184 Vietenheimer Ln (92-04)
CITY OF CAMPBELL
MEMORANDUM
From:
Mike Fuller
Public Works Dept.
" '
Ja~mSley
Cit~~lerk's Office
Deferred Street Improvement
Date: April 22, 1993
RECEIVED
APR 26 1993
Public W orkslE .
nglneerin"
To:
Subject:
Agreement - 184 Veitenheimer Lane
----------------------------------------------------------
At its regular meeting of April 20, 1993, the City Council adopted
Resolution No. 8475 authorizing the execution of a Deferred Street
Improvement Agreement with Colin and Carol Jacques for property
located at 184 Veitenheimer Lane.
Please find attached certified copy of this Resolution for your
records. The Agreement is with the City Attorney for signature and
I will forward a certified copy of same to you and Mr. and Mrs. Jacques
early next week.
The original of this Agreement will be forwarded to the County Recorder
for recordation.
RESOLUTION NO 8475
BEING A RESOLUTION AUTHORIZING THE
EXECUTION OF AN AGREEMENT FOR DEFERRED
STREET IMPROVEMENTS AT 184 VEITENHIEMER LANE
BE IT RESOLVED, by the City Council of the City of Campbell,
California as follows:
The Mayor is authorized to execute an agreement with Colin and
Carol Jaques to install street improvements at 184 veitenhiemer
Lane.
PASSED AND ADOPTED this 20th day of April, 1993 by the following
vote:
AYES:
Councilmembers: Burr, Watson, Ashworth, Dougherty, Conant
NOES:
Councilmembers: None
ABSENT:
Councilmembers: None
APPROVED:
~LL,/~ {)- ~(Ll&b
Barbara D. Conant, Mayor
ATTEST:
(2)u-Uw-
Anne Bybee, City Clerk
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IRREVOCABLE OFFER OF
DEDICATION OF FEE TITLE
For and in consideration of approval of a site and
Architectural Review Permit to allow construction of an
industrial building located at 184 Veitenhiemer Lane, S
92-04, COLIN B. JAQUES and CAROL B. JAQUES hereby offer
irrevocably to the City of Campbell, a municipal
corporation in the County of Santa Clara, State of
California fee title for street purposes described as
follows:
All that certain real property situate in the City of Campbell,
County of Santa Clara, state of California more particularly
described as follows:
BEGINNING at a point on the North line of that parcel of land
described in the Deed to L. DuBurg, recorded October 3, 1945, Book
1288 of Santa Clara County Official Records, at page 374, distant
thereon North 89059' East 136.72 feet from the northwest corner
thereof;
THENCE North 89059' East , along said line of the lands of L.
Duburg, 55 feet;
THENCE South 0028' East, parallel with the centerline of McGlincey
Lane as shown on that certain Record of Survey of the Lawrence
DuBurg property which map was filed on April 9, 1948 in Book 17 of
Santa Clara County Maps at page 26 a distance of 18 feet;
THENCE, South 890059' West, parallel with said line of the lands of
L. DuBurg a distance of 55 feet;
THENCE, North 0028' West a distance of 18 feet to the Point of
Beginning:
Containing an area of 0.0227 Acres, more or less.
Unless accepted by the City Council, this offer shall remain open
and binding on Colin B. Jaques, Carol B. Jaques and their heirs,
assigns and successors in interest for 20 years from the date of
execution hereof.
WITNESS OUR HANDS this t!i rl'/ day of M/9/:{C'H
, 1993.
\
"'-/.
. Jaques
a?) .
~
' . ~ - ~~
[/ Carol B.
! /
("/
Jaques
d:a
NOTARY FOR INDIVIDUAL SIGNATURE
STATE OF CALIFORNIA
County of
Santa Clara
I
I SSe
I
On this 5th
day of
Harch
, 19 ~, before me, Anne G. Bybee
a Notary Public in and for the County of
Santa Clara
, State of
California, residing therein, duly commissioned and sworn, personally appeared
Colin B. Jaques and Carol B.
Jaaues
.
personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person whose name
to me that
they
subscribed to the within instrument and acknowledged
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 in this certificate first above
written.
~LJ.~
Notary Public in and for the
County of
State of California
Santa Clara
"NOTARY SEAL"
My commission expires
March 5, 1996
r..
P O. B.
N(E. COR.
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LAND TO BE GRANTED
CONTAINS 0.0227 Ac.res
LAND TO BE GRANTED TO THE
CITY OF CAMPBELL
INFORMATION PLAT BASED ON RECORD DATA
SCALE: I "-: 50~
DATE: Dec.. \992
DR. BY: J. P.
C K. BY:
DEFERRED S'IREEI' IMPROVEMENT AGREEMENr
'llIIS AGREEMENr (identified as No. M:::G 255) made am
entered into this ~m day of M/l/?cH , 192.2, by and
between CDLIN B. JA(JJES am CAR)L B. ~ hereinafter referred
to as "OWner," am the CITY OF CAMPBErL, a nmdcipal corporation
of the County of Santa Clara, state of California, hereinafter
referred to as "City."
WHERFAS, City granted corxtitional approval of S 92-04 upon that
certain real ptuf)t::L-ty described in Exhibit "A" attac::hed am
incorporated as though fully set forth herein, and cntlllLJIUY
known as, 184 Veitenhiener lane which pt~ty is hereinafter
referred to as "said real property";
WHERFAs, CClDpliance with the terms am con:titions of
this agreement are required by Section 11.24.040 of the C;mypbell
City COde;
NCM, 'lHEREFaRE, IN CDNSIDERATION OF '!HE
AOOVE-MENl'IQm) APPROVAL, it is hereby agreed as follows:
(1) Omler shall provide, construct am/or install at
his arm ptopeL' cost am expense, p.lblic street i.mprovementg as
described in section 11.24.040 of the City Code within 12 IIDlrt:hs
from the date when owners or their S1~ are notified to do
so by the City Engineer.
(2) All of said improvements shall be constructed
and/or installed within 12 lIDllths fran the date that OWners, or
their successors, are notified by said City Engineer to do so;
provided however, that in the c::omprt:ation of said t:wel ve-l'IDllth
period, delays due to or caused by acts of God, viz., tmUSUally
inclellE11t weather, major strikes, am other delay l::leyoni the
control of OWners shall be excluded.
It is expressly umerstood am agreed to that if Omler shall
fail to complete the tl<<)rk required by this Agl:eement. within the
said 12 lIDllth period, the City, after givirg ten (10) days
written notice thereof to Omler, or his successors, may
construct am/or install said i.mprcvements am recover the full
cost am expense thereof fran owner, or his S1]~.
It is further expressly umerstood that the p.JqXJSe of this
agreE!meld. is to defer constructi.on of the alxwe-menti.aled
i.mprovements until acme future date JIIJI'e cxnh.ci. ve to the
overall needs of the City of D.II\E~] 1. In keepirx] with this
~, the right of the City to give any of the mtioes
specified herein in Secticm (2) of this AgIeeu.::nt to install
suc.n i.mprovements, or to require CDlStructi.cm or installati.al of
such improvements, or to install such improvements itself am
recxJVer the oost:s thereof shall net be barred by the p'C!C!~ of
time or delay by the City, bIt shall remain open am enforceable
iB:Iefinitelyam forever. It is also understood that the P'~
of time or any delay caused by the City shall not relieve the
Qmers, or their ~~lS, fran performance under this
AgIeehc:llt., bIt that the CMners, am their Sl~c::ors, shall
I"BIBin bcurxi imefinitely am forever. Any in::reased
cxmstructi.on or preparation costs caUSEd as the result of the
p's-'Sage of time shall be the respalSi.bi.lity of the 0Imers, am
their Sl~.
Nothing herein shall be ooPfl\ed to prahibi t constructi.on of said
improvements prior to mtice by the City ~ to oou:::il.nJct
or install such improvements, provided that prior to such
installaticm, all of the prcvisicns of Sectial (3) shall be
satisfied.
(3) CMner, or his Sl~c;ors, shall cause to be prepared
at his oost am expense ilIprovement plans for the constructi.cm
am/or installation of said i.mprovements prior to such
CDlStructi.on or installaticm. Said plans shall be prepared by a
civil ergineer registered by the state of California ani
subnitted to the City ~ for exam:inati.al am approval.
