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1209 Smith Ave. (88-13) ~"~ 0\ (4<'''8 , c * ,,,.,.... " , ('" " ", * y .;. <J a ..;.- ~/l C p...\.\' \ ~ CITY OF CAMPBELL MEMORANDUM To: Bill Helms Engineering Manager Date: June 20, 1989 From: Jim Penoyer Engineering Technician Subject: Judas Parcel Map Smith/STAR The attached map is submitted for the signature of the Director of Public Works. It has been reviewed by reference to the following: Preliminary Title Report TR 3374 TR 6426 PM 586 M 49 PM 544 M 4 APN 406-03-29 & 30. The original will be on the empty desk outside your door when Don is ready to sign it. !SiRII!1Il!I THIS AGREEMENT (identified as No. LvI 40) made and entered into this day of , 19___, by and between BRUNO and LILO BARTYZEL and FRANK and GERDA JUDAS , hereinafter referred to as "Owner," and the CITY or CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City." WHEREAS, City granted conditional approval of Planned Development Permit 88-12 to construct three townhomes on properties commonly known as 880 Sand Tomas Aquino Road and 1209 Smith Avenue and described in Exhibit "A" attached and incorporated herein as though fully set forth, which property is hereinafter referred to as "said real property"; WHEREAS, compliance with the terms and conditions of this agreement are conditions to the final approval of above described application to construct three townhomes; NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED APPROVAL, and satisfaction of the conditions to that approval, (1) Owner shall provide, construct and/or install at his own proper cost and expense, public street improvements as described in section 11.24.040 of the city code within 12 months from the date first mentioned hereinabove; provided, however, that in the computation of said 12 months period, delays due to, or caused by acts of God, viz., unusa11y inclement weather, major strikes, and other delay beyond the control of Owner or his successors shall be excluded. (2) It is expressly understood and agreed to that if Owner shall fail to complete the work required by this Agreement within the said 12 month period, the City, after after giving ten (10) days' written notice thereof to Owner, or his successors, may construct and/or install said improvements and recover the full cost and expense thereof from owner, or his successors. (3) Owner, or his successors, shall cause to be prepared at his cost and expense improvement plans for the construc- tion and/or installation of said improvements prior to such construction or installation. Said plans shall be prepared by a civil engineer registered by the State of California and submitted to the City Engineer for examination and approval. All of said improvements shall be constructed and/or installed in accordance with those plans approved by the City Engineer and shall be made under the supervision and inspection and to the satisfaction of the City Engineer. Said construction and/or installation shall be in accordance with the existing ordinances and resolutions of the City of Campbell and to all plans, specifications, standards, sizes, lines and grades approved by the City Engineer, and all State and County statutes applicable thereto. Upon completion and acceptance of the improvements by City, Owner, or his successors, shall provide reproducible as-built plans to the City Engineer. (4) The construction work of the improvements embraced by this agreement shall be done in accordance with the specifica- tions of the City of Campbell and Sanitation District No. 4 of Santa Clara County, where indicated. (5) Prior to approval of the plans by the City Engineer pursuant to Section (3) of this Agreement, Owner, or his successors, shall pay to the City for examination of improvement plans, field inspection of construction of improvements and all necessary expenses incurred by City in connection with said improvements, a sum in the amount of seven percent (7\) of the estimated cost of the improvements at the time of construction. (6) Owner, or his successors, shall file with City, upon execution of this Agreement, surety acceptable to the City in the amount of FIFTY THOUSAND DOLLARS ($50,000.00) to insure full and faithful performance of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distribution system. Said surety shall guarantee that Owner, and his successors, will correct any defects which may appear in said improvement work 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 pay the cost of all labor and materials involved. This surety shall