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535 Westchester Dr. (96-02) ~ ... o~ . C"Il1/-> _l..:" O>.J'. !::: 'r:- U r- ... S35W~"';,f-dJ.Tf'::' -lev-- e d. j/'o-cl, , n..s ) CAMPBELL .-\ >. 1- _. "" (' ,-' ORCHAI'-O' c- "- '. Public Works Department u CITY OF CAMPBELL !llJl Till (JJlhdld( It) 200:! TRANSMITT AL March 10, 2003 From The Desk Of: Marlene Pomeroy Executive Assistant To: Ken Neumeister Huettig & Schromm, Inc. 900 Welch Road, Suite 10 Palo Alto, CA 94303-0854 (408) 866-2776 e-mail: marlenep@ci.campbell.ca.us Re: Campbell Technology Parkway Enclosed for your records is a copy of the recorded Certificate of Correction for the above-subject property. /d 1 (L/~) 1/ j1il/t/-?I'4.. V~U;~d!-JI- Marlene Pomeroy (/ Executive Assistant 70 North First Street . Campbell, California 95008-1436 . TEL 408.866.2150 . FAX 408.376.0958 . TDD 408.866.2790 TO :::i:i{j.."(;OItOtEO WTfMOtn' Fe: ... -', ^" r:-'" .~,., ,..,;: 'j~r,E )E;:; 10.." '..)', 1..',.~- ...;;,~, '''~.'''' -~ .. RltCoMJMe1REQUESTE1 B~: HMH, InC. 1570 Oakland Road, Suite 200 San Jose, CA 95131 f J DOCUMENT: 16637071 Titles: 1 / Pages: 2 1111111111 U I II _0016637071_ Fees. * No Fees Taxes. Cop i es. . AMT PAID WHEN RECORDED, MAIL TO: City of Campbell City Clerk's Office 70 North First Street Campbell, CA 95008 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Ci ty RDE ~ eea 11/22/21302 4:313 PM (For Recorder's Use Only) CERTIFICATION OF CORRECTION The subdivision known as PARCEL MAP, filed for record June 2. 1999 in the Office of the Santa Clara County Recorder in Book 716 of Maps, pages 25 through 27, is hereby corrected in accordance with Chapter 3, Article 7, Sections 66469 through 66472.1 ofthe Subdivision Map Act as follows: 1) The offset dimensions of the 60 foot wide non-structural easement from the line between Lot 1 and Lot 2 is corrected as shown on sheet 2. 2) All the monuments set per this Parcel Map are marked "LS51 06" not "LS4444" and the character of each is as shown on sheet 2. 3) The easterly common comer to Lots 3 and 4 is not monumented as shown on said Parcel Map; instead a point on line 2.50 feet from the comer is monumented as shown on sheet 2. On the date ofthe filing ofthe said map, the names ofthe fee owners of real property affected by such corrections was/were as follows: Assessor's Parcel No. Owner Address 412-2-010-013 : WTA Campbell Technology Park LLC : 900 Welch Road, Ste. 10, Palo Alto, CA 94304 SURVEYOR'S STATEMENT This Certificate of Correction was prepared by or under the direction and control of ~e. un$Iersigned Registered Land Surveyor. ~~Jur:J~ Steve W. Danner, L.S. 106 ~ Reg. Expires: 6/30/2003 CERTIFICATE OF CITY ENGINEER Thi~~oc7e~t is t~c~aljPorrect. ( n/~& ~ ~~~4/ Irvin Harold Housley, P .E., Larid Development Engineer t',. RCE 16807, Expiration Date: 6/30/2005 ;. "'~.i'. / l{f/ : Date: Y''r;J-;:J.b . This document has been approved by the City of Campbell. '),Aj....t,,-/ MIchelle Quinney, P.E., City E 'neer RCE 44144, Expiration Date: 6 30/2005 Date: /(1-22 -02-- Sheet 1 of 2 /\ ~\ ~<v '-. c)'-" ~ ~~/ ~~Y- j LOT 3 LEGEND @ SET STANDARD CITY MONU~ENT. STAMPED "LS 5106" o SET 3/4" IRON PIPE. TAGGED "LS 5106" ~ SET LEAD & TACK IN CONCRETE. TAGGED "LS 5106" x SET NAIL IN ASPHALT. TAGGED "LS 5106" o 100 200 ~l GRAPHIC SCALE 1 INCH = 200 FT. N83.39' 4O.W 2.50' LOT 4 CITY PARK HMH. Incorporated CiviL Engineers . Planners · Suroeyors 1570 OAKLAND ROAD. SUITE 200 P.O. BOX 611510 SAN JOSE. CALIFORNIA 95161-1510 (408) 487-2200 FAX (408) 487-2222 Certificate of Correction PARCEL MAP BK 716 OF MAPS. PG 25 CAMPBELL CALIFORNIA en ...., \D <Xi o ,.... o N o o / ~ SHEET 2 OF 2 ~ IX) ii5 o .0 ...., If) oc o u 1 f- a:: w o~ . CAIl1 . ~O> 2: ' (" .... l"" U r- CAMPBELL -' 1- "- <" ,-' ORCHi\RO Public Works Department c-: o CITY OF CAMPBELL IO~2 Thl (hdJdld ( II) ]()()2 Date: October 7, 2002 TRANSMITTAL FROM THE PUBLIC WORKS DEPARTMENT TO: Ken Neumeister Huettig & Schromm, Inc. 900 Welch Road, Suite 10 Palo Alto, CA 94303-0854 FROM: Marlene Pomeroy, Executive Assistant SUBJECT: 655 Campbell Technology Parkway We are forwarding the following: Copy of recorded Quitclaim Deed and Grant of Easement for Public Storm Drain Purposes. Marlene Pomeroy Department Secretary 70 North First Street, Campbell, California 95008-1436 ' TEL 408.866.2150 ' FAX 408.376.0958 . T)))) 408.866.:2790 ORDRR NO. 206550-006 KAY ACCOM. Recording Requested by ) ) ) ) ) ) ) ) ) DOCUMENT: 297430 Titles: 1 / Pages: 3 CITY OF CAMPBELL 1111111111111111111 -0016297430- Fees. . . ' Taxes, , . Cop i es. . AMT PAID 13.130 13.130 When Recorded Mail To: City Clerk City of Campbell 70 North First Street Campbell, CA 95008 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of AI I iance Title Company RDE ** 1304 6/05/2002 8:00 AM ) APN: 412-29-012 ADDRESS: 655 Campbell Technology Parkway )v'4 C cJ ,,~; p t /'".....,... ) vV') QUITCLAIM DEED (Above This Line For Recorder's Use) "RelvOf./1 nc.- el"'!5'l1?~~r- ro tn;Arc k /JeW ~lVe, FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California does hereby REMISE, RELEASE AND FOREVER QUITCLAIM TO WTA CAMPBELL TECHNOLOGY PARK LLC, a California Limited Liability Company the real property in the City of Campbell, County of Santa Clara, State of California, described as: See Exhibit A attached hereto and made a part hereof by reference. Said property contains 7,184 square feet, more or less, and is generally shown on the attached Plat Map. STATE OF CALIFORNIA COUNTY OF~ttU- ~.Ju0 On ~ Ii ~Co.;{ before me, the under~ned, a Notary Pul)ijc in and for said State, personally appeared Ml3ar ~/l55 personalIy known to me (or proved to rn~ on the basis of satisfactory evidence) to be the person(~ whose name(~ is/ttF@- subscribed to the within instrument and acknowledged to me that he/sfletthey executed the same in hisfhcrt ~authorized capacity(1est, and that by his/heTt- their signature~ on the instrument the person(l), or the entity upon behalf of which the person(\) acted, executed the instrument, I~ ~2- ROBERT KASS PUBLIC WORKS DIRECTOR r Name/JJA,eL6Je ~. I I/ilt/(Otf (typed or printed) .../ r;;;" . ."",~~'"" ,"" """ -. .",~ .......[1 . .. - .........~"'" ..... :l?',.,.~~;r..t:f:;t~."'rT, ~''''~:;'.:''~''7"'ll"'.....;, ,," , . ';ci:~" tA^J:LENE K.. POV..t::ROY ~ "t' J-,..i;;.~ CommIssIon it 1218428 <.: ;:~':""'p~;.-~:"":^~'~' Z ~ tt:cO: ..;~,'~;~, Notary Pubiic - CaEfomia ~ 1. ~.';:.~.;~~1~>.. So.nta Clar.c C.O'J. n~ f . ..c"'w t,1y~..omm,~Moy6..200.3 ~~~'''V~;''''7'~. ~ ~~'iI;;:;; __ . This area for official notarial seal. Page 1 of 3 IMI"'" "",.i",.,.,:,;:, ""'?"""'" >_."""",.".,.:,. ,.,..",..,..,.,..'" ",' " -,;. '" .,',,; :,:' ::~ -.,,00 '''', . ','---' --, ,. HMH, Incorporated Civil Engineers . Planners . Surveyors James 1. Harper William J. Wagner, R.C,E, April 19, 2002 HMH 2332-02-60 Page 1 of 1 page EXHIBIT "A" Public Storm Drainage Easement Vacation Real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: A portion of the 15 foot Public Storm Drainage Easement as shown on the Parcel Map filed for record June 2,1999 in Book 716 of Maps at page 25 through 27, Santa Clara County Records; Beginning at the northeasterly corner of Lot 3 of said Parcel Map; Thence along the easterly line of said Lot 3, South 07021' 02" West, 11,75 feet to the southerly line of said Easement; Thence along the southerly and southeasterly line of said Easement the following two courses: 1. South 81058' 09" West, 206.78 feet; 2, South 460 20' 20" West, 268.73 feet; Thence North 420 33' 01" West, 15.00 feet to the northwesterly line of said Easement; Thence along the northwesterly and northerly line of said Easement the following two courses: 1. North 460 20' 20" East, 273.26 feet; 2, Thence North 810 58' 09" East, 189,25 feet to the northerly line of said Lot 3; Thence along said northerly line, South 89050' 16" East, 25,73 feet to the Point of Beginning, Containing 7184 square feet, more or less, 2332LDTG,021 Page 2 Of 3 1570 Oakland Road, Suite 200. P,Q. Box 611510. San Jose, CA 95161-1510. Tel: (408) 487-2200. Fax: (408) 487-2222 ,'" ~ ~ \\J~ ~ PARCEL A 315 P.M, 33 lOT 5 OF THE WillETT PARTITION LANDS OF STANFORD APN 412-16-3 S890S0'16"E 2S.73' P.O.B. 1S' PUBLI C STORM DRAINAGE EASEMENT TO BE VACATED 7184 SO.FT. 206.78' )- SOr2i '02"W 11.7S' EX. S RM SEWER E SEMENT DOC.#14 40764 .,~ . rv\) orv\) tx'O '? LOT 3 PARCEL MAP 716 MAPS 25-27 z 0> 0 N ~~ 1-1- vi I.J..~ d 00. e::: IO~ to b~ .- ...J...J N ~ <.5 z LANDS OF WTA CAMPBELL TECHNOLOGY PARK APN 412-29-009 en <( lL.~- 00':' en..J":' O<(~ c..'" Z z <(w~ ..Jo o w en <( c.. EX. STORM SEWER EASEMENT 716-M-25 o 30 60 ~I Page 3 of 3 SHEET 1 OF 1 EXHI BI T PLAT TO ACCOMPANY DESCRIPTION PUBLIC STORM DRAINAGE EASEMENT VACATION Campbell California GRAPHIC SCALE 1 INCH = 60 FT. HMH. Incorporated Civil Engineers . Planners. SUnJeyOTS 1570 OAKLAND ROAD. SUITE 200 P.O. BOX 611510 SAN JOSE. CAUF'ORNIA 95161-1510 (408) 487-2200 FAX: (408) 487-2222 Submitted b . ~LLL\)1CE TITLE COMPANY oKDER N3. 2Q6550-006 KAY ACCF- Recording Requested by ) ) ) ) ) ) ) ) ) DOCUMENT: 16297431 Tit I es : 1 1 Pages: 4 CITY OF CAMPBELL II ~IIIIIIIIIIIIII -0016297431- Fees.. No Fees Taxes. Cop i es. . AMT PAID When Recorded Mail To City Clerk City of Campbell 70 North First Street Campbell, CA 95008 ) BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of AI I lance Title Company RDE ** 0134 6/135/20132 8:1313 AM APN: ADDRESS: 412-29-012 655 Campbell Technology Parkway (Space Above This Line For Recorder's Use) GRANT OF EASEMENT FOR PUBLIC STORM DRAINAGE PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WTA CAMPBELL TECHNOLOGY PARK LLC, a California Limited Liability Company hereby GRANT(s) to the City of Campbell, a municipal corporation, of the County of Santa Clara, State of California, an easement to build and maintain an underground pipeline, and necessary devices and appurtenances, over, under, along and across, all of that certain real property within said City and more particularly described as follows: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE, Said property contains 7,687 square feet, more or less, and is generally shown on the attached Plat Map. The Grant of Easement herein contained related to drainage shall include the right to enter said premises, to survey, construct, reconstruct, lay, relay, maintain, operate, control, use and remove said pipeline, its fixtures, appurtenances, and to remove objects interfering with the construction, operation and maintenance thereof. The Grantor reserves the right to occupy and use said premises for any purpose not inconsistent with the rights and privileges above granted and which will not interfere with or endanger said pipeline, its fixtures and appurtenances or the use thereof. The City shall use due care in the construction, operation and maintenance of said pipeline, its fixtures and appurtenances, The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representativl~s of the respective parties hereto, STATE OF CALIFORNIA COUNTY OF 6o.~C llll...(' 0.. DATED 4-\ ~ '"2. \ ("'")~ - " On ttp<; \ :la.,:lOD~ before me, the undersigned, a Notary Public in and f State, personally appeared ~u.n....( tl. , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person~whose name~is/!tI'& subscribed to the within instrument and acknowledged to me that he/sRil/tRilj6oCxecuted the same in his/fler/ their authorized capacity ~, and that by his/~/ .t.W:.iJ; signature~ on the instrument the person~, or the entity upon behalf of which the person~ acted, executed the instrument. WITNESS my hand and official seal. A CAMPBELL TECHNOLOGY PARK . 0 ia Limited Liability Company ,LLC SIGNATURE Signature JA.\ r-u~.1 I. -,._.c..Io..... _ J___~~:~~t " This area for official notarial seal. Page 1 of 3 - HMH, Incorporated Civil Engineers . Planners . Surveyors James T, Harper William J. Wagner, R.C,E. April 19, 2002 HMH 2332-02-60 Page 1 of 1 page EXHIBIT "A" Public Storm Drainage Easement Real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: A portion of Lot 3 as shown on the Parcel Map filed for record June 2, 1999 in Book 716 of Maps at page 25 through 27, Santa Clara County Records; Beginning at the northeasterly corner of said Lot 3; Thence along the easterly line of said Lot 3, South 070 21' 02" West, 11.75 feet; Thence South 810 58' 09" West, 137.98 feet; Thence South 690 19' 43" West, 77.45 feet; Thence South 480 33' 38" West, 253.54 feet to a point in the southeasterly line of a 15 foot wide Storm Drainage Easement as shown on said Parcel Map; Thence North 420 33' 01" West, 15.00 feet to a point in the northwesterly line of said Storm Drainage Easement; Thence North 480 33' 38" East, 256.58 feet; Thence North 690 19' 43" East, 128.86 feet to the northerly line of said Lot 3; Thence along said northerly line, South 890 50' 16" East, 97.90 feet to the Point of Beginning, Containing 7687 square feet, more or less. 2332LDTG.022 Page of :2 of 3 1570 Oakland Road, Suite 200. P,Q. Box 611510. San Jose, CA 95161-1510. Tel: (408) 487-2200. Fax: (408) 487-2222 {\ ~ ~ \(j~ ~ PARCEL A 315 P.M. 33 LOT 5 OF THE WILLETT PARTITION LANDS OF STANFORD APN 412-16-3 P.O.B. . ~~'-.N 0,\9 . S'09 11 .br~ )- PUBLI C STORM DRAINAGE EASEMENT 7687 SQ.FT. .,~ .~<o o~~ 1>.<0 C? LOT 3 PARCEL MAP 716 MAPS 25-27 z C'> 0 N ~e: t-t- vi lJ..~ d 00.. a::: co:: 10 b~ ~ ...J...J N i LANDS OF WTA CAMPBELL TECHNOLOGY PARK APN 412-29-009 u z vi <( LL~- 00':' (f)....J~ o<(~ ZOo. <(w~ ....Jo< o W (f) <( a. EX. STORM SEWER EASEMENT 716-M-25 o 30 60 ~I Page 3 of 3 SHEET 1 OF 1 EXHI BI T PLAT TO ACCOMPANY DESCRIPTION PUBLI C STORM ORAl NAGE EASEMENT GRAPHIC SCALE 1 INCH = 60 FT. HMH. Incorporated Civil Engineers . Planners. SUnJeyors 1570 OAKLANO ROAD. SUITE 200 P.O. BOX 611510 SAN JOSE. CALIFORNIA 95161-1510 (408) 487-2200 FAX: (408) 487-2222 C"......_:+._.... ...... r:nmnh.11 r:nlif",,.,..in ACCEPTED~Yr nns 17*?J _day af ih~~~o::<.. for ':lr1'\'" I, ''''>, "f, thrl f"ih (If :"';<,'''1'\l'lh~!l, . tL;.< -:,_',y ,J~'J \"d J'},~H~h",:"fJ,; a Mnnid. ' r of the ,3~a1e of Cal:romia, r ';':~";-n No, 749, ~:~o:~e~~~or~~~k 4509 22~ ~ Anne Bybee, City Clerk City of CampbeH~ Ca1'1.f~ Of' c'''1It t-~j ~~~ ~ ,,' ''l~CH'~O /1"'- May 25, 1999 CITY OF CAMPBELL Public Works Department Wayne Miyahara Alliance Title Company 1732 North First Street, Suite 420 San Jose, CA 95112 Re: Campbell Technology Park - 535 Westchester Drive Recordation of Parcel Map and Related Items GP 96-02, PD 96-06, TS 97-01, and S 97-05 Dear Mr. Miyahara: The following documents (1 through 10) are being forwarded to Alliance Title Company for your review. It is understood that Dave Tully of HMH, Inc, will participate in the process. If everything is in order, the documents should be recorded in the sequence listed below: 1, Quitclaim Deed from the Santa Clara Valley Water District to the City of Campbell for public street purposes, 2. Grant Deed for Public Street Purposes from Ida R. Peterson, et al. to the City of Campbell, 3, Grant Deed for Public Street Purposes from James L. Zanardi, et al. to the City of Campbell. 4, Grant Deed for Public Street Purposes from WTA Campbell Technology Park LLC to the City of Campbell. 5, Grant of Easement for Drainage Purposes and Access for Emergency Vehicles Only from Paseo De Palomas, Inc., to the City of Campbell. 6, Easement Deed from WTA Campbell Technology Park to the Santa Clara Valley Water District for ingress and egress, Note: Upon recordation of documents 1,2, 3, 4, 5 and 6, please the document number and date recorded in the Easement Table on page 2 of 3 of the original Parcel Map mylars, Also please send a conformed copy to the Grantor. 7, Parcel Map consisting of three original mylar sheets. Note: Please provide the City of Campbell with full size 24" X 36" conformed mylar copies and six (6) recorded blueprint sets. 8, Street Improvement Agreement. 9, Declaration of Covenants, Conditions and Restrictions of the Campbell Technology Park. 10. Agreement between the Santa Clara County Water District and the City of Campbell regarding land use. 70 North First Street. Campbell, California 95008,1423 ' TEL 408,866.2150 ' FAX 408.376,0958 . TOO 408,866.2790 Wayne Miyahara Campbell Technology Park - 535 Westchester Drive May 25, 1999 Page 2 In addition, please record the following documents (11 - 16) prior to acceptance of the street improvements by the City as appropriate for the construction of Campbell Technology Park as noted below: 11. QUitclaim Deed of Roadway Easement from City of Campbell Redevelopment Agency to the Santa Clara Valley Water District, et al. 12. Quitclaim Deed for Roadway Easement from Ida R. Petersen, et al. to James L. Zanardi, et al. executed by John W, Petersen, Successor Trustee. 13, Quitclaim Deed for Roadway Easement from Ida R. Petersen, et al. to James L. Zanardi, et al. executed by Henry T, Petersen, Successor Trustee. 14, Quitclaim Deed for Roadway Easement from James L. Zanardi, et al. to Marrone Properties, 15, Quitclaim Deed for Roadway Easement from WT A Campbell Technology Park LLC to Santa Clara V alley Water Conservation District, et al. Please correct the spelling of grantee from Santa Clara Valley Water Conversation District to Santa Clara Valley Water Conservation District. 16. Easement for Driveway Purposes and Maintenance Agreement between WTA Campbell Technology Park LLC and Marrone Properties, Also, the original Subdivision Tax Bond No, U2468120 for WTA Campbell Technology Park LLC is enclosed for your use, Please provide the City of Campbell with conformed copies of the recorded documents. I understand that Dave Tully of HMH Inc, will assist you in review of these documents prior to recordation, Thank you very much for your assistance and, of course, please gibe me a call if I can be of any help, ley, p, opment Engineer cc: Robert Kass, Public Works Director Bill Helms, Land Development Manager David E. Thompson, Acting City Engineer Frank Mills, Acting Building Official Tim Haley, Associate Planner Kirk Heinrichs, Redevelopment Manager Anne Bybee, City Clerk WT A Technology Park h: \Ianddev\ windrin\all iance(mp) ,- , j CONFORMED C _PV RECORD WITHOUT FEE UNDER SECTION 6103 GOVERNMENT CODE OF THE STATE OF CALIFORNIA AFTER RECORDING RETURN TO: CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 Docl=l: 14840760 6/82/1999 3: 36 PM APN: 412-30-044, 412-29-004 and 412-31-001 SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED DOCUMENT NO.: 9257-2.01, 15.02 The SANTA CLARA VALLEY WATER DISTRICT, a public corporation ("District"), does hereby release and quitclaim to the CITY OF CAMPBELL, a municipal corporation, all that real property iIi, the City of Campbell, County of Santa Clara, State of California, described as: Being a part of the South 1/2 of Section 35, Township 1 South, Range 1 West, M.D.M., described as follows: COMMENCING at the most westerly corner of that parcel of land described in the Deed from Winchester Drive-In Theatre, Inc. to Santa Clara County Flood Control and Water District recorded April 10, 1970 in Book 8885 of Official Records at page 541, Santa Clara County Records; Thence from said POINT OF COMMENCEMENT, along the northwesterly and northeasterly lines of said parcel of land described in said Deed from Winchester Drive-In Theatre, Inc., the following three courses: 1. North 61056'09" East, 92.71 feet; 2. From a tangent bearing of South 82035'04" East, along a curve to the right having a radius of 45.00 feet through a central angle of 28030'57", for an arc length of 22.40 feet to the TRUE POINT OF BEGINNING; 3. Thence from said TRUE POINT OF BEGINNING, continuing along said curve having a radius of 45.00 feet, through a central angle of 53014'03", for an arc length of 41.81 feet to the south line of the North 10 acres of said Section 35; Thence along said south line, South 89050'00" East, 20.00 feet to the east line of said 10 acres; thence along said east line, North 00023'14" West, 74.57 feet; thence leaving said east line, South 11024'59" East, 39.22 feet; thence along a tangent curve to the left having a radius of 455.00 feet, through a central angle of 05039'42", for an arc length of 44.96 feet; thence along a reverse curve to the right having a radius of 160.00 feet, through a central angle of 16040'45", for an arc length of 46.58 feet; thence South 00023'56" East, 103.27 feet; 1809deed 1 r'~"n'~ 7 . t .. ~ ~ .. J "...; I' r ~ J,ff,..~~...,' <.,.l ~ ~, ~1 ~ .t -.: r\ I... Document No. 9257-2.01, 15.02 thence along a tangent curve to the left, having a radius of 160.00 feet, through a central angle of 11037'32", for an arc length of 32.46 feet to the southerly line of lands described in the deed to Santa Clara County Flood Control and Water District recorded in Book 4120 of Official Records at page 683, Santa Clara County Records; thence along said southerly line, South 56055'00" West, 33.65 feet to the most southerly corner thereof; thence along the westerly line thereof, North 00023'14" West, 95.90 feet to a southeasterly comer of lands conveyed by H.T. Petersen, et ux, to Santa Clara Valley Water Conservation District by deed recorded July 22, 1958 in Book 4128 of Official Records at page 429, Santa Clara County Records; thence along the southerly line of said lands, South 88028'00" West, 19.98 feet; thence leaving said line, North 00023'56" West, 58.17 feet; thence along a tangent curve to the left, having a radius of 115.00 feet, through a central angle of 16040'45", for an arc length of 33.48 feet; thence along a reverse curve to the right, having a radius of 500.00 feet, through a central angle of 05039'42", for an arc length of 49.41 feet; thence North 11024'59" West, 8.80 feet to the TRUE POINT OF BEGINNING. Containing an area of 0.1880 acres, more or less; and generally shown upon Exhibit A attached hereto and made a part hereof. - Excepting therefrom an easement for ingress and egress between Ponds 5 and 6 described as follows and identified on Exhibit B attached hereto and made a part hereof: All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, being part of the South 1h of Section 35, Township 1 South, Range 1 West, M.D.M., described as follows: PARCEL A COMMENCING at the most westerly corner of that parcel of land described in the Deed from Winchester Drive-In Theatre, Inc. to Santa Clara County Flood Control and Water District recorded April 10, 1970 in Book 8885 of Official Records at page 541, Santa Clara County Records; Thence from said POINT OF COMMENCEMENT, along the northwesterly and northeasterly lines of said parcel of land described in said Deed from Winchester Drive-In Theatre, Inc., the following two courses: 1. North 61056'09" East, 92.71 feet; 2. From a tangent bearing of South 82035'04" East, along a curve to the right having a radius of 45.00 feet through a central angle of 28030'57", for an arc length of 22.40 feet; Thence South 11024'59" East, 1.32 feet to the TRUE POINT OF BEGINNING; thence South 11024'59" East, 7.47 feet to the beginning of a curve to the left, from which the center bears North 78035'01" East, 500.00 feet; thence Southeasterly, along said curve, having a radius of 500.00 feet, through a central angle of 00051 '44", for an arc length of 7.52 feet; thence North 78035'01" East, 9.56 feet to the beginning of a non-tangent curve to the left, from which the center bears South 60014'11" West, 45.00 feet; thence Northwesterly, along said curve, having a radius of 45.00 feet, through a central angle of 22003'07", for an arc length of 17.32 feet; thence South 78035'01" West 1.17 feet to the TRUE POINT OF BEGINNING. Containing 90 square feet or 0.002-acre of land, more or less. 1809deed 2 Document No. 9257-2.01, 15.02 PARCEL B COMMENCING at the most westerly corner of that parcel of land described in the Deed from Winchester Drive-In Theatre, Inc. to Santa Clara County Flood Control and Water District recorded April 10, 1970 in Book 8885 of Official Records at page 541, Santa Clara County Records; Thence from said POINT OF COMMENCEMENT, along the northwesterly and northeasterly lines of said parcel of land described in said Deed from Winchester Drive-In Theatre, Inc., the following two courses: 1. North 61056'09" East, 92.71 feet; 2. From a tangent bearing of South 82035'04" East, along a curve to the right having a radius of 45.00 feet through a central angle of 28030'57", for an arc length of 22.40 feet; Thence South 11024'59" East, 1.32 feet; thence North 78035'01" East, 38.81 feet to the TRUE POINT OF BEGINNING; thence North 78035'01 "'East, 6.19 feet; thence South 11 024'59" East, 7.47 feet to the beginning of a curve to the left, from which the center bears North 78035'01" East, 455.00 feet; thence Southeasterly along said curve, having a radius of 455.00 feet, through a central angle of 00056'52", for an arc length of 7.53 feet; thence South 78035'01" West, 9.18 feet; thence North 00023'14" West, 15.28 feet to the TRUE POINT OF BEGINNING. Containing 115 square feet or O.003-acre of land, more or less. Said easement shall include the right to construct, reconstruct, inspect, maintain, and repair a concrete vehicle pad and appurtenant structures, together with the right to trim or remove such trees or brush within the easement area as may constitute a hazard to persons or property or may interfere with the use of the said area for the purposes granted. It also shall include the right to enter upon said land with vehicles, tools, implements, and other materials, take therefrom and use, earth, rock, sand, and gravel for the construction, maintenance, and repair of said concrete vehicle pad and appurtenant structures by said District, its officers, agents, and employees and by persons under contract with it and their employees whenever and wherever necessary. Also excepting therefrom a water pipeline easement described as follows and identified on Exhibit C attached hereto and made a part hereof: All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, being part of the South 1/2 of Section 35, Township 1 South, Range 1 West, M.D.M., described as follows: COMMENCING at the most westerly comer of that parcel of land described in the Deed from Winchester Drive-In Theatre, Inc. to Santa Clara County Flood Control and Water District recorded April 10, 1970 in Book 8885 of Official Records at page 541, Santa Clara County Records; 1809deed 3 Document No. 9257-2.01, 15.02 Thence from said POINT OF COMMENCEMENT, along the northwesterly and northeasterly lines of said parcel of land described in said Deed from Winchester Drive-In Theatre, Inc., the following two courses: 1. North 61056'09" East, 92.71 feet; 2. Southeasterly from a tangent bearing of South 82035'04" East, along a curve to the right having a radius of 45.00 feet through a central angle of 28030'57", for an arc length of 22.40 feet; Thence South 11024'59" East, 8.80 feet; thence Southeasterly along a tangent curve to the left, having a radius of 500.00 feet, through a central angle of 05039'42", for an arc length of 49.41 feet; thence Southeasterly along a reverse curve, having a radius of 115.00 feet, through a central angle of 00057'04", for an arc length of 1.91 feet to the TRUE POINT OF BEGINNING; thence continuing along said curve, having a radius of 115.00 feet, through a central angle of 10002'02", for an arc length of 20.14 feet; thence North 84058'54" East, 45.01 feet; thence along a non-tangent. curve to the left, from which the center bears South 84012'33" West, having a radius of 160.00 feet, through a central ang~e of 07011' 15", for an.arc length of 20.07 feet; thence South 84058'54" West, 45.61 feet to the TRUE POINT OF BEGINNING. Containing an area of 905 square feet or 0.021-acre of land, more or less. Said water pipeline easement shall include the right to construct, reconstruct, inspect, maintain, and repair pipelines and appurtenant structures, together with the right to trim or remove such trees or brush within the easement areas as may constitute a hazard to persons or property or may interfere with the use of the said area for the purposes granted. It also shall include the right to enter upon said land with vehicles, tools, implements, and other materials, take therefrom and use, earth, rock, sand, and gravel for the purpose of excavating, widening, deepening, and otherwise rectifying the water pipeline and for the construction, maintenance, and repair of said water pipelines and appurtenant structures by said District, its officers, agents, and employees, and by persons under contract with it and their employees whenever and wherever necessary for water pipelines and appurtenant structures. District shall also have the right to mark the location of said described area by suitable markers, but said markers shall be placed in fences or other locations which will not interfere with any reasonable use City of Campbell shall make of said strip. See Resolution No. 99-26 attached hereto as Exhibit "n" 1809deed 4 / ~/ ':::~(~:~<IOC~ \'2/~~) ;ri '..:..: t.~IC .,"'\. 1- " "':""'-.. ,:,.;.--...,..c.. 2 ~ /1;"" .-. . ,,1":_...... .' -_: tS'l~/ '...., '~" f" L-" C"'~~(~ -:7F I C ~.--I .: ~ I C/.~ 1 ~O GO' - L~ ::\ = C . I / 'j - Lh =:'.8' ~:>.: ~--_.- :;./~ / ;.;..; 1)7' /:---;',. , / C'= / '/'~(~>/ / /' '< / /~/ \ r,_.,. i/ .-' "\ \ / lJi b28.:l051 ~ c;-"L'''')-'' .... , 'L'= ~..) I . L;") ~....... R=45.00 ;1=<=.1.5 00' ~ L=22.~40' \,...' ..;. 522'35'"- . C:..=41.cl r-- - -9...4 ~n. \ \ ,./ \ T.F~O.E. 3 N1)--'24'59"W =... /'" ' o:''t,/ 8,80 /CC;()~/ ^-O::;'3C'L?" ,.\'''J%\ ~...J - ,- ~C,.~'1..1 R=500,OO' ,/ ~ ,/' L=49.41' ./ \F.O.C. AG~l\lL Y ...,\ ....\ ":.bOS'39'L2" rr': --~ ";.-:,' -- 00' ~ -;-: ...."':=;= L::;::;, c :i/ '.l=,L~.96' C . ..... AREA Sc9'50'OO"~ 20.00' L=io'LO'LS" R= i i :,00' LA\DS OF S.C.V.\V.D. L=",", L.C' ....-. .- 3 r^ rr", L~ L"" - ~i -001 . I'" ,I _ <.C. :...1") " r<; . NC: c~ C z ..,... 7,590 S,F, +- c (--- ~r-JC , 'I I.... - . ...._ u....__ 20' R:Gi-: I CF' \V;.Y i-3E) ~ 1'\ '-:../ ~ is.SE' LANDS OF PPTERSEN LO I LANDS OF ZAN ARD I .' ~~, 'o~, .~'J c..: "\. ~..1 C-..) :C:-'''' ... \';, .. :..;'..; .......J.; \ . ~! \ : \ \ GRAPEIC SCALE 1 INCH = 40 FT. :e-::c:~e-:: Jc:C': L/ ,U/'::':: :..::"e:: 1 = L'j' HMH. Incorporated Civil EnainEeTs . P!.!!.nne-rs . SU-:-J€1JOTS 1::70 OAKLAND RO.D. S-:I;:: :CO v P,O, sex 511::10 :,....'j .c::::, Ol,;FC':;SIA 9:::51-1:::0 (ACe) .e7-22C': ,AX: (<ee) <S7-22:: j:"r"': :"e-:1.e-:::: ~:. r.:r; :-.: ~ EXHIBIT A 7.;~EA 'C c;;- I- e: .,.., c;;- --.....,; LO S~ E-- s;:- -..... +.....i1EA .3 +.A.i1EA L - .';.~::A 2 "-11=: rr ,- r-......__........ _I. AREA c~cc c;;- (.; Il...._ _, L)...\D S O.t-' S.C.V.\V".D. . " N p.FN ~12-30-0~4 _-:..:.;-::::::.~:,,~-=- ...~:~. ~_":'I\J~ S.l/:"".... j~~i~:~~:~~~\ / - -) -,-.-,'... .,,...,. /' { ~ ( .,~~:~:~:~~~ )}} - n.... "-'~",;J' - ~ l.,,;.. ~ ". - .:r ,.;:: ! c... -'/..... ...,~-~-:- ~"'" .f ~ '" ,-.,L ~Cr' ,.;'"' ~~..J~ c;.~_\\ -:r L= ~ i'2 7' 22" /;.~o=:::e-:., ;' /' I r;=~cyc,CC / ~/,~/.uJ~;:-~ L="::2 L;:" ,;.--- ~ LA:\DS 01" \\'1)_ CA~fPBELL TECHNOLOGY " PARK, LLC Y ~ ~ ,,~ \ \ " \ \ 7 \ \ \, S~E::T 1 CF : FLU TO ACCOMFANY DE~C;:;:?IiCN FUEUC S-mE::T TO T:--:E CiTY OF C~J.~;:=::~~ O'vt:~ L,~.ND5 CF 5C'/.',-=' \ \ LANDS OF WTA - CAMPBELL TECHNOLOGY PARK, LLC APN 412-29-007 6 =00'51'44" R=500.00' L=7.52' i.i7' ""75'35'0 -3 ,"t ____ t Z ~ 37.64 !io ......~ n"" <-r~ ~~. f'llli ~~o 0..... ..)'0\1'. 0 .~O.~ . J ? .. --7' -- 26.2 "t:. 9.56' ~78'35'Oi C" ",.0. S. . ~ lEN' E.~St:NI 6.i9' ~ii'24'5:"'N 7.47 " . '52 ^ :::00 56 -7 53' ~ 0' L-' R::=455.O '9"E.~R) ~77'3~ ;.;.-- - LANDS OF S.C.V.W.D. APN 412-31-001 LANDS OF S.C.V.W.D. APN 412-30-044 582'35'04"E ( - _ ton) 1\ 9'1.' 'r"\~'x- S11'24'59"E 1.32' OV , ~'O\.';j T.P.O.B . 8885 O.R. 541 , ) . S11.24'S9"E 7.47' w Lf)Z n-.J 2 o 21- Ou I-W U(f) W~ (f)"", r- 30 I GRAPHIC SCALE 1 INCH = 30 FT. HMH. Incorporated Civil Engineers . Planners. Surveyors 1570 OAl<LAND ROAD. SUITE 200 P.O. BOX 611510 SAN JOSE. CALIFORNIA 95161-1510 (408) 487-2200 FAX: (408) 487-2222 SHEET 1 OF 1 PLAT TO ACCOMPANY DESCRIPTION EXHIBIT 1L S.C. V. W.O. EASEMENT ("''''P''I''\,."h.1I ~nlifornia 1" g'],.' .,~ 6 =28'30'57" ~ag R=45.00' ~fQ"".'j L=22.40' 8885 OR 541 ) \ \ LANDS OF WTA - CAMPBELL \ TECHNOLOGY PARK, LLC APN 412-29-007 LANDS OF s.e.V.W.D. APN 412-30-044 6 =05'39'42" R=500.00' L=49.4" LANDS OF S.C.V.W.D. APN 412-31-001 f). =00.57'04" R=115.00' L=1.91' T.P .0.8. t::. =OT11'15" R=160.00' L=20.07' t::. =10.02'02" R=115.00' L=20.14' S8412~W~ - ~ w L()Z n-.J Z o Zf- Ou -w t;(f) w~ (f)"",- o 15 30 ~I GRAPHIC SCALE 1 INCH = 30 FT. r- SHEET 1 OF 1 HMH. Incorporated Civil Engineers . Planners. SU11Jeyors 1570 OAKLAND ROAD, SUITE 200 P.O. BOX 611510 SAN JOSE. CALIFORNIA 95161-1510 (408) 487-2200 FAX: (408) 487-2222 PLAT TO ACCOMPANY DESCRIPTlON EXHIBIT ~ S.C.V.W.D. EASEMENT Compbell Colifornio DO NOT WRITE ABOVE THIS LINE Dated this I Jf/Jday of 1111 SANTA CLARA VALLEY WATER DISTRICT 1911 ~~~"- General Manager AL'L-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SANTA CLARA '7f1v On this / ,J JI-~uJ~' 11.t~ ) SS ) day of rn~ ~-u~erSOnallY appeared , in the year ,.51~1 I /177 /17. UJ~ Name{s) ot ~Ignensl , before me o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by thislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. J e.... .... .... .... ~;-EC~A ~. ~F;~ .... r WITNESS my hand and official seal.' - Commission IF 1199296 r ---' j{ l/' /' /J / J I? / ~" ~. Notary Public - CafifomJa i f\/~~~u~lJ.n'andt:7u/ty~:a:~ ~ _ _ _ ~~~~~~f CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below. doing so may prove invaluable to persons relying on the document, o Individual 0 Trustee(s) ~~rporate Officer(s): /~ *71C/Y~ 0 Guardian/Conservator o Partner(s) o Limited 0 General D Other: o Attorney-in-Fact r:,..r: ...,n In"_1 ?QR\ Exhibit liD" Zone: TJTT Project: Me Glinev Percnl;Jt";nn Syst. Project No.: 9257-2.10,lj.02 RESOLUTION NO. 99- 26 AUTHORIZING CONVEY Ai\TCE OF INTEREST IN REAL PROPERTY BE IT RESOLVED by the Board of Directors of SANTA CLARA V ALLEY WATER DISTRICT as follows: 1. THAT the interests in real propeny of this District to be conveyed are described in "Exhibit A," so marked and attached hereto, and are not required for the uses and purposes of District; and . . 2. THAT the Gener~l ~anag~rbe and is hereby authorized to execute and deiive; the deed of the District to the propeny as described in said Exhibit A to the City of C'::l!lpbell within the said District. PASSED AND ADOPTED by the Board of Directors of SANTA CLARA V.-\LLEY WATER DISTRICT on April 6, 1999 by the following vote: AYES: Directors Zlotnick, Judge, Kamei, Sanchez, Gross, Es tremera, 'tlilson NOES: Directors None ABSENT: Directors None SANTA CLARA VALLEY WATER DISTRICT By ~4?':/:! La~' Chair/Board of Directors ATTEST: LAUREN L. KELLER .... t , CONFORMED COpy ~SS9 I RE1360 (3/17/98) .wn; .~ .... J _.. -~ . . CNJ E.'lgineers . P!:lr'- "rS . S~ VV\lham J. Wasner, K.l-,t:. November 3D, 1998 HMH 2332-02-31 Page 1 of 2 pages EXHIBIT "An PUBLIC STREET OVER LANDS OF SCVWD Real property situate in the City of Campbell, County of Santa Clara, State of California, being part of the South Yz of Section 35, Township 1 South, Range 1 West, M.D.M., described as follows: COMMENCING at the most westerly corner of that parcel of lend described in the Deed from Winchester Drive-In Theatre, Inc. to Santa Clara County Fiood Control and Water District recorded April 10, 1970 in Book 8885 of Official Records at page 541, Santa Clara County Records; Thence from said POINT OF COMMENCEMENT, along.the northwesterly and northeasterly lines of said parcel of land described in said Deed from Winchester Drive-In Theatre, Inc., the following three courses: 1) North 61056'09" East, 92.71 feet; 2) From a tangent bearing of South 82035 '04" East, along a .curve to the right having a radius of 45.00 feet through a central angle aT 28030'57", fcr 2nd 2rC length of 22.40 feet to the TRUE POINT OF BEGINNING; 3) Thence from said TRUE POINT OF BEGINNING, continuing clang s2id curve having a r2dius of 45.00 feet, through a central angle of 53014'03", for an arc length of 41.81 feet to the south line of the North 10 acres of said Section 35; Thence along said south line, South 89050'00" East, 20.00 feet to the East line aT said 10 acres; Thence along said east line, North 00023'14" West, 74.57 feet; Thence leaving said east line, South 11024'59" East, 39.22 feet; Thence along a tangent curve to the left ha'ling a radius of 455.00 feet, through a central angle of 05039'42", for an arc length of 44.96 feet; Thence along a reverse curve to the right having a radius of 160.00 feet, through a central angle of 16040'45", for an arc length of 46.58 feet; 2332LDTG,OO1 15iOOakJand Road, Suite2CO . P.o. Box611510. SanJcse,CA95161-151O. Tei: (~8)AS7-Z2CO. Fax: (t.08)AS7-2222 I , , November 30, 1998 HMH 2332-02-31 Page 2 of 2 pages Thence South 00023'56" East, 103.27 feet; Thence along a 'tangent curve to the left, having a radius of 160.00 feet, through a central angle of 11037'32", for an arc length of 32.46 feet to the southerly line of lands described in the deed to Santa Clara County Flood Control & Water District recorded in Book 4120 of Official Records at page 683, Santa Clara County Records; Thence along said southerly line, South 56055'00" West, 33.65 feet to the most southerly corner thereof; Thence along the westerly line thereof, North 00023'14" West, 95.90 feet to a southeasterly corner of lands conveyed by H.T. Petersen, et ux, to Santa 'Clara Valley Water Conservation District by deed recorded July 22, 1958 in Book 4128 of Official Records at page 429, Santa Clara County Records; '^'~'71" Thence along the'so\Jtherly line of said lands, South .88028'00" -E:~, 19.98 feet; Thence leaving said line, North 00023'56" West, 58.17 feet; Thence along a tangent curve to the left, having a radius of 115.00 fee:, through a centrel anale of 16040'45", for an arc lenath of 33.48 feet; ~, ~ Thence along a reverse curve to the right, having a radius of 500.00 feet, through a central angle of 05039'42", for an arc length of 49.41 feet. Thence North 11024'59" West, 8.80 feet to the TRUE POINT OF BEGINNING. Containing an area of 0.1880 acres, more or less; And generally shown upon Exhibit usn attached hereto and made a part hereof. 