All of said iJoprovements shall be canstructed am/or
installed in acxxmiara! with those plans approved by the City
Engineer ani shall be made UOOer the supervision am inspection
am to the satisfactial of the City Eh;Ji.neer. Said constructi.oo
am/or installation shall be in acxxmiara! with the existing
ordinarx:&; ani resolutioos of the City of (>.lIil,pU ani to all
plans, specifications, starxiards, sizes, lines am grades
approved by the City ~, am all state am Camty statutes
applicable thereto. Upon CClDpletion am a~ of the
i.mprovements by City, Qmer, or his Sl---!::OrS, shall provide
reproducible as-tuilt plans to the City Engineer.
( 4 ) '!he cxmstructi.oo work of the ilIprovements E!IIiJraced by
this agteellc:llL shall be 00ne in acxxmiara! with the specifica-
tions of the City of C'....lIlf..-JPll am West Valley sanitaticm
District, where in:licated.
(5) Prior to approval of the plans by the City Eh:1ineer
plI'St1al1t to Sectioo (3) of this Aqr~lL, CMner, or his
2
~rs, shall pay to the City for examination of i.mprovement
plans, field inspectiQ'l of a:IlStn.cti.m of ~ am all
~sm:y expenses incurred by City in CXD1I1eCti.oo with said
imprcvements, a sum to be determined tlllben said plans are
sul:mi.tted in accordance with the rules in effect at that time.
(6) 0Alner, ar his fiI:I-C!OJ:S, shall file with City, prior to
CUIUII.~ncirg lIllOrk, surety, acceptable to City, to insure full am
faithful perfaz:mance of the a:IlStn.cti.Q'l of all the
afOJ::ebc:lItioned improvement work, exc.lu:tirg sanitaJ:y sewers am
water di.s1:ri.Duti.al system. Said surety shall guarantee that
CMner, am his Sl-~ors, will 001.L~"'1: arry defects which may
~ in said improvement lIllOrk within ale (1) year !ran the
date of accept:anoe of the work by City am pay far any damage to
other work resul'tin; !ran the a:IlStn.cti.al thereof, as well as
pay the cost of all labor am materials involved. '1hi.s surety
shall remain in effect unti.1 ale (1) year after date of final
ac:x:eptance of said imprcvements by City. Said surety amount may
be Z'Prl1la!d by the City ~ after the date of final
ac:x:eptance to not less than twenty-five (25) petQeuL of its full
value.
(7) Upon final release of said surety by City, the
ctlligatialS of OWner, am his fiI:I-C!I"lt"S, a::nt:ai.ned in this
~rl: shall be considered null am void.
(8) When called upcn by City to 00 SO, Qmer, or his
Sl~SOrs, will execute a petitioo far the fonuatioo of any
special AC!S'~~ district created pursuant to any 8plC; al
l't!';.~c::rrrmt act as provided in the StJ:eet:s am Highways Code of
the state of California created far the pn:pose of ~
am/or installin3' any ar all of said imprcvements.
(9) CMner, ar his fiI:I-c:::ors, shall participate in am
becn:~ a part of arry special l't~'S'-~ district as described in
paragtap1 (8) of this Aqr~lL.
It is expressly urx:le.rst:ood that arry ctlligaticms of CMner, ar his
Sl~9OrS, contained in this AqrecllcuL that are ~lished to
the satisfaction of said City ~ by said special
l'ts.~~ district shall be CDlSi.de:red mll am void.
(10) Q,mer, or his S1-C!ors, shall Dake such deposits or
file Sldllxn:is am enter into SLdl agIeewc:nt as nquin:d by
West Valley Sani tatim District to insure the installatim of a
sanitazy sewage system to serve said real 14~ L}', am CMner,
or his S1~, shall file with City, upJn execution of this
Ag:reaoe1IL, a letter fran said Sanitatial District stating that
CMner, or his S1~, have Dade
3
such deposits or filed such bonds alXi entered into such
agr~lts.
(11) CMner, or his S1~!::OrS, shall pay to Pacific Gas alXi
Electric Chrpmy any am all fees required for installaticm of
urx:iergrourxi wirinJ clrcui.t to all electro1iers within said real
pl~ty lllben Olmer, or his ~~sors, is notified by either
the City Fn;;ineer or the Pacific Gas alXi Electric Chrpmy that
said fees are due am payable. Olmer's, and his ~n:--sars' ,
obligations urxier this sectial shall not be relieved by delay or
the ~~c::age of tillie, bIt shall nmtin ~ indefinitely am
forever .
(12) Omler, or his S1~';OJ:'S, shall make such deposits or
file such bcnjs am enter into such ~tL as required by San
Jose Water Ch!pmy when called upon to do so to insure the
installatial of a water distriJ:ut.icm system to serve said real
plvpt::.l:ty, i.rx::ludin:J fire hydrant. CMner's, am his ~~c;ors' ,
obligatia1S urxier this sectial shall not be relieved by delay or
the ~$S8ge of tillie, bIt shall biJxi Omler and Sl~sars
imefinitely and forever.
(13) Any ~~ and right of way within or without said
real PL~ly rv:w-c.aJ:y for the CXIIIpletia'l of the ~
shown upon aforesaid improvement plans shall be ~ by
Qmer, or his S1~c;ars, at his own CXJSt and expense. It is
provided, however, that in the event eminent dnr!Ri n pl.~
are required for the p.trpOSe of securing said -.~ and right
of way, Omler, or his ~~';OJ:'S, shall deposit or cause to be
deposited with City a sum cxweri.n;J the rea&a1able DBrket value
of the lam plv~ to be taken am to be i.rx::luied in said sum
shall be a rea&a1able all~ for severance M"-:JeS, if any.
It is further provided that in acXti tial thereto such SUDs as may
be required for legal fees and ocsts, ~ and ether
:in:::identa1 ocsts shall be deposited with the City.
(14) CMner, or his ~~sors, shall can:y aIt any am all
negotiations with all interested parties am shall perfom or
cause to be perfomed at his own CXJSt am expense am to the
satisfactial of the City Fn;;ineer any am all work required to
at:Bn:b1, rBIDVe, raise, lower, relocate arxi otherwise DIXiify
irrigatial line or lines within the I:nmdaJ:y of said real
property .
( 15) 'lb the fullest extent permi. tted by law, CMne.r, ani his
Sl~sors, shall indemnify, defen:l am hold the City of
C;:nrqY~ll, am its agents, employees, attorneys, officers,
officials am assignees harmless frail any am all clAims,
damages, losses am expenses, in=llXiinJ, b.Jt not limited to,
attorneys' fees, arisinJ aIt of, or resultiBJ frail any negligent
4
or intentional act or anissial (inclu:ii.rg mi.scx:n:iuct) of said
Qmer, or his ~~, or any ~ID .ll.i:aet:ar, or artyale
directly or i.mirect1y employed by hiJn, or anyate for wtnse acts
any of them my be liable in the CDn:'Se of perfar:mmce of the
Agreene1t.
'!he Qmer, arxi his S1Y'Y"ac!crors, shall also i..memni.fy, deferxi anj
hold the City of 0"..,,11..11, and its ~:::ulz:o, at:tameys, eqllayees,
office:r:s, officials, am assignees harmless against am fran any
anj all c1A;'I'II.I:, ~lJb, 1 iehi lities, losss, lawsuits,
jnr'9"-'lls, ~, costs am expenses (inc1~, bIt not
limited to, a~.lIt:}'S' fees and cxurt costs, tIlihet:her incurred at
trial, appellate or administrative levels) whidl the City of
~lIih~ll Day incur or suffer, or to whidl the City of c....lf.lQ11
may be subjected result.in:J fran the failure of Qmer, or his
S1Y'Y"ac!$O%'S, or his 89=ulz:o, Ellployees, !::I1lxxAl~act:ars, or anyone
perf~ services urx:ier him, to fulfill any of the obligaticns
i~ urx:ier this NJrbo::au=llL.
(16) It is acknowledged that the provisioos of this Agl:eca&c:ltt
cxnst:i:tut:e covenants for the i.Dpmvement of the subject real
Pt-~ty for the DI.ttual benefit of Qmer's PLVlA=L'ty, 0...... !luy
known as 184 Veitenhi.emer lane and the City's pt~t}", ~ ..... IIUY
described as Veitenhiemer lane where it adjoins CMner's
pt~}" . 'lhese covenants shall be CX'I1Si.dered to affect rights
in the above-described real pt~ties, am shall be bi1xtirg on
the heirs, assigns, ~~C!Qt'S, and grantees of o.mer to said
real ptu~.
(17) ~ cxmtained herein shall be 00IE:>l.i: I.led to transfer
any unvest:ed interests in real or pe:rsaml pt~ L}" for PIrpCSes
of the role against pe:t.!o'=tuities.