remain in effect until one (1) year after date of final acceptance of said improvements by City. Said surety amount may be reduced by the City Engineer after the date of final acceptance to not less than twenty-five (25) percent of its full value. (7) Upon final release of said surety by City, the obligations of Owner, and his successors, contained in this Agreement shall be considered null and void. (8) When called upon by City to do so, Owner, or his successors, will execute a petition for the formation of any special assessment district created pursuant to any special assessment act as provided in the Streets and Highways Code of 2 the State of California created for the purpose of constructing and/or installing any or all of said improvements. (9) Owner, or his successors, shall participate in and become a part of any special assessment district as described in paragraph (8) of this Agreement. It is expressly understood that any obligations of Owner, or his successors, contained in this Agreement that are accomplished to the satisfaction of said City Engineer by said special assessment district shall be considered null and void. (10) Owner, or his successors, shall make such deposits or file such bonds and enter into such agreement as required by Sanitation District Ho. 4 of Santa Clara County to insure the installation of a sanitary sewage system to serve said real property, and Owner, or his successors, shall file with City, upon execution of this Agreement, a letter from said Sanitation District Ho. 4 stating that OWner, or his successors, have made such deposits or filed such bonds and entered into such agreements. (11) OWner, or his his successors, shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground wiring circuit to all electroliers within said real property when OWner, or his successors, is notified by either the City Engineer or the Pacific Gas and Electric Company that said fees are due and payable. Owner's, and his successors', obligations under this section shall not be relieved by delay or the passage of time, but shall remain binding indefinitely and forever. (12) Owner, or his successors, shall make such deposits or file such bonds and enter into such agreement as required by San Jose Water Company when called upon to do so to insure the installation of a water distribution system to serve said real property, including fire hydrant. Owner's, and his successors', obligations under this section shall not be relieved by delay or the passage of time, but shall bind Owner and successors indefinitely and forever. (13) Any easement and right of way within or without said real property necessary for the completion of the improvements shown upon aforesaid improvement plans shall be acquired by Owner, or his successors, at his 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, Owner, or his successors, shall deposit or cause to be deposited with City a sum covering the reasonable market value of the land proposed to be taken and to be included in 3 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 the City. (14) Owner, or his successors, shall carry out any and all negotiations with all interested parties and shall perform or cause to be performed at his 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. (15) To the fullest extent permitted by law, Owner, and his successors, shall indemnify, defend and hold the City of Campbell, and its agents, employees, attorneys, officers, officials and assignees harmless from any and all claims, damages, losses and expenses, inclUding, but not limited to, attorneys' fees, arising out of, or resulting from any negligent or intentional act or omission (inClUding misconduct) of said Owner, or his successors, or any subcontractor, or anyone directly or indirectly employed by him, or anyone for whose acts any of them may be liable in the course of performance of the Agreement. The OWner, and his successors, shall also indemnify, defend and hold the City of Campbell, and its agents, attorneys, employees, officers, officials, and assignees harmless against and from any and all claims, demands, liabilities, losses, lawsuits, jUdgments, damages, costs and expenses (inClUding, but not limited to, attorneys' fees and court costs, whether incurred at trial, appellate or administrative levels) which the City of Campbell may incur or suffer, or to which the City of Campbell may be subjected resulting from the failure of Owner, or his successors, or his agents, employees, subcontractors, or anyone performing services under him, to