2:J:J2LDTG,QQ1 ACCFP"'~D O~J TH:S d..S#; d2Y of /l2z~ for a;: !71 :y'iatf cf tn9 City G~ Sl~ a Municipal C;Jrpori~i!)n, of th: S'lte of California, pursuant to Res'1!u'iJ;! No. 749, recorded in Book 4509-U~ County Records. Anne Bybee, City Clerk City of Campbell, California o. ._--- -_. ~-" r RECORD WITHOUT FEE , ,,"'- UNDER SECTION 6103 " ~OV 'df ,CRDE SU-~E OF CA. ) >- ecor mg equest y ) "- CiTY OF CAMPBELL ) 0 (.) ) When Recorded Mail To ) C ) W City Clerk ) :IE a: City of Campbell ) 0 70 North First Street ) U. Campbell, CA 95008 ) Z 0 APN: 412-31-002 (..) K'" (" '" ' Doc" : , 4840761 6/02/\999 3:36 PM (Space Above This Line For Recorder's Use) GRANT DEED FOR PUBLIC STREET PURPOSES FOR VALUABLE CONSIDERA nON ,receipt of which is hereby acknowledged, John ~v. Petersen and Henry T. Petersen, successor trustees of the Ida R. Petersen Living Trust dated June 21, 1990 hereby GRANT(s) to the City of Campbell, a municipal corporation, of the County of Santa Clara, State of California, for public street and related purposes, all of that certain real property within said City and more particularly described. as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Said property contains . o3loS acres, more or less, and is generally shown on the attached Plat Map_ STATE OF CAlliORNIA COUNTY OF Sa ~ CU1-VlL Onli hrUt1ru ~" (QC1t1 before me, the ~F in and for said Spt,eriersonallyappearedJVtH1 W. ~~ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person~ whose name~ subscribed the within instrument and~c wledged to me tha e executed the same' hi ~utho ed capacity~~ and that . err 'iheix-signawr~ on the insnument the personffl: or the entity upon behalf of which the person.{sT acted, executed the instrUment. , j:\forms\grantpsp(1I97) DATED ~brlll~{{,"1 3\ ,QQ1 SIGNATURE ~tl~ /7 . W. "1:/ZuA/~) SI ATURE John W. Petersen, successor trus tee of the Ida R. Petersen Living Trust dated June 21, 1990 J............................................ ........ MICHELLE l. DILLABOUGH ~ in Comm. , 1179955 (J) VI NOTARY PUBLIC. CALIFORNIA _ Sanla Clara County i ay 4, 2002 , , ----- ~ ~ ~ Recording Requested by ) ) ) ) > ) ) ) ) ) CITY OF CANIPBELL When Recorded Mail To City Clerk City of Campbell 70 North First Street Campbell, CA 95008 (Space Above This Line For Recorder's Use) GRANT DEED FOR PUBLIC STREET PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, John W. Petersen and Henry T. Petersen, successor trustees of the Id Petersen Living Trust dated June 21 1990 a R. hereby GRANT(s) co the City of Campbell, a municipal corporation, of the County of Santa Clara, State of California. for publ~c street and related purposes, all of that certain real property within said City and more particularly describ~d as follows: ' SEE EXHIBIT IIAII ATTACHED HERETO AND MADE A PART HEREOF Said property contains .0%'5 acres, more or less, and is generally shown on the attached Plat Map. STATE OF CALIFORNIA COUNTY OF SAvtlA ~\'?/\...,. On ~~ 3( lCf.qC/ before me, the undersigned, a Notary Pu lie in and for said State, personally appeared ' - ~ ~exSe,l"'. perso ly known to me (or proved to me on the basis of satisfactory evidence) to be the perso96> whose name~aH-' subscn'bed)R. the within insnument and acknowledged to me tha~shetthq executed the same injlsjhaFi- cbeinuthorized capacity(~), and that by ~ 'theirsignamre~ on the instrument the personOO, or the entity upon behalf of which the person~) acted, executed the insttumeIlL WITNESS my hand and official seal. Signature l~ Name~t(/Wlk- L. b\\\tvbO\lj~ (typed or printed) . j:\forms\grantpsp(1/97) DATED {ebrutt ((;1 4 (q1 1 SIGNATURE Typ,d or Prinred ~. . ~ cY t::U~- -' SIG~ Henry T. Petersen. successor trustee of the Ida R. Petersen Living Trust dated June 21, 1990 X . . . . . . . . . . Mic~E'L~E l. DIL~BO~G~I ~ ffi Nof~~~!u~~l~~~~NIA ~ Sam CLUJ c.unty ... . Ex as 4, 002 m&l' _! "".~ ~ ,,~-.;'.~ ,>,,31 ;,-";r,, *...~ HMH, Inl,orporated Civil Engineers . Planners . Surveyors James T. Harper William J, Wagner, R.C.E. November 30, 1998 HMH 2332-02-31 Page 1 of 2 pages EXHIBIT "A" PUBLIC STREET OVER LANDS OF PETERSEN Real property situate in the City of Campbell, County of Santa Clara, State of California, being part of the Southwest 1/4 of Section 35, Township 1 South, Range 1 West, M.D.M., described as follows: COMMENCING at the most westerly corner of that certain parcel of land described in the Deed from Winchester Drive-In Theatre, Inc. to Santa Clara County Flood Control and Water District recorded April 10, 1970 in Book 8885 of Official Records at page 541, Santa Clara County Records; Thence from said POINT OF '~OMMENCEMENT, ald,ng the northwesterly and Dortheasterly lines of said parcel of land described in said Deed from Winchester Drive-In Theatre, Inc., the following two courses: 1) North 61056'09" East, 92.71 feet; 2) From a tangent bearing of South 82035'04" East, along a curve to the right having a radius of 45.00 feet through a central angle of 28030'57", for and arc length of 22.40 feet; Thence leaving said northeasterly line, South 11024'59" East, 8.80 feet; Thence along a tangent curve to the left having a radius of 500.00 feet, through a central angle of 05039'42", for an arc length of 49.41 feet; Thence along a reverse curve to the right having a radius of 115.00 feet, through a central angle of 16040'45", for an arc length of 33.48 feet; Thence South 00023'56" East, 58.17 feet to the south line of that certain parcel of land conveyed by H.T. Petersen, et ux, to Santa Clara Valley Water Conservation District, by Deed dated July 14, 1958 and recorded July 22, 1958 in Book 4128 of Official Records, page 429, Santa Clara County Records, and TRUE POINT OF BEGINNING; Thence from said TRUE POINT OF BEGINNING, South 00023'56" East, 66.94 feet; Thence along a tangent curve to the left having a radius of 219.00 feet, through a central angle of 03018'53", for an arc length of 12.67 feet to the north line of the 20771.048 sq. ft. parcel of land shown on the Record of Survey filed in Book 51 of Maps at page 25, Santa Clara County Records,; Thence along said line, North 89036'04" East, 19.59 feet to the northeast corner thereof; 2332LDTG,002 15700akJand Road, Suite 200 . P.O. Box611510. San Jose, CA95161-1510. Tel: (408)487-2200. Fax: (408)487-2222 November 30, 1998 HMH 2332-02-31 Page 2 of 2 pages Thence along the quarter section line running north and south through the center of said section 35, North 00023'14" West, 80.00 feet to a southeasterly corner of said parcel of land conveyed to Santa Clara County Flood Control and Water District; Thence along the south line of said parcel of land, South 88028'00" West, 19.98 feet to the TRUE POINT OF BEGINNING. Containing an area of 0.0365 acres, more or less; And generally shown upon Exhibit liB" attached hereto and made a part hereof. 2332LD TG. 002 0:: (f) l' I- L() 10 W I~ .............. I~ l~ ..J It; <( IW ~ I l!) ~ I ~ 588'28' O"W 19.9 ' 582'35'04"[ --~ t:F28'30'S7" R=4S.00' L=22.40' ,,~ . , ()9J ,~ro ~ro\ 511.24'S9"E 8.80' LFOS'39'42" R=SOO.OO' L=49.41' 6=16.40'4S" R=11S.00' L=33.48' l' LANDS OF S.C.V.W.D. cO L() T.P.O.B. ~ . W to L() 'to f'I o o (f) .oq- en to to o 15 30 ~l ~03'18'S3" R=219.00' L=12.67' 20' ~IGHT OF WAY (3371 DEEDS 138) o o ..... d w W +I co 0:::. .....U (/) <( 3= () ~ .oq- _ t') ..J 0 t') CO. N :J 0 0 a.. 0 z GRAPHIC SCALE 1 INCH = 30 FT. N 9'36'04"E !\ 19.59' EXHIBIT "B" HMH. Incorporated Civil Engineers . Planners. SUT1Jeyors 1570 OAKLAND ROAD, SUITE 200 P.O. BOX 611510 SAN JOSE. CAlIFORNIA 95161-1510 (408) 487-2200 fAX: (408) 487-2222 c:.llnP"'l"'lIt t_1"i hv- SHEET 1 OF 1 PLAT TO ACCOMPANY DESCRIPTION PUBUC STREET TO THE CITY OF CAMPBELL OVER LANDS OF PETERSEN ACCEPTED ON THIS r} If I- day of VlJIgII jQ9Y for and on behalf of the City of Campbell, a Municipal Corporation, of the State of Cal!fornia, pursuant to Resolution No. 749, recorded in Book 4509 ~ County Records. Anne Bybee, City Clerk City of Campbell, Ca!.ifornia " . ACCEPTED ON THIS ~I Jl: day of ~,/Cf99 for and on beha1f of the City of Campbell, a Municipal Corpontion, of the State of California, pursuailt to Resolution No. 749, recorded in Book 4509 - Pel 0 Sa~ ;Iara County Records. ~ Anne Byb~e, City Clerk City of Campbell, CaUfornia ~ > a.. o o c w :e a: o LL Z o o .1 ,3 RECORD WITHOUT FEE UNI SECTION 6103 GOVERNMEN1 CODE OF THE STATE OF CA. Recording Requested by ) ) ) ) ) ) ) ) ) ) CITY OF CAlvfPBELL When Recorded Mail To City Clerk City of Campbell 70 North First Street Campbell, CA 95008 Doc\=1 : 1 4840762 6/02/1999 3:36 PM APN: 412-31-021 (Space Above This Line For Recorder's Use) GRANT DEED FOR PUBLIC STREET PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JAMES L. ZANARDI and RANDI J. ZANARDlt, Co-Trustees of the Zanardi Living Trust dated March 29t 1990t as Amended hereby GRANT(s) to the City of Campbell. a municipal corporation, of the County of Santa Clara, State of California, for public street and related purposes, all of that certain real property within said City and more particularly described as follows: SEE EXHIBIT IIAII ATTACHED HERETO AND MADE A PART HEREOF Said property contains .02-2.4. acres, more or less, and is generally shown on the attached Plat Map. STATE OF CALIFORNIA COUNTY OF Sa,vLtu\ (It{ teL onJln- \ \ I )~q before me, the undersigned, a Notary Public in and for said. _S~te~,-~onall.x appean;~~f1\~) 7a hll rd., ~ It 1A.NJ..rtl r personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s):;:!{are subscribed to the within instrUment and acknowledged to me that heHMlthey executed the same in ~ their authorized capacity(ies), and that by~/ 'their signamre(s) on the instrUment the person(s), or the entity upon behalf of which the person(s) acted, executed the instrUment. WITNESS my hand and official seal. Signamre ~111L ~. ~/lla~ Name" '.; b (typed or printed) . j:\forms\grantpsp(1/97) DATED Jet'" llilr~ \ \. ) qqq I JAMES L. ~ ARDl, CO-TRUSTEE ~~!;dt , ~. SIGNATURE~AAJ RANDl J. ZANARDl, CO-TRUSTEE Typed or Printed , IMI' . j j HMH, Inc,..,rporated :' , , " 1 Civil Engineers . Planners . Surveyors . . ' I ..~j ;01J -..J _J _J James T. Harper 1Ni1liam J. Wagner, R.C.E. November 30, 1998 HMH 2332-02-31 Page 1 of 2 pages EXHIBIT "An PUBLIC STREET OVER LANDS OF ZANARDI Real property situate in the City of. Campbell, County of Santa Clara, State of California, being part of the Southwest 1/4 of Section 35, Township 1 South, Range 1 West, M.D.M., described as follows: COMMENCING at the most westerly corner of that certain parcel of land described in the Deed from Winchester Drive-In Theatre, Inc. to Santa Clara County Flood Control and Water District recorded April 10, 1970 in Book 8885 of Official Records at page 541, Santa Clara Co~nty Records; Thence from said POINT OF COMMENCEMENT, along the northwesterly and northeasterly lines of said parcel of land described in said Deed from Winchester Drive-In Theatre, Inc., the following two courses: 1) North 61056'09" East, 92.71 feet; 2) From a tangent bearing of South 82035'04" East, along a curve to the right having a radius of 45.00 feet through a central angle of 28030'57", for and arc length of 22.40 feet; Thence leaving said northeasterly line, South 11024'59" East, 8.80 feet; Thence along a tangent curve to the left having a radius of 500.00 feet, through a central angle of 05039'42", for an arc length of 49.41 feet; Thence alo_ng a reverse curve to the right having a radius of 115.00 feet, through a central angle of 16040'45", for an arc length of 33.48 feet; Thence South 00023'56" East, 125.11 feet; Thence along a tangent curve to the left having a radius of 219.00 feet, through a central angle of 03018'53", for an arc length of 12.67 feet to the north line of the 20771.048 sq. ft. parcel of land shown on the Record of Survey filed in Book 51 of Maps at page 25, Santa Clara County Records, and the TRUE POINT OF BEGINNING; Thence from said TRUE POINT OF BEGINNING, continuing along said tangent curve to the left having a radius of 219.00 feet, through a central angle of 21019'40", for an arc length of 81.52 feet to the east line of said 20771.048 sq. ft. parcel of land; 2332LD TG. 003 1570 Oakland Road, Suite 200 - P.O, Box61151o - San Jose. CA95161-151o - Tel: (408)487-2200 - Fax: (408)487-2222 November 30, 1998 HMH 2332-02-31 Page 2 of 2 pages Thence along said east line, North 00023'14" West, 78.65 feet to the northeast corner of said parcel of land; Thence along the north line of said parcel of land, South 89036'04" West, 19.59 feet to the TRUE POINT OF BEGINNING. Containing an area of 0.0224 acres, more or less; And generally shown upon Exhibit "B" attached hereto and made a part hereof. 2332LDTG.003 \ \ L~NDS OF S~C,V.W.D, \ I I I I LF28'30'S7" R=4S.00' L=22.40' 582'35'04 - _c. ton ----.: ,,<(, .o~ .,:>'0 ~'O\ LFOS'39'42" R=SOO.OO' L=49.41' LANDS OF s.e.V,W.D. LF16'40'4S" R=115.00' L= 33.48' ~ o ~ ~ v "- ~ (f) W Z ..J f- (f) <( W W to- Lt)~ - ~ 1"')' NLt) , N o~ o (/) ~ 0:: (f) l' f- Lt) I"') U W (f) LANDS OF PETERSEN LF03'18'53" R=219.00' L=12.67' S89'36'04"W 19.59' I I I I I 10' yANITARY SEWER ESMT.I (8406 O.R. 458) 25' P~IVA TE INGRESS/EGRE S ESMT. ~ PUBLIC UTILITIES ES ' (3755 O.R. 659) I SHEET 1 OF 1 PLAT TO ACCOMPANY DESCRIPTlON PUBUC SlREET TO THE CITY OF CAMPBELL OVER LANDS OF ZANARDI T,P ,0.8. I I I I II LF21'19'4 .. McGLlNCEY LANE ~=~;.;go POLE LINE EASEMENT I I (2291 OR 106) 20' RIGHT OF WAY I, (337 DEEDS 138) LANDS OF ZAN ARD I 3: :q. ~ I"') ~ o o z I EXHIBIT "B" I HMH. Incorporated Civil Engineers · Pla.nners . Surveyors 1570 OAKLAND ROAD. SUITE 200 P.o. BOX 611510 SAN JOSE. CAUFORNIA 95161-1510 (408) 487-2200 FAX: (408) 487-2222 Subrnltted b . "' , ACCEPTED 0:1 THIS clot;, day Of~~ I7f9 for and on b::l3!f of the City of C~mpbell, a MUr):cip3! Cor~oration, of th9 S'3:e of California, pursu3::t to Res'Jlution No. 749, recorded in Book 4509 ~180 Santa Clara County Records. , 'tP MLA.. Anne Bybee, City Clerk City of Campbell, California .... ~ "\. ,~ J C 1.1.1 ~ a: o u.. Z o (.) 21 l 'RECORD WITHOUT FEE ur GOV'T CODE OF STATE O~ RecoFding Requested by '{ SECTION 6103 CALIfORNIA ) ) ) ) ) ) ) ) ) CITY OF CANfPBELL When Recorded Mail To City Clerk City of Campbell 70 North First Street Campbell, CA 95008 Doc~ : 148413763 6/02/1999 3:36 PM APN: 412-30-042, 043 (Space Above This Line For Recorder's Use) GR.\NT DEED FOR PUBLIC STREET PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WTA Campbell Technology Park LLC, a California Limited Liability Company hereby GRANT(s) to the City of Campbell. a municipal corporation, of the County of Santa Clara, State of California. for public street and related purposes. all of that certain re:1l property within said City and more particularly described as follows: SEE EXHIBIT "N1" ATTACHED HERETO AND MADE A PART HEREOF Said property contains ~. .{leet more or less, and is generally sho~ on the aIIached Plat Map. STATE OF CALIFORNiA. COUNTY OF SAtJ1 ~ O.-Ai.i+ on~fC# l~1' qq before me, the undersigned, a Notary Public in and for said State, personally appeared .tb\l\.\-A~ ~ IN++I....~ ~goaU' leaewn ~ (or proved to me on the basis of satisfactory evidence) to be the person(~) whose name(v is/... subscribed to the within instrument and acknowledged to me that he/s~executed the same in ~ ti:IoK' authorized capacity~). and that by histaHi '~ignamre(,) on the instrument the person(l), or the entity upon behalf of which the personQ;) acted, executed. the instrUIIlent. Signa WITNESS my hand and 0 Name .../ll..f>E:ftf 161U ~U4~. (typed or printed) , j:\forms\grampsp(1/97) DATED ~ \ l t q 9 WTA C bell Technology Park LLC SIGNATURE 'Howard J. White, III Trustee of the Howard and Carolee White February 1986 Typed or Printed Trust, Manager ALBERT SIU-TOUNG COMM. #1179431 ~ NOTARY PUBLIC. CALIFORNIA ::. SANTA CLARA COUNTY My Comm. Expires Apr, 10, 2002 This area for official notarial seal_ M'ii 1 ^- " :; .."., ...~.. ,,_~j """,:i "*df ..;;.3 ;,,:c,,; HMH, Inl.."rporated CMI Engineers . Planners . Surveyors James T. Harper William J. Wagner, R.C.E. February 5, 1999 HMH 2332-02-31 Page 1 of 2 pages EXHIBIT "A" PUBLIC STREET OVER LANDS OF WT A - CAMPBELL TECHNOLOGY PARK, LLC Real property situate in the City of Campbell, County of Santa Clara, State of California, being a portion of the Southeast Quarter of Section 35, Township 7 South, Range 1 West, M.D.B. & M, described as follows: Commencing at a point in the northwesterly line of McGlincey Lane, as said line was established by Dee.d to the City of Campbell recorded July 29, 1964 in Book 6600 of Official Records at page 557; Santa Clara County R'ecords, at the point of intersection of said northwesterly line with the quarter section line running North and South through the center of said Section 35; Thence along the northwesterly line of McGlincey Lane, North 56055'00" East, 14.14 feet to the True Point of Beginning; Thence continuing along the northwesterly line of McGlincey Lane, North 560 55' 00" East, 119.29 feet to a point in the southwesterly line of that certain parcel of land described in the Deed from Steve Laptalo, et ai, to Oden Snowden, et ux, dated July 25, 1952, recorded September 18, 1952 in Book 2490 of Official Records, at page 105, Santa Clara County Records; Thence along said southwesterly line, North 33005' 00" West, 1.67 feet to the beginning of a non-tangent curve to the right, from which the center bears North 160 53' 04" West, 42.00 feet; Thence along said curve, having a radius of 42.00 feet, through a central angle of 730 49' 08", westerly, an arc length of 54.11 feet; Thence North 33003' 56" West, 25.47 feet to the beginning of a curve to the right; Thence along said curve, having a radius of 160.00 feet, through a central angle of 210 04' 15" ,northerly, an arc length of 58.84 feet; Thence parallel with said line of McGlincy Lane, South 560 55' 00" West, 33.63 feet to said quarter section line; Thence along said line, South 000 23' 14" East, 62.83 feet to the beginning of a non-tangent curve to the left, from which the center bears North 640 57' 26" East, 219.00 2332LDDT.Ol0 1570 Oakland Road,Suite200. P.O, Box611510. San Jose, CA95161-1510. Tel: (408)487-2200. Fax: (408)487-2222 February 5, 1999 HMH 2332-02-31 Page 2 of 2 pages feet; Thence along said curve, having a radius of 219.00 feet, through a central angle of 080 01' 22" ,southerly, an arc length of 30.67 feet; Thence South 33003' 56" East, 11.57 feet to the beginning of a curve to the right; Thence along said curve, having a radius of 30.00 feet, through a central angle of 890 58' 56", southerly, an arc length of 47.11 feet to the TRUE POINT OF BEGINNING. Containing 7111 square feet, more or less; And generally shown upon Exhibit "B" attached hereto and made a part hereof. 2332LDDT.010 LANDS OF S.C.V.W.D. APN 412-30-044 W L()Z t')...J Z o ZIF 00 F\W uUl W UlIZ .- LANDS OF BAT DEVELOPMENT APN 412-30-041 LANDS OF ZANARDI . APN 412-31-021 I PRIVATE I ACCESS EASEMENT I LANDS OF MARRONE APN 412-31-022 NO VEHICLE ACCESS RIGHTS TO STREET / GRAPHIC SCALE /' 1 INCH = 30 FT. HMH. Incorporated CiviL Engineers. Planners. S1J.T1Jeyors 1570 OAKLANO ROAO, SUITE 200 P.O. BOX 611510 SAN JOSE, CAUFORNIA 95151-1510 (408) 487-2200 FAX:. (408) 487-2222 SHEET 1 OF 1 PLAT TO ACCOMPANY OESCRIPllON EXHIBIT B CITY OF CAt.4PBELL CAUFORNIA . .u . ACCEPTED ON THIS 2/ day of ~I /99; for and on behalf of the City of C3mpbell, a Mun;cip3! C'r;ontion, of the State of California, pursur:t to Resalution No. 749, recorded in Book 4509 ~ Santa Clara County Records. ~ Anne Bybee, City Clerk City of Campbell, California ""':'" ,;., ~ '" c w :E a: o LL Z o (.) / b .0 RECORD WITHOUT FEE UluJER SECTION 6103 GOVERNMENT CODE OF THF STATE OF CALIF. Recording Requested by ) ) ) ) ) ) ) ) } . ) ~lll vr ~^Mrn~L_ 19JUUl CITY OF CAMPBELL \ 4840164 Ooc": 3:36 PM 6/02/ \999 When Recorded Mail To City Clerk City of Campbell 70 North First Street Campbell, CA 95008 APN: 412-29-001 (Space Above This Line For Recorder's Use) GRANT OF EASEMENT FOR DRAINAGE PURPOSES AND ACCESS FOR EMERGENCY VEmCLES ONLY FOR VALUABLE CONSIDERA nON, receipt of which is hereby acknowledgei!. Paseo De Palowas, Inc., a California corporation, hereby GRANT(s) to the City of Campbell. a municipal corporation, of the Coun.'Y of Santa Clara, State of California, an ea3emeDt for access for emergency vehicles only and an wemem for drainage purposes to build and mainU!in an underground pi~line. and nec;essary devices and appur~, over, under. along and across, all of that certain real property within said City and more particularly described as follows: SEE EXHIBIT 'A' ATTACHED HERETO AND MADE APART HEREOF BY REFERENCE. . Said cootaim 0.916 acres, more or less. and is aeneralh shown on the attached Plat MalJ. The: Grant of Easeme:nt tal . . contained related co drainage shall include the~' to enter said premises. co survey. - I I here.1\. " r\9 ,t' 'I' , - I "'- construct. reconst,ruct., ay. :e~ay. n:amtam.. operate: control. use and remove s. a pIpe me: HS nxrures. appurtenances. /... 'V ~ 'J ar.l1 (0 remove objects mtertenng w1!h the construcClon. operation and maimenance thereor. The Grantor reserves the .J right to occupy and use said premises for any purpose not inconsistent with the rights and ?rivi1eges above granted ar.d ! ,~ which will not interfere with or endanger said pipeline. its nxrures and appurtenances or the use thereof. The City ",! shall use due care in the construction. operation and maintenance of said ?ipelir.e. its fi:m:.r~s ar:d appurtenances, ' The provisions hereof shall inure to the benetit of and be bir.ding upon heirs. S\;c~ssors. assigl'.s. and persol'.aI representatives of the respective panies hereto. STATE OF CALIFORNIA COUNTY OFCSa n 10. Cltl VVt- onR1ruQ~ ~~J \ tl ti1 before me, the un. dersigned. a Notary ~qlic.lA ;rd for s~d ~tate, personally appeared;..k"f~ t1 105 QlI(l t!:N"IJ J-. H~.I\Se r'\ per3sp,>l1y lcno}YIl u:u:c.e-(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s),W/are subscribed to the within instrument and acknowledged to me that ~they executed the same ill~iI<;rl their authorized capacity (ies), and that b~rl their signature(s) on the instrument the person(s). or the enticy upon behalf of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. ~narure L. l Name~\eJ L. D\\\t1bvW1 h (typed or primed) -0 j: \forms\grantemg( 1199) DA TE~(\ita (ll 21R/ l qVfCJ Pas eo De Palomas, Inc., a California corpo.rati~ y 4 / By :.t::1 /"P# d -c?v/~ SIGNATURE A-k Vt)) 1-{;fN5 EN' /-. Printed ~~b SIGN. URE :rOoSt-- Primed r:::/ /-/ oS . . _. - ~ i ; \. ~ -..1. '1 ;' , , t i ,;.~ ~~ ~ di~ !H".J HMH, Irn,orporated CMI Engineers . Planners . Surveyors James T. Harper VVilliam J. Wagner, R.C.E. January 13, 1999 HMH 2332-02-31 Page 1 of 1 page EXHIBIT "A" STORM DRAIN EASEMENT & EMERGENCY ACCESS EASEMENT REAL PROPERTY in the City of Campbell, County of Santa Clara, State of California, described as follows: Being a portion of Lot 6 of the Willett Partition as shown on the Record of Survey filed for record November 4, 1966 in Book 216 of Maps at page 29, Santa Clara County Records: Commencing at th"e northeas~erly corner of said po~ion of Lot 6; Thence along the northerly line of said portion of Lot 6, West, 30.05 feet to a point in the westerly line of Union Avenue and the True Point of Beginning; Thence along said westerly line, South 03015'00" West, 30.00 feet to the general southerly line of said portion of Lot 6, which is shown on said Record of Survey with a bearing and distance of "East, 817.06 feet"; Thence along said southerly line and the prolongation of said southerly line, West, 1328.95 feet; Thence South 68037'30" West, 7.14 feet to the westerly line of said portion of Lot 6; Thence along said westerly line, North 07018'20" East, 32.82 feet to the northerly line of said portion of Lot 6; Thence along said northerly line, East, 1333.12 feet to the True Point of Beginning; Containing an area of 0.9176 acres, more or less; And generally shown on Exhibit "B"attached hereto and made a part hereof. 2332LDTG.007 /%i;occaooc. V,ND S. ""~ 4-~~......~ ~i)1 "-, D $""; ~~ '{';\ ~ 8 (j.f STEVCtl 1.1, "',~,\ CI ::J U Wt:NDC.l'-",' I .. :JJ c; CI .., I's-t ...l..j li'\I..J.. U ~ ~ \ Exp, C9-3i'rJl 9 i:? ft o -~ J I!.l ~ .':, ~\ <fl~ ~ ~.o, 4444,/1" ,"" if \~ -" . ~~{J - t'J\.. """"=><' ro(~,-.. . ~~'O ~v' 0" 0'<:-(; F C!'\"'.'\ -"" ~ ~ '%o'-;-ovc..~,~"~",,..v 15700akland Road,Suite200. P.O. Box611510. San Jose, CA95161-1510. Tel: (408)487-2200. Fax: (408)487-2222 1 . " . LANDS OF WTA-CAMPBELL TECHNOLOGY PARK APN 412-29-07 S6S.37'30"wf 7.14' LANDS OF PASEO DE PALOMAS, INC. APN 412-29-1 STORM DRAIN EASEMENT & EMERGENCY ACCESS EASEMENT 216 R.O.S. 29 LOT 6 OF THE WI LLE T-T PAR TI TI ON ~ - cp :l LANDS OF SOVEREIGN GROUP APN 412-29-2&3 . ~.,., ftf STEVEN M~~ \ 8 :::J MENDENHAll :0 ~ g * 'i. Exp. 09-30-0~. * Q ~ ~. 0 ~~}O~= ,#-1 ~<:{.f ,r: cf;\.~~7 Ij,:;Q SOSlS'OO"W 30.00' o 100 200 ~l GRAPHIC SCALE 1 INCH = 200 FT. ON Dote: Scale: o .... ~ ~ ~ "7,..L ? NOT18'20"E 32.82' PARCEL A 315 P.M. 33 LOT 5 OF THE WILLETT PARTITION LANDS OF STANFORD APN 412-16-3 HMH. Incorporated Civil Engineers . Planners. Surveyors 1570 OAKLAND ROAD. SUITE 200 P.O. BOX 611510 SAN JOSE. CAlIFORNIA 95161-1510 (408) 487-2200 FAX: (408) 487-2222 SHEET 1 OF 1 PLAT TO ACCOMPANY DESCRIPTION EX~IBIT "B" Campbell Coliforn io ACCEPTED ON THISr'?/i' day of '!/lip, /91/9 for and on behalf of the City of Campbell, a Municipal Corpontion, of the State of California, purSu3~t to Resolution No. 749, recorded in Book 4509 ~80 Santa Clara County Records. / M ~. ~ An e Bybee, City Clerk City of Campbell, CaHfornia (o CONFORMED ~Opy j .. , /, "-r ~ RECORD WITHOUT FEE UNDER SECTION 6103 GOVERNMENT CODE OF THE STATE OF CALIFORNIA AFTER RECORDING RETURN TO: SANTA CLARA VALLEY WATER DISTRICT 5750 ALMADEN EXPRESSWAY SAN JOSE, CALIFORNIA 95118 Doc~ : 1 4840765 6/132/1999 3:36 PM SPACE ABOVE THIS LINE FOR RECORDER'S USE APN: 412-29-007 EASEMENT DEED (INGRESS/EGRESS) DOCUMENT NO.: 9257-28 WT A CAMPBELL TECHNOLOGY PARK, LLC, a limi~ed liability corporation of the State of California, hereinafter "Grantor," does hereby grant, convey and dedicate to the SANTA CLARA VALLEY WATER DISTRICT, a public corporation ("District"), an easement for the purpose of ingress and egress on, upon, over, and across that certain real property, in the City of Campbell, County of Santa Clara, State of California, described as: Being part of the South V2 of Section 35, Township 1 South, Range 1 West, M.D.M., described as follows: COMMENCING at the most westerly corner of that parcel of land described in the Deed from Winchester Drive-In Theatre, Inc. to Santa Clara County Flood Control and Water District recorded April 10, 1970 in Book 8885 of Official Records at page 541, Santa Clara County Records; thence from said POINT OF COMMENCEMENT, along the northwesterly and northeasterly lines of said parcel of land described in said Deed from Winchester Drive-In Theatre, Inc., the following two courses: 1. North 61056'09" East, 92.71 feet; 2. From a tangent bearing of South 82035'04" East, along a curve to the right having a radius of 45.00 feet through a central angle of 28030'57", for an arc length of 22.40 feet; Thence South 11024'59" East, 1.32 feet; thence North 78035'01" East, 1.17 feet; to the TRUE POINT OF BEGINNING; thence North 78035'01" East, 37.64 feet; thence South 00023'14" East, 15.28 feet; thence South 78035'01" West, 26.27 feet to the beginning of a non-tangent curve to the left, from which the center bears South 60014'11" West, 45.00 feet; thence Northwesterly along said curve, having a radius of 45.00 feet, through a central angle of 22003 '07", for an arc length of 17.32 feet to the TRUE POINT OF BEGINNING. Containing 470 square feet or O.Ol1-acre of land, more or less, and generally shown upon Exhibit "A" attached hereto and made a part hereof. ! lSlOdeed r~,['i:~f1i-~.):~ ~ , .1'\ r,r"!:' 1 '..,-.} ~ '" to..............,. ~___ . .' DO NOT WRITE ABOVE THIS LINE The easement shall include the right to construct, reconstruct, inspect, maintain, and repair a channel, protection works, and appurtenant structures, together with the right to trim or remove such trees or brush within the easement area as may constitute a hazard to persons or property or may interfere with the use of the said area for the purposes granted. It also shall include the right to enter upon said land with vehicles, tools, implements, and other materials, take therefrom and use, earth, rock, sand, and gravel for the construction, maintenance, and repair of said channel, protection works, and appurtenant structures by said District, its officers, agents, and employees and by persons under contract with it and their employees whenever and wherever necessary for flood control or storm drainage purposes. DatedthisJ3tn day of ~ 19~ CkQ1t\ -JiowtL Y1A d, \l\Jh, k) -rtL ~ \ ~ (YV;h'\/b9V \AM (t\YYL~tttLjh~})Yrl~Pa/lL- LLl All-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SANTA CLARA )3Jh ~A \ cbLLl t" 1 b ) ss ) On this day of ~ ' in the year ~ ' before me \) \ \ 'o.XJDug \erSOnallY appeared --Bo WltYUl ~~elsl Ol~ J JTt ~rsonallY known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. -U)'~,,~;,~o,:h1J~~ -...... ......... . .....( l~MICHELLE l. DILLABOUGH - Comm. , 1179955 U). NOTARY PUBLIC. CAliFORNIA m StntJ Clara County ... '" Comm. Ex il.. May 4, 2002 CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below. doing so may prove invaluable to persons relying on the document. o Individual o Trustee(s) o Partner(s) o Limited o General o ~ Other: M CtX\ ~~ Yr r rvule V. o Corporate Officer(s): Guardian/Conservator o Attorney-In-Fact Signer is Representi~~On(~) or Entity(ies) \.NIt\ CA nvv Y\t> \ ~~ '{Ja rL- t;~ Fe-lo16 (9/96) A, . DO NOT WRITE ABOVE THIS LINE CERTIFICATE OF CONSENT AND ACCEPTANCE This is to certify that the interest in real property conveyed by the attached Deed or Grant to Santa Clara Valley Water District is hereby accepted by the undersigned duly authorized agent on behalf of the Board of Directors of said Santa Clara Valley Water District, pursuant to authority conferred by Resolution No. 68-25 of said Board of Directors adopted on the 26th day of March 1968, recorded March 27, 1968, Book 8069, Page 535, Official Records of Santa Clara County, California, and the grantee consents to recordation thereof by its said duly authorized agent. ~/(~/q1 Dated: Santa Clara Valley Water District BY~~~ Gener anager/elctl. \If .Th... Dv<ud'vf Di.lXLUrs - (Strike out inapPliJble one) FC-1016 (9/96) , " \ \ LANDS OF WTA - CAMPBELL TECHNOLOGY PARK, LLC APN 412-29-007 T.P.D.B. "( N7B.35'O\ co N lfi (~ 'Ii' "'..) , .~. ':.l S7B.:)5'O"''tJ C" Vl.O. ~~SE\AEN1 LANDS OF S.C.V.W.D. APN 412-31-001 w If)z n~ Z o ZI- OU -w tJU) w~ U)'" or- o 15 30 ~I GRAPHIC SCALE 1 INCH = 30 FT. LANDS OF S.C.V.W.D. APN 412-30-044 SHEET 1 OF 1 HMH. Incorporated PLAT TO ACCOMPANY DESCRIP110N CiviL Engineers. Planners. Surveyors EXHIBIT A 1570 OAKLAND ROAD. SUITE 200 P.O. BOX 611510 SAN JOSE, CAllFORN'A 95161-1510 S.C. V. W.O. EASEMENT (4Q8) 487-2200 fAX: (408) 487-2222 ~___L _" rnl;fnrnio . :. ~ CONFORMEL,~OPY /... ) (/ ~ . . , City of Campbell ) ) ) ) ) ) ) ) ) ) Doc" : 14840767 6/02/1999 3:37 PM Recording Requested by: When recorded mail to: City Clerk City of Campbell 70 North First Street Campbell, CA 95008 412-29-007, 412-30-042 and 412-30-043 (Space above this line for Recorder's use only.) STREET~PROVEMENTAGREEMENT THIS AGREEMENT (identified as File Nos. TS 97-01 and PD 96-:06 made and entered into this ~~,f) "dayof H~' , 19 ?? , by and between WTA CAMPBELL TECHNOLOGY ARK. LLC , hereunder referred to as "Owner," and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City." WHEREAS, on November 18. 1997 and on December 8. 1997 the City Council granted conditional approval of TS 97-01 and PD 96-06 for that certain real property described in Exhibit A*attached and incorporated as though fully set forth herein, and commonly known as 535 Westchester Drive and 571 McGlincey Lane , which property is hereinafter referred to as "said real property"; WHEREAS, compliance with the terms and conditions of this Agreement are conditions to the approval of the above described Tentative Subdivision and Planned Development; 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, street improvements as described in Section 11.24.040 of the City Code within 24 months from the date first mentioned hereinabove; provided, however, that in the computation of said 24 month period, delays due to, or caused by acts of God, viz., unusually inclement weather, major strikes, and other delays 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 24 month period, the City, 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. *Exhibit A includes Exhibit A-I, A-2, 1-3 and A-4. I (3) Owner, or his successors, shall cause to be prepared at his cost anQ. expense improvement plans for the construction 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'.constructien work of the improvements embraced by this Agreement shall be done in accordance with" the specifications of the City of Campbell and West Valley Sanitation District of Santa Clara County, where indicated. W 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 calculated in accordance with Resolution No. 9391, as adopted by the City Council on June 2, 1998, or as may subsequently be adopted by the City CounciL (6) Owner, or his successors, shall file with City, prior to beginning construction, surety acceptable to the City in amount equal to the City Engineer's estimated cost of the street improvements to ensure 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) (This section left intentionally blank.) (9) (This section left intentionally blank.) 2 (10) Owner, or his successors, shall make such deposits or file such bonds and enter into such agreement as required by West Valley Sanitation District of Santa Clara County to ensure 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 stating that Owner, or his successors, have made such deposits or filed such bonds and entered into such agreements. (11) Owner, or 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 ensure 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 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. 3 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, ju4gments, 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 535 Westchester Drive and 571 McGlincey Lane , and the City's property, commonly described as Westchester Drive. McGlincey Lane and Campbell Technology Parkway 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) Nothing contained herein shall be construed to transfer any unvested interests in real or personal property for 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 parties. (21) Owner shall provide and construct public street improvements per preliminary plans titled" Public Improvement Plans for Campbell Technology Park. 535 Westchester Drive. Encroachment Permit 98-219 ," which are subject to approval by the City Engineer, prepared by HMH. Incorporated. 1570 Oakland Road. Ste. 200. San Jose. CA 95131. 4 IN WITNESS WHEREOF, said City has caused its name to be affixed by its Public Works Director and City Clerk, who are duly authorized by Ordinance 1951 adopted September 2, 1997, and said Owner has caused his name to be affixed the day and year first above written. WTA CAMPBELL TECHNOLOGY PARK, ~)~~~ Title: \\J\.Q t-...\q 9 I ~\)Q ~\EM.'\ ~, \ C~L . ~ Robert Kass, Public Works Director (Attach Notary Acknowledgment for all parties) h: \agr\535west2qnp) 5 / STATE OF CALIFORNIA COUNlY OF SANTA CLARA On :1~~~-l tUft) ~ ~ l 14 tj C; before me, ~~ (!J. O~(JZ. . ~-LU 12..ti!; (Notary Public) ( ., personally appeared ~.-l.{.)a.1.d ~. w J:tL . 'tvt&Mbt CJ~ r VYv/V'\o1 ha--.....