(18) In the event that o.Jner, or his !::I----=:OC!'(%S, shalld
breach any of the t:.erDs, oorx:li. tioos, or covenants of this
Agtt=wl::uL, the City sbal1 be entitled to :rec:over, in additiCll to
any other relief ava:ilAhle in law or equity, all costs incurred
in att:empt.in;J to obtain enfUL.-...:::a&II:I1L of the NJreca&c:ld., or
caupensation for SlX:h breach. 'Ihese cxsts shall in::lude
reasanabl.e attorneys' fees and CXJUrt cxsts.
( 19) '!his is the entire }qJ.=ut:llL .be'blleen the psrties, arxi
there are IX) representaticns, ag:I8eIwl:::ll~, arrargement:s or
~ that are not fully expressed herein.
(20) '!his Agl:eca&c:llL can be executai in CXJUrTterpirt:s by the
pn-ties hereto, am as so executed shall oonsist of ale
agreelia:=llt, bi1xtirg CIl all the pirties.
5
IN WI'INESS WHEREDF, said City has caused its nama to be affixed
by its Mayor am City Clerk, who are duly authorized by
resolution of the City Council, and said OWner has caused his
name to be affixed the day am year first above written.
CITY OF CAMPBELL
APProVED AS 'IO FmM:
~hA~~~d-
Barbara D. Conant, Mayor
A'ITESI':
~~
AnlleB"jbee
City Clerk
CMNER:
THf F"';-r~""I~.:G INSTRI.I,.,~E"'IT ;8 A TPJE
A\Ci '~""r.'r ,e,! Of'ThE c.r3'N'\!.
ON F" ::-'... h"!~ 'JfFiCE.
Cw.Jz.-
6
NOTARY FOR INDIVIDUAL SIGNATURE
STATE OF CALIFORNIA
County of Santa Clara
I
I ss.
I
On this 5th
day of
I-1arch
, 19 ~, before me, Anne G. Bybee
a Notary Public in and for the County of
Santa Clara
, State of
California, residing therein, duly commissioned and sworn, personally appeared
Colin B. Jaques and Carol B. Jaques
personally known to me (or proved to me on the basis of satisfactory evidence) to
be the persons whose names subscribed to the within instrument and acknowledged
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 in this certificate first above
written.
/1 ~!/~
Nota~ in and for the
County of Santa Clara
State of California
"NOTARY SEAL"
My commission expires
Harch 5, 1996
EXHIBIT "A"
All that certain real property situate in the City of CCmJpJell,
COlmt.y of Santa Clara, state of California described as follows:
BmINNIN:; at an iron pipe set on the North line of that parcel
of lam described in the Dee:i to L. DubJrg, recorded October 3,
1945, Book 1288 Official Recatds, Page 374, distant thereon
North 89059' Fast 136.72 feet fran the Nort:l'1t.,.1es comer thereof
on the East line of M::Gli.ooey Lane;
'!HENCE from said point of begirming North 89059' East along said
line of the lams of L. DuBurg, 55 feet to an iron pipe;
'!BENCE South 0028' Fast parallel with said line of Mc:Glincey
Lane, 150 feet to an iron pipe;
'!HENCE South 89059' West, parallel with said line of the lams
of DuBurg, 55 feet to an iron pipe;
'IHENCE North 0028' West am parallel with said line of Mc:Glincey
Lane, 150 feet to the Point of Begirming.
7
WEST VALLEY SANITATION DISTRICT
OF SANTA CLARA COUNTY
SERVING RESIDENTS OF
CITY OF CAMPBELL
TOWN OF LOS GA TOS
CITY OF MONTE SERENO
CITY OF SARA TOGA
UNINCORPORA TED AREA
100 East Sunnyoaks Avenue
Campbell, California 95008
Telephone (408) 378-2407
October 20, 1993
IlE"'~
'-cl",o
Ocr 211993
PUBLIC
AOA~, ~~ "-
'''tiN/SiR. "'.
4iJO/lt
Mr. Colin Jaques
2050 Veronica Place
San Jose, CA 95124
RE veitenheimer Lane Sewer Extension Project
Installation of PVC on Top of Sanitary Sewer
Dear Mr. Jaques:
The proposed veitenheimer Lane sewer will be installed within a
sanitary sewer easement. The easement document clearly prohibits
any facility on top of a sanitary sewer main. Accordingly, you are
not permitted to install the PVC storm line within the sewer
trench.
Furthermore, your proposal of installation of the PVC in the same
sewer trench will cause the following problems:
1. The district will incur additional repair cost if we have to
repair our pipe.
2. Your PVC pipe will be severely damaged during the trench
compaction operation. For your reference, the compaction
operation will crush a vitrified clay pipe buried 3 feet below.
3. The practice of installing an underground utility on top of
another is simply bad engineering.
There is sufficient room in the roadway for the installation of
your PVC line, and I am sure you can find a better alternative.
Very truly yours,
Reid
nager/,~gineer
~.~
By athan K. Lee
istant civil Engineer
cc Mike Fuller, Campbell
(FORMERLY COUNTY SANITATION DISTRICT NO.4)
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: City Clerk
IiIC~
--I"
/lPR 9 $ /:)
P(J6/ic 10/. '" ? 1993
o/'~/EI) .
'flll)eer .
'I)g
April 27, 1993
Mr. and Mrs. Colin Jaques
2050 Veronica Place
San Jose, CA 95124
Dear Mr. and Mrs. Jaques:
At its regular meeting of April 20, 1993, the City Council adopted
Resolution No. 8475 authorizing the execution of a O~ferred Street
Improvement Agreement for property located at 184 Veitenhiemer Lane.
Please find enclosed certified copy of this Resolution together with
certified copy of said Agreement.
Please do not hesitate to contact this office (866-2117) or Michael
Fuller, Public Works Department, should you have any questions in
regard to the City Council's action.
Sincerely,
//7 )1
tt~ /~(u"'--
Anne Bybee
City Clerk
cc. Michael Fuller, Public Works
Enc.
jh
,~,Of CA-<1P8c;.
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CITY OF CAMPBELL
MEMORANDUM
To:
Frank Cauthorn
Building Official
Date:
January 28, 1993
From:
Michael A. Fuller
Assistant Engineer
Subject:
184 veitenhiemer Lane
-----------------------------------------------------------
We have reviewed the subject building plans, and the following
comments have been made on the grading and drainage plan:
1) Some elevations (approximately six) should be shown near
the middle of the parking area so that the surface slope of
the parking area can be established.
2) Some elevations (approximately 12 to 15) should be shown
around the perimeter of the subject property on the
adjacent properties. These elevations on the adjacent
properties should be shown as existing elevations. The
elevations on the adjacent properties must be matched so
that there is no abrupt elevation change at the property
line. The subject property must not drain into the
adjacent properties.
3) The storm drainage pump must be placed outside of the
area of reservation.
4) The storm water discharge at the curb should be modified to
eliminate excessive water velocity toward the street. A
bubble-up system as shown is an alternative.
5) The applicant must show evidence of an easement for the
drainage system off of the subject property.
If you have any questions, please call me at 866-2158.
cc: Joan Bollier
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City
Council
Report
Item:
Category: Consent Calendar
Date: April 20, 1993
Title:
Deferred street Improvement Agreement for 184 Vei tenhiemer
Lane (Resolution/Roll Call Vote)
RECOKHENDATIOH
Adopt the attached resolution authorizing the Mayor to execute an
agreement with Colin and Carol Jaques to install street improvements
adjacent to 184 Veitenhiemer Lane.
DISCUSSION
Backqround. On November 24, 1992, the Planning Commission granted
conditional approval to construct an industrial warehouse at 184
Vei tenhiemer Lane. The owners of this property were required to make
an irrevocable offer to dedicate eighteen feet of their frontage
along Veitenhiemer Lane and to execute a deferred street improvement
agreement.
Analvsis. Veitenhiemer Lane is within the McGlincey Lane Expansion
Area of the Central Campbell Redevelopment Plan. This private street
was created as a non-exclusive access easement in 1962. One of the
obj ecti ves stated in the amended redevelopment plan is the conversion
of private streets, including veitenhiemer Lane, to public streets.
If, at some future time, the Council elects to convert Veitenhiemer
Lane to a public street, the irrevocable offer of dedication will be
accepted and the owner asked to perform on his agreement to improve
his frontage. Pursuant to direction from the City Attorney, the
irrevocable offer of dedication is written such that it expires in
20 years.
FISCAL IMPACT
None
ALTERNATIVES
1. Require the dedication of right-of-way and the installation of
street improvements at 184 Veitenhiemer Lane now. This would
create an area of public right-of-way and public improvements
which is not adjacent to any other public right-of-way.
