535 Westchester Dr. (71-6)
l?H-65
INTER- DEP~.RTMENTAL Mfu'\10RANDUM
TO: Building Department
E'~OM: Public Works Department
Th.e requirements of the Public ~vorJ<.s Department
have been satisfied for the following development:
APPLICANT
:< -y u~'1
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~1EL' (f'f \ ~o;,S
BUILDING ADDRESS
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COUN~l ASSESSOR'S
PARCEL NUMBER
41 'S - q-t'l - t ~
"s" APPROVAL
NUMBER
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PUBLIC vJORKS
FILE NUMBER
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lOG;
vlILLIAM G. 'trJREN,
DIRECTOR OF PUBLIC WORKS
By ~/A-1.1~
r .
Date ~-11-7/
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~ILlly 2, 1971
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Hr. .Jack Haigh
c/o Hinchester Drive-In Theaters. loco
288 Turk Street
San Francisco. California 94102
De.) r Jack:
This letter is in regard to your request for information conc,,,rning
the status of a $35.000 Fuithfu1 Performance Bond posted by Syufy
Enterprises in accord~nce with an agreement entered into by Syufy
Enterprises and the City of Campbell on June 26, 19670
paragroph (18) of Exhibit IWI of th3 above-mentioned agreement rColds
as follows: Applicant shall post a Faithful Performance Bond of
$35.000 to assure the performance of conditions numbered:
1. L<1ndscap i rig
5. Cristich Lalle Irnpro'lefl1ents
6. Extension of Sanitary Sewer
7. Westchester access improvements or alternate route
12. H~tcr line and hydrant
Please be advised that the bond is no longer required for items No. I.
No.5. No.7. and No. 12. It is also my understanding, based on a
telephone conversation with Santa Clara County Sanitation District No.4.
that item No.6 is no longer necessary. and that they will be sending
you notification of that fact.
,.
Very truly yours.
Arthur A. Kee
Planning Director
AAK/ db
LAW OFFICES
OF
MICHAEL 01 LEONARDO
ROBERT L. BLAKE
.JAMES T. KELLY,.JR.
JESS JOSEPH AGUILAR
STANLEY r. LEAL
DENNIS M, BOURQUIN
THEODORE ..J. BIAGINI
GARY L.OLIMPIA
r/i;l~ 8/q)er?/, Kel1ty, {I~ r: led
P. O. BOX 120S
.400 SUNNYVALE OFFICE CENTER
CIVIC CENTER
SUNNYVALE, CALIFORNIA 94086
736-3.74
June 21, 1971
Mr. William G. Filice
Attorney at Law
999 W. Taylor St " #B
San Jose, Co lifornia
Re: Easement of Winchester Drive-In Theaters, Inc,
Dear Bill:
On t-IK:Jy 19,1971, I sent to your clients, Peterson Brothers, photocopy of duly
executed, acknowledged and recorded Easement Deed from Santa Clara County-
Flood Control and Water District to Winchester Drive-In Theaters, Inc "
together with attached map which was a Iso recorded,
There has subsequently been numerous items of correspondence and numerous
telephone conferences with yourself concerning this matter,
In that prior correspondence and in the prior telephone conferences, I have
continuously advised both your clients and yourself that the delays caused by
their obstruction of our utilization of our legally acquired rights of way have
occasioned us substantia I losses,
My understanding is and has been that you were going to obtain deeds, maps, etc "
and analyze the respective rights and obligations of your clients vis-a-vis mine
with regard to easements which mayor may not be common to all.
I did not respond to a letter dated t-IK:Jy 29, 1971, received from representatives
. of the Church of God because at that time I had been advised by you that you also
represented the Church of God. .
This is to advise you that underall of the circumstances, in order to mitigate our
damages, my client is going to fXlve the 25-foot portion of their 45-foot easement
which they received from.the Santa Clara County flood Control and Water District.
Prior to proceedin with an im rovements on the remaining 20-foot ortion 0 r
w IC your c lents may ave an easement, lam awaitmg urt er wor from you. I
had assumed from prior conferences that we long since would have sat down to discuss
~ ~e k.C~-Ur~~~' /# J::;:J'
\:'
@ 1~ 8fak~ Ke/Llf. flC}Uiia;v r:.led
Mr. William G. Filice
JunE' 21, 1971
Page Two
"
the matter and that you wou Id have long since made up your mind concerning the
nature and ~xtent of the respective rights and obligations of the parties.
I still await word from you.
Very truly yours,
Michael di Leonardo
MdiL/js
"
.,..~ .-,.~"
A/Ill l\
(t (G-l flC) b- '\ -}
fiLE V
r>~ .-;,.,... ~"tJ~-
Mr. Michael di Leonardo
law Offices of di Leonardo, Blake, Kelly,
Agui lar & Lea I
P. O. Box 1205
-400 Sunnyvale Office Center
Sunnyvale, California 94086
Re: Easement of Winchester Drive-In Theaters, Inc.
