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240 N. Harrison Ave. (1964) A32-5 SANTA CLARA VALLEY WATER CONSERVATION DISTRICT 15420 Almaden RoQd San Jose, Calif. 95118 REVOCABLE ENCROACHMENT PERMIT F C I t Y 0 f Campbe 1 t C I t Y Ha 1 t Campbell, California I San Jose, CalifornIa _--'!'!: y 8 , 19~. L In compliance wIth your request of__.. May 4 , 19~. and subject to all the terms, conditions and restrictions wrftten below or printed as genera I or specla I provi s f ons on THE REVERSE SIDE of th I s form. ~ SANTA CLARA VALLEY WATER CONSERVATION DISTRICT, hereinafter called the Dist- rf ct, does hereby GRANT PERMISSION TO connect a storm dra ¡ n from Sa lmar Avenue ¡ n the CIty of Campbert to Santa Clara Varley Water Conservation DIstrict's Lower Page PIpelIne In accordance wIth the Improvement plans for Salmar Avenue whIch were approved by J. Robert Roll, Chief Engineer of Santa Clara Valley Water ConservatIon DIstrict on May 7, 1964. NOTE: In addition to the above terms and conditIons, this permft Is subject to at r the General ProvTsfons as specfffed on THE REVERSE SIDE hereof. This permIt is to be strfctly construed and no work other than that speclf- fcal Iy mentioned above is authorIzed hereby. Thfs permit sha I be void unless the work hereIn contemplated shalr have been compreted before December 31 , 19~. SANTA CLARA VALLEY WATER CONSERVATION DISTRICT ~ By: ~ G. F. Dodson Executfve Administrator xX~~g~g5~¥~XXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX GENERAL PROVISIONS ~ ACCEPTANCE OF PROVISIONS. It Is understood and agreed by the Permittee that the per- formance of any work under thfs permit sharI constitute an acceptance of the provIsions hereof.. 1.:.. NO PRECEDENT ESTABLISHED. ThIs permIt is granted with the understanding that thIs action is not to be consIdered as establishIng any precedent on the question of permittIng any certaIn kind of encroachment to be erected upon lands or wIthin any right of way of the District. i l:. NOTICE PRIOR TO STARTING WORK. Before starting work on which an inspector .Is required, or whenever stated on the face of this permit, the Permlttee shall ,n,otify .the G'hief Engineer or other desIgnated employee of the District. Such notfce shall be gIven 'at least 48 hours in advance of the date work Is to begin. 4. PERMITS FROM OTHER AGENCIES. The Permittee shal" whenever the same Is required by Tãw, secure the written order or consent to any work hereunder from the Public utrrities Commission of the State of Californfa, or any other publIc board having jurisdfction, and thfs permlt shall be suspended In operation unless and until such order or consent is ob ta i ned. .h PROTECTION OF TRAFFIC. Adequa te provl s ion sha II be ma de for the pro tee t I on of traveling pub! Ie. Barrfcades shal be placed which shall be appropriately lighted nightJ flagmen shall" be employed and other necessary safety precauti'o!ns taken, all' be required by the particular work In progress. . . " ~ CLEAN UP. Upon completion of t!hie work contemplated her:eln, thie Perín1ittee shalt remove al , equfpment, material, and rubbfsh belonging to or used by him, and fn the event of his far lure to do so, the same may be done by the District at the expense of the Permittee. 1i STANDARDS OF CONSTRUCTION. All work shall conform to recognized standards of construc- tIon. 8. SUPERVISION BY DISTRICT. All the work shall be done subject to the supervision of, ãñd to the satisfaction of, the Dfstrlct. 9. FUTURE MOVING OF INSTALLATION. It fs understood by the Permittee that whenever con- ~ructfon, reconstruction or mafntenance work by the Dlstrfct may requfre, the insta I la- tlon provided for herein shall, upon request of the District, be Immediately moved or removed by, and at the sole expense of the Permittee. 10. LIABILITY FOR DAMAGES. The Perm1ttee Is responsfble for all liabflity for personal injury or property damage which may arfse out of work herein permitted, or whfch may arise out of fai lure on the Permfttee's part to perform his obligatIons under this permit or otherwise In respect to maintenance. In the event any claim of such Ilabirity fs made against the Dfstrict or any officer or employee thereof, Permittee shalt defend, Indemnify and hold them and each of them harmless from such claim. This permft shall not be effect- Ive for any purpose unless and untf I the above named Permittee files with the District, a surety bond in the form and amount requfred by said District, unless specifically exempted on the face hereof. The requirement that a bond be fi led does not apply in the event the Permittee Is a publfc agency which derfves its revenue by taxation. ~ SUBMIT LOCATION PLAN. Upon completion of underground or surface work of consequence, the Permittee may be requfred to furnish a plan to the District showing location and deta 1Is. 12. MAINTENANCE. The Permittee agrees by the acceptance of this permft to exercise reason- able care to maintain properly any encroachment placed on Dfstr1ct property pursuant hereto and to exercise reasonable care in inspecting for and Immediately repafrlng and making good any damage to District property which occurs as a result of the work done under this permit. 