307 Orchard City Dr. (1987)ENCROACHMENT PERMIT
APPLICATION - Application is hereby made for an encroachment permit
in accordance with Chapter 11 of the Campbell Municipal Code.
A. Address of Encroachment: 307 Orchard City Drive.
B. Nature of Encroachment: Commercial building extends into lands
of City of Campbell.
C. Attached is a drawing showing the location, extent and dimensions
of the encroachment and a legal description of the City property.
When approved by the City Engineer, said drawing becomes a part
of this permit.
D. A non-refundable fee of $50.00 must accompany this application.
Name of applicant: Orchard City Plaza Associates. Phone: 288-7800
Address: 307 Orchard City Drive, Campbell CA 95008
SPECIAL PROVISIONS:
Applicant shall provide a Certificate of insurance, designating
the City as an additional named insured, covering all liability
that may arise out of the permitted encroachment, including
coverage for liquor liability if applicable.
The appiicant/Permittee hereby agrees by affixing their signature
to this permit to hold the City of Campbell, it's officers agents
and employees free, safe and harmless from any claim or demand
for damages resulting from the permitted encroachment.
3. To avoid violation of the Rule against Perpetuities this permit
is revocable by the Public Works Director.
The Applicant/Permittee hereby acknowledges that they have read and
understand the conditions of this permit
ACCEPTED:
Orchard City Plaza Associates
by: Stan Davis, General Partner
Date
APPROVED FOR ISSUANCE:
Donald C. Wimberly,
Public Works Director
City of Campbell
Date
ENCROACHMENT PERMIT
ORCHARD CiTY PLAZA ASSOCIATES
307 ORCHARD CITY DRIVE
DESCRIPTION
CITY PROPERTY
All that certain real property situate in the City of Campbell, County of
Santa Clara, State of California more particularly described as follows:
BEGINNING at the northwesterly corner of that certain parcel granted to
the City oi Campbell by deed recorded in Book E264 of Santa Clara County
Official Records at page i04 on February 2, 1979, said point being also a
point on the easterly line of Central Avenue (50 feet wide)~
THENCE North 89° 55' 21" East, along the northerly line of said City of
Campbell parcel, 12.00 feet;
THENCE South 57° 34' 39" East, continuing along the northerly line of said
City of Campbell parcel, 40.00 feet to the True Point of Beginning7
THENCE South 32° 25' 21" West, leaving the boundary line of said City of
Campbell parcel, 15.00 feet;
THENCE along a tangent curve to the left, concave northeasterly, with a
radius of 4.00 feet, through a central angle of 90°, an arc length of 6.28
feet;
THENCE South 57° 34'39" East, 8.00 feet to a point of cusp, said point
being also a tangent point in the boundary line of aforesaid City of
Campbell parcel;
THENCE along the boundary line of said City of Campbell parcel, on a curve
to the right that is concave northeasterly and tangent to a line that
bears North 57° 34' 39" West, with a radius of 4.00 feet, through a
central angle of 90°, an arc length of 6.28 feet7
THENCE North 32° 25' 21" East, along the boundary line of said City of
Campbell parcel, a distance of 15.00 feet;
THENCE North 57° 34' 39" West, along the boundary line of said City
of Campbell parcel, a distance of 8.00 feet, to the TRUE POINT OF
BEGINNING.
Containing an area of 152 square feet, more or less.
C AM ? L~F L LL
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BUILDING
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CITY
OF CA A4?~KI_ I
TO ~£ VAC ,4 T~ L3
GRANT OF EASEMENT
The CITY OF CAMPBELL, a Municipal Corporation
of the County of Santa Clara, State of
California, hereby grants unto MILES S. TULLY ·
and SHIRLEY TULLY, an Easement to allow the
existing building or structure to remain on
that certain real property within said City
and more particularly described as follows:
BEGINNING at a point which bears North 0° 17' East 35.00
feet from the Southwesterly corner of Lot 2 as said Lot 2 is
shown upon the "Map of Campbell's Western Add'n to the Town of
Campbell", which Map was recorded May 18, 1894 in the Office of
the County Recorder of said County of Santa Clara and filed in
Book "H" of Maps, at page 69; thence tangent to the Westerly
line of said Lot 2, Southwesterly, Southerly and Southeasterly
along the arc of a curve concave Northeasterly through a central
angle of 90° with 20.00 foot radius a distance of 31.42 feet to
the point of tangency with a line parallel with and distant 40.00
feet from the center line of Campbell Avenue, as said center
line is shown upon said Map; thence South 89° 43' East 40.00 feet
along said last described parallel line to a point on the Easterly
line of said Lot 2; thence South 0° 17' West 15.00 feet along
said Easterly line of said Lot 2 to the Southeasterly corner
thereof; thence, North 89° 43' West 60.00 feet along the Southerly
line of said Lot 2 to the Southwesterly corner thereof; thence
North 0" 17' East 35.00 feet along the Westerly line of said
Lot 2, which said Westerly line is the Easterly line of First
Street to the point of beginning, and being a portion of said
Lot 2.