- () I \ pet:i:on.:;Ylyknovrn to me (or proved to me on the basis of satisfactory evidence) to be the pe.rso~~ whose nam~mre subscribed to the within instrument and acknowledged to me that(9/she/they executed the same in ~~their authorized capacity(ies), and that by his/her/their signature~ on the instrument, the perso~, or the entity upon behalf of which the person~acted, executed the instrument. WITNESS my hand and official seal. ~----------_.-._.-.--- ~ IRENE C. O'DONNEll . _. -~ Commission # 1176243 J ~ c.:a . Notary Public - California f ~ .,' Santa Clara Counly f .. My Comm. Expires Mar 14. 2002 ---......-------.-.-.......... ~~ (!. tJ'L~~-/ (Signature of Notary Public) (This area for notarial seal) 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i.<'X'.<'X'.G<'.<'X'.<'X'.G<'.<'X'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.G<'.o..~ I Slale of ra h..\u r 1\: tL. I I County of :f(J{)b- Cia (Cl..... .. ~ On ::> I J. II c; 1 before me, _~)') }'"\" R h,t> (Vail! Ii Pu h II G . ~ personally appeare:" 6 be rj- t s s "m..oo t... oJ~, [.,. -,~. ~. """ "'",,-, ~.: Name(s) of Signer(s) ~ ,9(PersonallY known to me - OR 0 proved to me on th~ basis of satisfactory ovidcnce to be the person~ ~ whose name(st is/are-subscribed to the within instrument ~ and acknowledged to me that he/sho/they executed the ~ same in his/heffthetr authorized capacityftest; and that by I hiSt/hheffthet1't.'t Signatubre(hS")lfonfthehi,nshtruhment the p(:~sOn(s1d' . .... or e en I y upon e a 0 w IC t e person ~ acte , executed the instrument. B ~ ~ ~ I ~ ~ I ~ i ~ l--.-......................I'o...................l' ~ ANNE BYBEE ~ €I ComrMslonll006504 ~ ~?;j ~ .. NotaryPubiC-Cdlfamla s: I , z'" santa C1aICI county 1 I ',i . My ComlT). ExpIres Mar 5. 2(XX) ~ "_ _ _ _-~<o>.~ -.. -. - ~. ~ ~ ~ ~ ~ ~ ~ ~ I ~ (! (, ~, WI~Z2::A?L /! ' : Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document '" Title or Type of Document: Document Date: Number of. Pages: Signer(s) Other Than Named Above: .' Capacity(ies) Claimed by Signer(s) '} ~. Signer's Name: Signer's,N~~ o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: o Individual . 0 Corporate Officer:", Title(s): ,-' o Partner - Ci Limited 0 General [J. Attor~ey-~ri~Fact' '_ o Trustee o Guardian or Conservator o Other: . Top of thumb here . Top of thumb here Signer Is Representing: Signer Is Representing: i;i(;' ' . '.' , " ,'.... .. " ,', . '. .....' C 1995 National Notary Association' 8236 Remmel Ave,. P,O, Box 7184' Canoga Park, CA 91309,7184 Prod, No. 5907 ,I I I I .,~ Reorder. Call TolI,Free 1,800.876,6827 JMf. _ .414 .~ ...... ....... HMH, I. ..orporated CMl Engineers . ltletS . Surveyors James T. Harper 'MIiam J. Wagner, R.C.E. December 11, 1998 HMH 2332-02-31 Page 1 of 2 pages EXHIBIT "A-I" Real property situate in the City of Campbell, County of Santa Clara, State of California, being part of the North 10 acres of the East 1/2 of the Southwest 1/4 and part of the Southeast 1/4 of the Northwest 1/4 of Section 35, Township 1 South, Range 1 West, M.D.M., described as follows: Commencing ,at the most westerly corner of that portion described in the Deed from Winchester Drive-In Theatre, Inc. to Santa Clara County Flood Control and Water District recorded April 10, 1970 in Book 8885 of Official Records at page 541, Santa Clara County Records; Thence along the south line of said North 10 acres; North 89050'00" West, 688.81 feet to the southeasterly line of Cristich Lane (a 60 foot wide private street) to the True Point of Beginning; Thence, leaving said south line, North 50033'30" East, 429.50 feet; Thence along a tangent curve to the right having a radius of 272.50 feet, through a central angle of 118001'30", for an arc length of 561.33 feet; Thence South 11 025'00" East, 82.59 feet to the northerly line of said portion described in said Deed from Winchester Drive-In Theatre, Inc.; Thence along said northerly line, along a curve to the right from which the center bears South 31025'16" West, having a radius of 45.00 feet, through a central angle of 57044'40", for an arc length of 45.35 feet to the south line of said North 10 acres; Thence along said south line, South 89050'00" East; 20.00 feet to the easterly line of that 22.793 acre parcel shown on that Record of Survey recorded September 12, 1966 in Book 214 of Maps at page 18, Santa Clara County Records; Thence along said easterly line the following four courses: (1) North 00023 '14" West, 362.48 feet; (2) Thence South 89056'36" East, 3.54 feet; (3) Thence North 06021 '02" East, 725.29 feet; (4) Thence North 07021 '02" East, 221.63 feet to the northerly line of said 22.793 acre 2332LD TG. 009 / 1570 Oaldand Road, Suile200. P.O. 8ox611510. San Jose, CA95161-1510. Tel: (408)487-2200. Fax: (408)487-2222 December 11, 1998 HMH 2332-02-31 Page 2 of 2 pages parcel; Thence North 89050'16" West, 224.66 feet to the southeasterly line of the parcel of land granted in the Deed from Ellen Scorsur to the State of California, for freeway purposes, recorded June 29, 1956 in Book 3537 of Official Records at page 478, Santa Clara County Records; Thence along said southeasterly line, the following two courses: (1) South 46020'20" West, 582.46 feet to the beginning of a non-tangent curve to the leh, from which the center bears South 43039'38" East; (2) Thence along said curve, having a radius of 3000.00 feet, through a central angle of 21014'57", for an arc length of 1112.60 feet to the south line of said North 1 0 acres; Thence South 69050'00" East, 352.32 feet to the True Point of Beginning. . . ~:'=~ - '''0 ;. ,:;''If' ';'". \.-""'" $1.... ~ .... ~/::(" --:::- -,-, f'!' -''''. -,' -" ,if .:::'.J ......, . ':I .!..[,... \". ~ ',' t:-rc.J::'~ IJ \~, n~.; ....., 0_' .... ~ 0"\ ,., ,~ ,.-"...,-".. 'LL ;) > iJ -.? rA::. I'-"=i "'''' ... ri i -tr \ E..--p, O~3C-i)1 j -::: I u _~.. No ~ ,/ _ ,; o u;>- '- ..W, ~ /,.;~:' ~ ~I?:-~' ,.[:..~'.$ , at: C'\ 'f.\':J~i" r ~~" I tJ ~~~ Said property is gernerally shown in the attached Exhibit "A-2" 2332LDTG.OOS . btCO/ <-:J'b ~ V'.~ .r"t,.,C C ~~ C:,~ ^J~ / ~~ " <:9.. . / .z~ .. ..>"v~y ,/ '. , --!/ ft:?6/ 00 {lh) 31 ~-'l i / ~~ / ~~C. L ~~~ <-:JC 5" 025'OO"E __ ___~~~~_____~__ 8/~'_ S89050'OO"E / / N89050'OO"W 688 8" ::--. / / . ~ 352.32' 1 ~I P.D.C. '7!o~ 1 ~/, i0' 1 ....,/, 4:; ,r!V 1 8"1 c;-<<: 0' ~~ I' <v 10'/;;;:' / ff~~ / i'~ / / / / / 1 '00 I I GRAPHIC SCALE 1 INCH = 200 Fl. o .00 I 0010:: Sc=ic oeo-.ec:: ~ TC 0I1Cl<ed: 0 T ...., EMo; Ooq IW>oc N8goS0"6"W 224.66' :lJ.J C\J. Of") . to ;:j-= OC\J "C\J o Z 10, C\J ItO /; 1f'J to I~ --~ ~'\ i 8001_'JO~ t> L =567 /;>... .J '~_' . .J'~">:\ -2 .U' o. S89056'36"E 3.54' I I NOo023" 4"W 362.48' S8goS0'OO"E '-.: 20.00' 6=57044'40" R=4S.00' l=4S.3S' HMH. Incorporated Civil EngimeTS . Pla:n1U!rs . SUTlJeyors 1570 OAXLAHO ROAD. SUITE 200 P.o. BOX 1511510 SAH.lOSt. CAIJ1'ORNIA 95161-1510 (<408) 487-2200 rAX: (<408) "'87-2222 Submit ted by. PLAT TO ACCOMPANY DESCRIPTION I EXHIBIT "A-2" 9TY OF CAMPBELL CALIFORNIA IMI\ 1 1, ! HMH, I.. '~'Jrporated .. ' . f .I CMI E.'1gineets. ,1ners' s~ ~J:J~"'; , James T. Harper 'MIIiam J. Wagner, R.C,E. November 5, 1 998 HMH 2332-02-31 Page 1 of 1 pages EXHIBIT IA-3" OVER LANDS OF WTA- CAMPBELL TECHNOLOGY PARK Real property situate in the City of Campbell, County of Santa Clara, State of California, being a pOr1ion of Sec.ion 35, Township 7 South, Range 1 Wes., M.D.S. & M, described as follows: BEGINNING at a ;:Joint in the northwesterly line of McGlincey Lane, as said line was established by Deed to the City of Campbell recorded July 29, 1964 in Book 6600 of Official Records .at-page 557! Santa Clara County Records, at the point of intersection of said nor.:hwesteriy rlne with the quarter section line running north and south 'through the center of said Sec:ion 35; Thence, from said POINT OF BEGINNING, along the northwesterly line of McGlincey Lane, North 56055' 00" East, 133.43 feet to a point in the southwesterly line of that certain parcel of land desc:-ibed in the Deed from Steve Laptalo, et aI, to aden Snowden, et ux, dated July 25, 1952, recorded September 18, 1952 in Soak 2490 of Official Records, at page 105, Santa Clara County Records; Thence along said southwesterly line, North 33005 '00" West, 125.00 feet to the most westerly corner thereof; Thence parallel with said line of McGlincey Lane, South 56055'00" West, 53.19 feet to said quarter section line; Thence along said line, South 00023'14" East, 148.54 feet to the POINT OF BEGINNING. Containing an area of 0.2678 acres, more or less. And, generally shown upon ExhibitA-4 attached hereto and made a part hereof. 2332LD TG. 005 t ;,.. 4::-7nf"\,.,;'/.,rvl 0",.".4 o::.~.. .,rY1. =' n !=In" ~11"1n. 0::"... I~ ("'~ ~1~1_1"1n . T<>I' f.df'ISJ.\A5<T_??fY1 . ~~ fAf\Q\ Ar17_"""'" . . LANDS OF PETERSEN I I I LANDS OE ZANARDI' I I I I I LANDS O~ MARRONE I I I w z If):J ,....., zO o~ ~u UW wU1 U1v "'- ..... kl'JDS OF WTA-CAMPBELL TECHNOLOGY PARK .0Q' .":;":; ~,,:;ro I I I I LANDS OF s.e.V.W.D. ~ I"") v 0>-....... I < co :=,., o - l.L. I"") o~ I I ~w N G ~ 0.2678 AC.:f: ;:Ci:~ I 0'" ~ N- APN 412\30-042 <(.. 571 McGLlNCEY LANE l"') ~ o o U1 / 'f,. / ./ ./ .,~ '00 .,,:;":; ~":Jro / / \J~~ ~. / ./ i / ..~c~ / Cf \.>\ / ~c o '5 30 ./' I' , / 1/ GRAPHIC SCALE 1 INCH = 30 FT. EXHIBIT "A-4" SHEET 1 OF 1 PLAT TO ACCOMPANY DESCRIPTION : I TO THE CITY OF CAMPBELL OVER LANDS OF wr A - CAMPBaL TECHNOLOGY PARK HMH. Incorporated Civil Engineers. Planners. SUT/JeyOTS 1570 OAl<l..AHO ROAD. SUITE 200 P.a. BOX 611510 SAN JOSE. CALJf'~ 95161-1510 (408) 487-2200 FAX:. (408) 487-2222 C::. ....._1..._.... ...." tONFORMElJ COpy Recording Requested By: ) ) ) ) ) ) ) ) ) ) Docu: 14840768 6/02/1999 3:37 PM City of Campbell And When Recorded Return to: City Clerk City of Campbell 70 North First Street Campbell, CA 95008 APN: 412-30-042, 412-30-043 and 412-29-007 (Space Above TIlis Line for Recorder's Use) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE CAMPBELL TECHNOLOGY PARK DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE CAMPBELL TECHNOLOGY PARK THIS DECLARATION is made on \-c::>>b -:l- ~ ,1999, by WTA CAMPBELL TECHNOLOGY PARK LLC, a California limited liability company (THE "Declarants"), as the owner of that certain real property situated in the City of Campbell, County of Santa Clara, State of California described in Exhibit "A" (Parcel Map) hereto, which exhibit is by this reference incorporated herein as if fully set forth herein, to be effective as of the date it is recorded in Official Records of Santa Clara County. ARTICLE 1 ' GENERAL DEFINITIONS 1.1 General: Unless the context otherwise specifies or requires, the terms defined in this Article shall, for all purposes of this Declaration, have the meanings herein specified. 1.2 Approving Agent: The term "Approving Agent" shall mean WTA CAMPBELL TECHNOLOGY PARK, LLC, a California Limited Liability Company, until such time as it ceases to be Approving Agent in accordance with Article 6 below. Thereafter, the "Approving Agent" shall be the person or entity, if any. then serving in that capacity pursuant to the provisions of said Article 6. 1.3 Architect: The term "Architect" shall mean a person holding a certificate to practice architecture in the State of California under authority of the Business and Professions Code of the State of California. 1.4 Campbell Technology Park: The term "Campbell Technology Park" shall mean all of the real property subject to this Declaration. 1.5 Building Area: The term "Building Area" shall mean any portion of any Lot which is covered by a building or structure, including covered walkways, tank farms, covered loading areas, covered entrances and the like, but shall exclude roof overhangs, architectural projections, decks, trash enclosures and the like. Building Area shall be measured from the outside surface of the outermost exterior walls, projected vertically down to ground level. - 1 - - . . t 1.6 City: The term UCity" shall mean the City of Campbell, in the County of Santa Clara, State of California. 1.7 Common Use Area. All such areas as indicated on Exhibit ~Al" located within Campbell Technology Park which are intended for use by all owners of Campbell Technology Park including, but not limited to, ingress/egress driveways for reciprocal access between lots, landscaped recreational par course zone, sports courts, Campbell Technology project sign and landscape areas, walkways and public City dedicated landscaping along the main access street. See Article 2, Section 2.4. 1.8 Declaration: The term uDeclaration" shall mean this Declaration of Covenants, Conditions and Restrictions, as amended or supplemented from time to time. 1.9 Deed of Trust: The term UDeed of Trust" or uTrust Deed" shall mean a mortgage as well as a deed of trust. 1.10 Front: The term ufront" shall mean, with respect to any building or structure, ..any wall facing a street, main drive access or having the main building' entrance. 1.11 Improvements: The term uImprovements" shall include, without limitation, all improvements, structures, buildings, outbuildings, storage and refuse areas, sheds and tank farmsj fences, screening walls and entrywaysj utility distribution facilities, drainage systems, exterior equipment and piping, and exterior ductworkj signsj exterior stairwaysj parking lots, driveways, walkways. and other pavementj and landscaping. 1.12 Landscaping: The term ulandscaped or landscaping" shall include without limitation all areas improved with plants, shrubs, ground cover, lawns, trees and other decorative materials (ie. rock, brick, bark, etc.), including the irrigation systems, site furniture and accessories and paved walkways, sidewalks, patios, fountains and plazas. 1.13 Lot: The term ULot" shall mean any portion of the Campbell Technology Park which is a legally described lot or parcel or is designated as a lot or parcel on any Recorded parcel or subdivision map affecting any of the land within the Campbell Technology Park. The term ULot" shall not include any portion of a street. 1.14 Mortgages: The Term uMortgages" shall mean a beneficiary under or a holder of a Deed of Trust as well as a mortgagee under a mortgage. 1.15 Owner: The term UOwner" shall mean and refer to any person or entity owning a fee simple estate in any Lot or any portion thereof, except a person or entity who holds such interest as security for the - 2 - 1 . payment of an obligation (unless such security holder is in actual possession of said Lot) . 1.16 Paved Area: The term "Paved Area" shall mean any portion,of a Lot which is paved or covered with pavement (such as asphalt, concrete or other paving material), including parking areas, truck docks, driveways, curbs and the like. 1.17 Rear: The term "rear" shall mean, with respect to any building or structure, the side opposite from the front and the term "rear property line" shall refer to the property line of a Lot running most nearly opposite from and parallel to the rear of the building(s) located thereon. However, a corner Lot (i.e., with frontage along two streets), and any building or structure located on a corner Lot, shall be deemed to have two "fronts" and two "sides, but not to have any "rear". 1.18 Record: The term "Record" (and any variation thereof such as "Recorded"'pr, "Recorda~ion") shall refer to recordation in the Official Records of Santa Clara.,County, State of California. 1.19 Side: The term "side" shall mean, with respect to any building or structure, any wall which is not a "front" or a "rear". 1.20 Sign: The term "sign" shall mean any structure, sign, device, contrivance, poster, banner or the like fastened or affixed to the ground or an Improvement, electric or non-electric, and all parts thereof, which is (i) visible from neighboring property (including if located within a building but visible through a window) and (ii) erected or used for advertising, dissemination of information, and/or identification purposes or upon or within which any poster, printing, lettering, painting, or other advertising, information, identification of any kind may be fastened or affixed. 1.21 Streets: The term "street(s)" shall mean any publicly dedicated street, or other publicly dedicated thoroughfare within or adjacent to the Campbell Technology Park and shown on any Recorded subdivision or parcel map, or record of survey, whether designated thereon as a publicly dedicated street, boulevard, place, drive, road, terrace, way, lane, circle or court. 1.22 Visible From Neighboring Property: The term "visible from neighboring property" shall mean, with respect to any given object located on a Lot, that such object is or would be visible to a person six (6) feet tall having 20/20 vision and standing on any part of a neighboring property at an elevation no higher than the elevation of the base of the object being viewed. For the purposes of this paragraph, the term "neighboring property" shall include, with respect to any Lot, any - 3 - , . j .. r abutting street, any abutting Lot, and any Lot separated from said Lot merely by a street. ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION 2.1 General Declaration Creating the Mutual Restrictions: Declarants hereby declare that all of the real property located in the City of Campbell, County of Santa Clara, State of California and described in Exhibit "A" (the "Campbell Technology Park") is and shall be held, conveyed, sold, hypothecated, encumbered, leased, rented, used, subdivided, occupied, built upon, or otherwise used, improved or transferred, in whole or in part, subject to this Declaration and that this Declaration, and all the covenants, conditions, restrictions and agreements herein contained, are declared, established and agreed to be for the pu~pose of en~ancing and protectipg the value and attractiveness of said real property and are in furtherance of a general plan for the subdivision, improvement and sale of said real property, for the direct, mutual and reciprocal benefit of each and every Lot contained within the Campbell Technology Park. This Declaration, and all of the covenants, conditions and restrictions herein contained, are and shall be (i) mutual equitable servitudes burdening each Lot for the benefit of all other Lots within the Campbell Technology Park and (iil "covenants running with the land", the burdens of which shall be binding upon each Lot, and the successive Owners of said Lot and each lessee, licensee, occupant or user of said Lot, for the direct benefit of each other Lot and the successive Owners of each other Lot. 2.2 Additional Land: At any time while the Declarants (or any of them) own twenty percent (20%) or more of the area within the Campbell Technology Park (excluding streets), they (or any of them) may add to the Campbell Technology Park all or any portion of any land which they or their principals own or have a direct or indirect interest in which is contiguous to the perimeter of the Campbell Technology Park. Land separated from the Campbell Technology park merely by a street shall be considered "contiguous" thereto. Such addition to Campbell Technology Park shall be accomplished by Recording a Notice of Addition of Land, which contains at least the provisions specified in paragraph 2.3. Thereupon, all of the provisions of this Declaration shall apply to such land, and such land, and such land shall be included in the Campbell Technology Park for all the purposes of this Declaration, in the same manner and to the same extent as if it were originally covered - 4 - . .' by this Declaration, and such added real property shall be included in the definition of "Campbell Technology Park" for all purposes hereunder. Thereafter, the rights, powers and responsibilities of the Owners and occupants of Lots within such added real property shall be the same as those of the Owners and occupants of Lots within the real property described in Exhibit "A". 2.3 Notice of Addition of Land. The Notice of Addition of Land referred to in paragraph 2.2 shall contain at least the following provisions: A. A reference to this Declaration, stating the date and instrument number of its Recording and the reel and image(s) or book and page(s) at which it was Recorded; B. A legal description of such added real property; C. A statement that all of the provisions of this Declaratio~ shall apply to such added real property and that such added real property" is part of the Campbell Technology Park; and D. Such other or different covenants, conditions and restrictions as the owner(s) of such real property shall, in their discretion, specify to regulate and control the use, occupancy and improvement of such added real property, if any. 2.4 Maintenance and Use of Common Areas. Each Owner shall permit reciprocal use of approved Common Areas with all Owners of Campbell Technology Park, except that specific planned recreational activities must be approved with the lots Owner and Approving Agent twenty-four (24) hours prior to use. The Owner or Approving Agent may conditionally approve requests for such use. However, the Owner or Approving Agent will have no obligation to approve such a request if, in the judgment of the Approval Agent, the activity in whole or in part is inappropriate or would negatively impact the Owners ability to conduct normal business. Additionally, the Owner may restrict access of the recreational Common Areas ,with the approval of the Approving Agents, so as to provide specific times for their exclusive use, but may not entirely restrict, in whole or in part, all reasonable use of the area. Maintenance of the approved Common Areas shall be the sole responsibility of the Owner, except as indicated below in the following list of approved Cornmon Areas: A. Private Driveway Easement: Includes all driveway easements on record within Campbell Technology Park. These easements provide for reciprocal access for trucking and other vehicles on paved areas. The maintenance of these areas (limited to asphalt paving, sub- base and adjacent concrete curbs) will be shared between all Owners - 5 - f I I . . based on a pro-rata share as a percentage of the total Building area of each lot. B. Sports courts / Half-court Basketball and Plazas: Paved painted and equipped sports court areas and landscaped plazas are intended for shared use and maintenance as follows: (1) Lots 1&2 (Buildings A&B) shall share, fifty percent (50%) each, the use control and maintenance of the common court area located upon each of their lots, except as provided in paragraph 2.4, including the approximately sixty foot wide landscaped plaza area located between the two buildings. Any disputes regarding use and control of this area shall be determined by the Approving Agent. (2) Lot 3 (Building C) shall have sole control for the use, except as provided in paragraph 2.4, and sole maintenance of the plaza and sport court area located on that lot. (3) Lot 4 (Building D) shall have sole control for the use, except as provided in paragraph 2,4, and sole maintenance of the plaza and sport court area located on that lot. C. Landscaped Par Course and picnic Area: The Landscaped area which is adjacent to the eastern property line (approximately 15-50 feet wide and 1,200 feet long starting from the public street and extending to the emergency access driveway at Paseo De Palomas) shall be a common access area to all owners of Campbell technology Park. The maintenance of this area (landscaping, walkways, par course stations, picnic tables and benches) will be shared between all Owners based on a pro-rata share as a percentage of the total Building area of each lot. D. Campbell Technology Park Project Monument and Directional Signs: Monument signs which designate Campbell Technology Park and common access service vehicle directional signs are to be considered as common property for all owners and shall included any lighting and landscaping which directly accents these signs. These signs may be on dedicated public property, as approved by the City of Campbell, or on Campbell Technology Park private property. Maintenance for these signs will be split equally between the owners of all parcels within the Campbell Technology Park. Monument signs for individual businesses shall be the sole responsibility of each owner. See section 3.4 for additional sign requirements and restrictions. E. Public Dedicated Landscaping: All landscaping which lies within the public right of way or other designated lands with have been dedicated to the City Of Campbell as a part of the initial projects construction shall be maintained by Campbell Technology Park, as per the - 6 - approved maintenance agreement with the City Of Campbell. Maintenance for these public landscape areas shall be shared between all Owners based on a pro-rata share as a percentage of the total Building area of each lot. ARTICLE 3 APPROVAL OF PLANS FOR IMPROVEMENTS 3.1 Requirements of Plan Approval: Declarants desire that harmony and compatibility of architectural and landscape design and layout be maintained throughout Campbell Technology Park. In order to achieve this purpose, no Improvement shall be erected, placed, constructed, removed, substantially remodeled, rebuilt or reconstructed on any Lot except in accordance with Final Plans therefor, first approved in writing by the Approving Agent in accordance with this Article 3. With respect to any Lot, Plans submitted to the Approving Agent for such approval by any person or entity (including any lessee, civil engineer or Architect) .other than '?-n Owner shall include therewith the written request by the Owner of such Lot for approval. The Approving Agent shall have no obligation to accept, review, or approve Preliminary Plans, Final Plans, or sign plans which do not have any such Owner's written request for approval or for which the appropriate plan review fee (set forth in paragraph 3.8 below) has not been paid. 3.2 Preliminary Plans: Any Owner, lessee or other occupant of a Lot desiring to construct any Improvement thereon, or his authorized agent, (the "Applicant") shall first submit, in duplicate, preliminary plans and specifications for the proposed Improvements (the "Preliminary Plans") to the Approving Agent for its approval. All Preliminary Plans must be prepared by an Architect (unless the Approving Agent otherwise agrees), must be in such form and contain such information as may be required from time to time by the Approving Agent as a condition to its review, and must include at least the following: A. Such information as is then required by the City for site approval; B. A site development plan showing all easements of record, all setback lines, and the location of all proposed Improvements, including structures, buildings, driveways, parking areas, loading areas, walkways, landscaped areas, storage and refuse areas, fences, and walls; C. A building layout for each building, showing all entryways, truck doors, loading docks, exterior doors and stairways, balconies and walkways; D. A landscaping plan showing the location, type and size of planting material; - 7 - . . E. A sign and exterior lighting plan generally showing location, size, type and design; F. A building elevation plan for each building or structure showing dimensions, materials and exterior color schemes (including color samples); G. A preliminary grading and drainage plan in form and content sufficient for the Approving Agent to determine the general drainage system proposed for the Lot and the effects such system will have on the overall drainage system for the Campbell Technology Park; H. A screening plan depicting the screening of all items required to be screened hereby or by the Approving Agent and showing the proposed location, dimension, materials and exterior color scheme (including color samples) for all such screening; I. A site development summary setting forth the following: the gross area of the Lot both in acres (to the nearest l/lOOOth) and in square feet; the Build1ng Area in square feet; the percentage of Building Area to Lot area; the number of stories and the gross area in square feet of each floor within all buildings on said Lot; the Paved Area in square feet (together with the percentage of Paved Area devoted to parking, driveway and storage uses, respectively); the percentage of Paved Area to Lot area; the total number of full-size, compact and handicapped parking spaces provided; the number of square feet of total floor space in all buildings on the Lot per parking space; the gross landscape area in square feet; the percentage of landscape area to Lot area; J. A statement of the proposed use of the Lot and structures described in said Preliminary Plans; and K. A certificate by the Architect or other preparer of such Plans certifying than he has read and understands the provisions of this Declaration, and that the Preliminary Plans comply therewith. 3.3 Approval of Preliminary Plans: With respect to Preliminary Plans properly submitted for approval: A. Approval of Preliminary Plans will be based, in general, on whether the proposed Improvements are aesthetically pleasing and compatible with other contemplated, proposed or present Improvements within Campbell Technology Park. The Approving Agent may take into account, among other things, adequacy of site dimensions, conformity and harmony of external design with other contemplated, proposed or present Improvements within Campbell Technology Park, effect of location and use of the proposed Improvements on nearby Lots, quality and/or appearance of proposed construction methods and/or materials (with consideration being given to how and to what extent the proposed Improvements will - 8 - , . deteriorate with age), and any other factor relating to the impact of the proposed Improvements on other Lots and/or the aesthetics of the proposed Improvements (both by itself and in relation to other contemplated, proposed or present Improvements within Campbell Technology Park). The approving Agent shall have not duty or responsibility to review any Preliminary Plans to determine, evaluate or review (i) the structural safety or integrity of proposed Improvements, (ii) the suitability or adequacy of the proposed design or layout for any use or purpose, (iii) compliance with the provisions of Article 4 and/or Article 5 hereof, and/or (iv) compliance with governmental regulations governing the construction or use of the proposed improvements, all of said items being the sole responsibility of the Owner. Similarly, the Approving Agent shall not be concerned with interior design of proposed Improvements, except to the extent the interior design affects exterior appearance, traffic pa~terns, (bot? pedestrian and au~omobile), usage of parking, and the like. However, without limiting the generality of the forego,ing, the Approving Agent may disapprove any Preliminary Plans on any reasonable ground, including, but not limited to, any of the following: (1) Failure to comply with any of the provisions of this Article 3; (2) Failure to include any item or information in such plans and specifications which is expressly required hereby or is reasonably requested by the Approving Agent; (3) Unless the Approving Agent has otherwise previously agreed, failure to have such plans and specifications prepared by an Architect in the form required hereby; (4) Inadequacy of the proposed number of onsite parking spaces considering the contemplated use or future possible use of the Improvements proposed; (5) Objection to the location of any Improvement, including objection based on the proposed location in relation to other Lots and/or other Improvements (contemplated, proposed, or present) within the Campbell Technology Park (6) Objection to the proposed grading plan and/or drainage system; (7) Objection to the exterior design, appearance, construction materials, color scheme, finish, proportions, style or architecture, height, bulk and/or appropriateness of any Improvement, including objection based on incompatibility, inappropriateness, or lack of harmony in relation to other Improvements (contemplated, proposed, or present) with the Campbell Technology Park; - 9 - '/ , I (8) Objection to the proposed landscaping plan and/or landscaping materials, including objection based on incompatibility, inappropriateness, or lack of harmony in relation to. other landscaping plans and/or landscaping materials contemplated, proposed, or present within the Campbell Technology Park; (9) Failure to comply with any of the limitations set forth in Article 4 below, unless a variance has been granted in accordance with paragraph 4.16; and/or (10) Objection based on any other reason or matter which, in the judgment of the Approving Agent, would render the proposed Improvement(s), in whole or in part, incompatible with, inappropriate to, or inharmonious with the general plan for improvement of Campbell Technology Park or any other Improvements (contemplated, proposed, or present within the Campbell Technology Park) . B. The Approving Agent may, from time to time, enact (or '. , amend existing) additional criteria for landscape approval, setting forth any requirements the Approving Agent may deem desirable regarding landscaping, such as specifying which portions of landscaped areas must be planted in sod lawns; which types of plantings are permitted in nonlawn areas; which types of plantings are prohibited; any requirements governing placement of irrigation systems, trees, raised planter boxes, and the like; and/or any other matter concerning landscaping. The existence of any such criteria shall not limit the right of the Approving Agent to disapprove any landscape plans or specifications submitted for review, even if such plans or specifications conform to such criteria. C. The Approving Agent may conditionally approve Preliminary Plans submitted for review. In such event, the Preliminary Plans will be deemed approved. However, the Approving Agent will have no obligation to approve corresponding "Final Plans" (below defined) until each condition imposed in the Preliminary Plan Approval is either satisfied or waived in writing by the Approving Agent. D. Any Preliminary Plan Approval granted shall be valid and effective for a period of twelve (12) months only (the "Preliminary Plan Approval Period"). If the Applicant has not submitted corresponding Final Plans to the Approving Agent within said twelve (12) month period, then the Preliminary Plan Approval shall be deemed revoked unless the Approving Agent, upon request made by the Applicant in writing prior to the expiration of said twelve (12) month period, extends in writing the time for submitting Final Plans. Such extensions shall not be unreasonably withheld; provided, however, the Approving Agent shall not - 10 - be obligated to grant extension(s) exceeding thirty-six (36) months in the aggregate. 3.4 Final Plans: Following approval or conditional approval of Preliminary Plans and prior to the expiration of the Preliminary Plan Approval Period, the Applicant may submit, in duplicate, final plans and specifications for the proposed Improvements (the "Final Plans") to the Approving Agent for its approval. All Final Plans must be prepared by an Architect and be in such form and contain such information as may from time to time be required by the Approving Agent as a condition to its review and must include such information as is then required by the City (or its successor jurisdiction) for the issuance of a building permit. 3.5 Approval of Final Plans: With respect to Final Plans properly submitted for approval: A. Approval of the Final Plans will be based on whether they conform to their ~orresponding approved or conditionally approved Preliminary Plans and, if the Preliminary Plans have been conditionally approved, whether all conditions to Preliminary Plan Approval have been satisfied or waived. The Approving Agent shall be under no obligation to approve Final Plans, even if they strictly conform to their corresponding approved Preliminary Plans. The Approving Agent may also disapprove any Final Plans on any of the following grounds: (1) Failure to comply with any of the provisions of this Article 3; (2) Failure to include any item or information in such plans and specifications which is expressly required hereby or is reasonably requested by the Approving Agent; and/or (3) If the Final Plans disclose any items not included in the approved Preliminary Plans and such items would not have been approved had they been then disclosed in the Preliminary Plans. B. Any Final Plan Approval granted shall be valid and effective for a period of twelve (12) months only (the ~Final Plan Approval Period"). If the Applicant has not commenced construction of Improvements in accordance with the Final Plans so approved within said twelve (12) month period, then the Final Plan Approval shall be deemed revoked unless the Approving Agent, upon request made by the applicant in writing prior to the expiration of said twelve (12) month period, extends in writing the time for commencing construction. Such extensions shall not be unreasonably withheld; provided, however, the Approving Agent shall not be obligated to grant extension(s) exceeding thirty-six (36) months in the aggregate. - 11 - 3.6 Changes to Appearance of Existing Improvements: Once constructed, the appearance of an Improvement, including its exterior surface or landscaping, shall not be altered or changed, in color or, otherwise, without first obtaining the Approving Agent's written approval. Plans for such alterations or changes shall be submitted to the Approving Agent first in preliminary form (for review and approval in accordance with paragraph 3.3) and then in final form (for review and approval in accordance with paragraph 3.5), unless otherwise agreed in writing by the Approving Agent. 