fulfill any of the obligations imposed under this Agreement. (16) It is acknowledged that the provisions of this Agreement constitute covenants for the improvement of the subject real property for the mutual benefit of Owner's property, commonly known as 880 San Tomas Aquino Road and 1209 Smith Avenue and the City's property, commonly described as San Tomas Aquino Road and Smith Avenue where it adjoins Owner's property. These covenants shall be considered to affect rights in the above-described real properties, and shall be binding on the heirs, assigns, successors, and grantees of Owner to said real property. (17) Hothing contained herein shall be construed to transfer any unvested interests in real or personal property for 4 purposes of the rule against perpetuities. (18) In the event that Owner, or his successors, should breach any of the terms, conditions, or covenants of this Agreement, the City shall be entitled to recover, in addition to any other relief available in law or equity, all costs incurred in attempting to obtain enforcement of the Agreement, or compensation for such breach. These costs shall include reasonable attorneys' fees and court costs. (19) This is the entire Agreement between the parties, and there are no representations, agreements, arrangements or understandings that are not fully expressed herein. (20) This Agreement can be executed in counterparts by the parties hereto, and as so executed shall consist of one agreement, binding on all the parties. IH WITNESS WHEREOr, said City has caused its name to be affixed by its Mayor and City Clerk, who are duly authorized by resolution of the City Council, and said Owner has caused his' name to be affixed the day and year first above written. CITY OF CAMPBELL Jeanette Watson, Mayor Barbara Olsasky, City Clerk APPROVED AS TO rORM: ~~---= ~.. R. Seli~..., City Attorney ~~~ B uno B.rtfzel...~ - - rranz Juda ('c7I<Y4Yl Gerd~Judas f . 'lk- i {<(Y/f '.~ 5 ~XI-IIBIT , , A ALL THAT CERTAIN REAL PROPERTY IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PORTION OF LOTS 5 AND 8, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF THE SUBDIVISION OF THE E.N. PARR TRACT", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON APRIL 2, 1887 IN,BOOK.B O~ 'MAP.S~~PAGE~r511, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:' . BEGINNING AT A POINT ON THE EASTERLY LINE OF SAN TOMAS AQUINO ROAD, DISTANT THEREON SOUTH 60 40' WEST 433.05 FEET FROM THE POINT OF INTERSECTION OF THE SAID EASTERLY LINE OF SAN TOMAS ~QUINO ROAD WITH THE CENTER LINE OF HAZEL AVENUE, SAID POINT OF BEGINNING ALSO BEING THE SOUTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED FROM RAY K. FARRIS, ET UX, TO EUGENE W. JONES, ET UX, DATED MARCH 30, 1948, RECORDED APRIL 1, 19118 IN BOOK..:.1591 ,OFFICIAL RECORDS, PAGE 26,lSANTA CLARA COUNTY RECORDS; RUNNING THENCE SOUTH 60 40' WEST AND ALONG THE EASTERLY LINE OF THE SAID SAN TOMAS AQUINO ROAD 127.91 FEET TO THE CENTER LINE OF ELAM AVENUE; THENCE ALONG THE CENTER LINE OF SAID ELAM AVENUE, NORTH 890 52' EAST, 158.00 FEET; THENCE LEAVING SAID LAST NAMED LINE AND RUNNING NORTH 00 08' WEST 109.03 FEET TO THE SOUTHEASTERLY CORNER OF THE LAND SO DESCRIBED IN THE SAID DEED TO EUGENE W. JONES, ET UX; RUNNING THENCE NORTHWESTERLY IN A DIRECT LINE AND ALONG THE SOUTHERLY LINE OF LANDS OF SAID EUGENE W. JONES, ET ux, 1411 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. I;:XCEP-l-I-NG THEREFROM SO MUCH nlEREOF AS LIES WI THI N THE BOUNDS OF "ELAM AVENUE", AS SAID AVENUE IS DESCRIBED IN THE DEED FROM OPAL E. MCCLENDON, ET AL, TO COUNTY OF SANTA CLARA, DATED MARCH 1, 1949, RECORDED APRIL 12, 1949 IN BOOK .1771 OFF.I,C1AL"RECORDS, ..eAGE , ~LI . ALSO EXCEPTING THEREFROM SO MUCH OF THE PREMISES AS GRANTED IN THE DEED FROM LOUIS J. ISAIA, LOUISE ISAIA, ROBERT C. HOWE, JR., AND MARCELLE N. HOWE, TO COUNTY OF SANTA CLARA, A BODY POLITIC AND CORPORATE, DArED DECEMBER 7,19511 AND RECORDED DECEMBER 17, 1954 IN 'BOOK:3Q36,.OIi.F.l.CIALRECORDS, PAGE 255'0 DESCRIBED AS FOLLOWS: A PORTION OF LOT 8, AS SAID LOT IS SHOWN ON "MAP OF THE SUBDIVISION OF THE E.N. PARR TRACT", WHICH MAP WAS RECORDED ON APRIL 2, 1807 IN BOOK:B"OF. MAPS" PAGE 57,,, IN THE SANTA CLARA COUNTY RECORDER'S OFFICE, SAN JOSE, CALIFORNIA, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF TNTERSECTION OF THE EASTERLY LINE OF SAN TOMAS AQUINO ROAD AS THE SAME NOW EXISTS 40 FEET IN WIDTH, WITH THE NORTHERLY LINE OF ELAM AVENUE (50 FEET WIDE) AS LAST SAID AVENUE IS DESCRIBED IN DEED FROM OPAL E. MCCLENDON, ET At TO COUNTY OF SANTA CLARA, RECORDED ON