IN WITNESS WHEREOF, said City has caused'its name to be
hereunto affixed by its Mayor and City Cler, thereunto duly
authorized by resolution of the City Council.
CITY OF CAMPBELL
Mayo r
ENCROACHMENT PERMIT
I, Donald C. Wimberly, Director of Public Works of The City of
Campbell, do hereby issue a Permit to Orchard City Plaza Associates
to allow the encroachment of a building into the following described
parcel:
Ail that certain real property situate in the City of Campbell,
County of Santa Clara, State of California more particularly
described as follows:
BEGINNING at the northwesterly corner of that certain parcel granted
to the City of Campbell by deed recorded in Book E264 of Santa Clara
County Official Records at page 104 on February 2, 1979, said point
being also a point on the easterly line of Central Avenue (50 feet
wide);
THENCE North 89° 55' 21" East, along the northerly line of said City
of Campbell parcel, 12.00 feet;
THENCE South 57° 34' 39" East, continuing along the northerly line of
said City of Campbell parcel, 40.00 feet to the True Point of
Beginning;
THENCE South 32° 25' 21" West, leaving the boundary line of said City
of Campbell parcel, 15.00 feet;
THENCE along a tangent curve to the left, concave northeasterly, with
a radius of 4.00 feet, through a central angle of 90°, an arc length
of 6.28 feet;
THENCE South 57° 34'39" East, 8.00 feet to a point of cusp, said
point being also a tangent point in the boundary line of aforesaid
City of Campbell parcel;
THENCE along the boundary line of said City of Campbell parcel, on a
curve to the right that is concave northeasterly and tangent to a
line that bears North 57° 34' 39" West, with a radius of 4.00 feet,
through a central angle of 90°, an arc length of 6.28 feet7
THENCE North 32° 25' 21" East, along the boundary line of said City
of Campbell parcel, a distance of 15.00 feet;
THENCE North 57° 34' 39" West, along the boundary line of said City
of Campbell parcel, a distance of 8.00 feet, to the TRUE POINT OF
BEGINNING.
Containing an area of 152 square feet, more or less.
Acceptance of this permit and/or the utilization of the benefits
conferred by it as evidenced by the continuing encroachment of any
building or structure within the above described parcel shall be
deemed to constitute acceptance of the following condition:
CONDITION:
To the fullest extent permitted by law, Permittee shall indemnify, defend
and hold the City of Campbell, and it's agents, harmless from any and all
claims, damages, losses and expenses, including, but not limited to,
attorney's fees, arising out of , or resulting from the encroachment
permitted herein.
Witness my hand this
day of , 1989.
Donald C. Wimberly
CITY Oi~ I~AMPBEII
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
FAX # (408) 379-2572
Department: Public Works
TRANSMITTAL FROM THE OFFICE OF THE CITY ENGINEER
Attention:
Reference:
SUBJECT:
We are forwarding via: mail__ messenger__ separate cover__
enclosed attached other
The following:
cit of 6g'76
c/o County of Santa Transportation E 264~I~! 104
1555 Berger Drive A~ency
San Jose, CA 95112
Attn: Ernest A. Figone
APN 413-7-59 & 60 413-7-31 & 32
Escrow No. 900596
o--oo
un~o the City of Campbell, a municipal corporation of the Coun~ ~ :m:
.,
~e The ~actory, LTD a California limited partners~i~,'here~ grant[J~
Santa Clara. State of California
follows: ~'u
Y .....
A portion of that property lying withi, Lots
that certain map entitled. "Subdivision of Campbe]9 and lO. as shown upon
'
Station" which map was filed for record in the Office of the Recorder of
the County of Santa CIar . State of California on January 3.
