251 Llewellyn Ave. (80-9)
MEMORANDUM
To:
BUILDING DEPARTMENT
From: PUBLIC WORKS DEPARTMENT
CITY OF CAMPBELL
Date: -p(' c. .:_ r i( f, c
Subject: PUBLIC WORKS DEPARTMENT REQUIREMENTS
The requirements of the Public Works Department have been satisfied for
the following developmen~:
, r. \ I
APPLI CANT t::J1.: t, i I . L-\
\
BUILDING ADDRESS Z..f; I
COUNTY ASSESSOR'S
PARCEL NUMBER
APPROVAL NUMBER
PUBLIC WORKS FILE NUMBER
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JOSEPH ELLIOTT
DIRECTOR OF PUBLIC W~KS
By: .tL~A.~ C-L" l1.~./.v ~f
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Da te : i / L -. -2."3 - f (/
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CITY OF CAMPBELL
70 NORTH FIRST STREET
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
Department:
Public Works
October 10, 1990
Mr. Vince Bradley
Eastfield Ming Quong
251 Llewellyn Avenue
Re: 40 Foot Reserved Strip
Dear Mr. Bradley
Recently you spoke with several people on the City staff concerning.
the City's position regarding the 40 foot strip along the northerly
boarder of your property. Bill Helms, Engineering, Manager asked me
to respond to your inquiry.
Attached is a copy of the recorded document that contains the
agreements reached in 1987 between the City and Eastfield Children's
Center.
Basically we are agreeable to Eastfield's acquiring the strip and
using it for parking. Any other use would require prior approval of
the City.
If the strip is needed to construct the loop interchange, Eastfield
will dedicate it but will not be responsible for any of the cost of
building the roadway. We will reimburse Eastfield for any parking
facilities installed in the dedicated area.
If you have any further questions please give us a call.
Sincerely:
James Penoyer
Engineering Technician
9606178
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- TO B.E P.ECORDED W1TFOUT FE!: ~O
~EC ",ION 6103 GOVER:-mE>U CODI:! ^
.0\.1 if;:: K(:;QUEST OF CITY OF CAMPBf:':' '<'~~
/ .
;"-' OITY OF CAMPBEl~
r 70 North First Street
..... Campbell, California 95003
AGREEMENT
K450PA6E
THIS AGREEMENT is made and entered into this 20th
day of
October 1987, by and between the Home of Benevolence of San
Jose, Inc., a California nonprofit corporation, also known as
Eastfield Children's Center, hereinafter referred to as
"Eastfield," and the City of Campbell, a municipal corporation of
the County of Santa Clara, State of California, hereinafter
referred to as the "City."
Recitals
WHEREAS, Eastfield wishes to acquire by way of gift and
donation an approximately 40 foot strip of real property (the "40
Foot Strip") located adjacent to the north boundary of its
property commonly known as 251 Llewellyn Avenue, Campbell,
California (the "Eastfield Property"). The 40 Foot Strip is more
particularly described in Exhibit A hereof.
WHEREAS, the fee title owners and other persons known to have
an interest in the 40 Foot Strip wish to donate the 40 Foot Strip
and/or their interest therein to Eastfield as a gift subject to
easements of record and the provisions of this Agreement.
WHEREAS, the 40 Foot Strip is located in the City of
Campbell, and the City entered into an agreement on January 14,
1974, with the then owner of the 40 Foot Strip and contiguous real
property to the north thereof, Ziegler Development Corporation,
concerning the development of the property owned by Ziegler and
affecting the 40 Foot Strip (the "Ziegler Agreement"). The
Ziegler Agreement was recorded in the offices of the Santa Clara
County Recorder on or about January 25, 1974, in Book 0739 at Page
566.
WHEREAS, Ziegler Development Corporation recorded a parcel
map to the property and affecting the 40 Foot Strip on or about
June 6, 1974, in Book 341 of Maps at Page 22. A copy of said map
is attached as Exhibit B hereof. Said parcel map contains a
statement that the 40 Foot Strip is reserved for future dedication
to the City of Campbell.
WHEREAS, the Ziegler Agreement provides In part that ziegler
Development Corporation shall provide and construct and/or install
public street improvements at its own cost and expense upon the
proposed street right-of-way on the 40 Foot Strip.
Agreement further provides as follows:
The Ziegler
"7. It is further agreed to that
the public street improvements to be
provided and constructed and/or installed
upon the real property described upon
said "Exhibit A" [describing the 40 Foot
Strip] shall be provided and constructed
and/or installed as an auxiliary to, in
conjunction with, and at the time when
the grade separation structure at the
intersection of Hami 1 ton Avenue and San
Tomas Expressway is constructed by the
County of Santa Clara, State of
California. This paragraph shall be null
and void in the event that the
construction of said grade separation
structure shall not have commenced prior
to the year 1981. It is further agreed
to that a traffic index of 8 shall be
used for the determination of the
structua 1 section of the paved roadway;
that the standard specifications and the
standard details to be used shall be
those approved for use by the City of
Campbell at the time of the date of this
Agreement; that width of the roadway,
back of curb to back of curb sha 11 be
forty (40) feet."
WHEREAS, Eastfield wishes to
develop it for
the City in the
acqulre
the
40 Foot Strip and
parking lot purposes and to clarify the rights of
40 Foot Strip.
2
WHEREAS, the City wishes to assist Eastfield in acqu1r1ng the
40 Foot Strip and developing it for parking lot purposes but to
reserve unto the City the right to take the 40 Foot Strip for use
as a street as an auxiliary to and in conjunction with the grade
separation structure at the intersection of Hami 1 ton Avenue and
San Tomas Expressway if and when said grade separation structure
is constructed by the County of Santa Clara, State of California.
WHEREAS, the parties wish to enter into this Agreement in
order to define their rights and obligations with respect to the
40 Foot Strip.
NOW, THEREFORE, THE PARTIES AGREE as follows:
1. The City consents to Eastfield taking title to the 40
Foot Strip and to the grant by way of gift by parties having an
interest in the 40 Foot Strip to Eastfield.
2. The City consents to Eastfield developing the 40 Foot
Strip for parking lot purposes. Eastfield may develop the 40 Foot
Strip for other purposes only with the written consent of the
City. Eastfield shall submit an application to the City for
modifications to the existing Planned Development and Use Permit
approvals prior to commencement of any improvements in the 40 Foot
Strip.