APRIL 12, 1949 IN BOOK. 1.17-1-::.0fFJC.IA,I.....R..ECOBDS,..,PAGE 529 IN SAID RECORDER'S OFFICE. THENCE NORTH 60 40' EAST, ON AND ALONG THE 'SAID EASTERLY LINE OF SAN TOMAS AQUINO ROAD, A DISTANCE OF 22.53 FEET. THENCE, ON A CURVE OF 20.00 FEET RADIUS, DEFLECTING TO THE LEFT FROM A TANGENT BEARING SOUTH 60 40' WEST THROUGH A CENTRAL ANGLE PF 960 48' AN ARC DISTANCE OF 33.79 FEET TO A POINT OF TANGENCY IN THE SAID NORTtIERLY LINE OF SAID ELAM AVENUE. THENCE, SOUTH 890 52' WEST, ON 'AND. ALONG THE SAID NORTHERLY LINE OF SAID ELAM AVENUE, A DISTANCE OF 22.53 FEET, TO THE POINT OF COMMENCEMENT. { . , NOTARY FOR INDIVIDUAL SIGNATURE County of Santa Clara I I SSe I STATE OF CALIFORNIA On this 15th day of May , 19 8~, before me t J M Harris a Notary Public in and for the County of Santa Clara , State of California, residing therein, duly commissioned and sworn, personally appeared Bruno Bartyzel and Lila Bartyzel personally known to me (or proved to me on the basis of satisfactory evidence) to be the person s whose nameS are subscri bed to the wi th i n instrument and acknow1 edged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set mY hand and affixed my official seal of the aforesaid County and State the day and year 1n this certificate first above written. ,'~ " ( \ /' ~ (i Notaryl ~ l"ib l / , , C /') I : '- ."'~ (A_/L----"" /t. - 0 in and for the County of State of California Santa Clara My commission expires .Tnnf' ~9. 1990 "NOTARY SEAL" .1 . . NOTARY FOR INDIVIDUAL SIGNATURE " County of Santa Clara I I 55. I STATE OF CALIFORNIA On this 89 t 19 ____t before met J M Harris 15th day of May a Notary Public in and for the County of Santa Clara t State of Californiat residing thereint duly commissioned and swornt personally appeared Franz Judas and Gerda Judas personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose names areSubscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOFt I have hereunto set my hand and affixed my official seal of the aforesaid County and State the day and year in this certificate first above written. I / .' t i '1/ i /4--1 (':'I A J { / i ,. I /',A/l____/ l/ ------ lC in and for the California County of Santa Clara State of California My commission expires June 29, 1990 "NOTARY SEAL" ,., . I Meeting Date: July 5, 1989 Category: CONSENT CALENDAR (t} CITY OF CAMPBELL - COUNCIL REPORT Item # Initiating Dept: Public Works Title: Resolution - authorizing execution of an agreement with Bartyzel and Judas to install street improvements at 1209 Smith Avenue RECOMMENDATION: That the City Council adopt the attached resolution authorizing the Mayor to execute the attached agreement with Bruno and Lilo Bartyzes and Frank and Gerda Judas for the installation of street improvements in Smith Avenue and San Tomas Aquino Road DISCUSSION: On November 16, 1988 the City approved a parcel map for Franz Judas to divide two parcels at the northeast corner of Smith Avenue and San Tomas Aquino Road into three parcels with a private cul-de-sac. One of the conditions of that approval was the installation of street improvements in the adjacent streets. The attached agreement obligates the subdivider to the installation of those street improvements within one year. COST: -0- Approved by Department Head Approved by City Manager ~-UJ ~1=' kJ ) ~=E. IJII., ~-v, 1 I-- .~ .. ...... I I L.... B '_ I-- a I ,. I ~ __ _ w, -I-< '. -' - - -<- A - ......, _ _, :::t- ....,.. ' · ' L~i : ID ~ ~ ,.U · ,-~' r ~Em I--< _'1 I' ,r, ~ .......... L-.J \' '. · , 5 if\iI t- ~ '1'1',-- 11 ' _ 1I1J.L' " .~ [';; "J.. - ~ -;- l..:"L . i"......... ..~ ~~ .' - j. .. ~ - C J~l I--~' <t' .... ,L' · _ ::.' ""1_d~ ~~ I ""...L - "" fJJ;[." :: ~- . , '! +- 3- _ dll .LITIJlinO ,-r-=:' · t R-rifl- ~ _ ....c- I ~,. "-~ }.J::::::f": :. -{ ...,,,~' '\ . Cl.U u-r/l ~ -==:-..if I/TIi"&.~r \ IfJ ~ ~l~ .',.'"\ ~I ~_ R;; :--= -....l..I.J I"" ~ eP::\ - ~I I I~V' .\ ~ It" '. ~",-..L ", /1',' .......' ~ \ .. ~iiii1' (c, L. "f...~".' ~~ l~~ 1 1 'il@' ~ ,- ...... ~I -jR~i." =lE~ l." . ~ ~ ,---rr7 t- ~J' Ii" ~ ...:c-:' -,', .\~. . ~t(t-,. .' . .. _ ...~ t~'" . ~, - '- . - . ; '\ ' _ .." r--!"....--" .... " ~ ~ ~ ..-:, . ' H 1 ~-1 ... - · r .. - 00 ~ ~tr:1 J. / "-r., f k ffI- 1-1 L 1 ' "I 'I'. -;J 7 . I- tl-~ c:.~ n lL' .: :L ~ - - . -j. -J:I 1" - ' I , · I~ ,- mHmE3' -- -FEJ m'l-:- i~ I r I rfM~ L "" U ~ 8 l' ~~ _:.. f:l , ~,,,~~ u ,,1 I , " 11- ,; " ~j" . - ....L. :,' ~ .lS r-rr ~ T ULL" . - ,. "" . 0 _ ~ 5 LU ~. I I 11 -) ." <Ii' . .; I jl'::- 1-'''''' r .,1 L. ;~. c..., 251_.- - · ' I--'~ ",. f 1 ~ r' _' - A., , · di::: ~ ": 1 /f'il;i .... I (~ ""\..1 " _ _ .J. ... 