Projects
Postage
PERMITTEE
TOTAL
$-~ÇD c:~
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t-l& h~ fYl l~ \\
PHONE 25- 7 - ?( 2. 76
NAME OF APPLICANT
ADDRESS _I D I .ç 2(
FOR
CITY CLERK
ONLY
0M
'F. ¡ ch V\¿OD 4 í)rJ to f7 c¡/h nc [6 -
/ \ ,.--
(Í~
J - ~ - 70
7 ŠO/~
ZIP
RECEIVED BY
DATE
TO:
City Clerk
PUBLIC
~KS FILE NO. 180 ~ c}"1<:g Crocldt:-
?.V / )~
Please collect & receipt
for the following monies:
35-3396
AGGl ITEM AMOUNT RECEiPT NO.
$
3372
3521
3521
3521
3372
Project Revenues (specify project)
Public Works Excavaüon Permit Fees:
Application Fee
Plan Check Deposit
Faithful Performance (Cash) Deposit
R-1:
($ 35)
Other:
($ 50)
($500)
(100% of)
(ENGR. EST)
(4% of FPB)
($500 min.)
(7% of FPB)
($ 35 min.)
3.5V ~ I ;¡¡J
Other Cash Deposit (specify)
($200)
Plan Check & Inspection Fee
3373
3373
3373
3373
3373
3380
3373
3373
3520
Project Plans & Specifications ($10)
General Conditions, Standard Provisions &
Details ($10 or $1/page)
UNo Parking" signs ($1/ea. or $25/100)
Work Area Traffic Control Handbook ($5)
Traffic Flow Map ($10)
Traffic Data Services ($40/hr. + material costs)
Map Revisions to Map Companies ($10)
Copies of Engineering Maps & Plans ($.50/sq. ft)
Fire Hydrant Maintenance ($195/ea.)
c337g)
3372
3372
3372
3372
3372
3372
3372
3370
3395
Tentative Parcel map Filing Fee ($350)
Final Parcel Map Filing Fee ($300)
Tentative Tract Map Filing Fee ($400)
Final Tract Map Filing Fee ($350)
Lot Line Adjustment Fee/Certificate of Compliance ($350)
Vacation of Public Streets and Easements ($500)
Assessment Segregation or Reapportionment
First Split ($500)
Each Additional Lot ($150)
Environmental Assessment
Categorical Exemption ($500 plus actual cost
Negative Declaration above $500)
Storm Drainage Area Fee per Acre (R-1, $1,875; Multi-Res.,
$2,060; all other, $2,250)
Park Dedication In-lieu Fee per Unit ($1,132)
3380
3510
Public Works Special Projects
Postage
NAME OF APPLICANT -r{);j ,J ;ti Y II,.¿
ADDRESS /0 //~~ ~f tUood ,Z>/{:~ jJ(') Z-
,
PERMITTEE
FOR
CITY CLERK
ONLY
0M
TOTAL
:3 SO 05'-
$
PHONE
25-7-7//~
ZIP
9;-,1 / '7
RECEIVED BY
~
JI-3ø-'?9
DATE
)0
.".
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1/
I
CONDITIONS OF APPROVAL - FILE n ZC 89-14/PD 89-19
SITE ADDRESS: 980 and 998 CROCKETT AVENUE
APPLICANT: TODD MYHRE
PC MTG DATE: 10/24/89
PAGE TWO
11. GarbaRe Collection: Ordinance No. 782 of the Campbell Municipal Code
stipulates that any contract for the collection and disposal of refuse,
garbage. wet garbage and rubbish produced within the limits of the City of
Campbell shall be made with Green Valley Disposal Company. This
requirement applies to all single-family dwellings. multiple apartment
units. to all commercial, business, industrial. manufacturing. and
construction establishments.
12. Trash Containers/Enclosures: Trash container(s) of a size and quantity
necessary to serve the development shall be located in area(s) approved by
the Fire Department. Unless otherwise noted. enc10sure(s) shall consist of
a concrete floor surrounded by a solid wall or fence and have self-closing
doors of a size specified by the Fire Department. All enclosures to be
constructed at grade level and have a level area adjacent to the trash
enclosure area to service these containers.
13. Noise Levels: Noise levels for the interior of residential units shall
comply with minimum State (Title 25) and local standards as indicated in
the Noise Element of the Campbell General Plan.
14. Park Dedication Fee: Applicant is hereby notified that he will be required
to pay Park Dedication In-Lieu Fee which will be assessed at the time the
subdivision map is submitted.
15. Property Security: The applicant is hereby notified that the property is
to be maintained free of any combustible trash. debris and weeds. until the
time that actual construction commences. All existing structures shall be
secured by having windows' boarded up and doors sealed shut. or be
demolished or removed from the property. Sect. 11.201 & 11.414. 1979 Ed.
Uniform Fire Code.
ENGINEERING DIVISION
16. File and process a parcel map
17. Pay storm drain area fee of $1250
18. Dedicate additional land to widen Crockett Avenue to 30 feet from center.
19. Install standard street improvements or participate in a local improvement
district to have improvements installed. as directed by the City Engineer.
20. Obtain an excavation permit. pay fees and post surety for all work in the
right-of-way.
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