Additionally, these improvements may not be required if
Veitenhiemer Lane is not converted to a public street.
Deferred street Improvement Agreement
184 Veitenhiemer Lane
Page 2
April 20, 1993
2. Do nothing. This option precludes the City from requiring the
installation of street improvements on the frontage of this
property at a later date.
Prepared by: IMft 1-- ~'~pproved by: rx1 J~ fNY\.
Asst. Eng. ~s. Dir. 'ty Manager
Attachments: Plat
Resolution
Agreement
RESOLUTION NO
BEING A RESOLUTION AUTHORIZING THE
EXECUTION OF AN AGREEMENT FOR DEFERRED
STREET IMPROVEMENTS AT 184 VEITENHIEMER LANE
BE IT RESOLVED, by the City Council of the City of Campbell,
California as follows:
The Mayor is authorized to execute an agreement with Colin and
Carol Jaques to install street improvements at 184 Veitenhiemer
Lane.
PASSED AND ADOPTED this 20th day of April, 1993 by the following
vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
APPROVED:
Barbara D. Conant, Mayor
ATTEST:
Anne Bybee, City Clerk
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RECORDING REQUESTED BY
AIlD WHEII IECOIDED MAil THII DEED AIID VlllElI OTHEIWIIF. IHOWII
IElOW MAil TAXSTATEIIEIIT TO:
Nam. r
-,
CIty &
Stal. L
Colin B. Jaques
2050 VERONICA PLACE
San Jose, CA 95124-1440
..J
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Aclclr...
MAil TAX STATEMENTS TO
N.me r
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Aclclre..
City &
SI.I. L
-.J
TITlE OIDEI NO.
ESCROW NO.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
EASEMENT
GRANT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX is $ 0.00 easanent only
o computed on full value of property conveyed, or
o computed on full value less value of liens or encumbrances remaining at time of sale.
o unincorporated area 0 city of . AND
!.'OR"7\-'lfAtttA'Bt..~eeffSte1:'R".:rie~Tec.e; pt ~eforis- hereb y aelmowfedged-;-
M)RRIS BURMAN, Trustee of the Bunnan Trust, dated March 14, 1978
hereby GRANT(s) to
Colin B. Jaques and Carol B. Jaques as Corrmunity Property
the following described real property in the City of Campbell
County of Santa Clara . State of California:
A non-exclusive easanent as reserved in Deed to loDrris Bunnan, et ux, recorded
June 8, 1962, Book 5602 Official Records, page 168, for ingress and egress,
installation and maintenance of water, sewer, and stonn water pipes, over portion
of the Southwest 1/4 of Section 35, Township 7 South, Range 1 West, M. D. B. & M.,
described as follows:
Beginning at the intersection of the East line of Me Glincey Lane, as widened
by Deed to City of Campbell, recorded April 12, 1963, Book 5982 Official Records,
page 446, and the Southerly line of the parcel conveyed by Deed to loDrris Bunnan,
recorded July 29, 1959, Book 4496 Official Records, page 201: Thence fran said
point of beginning S. 890 48' E. along the Southerly line of said Bunnan parcel
293.93 feet to an angle corner therein; thence S. 0015' E. parallel with the East
line of Me Glincey Lane, 20 feet to a Southerly line of that parcel of land described
in Deed to Steve Veitenheirner, et ux, recorded March 28, 1945, Book 1243 Official
Records, page 456; thence N. 890 48' W. along said line, 293.93 feet to said East
line of 1-1c Glincey lane; thence N. O. 15' W. along said line 20 feet to the point
of beginning.
Dated J - /0 - 9".3
lnOulJ/J 'bUA/YV'().A/-tluA~-0
State of
Califonu.a
Santa Clara
County of
March 10, 1993
ID.retta J. Crocker
before me, (here insert the name and
On
title of the officer), personally appeared
M:>rris Bunnan
I
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s~ is/are su~bed to the within instrument
and acknowledged to me that he/shelthey executed the in hislherllheir authorized capacity(ies) and that by hlslher!lhelr Slgnature,s(s) on the instrument
the person(s), or the e . upon behalf of th (s), or the entity upon behalf of which the person(s) acted, executed the Instrument.
>
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OFFICIAL SEAL
LORETTA J. CROCKER
NOTARY PUBLIC - CALIFORNIA ( eal)
SANTA ClARA COUNTY
My Comm. Expires Aug, 25, 1'993 \
\
E-47
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.Order No.
D B37i':Gf 162
6087850
Escrov' or Loan No.
RECORDING REOUESTED BY
'JLID FOR REOORD-
AT RIQUEIT OF.
~,~
JUL ~'H '78
When Reca,:led ~"1ail To:
H~KLIN~H, COH~N & BIAGINI
101 Park Center Plaza, '700
San Jose, California 95113
D
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l~
.
Of IICIAL REOORD"
8ANT A OLARA 'OOUItlX!
SPACE ABOVE THIS LINE FoIii~~
DOCUMENTARY TRANSFER TAX S cons] nerat] on)
SJ7.'!Gf 162
MAIL TAX STATEMENTS TO:
Morris Burman
1355 E. Campbell Ave.
Campbell, CA 95008
CITY CONVEYANCE
To.. S
_ Computed on It\eo cons.deratlon Of ".Iue of properry convtyed;
OR
_ ComJ,utecJ on tht! con,ide,,,'lon or value less lie", Or r.ncum.
br;tnL~ remami. e of sale.
City
Fum Ndmc
GkANT DEED
Fe~~~~~~€eN~~AA~~~~e~~~~~~~ft~~.
MORRIS BURMAN and HENIA BURMAN, his wife
hereby GRANT(S) to
MORRIS BURMAN, Trustee of the Burman Trust, dated March 14,
1978
the real property in the City.:1 Campbell
CounlY 01 Santa Clara
, State 01 Calolorni.l, described ..
SEE EXHIBIT "A" ATTACHED.
Dated
JUL 20 1978
~~~~~
STATE OF CALIFORNIA
COUNTY OF
SANT A CLARA
I
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on~ ~~ /f/7g
bet or me, unders gned. a Notary Public In and lor wad Sla,e,
personally __.ed MORRIS BURMAN and
HENIA BURMAN
=.......................n............II....................
=i Q OFFICIAL SEAL E
! . PENElOPE A. CAMPAGNA ::
= NOTAlY .-vIUC _ CAWOIUI" S
i ~~~. 1M ClA':i e
i 111., comm/";,." faphe, DocMOh. 7. '980 E
............................n.o..",. ........ 0' o. ~, 0 ::
"'nown to nle 10 be 1". person:"";_ whose ""rr...s a r~
CTh'I .r.. tOf ollie..1 no,...... '..U
ATEMENTS AS DIRECTED AIl"OVE
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BOOK 5602 rc168
2205327
.
Jlccorded at request of:
5eCK 5602 rc168
When recorded mail to:
Record.d ., ~..'~' 'r~~~.lt oJ ~
CihJ Tille IJ1suran~e Co.
JUN 8 1962a.:~AM
PAUL R. TEILH, R.ker, I
S.nl.C..~':: ....:,..;~i.IRec~
. A804E IJ](.E SOU-LV I' RECORDU'S USE
....._Jo.1r......&..l.U:l>.... ..~!Qr.r.i.1$. ..#.!Ar.J!I~.n...........
_,.._.1il.83...~cllr.ild.e.r...ur~Y.e........................