'lJ :r-J 1=' aIJ~ ,R I/~" " I :l--n-~:r\ f-:; " .! mP~~.fC1 1 -A JIftFf ' L,R ,C! I r '-'-J ,,~,,:' j'hTrlqHj . I .. Jf.. ~ - -;- - L. · ....: ttft!. / J ' " ,..:! N -;: >- _ _ : .... _ -" ,.1..1,- . _ I I rl ' ~ t; l!~ ~ """2Ti1 y}j#l i :~ -:.. II U!.U/.~' I -i ," -:1.'3)-1 n~QJ~~ I~ I I.L 'III'--" DIUJ;, - ~ Ii . '10" _ "L rfjjfjji .,...".., irrrtlffft~ g~ I L1J.Y I i rrk . y r ~CJ). (.1 RESOLUTION NO. BEING A RELOLUTION AUTHORIZING THE ESECUTION OF AN AGREEMENT WITH FRANZ JUDAS ET AL TO INSTALL STREET IMPROVEMENTS AT 1209 SMITH AVENUE RESOLVED by the City Council of the City of Campbell, California that the agreement with Bruno and Lilo Bartyzel and Franz and Gerda Judas for the installation of street improvements in Smith Avenue and San Tomas Aquino Road, which agreement has been approved as to form by the City Attorney and this day presented to this Council, be, and is hereby, approved. BE IT FURTHER RESOLVED by the City Council that the Mayor be, and he is hereby, authorized to execute said agreement on behalf of said City. PASSED AND ADOPTED this by the following vote: day of ,19_, AYES: Councilmembers: NOES: . Councilmembers: ABSENT: Councilmembers: APPROVED: Mayor ATTEST: City Clerk 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 April 27, 1989 Hr. Bruno Bartyzel 103 Limestone Lane Santa Cruz, Ca. 95060 Re: Townhome Development 1309 Smith Avenue Dear Hr. Bartyzel Enclosed is the agreement to install street improvements in Smith Avenue and San Tomas Aquino Road adjacent to your development. Please return two copies fully executed and notarized. The additional copy is for your files. If you have any questions you can call me at (408) 866-2150. Sincerely: James Penoyer Engineering Technician '. B Eb .0 0 " . G I ~ 00 ~v ~ Z II: o ... ... c u ~ ,.. '" '" .. z ~ u <l II:: ~ l.LI > < .. .... z => o u ~~ 'oil '", o 99-011 ~ --=-:-' r .. ~Ji!. J~I -- I "I~ ~I 313 . aS99a ... , ~ .. . "'~ITH UN:T i;:: .. '.. COMMON AREA '" Sgf/T'~l. 0 . ....1:... 6.".4''' ror,;,: - Z '\0,. I" '"/ro- I c'\o:: It :=! "'I:: 1<)1;1 I . 1----1 ~O\ltl",rL!T'_J~ I -III ~ I. ctll =.t ~ ~ : "'... 21 ..... . ... :"'~. ! tI !i " I ,... ... .. ~ ~ C II: C ..J U e ;1 ~I c .... z c '" ~I .. .. ~ lQ '" .. ~'" ~I o II: o on on ... on '" c ~I 'h aSia as-o', ... I ~ BEl N I ~I ~ I ftl___.J - --- ,.. '~'!l~1 i;'~ '/;iolT 5 .... i ~- ....I~ ! 'I, liii :f J..'r/M .UI:3811.:l t'i86' ~I .~ ~.m..:_ CX) -E~.L-M/II.", I~ ~ IIlIU - ~ . ~ ;' ~ -~ ~I '.lIE o.~ ~ 2 allla I... _ ~<l ~ ~.. .ou'.... i t ~ .rn;:~~=.. -~~~ Zc 1!l9c:S::>u _ ~~o " .0. 'ou EO~i .n u 118 : tl i: WS~ i (/) 311 .. .... z ::> o u ... o @ ... u ... ... o ;;;1 i::: ~ r:?\ ~ "'---' e .ij 0 'r/ONIl I- u <l II:: I- II:: II:: <l 0. e ;i . 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 April 27, 1989 Hr. Bruno Bartyzel 103 Limestone Lane Santa Cruz, Ca. 95060 Re: Townhome Development 1309 Smith Avenue Dear Hr. Bartyzel Enclosed is the agreement to install street improvements in Smith Avenue and San Tomas Aquino Road adjacent to your development. Please return two copies fully executed and notarized. The additional copy is for your files. If you have any questions you can call me at (408) 866-2150. Sincerely: ~~~ P.-L-1A.~ fames Penoyer U Engineering Technician TO: City Clerk ACCT. 35-3396 3372 3521 3521 3372 PUBLIC wuRKS FILE NO. Please collect & receipt for the following monies: (specify pro'ect) P eJtr.Id e.eA : R-l : ($.35) ($200) :t VI.: ($ 50) { 500) (4% of FPB) ( $ 5 00 m in. ) (7% of FPB) ($ 35 min.) (Cash) Depos i t Plan Check & Inspection Fee 3521 Other Cash Deposit (specify) J373 3373 /) ~. 3372 }372 3372 3372 3372 3372 3370 J395 Tentative Parcel Map Filin Fee ($350) Final Parcel Map Filing Fee 300 Tentative Tract Map Fil ing Fee ($400) Final Tract Ma Fil in Fee ($350) Lot Line Ad'ustment Fee/Certificate of Com 1 iance Vacation of Publ ic Streets and Easements Assessment Segregation or Reapportionment First Spl it ($500) Each Additional Lot ($150) Environmental Assessment: Categorical Exemption Ne ative Declaration Storm Drainage Area Fee per Acre Multi-Res., $2,060; all other, $2,250) Park Dedication In-I ieu Fee per Unit ($1,132) 3380 Public Works Special Projects 3510 Postage NAME ADDRESS TOTAL frt:en-z- )udl1fJ' 7- J Lf 'l. 0 ..r>-ea r Lv'(.L k PHONE ~J (,4(;J AMOUIH $ ~ "3J"O $ 35--0 c>-p-~ ZIP ;Y--.S -eJ 30 vii FOR C I TV CLERK ClN1.Y RECEIPT NO. 7C?() 3S{). ()~ ~ /()-Iq-fi'g AMOlJIIT PAID RECEIVED BY DATE July, 1987 TO '979 1"-761 APPLICATION NO. LG!~77192 Exhibit I A. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1976-1977~ A LIEN NOT YET PAYABLE. ASSESSMENT NO. CODE NO. FIRST INSTALLMENT (INCLUDES WEED SECOND INSTALLMENT (INCLUDES WEED ASSESSED VALUATION ASSESSMENT NO. CODE NO. FIRST INSTALLMENT SECOND INSTALLMENT ASSESSED VALUATION ~5-11-0iiJ~ - 3C! $65.09 PAID LIEN OF $20.53) $65.09 PAYABLE BUT NOT YET DUE LI EN OF $20.53) OF PERSONAL PROPERTY: NONE :~-ll-~ : 62-032 $401.26 PAID $401.26 PAYABLE BUT NOT YET DU OF PERSONAL PROPERTY: NONE APPLICATION NO. LG-377192 Schedule B - This policy does not insure <Iu"inst loss or c1amaw:. nor ilUillnst costs. illtol'llCvs"lccs or e~penses, allY or all of which ari se by fe<lson of the follow ing: Part I All mattcrs set forth in pardU1'<lphs mUllbtlred l(onc) to 11(clevl:n) inclll::iive 011 the illside cover sheet of this policy under the headill{J of Schedule Ii PMt I. Part II 1. TAXES, BONDS AND/OR ASSESSMENTS, SEE EXHIBIT I ATTACHED. 2. A LEASE, AFFECTING THE PREMISES HEREIN STATED, EXECUTED BY AND BETWEEN THE PART IE S NAMED HERE IN, FOR THE TE RM AND UPO~1 THE TERMS, COVENANTS AND CONDITIONS Tt-IEREIN PROVIDED DATED JUNE 8, 1970 LESSOR DONNA D. MILLER LESSEE PETROL STOPS NORTHWEST TERM 5 YEARS RECORDED: DECEMBER 30 AS INSTRUMENT NO. 5510977 AFFECTS: PREMISES IN QUESTION RECORDED OF THE LESSOR'S INTERESt IN SAID LEASE WAS DONNA D. MILLER BRUNO BARTYZEL AND LILO BARTYZEL, HIS WIFE, JUDAS AND GERDA JUDAS, HIS WIFE DECEMBER 30, 1976 AS INSTRUMENT NO. 5510978 AND FRANZ AN ASSIGNMENT EXECUTED BY: TO BENEFICIARY RECORDED INS TRUMENT NO.: TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN DECEMBER 30, 19'76 $37,000.00 BRUNO BARTYZEL AND LILO BARTYZEL, HIS WIFE, AND FRANZ JUDAS AND GERDA JUDAS, HIS WIFE TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION DONNA D. MILLER DE C E MB E R 30 , 19 7 6 5510980 3. A DEED OF TRUST DATFD AMOuNT TRUSTOR TRUSTEE TO 1866 C (8--751 American Lnnd Title A" ,ial ion Loan Pol icy. 1970 wi III AL T A F ndorse FOlIll 1 COllernqe or American Land Title Association Owner's Policy Forni 1319;0 or Calilorni<l Lnnu Tille AssoCiation Slandard Cover<lge l'olicy-1913 APPLICATION NO. LG-377192 Schedule C The land referred to herein is described as follows: ALL THAT CERTAIN REAL PROPERTY IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PORTION OF LOTS 5 AND 8, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF THE SUBDIVISION OF THE E.N. PARR TRACT", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON APRIL 2, i887 IN .BOOK.B O~ 'MAPS~_PAGE'v5q, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAN TOMAS AQUINO ROAD, DISTANT THEREON SOUTH 60 40' WEST 433.05 FEET FROM THE POINT OF INTERSECTION OF THE SAID EASTERLY LINE OF SAN TOMAS ~QUINO ROAD WITH THE CENTER LINE OF HAZEL AVENUE, SAID POINT OF BEGINNING ALSO BEING THE SOUTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED FROM RAY K. FARRIS, ET UX, TO EUGENE W. JONES, ET UX, DATED MARCH 30, 1948, RECORDED APRIL 1, 1948 IN BOOK,~1591.0FFICIAL RECORDS, PAGE 26, ~SANTA CLARA COUNTY RECORDSj RUNNING THENCE SOUTH 60 40' WEST AND ALONG THE EASTERLY LINE OF THE SAID SAN TOMAS AQUINO ROAD 127.91 FEET TO THE CENTER LINE OF ELAM AVENUE; THENCE ALONG THE CENTER LINE OF SAID ELAM AVENUE, NORTH 890 52' EAST, 158.00 FEET; THENCE LEAVING SAID LAST NAMED LINE AND RUNNING NORTH 00 08' WEST 109.03 FEET TO THE SOUTHEASTERLY CORNER OF THE LAND SO DESCRIBED IN THE SAID DEED TO EUGENE W. JONES, ET UXj RUNNING THENCE NORTHWESTERLY IN A DIRECT LINE AND ALONG THE SOUTHERLY LINE OF LANDS OF SAID EUGENE W. JONES, ET UX, 144 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. E,XGEP-:J:..I..NG THEREFROM SO MUCH THEREOF AS LIES WITHIN THE BOUNDS OF "ELAM AVENUE", AS SAID AVENUE IS DESCRIBED IN THE DEED FROM OPAL E. MCCLENDON, ET AL, TO COUNTY OF SANTA CLARA, DATED MARCH 1, 1949, RECORDED APRIL 12, 1949 IN BOOKl771 OFFICIAL: RECORDS, ~A.GE ? 0:,529., ALSO EXCEPTING THEREFROM SO MUCH OF THE PREMISES AS GRANTED IN tHE DEED FROM LOUIS J. ISAIA, LOUISE ISAIA, ROBERT C. HOWE, JR., AND MARCELLE N. HOWE, TO COUNTY OF SANTA CLARA, A BODY POLITIC AND CORPORATE, DATED DECEMBER 7, 1954 AND RECORDED DECEMBER 17, 1954 IN BOOK ;3036 OFE.1CIAL RECORDS, PAGE 255,- DESCRIBED AS FOLLOWS: A PORTION OF LOT 8, AS SAID LOT IS SHOWN ON "MAP OF THE SUBDIVISION OF THE E.N. PARR TRACT", WHICH MAP WAS RECORDED ON APRIL 2, lBB? IN BOOK.B OF MAPS, PAGE 57" IN THE SANTA CLARA COUNTY RECORDER'S OFFICE, SAN JOSE, CALIFORNIA, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF SAN TOMAS AQUINO ROAD AS THE SAME NOW EXISTS 40 FEET IN WIDTH, WITH THE NORTHERLY LINE OF ELAM AVENUE (50 FEET