3.7 Signs: No sign shall be erected, placed, constructed, removed, substantially remodeled, rebuilt or reconstructed on any Lot except in accordance with plans therefor, first approved in writing by the Approving Agent. Permanent business identification signs will be reviewed by the Approving Agent on a sign by sign basis, since it is the intent of ~he Approving Agent that permanent business identification signs reflect" individuality and compatibility with the architecture of the structures on such Lot. Sign plans submitted for approval must show the type (e.g., monument sign), layout, dimensions, location, construction materials and method of construction (including color samples), and proposed method of lighting (if any) of the proposed sign and such additional information as the Approving Agent may reasonably request. Unless a variance has been granted pursuant to paragraph 4.16, all signs must conform to any sign criteria, enacted pursuant to paragraph 4.15, in effect at the time sign approval is granted. However, the existence of such sign criteria shall not limit the right of the Approving Agent to disapprove any sign plans submitted for review, even if such plans conform to such criteria. The owner of a sign shall comply with all the requirements of any governmental body or entity claiming jurisdiction over said sign, at the owners expense. 3.8 Plan Review Fees: Plan review fees shall be paid to the Approving Agent as follows: A. For each Lot, concurrently with each submission of Preliminary Plans or revised Preliminary Plans for review and approval, the Applicant shall pay a review fee equal to: (1) Two Hundred Fifty Dollars ($250.00) when the plans submitted are prepared by an Architect (or such increased amount as the Approving Agent may reasonably charge, provided such increased fee is uniformly applied); and (2) Five Hundred Dollars ($500.00) in all other cases (or such increased amount as the Approving Agent may reasonably charge, provided such increased fee is uniformly applied) . - 12 - (B) For each Lot, concurrently with each submission of Final Plans, the Applicant shall pay a review fee equal to Five Hundred Dollars ($500.00) (or such increased amount as the Approving Agent may reasonably charge, provided such increased fee is uniformly applied) . (C) For each Lot, concurrently with each submission of sign plans for approval pursuant to paragraph 3.7, if such sign plans are submitted separately from Preliminary Plans or Final Plans for the Lot on which the proposed sign is to be located, the Applicant shall pay a review fee equal to Fifty Dollars ($50.00) (or such increased amount as the Approving Agent may reasonably charge, provided such increased fee is uniformly applied) . 3.9 Result of Inaction: If the Approving Agent fails either to approve, conditionally approve, or disapprove any given set of proposed Preliminary Plans, proposed Final Plans, or proposed sign plans within thirty (30') days after the same has been properly submitted to it for review hereunder (i.e.., prepared by an Architect in the required form, with all required information, and with all applicable plan review fees paid in full), then it shall be conclusively presumed that the Approving Agent has approved said set of plans; provided, however, that if within said thirty (30) day period, the Approving Agent notifies the Applicant in writing that more time is required for review of such plans, then said thirty (30) day period shall be extended for up to thirty (30) days, as set forth in said notice. The date of submission for the purposes of this paragraph shall be the date of submission of the plans in question or the date of payment of the applicable review fee required by paragraph 3.8, whichever is later. 3.10 Owner Covenants: Each Owner covenants and agrees that: A. It will not erect, place, construct, remove, substantially remodel, rebuild, or reconstruct any Improvement on any Lot(s) until Final Plans therefor have been approved by the Approving Agent in accordance herewith and until all required governmental licenses, permits and approvals have been obtained. B. It will not erect, place, construct, remove, substantially remodel, rebuild, or reconstruct any sign until plans therefor have been approved by the Approving Agent in accordance herewith and until all required governmental licenses, permits and approvals have been obtained. C. All Improvements constructed, installed and located on its Lot(s) shall be constructed, installed and located only in accordance with Final Plans therefor approved by the Approving Agent in accordance with the provisions of this Article 3. - 13 - D. All signs constructed, installed and located on its Lot shall be constructed, installed and located only in accordance with the sign plans therefor approved by the Approving Agent in accordance with the provisions of this Article 3. E. Failure to comply with the covenants contained in this paragraph 3.10 shall constitute a breach of this Declaration and subject the defaulting party or parties to all the remedies or enforcement procedures available hereunder or at law or in equity. 3.11 Statements of Approved Plans: Upon the written request of any Owner of a Lot, the Approving Agent will supply to such Owner a Statement of Approved Plans, describing in reasonable detail any Final Plans and/or sign plans approved for such Lot and setting forth the then expiration date of the Final Plan Approval Period for such Plans. Except as above set forth and as set forth in paragraph 7.9, in no event or circumstance will the Approving Agent be obligated in any way to make or give any statement or certification (oral or written) regarding compliance with this Article 3 or any other provision of this Declaration. 3.12 No Approving Agent: If there is no Approving Agent then serving, then any approval of plans and specifications given by a governmental authority having power of approval over the same shall be deemed to have also been given by an Approving Agent in accordance with this Article 3. 3.13 Limitation or Liability: None of the Declarants, nor the Approving Agent, shall be liable to any Applicant, Owner, lessee, licensee or occupant of any Lot for any damage, loss, claim, liability or prejudice suffered, claimed or incurred on account of, resulting from, or in any way connected with: A. The approval or disapproval of any plans and/or specifications, whether or not defective; B. The design of, the manner of construction of, or the building materials used in the construction of any Improvement, whether or not constructed pursuant to or in accordance with approved plans and specifications; C. The use to which any Improvements are put; or D. The appearance of, or the effect on other Lots of, any Improvement, whether or not constructed pursuant to or in accordance with approved plans and specifications. ARTICLE 4 - 14 - , RESTRICTIONS ON CONSTRUCTION OF IMPROVEMENTS 4.1 General: The restrictions imposed by this Article 4 shall apply, whether or not there is an Approving Agent serving. Local planning and building code requirements may apply if more restrictive than described below. It is the Owner's responsibility to confirm city and other, state and local restrictions. 4.2 Utility Lines: All on-site utility and other transmission lines (including lines for oxygen, argon, nitrogen and/or other gases) shall be placed underground. 4.3 Coverage: The Building Area of any Lot shall not exceed 50% of the total square foot area of such Lot. 4.4 Location of Buildings or Structures: No building or structure (including roof overhangs, decks, trash enclosures, and the like) shall be located closer than: A. Twelve (12) feet, at its nearest point (measured horizontally); from a property line fronting any street (projected vertically to the same elevation); B. Ten (10) feet at its nearest point (measured horizontally) from any property line not fronting on any street (projected vertically to the same elevation) . C. Sixty (60) feet clearance for any covered or enclosed floor areas between Building A & B. See non-buildable easement on Exhibit A. An building or addition to an existing building closer than sixty (60) feet to a property line shall comply with Building Code (UBC) allowable area restrictions. 4.5 Location of Paved Areas: Except as provided in paragraph 4.6, no Paved Area shall be located closer than: A. Fifteen (15) feet, at its nearest point, from a property line fronting on a street; B. Eight (8) feet at its nearest point, from a property line not fronting on a street; C. Eight (8) feet plus the amount of any roof overhang, at its nearest point, from the front of any building or structure; or D. Five (5) feet plus the amount of any roof overhang, at its nearest point, from the side of any building or structure. 4.6 Exception to Paragraph 4.5: The provisions of paragraph 4.5 notwithstanding, Paved Areas may be located in the following areas for the following purposes: A. Standard-width driveways for ingress to and/or egress from a street may be located in the area described by paragraph 4.5A (but not the portion thereof described by paragraph 4.5A (but not the portion - 15 - I thereof described by paragraph 4.SB), if placed substantially at right angles to such street; and/or B. One standard-width walkway for ingress to and/or egress from a street may be located in the area described by paragraph 4.SA (but not the portion thereof described by paragraph 4.SB), if placed substantially at right angles to such street; and/or c. Standard-width common driveways for mutual use by adjoining Lots for ingress to and/or egress from a street may be located in the area described by paragraph 4.SB (including the portion thereof described by paragraph 4.SA), if placed so as to be equally on each Lot benefited; and/or D. Standard-width driveways across property lines for purposes of connecting adjacent Lots may be located in the area described by paragraph 4.SB (but not the portions thereof described by paragraphs 4.SA); and!?r. E: Driveways or walkways for ingress to and/or egress from buildings or structures may be located in any of the areas described in paragraphs 4.5C and 4.5D, if placed adjacent and substantially at right angles to the entrance served thereby. 4.7 Landscaped Areas: With respect to each Lot (except for vacant or undeveloped Lots, see paragraph S.BE) all areas, except those actually covered by buildings, structures or pavement, must be landscaped. In addition, any Paved Area used for parking must contain landscaping, in the form of planter boxes, islands, tree wells, or the like evenly disbursed throughout such area. In no event shall the total landscaped area of any Lot be less than lS%. If parking areas are located between the front of a building and a street or between a building, then landscape screening (in the form of landscaped land contouring, mounds, or berms and/or plantings), broken only by driveways or walkways, must be located between the parking area and such street or easement so as to minimize the visual impact of vehicles parked in such areas on neighboring property. 4.B Loading Areas: Truck doors, loading docks, truck loading areas, or other similar facilities ("Loading Areas") shall be appropriately screened so as to minimize their visual impact on neighboring property or any property line. 4.9 Tank Farms: All tank farms must be located between the rear of a building and the rear property line (or, in the case of a corner Lot, the side) and must be fully enclosed by screening walls so that no part of the tank farm is visible from neighboring property. The screening walls (i) must be attached to a building or located immediately - 16 - adjacent thereto so as to give the appearance of being an integral part of said building; (ii) must be designed so as to be architecturally compatible with, and constructed using materials and a manner of construction similar in finish, appearance, and durability to those used in the construction of, said building; (iii) may not exceed in height, at their highest point, the height of the parapet wall of said building at the point nearest to the tank farm; and (iv) may not have a Building Area (measured from the exterior of said screening walls) in excess of five percent (5%) of the total Building Area of said building. 4.10 Refuse Collection Areas: All outdoor refuse collection areas must be located between the rear of a building and the rear property line (or, in the case of a corner Lot, the side) and separately enclosed, so as to create a trash enclosure. Recycling pick-up areas should be incorporated within the refuse areas whenever possible. Trash enclosures'.must be surrounded by a solid wall or fence and constructed using the same or similar materials and manner of construction as the building{s) served. Doors shall be self-closing. Trash enclosures may be, but need not be, attached to a building or structure 4.11 Exterior Wall Installations: No utility service panels, switch gear, drain pipes, ladders, utility transmission lines or pipes, valves, ducts, wires or cables or the like shall be attached to the exterior surface of any exterior wall, and all such items must be located within (or within the wall of, if appropriate) the building they service. Such items include, without limitation, rain gutters and downspouts; fire sprinkler risers; roof access ladders; electrical meters or panels, "hot gutters," or conduit; and heating, ventilation or air conditioning ducts. However, if such an item must be located on the outside of an exterior wall in order to comply with applicable law, then, to the minimum extent required to comply with law, such item may be located on the building exterior, but only if (i) such item is located as far as reasonably possible from any street and (ii) such item is inset into a wall alcove, painted to match the exterior building or screened, all so as to minimize its visual impact on neighboring property. 4.12 Rooftop Installations: All electrical, mechanical, air conditioning and other building rooftop installations shall be screened, so that they are not normally visible from neighboring property, in a manner architecturally compatible with the building on which they are located, using materials and a manner of construction similar in finish, appearance, and durability to such building. 4.13 Outdoor Utility Services: Electrical transformers, water or gas shut-off valves, and the like shall be located inside a building or - 17 - structure, unless required by law or the appropriate utility supplier to be located outside buildings and structures. All such facilities so required to be outside a building or structure shall be located in an, area, and screened in a manner, so as to minimize the visual impact of such facilities on neighboring property. 4.14 Metal Buildings: No metal-clad buildings, buildings or structures constructed with corrugated metal exterior walls, or so-called "Butler type" buildings shall be constructed within the Campbell Technology Park. However, this paragraph shall not prohibit (i) metal architectural elements of building walls if less than twenty-five percent (25%) of the total walls area or (ii) metal roofs. 4.15 Sign Criteria: All signs shall comply with the sign program as indicated on Exhibit B attached hereto. The Approving Agent may, from time to time, enact new (or amend existing) sign criteria, setting forth any requirements the Approving Agent may deem desirable regarding signs, ..~ . such as specifying permitted or prohibited, types, nature or purpose, sizes, shapes, colors, construction materials, and/or locations. Upon Recordation, said sign criteria shall have the same force and effect as if they were set forth in and were part of this Declaration. In addition, as to any Owner having actual knowledge of such sign criteria, such sign criteria shall have the same full force and effect, and may be enforced against such Owner, as if they were a part of this Declaration. However, the Recording of such sign criteria, or the amendment of existing sign criteria, will not affect any sign approval previously granted. 4.16 Transportation Demand Management: Each owner and each of their tenants shall participate in a Transportation Demand Management program with the cooperation and guidelines set forth by the City of Campbell. This program shall incorporate, but is not limited to the following: A. Provisions for bicycle parking facilities; B. Participation in shuttle, van, car pool services to public transit facilities such as light rail stations or park & ride lots. C. Accommodations for bus stop locations, if public bus service is provided to the property. D. provisions for on-site food service facilities or accommodations for delicatessen-type or restaurant tenant spaces. 4.17 Variance by Approving Agent: The Approving Agent shall have the exclusive right (but not the obligation) to grant variances or - 18 - waivers of all or any of the restrictions set forth in this Article 4. The Approving Agent may grant such waivers and variances as and to the extent it determines, in its absolute and uncontrolled discretion, then to be necessary or appropriate for the successful development of Campbell Technology Park. No variances or waivers may be granted if there is no Approving Agent then serving; however, variances and waivers previously granted shall be unaffected. Any variance or waiver granted hereunder must be in writing; must specifically set forth the variance or waiver granted; and must be signed, dated and Recorded by the Approving Agent. Any such variance or waiver shall be binding upon all the Owners upon its Recordation. In no event shall any Approving Agent have any liability whatsoever by reason of its granting or refusing or failing to grant any such variance or waiver. ARTICLE 5 RESTRICTIONS ON USE AND OCCUPANCY 5.1 General: The restrictions imposed by this Article 5 shall apply, whether or not there is an Approving Agent serving. 5.2 Permitted Uses: Unless otherwise specifically prohibited herein, or by applicable law, any business or industrial use will be permissible within Campbell Technology Park if it is performed or carried out entirely within a building that is so designed and constructed that the enclosed operations and uses do not cause or produce a nuisance to adjacent sites set forth in paragraph 5.6 such as. but not limited to vibration, sound, electro- mechanical disturbances and radiation, electro-magnetic disturbances, radiation, air or water pollution, dust, emission of odorous, toxic and non-toxic matter. Certain activities which cannot be carried on within a building may be permitted, provided the Approving Agent specifically consents to such activity in writing and further provided such activity is screened so as not to be visible from neighboring properties and streets, in conformity with this Declaration and all applicable laws and regulations. Permitted uses will include light manufacturing, storage, wholesaling, office uses, laboratory uses, professional uses and research and development. 5.3 Conditional Uses: Paragraph 5.2 notwithstanding, the following conditional uses will be a Upermitted use" hereunder only upon the review and approval of the specific use by all governmental agencies having jurisdiction over the same and also by the Approving Agent. The Approving Agent shall have the exclusive right (but not the obligation) to grant the approval of conditional uses required by this Article 5. - 19 - The Approving Agent may grant such approvals as and to the extent it determines, in its absolute and uncontrolled discretion, then to be necessary or appropriate for the successful development of Campbell Technology Park. No such conditional use approval may be granted if there is no Approving Agent then serving; however, approvals previously given shall be unaffected. Any approval granted hereunder must be in writing; must specifically set forth the approval given and the conditional use being approved; and must be signed, dated and Recorded by the Approving Agent. Any such approval by an Approving Agent shall be binding on all Owners upon its recordation. In no event shall any Approving Agent have any liability whatsoever by reason of its granting or refusing or failing to grant any such approval. Such conditional uses are the following: A. Ancillary commercial uses reasonably required for the convenience of the occupants of the Campbell Technology Park (including, but not limited to hotels; banks and/or savings and loan companies; fast food, delicatessen-type and/or sit-down restaurants; post offices; cleaners; and barber and/or beauty shops); B. Manufacture and testing of food products and pharmaceuticals; C. Transmitters, repeater stations and towers for transmission of radio, television, and/or microwave signals; D. Towers and relay stations for telephone and electric lines and/or transmission of electrical energy and telephone signals; E. Trade school. 5.4 Prohibited Uses: The following general types of operations and uses shall not, in any event, be permitted on any property subject to this Declaration (with this provision being liberally construed so as to not be limited to being a prohibition of certain precisely described uses, but rather a prohibition of categories of uses, inclusive of uses substantially similar or related to the specific uses listed below) : A. Residential; B. Trailer courts; C. Labor camps; D. Junk yards; E. Drilling for, mining of, and/or removal of rock, minerals, oil, gas or other hydrocarbon substances (except that this provision shall not be deemed to prohibit the entry of a subject property below a depth of five hundred [500] feet for such purposes); F. Commercial excavation of building or construction materials; - 20 - G. Distillation of bones; H. Dumping, disposal, incineration or reduction of garbage, sewage, offal, dead animals or refuse; I. Fat rendering; J. Stock yard or slaughter of animals; K. Refining of petroleum or its products; L. Smelting of iron, tin, zinc or other ores; M. Tanning of animal hides; N. Jailor honor farms; o. Flea markets; P. Trucking establishments; Q. Textile manufacture; R. Retail or wholesale sales operations which employ or conduct "parking lot" or other outdoor sales; s. Vet~rinary hospitals; T. Laundry, cleaning or dyeing plants; U. Automobile or truck dealerships; V. Reclamation of precious metals; W. Auctions; x. Fabrications of wood products. 5.5 Use of Paved Areas: Paved Areas (exclusive of enclosed storage areas) shall be used only for the daily parking and/or movement of motor vehicles in accordance with the purpose and design of such area, pedestrian walkways, and, where specifically designed for such purpose, the loading and unloading of trucks, vans and other delivery vehicles. In no event shall any Paved Area be used for the overnight or other storage of any vehicles, except that operable business vehicles owned by the occupant(s) of a Lot my be stored overnight (and over weekends and holidays) on the Paved Areas of such Lot, if parked between the rear of building and the rear of property line and parked so as to not be visible from any street. 5.6 NUISANCES: No nuisance shall be permitted to exist or operate upon any site and no obnoxious or offensive activity or use shall be carried on or permitted at any Lot, nor shall anything be done on any Lot which is or may be or become an annoyance or nuisance to the Owners or occupants of other Lots or which is or may be or become hazardous by reason of danger or increased risk of fire or explosion or any other hazard. A "nuisance" shall include but not be limited to any of the following conditions: A. Dirt, Dust, Smoke and Waste Discharge: No use of the property will be permitted which emits dust, sweepings, - 21 - ! dirt, smoke or cinders into the atmosphere, or discharges liquid, solid wastes or other harmful matter into any stream, river or other body of water which, in the opinion of the Approving Agent may adversely affect the health, safety, comfort of, or intended property use by persons within the area. Nor shall waste or any substance or materials of any kind be discharged into any public or private sewer or storm drain system serving the property, or any part thereof, in violation of any regulations of any public body having jurisdiction. B. Fumes, Gases, Odors, Etc.: No fumes, odors, gases, vapors, acids, or other substances shall be permitted to escape or be discharged into the atmosphere which, in the opinion of the Approving Agent may be detrimental to the health, safety or welfare of persons, or may interfere with the comfort of persons within the area, or which may be harmful to property or vegetation. c. Glare, Heat and Lighting: Any operation producing intense glare or heat shall be performed only within an enclosed or screened area and then only in such manner that the glare or heat emitted will not be discernible from any exterior lot line. All lighting is to be shielded from adjacent sites, except from parking or driveway areas. D. Noise: At no point outside of any property plane shall the sound pressure level of any machine, device, or any combination of same, from any individual plant or operation exceed the decibel levels in the designated preferred octave bands shown below: - 22 - I 31.5 63 125 250 500 1000 2000 4000 8000 MAXIMUM SOUND PRESSURE LEVELS (dB)AT BOUNDARY PLANE OF LOT 78 OCTAVE BAND CENTER FREQUENCY 72 65 59 55 52 50 48 47 A-scale levels for monitoring purposes are equivalent to 60 dB(A). The maximum permissible noise levels for the octave bands shoWR above are equal to. an NC-50 Noise Criterion curve when plotted on the preferred frequency scale. Noise from motor vehicles and other transportation facilities are exempted. The operation of signaling devices and other equipment having impulsive or non-continuous sound characteristics shall have the following corrections applied: CORRECTIONS Pure tone content Impulsive character Duration for non-continuous sounds in daytime only, 1 min/hr 10 sec/10 min 2 sec/10 min -15dB -5dB -5dB -5dB -10dB The reference level for the dB values listed above is the pressure of 0.0002 microbar or 0.0002 dyne/ern. E. Vibration: Buildings and other structures shall be constructed and machinery and equipment installed and insulated on each site so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point along any of the exterior lot lines. - 23 - 5.7 Outside Storage and Refuse Collection Areas: No materials, inventory, supplies, inoperable vehicles, boats, recreational vehicles, equipment, or the like may be stored in any area on a Lot except inside a closed building. All trash, debris, rubbish, recyclable materials, and refuse must be collected and stored inside a closed building, or inside a trash enclosure constructed in accordance with Article 4, so as not to be visible from neighboring property and must be regularly removed from each Lot. 5.8 Maintenance of Property: The OWner of each Lot shall at all times keep and properly maintain all parts of the lot and its improvements at its own expense, except as allowed by Section 2.4: A. The exterior surfaces of all completed buildings, structures, screening walls, enclosures, and other similar improvements situated thereon in accordance with approved Final Plans and in a clean, sightly an~ wholesome :ondition and in a g?od state of repair. Painted surfaces must -be periodically repainted so. as to maintain a well-kept appearance. Any graffiti occurring on the exterior of the buildings shall be removed within one week of its appearance or request for removal by the approving Agent or by the City. The Owner shall make a best effort to seal off, landscape screen or other methods to discourage future access or visibility for graffiti taggers. B. All landscaped areas of such Lot in accordance with approved Final Plans and in a weed-free, well-watered, and good condition, with all dead or dying plant materials promptly removed and replaced. Such maintenance shall be done on a regular and periodic basis by a professional landscape maintenance service or gardener. Each Owner of a Lot shall provide, install, and maintain an automatic underground landscape irrigation system sufficient to properly irrigate all landscape areas within said Lot. C. All Paved Areas of such Lot in accordance with approved Final Plans, with all-weather surfaces and free of potholes, ruts, and the like. Each parking space shall be designated by lines painted on the paved surfaces and shall be periodically restriped as necessary. All Paved Areas must be regularly and periodically swept, so as to be kept free of the accumulation of leaves, debris, silt and the like. D. Emergency Vehicle Ingress/Egress access paths shall be maintained at all times, including signage and other required markings to identify FIRE LANE. The Owner or owners association shall retain professional management to oversee the maintenance responsibilities. E. All signs of such lot shall be installed and maintained at its own expense, including prompt repair or replacement if it is - 24 - damaged. If an owner removes a sign, any damage caused by such removal shall be promptly repaired in such a manner that the appearance of the building or landscaping is not impaired. F. All storm drainage inlets and silt collection boxes located on such Lot free of leaves, debris, silt and the like. Such inlets and collection boxes must be thoroughly cleaned and filters replaced at least twice during each calendar year, between January 15th and February 15th and September 15th and October 15th. All storm drain inlets shall be marked with a no dumping slogan. F.1. All building tenants shall be supplied with instructional materials explaining the need and methods for preventing pollutants from entering the storm drain system. Tenants are to read the material before move-in. G. All vacant or undeveloped areas of such Lot in a weed- free, sigh~ly and wholesome condition, free of trash, debris and abandoned items or materials. H. All construction sites on such Lot in a clean condition, free of construction debris and rubbish, in accordance with good construction practices. I, Garbage Collection: Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company or as currently contracted by the City of Campbell. 5.9 Hours of Operation: Hours of operation for exterior activities (loading and unloading, trucking, deliveries, running of equipment, outdoor recreation) shall be limited to 6:00 A.M. to 11:00 P.M., except that activities within direct visual or audible range of the adjacent residential areas (i.e. areas North and East of Buildings C & D) of lots 3 & 4 , shall have limited hours of operation of 7:00 A.M. to 8:00 P.M. Parking lot sweeping, landscape maintenance or other activities that make noise shall be limited to the hours of 7:00 A.M. to 8:00 P.M. weekdays. Employee access to the site or the buildings shall not be limited by this declaration. 5.10 Damage or Destruction: In the event of a damage to or destruction of an Improvement on a Lot, the Owner of such Lot shall, within a reasonable time (i) restore, repair or reconstruct such Improvement (in a manner complying with this Declaration) or (ii) raze and remove such Improvements. 5.11 Non-Discrimination: The Owner covenants by and for itself and its successors and assigns that there shall be no discrimination - 25 - against or segregation of a person or of a group of persons on account of race, color, religion, sexual orientation, creed, sex, physical or mental disability, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Owner or any person claiming under or through the Owner establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property. The foregoing covenant shall run with the land. 5.12 Mandatory Language in All Subsequent Deeds, Leases and Contracts. All deeds, leases or contracts entered into by the Owner as to any portion of the Property shall contain the following language: (a) In Deeds: "Grantee herein covenants by and for itself, its successors and assigns that there shall be no discrimination against or seg~egation of a person or of a group of persons on account of race, color, religion, sexual orientation, (b) creed. sex, physical or mental disability, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property herein conveyed nor shall the grantee or any person claiming under or through the grantee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the property herein conveyed. The foregoing covenants shall run with the land." In Leases: "The lessee herein covenants by and for the lessee and lessee's heirs, personal representatives and assigns and all persons claiming under the lessee or through the lessee that this lease is made subject to the condition that there shall be no discrimination against or segregation of any person or of a group of persons on account of race, color, religion, sexual orientation, creed, sex, physical or - 26 - :; mental disability, marital status, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the land herein leased nor shall the lessee or any person claiming under or through the lessee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein leased." (c) In Contracts: uThere shall be no discrimination against or segregation of any person or group of persons on account o~ race, color, relig~on, sexual orientatiofl, creed, sex, physical or mental disability, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property nor shall the transferee or any person claiming under or through the transferee establish or permit any such practice or practices of discrimination or segration with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the land." ARTICLE 6 SUBSTITUTION, RESIGNATION, REMOVAL AND/OR APPOINTMENT OF APPROVING AGENT 6.1 Substitution: The then serving Approving Agent may substitute a new Approving Agent to serve in its place at any time: A. Without the consent of any Owner if the substituted Approving Agent is a partnership, corporation, association or trust which (i) is controlled by the withdrawing Approving Agent or a majority of its owners or principals; (ii) is the successor to the withdrawing Approving Agent by reason of its reorganization, merger or consolidation; or (iii) is the purchaser of all or substantially all of the assets of the withdrawing Approving Agent. Such substitution shall be effective upon the Recording of a Notice of Substitution, executed by the withdrawing - 27 - / Approving Agent and the substituted Approving Agent only and setting forth the name and address of the substituted Approving Agent and the effective date of its substitution. A copy of such notice shall be given to all the Owners within five (5) business days of the date of such Recording. B. In all other cases, with the consent of the Owners of fifty-one percent (51%) of the land within Campbell Technology Park. Such substitution shall be effective upon the Recording of a Notice of Substitution as provided in subparagraph A above, except that the notice must also be executed by at least the requisite number of Owners. A copy of such notice shall be given to all the other Owners. 6.2 Resignation: The then serving Approving Agent may resign as Approving Agent, at any time, by Recording a Notice of Resignation and by giving a copy of such notice to all the Owners within five (5) business days of th~ date of such Recording. Such resignation shall be effective on the date specified in such Notice, but not sooner than thirty ,(30) days after the date of its Recordation. 6.3 Removal: The then serving Approving Agent may be removed at any time: A. Upon the written demand of the Owners of sixty-six and two-thirds percent (66-2/3%) of the land within Campbell Technology Park, provided such Owners have appointed a replacement Approving Agent who has agreed to serve as Approving Agent effective upon the removal of the then serving Approving Agent. Such removal shall be effective upon the Recording of a Notice of Removal, executed by the replacement Approving Agent and at least the requisite number of Owners, setting forth the name and address of the replacement Approving Agent. A copy of such notice shall be given to all the other Owners and to the removed Approving Agent. B. Upon the written demand of the Owners of seventy-five percent (75%) of the land within Campbell Technology Park. Such removal shall be effective upon the Recording of a Notice of Removal, executed by at least the requisite number of Owners. A copy of such notice shall be given to all the other Owners and the removed Approving Agent. 