3. In the event that the 40 Foot Strip or any part thereof
1S required for a street or roadway as an auxiliary to and in
conjunction with a grade separation structure at the intersection
of Hamilton Avenue and San Tomas Expressway if said structure 1S
ever constructed by the. County of Santa Clara, State of
California, then and in that event, Eastfield shall dedicate and
convey at no cost to the City the 40 Foot Strip, or the portion of
it so required for said purposes, to the City, subject to the
following:
3
a. Eastfield shall be under no obligation to construcL
or install any improvements upon the 40 Foot Strip for such
roadway purposes, and it shall not be required to remove any
improvements that it has placed upon the 40 Foot strip.
b. The City shall pay to Eastfield the replacement
value of the improvements made by Eastfield and located on
the 40 Foot Strip and the reasonable landscaping and related
costs of Eastfield associated with severing the 40 Foot Strip
from the Eastfield Property.
c. In the event that after the 40 Foot Strip lS
conveyed to the City it is not used for roadway purposes as
an auxiliary to and in conjuction with the grade separation
structure at the intersection of Hamil ton Avenue and San
Tomas Expressway for a period of thirty-six (36) consecutive
months, the 40 Foot Strip shall revert back to Eastfield (and
in the event Eastfield does not own the Eastfield Property at
tha t time, to the then owner or owners of the portion or
portions of the Eastfield Property adjacent and contiguous to
the 40 Foot Strip in proportion to their respective frontages
along the South side of the 40 Foot Strip), and Eastfield
shall not be further subject to the requirements of this
Agreement to convey the 40 Foot Strip to the City.
d. The requirement that Eastfield convey the 40 Foot
Strip to the City shall end and terminate at the end of 25
years from the date of this Agreement.
4. Eastfield shall not be subject to the ziegler Agreement.
5. This Agreement shall be binding on, and shall inure to
the benefit of, the parties to it and their respective heirs,
legal representatives, successors, and assigns.
4
6. This Agreement constitutes the entire agreement between
the parties pertaining to the subject matter contained in it and
supersedes all prior and contemporaneous agreements,
representations, and understandings of the parties. No
supplement, modification, or amendment of this Agreement shall be
binding unless executed in writing by all the parties.
7. No waiver of any of the provisions of this Agreement
shall be deemed, or shall constitute, a waiver of any other
provlslon, whether or not similar, nor shall any waiver constitute
a continuing waiver. No waiver shall be binding unless executed
in writing by the party making the waiver.
8. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the
remaining provisions shall nevertheless continue 1n full force
without being impaired or invalidated in any way.
9. If any legal action or other proceeding 1S brought for
the enforcement of this Agreement, or because of an alleged
dispute, breach, default, or misrepresentation 1n connection with
any of the provisions of this Agreement, the successful or
prevailing party shall be entitled to recover reasonable
attorneys' fees and other costs incurred 1n that action or
proceeding, 1n addition to any other re I ief to which it may be
entitled.
10. Each party to this Agreement agrees to perform any
further acts and to execute and deliver any documents that may be
reasonably necessary to carry out the provisions of this
Agreement.
11. Nothing in this Agreement, whether express or implied, 1S
intended to confer any rights or remedies under or by reason of
this Agreement on any persons other than the parties to it and
their respective successors and assigns, nor is anything in this
5
Agreement intended to relieve or discharge the obligation or
liability of any third persons to any party to this Agreement, nor
shall any provisions glve any third persons any right of
subrogation or action over or against any party to this Agreement.
12. This Agreement has been negotiated at arm's length and
between persons sophisticated and knowledgeable ln the matters
dea 1 t with in this Agreement. In addition, each party has been
represented by experienced and knowledgeable legal counsel.
Accordingly, any rule of law (including Civil Code ~1654) or legal
decision that would require interpretation of any ambiguities in
J,...l-.':_
NO. 201
GENERAL ACKNOWLEDGMENT
State of California
On this the 30thdayof
October
87
19_. before me,
County of Santa Clara
}~.
Sharon A. Norman
the undersigned Notary Public. personally appeared
OFFICIAL SEAL
SHARON A. NORMAN
. NOTARY PUBUC. CAliFORNIA
SANTA CLARA COUNTY
My Comm. EJCpires Nov. 16, J 990
Mirh;1pl 1': Fox
o
He
subscribed to the
executed it.
-c.
NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd. . F.O, Box 4625 . Woodland Hills. CA 91364
7110122
NO. 201
GENERAL ACKNOWLEDGMENT
State of __California
On this the 3iltlday of
October
19M, before me,
County of
Santa Clara
} 55.
Sharon A. Norman
the undersigned Notary Public, personally appeared
Hannah S. Comiskey
_OFFICIAL SEAL
. SHARON A. NORMAN
. NOTARY PUBliC - CAliFORNIA
, SANTA CLARA COUNTY
I ...," My Comm. Expires. No", 16. 1990
personally known to me
1S subscribed to the
She executed it.
~
"lATIONAL NOTARY ASSOCIATION' 23012 Ventura Blvd, . F.O. Box 4625 . Woodland Hills. CA 91364
~10 122
EXHIBIT "A"
BEGINNING at the most southerly westerly corner of Parcel A of
that Parcel Map filed on June 6, 1974 in Book 341 of Maps at page
22 in the office of the Recorder of the County of Santa Clara,
State of California;
THENCE
of 1 and
CITY OF
o II
South 89 22' 54 East along the northerly line of a strip
titled "40 F~ STRIP RESERVED FOR FUTURE DEDICATION TO THE
CAMPBELL" 231.88 feet;
THENCE along a tangent curve, concave northwesterly, with a
radius of 40 feet, through a central angle of 900 07' 04" an Cl.rc
length of 62.91 feet to a point of cusp;
o
THENCE South 00 30' 02" West, along the westerly line of
LLewellyn Avenue as said avenue is shown on the aforesaid Parcel
Map a distance of 80.08 feet;
THENCE North 89Cl 22' 54" West, along the southet-l y 1 i ne of sai d
40 foot strip, said line being also the northerly line of that
certain 5.303 acre parcel shown on that certain Record of Survey
of the lands of Eastfield filed in the office of the Santa Clara
County Recorder on November 7, 1957 in Book 87 of Maps at page
56, a distance of 547.47 feet to the easterly line of San Tomas
Expressway as shown on that Record of Survey filed in Book 175 of
Maps at page 29 in the office of the Santa Clara County Recorder;
THENCE North 010 14' 49" West, along the easterly line of San
Tomas Expressway, 78.74 feet to a point of cusp;
THENCE along a tangent curve, concave northeast, with a radius of
40 feet, through a central angle of 880 08' 05" an arc length of
61.53 feet to a point of tangency;
THENCE South 890 22' 54" East a distance of 238.00 feet to the
POINT OF BEGINNING:
CONTAINING an area of 0.518 acres more or less.