WIDE) AS LAST SAID AVENUE IS DESCRIBED IN DEED FROM OPAL E. MCCLENDON, ET AL TO COUNTY OF SANTA CLARA, RECORDED ON APRIL 12, 1949 IN BOOK~ 1771., OFF.Il;:' ~ Al..".RECORD$", pAGE 529 I N SA I D RECORDE R 'SO F FIe E . (B) APPLICATION NO. LG-377192 THENCE NORTH 60 40' EAST, ON AND ALONG THE 'SAID EASTERLY LINE OF SAN TOMAS AQUINO ROAD, A DISTANCE OF 22.53 FEET. THENCE, ON A CURVE OF 20.00 FEET RADIUS, DEFLEtTING TO THE LEFT FROM A TANGENT BEARING SOUTH 60 40' WEST THROUGH A CENTRAL ANGLE pF 960 48' AN ARC DISTANCE OF 33.79 FEET TO A POINT OF TANGENCY IN THE SAID NORTHERLY LINE OF SAID ELAM AVENUE. THENCE, SOUTH 8go 52' WEST, ON AND. ALONG THE SAID NORTHERLY LINE OF SAID ELAM AVENUE, A DISTANCE OF 22.53 FEET, TO THE POINT OF COMMENCEMENT. .'7 OFF'/CE OF COUNTY ASSESSOR '" SA.\'TA ,...ARA L @ f>I ~ 9 1 ~ T" _. iL:...:_;E~ 2,,___ . ---. -- - b; ., ::6 ,: ~: 5. 78 78 6:: 37 ,~ '-; , .. m ....:~ JI 94 '", 9J /9 /8 /7 '" - ,.., ,.. .r. - .'" : I ~, . "' -: '. , ; s:~ ~ .~I , ''', I~.",' , " (. Q 30 J Q '~ 2P .., ':' ~ ~~ ," .'" Co' :<'. '2 C'l '" ~. 32 ('01 _ [0 till 89 ";'i peLI ~. 78 ,J .:" ..5 I ,., u. o c' 1967 13476 :01 ~. , r" . I :8 " U' 2.!. ,.. ." ;.., '" " '" 24 ~ III 36.11 ~ " .~ , .g;" ~~ ~.. . SMITH ',', PM 282-M-:9 ,I ~ . '-1-.._ I ,., ,<J.; l) , . .. .. oJ " ~ !:: 6 0:: 7 I ~ - ..' oJ. - ~ I ..(l$ ~ i 85, 3l I t /64.,71 803~ ~ 8 - ~ - ~ J1 5 J) J1 ~ - ':E 10 r- - 174.16 - 9:. '" 19307 '" l:;: ~ .. m 4- -I;; /2 - ~. 4395 , /I :5633 II) J N - .- '= In i~S ~ ,... I 45 r-- '" . /00 .3 ; - ~! 2 .... "'12 CD I - '" '" 19633 /089/ 30524 . / '" - 17> .. . 3/7 784 ... . .. 33 3.J.. 35 :'1-~ AVE c ~ .;1' )... -,./ '- . J I I I /3 14 15 I L__ 36 ~ I J .I;~ ~ I 42 I 1 I 12 - '~JL J _ _ ,J "" 105.33 ~ 'D 9 \ ~,J; N \ " , , I~ 0) , @ " 4.J ., " '" .. d 1- 10 : I _ "'!}CU3_ _ ~ ./ 11 ~ I!~ 5/ / Ii - ,,/ I ~~ /v'l - / \ 52 :0 ~<l; "'" 4:, , - - '503l- Ge- I ~o I 19 I - i'~ Ie !~ 00 1:-: €J I~ I I I ~; ,=!75 9,; ~'2S <I' -fi .~ -00- I ..,.,.:... 8.: .... ,n '21 6/ II) c:! i'" ~: . 0 I ------- i 100 I t:~le ~~ 62~ _: N lOO ~ .J' ..../.... "3 r, ~! ""C::; 0'; ,... ....1 E 0, r - 91:0+- ! '24 , I~ €.4 I --1,{ --\,q, ./ <t: o Z ....J I I 0- -_ '" r- ~ ",'" ..1.1 .} / )j- I ," 6';- / I"'''' c. 66 /,~ - '25 / 26 55 J, / ..-;.~r:;:j 8 ~. PARR TRACT MEMORANDUM CITY OF CAMPBELL To: From: Subject: Bill Helms Engineering Manager Date: April 27, 1989 James Penoyer Engineering Technician Judas Parcel Map 1209 Smith Ave. . S.T.A.R. I would like to have the benefit of a review of this final map by you and The Director before I send the red-lined check prints back to the Engineer. This pre-review by The Director is intended to avoid a repetition of the last-minute press for a hurried review and signing of the map by the Director, with the applicant waiting impatiently, as has sometimes occured recently. CITY OF CAMPBEll 70 NORTH FIRST STREET CAMPBELL. CALIFORNIA 95008 (408) 866-2100 Department: Public Works December 20, 1988 i Mr. Franz Judas 21420 Bear Creek Rd. Los Gatos, Ca. 95030 Re: Parcel Map 1209 Smith Ave. & 880 S. San Tomas Aquino Rd. Dear Mr. Judas: Enclosed is your receipt for the fe~ in lieu of dedication of lands for parks in the amount of $2,264.00. This payment plus the one you previously made satisfies the requirement levied as a condition of approval of your map. Thank you for your prompt response. . If you need to contact me I can be reached at (408)866-2150. Sincerely: James Penoyer Engineering Technician T0: City C Ie rk PUBLIC _RKS FILE NO. Please collect & receipt for the following monies: ACCT. --.-- 35-3396 project ) PVU'!lU feu: ;t VL: ($ 50) '( 500) (4% of FPB) ($500 m in. ) (7'1u of FPB) ($35min.) R-l : ($35) 3372 3521 3521 (Cash) Depos i t ( $200) 3372 Plan Check & Inspection Fee 3521 Other Cash Deposit (specify) J373 3373 Project General & 3372 3372 3372 3372 3372 3372 3372 3372 Tentative Parcel Map Fil ing Fee ($350) Final Parcel Map Fil in Fee ($300) Tentative Tract Map Fil ing Fee $400 Final Tract Map Fil in Fee ($350) Lot Line Ad'ustment Fee/Certificate of Compl iance Vacation of Publ ic Streets and Easements Assessment Segregation or Reapportionment Fi rst Spl it ($500) Each Additional Lot ($150) Env i ronmen ta I As se s smen t: . Categorical Exemption Ne ative Declaration Storm Drainage Area Fee per Acre Multi-Res" $2,060; all other, $2,250) Park Dedication In-lieu Fee per Unit 3370 3380 Publ ic Works Special Projects 3510 Postage TOTAL NAME Fran z. L I LJ 2.0 J udGS "BeCt v Lv~ k ZIP '7 so J 0 PHONE 72-J. Los c~ tb~ ADDRESS FOR C I TV CLERK C1NLY RECEIPT NO. r2...3 f? 7 :J. :;Lv4 H , 1--. p //f.t;/jP7 I l AMOUNT PAID RECE 'VED BY DATE AMourn $ '2. '2- ~~ ~ 0.