6.4 Discharge: Each Owner, on its own behalf and on behalf of its successors, hereby agrees that from and after the effective date of an Approving Agent's substitution, removal, or resignation in accordance with paragraphs 6.1, 6.2 or 6.3 above, said Approving Agent shall be discharged and relieved from any and all duties and obligations hereunder. - 28 - 6.5 New Appointment: If there is no Approving Agent then serving (e.g., after resignation or removal of an Approving Agent without replacement), the Owners of fifty-one percent (51%) of the land within Campbell Technology Park may appoint a new Approving Agent (or form an association, incorporated or unincorporated, to serve as Approving Agent [an "Association"]). However, the Owners may so form an Association only if the Association makes membership available to all Owners and its decisions are made on the basis of a majority vote with voting power assigned proportionately based on the number of square feet of land within Campbell Technology Park owned by each Owner (or by a board of directors or committee whose members are elected on the same basis). Any such appointment shall be effective only upon the Recording of a notice of appointment, executed by the new Approving Agent and the requisite number of Owners. A copy of such notice shall be given to all the Owners. ARTICLE 7 ' ENFORCEMENT 7.1 Inspection: The Approving Agent or its authorized representative, but no Owner (or other Owner if the Approving Agent is also an Owner), shall have the right, on not less than three (3) full business day's prior written notice, to enter upon any Lot and inspect the exterior of any Improvement thereon, during normal business hours and subject to reasonable security requirements, for the purpose of ascertaining whether or not the provisions of this Declaration have been or are being complied with. The Approving Agent, or its authorized representative, shall not be deemed guilty of, or to have committed, trespass by reason of entry upon any Lot in accordance with the right of entry granted by this paragraph or by paragraph 7.2 below. 7.2 Abatement: The violation and/or breach of any restriction or requirement herein, which continues for more than thirty (30) days after written notice to cure has been given by the Approving Agent to the Owner of the Lot in question, shall give to the Approving Agent, or its authorized representative (but no other Owner), the right to enter upon such Lot, on not less than five (5) full business day's prior written notice of its intent to do so, and summarily abate and remove, at the sole cost and expense of said Owner and without liability on the part of the Approving Agent, any structure, thing or condition that may be or exist thereon which is in violation and/or breach of any restriction or requirement herein. The Approving Agent shall have the right to (i) specially assess said Lot and said Owner and (ii) record a lien against said Lot, all in accordance with the provisions of this Article 7, in - 29 - , , order to obtain reimbursement of such costs and expenses. Said assessment shall be due on written demand by the Approving Agent. 7.3 Owner's Assignment of Right to Enforce: Each Owner, on its own behalf and on behalf of its successors, hereby assigns to each successive Approving Agent, during its tenure in such capacity, a right to bring actions at law or in equity to enforce the provisions of this Declaration and/or the obligations of other Owner(s) hereunder. Therefore, without limiting the generality of the foregoing, the Approving Agent may bring legal action against any person or entity who has or is alleged to have violated, or is attempting to violate or breach any of the provisions of this Declaration, to enjoin or prevent them from doing so, to cause said violation or breach to be remedied, to recover damages for said violation or breach, and/or declare the parties' rights, duties and obligation hereunder. No Owner shall bring any action to enforce th~ provisions..of this Declaration, and/or the obligations of any other Owner hereunder without first giving. the Approving Agent the opportunity to bring such action. However, the Approving Agent shall have no duty to enforce this Declaration or to investigate any actual or alleged violation or breach hereof. Therefore, if the Approving Agent fails to take action within thirty (30) days from the written demand by any Owner to take action with respect to any alleged breach or violation of any of the provisions of this Declaration or if the Approving Agent notifies any Owner in writing that it does not intend to take action with respect to the breach or violation alleged in such demand or if there is no Approving Agent serving at the time an Owner desires to make such demand, then any Owner may bring legal action to enforce the provisions contained in this Declaration with respect to said alleged breach or violation. In no event shall any Approving Agent have any liability whatsoever for its failure or refusal to take any action to enforce the provisions of this Declaration or to investigate any actual or alleged breach or violation hereof. 7.4 Deemed Nuisance: The result of every action or omission whereby any provision of this Declaration is breached or violated in whole or in part is hereby declared to be and to constitute a nuisance, and every right or remedy allowed by law or equity against a nuisance shall be available to quash such breach or violation. All remedies provided for herein, or at law or in equity, shall be cumulative and are not exclusive. No failure to exercise a right or remedy with respect to a breach or violation of a provision of this Declaration (nor any delay in exercising such right or remedy) shall be deemed a waiver of such violation or such provision or any other provision hereof. - 30 - 7.5 Assessment for Costs of Enforcement: In order to insure that the Approving Agent has sufficient funds to enforce the provisions of this Declaration and the obligations of the Owners hereunder, each Owner agrees, on its own behalf and on behalf of the successive owners of its Lot(s), that the Approving Agent shall have the right and power to specially assess all the Lots and their Owners for the reasonable costs and expenses paid or incurred (or reasonably reserved for) by the Approving Agent in connection with said enforcement and/or its defense of any action to set aside or declare invalid any provision hereof. The Approving Agent need not obtain the consent of any Owner in order to create the obligation to pay assessments levied hereunder. All such costs and expenses shall be specifically assessed against all the Lots and their respective Owners, with each Lot bearing the share of the same equal to the percentage obtained when the number of gross square feet contained w~thin such Lot is divided by the total number of gross square feet wi thin ail Lots. .In this regard: A. The amount of such assessment shall be as reasonably determined by the Approving Agent. The special assessment shall be levied by the Approving Agent giving a written notice of such special assessment to the Owners of each Lot, which notice must set forth the amount then being assessed against such Lot and its Owner; the purpose, in reasonable detail, for which the assessment is levied; and the Approving Agent's then best estimate of any additional funds which may be needed in the future. If payable more than ten (10) days in the future, the due date of a special assessment shall be set forth in such notice. If not due date is set forth in such notice, a special assessment is due and payable within ten (10) days of its date. B. Each Owner acknowledges that the late payment of any special assessment will cause the Approving Agent to incur certain costs and expenses not contemplated under this declaration, the exact amounts of which are extremely difficult or impractical to fix. Such costs and expenses will include, without limitation, administrative costs and processing and accounting expenses. Therefore, if any assessment payment is not received by the Approving Agent from the Owner within ten (10) calendar days after the same becomes due, the delinquent Owner shall immediately pay to the Approving Agent a late charge equal to ten percent (10%) of the delinquent amount. Each Owner agrees that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to the Approving Agent for its loss suffered by reason of such Owner's failure to make timely payment. In no event shall this provision for a late charge be deemed to grant to any ~Nner a gra~e - 31 - period or extension of time within which to pay any special assessment or prevent the Approving Agent from exercising any right or remedy available to it upon any Owner's failure to pay each special assessment when due. If any assessment payment remains delinquent for a period in excess of ten (10) calendar days, then, in addition to such late charge, the delinquent Owner shall pay the Approving Agent interest on all amounts due, from said tenth (10th) day until paid in full, at the lesser of eighteen percent (18%) per annum or the maximum interest rate then not prohibited by law. C. The Approving Agent may not commingle proceeds of assessments levied hereunder with any other funds in its possession or control. The Approving Agent must maintain separate books and records showing the assessments collected and the expenditures thereof, and each Owner shall have the right to inspect such books and records upon reasonable'!equest. D: Upon.completion of the purpose for which any given assessment was levied, any surplus remaining will be refunded to the Owner, pro rata in accordance with the amount paid pursuant to said assessment. 7.6 Lien for Payments and Priority: If the Owner of a Lot does not pay any special assessment levied against such Lot in accordance with paragraph 7.2 or 7.5, the Approving Agent may create a lien against such Lot to secure payment of each such delinquent assessment (and any other amount due hereunder) by Recording a written notice of lien (a "Notice of Lien") which (i) legally describes such Lot; (ii) specifies the total amount assessed against such Lot which is unpaid and such other information as the Approving Agent may desire; (iii) incorporates this Declaration by reference; and (iv) states that, pursuant to and in accordance with this Declaration, there is a lien against such Lot for payment of unpaid assessments plus attorneys' fees, trustee's fees, late charges, interest and other costs of collection as provided herein. The Approving Agent need not obtain the consent of any Owner in order to create such lien. The priority of such lien shall date from the date of Recording of the Notice of Lien, and the debt secured by such lien shall include all applicable late charges and interest, together with all costs, expenses and fees (including trustee's fees and legal fees) incurred or paid by the Approving Agent in connection with or as a result of a default in payment of said debt (or a cure of such default) and/or the foreclosure of said lien or the enforcement of any other right or remedy of the Approving Agent with respect to such debt and/or such lien. Upon payment in full by an Owner of a delinquent assessment (incl~ding - 32 -; late charges and interest and costs of collection as aforesaid, as applicable) with respect to which a Notice of Lien has been Recorded, the Approving Agent shall cause an appropriate notice of payment and release of lien to be Recorded with respect thereto. 7.7 Foreclosure of Liens: If any Owner shall fail, in whole or in part, to make any payment as required by a notice of assessment and if a Notice of Lien has been Recorded with respect thereto, then, at any time after the Recording of said Notice of Lien, the Approving Agent may bring legal action to foreclose such lien or, in lieu of judicial foreclosure, may foreclose such lien by proceeding under the private power of sale herein given to the Approving Agent for the purpose of collecting delinquent assessment payment(s). Each Owner, on behalf of itself and the successive owner(s) of the Lot(s) owned by such Owner, hereby grants to the Approving Agent the right and power to foreclose (judicially, or by priv~te power of sale) a~y lien created pursuant to this Article 7' against -the Lot(s) owned by-such Owner for the purpose of collecting any delinquent amount then due hereunder from such Owner or the successive owners of such Lot(s). In this regard: A, No steps shall be taken to proceed under the power of sale provided for herein until three (3) months after the date of a notice of default, executed by the Approving Agent or its duly authorized representative, is Recorded stating (i) the amount claimed, (ii) a legal description of the Lot(s) subject to such lien, (iii) the name of the record owner(s) of the Lot(s) subject to such lien, (iv) the name and address of the Approving Agent as claimant and (v) such other information as may be required by law. In addition, a copy of said notice of default shall be posted on the Lot(s) subject to such lien and given to the then record owner(s) of such Lot(s) and such other parties as may be required by law, all in the manner required by law. B. Any judicial foreclosure or foreclosure under the private power of sale provided for herein shall be conducted in accordance with the provisions of California law then applicable to or governing judicial foreclosures or private powers of sale under mortgages and deeds of trust (including those regarding notices and rights of redemption), or in any other manner then permitted or provided for by law. Such provisions of law include, as of the effective date of this Declaration, sections 580a and following and 725 and following of the California Code of Civil Procedure and sections 2920 and following of the California Civil Code (among other Code sections), all of which are incorporated herein by this reference. Each Owner agrees that if the Approving Agent shall elect to foreclose a lien created hereunder or - 33 - pursuant hereto by exercise of its private power of sale, then the Approving Agent shall have the right to designate and appoint an agent to act for it in conducting and consummating such sale. and such designated agent shall be deemed an authorized person to conduct such sale and to convey title to the purchaser at such sale without covenant or warranty, express or implied. The recitals of any matters or facts in any deed given in any foreclosure or sale conducted pursuant to this paragraph 7.7 shall be conclusive proof, for all purposes, of the truthfulness thereof. The Approving Agent, by itself or through its duly authorized agent, shall have the power at any foreclosure or sale to bid on the Lot(s) subject to the lien being foreclosed (and may make a credit bid of the amount then owed) and to acquire and hold, lease, mortgage and/or convey the same. c. Any monetary default hereunder may be cured, prior to the forecl~sure of the lien created hereunder or pursuant to the foreclosure of the lien created hereunder or pursuant hereto as a. result of such default, by (and only by) the payment to the Approving Agent of the entire delinquent amount, including all applicable late charges and interest and all costs, expenses, or fees (including trustee's fees and legal fees) incurred or paid by the Approving Agent in connection with or as a result of said default or its cure and/or the foreclosure of said lien or the enforcement of any other rights or remedy of the Approving Agent with respect to such debt and/or such lien. Following a cure of a default for which a notice of default was Recorded pursuant to paragraph 7.7A, the Approving Agent shall file or Record, as the case may require, an appropriate notice of payment and release of lien with respect thereto. D. The liens created hereunder and the rights of judicial foreclosure or private sale hereby created shall be in addition to any other right or remedy which the Approving Agent may have hereunder, or at law or in equity, with respect to the timely payment of assessments, the enforcement of this Declaration, or any event of a default hereunder. 7.8 Nonuse and Abandonment: No Lot nor its Owner may escape liability for the special assessments provided for herein by reason of such Owner's abandonment or nonuse of its Lot(s). 7.9 Assessment Statement: Any Owner of a Lot or the holder of any lien against a Lot may, by written request, obtain from the Approving Agent a written statement setting forth the amount of any special assessment against such Lot which is outstanding, including amounts which are delinquent or assessed but not yet due and payable (an ~Assessment Statement"). If the Approving Agent fails to supply an Assessment - 34 - ; / Statement within fifteen (15) business days of its receipt of such written request, then, subject to the following sentence it shall be conclusively deemed that there are no outstanding assessments against, such Lot as of the date of such written request. However, it an unreleased Notice of Lien is Recorded against a Lot in accordance herewith, then (whether or not an Assessment Statement has been supplied and regardless of any fact set forth therein) in no event shall any subsequent purchaser or encumbrancer of such Lot, for any purpose, be a bona fide purchaser or encumbrancer for value without notice of assessment and other charges described in such unreleased Recorded Notice of Lien. ARTICLE 8 DURATION, MODIFICATION AND REPEAL 8.1 Duration of Declaration: This Declaration, and all of the covenants, conditions,'restrictions and agreements contained herein, shall continue and remain in full force and effect, with respect to all the property and each part thereof now or hereafter made subject hereto, until January 1, 2037 (subject, however, to the right to sooner terminate, extend, modify or amend as provided for herein) . 8.2 Termination and Modification: This Declaration or any provision hereof, may be terminated, extended, modified or amended, provided such change is uniformly applied to the whole of the Campbell Technology Park, as follows: A. If there is an Approving Agent then serving, only by the Recorded written consent of the Approving Agent plus the Owners of sixty-six and two-thirds percent (66-2/3%) of the land within Campbell Technology Park. B. If there is no Approving Agent then serving, only by Recorded written consent of the Owners of seventy-five percent (75%) of the land within Campbell Technology Park. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Constructive Notice and Acceptance: Every person or entity who now or hereafter owns, occupies or acquires any right, title or interest in or to any portion of the property made subject to this Declaration is and shall be conclusively deemed to have consented and agreed to every covenant, condition, restriction and agreement contained herein, whether or not any reference to this Declaration is contained in 35 - " the instrument or agreement by which such person acquired said right, title or interest. 9.2 Waiver of Liability: None of the Declarants, nor the Approving Agent, shall be liable to any Owner, lessee, licensee, or occupant of land subject to this Declaration by reason of any action or inaction taken in connection with, pursuant to, or with respect to any provision of this Declaration (unless such action was taken in bad faith). In this regard, and in connection with the limitations on duties, obligations and liabilities set forth in paragraphs 3.13, 4.16, 5.3, 6.4, 7.1, 7.2 and 7.3, Declarants, the Approving Agent, and each Owner each acknowledges and agrees, on its own behalf and on behalf of its successors and assigns, that it is fully apprised of the provisions of law relating to releases, and particularly those contained in Section 1542 of the California Civil Codes which reads as follows: ~ general release does not extend to claims which the credito~ does not know or suspect to exist in his favor at the time of executing the release, which if know by him must have materially affected his settlement with the debtor. Notwithstanding such statutory provision, and for the purpose of implementing a full and complete release and discharge, each such party hereby (I) waives the benefit of such statutory provision and (ii) acknowledges that, subject to the exceptions specifically set forth herein, each limitation on liability and each release and discharge set forth in this Declaration is a full and complete settlement and release and discharge of all claims and is intended to include in its effect, without limitation, all claims which such party, as of the date hereof, does not know of or suspect to exist in its favor. 9.3 Rights of Mortgagees: No breach or violation of any of the provisions contained herein, or any enforcement thereof, shall release, defeat, extinguish, or render invalid the lien of any mortgage or deed of trust made in good faith and for value and now or hereafter executed upon any Lot, except in the case of a foreclosure of an assessment lien pursuant to a prior Recorded Notice of Lien. If any Lot is sold by a foreclosure of or exercise of a private power of sale under any mortgage or deed of trust, any purchaser at such sale and his successors and assigns shall hold any and all property so purchased subject to all of the provisions of this Declaration. 9.4 Leasing of Property Subject to this Declaration: Every lease or other agreement for the hire (a "lease") of any portion of the - 36 - j property subject to this Declaration shall be subject to the provisions to the provisions of this Declaration, and every tenant or occupant of a Lot, or a portion thereof, or any space within any buildings constructed thereon, shall in all applicable respects comply with the provisions of this Declaration. Every Owner shall include in each lease of all or any portion of his Lot or the lease of any space within any buildings constructed upon his Lot a specific provision that said lease is subject to this Declaration and that the provisions hereof are incorporated into and form an integral part of said lease; provided, however, that an Owner's failure to comply with the preceding requirement shall not diminish the obligation of the lessee to comply herewith nor diminish the effect of this Declaration with respect to any such lease. 9.5 Paragraph Headings: Paragraph headings, where used herein, are inserted for convenience only and are not intended to be part of this Declaratioq or in any ~ay to define, limit or describe the scope and intent of the 'particular paragraphs to which they refer. 9.6 Effect of Invalidation: If any provision of this Declaration is held to be invalid or unenforceable by any court, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions hereof. 9.7 Covenants Running With the Land: The covenants and agreements herein of each Owner are made by such Owner on its own behalf (as owner of a Lot) and on behalf of the successive owners of such Lot for the direct benefit of each other Lot, each other Owner (as owner of another Lot) and the successive owners of each other Lot, it being the intent of each Owner that the foregoing covenants and agreements of such Owner shall be "covenants running with the land" as defined in California civil Code Section 1468, the burdens of which shall be binding upon each Lot owned by such Owner and the successive owners of such Lot for the direct benefit of each other Lot and the successive owners of each other Lot. 9.8 Notice: Any notice required or desired to be given or sent pursuant to or with respect to this Agreement shall be in writing and shall be personally served, or, in lieu of personal service, may be given by depositing such notice in the United States mail, certified or registered, postage prepaid, addressed to the party to be served at the address for such party as set forth in this paragraph. Any notice given by certified or registered mail shall be deemed to have been given on the third (3rd) business day after its deposit in the United States mail. Any Owner and/or the Approving Agent may, by written notice to all other Owners (and to the Approving Agent in the case of an Owner) in the manner - 37 - j provided above, change the address to which notices addressed to it shall thereafter be mailed. Until changed as aforesaid, (i) the address of all Owners of any given Lot as shown on the most recent Santa Clara County Tax Assessor's Roll and (ii) the address of the Approving Agent shall be 900 Welch Road, Suite 10, Palo Alto, California 94304. If a Lot is owned by more than one Owner, then such co-Owners shall designate, by written notice to the Approving Agent, a single Owner to receive notices hereunder, and any notice given to such designated Owner shall be deemed given to all the Owners of such Lot. In the absence of any such designation, any notice given to any of the co-Owners of a Lot shall be deemed given to all the Owners of such Lot. IN WITNESS WHEREOF, the undersigned have executed this Declaration the day and the year first above written. Declarant: WTA CAMPBELL TECHNOLOGY PARK, LLC a California Limited Liability Company ~~~ Howard J. White, III, Trustee, The Howard and Carolee White February 1986 Trust, Managing Member - 38 - EXHIBIT A Campbell Technology Park All of the following real property situated in the City of Campbell, County of Santa Clara, State of California: See attached parcel map (this parcel map shall in reference represent the official recorded map) . - 39 - I a.. <( ~ 15 < ';z .na::~ "'11.~::i ~~J~ ~~~;:f lI)~oCl:l 0( ~........~ ~...~gt~CJ1 .. i ~~::~ .. ~ ~ ~i~~ ~ u ~e.~u ~ ~ i ~Lo.i~ e :: ~ ~:i15i: ~ ~ e ~q~~ u g:2.~J ijliO...,. <;~g " .~~ ~~e~ CD .~t) ~"z 0:S:: <.. e. .....J W o a: <( a.. 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COMMON USE AREA LEGEND LANDSCAPED PAR COURSE AND PICNIC AREA TRUCKING AND VEHICLE ACCESS DRIVES FOR COMMON MAINTENANCE PROJECT SIGN AND MONUMENT LANDSCAPE AREA PUBLIC DEDICATED LANDSCAPE MAINTAINED BY CAMPBELL TECHNOLOGY PARK -I.. ~ .~ X- c, " X- 1\ ..... CITY OF CAMPBELL PARK NOT A~~T::)F CAMPBELL TECHNOLOGY PARK //' '" '" -----------------~ PUBLIC DEDICATED LANDSCAPING - MAINTENANCE BY CTP (BOTH SIDES OF STREET) - EXCEPT ALONG CITY PARK /~ ?i j !i ij ~ '~ ~ EXHIBIT A I CAMPBELL TECHNOLOGY PARK ENTRY PROJECT LANDSCAPE fa SIGN AREA \ 1'1 '-t EXHIBIT B CAMPBELL TECHNOLOGY PARK SIGN PROGRAM All signs within Campbell Technology Park shall comply with the requirements set forth in this Exhibit B and as set forth in Article 3 of the CC&Rs, including the required plans and fees for reviews and approvals, Additionally, all signs shall comply with the City of Campbell's Municipal Code for signs, including obtaining any and all required pennits. The purpose of this SIGN PROGRAM is to provide harmony and compatibility for all signs as it relates to the associated architectural and landscape design. This sign program is structured to provide a framework of criteria, from which a sign can be designed, installed or removed, including sizes, locations and restrictions while allowing flexibility for individual tenants or owners needs, SIGN TYPES 1. PROJECT SIGNS: These signs are restricted for the purpose of identifying the entrances CAMPBELL JECHNOLOGY PARK. There shall not be any identification of any individual tenant or 6wm~r except to ~eference building addres~es. . 2. TENANT MONUMENT SIGNS: These freestanding signs are designated for tenant identification and shall be limited to the tenants name(s) and or logo, There shall be only one tenant monument sign per parcel of land and it shall be for all tenants within that parcel. 3, BUll...DING WALL SIGNS: These signs shall be mounted parallel to the exterior of the building or other architectural elements and are limited to the tenants name and/or logo, 4. FREEWAY VISffiLE SIGNS: These signs shall be mounted to an exterior wall and shall be limited to the tenants name(s) and or logo, 5. DIRECTIONAL OR INFORMATIONAL SIGNS: These are on-site signs which direct or guide vehicle parking, loading or trucking traffic, docking or loading. These signs shall not have any advertising (including tenants name or logo) but may utilize site mapping to identify locations, 6, ADDRESS SIGNS: The sign shall identify building address numbers only and shall be mounted or applied to the exterior of the building, SIGN RESTRICTIONS 1. There shall be no moving or animated signs nor have flashing or moving lights, Portable signs or promotional devices, including roof-mounted signs or signs attached to trees or other landscape materials are prohibited, 2. Temporary signs shall be limited to the following: a. Tenants may display temporary signs for the use identification prior to the installation of permanent signs, but shall be limited to a time fame of not more than four months from initial occupancy, b. Temporary signs shall not exceed a total area of forty square feet. c, Temporary tenant signs shall be placed adjacent to or within the tenants space or common lobby, Placement of signs not within or directly adjacent to the tenants space shall require approval by the Approving Agent and shall not be attached to the building unless prior conditions for removal are also approved, d. No more than two temporary signs per tenant are allowed at any time. 3. Real estate signs shall be limited to one sign per building or lot and shall be place within the boundary of the lot and shall be permitted as follows: a. The site is vacant or the building is a minimum of twenty-five percent unleased. Campbell Technology Park Sign Program ( , b, Freestanding or building mounted signs may be used but not both. The Approving Agent, prior to installation, shall approve location and installation details, including requirements for removal. c, Freestanding signs shall not exceed eight feet in height. 4, If sign illumination is used it shall be provided either by interior lights or reflectors concealed in shrubbery or decorative structures. Such illumination shall not cause any glare on adjacent properties or streets, 5. Signs or letters, numbers and logos shall be attached such that it is parallel with the face of the building or sign structure and shall not project beyond one foot of the wall or above the top of the parapet or sign wall. SIGN SIZE AND LOCATIONS \, PROJECT SIGNS: Project signs shall be designed and approved on a case by case basis and shall have an integrated landscape plan. Project signs shall be placed at street or entry driveways only. 2. TENANT MONUMENT SIGNS: Each building may have one one-sided tenant monument sign located within the boundaries of its property. The sign shall not exceed six feet in height and shall be constructed in concrete with an overall finish & color to match the building. The overall sign display area shall not exceed fifty square feet and shall also include the building address number. The area designated for each tenant shall be proportional to the percentage of its lease space, except t'p.at anyone tenant shall nqt exceed fifty percent of the sign display area. All letters within a sign shall be the same type style and color for all tenants, Logos may be used but are to be confined within the tenants designated sign area, See figure I for recommended site locations for monument signs. 3. BVaDING WALL SIGN: A tenant who occupies a minimum of thirty-four percent of the total building's lease square footage may have one building wall mounted signage not to exceed fifty square feet. Each building is limited to two signs. Location of signs shall be within the center third of the front elevation. 4. FREEWAY VISIBLE SIGNS: Buildings A, B, & C may have potential freeway visibility for signage, A tenant who occupies a minimum of thirty-four percent of the total building's lease square footage may have freeway visible signage. This signage is limited to being located within the top four foot section of the building wall and within twelve feet of the North-west comer of each building (see figure 2 & 3 elevations). The area for lettering &/or logo shall not exceed thirty-six square feet for anyone sign nor fifty square feet if both sides of the comer wall are used. Signs shall be designed to accommodate two tenants, unless a single tenant has a minimum of sixty-eight percent of the total lease space, 5, DIRECTIONAL OR INFORMATIONAL SIGNS: All directional or informational signs shall be of uniform color, text style, mounting type and height. 6. ADDRESS SIGNS: Building address numbers shall be 18 inches in height mounted near the top of the building parapet wall most visible from the street or most visible access point. Building address numbers, four inches high, may also be installed on the face of the project entrance sign. Numbers shall be italic helvetica with a bronze anodized aluminum finish or contrasting color from the building (see figure 4 elevation). Prior to installation clearance from the Fire Department is recommended, 7. TEMPORARY TENANT IDENTIFICATION SIGNS: Shall be a maximum of 20 square feet each. See sign restrictions above for approved locations. 8. REAL ESTATE SIGNS: Signs shall be a maximum of thirty-two square feet per sign face, with a maximum of two sign faces. MAINTENANCE OF SIGNS All signs including all supports, associated lighting and landscaping shall be maintained in good safe condition, The sign display areas shall be kept in a clean and neatly painted condi6on at all times, Campbell Technology Park Sign Program . 0: - f " SITE PLAN FIGURE I SIGN PROGRAM , , I , , I 1\ , , I ~ ~. ~ ~ c, "- FREEWAY VISIBLE SIGN AREA " ~ , , I CITY OF CAMPBELL PARK , I ! I r----~ NOT A PART OF CAMPBELl. ! TECHNOLOGY PARK I .... /// .... .... - - - - - - - - - - - - - - - - _--./ CAMPBELL TECHNOLOGY PARK ENTRY PROJECT ;':~SCAPE B SIG~ :~ .- I t:/,/ . ~ I'. FREEWAY VIS\~LE] SIGN ARE:-A (TYP.) , --------------------------------------------------' --.---; ." ..... BUILDING "A" - NORTH ELEVATION SIGN PROGRAM ELEV A IION - FIGURE 2 FReEWAY Y\S\~LE' 'SIGN AREA. (nF') _ ___D----- r----------------------------------- I .' - '1" .,'- " . . " . ~.~ ~ . :. ... :: . . - . . - . - . . '. " "- . . . . .' . .' "':,.,' L__________------. BUILDING "A" - WEST ELEVATION SIGN PROGRAM ELEVATION - FIGURE 3 RECOMMENDED TYPICAL ADDRESS LOCATIOI~ r------------------~------- I / '. r li!'OZ ":-. ....... : " y BUILDING "A" - EAST ELEVATION ____or-..........,........,..,,.....,. &'I~TT""'rA"T"Tr\1\..T mr:.TTD"C'A ~ . ..', CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~~ ra~ /' On ::t.-?-6- tl6,1 Ic;q~, before me, Date ~ personally appeared . Jttt c/ () O'DONNEll. IRENE ~'. n # \ 176243 _ ~ c~rnrn\~~iC _ california ~ _ NO'ory P COI.lnty ~;_ . santo Cla;o \4,2002 :z. . , cornrn, ExPIres Wet ". W . I I Place Notary Seal Above }ss. o personally known to me ;:Sproved to me on the basis of satisfactory evidence to be the person&.r whose name\6) @are subscribed to thEf wit~ instrument and acknowledged to me tha~she/they executed the same in @/her/their authorized capacity(ies), and that by ~er/their signature(~on the instrument the person~, or the entitlJpon behalf of which the person~ acted, executed the instrument. WITNESS my hand and official seal. ~L~ ~ &r~e~ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached);)ocum~nt~ . ili~~lIcLA.~ ~ ~ / /) Title or Type of Document: ~ ~~ + ~ ~1<.h df ~ ".J. fit;. Document Date: q....~:l to I (ct 'i Cj Number of pages~r a~ Signer(s) Other Than Named Above:~~ Capacity(ies) Czr.:ed by Sig~r j < Signer's Name: I -< leI.-! t/ . (A), t "it. o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact 'EfJ Trustee o Guardian or Conservator o Other: Signer Is Representing: ~ Top of thumb here ~.,.. .. . -... .....,., . C 1997 National Notary Association' 9350 De Soto Ave., P.O. Box 2402' Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll-Free 1-800-876-6827 ., )OCONFORMED ~Opy //<; /e,... RECORD WITHOUT FEE UNDER SECTION 6103 GOVERNMENT CODE OF THE STATE OF CALIFORNIA AFTER RECORDING RETURN TO: SANTA CLARA VALLEY WATER DISTRICT 5750 ALMADEN EXPRESSW A V SAN JOSE, CALIFORNIA 95118 Doc#. . 