Book "C" of Maps. at pag~ 49. and more particularly described]888 in
as fo] lows:
Beginning at an ang]e point in the centerline of Central
Avenue, said angle point being 432.70 feet southerly from the
centerline of Campbell Avenue; thence along the centerline of
Central Avenue North O0o 04' 39" West, 8g.83 feet; thence South
74° 05' 25" East, 26.01 feet to the intersection with the
westerly line of that certain parcel of land conveyed to Stanley
Becket and Marjorie Ruth Becket, his wife, as Joint Tenants, by
that certain deed filed for record in Book 8302 of Official
Records, page 526 in the Office of the County Recorder in the
County of Santa Clara, St
~' 39" West alo n ~. ~? o~ C~lifornia; then
POINT n~ .~...,,.~ °"'" -uscer/y line_ ~7 ~ - ~-- ..... -
- -- "'~*.~lNU; th .... u~ Feet to t
North O0o 4,~:,__.en~? continuing alon . __ he TRUE
c ...... ~- ~ aest, /1 O0 ¢~- *~ g..sa]d westerly'-ll~-e
~,~, Iz. uo feet; thence Sj-+~'~;~[?~? ~orth 8go 55' 21"
thence South 32° 25' 21" "'" ~' J~ J~" East, 48.00 feet;
West 15.00 feet, to a tangent curve
concave to the Northeast having a radius of 4.00 feet; thence
along said tangent curve concave to the Northeast, 6.28 feet,
through a central angle of gO°; thence South 57° 34' 39" East,
7.00 feet; thence South 32° 25' 21" West, 53.00 feet, more or
less to the northerly right-of-way line described, in Book 7 of
Official Plan Lines, page 68, filed in the Office of Recorder of
the County of Santa Clara, State of California, on March 29, lg72;
thence northwesterly along said right-of-way line to the Point
of Beginning.
RECEIVED
F-~=R ,~,, 1979
PUBLIC V;ORKS
ENGINEERING
THE FACTORY, LTD., a California
1 imited partnership
By: BRONDON CORPORATION,
Man~~nera l Partner
,~ ~ .,' ~' .,r
RESOLUTION NO.
BEING A RESOLUTION AUTHORIZING EXECUTION OF A
QUITCLAIM DEED OF A PUBLIC PARKING EASEMENT
AT 300 ORCHARD CITY DRIVE
WHEREAS, the City of Campbell acquired that certain public parking ease-
ment described 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 City of Campbell vacated the portion described in attached
"Exhibit A" by Resolution No. 6682 adopted February 7, 1984;
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of
the City of Campbell as follows:
That the City Council does hereby quitclaim all its interest in the
aforesaid portion of the public parking easement.
PASSED AND ADOPTED this 15th day of Apr±l ,
1986, by the following vote:
AYES:
Councilpersons: Ashworth, Doetsch, Watson, tk)d~rsek, Kotc~ski
NOES:
Councilpersons: None
ABSENT: Councilpersons: None
APPROVED:
ATTEST'
$
Atone O. C~y~e, ty Clerk
~ic~ w ~oto~ski- M~yor
~y. :~l~a*lp~n' IkTe%~cli, Sr., Vice Mayor
THE FORECOli',IG INGtRUM£;YI' IS A TRUE
At'ID CORRECT COPY OF '[HE ORIGINAL
ON FILE IN THIS OFf IC[ff.
ATTEST:.,~NE G. COYt,IE, CITY CLERK
CITY OJ~C.~MPtSELL, ~. ~RNIA
,
MEMORANDUM
TO:
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CA 95008
(408) 866-2100
SUBJECT:
MESSAGE:
LEGAL DESCRIPTION OF BUILDING ENCROACHMENT
A portion of Lot 10 as shown on that certain map entitled "~ubdivision
of Campbell Tract, at Campbell Station", said map being filed for
record at Book "C" of Maps, Page 49, County of Santa Clara, State of
California, on January 3, 1888, more particularly described as follows:
Beginning at the common corners of lots 10 and 11 on the eastern line
of Central Avenue.of the above subdivision;
Thence along the common line to the ~bove parcels North 89 55'21"
East 12.00 feet;
Thence leaving said common line South 57.34'39" East 48.00 feet to
the TRUE POINT OF BEGINNING;
Thence from said TRUE POINT OF BEGINNING South 32 25'21" West 13.63
feet;
Thence North 57 34'39" West 6.29 feet;
Thence North 32 25'21" East 13.63 feet;
Thence South 57 34'39" East 6.29 feet to the TRUE POINT OF BEGINNING.
Said portion containing 85.73 square feet, more or less.