-() $ '2.. ?. C::. 4- ~ July, 1987 /) , / ,~) ~Iln% TERMITE CONTROL CORP, "" TRANSPORT STREET, PALO ALTO, CAliFORMA "'" PHONE (415) 328-0590 RECEIVED JAN 04 1989 PUBLIC WORKS ENGINEERING h'C~L-.05G'O ,. Pf--FAS-E r'//t...'O A CdEe. K. "cC"'f{ 1J2.)26Lf - Fe,</.. AD/lI?fM/AJAI- FEE'> I,A.) c.. f (3 I/Y Or L-A,t,)lJ 0t30"'-H..7"/ofl-! FeR P04I~ l.e- S / )vi RE 6 A.. R i) T6 TNE P4Rc: 6 l- )-IA, I;:) F'c--tC" / J 0 C( .5~1 (,7';-f $. 880 _:;. _,;':; A ~) .7:{o~-/ ~) A Q u rtll c - J7 tEAS; E ~c;E-A)f) 4 1JE C"/ E p;- Fol( T /II S jJ4YNE,.0T. .---.,.0:;- / fi'-'e.;- YCL.'t.2 s_ /?;i-~/ 9,~f~ CITY O'F CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Department: Public Works December 21, 1988 Mr. Franz Judas 21420 Bear Creek Rd. Los Gatos, Ca. 95030 Re: Parcel Map 1209 Smith Ave. & 880 S. San Tomas Aquino Rd. Dear Mr. Judas: Enclosed is your receipt for the fee in lieu of dedication of lands for parks in the amount of $1,132.00. Unfortunately there was an error in the conditions of approval that were sent to you and the condition should have called for a fee of $1,132.00 for each of the three parcels beinq created. If you have any questions concerninq this matter please call me at 866-2150. Sincerely: James Penoyer Engineering Techniciafi ~*****t*t*ttt****t*r*rt**t;*t***tt**r* ;:~::t:*:*:*:f*ttt*:f:f:t:*:t::t::*::tt:r:t:*tt:t: t:t::t:t:t::t::t: tt:i::t: C I T'l OF CAt-1PBELL tt*:t:t:nt:t::t:t:Hl:f::t:n::t:t:t:t::t::tl:tt:ttrt.t:*t:t::n: :t: Xi09 12-14-:3E C0 ~1f1[10 1215 14:51:27 PARKLAND DED FEE ACCT: 095.308.3395 RECEIPT# 001926 AMT. 1J132.0t Pt'1 8:::-12 TOTAL: L 1.32 . (I( At-10UNT iENDEFE[ CHECK: 11-35 L.I : 32 . [1(1 ::HANGE : t10 ;:'A"i'O~~ : F JUDAS 2142(; BERF.: eRI< F.:D LC --- THAt'lL 'lOll I')EFC/ nUCH -__ ..iE APPF.~ECIATE \'OUR E:U:::INESS KEEP THIS F.:=:CEIPT I ****t*tt*tl***tf**f*;t*ttt*t*t*t*t***~ .. 1----- (~ITY OF C1\MPIIELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Department: Planning November 16. 1988 PM 88-13 (In Conjunction With File H ZC 88-08/PD 88-12) (Approved by Planning Commission on: 9-13-88) (Approved by City Council on: 10-4-88) APPROVAL OF TENTATIVE PARCEL MAP LANDS OF Franz Judas APN 406-3-29 & 30 SITE ADDRESS: 880 S. San Tomas Aquino Rd. 1209 Smith Ave. Final map thereof shall be filed with the City Engineer for examination. approval and recordation in accordance with the provisions of the Subdivision Map Act. This approval is subject to the following conditions: 1. File a parcel map in accordance with the provisions of the State Subdivision Map Act. . ",..:t" '"~". :""l~ ,,>~:;:,,;~>:.~o:fk~>',i!;::;' .i, "'. .~:? :';;;';^~;;:.' /'/ ,,\\,:> :,; ,:,." "., '. "'. f: ,"; 'i,~';'~ ':'!,;, "'" 3. Fences and landscaping shall be located so as to avoid creation of any site obstruction for vehicles. APPROVED BY THE PLANNING DIRECTOR ON N vember16, 1988 l .iL, i\ {// .' --.,'.. \. ARTH A. KEE. PLANNING DIRECTOR APPROVED BY THE CITY ENGINEER ON November 16, 1988 { i ( ~/ DONALD C. WIMBERLY, PUBLIC WORKS MANDATORY FINDING: This Tentative Parcel Map, together with the provisions for its design and improvement. is consistent with the General Plan of the City of Campbell. TO: City Clerk PUBLI C \ .\KS FI LE NO. Please collect & receipt for the following monies: ACCT. ---- 35-3396 3372 3521 3521 ITEM Project Revenues (specify project) PubUc. (:Jo:tlu Exc.ava.-uol1 PVwla re.M: App 1 i ca t i on Fee Plan Check Deposit Faithful Performance (Cash) Deposit R-] : ($'35) ($200) O:theJt : ($ 50) '( $500) (4% of FPB) ($500 min.) (7~ of FPB) ($ 35 min.) 3372 Plan Check & Inspection Fee 3521 Other Cash Deposit (specify) 3373 3373 Project General & 3372 3372 3372 }372 3372 3372 3372 3372 Tentative Parcel Map Fil ing Fee ($350) Final Parcel Hap Fil ing Fee ($300) Tentative Tract Map Filing Fee ($400) Final Tract Map Fil in Fee (S350) Lot Line Ad'ustment Fee/Certificate of Compl iance Vacation of Publ ic Streets and Easements Assessment Segregation or Reapportionment First Spl it ($500) Each Additional Lot ($150) Envi ronmental Assessment:' Categorical Exemption Ne ative Declaration Storm Drainage Area Fee per Acre Multi-Res., $2,060; all 0 the r, $2,250) Park Dedication In-lieu Fee per Unit 3370 3380 Publ ic Works Special Projects 3510 Postage NAME F \,0. n 'Z- 21420 TOTAL Judct$ ~ 13e..Ct.r Creek RJ,l-DS Gqtos Pl'1 ry-- /3 AMourH $ )/'3'2..(00 $ J(-:5?... .00 ADDRESS ZIP CY70~O FOR C I TV CLERK OIlLY RECEIPT NO. ~/ 1 )~d (;'0 I'-f;J5)r~ AMC)UIlT PAID RECE I VED BY DATE July, 1987