tiOGE. FENTON. JONES & ApPEL. 11-.....10
ATTORNEYS AT LAW
AU::XANOEA ,., STUART
L",,.RV E. ~"'YE$
CL....YTON U. MALL
RUTH L. STALLKN[CHT
NANCY P TOSTItVIN
olANI[ C. OECKAI'tC
DAVID A, WILLOUGHBY
JI[ANNE CONNQLL Y DEAN
f:tAUL W. BRItEN
......Rt( H. JOHNSON
"~EDRICK L. KENNI...ER
JAY". ...IEATT
MARY LYNNE T""AXTER
BRADLEY A, eENING
Plo41llP L. O",I:GORY, JR
..OBERT W. CULLEN
CAVID M. CUMBERLAND
RONALD C. LONG
""AAK A. CAMERON
SANDA A R. AUPP
SCOTT A. MOSKO
BRUCE A. CIoIOY
STEVEN II. OIPPItLl
JOYCE O. ANDREWS
ROBERT 5. LUTHER
PATRIC.A GREEN AOE
JOHN 5. 8"'IOOIE$
CAVID D. CAVillCD
AOBEAT J. BRAT.ERG
ANTOINETTE: G. MILLS
SIXTY SOUTH MARKET STREET
SAN JOSE. CALIFORNIA 9511:3-239<-l
(408) 287-9501
TELECOPIER (408) 287-2583
MONTEREY O'-FICE
P. O. BOX 7!illl
MONTEREY. CALIFORNIA "3"....2-07QI
(408) 373-12....1
TELECOPIER (408) 373-1241
..J. HAMPTON HOOlE (188~-le77)
EDWIN 0, ..JONES. JR. (l5U9-1985)
LEWIS L. FENTON
..JO"'N W. ...PPl!:L
CH"'RLES .... BROCK
CHARLES H. PAG[
H. T, MORROW
JAMl:S .. I:GGEIIItT
...HILIP YOUNG
JOMN l. MENOR Y
ALDIEN [. DANNER
CH"'RLES R. KIELLER
WILLI"''''' ..J. ELFVING
R...ND"'LL E. WILLOUGHBY
HOWARD R. LLOYD. ..JR
RONALD M, WIo4YTE
MICHAEL D. McSWEENI[Y
RAYMOND W. HAWORTH
GER"'LD V. ....AAON
NOLAN ,... KENNEDY
THOM"'S HA DENVER
IIolICHAEL M. .A"'OSHAW
CH...RLES R. DE...N. ..JA
.AICK E. MciNTOSH
RONALD F, SClo40LL
PAUL 104, COFFI[E
THOM"'S 104, ..JA",ISON
M"'RK E. O...VIS
MICHAt:L G. OESM...R...IS
SUS"'N ..., OAUPIo4INE
DANA CHANEY
........T... .... ELLIOTT
STEPHEN S. McCR"'Y
......RK L. STROMIISOTNE
SAN LUIS OBISPO OFFICE
1043 PACIFIC STREET
SAN lUIS OBISPO, CALIFORNIA "3401
(805) 544-3830
October 5,
1987
Bill M. Helms
Engineering Manager
City of Campbell
70 North First Street
Campbell, CA 95008
Re:
40
Our
Foot Strip
File: 3102.11516
Dear Bill:
Enclosed is
between the
strip. The
including:
the original and one copy of the revised agreement
City of Campbell and Eastfield regarding the 40-foot
revision includes the changes we discussed last week,
1. Adding the sentence drafted by Bill Seligmann to
paragraph 2.
2. Clarifying in paragraphs 3 that the strip will be
dedicated to the City at no cost.
3. Deleting paragraph 3(c) regarding rights of ingress and
egress.
4. Extending the construction commencement deadline from 12
months to 36 months in paragraph 3(d).
I would appreciate your presenting
consideration as soon as possible.
you have each copy of the
notarized appropriately.
notary, however.
the agreement for the council's
Upon approval I would ask that
indicated and
forms for the
agreement signed as
I have not attached
Bill M. Helms
October 5, 1987
Page two
If you then could send me both signed, notarized copies, I will
have them signed and notarized by Eastfield, returning one copy to
you.
Thank you for your help. If you have any questions, plese call.
Very truly y, ur~
'\JON~ & AP~, INC.
,/)/ .#
C,. {. /t~
,.. ((/ r - (L/A- t.~ ~ ---C--
t. ".-
~ ephen S. McCray
HOGE,
By
SSM/mrj
Enclosures
/
"
cc: William R. Seligmann, Esq.
City Attorney
(w/enclosure)
~
.
-
I
..
LAW OFFICES OF
DEMPSTER, McDoNALD & SELIGMANN
AN ASSOCIATION OF ATTORNEYS
CUPERTINO TOWN CENTER
20370 TOWN CENTER LANE - SUITE 245
CUPERTINO, CALIFORNIA 95014
(~){F.OOHY I>, MI:OONALI>
'408' 252-1111
WILLIAM R SF:LIOMANN
J. ROBRHT DEMPS'l'EH
OF COUNSEL
1 October 1987
Mr. Stephen S. McCrey
HOGE, FENTON, JONES & APPEL, Inc.
Sixty South Market Street
Sen Jose, California 95113-2396
Re: Forty-foot Stri~ of Land Adiacent ~
Eastfield Children Center
Your File No. 3102.11516
Dear ~r. McCray:
In accordance with our meeting on September 29, 1987, I
have prepared an Amendment to Paragraph two (2) of your client's
proposed Agreement. This Amendment would consist of addi\ion of
the following sentence:
"Eastfield shall submit an application to
the City for modifications to the
existin8 Planned >>ey.lopa.nt and U..
Parmit approyals prior to COIl..ncelleat of
an" improv..ents in said forty-foot
8trip~tt
This Amendmenl only seryes to ~.lIorialize your clieat'.
obltsation UDder the 8oniaB.title oitha CaapHl1 Municipal Code.
.l A. I under8.ta.df.roll our 1I,..tl0" YOti will ".....Dd1al
".,.r.sraph three (3) to t.cttcat. that the dedication..of.'.".rty-
foot. .t.rtp would be at DO c.at to the CityJ...d'.....tl1....1.
1'..,181.. paraaraph 3... to lnd icate a tille 11.i t: of thtrty-...~
(36) aonth.. rather 'than tvel ve., (12) months. Like"i.....s ',),.
.'1.c....d " ,,~1..C. the ~1't1 of C~lIpbe 11 wi 11 not h;'" e any 'COlttro 1
oyer ,1Rlr..s .,nd.gres.~o th.e'l'ilht-of-vay to b$ co..t...et..i.
the forty-foot atrip.jala8I'a"h S.c. ts to b. del.t.4.
" . "f ; ....
:..,,:'1,-,'-...,
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e
I
I
Letter to
Mr. McCray
1 October 1987
Page 2
Your cooperation in these matters has been greatly
appreciated; and should you need to review any of these matters
with me, please do not hesitate to contact my office.
Sincerely,
WILLIAM R. SELIGMANN
City Attorney of Campbell
WRS/jar
cc: Bill Helm,
Public Works Department
..
tlOGE, FENTON, JONES & ApPEL, I~G.