0
,J
CiTY OF CAMPBELL L
70 'North First Street
Campbell, California 95008
TO BE-RECORDED WITI~)UT FEE
SECTION 6103 GOVERNMENT CODE
AT THE REQUEST OF CITY OF CAMPBELL
RESOLUTION NO. 6855
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 NORTH OF ORCHARD CITY DRIVE AND EAST OF CENTRAL
AVENUE
J 074 3Z8
8 645 t6
FILE~ FSR REC~RI~
S~NTA CLARA COUNTY
GEORGE A. NANN
WHEREAS, the City of Campbell acquired that certain public parking ease-
ment described by that certain Grant Deed recorded February 3, 1979, and
filed in Book E264 of Official Records at page 104 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
by the following vote:
AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
ATTEST:
20th day of November , 1984,
Chamberlin, Doetsch, Kotowski, Podgorsek, Ashworth
None
None
APPROVED:
Mayo r
J 074
EXHIBIT A
All that certain real property situate in the City of Campbell,
County of Santa Clara, State of California, described as follows:
BEGINNING at a northwesterly corner of that certain parcel granted
to the City of Campbell by deed recorded in Book E264 of Santa
Clara County Official Records at page 104 on February 2, 1979, said
point being also a point on the easterly line of Central Avenue (50
feet wide);
THENCE North 89° 55' 21,' East,-along the northerly line of said City
of Campbell parcel, 12.00 feet;
THENCE South 57° 34' 39" East, continuing along the northerly line
of said City of Campbell parcel, 40.00 feet to the True Point of
Beginning;
THENCE South 32° 25' 21" West, leaving the boundary line of said
City of Campbell parcel, 15.00 feet;
THENCE along a tangent curve to the left, concave northeasterly,
with a radius of 4.00 feet, through a central angle of 90°, an
arc length of 6.28 feet;
THENCE South 57° 34' 39" East, 8.00 feet to a point of cusp, said
point being also a tangent point in the boundary line of aforesaid
City of Campbell parcel;
THENCE along the boundary line of said City of Campbell parcel, on
a curve to the right that is concave northeasterly and tangent to a
line that bears North 57° 34' 39" West, with a radius of 4.00 feet,
through a central angle of 90°, an arc length of 6.28 feet;
THENCE North 32° 25' 21" East, along the boundary line of said City
of Campbell parcel, a distance of 15.00 feet;
THENCE North 57° 34' 39" West, along the boundary line of said
City of Campbell parcel, a distance of 8.00 feet, to the TRUE POINT
OF BEGINNING.
CONTAINING an area of 152 square feet, more or less.
CAM?~FZ.L
A VENUE
~2. OD
'3 074 ~,~ 330
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L=6.28
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CITY OF CAA4?Z3ELL
ZAWD$ TO ~E VA£AT£L9
Agreement Indemnifying
City Against Disposal of
Potential Contaminated Soil
P ' Works
WHEREAS, ORCHARD CITY PLAZA ASSOCIATES, (hereinafter referred
to as "Owner") is owner of certain real property in the City of
Campbell commonly known as 30? Orchard City Drive, Campbell,
California (hereinafter referred to as "Davis Property");
WHEREAS, the CITY OF CAMPBELL (hereinafter referred to as
"City") is owner of certain real property adjoining the Davis
Property (hereinafter referred to as the "Adjoining Property");
WHEREAS, Owner wishes to remove a concrete bunker and soil
possibly contaminated with hazardous materials from the Davis
Property and portions of the Adjoining Property; and
WHEREAS, Owner wishes to temporarily store some of the removed
soil on the Davis Property and the Adjoining Property;
NOW, THEREFORE, Owner and City, for and in consideration of
each other's mutual promises agree as follows:
1. Owner may temporarily store the removed soil on the
Adjoining Property in accordance with the terms and conditions of
this Agreement;
2. Owner shall d/l/gently apply to, and seek approval from
all appropriate agencies for treatment and/or disposal of the
removed soil; and upon obtaining such approval, Owner shall cause
the soil to be decontaminated and/or disposed with all reasonable
speed and diligence. In any event, Owner shall remove the soil
from the Adjoining Property as soon as it is safe and economically.