13. PROTECTION OF PROPERTY OWNERS. Property owners sha II be protected from any damage to property and dust nuisance in the vfcinity of the permitted work. A water wagon shall be avaIlable and used on demand of the District. 14. NON-COMPLIANCE. Any non-compliance with these genera I provfsions shall be remedfed within five (5) days after wr1tten request to do so by the District. Upon far lure to con- form wfth the request of the District within said fYve (5) day perfod, the Dfstrict may, at fts optfon, proceed to correct the deficiency, and the costs thereof shall be the oblfgatfon of the P~rmrttee. 15. EMERGENCY WORK. The DistrIct may perform emergency work r~quiring immediate attentfon which applYcant fairs or is unable to remedYJ the costs of such work shall be the obIfga- tion of the Perm1tteè. 16. FINAL APPROVAL. When the work contemplated under the encroachment permit has been ëõmpleted, the Permfttee wf! I notify the DfstrTct of this fact. If the work has been com- pleted according to the terms and conditfons of the permit and to the satisfaction of the Dfstrlct, the Executive Administrator wi! r so notify the Permittee in writing. No work shat ( be deemed completed until final approval is made in writing by the Executive Admin- is t ra to r. 17. PERMIT IS REVOCABLE. The Executfve Admfnlstrator shall have the right, power, and privilege of revoking any permit Tssued under these regulations for good cause. the at as may ~ L~! /.r-. 1 '11i( . Ú} \ ¿I/. .' / ,/Yi>~ /^ ..' "SII 1964-20 \. 1/ PLANNING DEPARTMENT CITY OF CAMPBELL 75 NORTH CENTRAL AVENUE CAMPBELL, CALIFORNIA ~lv Date M:ay 7. 1)1. CONDITIONS ATTACHED TO IIS" APPROVAL OF PLANS OF CAMPBELL INDUSTRIAL PARK . FOR CONSTRUCTION OF Industrla1 bul1dlng TO BE LOCATED AT: 240 Harrison Avenue. Campbell. California COND I TI ONS: 1. Conformance with Section 9126 of the Campbe11 Munlclpa1 Code: a. ~torm urainagc i\rea F¡;e :. ~7G5/acr~: $2,;00 1,.- b. 10' P.U.£. easement to the City of Campbe11 from new street area to rai 1 «)"U right vf ..,a'f. eXi.ct l,;c¿ti :ì aLng south~r1y line cf property to be determined by City Engineer. ~ c. Street imt-r(Nèm~nt5 ¿ submission Li si:rec::t impLv;;;mcnt plan (to inc1ude in-lot and street drainage) for Harrison Avenue and new street frontage. t~ b~ appruv~u by City ¿ngineer. Cost of storm drain lines in pub1ic right-of-way to be charged against Storm feu as per ¡{",~¡~lution h92J. "';'~- Street dedication to the City of Campbell: I. 30 foot ha 1 f street '.-n new stred. L¡,=,> 2. Harrison Avenue dedication to match 33 foot half 5treet on south- ***--------- - - - - ---. -- -- - -- ..-- - - - ---- - - - - - - ----- --_.. -- - -- - -- -- (CONT I NUED ON PAGE 2. Section 9316.1 of the Campbe11 Municipa1 Code reads as fo1lows: d. Any approval granted under this section sha11 expire one hundred eighty (180) days after the date upon which such approval was granted, un1ess an extension for such approva1 is obtained by making written application for same to the P1anning Commission at least fifteen (IS) days prior to the expiration date of such approva1. \\ ~ ~~, '. '\;\ "..'- No building permit sha11 be issued after the expiration date of any approva1 until a newapprova1 has been obtained in the manner provided for in this chapter. GRANTED BY THE CITY OF CAMPBELL PLANNING COMMISSION AT A REGULAR MEETING HELD ON THE Sth DAY OF Mai. 1304 CITY OF CAMPBELL PLANNING COMMISSION *** See page 2 of conditions <:: (> By: (j:.; {.;'1l:¡o -;, / s~{.~f.~ ~/ .4ð;x ~ ,# , , h COt of ~:~:beil. co~r{l~~ Sã~~~C~!~~¡~N~t~@toreE~îf~o~~î~,~a~R~~I~e~l~~afðligw~:e 1 y I BEGINNING at the point of intersection of the Southerly terminus of the center line of Harrison Avenue as said Avenue is shown upon the Map of Dahl's Addition of record in Book 3 of Maps, pages 14 and 15 in the office of the Recorderaf the County of Santa Clara, State of California, with the Northerly line of the 6.179 acre tract of land conveyed by Ralston Alison and Etta C. Alison to Joseph O. Souto, by Deed recorded December 27, 1917 in Book 467 of Deeds, page 115, Santa Clara 'County Records; thence running in a direct line Southerly across said 6.179 acre tract to the point of intersection of the Southerly line of said 6.179 acre tract with the center line of Harrison Avenue as said Harrison Avenue exis.ts South of said 6.179 acre tract; thence .along the Southerly line of said 