ATTORNEYS AT LAW
SIXTY SOUTH MARKET STREET
SAN .JOSI<;. CALIFOHNIA 9:'>1I3-2:3DO
J. I-lAMPTON I-lOGE (ISeg-ISt77)
EDWIN D. JONES. .,JR. (1919-1965)
LEWIS L. FENTON
JOI-lN W. APPEL
CHARLES H. BROCK
CHARLES H. PAGE
H. T, MORROW
JA.MES 9 EGGERT
PI-IILIF> YOUNG
..JOI-lN l. HENDRY
ALDEN E. CANNER
CMARLES R. KELLER
WILLIAM .). ELF'VING
RANDALL E. WILLOUGHBY
I-lOWARO Ft. LLOYD, JR
RONALD M. WHYTE
MICI-lAEl D. ,",cSW[EN[Y
RAYMOND W. MAWORTH
GERAI.O V. BARRON
NOl.AN M. KENNEDY
THOMAS HR DENVER
MICHAEL M. BRADSHAW
CMAAlES R. DEAN, ...1Ft
BRICK E. MclNTOSI-4
RONALD F. SCHOLL
PAUL H. COFFEE
THOMAS H. JAMISON
MARK E. DAVIS
MICHAEL G, DESMARAIS
SUSAN M. DAUPHINE
DANA CHANEY
MARTA A, ELLIOTT
STEPHEN S, McCRAY
MARl'< l. STROMBOTNE
MONTEREY OFFICE
p, Q. BOX 791
(408) 287-9501
TElECOPIER (408) 287-2583
MONTEREY. CALIFORNIA 93942-0791
(408) 373-1241
TELECOP1ER (408) 373-1241
ALEXANDER F. STUART
LARRY E. HAYES
CLAyTON U. HALL
RUTH L. STALLKNECIH
NANCY P. TOSTEVIN
DIANE C. DECKARD
DAVID A. WILLOUGHBY
JEANNE CONNOLLY OEAN
PAUL W. BREEN
MARK H. JOHNSON
FREDRICK L. KENNIFER
JAY A. ....IEATT
MARY LYNNE THAXTER
BRADLEY A. BENING
PMILIP L. GREGOR:Y. JR
ROBERT w. CULLEN
DAVIO M. CUMBERLAND
R:ONALD C. LONG
MARK A. CAMERON
SANDRA R. RUPP
SCOTT R. MOSKO
BRUCE A. CHOY
STEVEN B. DIPPELL
JOYCE D. ANDR:EWS
ROBERT 5 LUTHER
PATRICIA GREEN ROE
JOHN S. BRIDGES
DAVID D. CARICO
ROBERT .J. BRATBERG
ANTOINETTE: G MILLS
SAN LUIS OBISPO OFFICE
1043 PACIFIC STREET
SAN LUIS OBISPO. CALIFORNIA 93401
(805) 544-3830
June 29, 1987
RECEIVED
JUl 02 1987
PUBLIC WORKS
ENGINEERING
Mr. Bill M. Helms
Engineering Manager
City of Campbell
70 North First Street
Campbell, CA 95008
Re:
40 Foot Strip of Land Adjacent to Eastfield Children's Center
Our File: 3102.11516
Dear Mr. Helms:
Pursuant to our telephone conversation on June 11, 1987, I have
drafted a proposed agreement between the City of Campbell and
Eastfield Children's Center with respect to the 40 foot strip of
land located adjacent to the north boundary of Eastfield's
property on Llewellyn Avenue. I take no pride of authorship ln
this draft and submit it as a discussion document.
In preparing the draft several additional issues occurred to me
that we had not previously discussed, and I have tried to deal
with them in the draft. In particular, I wanted to agree on some
outside termination date for the taking of the strip for roadway
purposes and arbitrarily selected 25 years. Further, if the strip
is taken and Eastfield must move its parking lot, Eastfield would
like ingress and egress access to the roadway built on the 40 foot
strip. Finally, Eastfield feels strongly that although it would
not expect compensation for the land if it is taken, it should at
least be compensated for its costs in replacing the improvements
on the land which is taken. I have tried to include a provision
encompassing this concept.
Mr. Bill M. Helms
June 29, 1987
Page two
After you have had an opportunity to review this draft please let
me know so that we may discuss it further.
Thank you for your assistance and cooperation in this matter.
Very truly yours,
;PP:I/
By
..-,.,,--,_.~.
, -
'---
AED/mrj
Enclosure
cc: Mr. Keith Richardson
(w/o enclosure)
,-)
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<',,',~V
~,<J f, v~
_...~ .'"
,.. L~i0LU
liOGE, FENTON, cJONES & ApPEL, IN~.
ATTORNEYS AT LAW
SIXTY SOUTH MARKET STREET
SAN ,lOSE. CALIFORNIA D51l:).2:3\)(;
MONTEREY OFFICE
.,). H.........PTON 1-40GE (1889-1977)
EDWIN D. JONES. JR, (1919-1985)
L.EWIS L. FENTON
JOHN W, APPEL
CHARLES H. BROCK
CHARLES I-l. P....GE
H. T. MORROW
JAMES B. EGGERT
PI-tILlP YOUNG
JOHN l. IolENDRY
AL.OEN E DANNER
CHARLES Fl. KELLER
WIL.LlAM .,). ELP'"V1NG
RANDALL E. WILLQUGI-IBY
HOWARD Fl. LLOYD. JR
RONALD M. WHYTE
MICHAEL O. McSWEENEY
RAYMOND W. I-lAWORTH
GERALD V. BARRON
NOLAN M. KENNEOY
THOMAS HI;! DENVER
MICHAE.L M. BRADSHAW
CI-lARLES Fl. DEAN. JR
BRICK E. MciNTOSH
RONALD 11'". SCHOLL.
PAUL. H. COFFEE
THOMAS H. JAMISON
MARK E. DAVIS
MICHAEL G. DESMARAIS
SUSAN M. OA,UPI-lINE
DANA CHANEY
MARTA A. ELLIOTT
STEPHEN S. McCRAY
MARK L.. STRDMBOTNE
ALEXANDER F. STUART
L.ARRV E HAVES
CL......VTON U, HALL
RUTH L, STALLKNECHT
NANCY p, TOSTEVIN
DIANE C. DECKARD
DAVID A. WILL.OUGHBY
JEANNE CONNOL.LY DEAN
PAUL W BREEN
MARK 1-1. JOHNSON
F"REDRICK L. KENNIFE~
JAY A, HIEATT
MARY LYNNE THAXTER
BRADLEY A. BENING
PHILIP L. GREGORY, JR
ROBERT W, CULLEN
D.....VID M. CUMBERLAND
RONALD C LONG
MA~K A. CAMERON
SANDRA R. RUPP
SCOTT R. MOSKO
BRUCE A, CHOY
STEVEN e, DIPPELL
JOYCE D, ANDREWS
ROBERT S. LUTHER
P.....TRICIA GREEN ROE
JOHN S BRIDGES
DAVID D, CARICO
ROBERT J BRATBERG
ANTOINETTE G, MILLS
(408) 287-9501
TELECQPIER (408) 287-2583
p, O. BOX 791
MONTEREY, CALIFORNIA 93942-0791
(40a) 373-1241
R Ii: C E ! V E D TELECOPIE" (406) 373-'241
MAY 2 2 1987
SAN L.UIS OBISPO, CALIFORNIA 93401
1987 PUBLIC WORKS
ENGINEERING
SAN LUIS OBISPO OFFICE
1043 PACIFIC STREET
(aos) 544-3830
May 21,
CD rn::sp.
Mr. Bill M. Helms
Engineering Manager
City of Campbell
70 North First Street
Campbell, CA 95008
Re:
40
Our
Foot Strip of Land Adjacent
File: 3102.11516
Eastfield Children's
Center
to
Dear Mr. Helms:
It was a pleasure meeting with you and Mr. Stafford on May 19,
1987, with respect to the above-referenced property.