._.._.~an...".Qa.e...,..Cali!.ur.llia........,...........,
JOINT TENANCY DEED
STl!:Vl:. Vl!:! Tc..\Ii.t.I.'I..1(,
Mrrby do............. Grllnt to
~IC~,lS Dl.\o'IA;\ ,\:\u 1I...'\IA ill.,},:\o'\, his wiCe
In Joint T~n''''~l' all that rral propc:rty situated in thr ~i ty of CampLe It
County of
::iuntu l;liu'a
Slalr of California. drKribrd as (allows:
i-eginnin~ ilt u I.oiut on the eitstel'!,)' line oC Hctilincey L.mc, at the
&outhwesterl~' c(,rner' of that certain parcel of Imul dc>'criLed in thc
lJecd fro III ::>t.e\'c Vcit.cnheimer t.o ~iorris bUI'lIlun, et. IIX; record cd July
:!9, 1959 in the ofCicc of t.hc ;;ccor.ler llf the l;ullnty oC ,santa Clara,
State of l;alifvrnilt in Uook. 4.1!Jti uf vf1ici,ol accol'ds, l'i1ge :!Ol;
thence from lSuid l.oint of beginnin~ .s :itl" 'I~' ;.:; alonE' the most
southerly line uf t.he last mcnt.ioned 1'..rcel of lancl 30;'i.!)3 ft. to
all angle corner thcrein; lIll"nC'l' S (l~ .5' ~ .mcl 1>.:1',,11..1 wit.h said
easterly line uC said I>lc\;llllcey Lane .;v.OO ft.. to .. point on a
suut.herly Iill.: or that cCZ.t.,i1l I'lu'c.!1 or \;,nd described ill t.he l.Iecd
from liolJert C. IIcJ.bchlJach, et ux, to :'te\'c VcitcllheiRlcr ct \IX,
recorded ~1"I'ch ~tS, 1945 in t.he office of the ..:ccorder of t.he County
of Suntn <'1..1'''' .:>t.ate of ~aliful'nia ill 1.00.. 1~1:; of ,.fricinl .,ecords
ilt. page '1~\Ji t.henc',: .\ !:SU. 'I~' i, ulong the last mentioncd linc
~u~.~:; fl.. ~u.a i,vi:.t. :;;; ~~:i~ '.:'t~~."f'ly Iln~ of ...cullncey L,~ne;
t.hcnce ~ o. 1;:;' II alon~ t.he l.lst lnellt.ioned line :!o.ou fl to the
point of lJeginning.
+:
Hc,S,-=rvinc; t.hcrcfl"olU iloll C,U:icmcnt
hereinilbov,", dcscrilJcd purcel oC
Grantor herein.
fOI" il;gre~s hild co i._-.J.~t.'.;..:~s over the
land, appurtenant to the remaining land of the
~.~~.....................,
:. T.,.. '" V .,.11 J:.;\!i.,1....,..(
Datrd :...................}...(!y...J~,a....t~.9.;:...............................
......n... .n..... ..... ..o..u............. .......... ..n.... ................. no" ....... .........-.
.....................................................................................................
STATE OF CALIFORNIA t
;~!:;g:jf~:Ji:i~~f~~~;~2:.:~:~::;;:~;~;~~.:'~.:~~-:
'. .'.(.r~.'~ iii". ."1,, ,,,,___ ~SI.....,........tf?.......,.bJ(.;b,J,. '''':4'i'b~' 'it" .,., ..J .CI.."'/,JI'J~b"'.... ............~.e................
"!'':/~~ ,h, ,UI'. . # ~ L _ -11- if "'
r' "/Tf'{E!f~ "'1 "".J ..J .Ici-'! "J, ... ... ..~;;;;:;....G......... ... ...... . .. .
(SEAt) '.::. '., .. . ,," .,',' No'"" P.b .
M, ~D41~i;~;~:;;;M.t:::'ti~;i2.,,6:L.::........ ... ........................... ..n.!'!,lJI.,t;;i<r..J~.,...Yi~I1;,[{P...............................
. . 'r.. .' .. . Pr.ntcod or typc'd na~ 01 NoI.uy Pubhc
February 11, 1993
I Morris Burman, as owner of the property described below, do hereby grant
ingress and egress over said property to Colin B, Jaques. Further more, I give
my permission for this right of way to be used as required for any trenching work
relating to storm water, water supplies, or sewer pipes. It is my understanding
that the right of way will be repaved after any such work to the City of Campbell's
approval for the traffic usage.
A map showing the right of way is attached hereto as Exhibit A.
The property is described as follows:
In the City of Campbell, County of Santa Clara, State of California, as recorded
in Book 5602 Official Records, page 168. Beginning at the intersection of the
East line of McGlincey Lane, as widened by Deed to City of Campbell, recorded
April 12, 1963, Book 5982 Official Records, page 446, and the Southerly line of
the parcel conveyed by Deed to Morris Burman, recorded July 29, 1959, Book
4496 Official Records, page 201; thence from said point of beginning S. 89' 48'
E. along the Southerly line of said Burman parcel 293.93 feet to an angle corner
therein; thence S. 0' 15' E. parallel with the East line of McGlincey Lane, 20 feet
to a Southerly line of that parcel of land described in Deed to Steve
Veitenheimer, et ux, recorded March 28, 1945, Book 1243 Official Records,
page 456; thence N. 89' 48' W. along said line, 293.93 feet to said East line of
McGlincey Lane; thence N. 0' 15' W. along said line 20 feet to the point of
beginning.
,f} <i" i-I)
Dated this ,7'--0 -day of February, 1993 in the City of Campbell, County of
Santa Clara.
,. .-----;_..
n .Ie 1',););;/ IJ1L (" lYlk~.z.., Morris Burman
G1
'111.3-50-14 10-16
m -2-68 B
RIlCORCING RIlQUIl.TIlC .v
ZO * Z5.85
WESTERN TITLE QUARANTY COMPANY
3~nta C13r~ County Division
ANO WHCN ".CO"OID MAIL TO
1MI'. ~ Mrs. Morrie Burman
...... 864 MoQl1ncey Lane
.00.... Oampbell, C~11 ~Ol'ni8
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95008
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TIlle Order l'll,_
Escrow No.
......L ,... .. .........,. 1'0
r !Ill'. Pc lOtI'S. Mol'rie Burman ,
...... 864 McQl1ncey Lane
."..... Campbell, :::alU'ornla
C.. .
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95008
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3362520
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THI. ~~& r.01l ""CORCIlR'. un
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Jnbibibual Joint tltenanc!, J)eeb
WEeT.lItH ,..TLa "0"" NO tOS
fOR \" \LUE RECEIVED.
S'l'ElTE VEITENHElMER
MORRIS BURMAN and HENIA BURMAN, his wife,
GR 0\ SL...!!-Io
Counl~ C'I
SANTA CLARA
City of CAMPBELL
. Slale 01 California. dc...:nbed as {ollows:
,.. JOI~T TE~"STS at: thaI real propeny Slluate in the
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?or "eacrlption of the pre"ises, Exhlbi": ;,1':';,1che,j her~l;o.
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EXhiblt A as 1'eferred to 1n the Deed dateJ Janua1'Y 22, 1~68 froll
steve veltenhelme1' to 1401'l'18 :BUt'man and Me:lia 3\Jr'11an, hU wlfe.
The real property referred to is described as follows:
:f\::.~!rhose parcels of land in the City of Campbell, County of Santa
_.__""." .Clara, State 01' Ca11fornia, described as follows:
~
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PARCEL ONE
A portion of the Southwest 1/4 of Section 35, Township 7 south,
Range 1 West, M. D. B, & M., described as fo11~ws:
Beginning at the Southeast corner of the parcel of land conveyed
to Morris aurman, et ux, by Deed recorded Ju~e 8, 1962, nook 5602
Official RecordS, page 168, said ~oint being in a Southerly line
of the parcel of land conveyed to steve Veitenheimer, et ux, by
Deed recorded March 28, 1945, Book 1243 Official RecordS, page 4?6; .
thence from said point of beginning~ along the boundaries of said
Veltenheimer parcel as follows: S. ~90 45' E. 42.97 feet, S. 00
50' W. 44 feet; s. 890 45' E. 99 feet; N. 330 54' E., S8.31 feet;
N. 450 36' w. 10C.15 feet, and N. 380 20' w., 40.67 feet to the
most Easterly co~ner of the parcel of land conveyen to Morris Burman
et ux, by Deed recorded July 29, 1959, Bool':: 4496 Officlal Records,
page 201; thenc~ along the Southeast line of said ~urman parcel,
S. 390 43' 30" ~., 154.79 feet to t~~ :'~~~~ea~t corner of the f1rRt
above mentioned Burman VCll'cel; tr.e~c.' "n:: the East I1ne of sald
p".rcel. S. 00 15' E., 20 feet to tr,(. : of beginning.
PARC~I;.~:T'h
~t - -'7~jl~':::-
A non-exclusive easemeHt as app'ui:~nan:' '." Farcel One above, as
reserved in Deed to, Morris Burman'~:', et UJ'., ~'~~orded June a, 196;:,
BOok 5602 Offic~.al;~Oords, page i68, for ingress and egress over
portion of the southW~8t 1/4 of Sect1~n 35, Township 7 South, Ra~~e
1 ~o/est, M D, B. & M.I,' described t..s follows;
Beg1nning at the intersection of the East Jlne of Mc Glincey Lane,
a~ widened by Deed to City of Campbell, recorded April 12, 1963,
nook 5982 Official Records, p~ge 446, and the foutnerly 11n~ of
tne parcel conveyed by Deed to Morris BU1~n, recorded July'29,
1959, BOok 4496 Offlcial RecordS, page 201; thence from said point
of beginnlng S. 890 48' E. along the southerly line of said Burman
parcel 293.93 feet to t 1 angle corner therein; thence S. 00 15' E.
parallel w1th the East .!.ine of Mc Qlincey Laue, 20 feE:t to a
south~rly line of that parcel of land described 1n Deed to steve
veitenhelmer, et ux, recorded March 28, 1945, Book 1243 Oflicial
RecordS, page 456; thence N. 8ge 48' W. along said 11ne, 293.~3
feet to said East line of Mc Qlincey Lane; thence N. 00 15' W. along
sa1Q ~1ne 20 feet to the polnt of b~gtnnlng.