6.179 acre tract Sout~ 89° 431 East 729.30 feet to the Northwesterly line of the lands and right of way of the Southern Pacific Railroad Company; thence along said line North 31° 511 East 280.50 feet to the Northeasterly corner of said 6.179 acre tract; thence along the Northerly line thereof North 89° 501 West 898.87 feet to the point oî beginning, containing 4.50 acres, more or less, and being a part of the Southeast 1/4 of the Southwest 1/4 of Section 26, Township 7 South, Range 1 West, M.D.M. EXCEPTING THEREFROM that portion thereof conveyed by Hunt Foods, Inc., a corporation, to Campbell Union School District by Deed dated July 27, 1954 and recorded September21, 1954 in Book 2963 of Official Records, page 591, and being described as follows: . BEGINNING at the point of intersection of the center line of Harrison Avenue as said center line was established by that certain Deed dated June 25, 1945, recorded July 3, 1945 in Book 1265 of Official Records, page 416, executed by Joseph O. Souto, et al, to County of Santa Clara, with the Northerly line of the 6.179 acre tract of land conveyed by Ralston Alison and Etta C. Alison, to Joseph O. Souto, by deed recorded December 27, 1917 in Book 467 of Deeds, page 115, Santa Clara County Records; thence running along said center line of Harrison Avenue South 5° 11' 30" East 20 feet, more or less, to the point of intersection thereof, with a line parallel to and distant 20 feet Southerly at right angles to said Northerly line of the 6.179 acre tract hereinabove referred to; thence leaving said center line of Harrison Avenue and run~ing along said parallel line North 89° 50' East 884.50 feet, more or less, to a point in the Northwesterly line of the lands and right of way of the Southern Pacific Railroad Company; thence along said line North 31° 51' East 23.59 feet, more or less, to the Northeasterly corner of said 6.179 acre tract; thence along the Northerly line of said 6.179 acre tract North 89° 501 West 898.87 feet to the point of beginning, and being a portion of said 6.179 acre tract hereinabove referred to and situated in the Southeast 1/4 of the Sou .lwest 1/4 of Section 26, Township 7 South, Range 1 West, M.D.M. ALSO EXCEPTING THEREFROM the interest in so much of premises lying within the bounds of Harrison Street, which was conveyed to the County of Santa Clara, a body politic and corporate of the State of California, for public road and highway purposes by Deed recorded July 3, 1945 in Book 1265 of Official Records, page 416 and being more particularly described as follows: Page 4 179327 ~ -- --.. -.c'.Jf- .-- -.. ----,--.._...- .-- 1 Lying in the Southwest quarter of Section 26~ Township 7 South~ Range 1 West and being a strip of land 60 feet wide at its point of beginning and tapering uniformly to a width of 50 feet at its terminus, the center line of said strip being described as follows: BEGINNING at a 3/4 inch iron pipe at the Southerly end of the center line of Harrison Avenue as shown upon the Map of Dahl's Addition~ 'recorded in Book 3 of Maps~ at pages 14 and l5~ of the Official Records~ Santa Clara County, California~ and running thence South 5° 11 1/2' East 237.5 feet to a 3/4" pipe at the Northerly terminus of Harrison Avenue in the Southerly line of the lands now or formerly of ,Joseph O. Souto. - .. . I March 18, 1964 AGENDA ITEM 13 a. FROM: ADMINISTRATIVE STAFF SUBJECT: Consideration of new street pattern, east of Harrison and south of Hamilton Avenue. RECOI'\MENDATION: It is recommended that the City Council approve by motion the construction, dedication and acceptance of the proposed cul-de- sac in order that the developers be guaranteed that the improvements will be accepted by the City upon completion. DISCUSSION: The Staff was contacted by the proposed developers of the Ziegler property east of Harrison Avenue and south of the school corporation yard. Planning Director Overen and City Engineer Hawk concurred that a new street would be necessary to properly develop this area and the area to the north. The developers have indicated that they are willing to dedicate and improve a cul-de-sac street which could be incorporated into the proposed street pattern. This would be dedicated and improved with the condition that City accept the dedication and perpetual maintenance after the improvements are completed. The proposed street pattern was presented to the Planning Commission at their regular meeting on March 17th, 1964, and was unanimously approved and recommended for acceptance. A map of this area will be presented at the meeting by Mr. Hawk to illustrate the st reet pattern. Respectfully submitted, 2Æ .A /; ~ .