This will confirm that you are going to confer with the City
Attorney with respect to an agreement whereby either (1) Eastfield
becomes the title holder to the property subject to the obligation
to transfer it to the City or Santa Clara County for road access
to San Tomas Expressway or (2) the City becomes title holder to
the property and agrees to let Eastfield use the property in
perpetuity subject to the right of the City to terminate the
agreement if the property is needed for road access to San Tomas
Expressway. In either case, Eastfield would be reimbursed for its
improvement costs on the property on a pro rata basis if it is
taken for road access purposes within 15 years.
I am conferring with Eastfield with respect to this proposal and
will be back in touch with you when I have their comments.
Thank you for your assistance and cooperation in this matter.
AED/mrj
HOGE,
Very truly
/
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By
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City 0/ CampbtJ/
75 NORTH CENTRAL AVENUE
_PBELL. CALIFORNIA 95008
PHONE 378-8141
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FROM
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SUBJECT C
C-a: .
MESSAGE
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REPLY
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SIGNED
DATE -g--h
CONSTRUCTION COST ESTIMATE FOR
LA II 1''\ €:"R.
fiASTF\r=:L05
AVE:
CH ILO. flOM/E
Date 12 - / y- - V"o
By ),~
Surface Construction
Clearing and Grubbing Lump Sum $ "2.~O
Sawcut Concrete L.F. (!l $ 3.50
Concrete Removal S.F. @ 2.50
Curb and Gutter Removal L. F. (!l 8.00
Inlot Drain with Pipe EA. (!l 400.00
Curb and Gutter j04 L.F. @ 10.00 I 040
Sidewalk 4l,Cj S.F. @ 4.00 Jt"7~
Driveway Approach S.F. @ 6.00
Handicap Ramp EA. @ 600.00
Barricade L.F. @ 20.00
A.C. Pavement inc. Excavation () ~ 7 YS.F.) ($0.30) (-2-") ":J 1~4
Adjust Manhole to Grade l EA. @ 300.00
Adjust Handhole to Grade EA. @ 200.00
Monument Box w Monument EA. @ 300.00
Street Tree (15 gallon) "2- EA. @ 100.00 7.00
Pavement Striping L.F. @ 0.50
Pavement Legends EA. @ 50.00
Stop, Street Name or Other Sign EA. @ 70.00
Pavement Markers EA. (!l 6.00
7 "31'0
Street Lighting
E1ectro1ier EA. @ 2,200.00
Conduit L.F. @ 9.00
Conductor, pair L.F. @ 3.00
Pull Box EA. @ 250.00
Storm Drainage
12" or 15" RCP L.F. @ 35.00
18" or 21" RCP L.F. @ 40.00
Street Inlet EA. @ 1,000.00
Manhole EA. @ 1,200.00
Break and Enter Manhole EA. @ 500.00
TOTAL ESTIMATE
USE FOR BOND
$73/ft>
$ 7 5"l>O
Revised 11-04-80
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3711 SAN FELIPE ROAD
TtLEPHONE
(408) 274-3140
R. L. CARROLL
GENERAL CONTRACTOR
Stale License No. 83551
SAN JOSE, CA 95135
December 17. 1980
City of Campbell
75 N. Central Ave.
Campbell, CA 9500b
Attnl Bill Helms
Public Works Department
Subjl Eastfield Children's Center
Dear Sir I
Per our discussion this date. our estimated
cost for offsite improvements for subject
project is $5,500.00.
Sincerely,
~ ,'"'
1:'// J
~u &t4-0L
Dan Carroll
DC/ cms
>:;'J:_
(-
CITY OF CAMPBEll
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75 NORTH CENTRAL AVENUE
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 378-8141
Department:
Planning
April 17,1980
Hawley, Stowers & Associates
1978 The Alameda
San Jose, CA 95126
RE: UP 80-9
251 Llewellyn Avenue
Gentlemen:
Please be advised that the Planning Commission, at its meeting of
April 15, 1980, adopted Resolution No. 1892 approving your request
for a use permit and approval of plans to construct a classroom
building and an administration and therapy office building on
property known as 251 Llewellyn Avenue.
Enclosed are your copies of the approved plans and Resolution
No. 1892. If you have any questions regarding this matter, please
call the Planning Department at your earliest convenience.
Sincerely,
ARTHUR A. KEE
PLANNING DIRECTOR
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GERALD L. HOBRECHT .J/~
PLANNER I
ld
Enclosures
RESOLUTION NO. 1892
After notification and public hearing as specified by law on the application
of Hawley. Stowers and Associates for a use permit and approval of plans to
construct a classroom building and an administration and therapy office
building on property known as 251 Llewellyn Avenue in a P-F (Public Facilities)
Zoning District, as per application filed in the Office of the Planning Depart-
ment on March 19, 1980, and after presentation by the Planning Director.
proponents and opponents. the hearing was closed (UP 80-9).
After due consideration of all evidence presented, the Commission did find
as follows:
That the establishment. maintenance, and operation of the proposed
use will not be detrimental to the health. safety. peace. morals.
comfort. or general welfare of persons residing or working in the
neighborhood of such use, or be detrimental or injurious to the
property and improvements in the neighborhood or the general welfare
of the City.
Based on the above findings. the Planning Commission does hereby grant the
requested use permit subject to the following conditions:
1. Revised site plan to be approved by the Planning Director
upon recommendation of the Architectural Advisor.
2. Applicant to either (1) post a faithful performance bond in
the amount of $3,000 to insure landscaping. fencing. and
striping of parking areas within three months of completion
of construction, or (2) file written agreement to complete
landscaping. fencing and striping of parking areas prior to
final Building clearance.
3. All mechanical equipment located on roofs to be screened as
approved by the Planning Director.
4. Metal storage shed to be removed from parking area.
5. Building occupancy will not be allowed until public improvements
are installed.
6. Applicant to require staff parking in the northwest parking
lot and to reserve sufficient visitor parking in the parkinq
lots with access to Llewellyn Avenue.
The applicant is notified as part of this application that he/she is required
to meet the following conditions in accordance with Ordinances of the City of
Campbell and Laws of the State of California.
A. All parking and driveway areas to be developed in compliance
with Section 21.50 of the Campbell Municipal Code. All parking
spaces to be provided with appropriate concrete curbs or bumper
guards.
B. Underground utilities to be provided as required by Section
20.16.070 of the Campbell Municipal Code.
Resolution No. 1892
-2-
UP 80-9
C. Plans submitted to the Building Department for plan check shall
indicate clearly the location of all connections for underground
utilities including water, sewer, electric, telephone and tele-
vision cables, etc.
D. Sign application to be submitted in accordance with provisions
of the sign ordinance for all sings. No sign to be installed
until application is approved and permit issued by the Building
Department. (Section 21.68.030 of the Campbell Municipal Code.)
E. 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, manu-
facturing, and construction establishments.
F. 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, enclosure(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.
G. Applicant shall comply with all appropriate State and City
requirements for the handicapped.
PUBLIC WORKS DEPARTMENT
H. Install street improvements along the unimproved frontage of
Latimer Avenue.
I. Pay the plan examination and construction inspection fee.
J. Obtain an excavation permit for all work in the public right
of way.