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RECEIUED FROM 408 647 2116
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06.24.1992 14:25
P. 8
r
CITY OF CAMPBEll
70 NORTH FIRST STREET
C AMP 8 ELL, C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
January 5, 1992
Mr. Colin Jaques
2050 veronica Place
San Jose, CA 95124
Subject: 184 veitenhiemer Lane
Dear Mr. Jaques:
Enclosed please find three copies each of the two documents
required for your proposed development on veitenhiemer Lane.
The Deferred Street Improvement Agreement obligates you to install
street improvements at some indeterminate time in the future. The
pump and appurtenant storm drainage improvements which are shown on
your grading and drainage plan are not covered by this agreement,
as they are to be installed concurrent with your development.
The second document, the Irrevocable Offer of Dedication of Fee
Title, offers for dedication the required right-of-way for street
improvements. This document has been prepared in such a format
that it only takes effect if and when the City Council formally
accepts this offer for the installation of public improvements on
veitenhiemer Lane. The City is not accepting the offer for
dedication at this time.
Please return two copies of each document, signed and notarized.
The additional copies are for your files. If you have any
questions, please do not hesitate to call me at 866-2158.
Very truly yours,
~~~
Michael A. Fuller
Assistant Engineer
~tJi
Attachments
f:184Veit.ltr
P. O. B.
N/E COR,
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LAND TO BE GRANTED
CONTAINS 0.02.27 Ac.re.5
LAND TO BE GRANTED TO THE
CITY OF CAMPBELL
INFORMATION PLAT BASED ON RECORD DATA
SCALE: I U ~ 50/
DATE: Dec.. \992
DR. BY: J. 'P.
CK. BY:
;?~C'E/ V&l:)
i~Y M/?/J- C;po/i2
Santa Y-tl
r::nra I e
Company
o 701 MILlER STREET AT TAYLOR, SAN JOSE, CA 95110 .,...".,.,.,.. (408) 288-7800
o 320 SARATOGA AVENUE. LOS GATOS. CA 95030 ....,.......,.",... (408) 395-70n
o 4020 MOORPARK AVENUE. SUITE 116, SAN JOSE, CA 95117 ..,..,.." (408) 985-8120
o 700 SOUTH BERNARDO AVENUE. SUNNYVALE, CA 94087 .......",.. (408) 733-5591
o 1475 SO. BASCOM AVENUE. SUITE 104. CAMPBELL. CA 95008 .....". (408) 371-0104
o 419 SO. SAN ANTONIO ROAD, SUITE 106. LOS ALTOS. CA 94022 ....., (415) 949-0870
o 2BOO EL CAMINO REAL. SUITE 100, PALO ALTO. CA 94306 .......,..., (415) 858-1281
o 20375 STEVENS CREEK BOULEVARD, CUPERTINO, CA 95014 ........ (408) 252-0600
o 1231 SOUTH PARK VICTORIA DRIVE, MILPITAS. CA 95035 ....,..,.". (408) 263-2555
o 50 W. SAN FERNANDO ST.. SUITE 420. SAN JOSE. CA 95113 ...,..,.,. (408) 266-7800
o 1622 E. CAPITOL EXPRESSWAY, SAN JOSE, CA 95121 ....,......,... (408) 238-1133
o 1303 JACKLIN ROAD. MILPITAS. CA 95035 ,."..................... (408) 946-4101
PRELIMINARY REPORT
BUckman Turkus
Attn: John Allard
25 Lower Ragsdale Dr.. #1-100
Monterey. California 93940
Property Address: 184 Veitenhiemer Lane
Campbell. California
IMPORTANT
WHEN REPLYING REFER TO
OFFICE NOTED ABOVE.
OUR NO. LG 73278
YOUR NO.
ESCROW OFFICER: Glori Jarnagan
TITLE OFFICER: Al Pielenz/ rk
In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is prepared
to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate
or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbr-
ance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Condi-
tions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached, Copies
of the Policy forms should be react They are available from the office which issued this report.
This report (and any supplements hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance
and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a
Binder or Commitment should be requested.
The form of policy of title insurance contemplated by this report is:
CLTA STANDARD COVERAGE POLICY
Dated as of
May 19
,
,19~,at7:30a.m. C-~~ 5;:,,..,
-j
Title Officer
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A Fee
Title to said estate or interest at the date hereof is vested in:
ROBIN R. FORSBERG AND NANCY LEE FORSBERG, Trustee under Revocable Trust
Agreement dated December 19, 1991, also known as the "Forsberg Family Trust,
as their community property
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be
as follows:
See following pages for exceptions.
LG 73278
Page 2
1. TAXES for the fiscal year 1992-93, a lien, not yet due or payable.
2. TAXES for the fiscal year 1991-92, a lien, shown as follows:
1st Installment $495.11
2nd Installment $495.11
Assessor's Parcel No. 412-34-009
Land $78,829.00 IMP NONE PP
PAID
DELINQUENT-PENALTY $59.51
Code Area 10-106
NONE Exemp NONE
3. The lien of supplemental taxes, if any, assessed pursuant to the
provisions of Chapter 3.5, (commencing with Section 75) to the Revenue and
Taxation Code of the State of California.
4. An easement affecting a portion of said land and for the purpose stated
herein and incidental purposes. The exact location of which cannot be
ascertained of record
In favor of San Jose Water Company
For Right of Way for pipe lines
Recorded May 25, 1870 in Book 18 of Deeds, Page 88
5. An easement affecting a portion of said land and for the purpose stated
herein and incidental purposes. The exact location of which cannot be
ascertained of record
In favor of F.J. Fisher, etal
For Pipe Line for irrigation purposes
Recorded March 31, 1924 in Book 78, Page 242,
Official Records
6. An easement affecting the portion of said land and for the purpose stated
herein and incidental purposes,
In Favor Of Pacific Gas and Electric Company, a California
corporation
For Underground main or pipe line
Recorded April 13, 1948 in Book 1610, Page 265.
Official Records
Affects Northerly 10 feet
7. Covenants, conditions and restrictions in the deed,
Recorded May 14. 1948 in Book 1615. Page 199.
Official Records.
Restrictions, if any. based upon race. color or creed are deleted.
Said covenants. conditions and restrictions do provide for reversion of
title in the event of a breach thereof.
Which provides that a violation thereof shall not defeat or render invalid
the lien of any mortgage or deed of trust made in good faith and for value.
Reference to the records is hereby made for further particulars.
LG 73278
Page 3
8. An easement affecting the portion of said land and for the purpose stated
herein and incidental purposes,
In Favor Of San Jose Water Works, a California corporation
For Transmission and distribution of water
Recorded April 14, 1949 in Book 1773, Page 134,
Official Records
Affects Northerly 15.00 feet of said land
9.
Certificate of
Against
Amount
Tax Year
Assessment No.
Recorded
amount of unsecured property tax and penalties--
Forsberg, Robin R. & Nancy L.
$30.45
1986
86-990945-7
February 6. 1987 in Book K 030. Page 996.
Official Records
10. Certificate of amount of unsecured property tax and penalties--
Against Forsberg. Robin and Nancy L.
Amount $185.32
Tax Year 1986
Assessment No. 86-991295-6
Recorded February 6, 1987 in Book K 030. Page 1139.
Official Records
11. Rights of parties in possession of said land by reason of unrecorded
leases. or rental agreements. if any.
12. Any facts. rights. interests or claims which a correct survey would show.
13. Terms and conditions contained in that certain Trust Agreement disclosed
by the deed to Robin R. Forsberg and Nancy Lee Forsberg. Trustee under
Revocable Trust Agreement dated December 19, 1991. also known as the
"Forsberg Family Trust" as their community property and the requirement
that a true copy of the trust agreement and any amendments or supplements
thereto. be submitted for examination.