1 6/e2/199484e769 9 3:37 PH SPACE ABOVE THIS LINE FOR RECORDER'S USE APN: 412-30-044, 4iL-29-004 and 412-31-001 Project: McGlincey Percolation System Name: WTA Campbell Technology Park, LLC Parcel No.: 9257-2.01, 15.02 AGREEMENT THIS AGREEMENT made by the SANTA CLARA V ALLEY WATER DISTRICT, a public corporation, hereinafter referred to as "District,>> and the CITY OF CAMPBELL, a municipal corporation, hereinafter "City," is entered into on the day of execution by District. RECITALS: A. City acknowledges the critical nature of the District's McGlincey Percolation Pond System as a regional water resource and agrees to cooperate with the District in maintaining this important resource. City further acknowledges the District's cooperation and contribution to the development of City's new community park. B. In the interest of developing adjacent property and District's adjacent recharge pond as part of a community park, District wishes to cooperate with City. C. District owns fee title to certain lands within the City, identified on Exhibit A which is attached hereto and incorporated herein by reference. Property identified on Exhibit A is excess to the District's needs. D. District property identified on Exhibit A is needed to complete the construction of a public street, Campbell Technology Parkway, to serve WTA Campbell Technology Park LLC's (WTA) proposed research and development park within the City and City's new community park. City is willing to accept said property to complete development of the street. E. District is willing to quitclaim its interest in the property identified in Exhibit A to City in conjunction with WTA's quitclaim of its interest in the lands described in Exhibit B,. attached hereto and incorporated herein by reference, to District. ~_...... . , ~ It is agreed among the parties hereto as follows: 1. DISTRICT'S RECHARGE OPERATIONS TO REMAIN WHOLE City agrees that in exchange for District's acceptance of the financial offer made by WTA Campbell Technology Park, LLC, a California Limited Corporation, (WT A) including the deduction of special benefits from the appraised value for street improvements for sale of District's excess property described in Exhibit A, that City will take reasonable measures to ensure that neither the recharge function nor the maintenance of the District's McGlincey Percolation Pond System for any valid District purpose will be significantly diminished. 2. WHOLE AGREEMENT The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for the properties identified on Exhibits A and B. 3. CONDITIONS A. District agrees that Griffith Place will be the primary staging area for McGlincey Percolation System pond cleaning and maintenance operations and, as such, will limit staging operations for cleaning and maintenance, to the extent possible, to Griffith Place. B. The District will retain ownership of the triangular fee title parcel remainder (recorded April 10, 1970, Book 8885, page 541) north of Pond 5, hereinafter referred to as "Remainder Parcel," and agrees to limit uses of said parcel to maintenance support functions, such as parking of light-duty vehicles, provided that maintenance operations functions can be staged from Griffith Place. District agrees to let City install and maintain landscaping and other improvements on this parcel compatible with the aforementioned uses, subject to the review and approval of construction drawings and the issuance of a District pennit. C. District reserves the right to modify its use of the Remainder Parcel as conditions governing operation, maintenance, and use of District's adjacent property may require. District reserves the right to dispose of Remainder Parcel or percolation ponds in accordance with the District Act and Government Code Sections 25363 and 25365 in the event that District declares said, property surplus. To the extent authorized by law, District agrees to offer City first rights of refusal for acquisition of said property. D. City agrees not to place fill in the recharge pond(s) unless mutually agreed upon in writing by District and City. District reserves the right to modify ponds as determined by District to facilitate operations and promote recharge, including the enlargement of the pond(s) and the installation of additional access ramps to ponds. E. District retains access rights from Campbell Technology Parkway to the percolation ponds via McGlincey Lane. ? . : F. District retains easements for both the existing concrete pad crossing between the Remainder Parcel and Pond 6, and for the 30-inch pipeline crossing Campbell Technology Parkway between recharge Ponds 5 and 6. City or City's agent agrees to coordinate preparation of legal descriptions and plats by others for said easements to District's satisfaction. Public improvement plans for the construction of the new public street shall be modified such that the existing concrete crossing shall be retained. G. If Griffith Place is unavailable for staging of District pond cleaning and maintenance activities, City agrees to pennit District, at no cost to District, to utilize both the Remainder Parcel and the westerly portion of the new public street between Ponds 5 and 6 for necessary staging activities, such as loading and unloading or fueling of vehicles. City agrees to construct, or have constructed, improvements to the public street that City deems necessary to prevent damage to the street should District need to utilize this area for maintenance staging operations. H. District will cooperate with City in the incorporation of recharge Pond 5 into the City park and enter intQ a Joint use agreement, substantially in the form shown on Exhibit C, attached hereto and incorporated herein, by reference. District will pennit landscaping and passive uses of the pond area under this Agreement. District will, if City desires, reshape the north side of Pond 5 within District property by flattening the side slopes and fonning curvilinear bank edges. It is anticipated that this work will be done in conjunction with pond cleaning operations at no cost to City. City will accept the excess soil on the park property to avoid hauling and disposal costs. I. City understands and accepts extension of pond limits to District property line and any future conditions that the proximity of the pond edge to the property line may impose, including the District's potential need to access the northern pond edge from City's land. 4. DELIVERY OF DOCUMENTS A. District Document No. 9257-2.01, 15.02, a Quitclaim Deed as shown on Exhibit A, shall be executed and delivered by District to City for the purpose of conveying said property to the City for public street purposes. B. WT A Campbell Technology Park, LLC, Quitclaim, as shown on Exhibit B, shall be executed ' and delivered to District for the purpose of conveying said property, which is excess to the Campbell Technology Park project, to District. 5. PROCEEDS FROM SALE OF PROPERTY District shall receive the sum of $43,000 (forty-three thousand dollars) from WTA for the District's property interests to be conveyed by District Document No. 9257-2.01, 15.02. ...,nn__. 3 , - 6. BINDING EFFECT This Agreement and its terms and conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns and shall survive recordation of the deeds identified on Exhibits A and B. 7. "AS IS CONDITION" City acknowledges that its acquisition of the property is "AS IS" in its present state and condition. City is relying solely upon its own inspection of the property as to its condition. District makes no declaration or warranty whatsoever as to the condition of the property, including, but not limited to, the possible presence of contamination by hazardous materials. 8. NOTICES Any notice, cQnsent, approv!ll, or other communica~ion required or permitted hereunder or by law shall be in writing and shall..be deemed duly given ,when personally delivered, .or in lieu of such personal service, forty-eight (48) hours after deposit in the United Sates mail, registered or certified mail, postage prepaid, return receipt requested, to the addresses set forth below or to such other address of which the parties are subsequently notified in writing: District: Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118 City of Campbell: City of Campbell 70 North First Street Campbell, CA 95008 Recommended for approval: By.:..~m 'u/d....:- .f-j~ Ge eral ger Date CITY OF CAMPBELL APPROVED AND ACCEPTED By: ~~ ?'H-.'1'7 Director of Public Wodes Date SANTA CLARA V ALLEY WATER DISTRICT Approved as to form: By: " r;ft~/q1 Date A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~ County of ~ ~ On )1'''/~q before me, personally appeare:~ tJ~ . / Name(s) of Signer(s) !ll'Personally known to me - OR 0 p,ovea ts FRS en t1ge Basis af Qi!ti'i+19tefj e.ieleFlee to be the person(s) whose name~is/.aF&subscribed to the within instrument and acknowledged to me that he/-€RQI'they executed the same in his/herftRelr authorized capacity(.iget, and that by hisfb,gr/t1geil' signature(.sfon the instrument the person(.st;- or the entity upon behalf of which the person~ acted, executed the instrument. State of ':' - -.. E~;Z;;TH ANN EWS I " COMM. 11166758 ~ .... NOTARY PUBUC' CAUFOfINIA l) SANTA ClARA COUNTY - My Comm. ElcI*es Dee. 2S, 2001 WITNESS my hand and official seal. ~~ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Corporate Officer Title(s}: o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER o Individual o Corporate Officer Title(s}: o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: a.-wt...... rllln TnlL~n:NI 1.ROQ..876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of On .? -/3 -7' f before me, Dale ',-:- /' .--T'" personally appeared <.., J ~ \ I. LrU...., , , /" Name(s) 01 Signer(s) ~rsonally known to me - OR - 0 1*8've;d tv .11e; vi, ti'le basis 6f "ati.,[ac,lafj evisQr:lc'i to be the person(sr whose name~is/aLQ-Subscribed to the within instrument and acknowledged to me that be,Lshe/~ executed the same in.bi.ilher/tReif authorized capacity~, and that by ~er/tJ::l,Qj.r.signature~on the instrument the person(* or the entity upon behalf of which the person~ acted, executed the instrument. c~ L~~ ~c. State of EUZABETH ANN aus I COMM,11166758 ~ NOrARY PUllUC. CAUFCflNlA l5 SAHTA ClAAA COtMY - My Ccmm. &1*- Dee. a. 2001 WITN ESS my hand and official seal. (~~~~~71 ~c- ~ ~ - - O. -v ~ature 01 Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: Pmtl No. 5907 Reorder: CaD Toll-Free 1 _800_876-6827 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~..c<'.cc.cc.cc.cc.cc.cc.cc.cc.cc.cc.cc.cc.cc~~~..c<'.cc~.cc..c<'.cc~.a:-.cc~.cc.cc.cc.cc~.cc.cc.a:-.a:-R.<'.c<'..5.~ g ~ ~ ~ State of l: tf. U t-u r Y\ ; C'-' ~ ~ County of S Q.^ ~ 0116 (C~ ~ ~ On ,I) } J ~ I G c\ before me, ~ ~ Date n/ I V ~ ~ personally appeared ~\- a.J S ~ g Name(s) of Signer(s) ~ ~ ~personallY known to me - OR [2 proveg te mo en the basis of satiofaotery ovidonee to be the person(s)- g ~ whose name(~ is/are-subscribed to the within instrument ~ ~.:,.'. and acknowledged to me that he/GRe/tRey executed the ~':..' ~: same in his/hgr/tl:1eir authorized capacity(iest, and that by :~ g ,-. ..... __ ~ ....... .... ...... .""'-- or- ..... "_..d::~ ''l>..l his/~r signaturefa-) on the instrument the person(i-}, ~ ~ J r ~ ~. 1 e-' . com~~~;~lE~6S04 ~ ~~~~~t:~t~~e ~~~~u~eehn~~f of which the person(~ acted, ~ C: ~ -,,; NotCll'/ PubliC - California ~ :~ ~." '.':,. z . . Santa Clara county~ X:. " ~: - My?,mm. ExpIres W,ar 5. ro:o 2S 8 ~ ~ g g ~ g ~ ~.:.' OPTIONAL ~,'.. ?i: Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent :~ g fraudulent removal and reattachment of this form to another document. g ~ ~ ~ Description of Allached Document ~ ~ lltle or Type of Document: ~ ~ DocumentDate: Number of Pages: ~ ~ Signer(s) Other Than Named Above: ~ g X ~ Capacity(ies) Claimed by Signer(s) ~ i Signer's Name: Signer's Name: ~ ~ 0 Individual 0 Individual ~ ~~I: [] Corporate Officer 0 Corporate Officer ~:.' I, Title(s): Title(s): 2S ~ 0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General ~ ~ 0 Attorney-in-Fact 0 Attorney-in-Fact g g 0 Trustee 0 Trustee g ~ fJ Guardian or Conservator 0 Guardian or Conservator ~ ~ 0 Other: Top of thumb here 0 Other: Top of thumb here ~ ~ ~ i ~ I Signer Is Representing: Signer Is Representing: ~ ~ ~ ~ ~ r . g I~~~~'g;.~'g,..~-g,-g,~'g;.~~~~~'g;.'g;.'g;.'g;.'g;."g,;.."g,;..~"g,;..~~"g,;..'g;,'g;,g~ __.... ....___~. A.._ on ctnY 71A4. r.::annn:ll Park t::A Q1~09-7184 Prod. No. 5907 Reorder: Call Toll-Free 1_800_876_6827 RECORD WITHOUT FEE UNDER SECTION 6103 GOVERNMENT CODE OF THE STATE OF CALIFORNIA AFTER RECORDING RETURN TO: CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 SPACE ABOVE THIS LINE FOR RECORDER'S USE APN: 412-30-044, 412-29-004 and 412-31-001 QUITCLAIM DEED DOCUMENT NO.: 9257-2.01, 15.02 The SANTA CLARA,YALLEY WATER DISTRICT, a public corporation ("District"), does hereby release and ..., . . quitclaim to the CITY OF €AMPBELJ-" a municipal corporation, all that real property in.the City of Campbell, COUIity of Santa Clara, State of California, described as: Being a part of the South Vz of Section 35, Township 1 South, Range 1 West, M.D.M., described as follows: COMMENCING at the most westerly comer of that parcel of land described in the Deed from Winchester Drive-In Theatre, Inc. to Santa Clara County Flood Control and Water District recorded April 10, 1970 in Book 8885 of Official Records at page 541, Santa Clara County Records; Thence from said POINT OF COMMENCEMENT, along the northwesterly and northeasterly lines of said parcel of land described in said Deed from Winchester Drive-In Theatre, Inc., the following three courses: 1. North 61056'09" East, 92.71 feet; 2. From a tangent bearing of South 82035'04" East, along a curve to the right having a radius of 45.00 .feet through a central angle of 28030'57", for an arc length of 22.40 feet to the TRUE POINT OF BEGINNING; 3. Thence from said TRUE POINT OF BEGINNING, continuing along said curve having a radius of 45.00 feet, through a central angle of 53014'03", for an arc length of 41.81 feet to the south line of the North 10 acres of said Section 35; Thence along said south line, South 89050'00" East, 20.00 feet to the east line of said 10 acres; thence along said east line, North 00023'14" West, 74.57 feet; thence leaving said east line, South 11024'59" East, 39.22 feet; thence along a tangent curve to the left having a radius of 455.00 feet, through a central angle of 05039'42", for an arc length of 44.96 feet; thence along a reverse curve to the right having a radius of 160.00 feet, through a central angle of 16040'45", for an arc length of 46.58 feet; thence South 00023'56" East, 103.27 feet; f ~Yl-TTRTT A i Document No. 9257-2.01, 15.02 thence along a tangent curve to the left, having a radius of 160.00 feet, through a central angle of 11037'32", for an arc length of 32.46 feet to the southerly line of lands described in the deed to Santa Clara County Flood Control and Water District recorded in Book 4120 of Official Records at page 683, Santa Clara County Records; thence along said southerly line, South 56055'00" West, 33.65 feet to the most southerly comer thereof; thence along the westerly line thereof, North 00023'14" West, 95.90 feet to a southeasterly comer oflands conveyed by H.T. Petersen, et ux, to Santa Clara Valley Water Conservation District by deed recorded July 22, 1958 in Book 4128 of Official Records at page 429, Santa Clara County Records; thence along the southerly line of said lands, South 88028'00" West, 19.98 feet; thence leaving said line, North 00023'56" West, 58.17 feet; thence along a tangent curve to the left, having a radius of 115.00 feet, through a central angle of 16040'45" ,for an arc length of 33.48 feet; thence along a reverse curve to the right, having a radius of 500.00 feet, through a central angle of 05039'42", for an arc length of 49.41 feet; thence North 11024'59" West, 8.80 feet to the TRUE POINT OF BEGINNING. Containing an area of 0.1880 acres, ~ore or less; and generally shown upon Exhibit A attached hereto and made a part hereof. ' . . Excepting therefrom an easement for ingress and egress between Ponds 5 and 6 described as follows and identified on Exhibit B attached hereto and made a part hereof: All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, being part of the South ~ of Section 35, Township 1 South, Range 1 West, M.D.M" described as follows: PARCEL A COMMENCING at the most westerly comer of that parcel of land described in the Deed from Winchester Drive-In Theatre, Inc. to Santa Clara County Flood Control and Water District recorded April 10, 1970 in Book 8885 of Official Records at page 541, Santa Clara County Records; Thence from said POINT OF COMMENCEMENT, along the northwesterly and northeasterly lines of said parcel of land described in said Deed from Winchester Drive-In Theatre, Inc., the following two courses: 1. North 61056'09" East, 92.71 feet; 2. From a tangent bearing of South 82035'04" East, along a curve to the right having a radius of 45.00 feet through a central angle of 28030'57", for an arc length of 22.40 feet; Thence South 11024'59" East, 1.32 feet to the TRUE POINT OF BEGINNING; thence South 11024'59" East, 7.47 feet to the beginning of a curve to the left, from which the center bears North 78035'01" East, 500.00 feet; thence Southeasterly, along said curve, having a radius of 500.00 feet, through a central angle of 00051'44", for an arc length of 7.52 feet; thence North 78035'01" East, 9.56 feet to the beginning of a non-tangent curve to the left, from which the center bears South 60014'11" West, 45.00 feet; thence Northwesterly, along said curve, having a radius of 45.00 feet, through a central angle of 22003'07", for an arc length of 17.32 feet; thence South 78035'01" West 1.17 feet to the TRUE POINT OF BEGINNING. Containing 90 square feet or 0.002-acre of land, more or less. Document No. 9257-2.01, 15.02 PARCEL B COMMENCING at the most westerly comer of that parcel of land described in the Deed from Winchester Drive-In Theatre, Inc. to Santa Clara County Flood Control and Water District recorded April 10, 1970 in Book 8885 of Official Records at page 541, Santa Clara County Records; Thence from said POINT OF COMMENCEMENT, along the northwesterly and northeasterly lines of said parcel of land described in said Deed from Winchester Drive-In Theatre, Inc., the following two courses: 1. North 61056'09" East, 92.71 feet; 2. From a tangent bearing of South 82035'04" East, along a curve to the right having a radius of 45.00 feet through a central ~gle of 28030'57", for an arc length of 22.40 feet; Thence South 11024'59" East, 1.32 '~eet; thence North 7803?'Ol" East, 38.81 feet to ~e TRUE POINT OF BEGINNING; thence North 78035'01" East, 6.19 feet; thence South 11024'59" East, 7.47 feet to the beginning of a curve to the left, from which the center bears North 78035'01" East, 455.00 feet; thence Southeasterly along said curve, having a radius of 455.00 feet, through a central angle of 00056'52", for an arc length of 7.53 feet; thence South 78035'01" West, 9.18 feet; thence North 00023'14" West, 15.28 feet to the TRUE POINT OF BEGINNING. Containing 115 square feet or 0.003-acre of land, more or less. Said easement shall include the right to construct, reconstruct, inspect, maintain, and repair a concrete vehicle pad and appurtenant structures, together with the right to trim or remove such trees or brush within the easement area as may constitute a hazard to persons or property or may interfere with the use of the said area for the purposes granted. It also shall include the right to enter upon said land with vehicles, tools, implements, and other materials, take therefrom and use, earth, rock, sand, and gravel for the construction, maintenance, and repair of said concrete vehicle pad and appurtenant structures by said District, its officers, agents, and employees and by persons under contract with it and their employees whenever and wherever necessary. Also excepting therefrom a water pipeline easement described as follows and identified on Exhibit C attached hereto and made a part hereof: All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, being part of the South 1/2 of Section 35, Township 1 South, Range 1 West, M.D.M., described as follows: COMMENCING at the most westerly comer of that parcel of land described in the Deed from Winchester Drive-In Theatre, Inc. to Santa Clara County Flood Control and Water District recorded' April 10, 1970 in Book 8885 of Official Records at page 541, Santa Clara County Records; Document No. 9257-2.01, 15.02 Thence from said POINT OF COMMENCEMENT, along the northwesterly and northeasterly lines of said parcel of land described in said Deed from Winchester Drive-In Theatre, Inc., the following two courses: 1. North 61056'09" East, 92.71 feet; 2. Southeasterly from a tangent bearing of South 82035'04" East, along a curve to the right having a radius of 45.00 feet through a central angle of 28030'57", for an arc length of 22.40 feet; Thence South 11024'59" East, 8.80 feet; thence Southeasterly along a tangent curve to the left, having a radius of 500.00 feet, through a central angle of 05039'42", for an arc length of 49.41 feet; thence Southeasterly along a reverse curve, having a radius of 115.00 feet, through a central angle of 00057'04", for an arc length of 1.91 feet to the TRUE POINT OF BEGINNING; thence continuing along said curve, having a radius of 115.00 feet, through a central angle of 10002'02", for an arc length of 20.14 feet; thence North 84058'54" East, 45.01 feet; thence along a non-tangen~ curve to $e left, from which the ~enter bears South 84012'33", West, having a radius of 160.00 feet, through a -eentral angJe of 07011' 15", for an, arc length of 20.07 feet; tl).ence South 84058'54" West, 45.61 feet to the TRUE POINT OF BEGINNING. Containing an area of 905 square feet or 0.021-acre of land, more or less. Said water pipeline easement shall include the right to construct, reconstruct, inspect, maintain, and repair pipelines and appurtenant structures, together with the right to trim or remove such trees or brush within the easement areas as may constitute a hazard to persons or property or may interfere with the use of the said area for the purposes granted. It also shall include the right to enter upon said land with vehicles, tools, implements, and other materials, take therefrom and use, earth, rock, sand, and gravel for the purpose of excavating, widening, deepening, and otherwise rectifying the water pipeline and for the construction, maintenance, and repair of said water pipelines and appurtenant structures by said District, its officers, agents, and employees, and by persons under contract with it and their employees whenever and wherever necessary for water pipelines and appurtenant structures. District shall also have the right to mark the location of said described area by suitable markers, but said markers shall be placed in fences or other locations which will not interfere with any reasonable use City of Campbell shall make of said strip. . See Resolution No. 99-26 attached hereto as Exhibit "0" \ r..~,". ! /' .-' ".\ \ ' (j1 6=28.)057 ,=C;-" L'n-U ..... , ~-_.) I . L;') :..... R=45.00 ~k=45 00' ~ L=22.~,O' \' '., ..;. Sc2',3S' -_ ~=41.EI r-- - -2..,4 ~n, \ \ /': \ T.F~O.E. ~ Nv"24'59"W : o:,~;..-/ 8.80' ~~Cl~/ ^-O:::"-C'L?" r .":)~\ L~ o.J.)_ .- ~>g'1.1 R=500.00' // L=49.4i' \F,O.C. L=ic'40'LS" F-= i i :,00' -:-A~EA i 'C s; 1- -:-f..REA 3 c:.~"" c::- --", -:- ;'.REA 4- loa c::- -..~~EA 2 e::::; s; F~=~!C ,- AREA EiES s; _I. Av~l'lL y 3 ,..,. ~Ir' . - C- "/AV ::: ..::.!~~ r\,u'-~I :- 1 I ,..,/ :.;":';-- c;,.....- (--. - 0 - 2-IC_) ;;;- ...., C~IC .:-:. , "." '~A""'" 2 j/ /1).... r. . "1'(_.,, . '/ .., .,.....~.L-.. .' ~.:5/":,:: ilC_~'Joo7 _ LVi .~:\= c: .. J /: . '; -L;:' :::.;:' .,.:... _- ._.~I..J :> : ~ ~ :;<~/: /~L/. / ;...::::/ / '/'~~;'// / , / ~:[ / /...;/ . - '\-1\"-" 0--: L:-.._" G::; t S . C . \7 , \r, D . ARE,~ SES'SO'OO"C: 20.00' LA:\DS OF S, C ,V, \V.D., L=~' ~!=' --. .- ^ t::~1 L~ L" - -::;'1-001 r.1 l'i . I - le. ~'l t'- ~-: NC: cl..': C ;--.. N :"'; 7.590 S.F. -:-- c .A.FN ~i 2-30-044 (--- ----,... ", ,....,.... -- """--~- l.3E) ,..... ~ ~, .....:..7";::.:::..-:::"~~ ..:;::- _ ~ .:.~l~~ r:-=;J ,,~,.,_ _~_'I..O.... f'-;::'-;' ~~~~~~..-':~ j" ,:.)/ ~7::-..'::' II ~... \~ ":;. // ... _ ...._._.l... -.."....,. = :: l .,-~.,..-)... 0,. \ '::... :: ~ ; It,:' 11.0':. ,r:,..L,;.. i -A \-~.:..~~~:;;t; J ~. -'/-..:-:'''-..o--'=- ~'" I ~ r;- ,-..L <:,C ,; ....a..,. ..1'" c;..'..-', .::- -::::c... - L.=~ i ''::7''::2'' ~. .o==<"'" ~ 7';- I , ---~,..: r;=~c70'CC ~,~. ":-. L -,... L-' ;--- ~~. =o~..o i;\ "iD~ Ot' 'NT ~ c : / \. -- --..." : - . - . . '......, \ CA \fPPE.LI ,.....'''~~ '(., \ ... ...:-'1 ..L.J '--: ~cja\ \ -; '7 \. TECHNOLOGY c: J y;'J \ . ~c:-:::v ":J' i '; "' p:i RK LLC ,"' J ! \ y.'.... .-- I \ '. \ "\ \ ' \ , \ -... \ ." .,. -, L 20' ;:;;G:-:I c.:: W;''( ~ " -c;- ~ c. L_L\NDS OF PRTERSPN ~ ~ '0 I ~ GRAPEIC SCALE 1 INCE = 40 FT. LANDS OF ZANARDI : : \ , sr.::::, i C~ -: ':"'t':'C-:: :..:. ;:-:r: :...,- HMH, Incorporated Civil Engine:rs ' P!.c.nnrrs . SU:-Jeyors l~iO OA)(LANO iiCAC. .S,;I;:: :C'J ;t.0. sex 611~1;:: ~A.'j ..x:so:. O.t.;,C,,!iIA !:~:51-:~:O (~ce) .e7-21':': 'AX; (ACll) ~e7-2::!:: PLA. T TO AC:OMP ANY DE5C~!:=IiCN FUEUC SffiE::T TO Tr.E C!TY OF C;"M~=:::...:" OVE~ L,~.NDS OF s::n,'C' f I Je:e: i./IU/'::':: :0<::-0: 1 = 4'" : r:.~r:: j~ \ \ LANDS OF WTA - CAMPBELL TECHNOLOGY PARK, LLC APN 412-29-007 6.\9' Ni i .24';?"'N 7.4 " . '52 ^ :::: 00 56 1 53' l> 0' L::::. R::::455.O ,"E.lR) N77.~~ :;-- ----. D. =00.51'44N R=500.00' L=7.52' LANDS OF S.C.V.W.D. APN 412-30-044 LANDS OF S.C.V.W.D. APN 412-31-001 W L02 f"')~ 2 o 21- Ou -w t)(/) W~ (/)""-.. ~ o 15 .30 ~j GRAPHIC SCALE 1 INCH = 30 FT. ..--- SHEET 1 OF 1 HMH. Incorporated PLAT TO ACCOMPANY DESCRIPTlON Civil Engineers. Planners.. SUT1Jeyors EXHIBIT 1l- 1\ 91,. ..~ 1:!. = 28'.30'S7" .~r6Q9 R=45.00: ~ro\ L=22.40 8885 OR 541 511'24'59"E ) 8.80' \ \ LANDS OF WTA - CAMPBELL \ TECHNOLOGY PARK, LLC APN 412-29-007 LANDS OF s.e.V.W.D, APN 412-30-044 6. =OS'.39'42" R=SOO.OO' L=49.41' LANDS OF s.e.V.W.D. APN 412-31-001 6. =00'S7'04" R=115.00' L=1,91' 6. =07'11'15" R= 160.00' L=20.07' 6 =10'02'02" R=115.00' L=20.14' ~'2~W~ ~ W L()Z n--.J Z o ZI- Ou I-W u(f) w~ (f)" o 15 .30 ~1 GRAPHIC SCALE 1 INCH = 30 FT. ..-- gAl SHEET 1 OF 1 HMH. Incorporated PLAT TO ACCOMPANY DESCRIPTION Civil Engimers. Planners' Surveyors ExHIBIT C tC;7n n.t.)(t.t.H[] RO.t.ll_ <:lilT;" 7QO DO NOT WRITE ABOVE THIS LINE Dated this I JfJJday of 1111 SANTA CLARA VALLEY WATER DISTRICT 1911 ~~1!:-=-- General Mana~er ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SANTA CLARA ?flv On this / oJ JF-~./~' 11.rtL<j ) SS ) day of /fJtuf ~erSOnallY appeared , in the year I i 7 7 . , before me ,5f~1 /11. UJ~ I NamelSI of :i'llnel\sl personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by this/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~ .... .- .- - - .... .-. .-. .-. .- .- .-. WITNESS my hand and official seal. - €I ~:,~~~ ;~~= ~ ~ d ~ i' NotaryPublic-CalifomJa I ~ Sonta Ciao County C . o'.'y u~ ~'arwi ,sa, au IV. ,:;- J _ _ _ ~~~~~~l CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. o Individual 0 Trustee(s) ~rporate Officer(s): /~ *7'1C/Y~ 0 Guardian/Conservator o Partner(s) 0 Limited 0 General 0 Other: o Attorney-In-Fact Signerds Represe.nting (Name of Person(s) or Entity(ieS~ ~~ cP;J/-cA J.~ (j1.;cw fJ . Exhibit "0" Zone: TJTT Project: Mc Glincv Pe..C'oblt"ion 5yst. Project No.: 9257-2.10,15.02 RESOLUTION NO. 99- 26 AUTHORIZING CONVEY A1'iCE OF INTEREST IN REAL PROPERTY BE IT RESOLVED by the Board of Directors of SANTA CLARA V ALLEY WATER DISTRICT as follows: 1. THAT the interests in real property of this District to be conveyed are described in "Exhibit A," so marked and anached heretO, and are not required for the uses and purposes of District; and 2. THAT the G~ner~l ~aI)..ag'~r be and is hereby authorized to execute and derive:- the deed of the District to the property as described in said Exhibit A to the City of Campbell within the said District. PASSED AND ADOPTED by the Board of Directors of SANTA CLARA V.-\LLEY WATER DISTRICT on April 6, 1999 by the following vote: AYES: Directors Zlotnick, Judge, Kamei, Sanchez, Gross, Estremera, '..1ilson NOES: Directors None ABSENT: Directors None SANTA CLARA VALLEY WATER DISTRICT By ~4';:,g La~' Chair/Board of Directors ATTEST: LAUREN L. KELLER CONFORMED COpy I. .. \ ~ ~ fSgg I ....m: ~ CMI E.'JS,n:eers . Plar.ners . surveycrs _. .' .... .4 "'" _4 -~ VVllham J. Wesner, K.~,t:. November 30, 1998 HMH 2332-02-31 Page 1 of 2 pages EXHIBIT "An PUBLIC STREET OVER LANDS OF SCVWD Real property situate in the City of Campbell, County of Santa Clara, State of California, being part of the South ~ of Section 35, Township 1 South, Range 1 West, M.D.M., described as follows: COMMENCING at the most westerly corner of that parcel of land described in the Deed from Winchester Drive-In Theatre, Inc. to Santa Clara County Fiood Control and Water District recorded April 10, 1970 in Book 8885 of Official Records at page 541, Santa Clara County Records;. . Thence from said POINT OF COMMENCEMENT, along.the northwesterly and northeasterly lines of said parcel of land described in said Deed from Winchester Drive-In Theatre, Inc., the following three courses: 11 North 61056'09" East, 92.71 feet; 21 From a tangent bearing of South 82035 '04" East, along a .c~rve to the right having a radius of 45.00 feet through a central angle or 28030'57", fcr and arc length of 22.40 feet to the TRUE POINT OF BEGINNING; 31 Thence from said TRUE POINT OF BEGINNING, continuing along said curve having a radius of 45.00 feet, through a central angle of 53014'03", fer an arc length of 41.81 feet to the south line of the North 10 acres of said Section 35; Thence along said south line, South 89050'00" East, 20.00 feet to the East line or said 10 acres; Thence along said east line, North 00023'14" West, 74.57 feet; Thence leaving said east line, South 11024'59" East, 39.22 feet; Thence along a tangent curve to the left having a radius of 455.00 feet, through a central angle of 05039'42", for an arc length of 44.96 feet; Thence along a reverse curve to the right having a radius of 160.00 feet, through a central angle of 16040'45", for an arc length of 46.58 feet; 2332LD TG. 00 1 1 <;70 Oakland Rcad, Suite 200 . p.O.60x611510. San.!cse, CA95161-1510. Te:(~e)A87-~CO. Fax:(~)~7-Z222 November 30, 1998 HMH 2332-02-31 Page 2 of 2 pages Thence South 00023'56" East, 103.27 feet; Thence along a 'tangent curve to the leh, having a radius of 160.00 feet, through a central angle of 11037'32", for an arc length of 32.46 feet to the southerly line of lands described in the deed to Santa Clara County Flood Control & Water District recorded in Book 4120 of Official Records at page 683, Santa Clara County Records; Thence along said southerly line, South 56055'00" West, 33.65 feet to the most southerly corner thereof; Thence along the westerly line thereof, North 00023'14" West, 95.90 feet to a southeasterly corner of lands conveyed by H.T. Petersen, et ux, to Santa 'Clara Valley Water Conservation District by deed recorded July 22, 1958 in Book 4128 of Official Records at page 429, Santa Clara County Records; . ~~~ Thence along the'soytherly lin'e of said lands, South '~8 0 28'00" ~:~, 19.98 fe.et; Thence leaving said line, North 00023'56" West, 58.17 feet; Thence along a tangent curve to the left, having a radius of 115.00 feet, through a ce:i~ral anale of 16040'45", for an arc length of 33.48 feet; -, Thence along a reverse curve to the right, having a radius of 500.00 feet, through a ce:itral angle of 05039'42", for an arc length or 49.41 feet. Thence North 11024'59" West, 8.80 feet to the TRUE POINT OF BEGINNING. Containing an area of 0.1880 acres, more or less; And generally shown upon Exhibit "B~ attached hereto and made a par1 hereof. 1332LDTG.OOt I, ACC:-:P"'~f) 'J:1 TH~S d:>-f!; d;y of ~ for ar: ~ 71 '1"~alf cf th9 City 0~ C'1~ a Mun:ci~al C')rpor~~i1n, of th~ S:1te of California, pursuant to Res'1!u'!J:1 No. 749, recorded in Book 4509 - U ~ County Records. Anne Bybee, City Clerk City of Campbell, California ; . : I ! . \ ", . RECORD WITHOUT FEE UNDER SECTION 6103 GOVERNMENT CODE OF THE STATE OF CALIFORNIA AFTER RECORDING RETURN TO: SANTA CLARA VALLEY WATER DISTRICT 5750 ALMADEN EXPRESSWAY SAN JOSE, CALIFORNIA 95118 SPACE ABOVE THIS UNE FOR RECORDER'S USE EASEMENT DEED (lNGRESSIEGRESS) DOCUMENT NO.: 9257-28 WT A CAMPBELL TE.CiI~OLOGY: PARK, LLC, a limit~d liability corporation of ~e State of California, hereinafter "Grantor," does hereby grant, convey and dedicate to the SANTA CLARA VALLEY WATER DISTRICT, a public corporation ("District"), an easement for the purpose of ingress and egress on, upon, over, and across that certain real property, in the City of Campbell, County of Santa Clara, State of California, described as: Being part of the South lh of Section 35, Township 1 South, Range 1 West, M.D.M., described as follows: COMMENCING at the most westerly comer of that parcel of land described in the Deed from Winchester Drive-In Theatre, Inc. to Santa Clara County Flood Control and Water District recorded April 10, 1970 in Book 8885 of Official Records at page 541, Santa Clara County Records; thence from said POINT OF COMMENCEMENT, along the northwesterly and northeasterly lines of said parcel of land described in said Deed from Winchester Drive-In Theatre, Inc., the following two courses: 1. North 61056'09" East, 92.71 feet; 2. From a tangent bearing of South 82035'04" East, along a curve to the right having a radius of 45.00 feet through a central angle of 28030'57", for an arc length of 22.40 feet; Thence South 11024'59" East, 1.32 feet; thence North 78035'01" East, 1.17 feet; to the' TRUE POINT OF BEGINNING; thence North 78035'01" East, 37.64 feet; thence South OO~3'14" East, 15.28 feet; thence South 78035'01" West, 26.27 feet to the beginning of a non-tangent curve to the left, from which the center bears South 60014'11" West, 45.00 feet; thence Northwesterly along said curve, having a radius of 45.00 feet, through a central angle of 22003'07", for an arc length of 17.32 feet to the TRUE POINT OF BEG~G. I C'nntainine 470 square feet or 0.01 I-acre of land, more or less, and generally shown upon Exhibit "A" . ~ ' I DO NOT WRITE ABOVE THIS LINE " The easement shall include the right to construct, reconstruct, inspect, maintain, and repair a channel, protection works, and appurtenant structures, together with the right to trim or remove such trees or brush within the easement area as may constitute a hazard to persons or property or may interfere with the use of the said area for the purposes granted. It also shall include the right to enter upon said land with vehicles, tools, implements, and other materials, take therefrom and use, earth, rock, sana, and gravel for the construction, maintenance, and repair of said channel, protection works, and appurtenant structures by said District, its officers, agents, and employees and by persons under contract with it and their employees whenever and wherever necessary for flood control or stonn drainage purposes, DatedthisJ~tn daYOf~ 19~ CkIm . _\1oVVtL ({;t J. \tV\u te-,) "JlL ~ rY'I/nv\aqY W'fA (l\bW\x~!n~1k.- Uc. ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SANTA CLARA 13)h ~J\"cbUJL- L- ) SS ) On this day of ~ ' in the ye~ ~ ' before me \) \ \ \ (1\)D~~rSOnallY appeared ---Bo VVlLYZ;\ ~elsl o~ J JTt ~SOna11Y known to me .. OR .. 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. --1U,~~.J;.;cw".;b~~~ J~' . .. MicHEl~E l. DllLABOUGH.~ - Comm. , 1179955 ,^ Ul. NOTARY PUBUC.CAUFORNIA ~ 1 Santi ClIII Coanty ... ... .' . My .cOID~ ~fir~ ~~J ~. ~OO~ l t CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. o Partner(s) o Limited o General o Trustee(s) o Guardian/Conservator s' Other: _MttY\~ "rf.~V" o Individual o Corporate Officer(s): o Attorney-in-Fact Signer is Representing (Nam~SOn(~) or Entity(ies) \ f\T\A r 11 m}lJ tfM r'\ Y\b Hl?f\} '\Ja {l,'\!v if I . "I. ~" . ..I. . DO NOT WRITE ABOVE THIS LINE CERTIFICATE OF CONSENT AND ACCEPTANCE This is to certify that the interest in real property conveyed by the attached Deed or Grant to Santa Clara Valley Water District is hereby accepted by the undersigned duly authorized agent on behalf of the Board of Directors of said Santa Clara Valley Water District, pursuant to authority conferred by Resolution No. 68-25 of said Board of Directors adopted on the 26th day of March 1968, recorded March 27, 1968, Book 8069, Page 535, Official Records of Santa Clara County, California, and the grantee consents to recordation thereof by its said duly authorized agent. 5/t~/q1 Dated: Santa Clara Valley Water District BY~~ Gener mager/a,.... uh.... Bv...J \Jf'DL~~u[:> I (Strike out inapplicable one) .\ . , \ \ LANDS OF WTA - CAMPBELL TECHNOLOGY \ PARK, LLC APN 412-29-007 \ fj. =28'.30'57" S~J5~E (ton) R=45.00' L=22.40' LANDS OF S.C.V.W.D. APN 412-31-001 o 15 .30 ~I GRAPHIC SCALE 1 INCH = 30 FT. Dote: :) Scdc 1= .._1 T.P .O.B. "( N78'35' 0' . . , w Lf)Z n.