FI RE DEPARTMEN'(
K. Driveway to be 20 feet of unobstructed width.
L. Provide one private fire hydrant in the vicinity of the new
classroom, capable of delivering 1500 G.P.M.
~1. Provide additonal 12A-10BC" fire extinguishers.
BUILDING DEPARTMENT
N. Roof covering shall be fire retardant.
The applicant is notified that he shall comply with all appropriate Codes
or Ordinances of the City of Campbell which pertain to this development and
are not herein specified.
Resolution No. 1892
-3-
UP 80-9
PASSED AND ADOPTED this 15th day of April, 1980 by the following roll call
vote:
AYES:
NUES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
ATTEST: Arthur A. Kee
Secretary
Pack, Dickson, Kasolas, Kotowski, Campos
None
Myer, Fairbanks
APPROVED: Daniel Campos
Chairman
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January 4, 1974-.....--... - ."
-----.----.-
FIt;.:"
Nil'. Edward Smith
LA WYERS TITLE INSURANCE CORP.
66 North, First Street
San Jose, California 95113
Re: San Tomas Expressway, Hamilcon
A venue and Llewellvn A vel1l:e
. .
Campbell, California
Dear Ed:
Conveyed herewith is a Grant Deed executed by Zieglci.- Develop-
ment Corporation for a 40' wide strip of land running between S<1n r1"omas
Expressway and Llewellyn A venue. This Grant Deed is to be helc in
escrow by your company and shall be recorded only if and when the 1'01-
10\ving occur:
......
1. You are advised in writing by an official of the City of c.::'i1ipbe~1
that funds have been authorized for and construction ~-i~lS acn:'-l~lv com-
menced on a vehicular grade separation ar tbe intersection of S<1n To-
mas E:Kpressway and Hamilton A venue, Campbell, Californic1.
2. A copy of the written notification by the City official is "Co be
provided the undersign"ed promptly upon receipt by yo~r 0;~:2'Lce and
the Deed shall not be recorded for fIfteen (15) days following your
conveyance of said letter to the undersigned.
In the event YOll do not rccei ve the notice refcrrrcd to above by the
City official on or heforeDecember 3], 1980 then the encloseJ Gl.-ant Deecl
is to be marked "void" and returned to the undersigned.
,750 1\ Siree:, NW. Woshlngton. DC 20006 . SUite 200 . PhoCle (202) 833.9690
\'11". Edward Smith
Page Two
.:anuary -1, 1974
Please sign the enclosed copy of this letter acknowledging receipt
of same. I ha ve forwarded a copy of this letter to Mr. Helms at the City
of Campbell and bave requested that be also acknowledge receipt of same
Cind approval of its contents.
Best regards,
Richard T.
cc: Mr. Helms
Bruce Hyman
RTZ/jd
Date
L -7.J 7.--74--
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::',T Cor OIY OF CA.'.r.:':l.t
A G R E E MEN T
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'or.
THIS AGREEMENT, made and entered into this 14th day of
Januarv , 19~i by and between ZIEGLER DEVELOPMENT
CORPORATION, a Delaware Corporation, hereinafter 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 0\ December 12, 1972, apply to
City for a Planned Development District~rmit in order to construct
commercial complex structures upon that certain real property
described upon that certain instrument recorded February 9, 1961,
and filed in Book 5068 of Official Records at page 268 in the office
of the County Recorder of said 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 March 12, 1973, the City
Council of said City did consider said application and did grant
its approval thereon subject to certain conditions thereof as
contained in Ordinance No. 884 passed upon and adopted March 12,
1973, by said City Council~ and,
NOW, THEREFORE, IT IS MUTUALLY AGREED TO by and between the
parties hereto that Owners shall provide and construct and/or
install public street improvements, at their own proper cost and
expense, upon Hamilton Avenue, Llewellyn Avenue, and upon the
proposed street right of way described upon "Exhibit A" hereto
attached and by reference made a part hereof, throughout the
frontage of said real property, which public street improvements
shall consist of, but not be limited to, the following:
FIRST: Provide and construct City of Campbell standard curb
and gutter, commercial sidewalk and driveway approaches, consisting
of Portland Cement Concrete, as shown upon the improvement plans
for said real property approved by the City Engineer of City.
SECOND: Provide and construct City of Campbell standard
pavement structures consisting of untreated crushed rock base course
and asphaltic concrete surface course or approved equivalent in
accordance with said approved improvement plans.
THIRD: Provide and construct City of Campbell standard storm
water inlets, storm sewer manholes, storm sewer mains and laterals
as shown upon said improvement plans.
FOURTH: Grade said real property ln accordance with approved
building plans.
1
1 of 7
r 0739 .,.r~ 567
FIFTH: Provide and install City of Campbell standard street
monument boxes, street name signs, regulatory signs and sign posts
therefor, barricades and redwood headerboards, as shown upon said
improvement plans.
SIXTH: Provide and install City of Campbell standard street
light steel poles, with upsweep bracket arms, luminaires, with
individual integral photoelectric cells, electrical underground
conduits with conductors and junction boxes, all as shown upon said
plans and as approved by said City Engineer.
SEVENTH: Provide and install or cause to be installed, a
water distribution system, including fire hydrants and appurtenances
to serve said real property as shown upon said plans.
EIGHTH: Provide and install a sanitary sewerage system to
serve said real property as shown upon said plans.
NINTH: Provide and install an underground electrical energy
system and an underground telephone system to serve said real
property.
TENTH: Provide and plant street trees of a variety and size
as shown upon the plans and as approved by said City Engineer.
1. It is further agreed to that all of said public street
improvements to be provided and constructed and/or installed upon
the Hamilton Avenue frontage of said real property and upon
Llewellyn Avenue throughout the frontage of said real property
from Hamilton Avenue to a point approximately 550 feet southerly
from the center line of Hamilton Avenue shall be provided and
constructed and/or installed within twelve (12) months from the
date first above written; provided, however, that in the com-
putation 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 included.
It is expressly understood and agreed to that if Owners shall
fail to complete the work required by-this agreement within the
said twelve-month period, that City, after giving a ten (10)
day written notice thereof to Owners, may provide and construct
and/or install all of said improvements and recover the full
cost and expense thereof from Owners.
2. It is further agreed to that Owners shall file with
City, upon execution of this agreement, a bond in the amount of
FORTY-TWO THOUSAND EIGHT HUNDRED DOLLARS ($42,800.00), to insure
the full and faithful performance of the construction of all the
aforementioned public street improvements upon said real property
described upon Paragraph "1", above, excluding sanitary sewers
and water distribution system. Said bonds shall guarantee that
Owners will 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
1
2 of 7
r ()739 rl(r568
labor and materials involved. These bonds shall remain in full
force and effect until one (1) year after the date of final
acceptance of said improvements by City.
3. It is further agreed to that Owners shall deposit with
City, upon execution of this agreement, for office examination of
improvement plans, field examination of improvements, inspection
of construction of improvements, and all necessary expenses
incurred by City in connection with said real property described
upon said Paragraph "1", above, the sum of ONE THOUSAND FOUR
HUNDRED NINETY-EIGHT DOLLARS ($1,498.00).