~('-~ R. C. Steph ns, City Manager Myron D. Hawk, Director of Publ ic Works Orville Overen, Planning Director /dt . .... Jj I . MEMO March 18, 1964 TO: City Manager PROM: City Engineer SUBJECT: Consideration of new street pattern. east of Harrison and south of Hamilton We have been contacted by proposed developers of the Ziegler property east of Harrison Avenue and south of the school corporation yard. The City Planner and myself have concurred that a new street will be necessary to properly develop this area and the area to the north. The developers have indicated their willingness to dedicate and improve a cul-de-sac, at this time, which could be incorporated into the staff-approved street pattern at a future date with the condition that the City accept the dedication for perpetual maintenance after improvementsare complete. This proposal has been presented to the Planning Commission at their regular meeting March 17, 1964, and was unanimously approved and recommended for acceptance to the City Council. It is our recommendation that the City Council approve by motion the cons~uction, dedication and acceptance of the proposed cul-de-sac in order that the developers be guaranteed that the improvements will be accepted by the City upon completion. Myron D. Hawk, City Engineer MDH:cb . .¿ I March 30, 1964 Mr. Kitchell Raskin 2932 David Avenue san Jose, California 8UBJBCT I Your letter March 28, 1964 Dear Mr. Raskin: All 88ntioned previously to you, the City Council and Planning C~ssion havè approved the proposed street pattern east of Barrison and south of H8ailton Avenue. '!'his approval, however, doe. not constitute the .... official action as an official plan line would but does indicate that were the improv_nts _de in accordance with the cul-d.-sac plana the City of Cuapbell would accept dedication and ..int8in 8uch perpetually. Your 8ubj act letter indicates that you have contacted the Miranda. who own property in the .outheast quadrant of the inter- section of the new street and Harri80n Avenue and their a8kift( price, for the 45-foot wiele property which would be necessary 1:0 entirely acquire to provide for a 30-foot half street, is aore i:han what you consid8r to be fair 8&J:k8t value. We have discusseel a possibility that: the City CouDcil 8ight consider CODd8lDation of thi8 particular Pf:operty if all costa involved would be paid by a potential developer. Your subj act letter indicates that S<W.8ODe .1,'8 willing to pay this price and requests that the City initiate procedures fo,.herefor. I would advise you that since the City ia to have the municipal election on April 14, and a new City Council will be formed for the regular _eting April 27, that any action on your subject letter be scheduled for Council con.ideration at that ..eting. In accordance with thia re~.n4ation, I will prepare a pre.entation for City Council consideration at their regular meeting April 27, 1964. and will, at that ttme, ask if the Council would con8ider your propoaal to pay all costs if they initiate conð88nation procedure. for street acquisition. I would request that you and Mr. Hubbard or 8C88one,1='epres8mting you be pre.ent at that meeting to answer specific questions. If you have any questions on this prpþosal 01." if you would reque.t action other than above-mentioned, pl...e contact - directly at my office. " Very truly yours, . .... 1 March 28,1964 Myron Hawk, City Engineer City of Campbell Campbell, Calif. i.,. Dear r. Hawk: On several occasions during the past few months attempts have been made to purchase the property, owned by Mr. and Mrs. J. Miranda, located at 190 Harrison Ave.. The Mirandas say they are willing to sell their property, but the price they are asking is far above any reasonable market value. The Mirandas have stated that they have the property owners at the rear of their property at a disadvantage which will force them to pay a high premium for the Miranda property. The Mirandas have refused to recognize thnt any purchaser of their property will have the expense of removing the older houses and a tree, as well as improving the unfinished steeet frontage before any buildings can be constructed on the property. The vj:\cant lot to the south of the Miranda property has a frontage of 100 feet is clear and the street improvements have been completed. This lot is for sale @ $1.50 per sq. ft.. The Mirandas are asking ~50,000 for 20,000 sq. ft. of property or ~2.50 per sq. ft. Someone is willing to Pay a fair price for the Miranda property, the v9lue which can be determined by a competent market appraisal. A request is made to the City of Campbell to take condemnation or court action if neccessary to acquire that part of the Miranda property needed to complete the proposed street to be located north of the Miranda property. Sincerely yours, Howard Hubbard .-.) ~.. -.-If' 1\"" '\. t, ,."._.,~~'I...>-"" ". J~),i;L-- Mitchell Raskin 2932 David Ave. San Jose