-l Z o Zr- Ou -W t)U1 W~ U1, LANDS OF S.C.V.W.D. APN 412-30-044 ~ SHEET 1 OF 1 HMH. Incorporated PLAT TO ACCOMPANY DESCRIP110N It:..:r 1'......:...,,-.,. JJ'n.".,,~. '~":rtJI!11nTS F'XHIBIT A DO NOT WRITE ABOVE THIS LINE CERTIFICATE OF CONSENT AND ACCEPTANCE This is to certify that the interest in real property conveyed by the attached Deed or Grant to Santa Clara Valley Water District is hereby accepted by th~ undersigned duly authorized agent on behalf of the Board' of Directors of said Santa Clara Valley Water District, pursuant to authority conferred by Resolution No. 68-25 of said Board of Directors adopted on the 26th day of March 1968, recorded March 27, 1968, Book 8069, Page 535, Official Records of Santa Clara County, California, and the grantee consents to recordation thereof by its said duly authorized agent. Dated: Santa Clara V alley Water District By: General Manager/Clerk of the Board of Directors I ' (Strike out inapplicable/one) I File: A/C Leases City of Campbell X-File: 9257-8 JOINT USE AGREEMENT SANTA CLARA VALLEY WATER DISTRICT, a public corporation, hereinafter referred to as "District;" and the CITY OF CAMPBELL, hereinafter referred to as "City;" AGREE this day of , as follows: RECITALS: A. District is the owner of certain real property (hereinafter "the Premises"), described on "Exhibit A" hereto, so marked and by this reference made a part hereof. B. Both parties- desire th~t this Agreement prov:ide opportunities for recreational use and facilities on' the real property owned by District at the McGlincey Percolation Ponds identified on Exhibit" A" (collectively referred to as "the Premises") as a secondary function to the primary function of said percolation ponds for recharge of the groundwater basin. C. District is vested with the authority to acquire, construct, maintain, operate, and install recreational facilities in connection with any facilities owned or controlled by the District. D. City is vested with the authority to construct, maintain, operate, and install recreational facilities. E. District's policy supports the use of its facilities for joint use by responsible agencies such as the City to provide and operate recreational use of District facilities. F. City and District agree to use the Premises for nonvehicular (except for maintenance, emergency, and enforcement vehicles) and recreational purposes as well as for water conservation purposes. G. City and District agree to coordinate their planning efforts. H. For and in consideration of the mutual promises, covenants, and agreements mentioned herein, and other good and valuable consideration, District hereby leases to City all of the property owned by District shown on Exhibit A for recreational purposes, excepting that property, if any, delineated by shading and cross-hatched upon said Exhibit A. I. The parties find it to be in the public interest to provide for joint use of the Premises by means of an Agreement thereof under the following terms and conditions: EXHIBIT C AGREEMENT: 1. District shall and does hereby grant penrusslon to City to use the Premises for bicycle/pedestrian trails and recreational use subject to the following special restrictions: . No swimming, boating, or fishing. . Adjacent City park use shall not substantially impact wildlife on the Premises. 2. City and District recognize the unique nature of the resources and recreational uses covered by this Agreement and the beneficial effects to both parties of providing these resources to the public. City and District resolve to utilize their respective offices to mutually support the efforts of each other to deliver such services to the public. City and District further agree to cooperate in order to resolve disputes and assist each other in responding to public inquiries arising from the activities of the parties or either of them. 3. City shall be responsible for graffiti abatement within the Premises. 4. The public pathway and corridor, the subject of this Agreement, may be patrolled by City personnel and ranger se~ices under contract with City and/or volunteers supervised by City. District shall have no obligation whatsoever to provide such services. 5. City shall be responsible for the removal and replacement of recreational improvements installed by the City in the event District is required to improve the McGlincey Percolation Ponds in any manner for water conservation purposes in the event a District project is needed. District shall involve City in preconstruction planning, as described in Section 7, to minimize District's project impact on City's improvements to the Premises. 6. Damage occurring to City's structures or paving by reason of District's reasonable and lawful maintenance or other activity or by reason of natural forces will not be the responsibility of the District to repair or restore. All costs for such repair or restoration are to be borne by City. 7. City and District shall meet whenever necessary for the purpose of scheduling routine maintenance including, but not limited to: . Maintenance issues related to improvements. . Method and timing of issues related to affected wildlife. . Nonemergency work requiring the use of heavy equipment, barricading, and/or restricting access to the Premises. District and City further agree to notify one another's designated representative as required prior to commencement of such work, in order to minimize public impacts. . In an emergency situation, District shall have rights provided in Paragraph 13 without consulting City. 8. Native plants selected by a licensed landscape architect with native habitat experience should be used for revegetation purposes. 9. Construction work during spring nesting season will be avoided whenever possible. The parties acknowledge that the spring nesting season occurs between February 1 and July 1. If construction must be done during the nesting season, a survey by a qualified biolC?gist must be undertaken to detennine the presence of nesting. If no nesting activity is reported, then the work may proceed. If nesting activity is reported, the biologist is expected to recommend the implementation of adequate mitigation measures. Environmental impact shall be considered prior to all work. 10. The parties shall cooperate to create and install signage which benefits the programs of each party such as warnings, entrance signage, interpretive signs, and joint uses when applicable. The General Manager of the District and the Director of the Parks and Recreation Department of the City or their designees shall meet and confer on a periodic basis to plan and install appropriate signage which serves the needs of both parties. 11. This Agreement shall be for a period of 25 (twenty-five) years beginning on the date it is approved by the District Board of Directors. City may, upon written notice to District of intent to do so, given not less than ninety (90) days prior to the tennination date, renew this Agreement for a like period upon the same terms and conditions. This Agreement may be tenninated by either party upon ninety (90) days:prior written notice to the other. Notice of intent to renew or to tenninate may be given by Director of Public Works for City. Notice of intent to tenninate may be given by the General Manager of District for the District. 12. City shall have the full control and authority, for purposes of this Agreement, over the use of the Premises, and City may restrict or control, regulate, and supervise the public use thereof. City may, in its uncontrolled discretion (but consistent with the right of District hereinafter described, and without substantial or hazardous diminution of the flood control or conservation function of the Premises as now existing or as may hereafter be altered), take any measures of every kind as may in the opinion of City be necessary for the safety of the users of the Premises for any lease purpose. Further, City shall have the sole responsibility for the maintenance in usable and safe condition of every facility provided upon the Premises for purposes of this Agreement. 13. District shall have the sole responsibility to maintain the McGlincey Percolation Ponds for water conservation purposes, to repair and reconstruct the same where necessary for such purposes and to perform such periodic maintenance as may be appropriate to such purposes, including removal of silt, debris, and obstructive growth. It is expressly understood that District is engaged in flood control and the conservation of water and that the terms and conditions of this Agreement must not in any way interfere with the absolute, free, and unrestricted right of District to operate and maintain for water conservation purposes the percolation ponds or any appurtenant works thereto, or to repair or construct any of its works, or to raise or lower the height of the water present upon the Premises; and it is further understood that nothing herein contained shall be construed as conferring a right upon City to have or a duty upon District to provide water upon the Premises at any time. Damage to District's facilities arising from use of the Premises under this Agreement shall be the responsibility of City except to the extent that the damages result from or arise out of willful misconduct of District. 14. 15(a). 16(a). It is also expressly understood by City that the level of water upon the Premises may fluctuate from day to day due to controlled or uncontrolled flows upon and across the same, and that such fluctuations may require greater control over the use of the Premises by City and the public; provided, however, that City shall be responsible for informing itself thereof and of all other conditions of the Premises whether open or covered which may in anywise affect the health and safety of the users of the Premises hereunder. City shall have the right to build any improvements on the Premises necessary, or convenient to the enjoyment of this Agreement, provided the location of any such improvement is, in each case during the term of this Agreement, first approved by District and signified by issuance of a District pennit. It is fully understood and agreed that District's basis of approval or disapproval of improvements is its responsibility to insure that the same shall not interfere with the use of the Premises for water conservation purposes, and does not in anywise extend to consideration of the health and safety of users of the Premises, which latter consideration is the responsibility of City. (b). Improvements built by City on the Premises shall remain the property of City and upon the terminatlQn of this Agr~ement shall be removed .by City, leaving the Premises in a condition as near as reasonably possible to their condition 'prior to such improvements.' If District, in the interest of health and safety and in the exercise of lawful powers, requires that such an improvement must be removed or relocated, the same shall be done at City's expense upon reasonable notice from District. City shall assume the defense of, indemnify and hold hannless, District, its officers, agents, and employees from all claims, liability, loss, damage, and injury of any kind, nature, or description directly or indirectly arising during the initial term of this Agreement, or any renewal thereof, resulting from the public use of the Premises pursuant hereto or from public use of adjacent premises of District occurring in consequence of City's or the public's use of the Premises or from acts, omissions, or activities of City's officers, agents, employees, or independent contractors employed by City, excepting claims, liability, loss, damage, or injury which arise from the willful or negligent acts, omissions, or activities of an officer, agent, or employee of District. This Agreement to defend, indemnify, and hold harmless shall operate irrespective of whether negligence is the basis of the claim, liability, loss, damage, or injury and irrespective of whether the act, omission, or activity is merely a condition rather than a cause. (b). District shall assume the defense of, indemnify, and hold harmless, City, its officers, agents, and employees from all claims, liability, loss, damage, and injury of any kind, nature or description directly or indirectly arising from District's exercise of its flood control or water conservation purposes on the Premises pursuant hereto or from acts, omissions, or activities of District's officers, agents, employees, or independent contractors employed by District excepting claims, liability, loss, damage, or injury which arises from the willful or negligent acts, omissions or activities of an officer, agent, or employee of City. This agreement to defend, indemnify, and hold harmless shall operate irrespective of whether negligence is the basis of the claim, liability, loss, damage, or injury, and irrespective of whether the act, omission, or activity is merely a condition rather than a cause. 17. Any and all notices required to be given hereunder shall be deemed to have been delivered upon deposit in the United States mail, postage prepaid, addressed to either of the parties at the address hereinafter specified or as later amended by either party in writing: City District City of Campbell 70 North First Street Campbell, CA 95008 Santa Clara Valley Water District 5750 Almaden Expressway San Jose, California 95118 18. This Agreement, and all the terms, covenants, and conditions hereof, shall apply to and bind the successors and assigns of the respective parties hereto; provided, that City shall neither assign nor sublet this Agreement without prior written consent of District. 19. This Agreement and any exhibits set forth all covenants, agreements, conditions, and understandings between City and District concerning the Premises. There are no covenants, agreements, conditions, or understandings, either oral or written, between the parties hereto other than he!ein set foI1h. WITNESS THE EXECUTION HEREOF the day and year first hereinabove set forth. SANTA CLARA V ALLEY WATER DISTRICT, a public corporation "City" By: Chair/Board of Directors "District" By: ATTEST: ATTEST: City Clerk Clerk/Board of Directors APPROVED AS TO FORM: APPROVED AS TO FORM: General Counsel City Attorney ! I Ii 11111 : U I ! ill! : I III IIII1 I ' 1\1/ : i Pi; I : 11 l i; i I LJJ I N W+E Exhibit A Sonia CIcw VaDey Wc:J.el Dishid 6 5750 Al.MAllEH EllI'ftfSSWAY SAN JOS~, CA 95n~1 s 1 \ ~ONFORMED ~OPl RECORDING REQUESTED BY Alliance Title Company AND WHEN RECORDED MAIL TO Doc# : 14849779 6/82/1999 3: 37 PM Name Alliance Title Attn: W. T. Miyahara Slreet 1732 North First Street Address Suite 420 City,State San Jose CA 95112 ~p , Order No. 00133735-007 -WM SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED OF ROADWAY EASEMENT THE UNDERSIGNED GRANTOR(s) DECLARE(s) City of Conveyance Tax is S Parcel No. 412-31-001.002021.022 Documentary Transfer Tax is $ None o computed on full value of interest or property conveyed, or, o full value less value of liens or encumbrances remaining at the time of sale FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF CAMPBELL REDEVELOPMENT AGENCY, a public body corporate and politic do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to Santa Clara Valley Water COrfVersation Dist.rict; Ida R. Petersen, trustee (If the Ida R. Petersen Living Trust dated June 21, 1990; James L. Zanardi and Randi J Zanardi, Co-Trustees of the Zanardi Living Trust dated March 29, 1990, as Amended; Marrone Properties, a California general Partnership the following real property in the city of CAMPBELL county of Santa Clara, state of California: ALL RIGHT TITLE AND INTEREST IN THAT CERTAIN 20 FOOT ROADWAY, AS DESCRIBED IN THAT CERTAIN DEED TO FRANK BILLINGS RECORDED SEPTEMBER 23,1908 IN BOOK 337 OF DEEDS PAGE 138, RECORDS SANTA CLARA COUNTY. THIS DEED IS BEING RECORDED PURSUANT TO THE CITY OF CAMPBELL AND IS TO QUIT CLAIM ROADWAY PURPOSES ONLY, ANY OTHER EASEMENTS FOR UTILITIES SHALL REMAIN, Dated: {2/d.V/99 STATE OF CALIFORNIA cJ,.. i n I,. (,- COUNTY OF ~(\~.~ y" '" On J ~ before me, mVW. B I bee. " } 5.5. a Notary Public in and for said County and State, personally appeared --Be {(y, rLiiL--SJyoj f)t.( personally known to me (or.prQ"id Ie FRS QR tR9 bJii€ sf i:Jtisr.ctGFY- ~ to be the person(sj-whose name(9t is/~ubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/~ authorized capacity(ies.)... and that by hislber/theiusignaturetst-on the instrument the person(st;-or the entity upon behalf of which th on(sr,acted, executed the instrument. i--~~~-~-~-~~-l @_ANNEEYBEE _ -. ,. Cornrn&lon' 1086504 i . -,,; Notay Pubic -Ccllfom!a ~ _'~ Santa Clara County i __ ~ '- _MY:O~ ~~':5~~ 1 Signature (This area for official notorial seal) , MAIL TAX STATEMENTS TO PARTY SHOWN ON THE FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE Name Street Address City & State quitclaim (rev. 07/17/98) '\ Jl CONFORMED r')pv ) ,- RECORDING REQUESTED BY Alliance Title Company AND WHEN RECORDED MAIL TO . \4M011\ \)oc" . 3'. 31 ~'" 6/02/ \ 999 Name Alliance Title Attn: W. T, Miyahara Street 1732 North First Street Address Suite 420 City,State San Jose CA 95112 Zip , ~ Order No. 98001631-007-WM ~ SPACE ABOVE THIS LINE FOR RECORDER'S USE ~ QUITCLAIM DEED FOR ROADWAY EASEMENT ~ If:, a!. Il.1 L.. <. ~ o eJ "".2 - ~ J- ~ ~ ~ ~ ~ lJl ~ ~ ~ THE UNDERSIGNED GRANTOR(s) DECLARE(s) City of Conveyance Tax is $ Parcel No. 412-31-021 & 22 Documentary Transfer Tax is $ o computed on full value of interest or property conveyed, or, o full value less value of liens or encumbrances remaining at the time of sale FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, John W. Petersen and Henry T. Petersen, successor trustees of the Ida R. Petersen Living Trust dated June 21 1990 do(es) hereby REMISE, RELEASE AND FOREVE"R QUITCLAIM to JAMES L. ZANARDI AND RANDI J. ZANARDI, CO-TRUSTEES OF THE ZANARDI LIVING TRUST DATED MARCH 29,1990, AS AMENDED AND MARRONE PROPERTIES, a 'California General Partnership the following real property in the city of Campbell county of Santa Clara, state of California: ALL RIGHT TITLE AND INTEREST IN THAT CERTAIN 20 FOOT ROADWAY, AS DESCRIBED IN THAT CERTAIN DEED TO FRANK BilLINGS RECORDED SEPTEMBER 23, 1905IN BOOK 337 OF DEEDS PAGE 13S, RECORDS SANTA CLARA COUNTY, THIS DEED IS BEING RECORDED PURSUANT TO THE CITY OF CAMPBELL AND IS TO QUIT CLAIM ROADWAY PURPOSES ONLY, ANY OTHER EASEMENTS FOR UTILITIES SHALL REMAIN. Dated: JtJ?r\;ltt(\.,) , ~ ,qqq I STATE OF CALI~NIA-ta (Art. COUNTY OF h VliL 00 I( br ~ j /qo/f bel,," me U1chx L, )~. '\)I~ ~ a Jiotary Public in and for said County and State, personally appeared (. nhn tV, \fA( x:seJ/\ } S.S. /l~ (/)~AA~ > - Job Petersen Successor Trustee of the Ida R. Petersen Living Trust dated June 21, 1990 personally known to me (or proved to me on e basis of satisfactory evidence) to be the person(s) whose name(s i subscribed to the within Instrume nd acknowledged to me t executed e same in hi 'r authorized capac s and that by his . sig ure~ on the instrument the person~, or the entity on behalf of which the perso~, acted, executed the instrument. ~ .MiCHELLE' L. DILLABOUGH~ (/).. Comm. , 1119955 ,^ NOTARY PUBUC.CAlIFORNIA VI , Santa ellra C.unty - My Comm. Explru May 4, 2002 ... WITNESmffid" ,,'I la,hovt- Signature l1R- l. W (This area for official notorial seal) MAIL TAX STATEMENTS TO PARTY SHOWN ON THE FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS 91RECTED ABOVE Name Street Address City & State quitclaim (rev 07/17/98) o I ' I 1- Q!.. (f /- ~ &. ~ "'...1 I- ~ ~ J ~ '- t=J. ~ ~ ~ 1.l1 ~ ~ l.u ~ ~ ~ A \;UNt'UHMt.U l;UJlT \ 0:":- \' RECORDING REQUESTED BY Alliance Title Company AND WHEN RECORDED MAIL TO Doc*i: 148413772 6/132/1999 3:37 PM Name Alliance Title Attn: W, T, Miyahara Street 1732 North First Street Address Suite 420 City,State San Jose CA 95112 Zip , Order No. 98001631-007 -WM SP ACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED FOR ROADWAY EASEMENT - THE UNDERSIGNED GRANTOR(s) DECLARE(s) City of Conveyance Tax is S Parcel No. 412-31-021 & 22 Documentary Transfer Tax is S D computed on full value of interest or property conveyed, or, D full value less value of liens or encumbrances remaining at the time of sale FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, John W. Petersen and Henry T. Petersen, successor ,trustees of the Ida R. Petersen Living Trust dated June 21 1990 do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to JAMES L. ZANARDI AND RANQI J. ZANAROI, CO-TRUSTEES OF THE ZA~ARDI LIVING TRUST DATED MARC.H 29, 1990, AS AMENDED AND MARRONE PROPERTIES, a California General Partnership the following real property in the city of Campbell county of Santa Clara, state of California: ALL RIGHT TITLE AND INTEREST IN THAT CERTAIN 20 FOOT ROADWAY, AS DESCRIBED IN THAT CERTAIN DEED TO FRANK BILLINGS RECORDED SEPTEMBER 23, 1908 IN BOOK 337 OF DEEDS PAGE 138, RECORDS SANTA CLARA COUNTY. THIS DEED IS BEING RECORDED PURSUANT TO THE CITY OF CAMPBELL AND IS TO QUIT CLAIM ROADWAY PURPOSES ONLY, ANY OTHER EASEMENTS FOR UTILITIES SHALL REMAIN. Dated: 1Vo("v\Ll~1 3: )qqC/ ~~~h~k- } s.s, STATE OF CALI~RNI~ COUNTY OF ctv\: ()Ll~ ~1~)<3,~~.~f, before me, v&;7 ~'f8Jf44'. Henry Petersen Successor Trustee a Notary Public in and for said County and State, personally appeared _t~VlY\1 T ~KQ~ personally known to me (or proved to me on W basis of satisfactory evidence) to be the person>S\ whose name~~ subscribed to the within instrument and acknowledged to me tha~she/they executed Qe same in@her/theirauthorizedcapacityveS)and that ~y is er/their signatureU) on the instrument the person~, or the entity pon behalf of which (he person}6'l, acted, executed the Instrument. WITNESS my hand and official seal. SignatureMhU.Ll1 L. ~,UaJ~ .I. A A A ., MiCHE"LLE "l, DiLLABOUGH ~ - Comm. , 1179955 Ul. NOTARY PUBUC.CAlIFORNIA ~ Santa Clara County '" My Comlll, Expires May 4,2002 (This area for official notorial seal) MAIL TAX STATEMENTS TO PARTY SHOWN ON THE FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE ; Name Street Address City & Stale quitclaim (rev. 07117198) ,>\CONFORMED COpy RECORDING REQUESTED BY Alliance Title Company AND WHEN RECORDED MAIL TO Doc# : 14848773 6/82/1999 3:37 PM Name ALLIANCE TITLE Attn; W. T. Miyahara Street 1732 North First Street Address Suite 420 City,State San Jose CA 95112 Zip , Order No. 98001632-007 -WM SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED FOR ROADWAY EASEMENT THE UNDERSIGNED GRANTOR(s) DECLARE(s) City of Conveyance Tax is $ Parcel No. 412-31-021 Documentary Transfer Tax is $ None o computed on full value of interest or property conveyed. or, o full value less value of liens or encumbrances remaining at the time of sale 1 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, James L. Zanardi and Randi J, Zanardi, Co-Trustees of the Zanardi Living Trust dated March 29,1990, as amended do(es) hereby REMISE, RelEASE AND FOREVER QUITCLAIM to MARRONE PROPERTIES,'a California gene,ral Partnership the following real property in the city of CAMPBELL county of Santa Clara, state of California: ALL RIGHT TITLE AND INTEREST IN THAT CERTAIN 20 FOOT ROADWAY, AS DESCRIBED IN THAT CERTAIN DEED TO FRANK BILLINGS RECORDED SEPTEMBER 23, 1908 IN BOOK 337 OF DEEDS PAGE 138, AND THAT CERTAIN 25 FOOT STRIP FOR INGRESS NO EGRESS RECORDED MARCH 20, 1957 IN BOOK 3755 PAGE 659 OF OFFICIAL RECORDS SANTA CLARA COUNTY. THIS DEED IS BEING RECORDED PURSUANT TO THE CITY OF CAMPBELL AND IS TO QUIT CLAIM ROADWAY PURPOSES ONLY, ANY OTHER EASEMENTS FOR UTILITIES SHALL REMAIN, Dated: JAo. V0h l ) qq ~ STATE OF CALlF@fWIA 4..-,... I' I/)l v-z^.. COUNTY OF ~Y\,l.r.'L GLV on_~'\i1ruh 3, }qqq before me, ~~ D11 ~PD v1fjL-. a ~otary Public in and for said Count~ and Sta:e, personally appeared ~a)ntc; L. ZCthrJ. rd I } 8,8. personally known to me (or proved to me on basis of satisfactory evidence) to be the person(S) whose name(s i subscribed to the within instrumenMnd ackr10wledged to me tha he l:leIthey executed )h~ s~~e in ~~ authorized capac s) and that by l::~~m~~ir signatur~ on the instrument the person,ffi, or the entity upon behalf of which the person;5), acted, executed the instrument. l ~IC~ElLE L. DiLli.B~UGH~ .. Comm.' 1179955 Ul. NOTARY PUBLIC. CALIfORNIA ~ , Sanll Clm County ~ . My Comm. Expim M,y ~\2~ WITNESS my ~and and official seal. Signature-l~L t r/t\1LlP L., D-ti ~I' ,.., to< offid,' ooto<I" '''') MAIL TAX STATEMENTS TO PARTY SHOWN ON THE FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE Name Street Address City & Slale quitclaim (rev. Oi/17/98) CALIFORNIA ALL.PURPOSa:: ACKNOWLEDGMENT County of On ~\O VVh ~ \~ ate personally appeared Yo. m i W,tu( Y\~ SC\X\ to... ~~ State of before me, I Name and Tille of Officer (e.g., "Jane Doe, Notary P Iic u. 2a.nt/\l~~ Name(s) of Signer(s) o personally known to me - OR - ~ved to me on the basis of satisfactory evidence to be the person(s) whose name(s~ subscribed).O-,tQe within instr.ument and ackno~ed to me that ~taey executed the ~am 'n ~hetr authorized capacity~, and that by , he tAetr slgnature(s) on the instrument the person(s), or e entity upon behalf of which the person(s) acted, executed the instrument. ..................... .... ... ~ X.MICHEllE l. DilLABOUGH ... Comm. , 1179955 '^ U). NOTAIlY PUBlIC. CALIFORNIA ~ 1 Slnl. Clm County ... .. .. I .. I .. My Comm. ~l~~ lI.y ~, ~~~ .. t WITNESS my hand and official seal. UA tA'\~J h. L \1uUGQ~~ L Signature of Notary Public ' OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document l1tle or Type of Document: @UXdCUlil Orul -ffx-- R.O?d~ fuStVVlt~ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: C 1994 National Notary Association. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Call Toll-Free 1-800-876-6827 e~NFORMED COF. /....- RECORDING REQUESTED BY Alliance Title Company AND WHEN RECORDED MAIL TO Doctl: 1 484077 4 6/02/1999 3:37 PM Alliance Title Attn: W, T, Miyahara 1732 North First Street Suite 420 c.',y.Stat. San Jose, CA 95112 Z:p 'Ume Street ~dd(e5 5 Order'la. 00133735-007 -WM SP.-\CE ABOVE THIS lNE FOR RELORDER'S L'SE QUITCLAIM DEED OF ROADWAY EASEMENT THE UNDERSIGNED GRANTOR(s) DECLARE(s) City of Conveyance Tax is S Parcel No. .. __ ... 412-3'-DI ~2J)2-I ,,~ I I , Documentary Transfer Tax is S None o computed on full value of interest or property conveyed. or. o full value less value of liens or encumbrances remaining at the time of sale FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WTA Campbell Technology Park LLC, a California limited liability company do(es) hereby REMISE, ~ELEASE AND FOREVER QUITCLAIM to Santa Clara Valley Water. Consu{ation D.istrict; Ida R. Petersen, trust~e of the Ida R. Petersen Living Tru.st dated June 21, 1990; James L. Zanardi and Randi J Zanardi, Co-.Trustees of the Zanardi Living Trust dated March 29, 1990, as Amended; Marrone Properties, a California general Partnership the following real property in the city of CAMPBELL county of Santa Clara, state of California: ALL RIGHT TITLE AND INTEREST IN THAT CERTAIN 20 FOOT ROADWAY, AS DESCRIBED IN THAT CERTAIN DEED TO FRANK BILLINGS RECORDED SEPTEMBER 23,1908 IN BOOK 337 OF DEEDS PAGE 138, RECORDS SANTA CLARA COUNTY. THIS DEED IS BEING RECORDED PURSUANT TO THE CITY OF CAMPBELL AND IS TO QUIT CLAIM ROADWAY PURPOSES ONLY, ANY OTHER EASEMENTS FOR UTILITIES SHALL REMAIN. Dated: 4-/ h.. ~ (p f I Cj q Cj STATE OF CAL~ COUNTY OF .(.. 4- } s~~gyP"k LLe ....... Howard J. White, 111 Trustee of the Howard and Carolee White February 1986 Trust. Manager a Notarj Public in and for said CountY.. and State, personally appeared l4<A) (1,\ t~ ~. uJ --iLL I --rrc --bi:LuJu ~------------J IRENE C, O'DONNEll a Commission # 11762~ ~ .e. . Notary Public - California t z - i .' Santo Claro County f . tJt.t Comm. Expires wa 14, 2002 -----------.......---- pcrsel'l!llll :(A8"'~ :&--me (or proved :0 me on~. e basIs of satisfactory ~,,'dence.1 to be the person~l whose name," 1s't re sucscribed to the Within ;nstrumen~d acknowledged to me :ha n Isr.e/they exec:.ited *' same 'n @3!herlthe!r authOrized capacity(ies, and that '>Jy ~erithelr Slgnature~) .::>n the ,ns:rument the persontjp'. or the entity 'Joon cerlalf of which t~e oersonlK acted. ~xecuted thtf nstrument. WITNESS -ny :'land and offic:al seal ;') s";natl..re~~ r!- CJr/~1ILlf.Q_ . T"~;s ar~a :cr .:ffic:al ,;c:cr'al sea, MAIL TAX STATEMENTS TO ?ARTY SHOWN ON THE FOLLOWING LINE; IF NO PARTY SHOWN, MAIL 'AS DIRECTED ABOVE ! Name Str..t Addr.ss 1':1t"'/-l Stolte .,_ . _~, , ':~I!t::alrr. r~'J oJ' -:8 , -=- ":," \\Q CONFORMED COpy )/ '~ " . , 4840775 Doc~ . 7 PM /\999 3:3 6/02 Recording requested by: Alliance Title Company '" When recorded, mail to: MARRONE PROPERTIES 555 E. McGlincey Lane Campbell, CA 95008. Order No. 00133735-007-WM APN: 412-30-043 EASEMENT FOR DRIVEWAY PURPOSES AND MAINTENANCE AGREEMENT This Agreement is entered into on this 2. / :z~ , 1999 by and between WT A- Campbell Technology Park, L.L.C., a California Limited Liability Company, hereafter referred to as "Grantor, and Marrone Properties, a California General Partnership, hereafter referred to as l'Grantee." A. Grantor is the owner of certain real property situated in the City of Campbell, County of Santa Clara, California (hereafter referred to as "Parcell,") and more particularly described as set forth in Exhibit A, which is attached to this Agreement and hereby incorporated by reference. B. Grantee is the owner of certain real property situated in the City of Campbell, County of Santa Clara, California (hereafter referred to as the "Dominant Tenement,") and more particularly described as set forth in Exhibit B, which is attached to this Agreement and hereby incorporated by reference. C. Grantee desires to acquire certain rights of ingress and egress in that part of Parcell described as follows: a portion of Parcell and more particularly described as set forth in Exhibit C, which is attached to this Agreement and hereby incorporated by this reference (hereafter referred to as the "Servient Tenement.") 1 I I Grant of Easement 1. Grantor grants to Grantee an easement, on the terms and conditions set forth in this Agreement. Character of Easement 2. The easement granted in this Easement is appurtenant to the Dominant Tenement. Description of Ea&ement 3. The easement granted in this Agreement is an easement for driveway purposes only. For purposes ofiliis Agreement, "driveway purposes" means use for and by moving vehicular traffic for purposes Of ingress and egress. These driveway purposes do not include parking. No parking shall be permitted on the Servient Tenement. . . Term 4. The easement granted in this Agreement shall continue for so long as it is being used for the purposes described above. Exclusive Easement 5. Grantee's use of the easement granted in this Agreement shall be exclusive. Grantor shall not grant or assign to others any right-of-way or easement in the Servient Tenement. Maintenance of Easement 6. Grantee shall maintain the Servient Tenement in good condition and repair and be solely responsible for all costs and expenses related thereto. Agreement Nonassignable 7. This Agreement shall not be assigned. Any purported assignment of this Agreement or any interest in this Agreement shall be void and of no effect. 2 Attorney's Fees 8. If any legal action or proceeding arising out of or relating to this Agreement is brought by either party to this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorney's fees, costs, and expenses incurred in the action or proceeding by the prevailing party. Entire Agreement 9. This Agreement constitutes the entire agreement between Grantor and Grantee relating to the above easement. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by Grantor and Grantee, Binding Effect 10. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, ad11,1ini.strators, successors, and assigns of Grantor and Grantee. Executed on ~f """-2- ( 0 ,1999, GRANTOR C::;$;;~:;T: mpbell Technology Park, L.L.C. Howard J, White III Trustee of the Howard and Carolee White February 1986 Trust, Manager GRANTEE Marrone Properties, a California General Partnership By: /#.~ ~ A- , Anthony1. Morrone - B~e~~ --- By: By: ~~}\.DeJvL ACKNOWLEDGMENTS 3 EXHIBIT II All ..t ,~1 I LEGAL DESCRIPTION All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: PARCEL ONE: BEGINNING at a point in the Northwesterly line of McGlincey Road, 40 feet wide, as said road was established by Deed from Kate Laptalo, et al, to County of Santa Clara, dated August 25, 1947 and recorded October 14, 1948 in Book 1684 of Official Records, at page 75, at the point of intersection of said Northwesterly line with the quarter section line running Northerly and Southerly through the center of Section 35, Township 7 South, Range 1 West, M.D.B. & M.; thence from said point of beginning along the Northwe~erly line of McGlincey Road, North 56055' East 29.70 feet; thence leaving said Northwesterly line andnmning Ngrth 33005' West, 160.37 feet; thence parallel with the said Northwesterly line of McGlincey Road, South 56055' West 29.70 feet; thence South 33005' East 160.37 feet to the point of beginning and being a part of Section 35, Township 7 South, Range 1 West, M.D.B. &M. EXCEPTING THEREFROM that portion conveyed to the City of Campbell by Grant Deed recorded July 29, 1964 in Book 6600, page 557, Official Records, described as follows: A strip ofland 10.00 feet in width along the Southerly line of the lands of Forman Development Co., as said lands are described in the Deed of record in Book 1086, page 568, Official Records of Santa Clara County, California, said strip ofland lying Northerly of the Northerly line of McGlincey Lane, as the same exists 40.00 feet wide. PARCEL TWO: BEGINNING at an iron pipe set in the Northwesterly line of McGlincey Lane, 40 feet v..ide, as established by Deed to the County of Santa Clara, dated August 25, 1947, recorded October 14, 1948 in Book 1684 of Official Records, at page 75, Santa Clara County Records, distant thereon N. 56055' E. 29.70 feet from the point of intersection of said line of McGlincey Lane v..ith the 1/4 section line running North and South through the center of Section 35, Township 7 South, Range 1 West, Mount Diablo Base and Meridian; thence along said line of McGlincey Lane, N. 56055' E. 110.14 feet to a point at the most Southerly comer of that certain parcel ofland described in the Deed from Steve Laptalo, et al, to Oden Snowden, et ux, dated July 25, 1952, recorded September 18, 1952 in Book 2490 of Official Records, at page 105; thence along the Southwesterly line of said parcel so conveyed to Snowden, N. 33005' W. 135 feet to a point at the Northwesterly comer thereof; thence parallel with said line of McGlinceyLane, S. 56055' W. 23.58 feet to a po~t; thence S. 0025' E. 160.37 feet to the point of beginning, and being a portion of said Section 35, Township 7 South, Range 1 West, Mount Diablo Base and Meridian, and also being a portion of the premises shown upon the Map of Record of Survey filed for record May 10, 1950 in Book 27 of Maps at page 14, Santa Clara County Records. EXCEPTING TIIEREFROM the Southeasterly 10.00 feet thereof, as granted in the Deed from Albert M. Mandell, et ux, to the City of Campbell, a Municipal corporation, recorded December 18, 1964 in _ __ . . _ . _ __ L:''''l A -~~~ ----_. -- _...- --. -- --- .- . I EXHIBIT II B" -: I ~.;.,.WI ';::1:..~"C!;/ .' -. .. J' .w.J ... ! LEGAL DESCRIPTION All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: Beginning at a point in the Northwesterly line of McGlincey Lane, 40 feet wide, at the intersection thereof with the Northeasterly line of that certain parcel ofla,nd described in the deed from Kenneth R. Randell, et ux, to Richard S. B,ames, a single man, dat~d Febiuary 19, 1949, recorded March 1, 1949 in Book 1752 Official'Records, page 79, Santa Clara County Records; thence N. 56 degrees 55 minutes E. along said Northwesterly line or McGlincey Lane, 79.50 feet to the intersection thereof with the 1/4 section line, running North and South through the center of Section 35, Township 7 South, Range 1 W. M.D.B. and M., and said point also being the Easterly line of that certain parcel of land described in the deed from Elmer D. Koenig, et ux, to Kenneth R. Randell, et We, dated May 21, 1948, recorded June 8, 1948 in Book 1627 Official Records, page 272, Santa Clara County Records; thence N. 0 degrees 25 minutes W. along said Easterly line 92.24 feet to an iron pipe; thence leaving said line and running N. 87 degrees 28 minutes 19 seconds W. 269.38 feet to the most Northerly corner of the parcel so described in the deed from Randell to Barnes; thence S. 54 degrees 01 minutes 12 seconds E. along the Northeasterly line of the parcel so described in the deed to said Barnes, 251.09 feet to the point of beginning, and being a portion of the Southwest 1/4 of Section 35, Township 7 South, Range 1 West, Mount Diablo Base and Meridian. Surveyed in July 1954, by Edward S. Stafford, Civil Engineer, a copy of which was recorded on August 31, 1954 in Book 51 of Maps, at page 25, Santa Clara County Records. Excepting therefrom that portion thereof as conveyed to City of Campbell, a municipal corporation, by deed recorded September 11, 1961 in Book 6657, page 288, Official Records, and being more particularly described as follows: A strip of land 10.00 feet in width along the Southerly line of the land of Church of God of the Abrahamic Faith, as said lands are described in deed ofrecorded in Book 3791, page 487, Official Records of Santa Clara County, California. Said strip ofland lying Northerly of the Northerly line of McGlincey Lane, as the same exists, 40.00 feet wide. ARB No: 413-11-083 APNNo: 412-31-022 1M........'