4. It is further agreed to that the public street improvements
to be provided and constructed and/or installed upon Llewellyn
Avenue from the southerly line of said real property to a point
approximately 135 feet northerly from said southerly property line
shall be provided and constructed and/or installed when Owners are
notified to so provide and construct and/or install by said City.
It is further agreed to that the construction for this portion of
Llewellyn Avenue shall be in accordance with those plans approved
by the City Engineer.
5. It is further agreed to that Owners shall file with City,
upon the execution of this agreement, a bond in the amount of FIVE
THOUSAND ONE HUNDRED DOLLARS ($5,100.00) to insure the full and
faithful performance of the construction of all the aforementioned
public street improvements upon said real property described upon
Paragraph "4", above, excluding sanitary sewers and water distri-
bution system. Said bond shall guarantee that Owners shall correct
any defect in the aforementioned improvements which may appear within
one (1) year from the date of the acceptance of the construction of
the improvements by City and pay for any damage to any other improve-
ments resulting from the construction thereof, as well as paying for
the cost of all labor and material~ involved. This bond shall
remain in full force and effect for one (1) year from the date of
final acceptance of the construction of said public street improve-
ments by City.
6. It is further agreed to that Owners shall deposit with
City upon execution of this agreement, for office examination of
improvements plans, field examination of improvements, inspection
of said improvements to be con~tructed upon the real property
described upon said Paragraph "4.", above, and all necessary
expenses incurred by City in connection with said improvements,
the sum of ONE HUNDRED SEVENTY-NINE DOLLARS ($179.00).
7. It is further agreed to that the public street improvements
to be provided and constructed and/or installed upon the real
property described upon said "Exhibit A" shall be provided and
constructed and/or installed as an auxiliary to, in conjunction
with, and at the time when the grade separation structure at the
intersection of Hamilton Avenue and San Tomas Expressway is
constructed by the County of Santa Clara, State of California.
1"
1
3 of 7
I 0739 t~tt569
This paragraph shall be null and void in the event that the construction of said
grade separation structure shall not have commenced prior to the year 1981.
It is further agreed to that a traffic index of 8 shall be used for the determina-
tion of the structural section of the paved roadway; that the standard specifica-
tions and the standard details to be used shall be those approved for use by the
City of Campbell at the time of the date of this Agreement; that width of the
roadway, back of curb to back of curq shall be forty (40) feet.
It is further agreed to that Owners shall submit improvement plans
prepared by a civil engineer registered by the State of California for the con-
struction of said improvements to be constructed upon said real property
described upon said "Exhibit A", which plans shall be submitted to City Engineer
of City for examination and approval when Owners are notified to submit said
plans by City.
8. It is further agreed to that Owners shall file with City, upon execution
of this Agreement, a bond in the amount of THIR TY - NINE THOUSAND, FIVE
HUNDRED OOLLARS ($39,500.00) to insure the full and faithful performance of
the construction of all the aforementioned public street improvements upon said
real property described upon said "Exhibit A ", excluding sanitary sewers and water
distribution system. Said oonds shall guarantee that Owners will 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
laoor and materials involved. These bonds sj,lall remain in full force and effect
until one (1) year after the date of final acceptance of said improvements by City.
9. It is further agreed to that OWrY2rs shall deposit with City, upon approval
of such plans as called for in Paragraph 8, for office examination of improvement
plans, field examination of improvements, inspection of construction of improve-
ments, and all neces sary expenses incurred by City in connection with said real
property described upon said "Exhibit A" the sum of ONE THOUSAND THREE
HUNDRED EIGHTY-TI-IREE OOLLARS ($1,383.00).
10. It is further agreed to that all of said improvements shall be
constructed and/or installed in accordance with those plans approved by the City
Engineer of the City of Campbell, and shall be made under the supervision and
inspection and to the satisfaction of the City Engineer. It is further agreed to
that said construction and/or installation be in accordance with the existing
ordinances and resolution of the City of Campbell, and to all plans, specifications,
standards, sizes, lines and grades approved by the City Engineer, and all State
and County statutes applicable thereto.
~
11. It is further agreed to that the construction work of the improvements
embraced by this Agreement shall be done in accordance with the Standard Speci-
fications 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 the County of Santa Clara, where
indicated.
.d Af 7
5' C739 tA~f570
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 mentioned, it shall be considered
as referring to the City Engineer.
In the case of conflict between the State Specifications and the
S~ecifications of the City of Campbell and Specifications of County
Sanitation District No. 4 of Santa Clara County, the Specifications
of the City of Campbell and County Sanitation District No. 4 shall
take precedence over and be used in lieu of such conflicting portions.
12. It is further agreed to that Owners shall pay City, upon
the execution of this agreement, for storm drainage area fee in
conformanee with Section 20.16.060 of the Municipal Code of City
and in conformance with Resolution No. 921 of the City Council of
City, the sum of SIX THOUSAND THREE HUNDRED NINETY-EIGHT DOLLARS
($6,398.00) .
It is further agreed to that City reserves the right to revise
the storm drainage system shown upon the approved improvement plans
for said real property provided Owners are given a reasonable written
notice thereof by City or said City Engineer.
13. It is further agreed to that Owners shall file with City,
upon the execution of this agreement, a letter from said Sanitation
District No. 4 of Santa Clara County stating that Owners have
entered into an~reement with said District No.4 to install sanitary
sewers to serve said real property and as otherwise shown upon said
improvement plans 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 "19.",
has been filed.
14. It is further agreed to that Owners shall, upon written
notice thereof, immediately repair or replace without cost or obli-
gation 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
of the public improvements embraced by the agreement.
15. 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 and as otherwise
shown upon said improvement plans 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. Electroliers shall be equipped
with luminaires which include twist-lock receptacles and integral
photocell, as required by Pacific Gas and Electric Company.
~
5 of 7
t 0?39 t~~f 571
16. It is further agreed to that Owners shall pay City, upon
the execution of this agreement, the sum of FOUR HUNDRED SEVENTY-
SEVEN DOLLARS ($477.00) which sum represents the cost for electrical
energy and maintenance of the street lighting system to be installed
upon Llewellyn and Hamilton Avenues as shown upon the improvement
plans. Said fee covers the cost for energy and maintenance until
January 1, 1975, at which time said real property shall be annexed
to the Campbell Municipal Lighting District and be assessed therefor.
17. It is further agreed to that Owners shall pay to the
Campbell Water Company any and all fees required and enter into such
agreement and post and/or file such bonds and make such deposits of
monies with said Campbell Water Company when called upon to do so by
City and/or said Campbell Water Company to insure the furnishing and
installation and/or construction of said water distribution system
and including the furnishing of fire hydrants and appurtenances
to serve said rea 1 property including the furn ishing and insta llation
and/or construction of water mains and fire hydran~ and appurtenance
immediately adjacent to said real property as may be otherwise also
shown upon the improvement plans.
18. It is further agreed to that Owners shall pay to City,
upon the execution of this agreement, the sum of SEVEN HUNDRED EIGHTY
DOLLARS ($780.00) for fire hydrant rental fees.