NOTES:
a. This report does not reflect requests for notice of default. requests for
notice of delinquency. subsequent transfers of easements. and similar
matters not germane to the issuance of the policy of title insurance
anticipated hereunder.
b. If this company is requested to disburse funds in connection with this
transaction. Chapter 598 of 1989 Mandates of the California Insurance
Code requires hold periods for checks deposited to escrow or sub-escrow
accounts. Such periods vary depending upon the type of check and
anticipated methods of deposit should be discussed with the escrow
officer.
LG 73278
Page 4
c. No endorsement issued in connection with the policy and relating to
covenants. conditions or restrictions provides coverage for environmental
protection.
d.
There is an additional $10.00 fee for recording a deed with a Legal
Description other than an entire lot on a recorded final map.
e.
According to the public records. no Deeds conveying the property
described in this report have been recorded within a period of two (2)
years prior to the date of this report. except as shown herein--
NONE
f.
The property as described herein does not appear to have any access of
record to any public street. road or highway.
Date Last Insured: 12-31-85
LEGAL DESCRIPTION:
"SCHEDULE C"
LG 73278
All that real property situate in the City of Campbell, County of Santa Clara,
State of California, described as follows:
Beginning at an iron pipe set on the North line of that parcel of land
described in the Deed to L. DuBurg, recorded October 3, 1945, Book 1288
Official Records, Page 374, distant thereon North 890 59' East 136.72 feet
from the Northwest corner thereof on the East line of HcGlincey Lane; thence
from said point of beginning North 890 59' East along said line of the lands
of L. DuBurg, 55 feet to an iron pipe; thence South 00 28' East parallel with
said line of HcGlincey Lane, 150 feet to an iron pipe; thence South 890 59'
West, parallel with said lands of DuBurg, 55 feet to an iron pipe. thence
North 00 28' West and parallel with the said line of HcGlincey Lane, 150 feet
to the point of beginning.
ARB No. 413-50-11
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CITY OF CAMPBELL
CA.
MEMORANDUM
To:
Michael A. Fuller, Assistant Engineer
Date:
November 2, 1992
From:
Bill Seligmann, City AttorneY'JjW
!
Subject:
184 Veitenhiemer
----------------------------------------------------------
CONFIDENTIAL:
A TIORNEY -CLIENT
PRIVILEGED
BACKGROUND
The existing lot at 184 Veitenhiemer was legally created sometime prior to the
City's subdivision regulations. At present, it has easement rights for
ingress and egress, but does not have direct access to a public street.
ISSUES
1. Does Section 20.84.020 of the Campbell Municipal Code require that land
development is subject to all restrictions imposed on subdivisions,
including frontage on a public street?
2. Can development take place on a legally existing lot that does not have
frontage on a public street?
DISCUSSION
A. Interpretation of Chapter 20.84
Section 20.84.020 is somewhat ambiguous, since it refers to "the
regulations in this part." Unfortunately, the Municipal Code is divided into
Titles, Chapters and Sections, not "Parts." Normally, "parts" are more
inclusive than "chapters," but less inclusive than "titles." Consequently,
the term does not really fit into the Municipal Code scheme.
However, the content of Chapter 20.84 seems to suggest that "part" was
intended to refer to the Chapter. This interpretation is reinforced by the
fact that Section 20.84.020 lists certain applicable regulations, rather than
simply referring to the overall Title. Therefore, the regulations of Section
20.16.030 governing street frontage do not appear to be incorporated in
Chapter 20.84.
Michael A. Fuller, Assistant Engineer
184 Veitenhiemer
November 2, 1992
Page 2
B. Street Requirements for Existing Lots
A legally existing lot must be allowed some reasonable use. To totally
preclude all reasonable development could subject the City to an inverse
condemnation action, requiring the City to acquire the lot. Following from
this principle, the City cannot preclude development of a legal lot that has
no public street frontage.
Although the City cannot preclude development on a legal lot, the City, of
course, retains the authority to require reasonable conditions on the
development. These conditions, however, must (1) be reasonably related to a
legitimate health, safety and welfare concern; (2) be so designed as to
reasonably advance that concern; and (3) not be so burdensome as to make the
development impossible.
CONCLUSION
1. Section 10.84.020 of the Campbell Municipal Code does not require that
land development is subject to all the restrictions of Title 20.
2. Development of a legally existing lot can take place without having
frontage on a public street, if other access is provided.
WRS:jjs
f:fuller/ A
CITY OF CAMPBELL
MEMORANDUM
To:
william Seligmann
City Attorney
Michael A. Fuller qrtb- ~
Assistant Engineer
Date:
October 20, 1992
From:
Subject:
Chapter 20.84 of the Municipal Code
184 Veitenhiemer Lane
----------------------------------------------------------
This memo is to follow-up on our conversation approximately two
weeks ago regarding development on lots without public street
frontage. Section 20.84.020 of the Municipal Code reads in part
as follows:
"In addition to any other regulations provided by law, the
regulations in this part shall apply to all developments or
parts of developments hereafter made of land within the limits
of city." A copy is attached for your reference.
The questions was posed: Does this mean that land development is
subject to all restrictions imposed on subdivisions, including
the requirement for frontage on a public street (per Section
20.16.030, attached)?
Is it your opinion that development can take place on a legally
existing lot which does not have frontage on a public street?
A written response would be appreciated, as this impacts a
development application received by Planning for 184
Veitenhiemer Lane. This property fronts on a private
street/easement off of McGlincey Lane.
20.16.010--20.16.030
(b) Tentative Parcel Maps. The planning director
shall constitute the nadvisory agencyn for tentative parcel
maps. (Ord. 1619 ~1 (part), 1986).
Chapter 20.16
PARCEL MAP PROCEDURES
Sections:
20.16.010
20.16.020
20.16.030
20.16.035
20.16.040
Requirement.
Tentative parcel map.
Action on tentative parcel maps.
Exception to access requirement.
Parcel map waiver.
20.16.010 Reouirement. A parcel map shall be filed
and recorded for any subdivision for which a tentative
and,final map is not required by the Subdivision Map Act
except for subdivisions created by short-term leases
(terminable by either part on not more than thirty days
notice in writing) of a portion of an operating right-of-
way of a railroad corporation defined as such by Section
230 of the Public Utilities Code; provided, however, that
upon a showing made to the planning director based upon
substantial evidence that public policy necessitates such a
map, this exception shall not apply.
Such maps shall meet all requirements of the Subdivi-
sion Map Act and of this title and shall show all dedica-
tions or offers of dedication thereon.
The planning director may require that such dedica-
tions or offers of dedication be made by deed in lieu of or
in addition to appearing on the map. (Ord. 1619 ~l(part),
1986) .
20.16.020 Tentative parcel map. When a parcel map is
required by this title, a tentative parcel map shall first
be filed with the director of public works. Said map shall
meet all the requirements for tentative maps provided by
the Subdivision Map Act and this title. (Ord. 1619 ~1
(part), 1986).
20.16.030 Action on tentative parcel maps. The
planning director shall approve or deny an application to
subdivide lands into four or fewer lots. Applications
therefor shall be accepted only upon payment of a fee in
an amount prescribed by resolution of the city council.
295
(Campbell 8/91)
20.16.030
Before approval or conditional approval may be given,
such subdivision must be considered by the city engineer.
All conditions required by the city engineer shall be
incorporated in the planning director's conditional approv-
al. Denial by the city engineer shall require denial of the
tentative map.
All lots created by such subdivision shall have front-
age upon a street dedicated as a public street, provided
that the planning director may approve not more than one
lot without such required frontage on a public street,
hereinafter referred to as nrear lot,. under the following
conditions:
(1) The front lot shall meet all of the requirements
of the zoning district within which it is located.
(2) The rear lot shall meet all of the requirements of
the zoning district within which it is located and, in
addition, shall have an area which exceeds the lot area
requirement by ten percent exclusive of any access to a
public street.
(3) Access to the public street for a rear lot shall
not be over an easement but over land under the same
ownership as that of rear loti such access shall have a
minimum width of fifteen feet and shall have a paved way
not less than ten feet in width.
The planning director shall have authority in granting
such application to impose such conditions as are deemed '
necessary to protect the best interests of the surrounding
property or neighborhood consistent with the general pur-
pose and intent of this title, including, but not limited
to, adequate provisions for fire protection, easements for
public utilities and improvements of all proposed streets
to the standard prescribed in Title 11 or such lesser stan-
dards as may be approved by the planning director.
Before such subdivision is approved, the applicant
shall pay all unpaid county and municipal taxes except
taxes not yet payable.
A denial of such application may be appealed by the
applicant to the planning commission within ten days after
the mailing of notice of the decision of the planning
director to the applicant at the address shown on the
application.