Dear Mt. di Leonardo:
We appreciate being alerted to the problems you are currently meeting
-----i-n..-con-s truet ifl9 the --t>-r-i--va-te--drivev-:ay-f-rom-McG-Hncey-tane-to-the-ba lance
of the theater property.
The Campbell Municipal Code does provide for action by the City on
the parking of vehicles on a public right-of-way under what we would
define as "abandoned vehicles". I am quite sure that this section of
the Code does not apply in the case of the heavy equipment which is
parked on private property. I have also discussed your problem with
Mr. Kee, and in his Judgment, the parking of the heavy equipment does
not violate any of the zoning sections of the Campbell Municip~l Code.
It woul.d appear that the problem you are having with Mr. Petersen will
--'have to be resolved bet~"'een your ci ients, Sarna Clara County Flood Controi
and Water District, and Mr. Petersen.
Very truly yours,
./ \
G/ - / :'~'_// '. --' ,'1 -~---:- i
.- .f' / / .' \ "l', . , I .' I .~ .
, . '.' -...:.... ... ~ # ...... .-
Robert C. Stephens
City Manager
RCS:db
cc: J. Robert De~pster, City Attorney
Arthur A. Kee, Planning Director
~lliam Go Wren, Public Works Director
Santa Clara Cou~ty Flood Control & Water District
Albert T. Henley
Donald K. Currlin
Ronald R. Esau
fll-~ J \ ~--..l '1-71
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Ma, 22, 1911
Michael 4e Leonardo
P.O. Box 1205
Sunnyvale, California 94086
Re. Peter.en Bro.. Equip.ent
Dear Slr.
tou lnYl teel other que. 0
be.n u.ins portion. 0
.ent to and fro. .,
responaible tor aD7 da
way.
Aa I &Ill open to disou.ion on the.e -84- -other attera conoerning
1Q ..ft~l"r teel tree to Gall tor an .p,oln_ftt.
'~(j,/:/ Go:) /7/-(.
PLANNING DEPARTMENT
CITY OF CAMPBELL
7S NORTH CENTRAL AVElIUE
CMIPBELL, CALIFORNIA
-.:
DATE:
CONDITIONS ATTACHED TO "s" APPROVAL OF PLANS OF
't;.:,;. .'
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,I nc .
FOR CONSTRUCTION OF
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;c (l~;Ti::~.' ]~ ~:~;. TO BE LOCATLD AT
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CONDITIONS:
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21 r> r';' r (1 ~-' ~-: I
'1rtic1che~1
Section 9316.1 of the Campbell Municipal Code reads as follows:
Any approval graIlted under this section shall expire one year after
the date upon ,.;hich such apPl'oval Has granted, unless an extensior:
for s u c hap pro val i sob t a i II cd by m a kin g ,.; r i t ten a p pI i cat i 0 Il for s 2.1:1 e
to the Planrling Commission at least fifteen (15) days prior to the
expiration date of such approval.
No building permit shall be issued after the expiration date of any
approval until a new approval has been obtained in the manner provided
for in this Chapter.
GRANTED BY TH:L CITY Or; ,..\ANPBELL PLANNIN<;? .,~,9.~r,/HSSION AT A REGU~4R
HEETING HELD ON THE ! .... __ day of ___~_____ · 19 -
C I T Y 0 F C A /.: P BEL L P LAN N I N G C 0 r-l1-l I S S I 0 Ii
BY:
----7;:R TfTUR--Kf~ E , -5- E: C R E~'T II R-y-----.
CC" Ln,l-!neet"l{j":} It~"l"t:. v~/~_~---~:t. --"..,
rir~ ~ert. wiatt.
CONDI,.:.ONS OF APPRO'VAL - "S" 71-l
1. Property to be fen~ed and landscaped as indicated and as
added in "red" on' plans.
.
~
2. Landscape plan indicating type of plant material, location of
hose bibs or sprinkler sy~tem and type ~f fencing to be sub-
mitted for approval of the'Planning Director at time of appli-
cation for building permit.
3. Faithful performance bond in the amount of $10,000.00 to be
posted to insure landscaping, fencing and striping of parking
area within three (3) months of completion of construction~
~. Landscaping shall be maintained in accordance with the approved
landsca.pe plan.
5: Construction of additional access roadway to McGlincey Avenue
to be subject to approval of the City Engineer.
The applicant is notified as part of this application that he is
required to meet the following conditions in accordance with
Ordinances of the City of Campbell.
A. All parking and driveway areas to be deyeloped in compliance
yith Section 9319 of the Campbell Municipal Code.
B. Underground utilities to be provided as required by Sec~ion
9110.6 of the Cam~bell Municipal Code.
c. Plan~ submitted to the building department for plan check
shall indicate clearly the location of all connections for
underground utilities including water, sewer, electric,
telephone and television cables, etc.
D. Sign application to be submitted in accordance with provisions
of the sign ordinance for all signs. No sign to be installed
until application is approved and permit issued by the building
department.
The applicant is notified that he shall comply ~th all a~plicable
Codes or Ordinances of the City of Campbell which pertain to this
development and are not herein specified.