19. It is further agreed to that any easement and right of way
within or without said real property necessary for the completion of
the construction and/or installation of any and all of the
public improvements embraced by this agreement and as may also be
otherwise shown upon the improvement plans for said real property
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 securing said easement and right
of way, the Owners shall deposit or cause to be deposited with City
a sum covering the reasonable market value of the land proposed to
be acquired 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.
20. 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.
t
21. It is further agreed to that Owners shall indemnify and
save harmless the City of Campbell, the City Council, the City
Engineer, the City Attorney, the City Manager 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 during or arising out of the
construction of th on-site work due to any acts, omissions or
negligence of Owners, their officers, agents, employees or
6 of 7
tl 0739 tl[f672
contractors.
22. This instrument is and shall be considered to be an instru-
ment affecting the right, title, interest in or possession of said
real property.
23. It is further agreed to that the above-named terms and
conditions shall bind the heirs, successors, administrators or
assigns of Owners
IN WITNESS WHEREOF, said City has caused its name to be here-
unto 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. :, ,- J (i' :
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CITY OF CAMPBELL
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APPROVED AS TO FORM:
IJJa-;!~ IH. rk~'~~L ~ ~'"\.I
_ \ Mayor'
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J. Robert Dempster,
City Attorney
DEVELOPMENT CORPORATION,
re orporation
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(Notary Certificate)
4692518
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Ci39 1;1:""'" .~Li) f()l-: RECORD
f.-n VU06. T REQUEST OF
~5151 AM' ~
OFFICII" . :..:.GORDS
SANTA CL. . to, COUNTY
GEORGE, ; /.NN
REGISTF' ,. ~'~CORD:'
7 of 7
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DISTRICT OF COLUMBIA 55:
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ON /!.<-;'--(d~":~/~ uf. ' / j"'/_") , before me, a Notary Public in
and for said District of Columbia, duly commissioned and s'Norn, perscnally
appeared RICHARD T. ZIEGLER, known to me to be the President of Ziegler
Development Corporation, the Corporation described in and that executed
the within and foregoing instrument, and known to me to be the person who
executed the said instrument in behalf of the said Corporation, and he
duly acknowledged to me that such Corporation executed the same.
. 0739 rACE573
IN WITNESS WHEREOF, I have hereunto set my hand and official seal, the day
and year stated in this certificate above.
My commission!
exp ires .. .A/d--.~.,.~::r:. .. ...
17~~0{~~
./ NOTARY PUBLIC
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EXHIBIT "A"
I 0739 rM~574
BEGINNING at a point on the center line of Llewellyn AveD~e
also being the southeasterly corner of that certain parcel of
land conveyed to Charles E. Vonderahe and Ida E~ Vonderahe,
his wife, by that certain Grant Deed Individual recorded
February 9, 1961, in Book 5068 of Official Records at page 268
in the office of the County Recorder, Co~nty of Santa Clara,
State of California;
THENCE, along the southerly line of said parcel of land North
890 22'54" West 30.00 feet to the TRUE POINT OF BEGINNINGi
THENCE, continuing along said so~therly line North 890 22' 54"
West 547.40 feet to a point in the easterly line of the San Tomas
Expressway right-of-way also being the southeasterly corner of
Parcel A as said Parcel A is shown upon that certain Record of
Survey map filed in Book 175 of Maps at page 29 in said office
of said County Recorderi
THENCE, along the easterly line of said Parcel A North 16 14' 49"
West 78.74 feet to the point of tangency with a curve that is
concave northeasterly and has a radius of 40.00 feeti
'l'IIENCE, southeasterly along the arc of said curve 61.53 feet
through u cent.ral angle of 880 08' 05" to a point of tangency
with ., lino .th..t is parallel with and 40.00 feet northerly
n\L'_,~;U)~oJ at r ighl:. ungles, from said southerly line of said
p_u:cl..ll of 1.\11d i
THENCE, along said parallel line South 890 22' 54" East 469.83
feet to the beginning of a tangent curve that is concave north-
westerly and has a radius of 40.00 feet;
THENCE, northeasterly along the arc of last-mentioned curve
62.91 feet through a central angle of 900 06' 27" to a point of
tangency with a line that is parallel with and 30.00 feet
wl1ntOl:ly, mC)L\surod Llt right <lnglos, fJ:om sOlid contor lino oi:
Lll.lwullyn 1\vunuoi
THENCE, along last-mentioned parallel line South 00 3D' 39"
West 80.08 feet to the TRUE POINT OF BEGINNING.
CONTAINING 0.518 acres, more or less, and being a portion of
s~id pnrcel of lend.
, 0739 r,'.~f 575
RESOLUTION NO. 3641
BEING A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE
OF CALIFORNIA, ACCEPTING THE AGREEMENT OF
ZIEGLER DEVELOPMENT CORPORATION FOR DEVELOPMENT
OF REAL PROPERTY LOCATED AT 550 WEST HAMILTON
AVENUE AND AUTHORIZING EXECUTION OF AGREEMENT.
WHEREAS, Ziegler Deve1apment Carparatian has submitted an
agreement to. this City Cauncil far the develapment af their real
praperty described upan that certain instrument recarded February
9, 1961, in baak 5068 af Official Recards at page 268 in the affice
af the Caunty Recarder af said Caunty af Santa Clara in accardance
with prescribed canditians; and,
WHEREAS, in accardance with said prescribed canditians and
as specified and recited in the agreement and cancurrent1y herewith
said Ziegler Develapment Carparatian has submitted Grant Deeds
af certain partians af their real praperty far public street pur-
pases and related public uses (including public utility easements,
public service easements, public pedestrian easements, starm sewer
easements); and,
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by this City
Cauncil that said agreement is hereby accepted and that the Mayar
be and he is hereby autharized and directed to. execute said
agreement an behalf af the City af Campbell; and,
BE IT FURTHER RESOLVED by this City Cauncil that the said
Grant Deeds submitted in accardance with said presctibed candi-
tians be and they are hereby accepted far the purpases far which
they are affered.
PASSED UPON AND ADOPTED this 14th day af January
19 74 , by the fallawing vate:
NOES: Cauncilmen:
Daetsch, Harr~er, Paul,
Podgorsek, Chamberlin
None
AYES: Cauncilmen:
ABSENT: Cauncilmen:
None
APPROVED:
Dean R. Chamberlin
r:.~xor
APPROVED AS TO FORM:
Il . 2 /
ATTEST: 1:;;:/ I~ { .. "'''-<" "d.,/V
orotf} Trevethan Clty Clerk
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THE FOr:2GO:r~G /i~i:r'HUME:N.p ,'s, A: :tRVt
AND CO~m:::CT CQPV'QF.THE;UR}GJNAL QN
FILE IN THIS OFF:~~:' "," ( . i Y " ': ~
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ATT:ST: ~,ro~'~y ir~~~"an, C(ty. ClerJt.. :.
ell Y Or AMi"'J~L, ~IF9~~:' ".'~ ' '.'
IV / "'. e 14 '," .
J. Rabert Dempster, City Attarney
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