The appeal shall be in writing, shall be filed with
the secretary of the planning commission, and shall gener-
ally set forth the grounds of appeal. Any decision of the
planning director not so appealed shall be final on that
tentative map, and any appeal not filed within the specific
time shall be dismissed by the planning commission. After
due consideration, the planning commission may approve, ap-
prove subject to conditions or disapprove the appeal.
(Campbell 8/91)
296
20.80.010--20.84.020
Chapter 20.80
ENVIRONMENTAL IMPACT AND GRADING AND EROSION CONTROL
Sections:
20.80.010
20.80.020
Environmental impact.
Grading and erosion control.
20.80.010 Environmental impact. No parcel or tentative
map filed pursuant to the provisions of this title shall
be approved until an environmental impact analysis is pre-
pared, processed and considered in accordance with the pro-
visions of city EIR guidelines. The subdivider shall pro-
vide such fees as may be required for the preparation and
processing of environmental review documents. (Ord. 1619
Sl (part), 1986).
20.80.020 Grading and erosion control. Every map
approved pursuant to this title shall be conditioned on com-
pliance with the requirements for grading and erosion con-
trol, including the prevention of sedimentation or damage
to off-site property. .(Ord. 1619 Sl (part), 1986).
Chapter 20.84
LAND DEVELOPMENT--GENERAL PROVISIONS
sections:
20.84.010 Development defined.
20.84.020 Regulations.
20.84.010 Development defined. "Development" means
any land or portion thereof shown on the last preceding
tax roll as a unit or as contiguous units, the use of which
is to be so changed as to require a rezoning, building
permit, use permit, variance, "CM" zoning area approval or
"5" special zoning area approval. (Ord. 1619 Sl(part),
1986) .
20.84.020 Regulations. In addition to any other
regulations provided by law, the regulations in this part
shall apply to all developments or parts of developments
hereafter made of land within the limits of city.
(1) Easements for streets and public service purposes
shall be dedicated as required by the city engineer.
(2) Standard street improvements shall be installed
as required by the city engineer.
318-1
(Campbell 9/88)
20.88.010
(3) Fees shall be paid in an amount prescribed by res-
olution of the city council for the purposes of defraying the
actual or estimated costs of installing storm sewers, or plan
checking and inspection of street improvements. (Ord. 1619
S 1 (part), 1986).
Chapter 20.88
PENALTY
Sections:
20.88.010 Penalty.
20.88.010 Penalty. It is unlawful for any person, firm
or corporation to violate any provision, or fail to comply
with any mandatory requirement of this title. Any person,
firm or corporation committing any unlawful act under this
title shall be guilty of a misdemeanor pursuant to Section
1.04.010 of this code. (Ord. 1693 Sll, 1988).
(Campbell 9/88)
318-2
CITY OF CAMPBELL
MEMORANDUM
From:
Gloria Sciara
Planner I
Mike Fuller ~~
Assistant Engineer
Date:
October 7, 1992
To:
Subject:
184 veitenhiemer Lane
This memo is intended to supplement Comment #2 in the
Engineering Division's previous comments dated September 8,
1992, regarding the above application:
1) The applicant shall make an irrevocable offer of dedication
of eighteen feet along the veitenhiemer Lane frontage of his
property. This offer of dedication will be accepted by the
city at such time that veitenhiemer Lane becomes a public
street.
2) The applicant shall sign a deferred street improvement
agreement for the improvement of the Veitenhiemer Lane
frontage of the property.
3) The applicant shall demonstrate that veitenhiemer Lane is
constructed in such a way as to withstand the potential
traffic generated by the proposed use at this property. Any
portions of Veitenhiemer Lane which are insufficient must be
improved so as to withstand this traffic.
Our remaining comments still apply. If you have any questions,
please call me.
/ 7/,1/1 ~
~)
f:VEITl (WPjJD)
DEPARTMENT COMMENT SHEET
SITE & ARCHITECTURAL COMMITTEE
PLANNING COMMISSION
SARC meeting date:
General Comments Due:
Preliminary P.c. Date:
August 24, 1992
September 10, 1992
September 7, 1992
September 22, 1992
Date Routed:
ROUTE TO:
Architectural Advisor
Fire Department
Police Department
Redevelopment Agency
Engineering
Corporation Yard
Building Division
PROJECT DESCRIPTION
S 92-04
Public Hearing to consider the applictaion of Mr. John Jaques for
a Site and Architectural Permit to allow a 3190 square foot
industrial building located at 184 Veitenhiemer Lane in a M-1-
S (Light-Industrial) Zoning District. APN: 412-34-009.
PROJECT INFORMATION:
See Plans
Application No. S 92-04
Applicant: John Jaques
Property Owner:
Location:
APN:
General Plan:
Zoning:
Proj ect Planner
i
...... ..,
184 Veitenhiemer Lane
412-34-009
AUG 24 1992
{"\::.,:!j ,-, \"L;'
1"-. .
, ;.::::g;::::c:::;-j:J:J
Light Industrial
Gloria Sciara
ENVIRONMENTAL REVIEW:
X Categorical Exemption
Negative Declaration has been prepared
Environmental Impact Report will be required
If your department believes that additional environmental review is required, please
attach an Initial Study identifying and discussing your areas of concern,
3Ee rlTf1-?CllcD
L C' /Z--11V1 [/1/73'
CITY OF CAMPBELL
MEMORANDUM
To:
Gloria Sciara
Planner I
Date:
September 8, 1992
From:
Mike Fuller
Assistant Engineer
Subject:
184 veitenhiemer Lane, S 92-04
The Engineering Department's comments regarding this application
are as follows:
1) Since access to this site is available only from a private
right-of-way, the applicant must demonstrate his authority
to use this right-of-way for ingress and egress to the
site.
2) The Redevelopment Agency has considered making veitenhiemer
Lane a public street as part of their work in the McGlincey
area. If this is a realistic possibility, we should secure
a commitment from the owner to dedicate right-of-way and
install improvements. We should get RDA involved to
establish what the possibilities are for Veitenhiemer, and
then decide what to require in terms of dedication and
improvements.
3)
Recalling
deficient
required,
further.
my discussion with you on 9/3, parking appears
on the current application. If dedication is
the parking opportunities will diminish even
This problem must be addressed.
4) A grading and drainage plan must be submitted to show how
the runoff from this site flows to a public street. There
is no storm drain in McGlincey at veitenhiemer. The storm
drainage system in this area appears to be deficient, and
an upgrade may be in the Redevelopment Agency's plan for
this area. Off-site storm drainage improvements may be
required for this development.
5) Standard driveway widths and parking clearances must be
observed if public improvements are required on the
frontage of this property.
If you have any questions regarding these requirements, please
let me know.
I' ri
'at;h1B: dj r
Ref. No.
TELEPHONE CALL
DATE 7/50/5 2-
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TlME.A I ~ (Jl)
PRoJlct V~fT!1fJ ffl'~e7t
RECORD
,B3 PLACED CALL
C RECEIVED CALL
MJClF
NAME
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C I~ ~ C,?;e1/Z1/C.C.
COMPANY
OF C of'C SPOKE WITH BI!.t S6 t./6'M/I/VN
NAME
TELEPHONE NO.
ITEM DISCUSSED/o\CTION REQUIRED BILL Slim 7NAr WHIl6 fl6 '/)lJ65 It1(fr
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DISTRIBUTION:
CONTINUED:
eYES
rp NO
MEMORANDUM
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CITY OF CAMPBELL
From:
Don Wimberly, Joan Bollier,
Michelle Quinney, Gary Kruger
Mike Fuller /Pla/1;'
Assistant Engineer
184 Veitenhiemer Lane
Date:
September 21, 1992
To:
Subject:
----------------------------------------------------------
The planning department has received an application for a light
industrial building on 184 veitenhiemer Lane. veitenhiemer is
currently a private street which is part of 864 South McGlincey
(see attached map). An issue that arose from this application
is the future disposition of this private street. The
Redevelopment Agency has considered making it a public street as
part of their McGlincey Lane area work. However, there is no
design and no schedule for this work.
If we ever want to convert veitenhiemer to a public street, we
should commit this applicant to dedication and improvements now.
The right-of-way is very narrow, however, and a standard cul-de-
sac does not appear to be readily possible.
My questions are these:
1) Does Public Works look favorably on converting this to a
public street? If so, what are our options considering the
physical constraints?
2) Could we let this property develop on a private street? What
sort of dedication/improvements will we require?
If you need any additional information, please let me know.
I have asked for a grading and drainage plan so that the
drainage issue can be addressed. There is no storm drain in
McGlincey Lane at veitenhiemer.
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