reasonably practical;
3. At all times during which the soil is on the Adjoining
Property, Owner shall take any and all necessary measures to
prevent further contamination of the Adjoining Property, or
migration of the contamination in any form, or contact between any
person, animal, or personal property and the removed soil;
4. If in City's sole discretion, the City reasonably
determines, at any time, that Owner has failed to meet the
obligations and standards set forth in Sections 2 and 3 of this
Agreement, City may cause the soil to be disposed of at Owner's
sole cost and expense. In such event, the costs of disposal for
which Owner shall be liable shall include, but are not limited to,
the time and efforts of City personnel, including the City
Attorney, the value of the use of City personnel, including the
City Attorney, the value of the use of City equipment, the Costs
of any necessary independent contractor, and any and all fees and
cost associated with removal, treatment and or relocation of the
soil;
5. Owner shall indemnify, defend and hold City, its
officials, officers, employees, agents, and attorneys, harmless
against any and all claims, demands, losses, actions, causes of
action, injuries to persons or property, deaths or damages of any
kind arising out of, or connected with the negligence or wrongful
act or ommission of Owner in the storage, treatment or disposal of
the aforementioned soil;
6. In performance of this Agreement, time shall be of the
essence;
?. City's waiver of any term, condition or covenant, or
breach of any Xerm, condition or covenant shall not be construed
as the waiver of any other term, condition or covenant or waiver
of the breach of any other term, condition or covenant;
8. This Agreement contains the entire Agreement between City
and Owner. Any prior agreements, promises, negotiations or
representations not expressly set forth in this Agreement are of
no force or effect. Subsequent modifications to this Agreement
shall be in writing and signed by b6th City and Owner;
9. If any term, condition or covenant of this Agreement is
held by a court of competent 3urisdiction to be invalid, void or
unenforceable, the remaining provisions of this Agreement shall be
valid and binding;
10. This Agreement shall be 9overned and construed in
accordance with the laws of the State of California;
il. This Agreement may be executed in counterparts and will
be binding as so executed;
12. In the event that either party is required to obtain the
services of an attorney to enforce the terms of this Agreement, the
prevailing party shall be entitled to recover reasonable costs and
attorney's fees incurred in enforcing such terms.
~3. The undersigned parties acknowledge that they have read
and understood the terms of this Agreement, and reviewed it with
an attorney of their choosing.
Stanley M. Davis
Managing General Partner
Date:
CITY OF
Kevln Du~4~,
City Manager
BAY AREA CONSULTANTS, INC.
Civil Engineering · Land Surveying
· Land Planning
· Development Consulting
LET-I-ER OF TRANSMI'FI'AL
To
· , Date ~ __
"'-? ,C~ [~,.~. d~1--~r~..._ l~--~ ~--~, Project
Attn:
We are forwarding [ ] By Mail
No. Copies Description
Job No.
[ B~y Messenger
[ ] By FAX [ ] Federal Express
Remarks
This material is sent for
940 Saratoqa Avenu,' ~it¢ 240 Sari Jose, CA
(408) 247-28 I I
LEGAL DESCRIPTION OF BUILDING ENCROACHMENT
A portion of Lot 10 as shown on that certain map entitled "Subdivision
of Campbell Tract, at Campbell Station", said map being filed for
record at Book "C" of Maps, Page 49, County of Santa Clara, State of
California, on January 3, 1888, more particularly described as follows:
Beginning at the common corners of lots 10 and 11 on the eastern line
of Central Avenue~of the above subdivision;
Thence along the common line to the ~bove parcels North 89 55'21"
East 12.00 feet;
Thence leaving said common line South 57 34'39" East 48.00 feet to
the TRUE POINT OF BEGINNING;
Thence from said TRUE POINT OF BEGINNING South 32 25'21" West 13.63
feet;
Thence North 57 34'39" West 6.29 feet;
Thence North 32 25'21" East 13.63 feet;
Thence South 57 34'39" East 6.29 feet to the TRUE POINT OF BEGINNING.
Said portion containing 85.73 square feet, more or less.
~::~u _c~ . ! ? 8g:' 1 ~, : 14 O 0 O O b'I~-TA~OPOL ! :5 k.,I£ST 4 O~, ';'47-- ! I ';'4 F' .
METROPOLIS WEST
357 EAST TAYLOR
SAN JOSE, CA 95112
PHONE (408) 947-1000
FAX (408) 947-1194
FACSIMILE COVER SHEET
RECEIVED
Au~ ~. 7 1~9
P ' - Work& A~winistra/~ofl.
PLEASE TRANSMIT THE FOLLOWING TO:
TOTAL NUMBER OF PAGES INCbUDING THIS COVER SHEBT:
DATE OF TR~SMiSS~ON: ~'/q'~
OUR 0~FICE AT (408) 947-1000.
8888 METROPOLIS PJEST 408--~47-- 11~4
CAMPBELL
AVENUE
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LEGAL . DESCRIPTION_
SITE .---'
ENGINEER'S CERTIFICATE