....... : .. 'i j '1 , ; ,.,." ( c~j ~"J ;,~J ,:~j ~;,~-j HMH, Inc\Jrporated Civil Engineers . Planners . Surveyors EXHIBIT "e" James T, Harper VVilliam J, Wagner, RC.E. February 16, 1999 HMH 2332-02-31 Page 1 of 1 pages EXHIBIT I~C" PRIVATE INGRESS AND EGRESS EASEMENT OVER LANDS OF WT A - CAMPBELL TECHNOLOGY PARK, LLC Real property situate in the City of Campbell, County of Santa Clara, State of California, being a portion of the Southeast Quarter of Section 35, Township 7 South, Range 1 West, M.D.B. & M, described as follows: Commencing at a point in the northwesterly line of McGlincey Lane, as said line was established by peed to the City of Campbell recorded July 29, 1964 in Book 6600 of Official Records at page 557., Santa Clara County Records, at the point of intersection of said northwesterly line with the quarter section line 'running North and South through the center of said Section 35; Thence along said quarter section line, North 00023' 14" West, 35.65 feet to the True Point of Beginning; Thence continuing along said quarter section line, North 00023'14" West, 44.71 feet; Thence North 630 41' 58" East, 2.28 feet to the beginning of a non-tangent curve to the left, from which the center bears North 63041' 58" East, 219.00 feet; Thence along said curve, having a radius of 219.00 feet, through a central angle of 060 45' 54", southerly, an arc length of 25.86 feet; Thence South 330 03' 56" East, 11.~7 feet; Thence South 560 56' 04" West, 24.88 feet; to the TRUE POINT OF BEGINNING; And generally shown upon Exhibit "D't attached hereto and made a part hereof. 2332LDDT.015 ~;:-;.;--.- .' o' r w If)~ 1")---1 Z , 0 I ZIF I gl~ utf) II ~I~ ~ I I LANDS q~ ZANARDI . APN 412-31-loh1 I I VR) I N6l41'5~"E ! 2.28' I , I PRiVATE GRAPHIC SCALE / 1 INCH = 30 FT. l"1 .q- o I o l"1 I N ~., .q-.. Z Q.. <( LANDS OF S.C.V.W.D. APN 412-30-044 LANDS OF BAT DEVELOPMENT APN 412-30-041 / ~# ~~~ /" i \;" 'tJ. ~C~~" /' G \;\<j>f? ~G/," LANDS F WT A - PBELL /' TEe LOGY PARK 412-30-042&043 571 McGLlNCEY LANE / HMH. Incorporated Civil Engineers. Planners. SUT/JeyOTS 1570 OAKLAND ROAD, SUlTE 200 P.o. BOX 611510 SAN JOSE. CAUFORNIA 95161-1510 (408) 487-2200 FAX:. (408) 487-2222 SHEET 1 OF 1 PLAT TO ACCOMPANY DESCRIPTION EXHIBIT 0 CITY OF CAMPBELL CAUFORNIA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~ ' State of California County of ~,("L,- (d~{l^- } ss ~, ' orr::!--<.--b. ,a. ~ I I '1 c-, 'i ,before me'~/L1 e e CJr {~"VlR~.J2 Date _~ Name,and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared .. ./) ~ rC S' ()) Jl.t.h I1..C Name(s) of Signer(s) o personally known to me ~proved to me on the basis of satisfactory evidence I' to be the person()Q whose name(~ ~are subscribed to the within instrument and acknowledged to me tha@'she/they executed the same in fhTh/her/their authorized capacity(ies), anYthat by @Zher/their signature~ on the instrument the persor}'ts), or the entity upon behalf of which the person(s) acted, executed the instrument. I" I' IRENE C. O'DONNELL ~ Commission # 1176243 ~ -ei. ' NQtory Public - California ~ i Santa Cloro County 1 Mt Comm. Expires t/a 14,2002 -.-.---.-.--.......---.-.---.--- ~ ~,.' ~ ~ ~~ , . " ~ ~ ~ ~.' ~ g ~ ~ I. I.... I' [. ~ I I I,' Place Notary Seal Above WITNESS my hand and official seal. ~~-' e o~IJn/YU?~ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached.)?ocument II agt.I?~0 Title or Type of Document: ~ /J O/1/Yl /-1ct.::j-M ~UAA. W l('rt-r.: f2<.l11A"!-.1.;-"" -t Md..L-U Ji;;;:~-V1 Document Date: ::j -< 1r, bl.. (0 I I '1 c1 <) Number of Pages: ~ Signer(s) Other Than Named Above: ~ Capacity(ies) C1't:d by Signe~ Signer's Name: -t A i)(~ cI - o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact ~Trustee o Guardian or Conservator o Other: ulJu-u -nL Top of thumb here Signer Is Representing: ~. Cl 1997 National Notary Association' 9350 De SotoAve., P.O. Box 2402' Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll-Free 1-800-876-6827 ,I I ,OJ I '1 1 J I ) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .~ County of 5 a.......~ (' ~o....(,CL }ss .~ I ,I I l State of California On \--oe...\o d.~h\qq9 ate personally appeared ,before me, MadG- 1-- N: 'tt\-Q...( Name and Title of Officer (e.g., 'Jane Doe, Notary Public") ( I J4 ~ c'"''\ ~ \'\ a. c'('on..l. 1 O-e.,^l'!>-e ~ y,,::,.HONL.. lc.."\re~c,\ ~",{O"(\: ~~~~~ I I I . ~ o Rersonally known to me rn(proved to me on the basis of satisfactory evidence [, i'" I 1...1 I I ~~k'~~~ ~'~~;~~E'R'.i ~ . CommiSSIOn #1124750 .. g . '. Notary Public - California g I., Santa Clara County .., MyComm. &xpires Jan, 2&, 2001 to be the person(~ whose name(~ is/a;e subscribed to the within instrument and acknowledged to me that ~/s~/they executed the same in hi's/h~/their authorized capacity(ies), and that by Ml/hEV7their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ,'1 ~ ' l l' Place Notary Seal Above WITNESS my hand and official seal. , ~ --i ~QCM.) Signature of Not ry Public ,OJ [, OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~ q ~e'N\.-c>.^,~ Document Date: ~ 0.,:)--- I ~ or \")'(" ~u-Q~a..1 ~U;(~a.s a.w.l ~V\.~,,-cu,....C.--1 C>(..SII ~............. 'I Number of Pages: 7 I Signer(s) Other Than Named Above: Top of thumb here 1 I I I 1 1 1 I J Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: ] ! -~ Prod. No. 5907 Reorder. Call Toll-Free 1-Il00-876-6827 to 1997 National Notary Association. 9350 De Soto Ave., P,O. Box 2402. Chatsworth, CA 91313-2402 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT f ,~.ll.1 ......, '1-l1\.lI.ll. State 0 '-'ru..... '-'I '''I~ County of SANTA CLARA On .Jl1.t\ffAl /g". tqqq before'me, ~L,,!l-;E~2..:r Siu ;TQ\A~~. DATE NAME. TITlE OF OFFICCR - E.G_ -JANE DOE. NOTARY PUBLIC" personally appeared C-+lf:;~ '11- k . .)>R,~E. G( , ..-. /'. NAME(S) OF SIGNER(S) o personally known to me - OR - LV proved to me on the basis of satisfactory evidence to be the person(,) whose name(f>) is/ew;.e subscribed to the within instrument and ac- knowledged to me that i1e/she/t.Re1 executed the. same in ~her/~ authorized capacity(i~, and that by ~/her/~ signature(i) on.the instrument the person(~), or. th~ entity upon behalf. of which the person(1) acted, executed the instrument. \' WITNESS my ~and and official seal. ~-~-. . , . 1-"-~~ ~ ~ ~ALBERT SIU~TOUNG~ t C31W m .:'J COMM. #1179431 ~ .~ i ~ ~.::,~ .... v NOTARY PUBLIC. CALIfORNIA '- ~.... V SANTA CLARA COUNTY r ~ ~ My Comm, Expires Apr, 10, 2002 t.> ~ ~.... ~ ) SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER [0"INDIVIDUAL o CORPORATE OFFICER . DESCRIPTION OF ATTACHED DOCUMENT EN;E.rt18J., Po(, <1:i.WEwA~ PIA R.P()H~~ -AA9 MA'4'-~Ae~ce ~eE:. TITLE OR TYPE OF DOCUMENT TITlE($) o PARTNER(S) o LIMITED o GENERAL 1 NUMBER OF PAGES o ATTORNEy-tN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVA TOR o OTHER: f~~ :J.b lqqg DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(SI Ofl ENTITY(IESI SIGNER(S) OTHER THAN NAMED ABOVE ~ '\ . I WHEN RECORDED RETURN TO: PACIFIC EJ BELL 34758 NORTH 1 ST STREET, ROOM 600 SAN JOSE, CA 95134 ATTN: TRACY RIG 1; RlW h'lEY , N UME Y N~~~DUE B' PA IFIC . \ A~Al A~~~~ />..~ \)Oc\\ . 999 ~ . 5/0~/\ APN: 412-29-007 RlC: 4C JOB: N2-1641U GEO: N2-84 LOC: PARCEL MAP BK: GRANT OF EASEMENT The undersigned Grantor(s) hereby grant(s) to PACIFIC BELL, Grantee, its successors and assigns, an EXCLUSIVE EASEMENT to construct, maintain, operate, inspect, repair, replace and remove such communication facilities as Grantee may from time to time require, (including ingress thereto and egress therefrom) consisting of installation of Controlled Environmental Vault with an attached Serving Area Interface and PGE power pedestal, cables, wires, conduits, manholes, electrical conductors, structures with' electronic communication equipment therein and associated paving, fencing, and other necessary fixtures and appurtenances related thereto; in, over, under and upon that certain real property in the City of Campbell, County of Santa Clara, State of California, described as follows: REAL PROPERTY SITUATE IN THE CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PART OF THE NORTH 10 ACRES OF THE EAST % OF THE SOUTHW3EST % AND PART OF THE SOUTHEAST % OF THE NORTHWEST % OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 1 WEST M,D.M, The Above Described Easement shall be located on the following portion of said property: SAID FACILITIES SHALL BE PLACED AS DESCRIBED ON EXHIBIT A, AND INDICATED ON EXHIBIT B, ATTACHED HERETO AND MADE A PART HEREOF. This legal description was prepared pursuant to Section 8730c of the Business and Professions Code. Grantor(s) also grant(s) to Grantee the right to trim such trees and other foliage and to cut such roots on said property as may be necessary for the protection of said facilities, Grantor(s) also grants(s) to Grantee the right to cut, fill or otherwise change the grade of said property and to place such drainage and retaining structures thereon, as Grantee may elect for the protection of said facilities, Grantor(s) also grant(s) to Grantee the right to receive commercial power service from the appropriate utility company serving the area together with the right for such utility company to place their respective service facilities upon and within said easement. Grantee shall be responsible for damage caused intentionally or by any negligent act or omission of Grantee, its agents or employees while exercising the rights granted herein, Executed this q'trY\ day of _~q,9~C\ 19~. WTA CAMPBELL TECHNOLOGY PARK, LLC B~ o~~ HOWARD J. HI I, TRUSTEE OF THE HOWARD AND CAROLEE WHITE FEBRUARY 1986 TRUST. MANAGER STATE OF CALIFORNIA } COUNTY OF~. &A~C'"\ } On 1:'uav,l, 10 , 19'1 'j, befure m...J t~ (l f)' ~/)-< ;ft' a Notary Public of the State of California, personally appeared, l~l..Jtt . ( "b, iii-: , proved to me on the basis of satisfactory evidence to be the person whose na~ subscribed to the within instrument and ~owledged to me tha~he executed the same ~er authorized capacity, and that by ~her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. IRENE C. O'DONNEll _@-.:.commiSSion#1176243z 1 _.. -. No'ory Puolic - California ~ z S?-, .... - .' Santa Clo'o County ., My Comm. Expires Mar 14, 2002 WITNESS my hand and official seal ~//~ (f O~~~Jl.-J Signature of Notary 2 HMH, Incorporated Civil Engineers . Planners . Surveyors James T. Harper William J. Wagner, R.C.E. February 26, 1999 HMH 2332-02-31 Page 1 of 1 page EXHIBIT "A" PACIFIC BELL EASEMENT Real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: An easement for utilities designated and delineated as "PAC BELL ESMT" (PACIFIC BELL EASEMENT) on that Parcel Map filed for record June 2 1 999 in Book ~, Pages ~ through ~, being a portion of Lot 4 as shown on said Parcel Map. 2332/ddt, 0 16 15700akland Road, Suite 200 . P,O, Box611510. San Jose, CA95161-1510. Tel: (408)487-2200. Fax: (408)487-2222 PRIVAlE DRIVEWAY ESMT, : P.U.E. & E.V.A.E. ~ LOT 4 J PARca MAP I I MAPS I J /~ =05'3~'161 I R=83.00 I / L""'S.09' " / SS3'38'34"E V 26.39' -- -- -... ......... " ......... " " . "- ..-. , I I I I , I EXHIBIT UBl1 PAC BELL ESMT ~ N53"38'34"W (l~ q" 26.00' ~Q ,,\ tV u\ \ '\0 y. 10' ~ ? V;; ')- ~ P,U.E. V'"~ \ 'P. ~ \ -'0 ~ \ ~ .~ '9-: o. \ ~ (" \ y ~ :..t. ~ \ '-1 U'. \ 50 I GRAPHIC SCALE 1 INCH = 50 FT. o 25 ~ -z. ~ ~ .' ~t-:) . U'. 010 0\.0 :II ~ HMH. Incorporated Ci1IU IngiNm · PI4nnIr. · SunJf1/orJ 1570 OAMLAND ROAO. ~TE 200 f1.0. 101 "1"0 $AM.lOSt. CALIf'CllIIA 15111-1510 (4CII) 487-2200 ,~ (401) 417-2222 SullomlU db. SHEET 1 OF' 1 PLAT TO ACCOt.tPANY DESCRIPTlON PACIFIC BElL EASMENT earn bell Calif&Vt\ic MAR u 4 ~~::I ~.~ mrr OT .~...,..., c-r...,,~ ( tJftTYTIttOW ~ ~ ,. :~:I:; ~~~;~~~go ." DOw >.LL ~ Zl% TBXII P1O:ID'%S1 / nu.~~. WTA <;AMPBELL TECl!NOLOGY PARK LLC ~ .~c1P&1('),,-"'--"-- uc! jlNTTED PACIFIC INSURANCE ~OMPANY , at luetr. are haJ.4 aDd ~S.mll' bGW14 _to the eou.~ o~ Santa eara. State 0' C&lltorllla. i~ th. 9.na1 '\dl of ONE HUNDRED EIGHTY- ONE THOUSAND TWO HUNDRED SEVENTY AND 00/100 dolla.n (S 181. 270.00 ) to ~ ~14 to th. ~U%1q- ot danu Clan. !tat.e ot CalUor-da tor wbtcm P&Tl'l.Il~. v.ll u4 tnlr to be JU4e, ww I>>b4 oUC'..lve., O~ h41r..' u~eor., ablaisu&1:.Ora.. .Dcoe..ora IIJld ...19'11. job.t!y ud .....~a..Ur" ~111l11 ttT th... pn...e." to UI1l.r1t pall"*DC ot t.be UX.. .ad .......1IIe.. fof' U. ~ 1-" 1999/2000 , Wh1c:h Are . 11.n but. IIOt payule ... p~i~ tor 1& '.ctto. 66491 of the Gow~llt ColSe of cbe 'tate ot C&11torllia. ne ClOIl4J.tiOA of the ~ o!ll1c;aUca iI .ucJl thael Jru:n1l'. the abctw ..... Pr11lGl.pa.1 iIlC.Ja4& to f11.e with ua leaordu of Suta Clara Cout:!' .. p&l'o.1 _&p. or tract "'1' llWBb.r Y2a1eh 1& C'1I'pf'e..IlU4 011 ~e taz roll. of SUU Clua COQer a. llaJ'c.l Ilusaber(.)t 412-29-007 JOID.n.s, ehar. u. ao 1!e1IS aqUAat ~ at;tbcUv!si.ofl or aar put: thereot for Wlpud .uc:.. aauney . llUaieipal or 10q&.1 t:~. or atlea1al ".....IIl.nt. coll.ct.d all tu... esc:e{'t. tu..e. or apeei&1 UI..~.t:. aot. ,..t. payal)l.. ~ WB%1E1~, the pro~i.iOAa o~ the Call~o~. Stat. 1a. r~ir. ebac this bo1lc1 ~ fU.d .1U the Ouk of Ui. !Soard ot lu.pervUOU of Iud Couty. JfOM ~, H the 1&14' ,dulpalC.) th&ll. PISY. or oaue to 1>>. pcaJ.4, Whe.n due. all taz... u.l all ap4e!a1 U..Sa2MU1:. Go~l.at:~ lilt. ~e., ~ich a.t the tifte of fU~ ..14 ~f ..n . U.1l ..".U.C .uc:h au!)41ddoll. or "1 part ~reo~, but uot. ~~ ,*~1. 01' for 1rbJ.0!l .. tax bill hat oat ~.Il pnpare4, t:h4IJL eh!. obU,aUo. shall e.... .e4 1>>- ..,,1d, oth.rwb. it ,21&.11 rdab in full torc. ne! eCfeat maell .dd taa-a". WZIJ.~ .lDelud. ItIOUACI ahoVll 011 th. r~lu .....aast: 1'011 n4 *.DY .~l.tM:Il.t&l 1'011. u. paid 1A fu.ll. bc:ludhq "r pe~c1.. aD4 utar..t iAcure4. It l~ .etloc 18 required to ueover d&tr thi. !lOAd.. ~ pncee.Un &.f:fotd.ed by it: .hal.l cover pa.y1Itent of rOlUoJ1Abl. at.tonwy's f.... n. lIr01l'ieiotsa of Seotion 2U5 of the C:1vil Code au Mt. a C:OJlcU.tJ.01l pr.Ge~t U U. sure t.y , . oblJ,qaUol1 he"U%1dar aAd are b.~~ "aJ..,&d by ~ .u.ty, I'H W1~' NXDl:Dr, Iud l'r~pa1 u4 tu4 hrety caule4 thb b01l4 to lie eucuted all th. 25TH day of F RU Y u-2.2-. TECHNOLOGY PARK LLC tt:tz at "- -.., u~ ~1~ANY U"JQUft-U..J'AC"1' l : PLAISANT )J)~USS or auun ~ 0 ON S I S INC. " . . 9NE MARKET. SAN FRANCISCO, CA 94105 PHOn lfO. qr mu:rr lld Sf \ 543-9360 Jron: I nw dq1&attsre(a) at t1M f~ ..s a,ae~ awl eM ..t:to~lA-bct ot Ue .uwty .use ~ .aboYl~ ~r. _ 1IOc.uy p411c u1D9 Qe taE1ll 011. ~ rlrY'Ctna ol thi. paqw. ACI;.pf:N by u. Cl.r'~ of th. ~&r4 ol 'vperv1.ara By Oeputr .~, . . Dat.C11 ;QIDr-DJ-r1Cr ~~ 0lI" P1lu S1"~ OF . ; C~OI" ) ) OA this day ot . 1t ~~or. ...~ tlle 1Ul44I'Sl~ed, & raotary 'QUe 3 ad tu .~cI Coger u.d. ltat. ,.no~ly qpeah4 ao.. ~ .. u a. the ,.no. vJa,o..' Dam. b suza.cdbe4 to the v!Q1a w~~ .. t:Ile .C1;oI'1l87'..i--r~ .t t.a. c:o~"Uo. u.4 .. SlInty !a .ucl lau...c, u4 acbov~4 to .. W1: he IUb.cr~c! the 11M. ot" _dd carpo~.t.io. Uee-eto AI Suetr, a.4 Jail CMI ..... as ~tto~y-la-taee. ~s say band ed orUcial ..al. S.t.guat:\I,n AU1s _~ .-.1 Mr.. . ~.............................................---.............~.........~...... ACD(lW~l or nnrcu~(S) IK1v.14ua1Ca) u Prudpala hrt:Da~~p .. ~iacd~ s::4a or .. ) COW'n' OF On ~ lSa]" ot , ~ll b.fol'. ..., e:s. 1m4udqud., .- Kotuy f1&bUc b A4 Irw .&LeI CQmley qd. SI;aU p.nGZlAlly awear.4 a.:d ,.r.o~y ~ to .. 0' provw4 to .. to be t.ba >>-l'a~ 1tbo.. aaae(l) iaatnannt ucl &ck2Iottl.q.. eut. oa ~. bui. Of ..tUfacto~ evUeac. nIJ.=-1bed.u ,cb. V~th!D eQcut.cl dl. au... WI'rJnSS lIlY !10M aDd official .e&1. ~!z uurr ..&1 )serD. S!~tu~. CQ~ncioJl .. Priac:i1*l sn.:n: or ) cotnrn' 01' OD t.1U.. ~7 01 ~ l' J1.fo,.. ... t1w IUIclndp.cL . .o~U7 Pu2J1!c.La ud for add Cowaty aa4 Stab ,.n0ll&111' appeU',d u4 Jer.oully bow tD _ 01' pl'~d ~ .. oa ~ but. ot .~tbtac~o~ .v1cs.~. to be t.b peno.. "110 ...bUd tJM ric.lU.la l'utD.....t".....' ' h.l.I.u.~ U4 S.ar.cary oa ~l'o' ~ c:oJp4l'aeJ.o. tll.....t..a ~" Uc1 ~v.18dq.d to .. ~e .lIck ClorponUoG ~aut:.cl dw vi~ !1utl'WNa~ VursuaA~ to ita b1'-lav. 01' . r..olueloa at lea bo&ri1 of dir.eeol'a. W4~S ~ b&Qd aDd o~tlcl.~ ..&1. ~ 1IOt:~ ..&1 Il.~. S1911atg.ce _ CALIFORNIA ALL.PURP~~E ACKNOWLEDGMENT State of California County of San Francisco On FEBRUARY 25, 1999 before me, DATE DONNA 1. WELSH NAME, TITLE OF OFFICER - E.G" "JANE DOE, NOTARY PUBLIC' personally appeared LAURA L. PLAISANT NAME(S) OF SIGNER(S) /Xl personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, OPTIONAL Though the data below is not required by law, it may prove valuabie to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) o PARTNER(S) o LIMITED o GENERAL !Xl ATTORNEY-iN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(Sl OR ENTITY(IES) DATE OF DOCUMENT THE SURETY COMPANY SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL.PURPO, .. ACKNOWLEDGMENT State of C (11 t fu Yn \ OJ County of (~O ("teL C laXT~ On \~ \.0 vth D~I, \q 04- before me, personally appeared V (? h l.MICKEllE l. DlW-lOu;K1: _ Comm. , 1119955 Ul Ul IIOT ARY PUI.IC. CAUfORllIA - s.ta Clara C_ _ ~_ My CemI, Expirll Mal ., 2002 ..t ErPersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: CblAn:nA n9 SC\rlt~ ClaVCl SlGW,VISiOn joJ Bcrd \ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Corporate Officer TItle(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER o Individual o Corporate Officer T1t1e( s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: C 1994 National Notary Association. 8236 Remmet Ave.. P.O. Box 7184' Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 .: I =-:r'1113:11 a JI......... lIIIIi Ill'j 1::::1 ~..: '........'.11.1 .,1:1 :::I.. :"'11 =(et :['111 ~ I..... ..",'j: I.. =- :1"~:I: REtIANtE' SURETY COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYlVANIA .POWER OF A TIORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the taws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations dUly Of9an.undeJt\lelaws.of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under"the I~oftfle State of WISconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby' make.con~and appoint Laura L Plaisant. Kathleen Earte, Marta L Sasai, Michael B. McGowan, Steven N. Passerine, of San Francisco, California' ttleii' true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attomey(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII ' EXECUTION OF BONOS AND UNDERTAKINGS I. The Board of OireclQn, the President, the Chairman of the Board, any Senior Vice President, any Vice President or AuistaOl Vice Presideot: or other officer desigDaIed by the Boord of DiRchlrs .baIl have po....r and alllhority to (al appoint Attorney(a)-in-Fact and to authorize them 10 execute on behalf of the Company. bonds and undenakings. rc:cognizances, c:ontrlIClS of indenulity and other wriliDp obIip!Qry in the nalUre thereof, and (b) to remove any such Attorney(.)-in-Fact at any time and revoke the power and authority given to them. 2. Altomey(a)-in-Fact sball have power and aulbority, subject to !be _ and limilalKms of tbe Power of Attorney issued to them, to ex_rc and deliver on behalf of the Compaay. booda and undertakings. recognizaJlc:eJ, conllllCts of indemnity and other writings obIigarory in the namre tbereof. The axporaIC seal is IlOl necessary for the validity of any boncb and under~ recOJllizancea, COIIlraI:ll of indemnity and other writillp obliplOty in the I1lIl1Ire tl1eRof. 3. Anorney(.)-in-Fact sball have power and authority to enculC affidavits requireclto be attached to bonds. rec:ognizanees. 00_ of indemnity or other conditional or obJipoory undenakings and tbey shall abo have power and authorilY to certify rho financial .ta......nt of the Company and 10 copies of the By. Law. of rho Company or any article or section rhoreof. This Power of A_noy i. siBDOd and scaled by facsimile under and by alllhority of the following resolution adopted by the Executive and Finance Committees of rho Boards of Directors or Reliance insw'ance Company. UnilCd Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent dated as of February 28. 1994 and by rho Executive and Financial Commitu:e or the Boord of Directors of Reliance S=ty CompalIy by UIWlimous C",*", dated as of March 31. 1994. .ResoIved that the signatures of sucb directors and offJCen and the scaJ of the ~ may be affoed to any such Power of AltDmey or any certifICates relaling thereto by fac:simile, and any .uch Power of AIlDrDey or certiflCalC bearing such fac:simile signatUres or facsimile seal sball be valid and binding upon the Company and any such Power so execulCd and ceniflCd by facsimiIc signatUreS and facsimile seal sball be valid and binding upoD the Company, in the c.-. wid>respeclto any bond or undemlting to wbich it is aaached.' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, thisDecember 21, 1998. STATE OF Washington COUNTY OF King RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY :Qtr4 t/, ~ } }ss. On this,December 21, 1998, before me, laura l. Wadsworth, personally appeared Mark W. Alsup, who acknowledged himself to be the Vice President of the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as suclt, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. . ~LL~ ,~' \~~J ry Public in and for the State of Washington --- Residing at Puyallup In witness whereof, I hereunto set my h~lnd and official seal. I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP- ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 25THdayof FEBRUARY year of 1999 ~\,' /'\. / ~~- .: I =- :"111 ~.'I =-.: I 1-... .1.11111 i'l)::1 ~..II IJ ~. 'll. ~ J-...., ~ .'1:... ~ [eJ p. '.',,'1-'.::1: II'; P":I~": [II..." .., ~ Jr':1 ~ rC't.:a ('.'4 I :l'.' o~'C"'At ~~.~ '\ .. .. "$0'- '" , , O~CHA\l'Q (, CITY OF CAMPBELL Public Works Department March 29,2000 Ken Neumeister Huettig & Schromm, Inc. 900 We1ch Road, Suite 10 Palo Alto, CA 94303-0854 Re: 535 Westchester Drive - TS 97-01 Campbell Technology Park - Permit 98-219 McGlincey Lane - Campbell Technology Parkway Intersection Signing, Striping, and Pavement Markings Dear Mr, Neumeister: We have reviewed the proposal submitted by HMH and attached are our comments on Sheet 9 of 22 for your review and comment. Please call me at (408) 866-2163 if you have any questions or comments. Very truly yours, .. t.h.~~ /C~ 0 Cruz s.~ez ~ Assistant Engineer Enclosures cc: BiII Helms, Land Development Manager Matthew Jue, Traffic Engineer Michelle Quinney, City Engineer Randy Westfall, Public Works Inspector H:\landdev\535west7Gd) 70 North First Street. Campbell, California 95008-1413 ' TEL 408.866.1150 . FAX 408.376.0958 . TOD 408.866.1790 LV O~.CAtI1 t~, ~4t ~ '" 1- ... 0<0 ' f).QoCH.\. \\" ~ CITY OF CAMPBELL Public Works Department February 23, 2000 Ken Neumeister Huettig & Schromm, Inc. 900 Welch Road, Suite 10 Palo Alto, CA 94303-0854 21G) Re: 535 Westchester Drive - TS 97-01 Campbell Technology Park - Permit 98-H-9- McGlincey Lane - Union Avenue Traffic Signals - Rejection of Materials Dear Mr. Neumeister: Per our telephone conversation of February 22, 2000, attached please find a memo to me from Tony Rucker, together with a controller cabinet punch list, both dated February 23, 2000. The rejected materials may be picked up from Tony Rucker at the City of Campbell Service Center, 290 S. Dillon Avenue, Campbell, CA 95008. Please contact Tony at (408) 866-2744. Please call me at (408) 866-2163 if you have any questions or comments. Very truly yours, fh/~~. ,/~. Cruz s;Gd;;;ez I / Assistant Engineer L.- Enclosures cc: Bill Helms, Land Development Manager Matthew Jue, Traffic Engineer Michelle Quinney, City Engineer Tony Rucker, Lighting & Traffic Signal Supervisor Randy Westfall, Public Works Inspector H:\landdev\53 5 west6Gd) 70 North First Street. Campbell, California 95008-1423 . TEL 408.866.2150 'FAX 408.376.0958 . TOO 408,866,2790 City of Campbell Union & McGlincey Controller Cabinet Punch List 2-23-2000 Controllers The security latches on the controller's telemetry cable connector do not mate with the Econolite controller. Video Detection Equipment Work has been done in this area, as pins 1 through 8 of the Video Processor Unit's TS-l harness are now correctly wired respectively to NEMA phases 1 through 8 of the controller. However, the cabinet print was not modified accordingly AND the following, as mentioned on the Punch List of 2-1-2000, still has not been corrected: Pins 9 through 16 of the Video Processor Unit's TS-l harness should have been wired respectively to the controller's expanded detectors 1 through 8. Instead, pins 17 through 24 of the Video Processor Unit's TS-l harness were wired to the controller's expanded detectors 1 through 8. I am rejecting the video detection items submitted by GAB for this project. Out of the 3 cameras, 2 are definitely "USED". Also, the Odetics Video Processor is for a TS-2 cabinet; it does NOT have the 37 pin connector that will work in the supplied TS-l cabinet. See below for more details. . Camera: Serial #983864 looks new . Camera: Serial #983859 looks used (bracket holes have washer marks, scratches on camera case) . Camera: Serial #987743 looks VERY used (bracket holes have washer marks, scratches on camera case and shield, band clamps oxidized) . Video Processor is for a TS-2 cabinet; it does NOT have the 37 pin connector that will work in the supplied TS-l cabinet. o~.c.t.-it . ~ ;:- ~~ ... .~ .;. ~~ ~ " RCH.\\l\J - , , "" CITY OF CAMPBELL Public Works Department November 4, 1999 Ken Neumeister Huettig & Schromm, Inc, 900 Welch Road, Suite 10 Palo Alto, CA 94303-0854 Re: 535 Westchester Drive - TS 97-01 Campbell Technology Park Permit 98-219 Water Services for Lands of Zanardi, 559 McGlincey Lane, Lands of Peterson, 563 McGlincey Lane Dear Mr. Neumeister: This letter is a follow-up to our letter dated October 22, 1999, and your response of that same date on the subject, On October 28, the City field located and field marked the two water service lines from the meters on the north side of McGlincey Lane to the lands of Peterson. The lines appear to be within the lands of Morrone, WT A, Zanardi and Peterson and not within the public right-of-way. Since they are not within the public street, we hereby withdraw our request to provide new water services from the new public street. Please accept our apologies for any inconvenience and call me at (408) 866-2163 if you have questions or comments. Very truly yours, Ot-t~-JI#-tn~WJ7 Cruz'S,&omez '1) Assistant Engineer l__ Cc: Michelle Quinney, City Engineer Bill Helms, Land Development Manager Matthew Jue. Acting Traffic Engineer Tony Rucker, Lighting & Traffic Signal Supervisor Randy Westfall, Public Works Inspector H:\landdev\windrin\ 111_ 41tr(mp) 70 North First Street. Campbell, California 95008-1413 . TEL 408.866.1150 . FAX 408.3760958 . TOD 408.866.1790 o~'C.4At {aQt ~~. 1- ..... .. ' f).t C H,\. ,,-" (.. CITY OF CAMPBELL Public Works Department October 22, 1999 Ken Neumeister Huettig & Schromm, Inc, 900 Welch Road, Suite 10 Palo Alto, CA 94303-0854 Re: 535 Westchester Drive - TS 97-01 Campbell Technology Park Permit 98-219 Water Services for Lands of Zanardi, 559 McGlincey Lane, Lands of Peterson, 563 McGlincey Lane Dear Mr. Neumeister: Per our conversations of the last few days, please proceed to install new water services to the lands of Peterson and Zanardi, As per our discussions, the existing private water service to the Peterson and Zanardi properties now longitudinally encroach within the public right-of-way and must be relocated. Please proceed with the installation of the new water services, Please call me at (408) 866-2163 if you have questions or comments. Very truly yours, f1~~;( ~ / Crui'5".) z - , Assistant Engineer .) Cc: Michelle Quinney. City Engineer Billl-lelms, Land Development Manager Matthew Jue. Acting Traffic Engineer Tony Rucker, Lighting & Traffic Signal Supervisor Randy Westfall, Public Works Inspector I-I:\landdev\windrin\ IO_221tr(mp) 70 North First Street. Campbell, California 95008-1413 . TEL 408.866.1150 . FAX 408.3760958 . TDD 408.866.1790 Santa aare Valley Weier Dislrid 6 TRANSMITTAL LETTER FeE 798 (07,10-98) Please reference the File Information and Subiect when makina a replv. To FILE INFORMATION (As Appropriate) Date Proj. Name Ken Neumeister 5/17/99 McGlincey Percolation System Heuttig & Schromm File No, Proj./Job No. Agreement No. 900 Welcb Road, Suite 10 9257-28 Palo Alto, CA 94304 Reach Name/No, Contract No. SU6iect McGlincey Percolation System We Are: 0 Enclosing 0 Referencing 0 Forwarding separately 0 Per your request dated: No. of eODies Description 1 Deed 9257-28 Page 2 o For your use o For your files o For your review and comments o Transmit copies to contractor o Other disposition as follows: o Reports o Finished drawings o Preliminary drawings o Specifications o Other o No exceptions noted o Make corrections noted and resubmit final file copy o Revise and resubmit o Rejected o Approval Sent by: 0 First Class Mail Comments o Other (specify): Please slip sheet revised page 2 into Deed 9257-28. The revised language reflects that the easement is for a concrete vehicle pad. Sender Deanna Fors he Signature of Sender cc: Title Associate Real Estate A ent i ~ DO NOT WRITE ABOVE THIS LINE Said easement shall include the right to construct, reconstruct, inspect, maintain, and repair a concrete vehicle pad and appurtenant structures, together with the right to trim or remove such trees or brush within the easement area as may constitute a hazard to persons or property or may interfere with the use of the said area for the purposes granted. It also shall include the right to enter upon said land with vehicles, tools, implements, and other materials, take therefrom and use, earth, rock, sand, and gravel for the construction, maintenance, and repair of said concrete vehicle pad and appurtenant structures by said District, its officers, agents, and employees and by persons under contract with it and their employees whenever and wherever necessary, day of 19 Dated this ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SANTA CLARA ) ss ) On this day of , in the year , before me personally appeared Name(sl of ~lQner(s) o personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public ,n and for said county and State CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. o Corporate Officer(s): o Trustee(s) o Guardian/Conservator o Individual o Partner(s) o Limited 0 General o Other: o Attorney-In-Fact Signer is Representing (Name of Person(s) or Entity(ies) FC,1016 (9/96) Sanla <lara Valley Waler DiSlricl(J TRANSMITTAL LETTER FCE 798 (07- 10-981 Please reference the File Information and Sub'ect when makin a re I . To FILE INFORMATION (As Appropriate) Date Proj, Name 5/17/99 McGlince Percolation S stem File No. Proj./Job No. Agreement No. Bob Kass Director of Public Works City of Campbell 70 North First Street Campbell, CA 95008 9257-2.01,15,02 Reach Name/No. Contract No. u Ject Mc Glincy Percolation System We Are: 181 Enclosing 0 Referencing 0 Forwarding separately 0 Per your request dated: No. of Copies Description 2 Revised Page 3, District's Quitclaim - Document No. 9257-2.01, 15.02 1 Original Agreemeement o Revise and resubmit o Rejected o Approval Sent by: 0 First Class Mail o For your use o For your files o For your review and comments o Transmit copies to contractor o Other disposition as follows: o Reports o Finished drawings o Preliminary drawings o Specifications o Other o No exceptions noted o Make corrections noted and resubmit final file copy 181 Other (specify): Delivery Comments Please slip sheet the attached revised page in the City's copy of the agreement and in the District's quitclaim deed prior to having both documents recorded. The easement language has been revised to reflect that the first easement reservation is for a concrete vehicle pad. Sender Deanna Fors the Signature of Sender ORlGiW.L ~; Z <". \'i bot' [;',! Title Associate Real Estate A ent cc: /en Neumeister, Heuttig & Schromm, Inc., 900 Welch Road, Suite 10, Palo Alto, CA 94304-1801 (w/revised pg. 3) Document No. 9257-2.01, 15.02 PARCEL B COMMENCING at the most westerly comer of that parcel of land described in the Deed from Winchester Drive-In Theatre, Inc. to Santa Clara County Flood Control and Water District recorded April 10, 1970 in Book 8885 of Official Records at page 541, Santa Clara County Records; Thence from said POINT OF COMMENCEMENT, along the northwesterly and northeasterly lines of said parcel of land described in said Deed from Winchester Drive-In Theatre, Inc., the following two courses: 1. North 61056'09" East, 92.71 feet; 2. From a tangent bearing of South 82035'04" East, along a curve to the right having a radius of 45.00 feet through a central angle of 28030'57", for an arc length of 22.40 feet; Thence South 11024'59" East, 1.32 feet; thence North 78035'01" East, 38.81 feet to the TRUE POINT OF BEGINNING; thence North 78035'01" East, 6.19 feet; thence South 11024'59" East, 7.47 feet to the beginning of a curve to the left, from which the center bears North 78035'01" East, 455,00 feet; thence Southeasterly along said curve, having a radius of 455,00 feet, through a central angle of 00056'52", for an arc length of 7.53 feet; thence South 78035'01" West, 9.18 feet; thence North 00023'14" West, 15.28 feet to the TRUE POINT OF BEGINNING. Containing 115 square feet or O.003-acre of land, more or less. Said easement shall include the right to construct, reconstruct, inspect, maintain, and repair a concrete vehicle pad and appurtenant structures, together with the right to trim or remove such trees or brush within the easement area as may constitute a hazard to persons or property or may interfere with the use of the said area for the purposes granted. It also shall include the right to enter upon said land with vehicles, tools, implements, and other materials, take therefrom and use, earth, rock, sand, and gravel for the construction, maintenance, and repair of said concrete vehicle pad and appurtenant structures by said District, its officers, agents, and employees and by persons under contract with it and their employees whenever and wherever necessary. Also excepting therefrom a water pipeline easement described as follows and identified on Exhibit C attached hereto and made a part hereof: All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, being part of the South V2 of Section 35, Township 1 South, Range 1 West, M.D.M., described as follows: COMMENCING at the most westerly comer of that parcel of land described in the Deed from Winchester Drive-In Theatre, Inc. to Santa Clara County Flood Control and Water District recorded April 10, 1970 in Book 8885 of Official Records at page 541, Santa Clara County Records; 1809deed 3 APR. 5.1999 10:36AM SC VALLEY WATER NO. 014 P.2 AGENDA DATE 4/06/99 AGENDA MEMORANDUM ITEM NO. 'if FCE10Zli /09017.97) GROUP Water Resources Mana~ent -N, Hsueh ZONE WU PROJECT NO. 920101 NAME Mc~lincv Percolation System (Campbell) SUBJECT: Proposed Agreement with WTA Campbell Technology Park, LLC. and Resolution Authorizing Conveyance of Interests in Real Property to the City of Campbell Parcels 9257-2.01,15.02 RECOMMErmATION: , I That the General Manager be authorized to execute the prQposed agreement in its final form and that the resolution be adopted. RATIONALE: C / / <...-7 In 1958 the District acquired a O. 718 acr~~g!tion of fee title right of w~'1 for the Me Gliney Percolation System and an access road thereto.~ 1969_f!1~,District acquu-ea._ac:i~n.El.frigbts olway for the percolation system in exchange for an mgreSS/egress easc;ment to the adjacent landoWl'1:er, Winchester Drive-In Theatre, Inc. to accommodate the proposed Campbell Technology Park and 4 acre City of Campbell Park on the fonnertheater site, a 8,189 square footj:portion of the District's access road can be quitclaimed to the City of Campbell because it is no lonier required as the District can continue to access its percolation facilities via the new public street, ~ampbell Technology Parkway. I The proposed conveyance helps to meet the Board's PrioritY Issue No. 1 d. 4., promote integrated water resource management; positive impact OD cities/county land development planning. SUMMARY: The property is shown on the attached map and plat. The adjacent property is being developed by WT A Campbell Technology Park, LLC. The developer has rc:q~ested that an 8,189 square foot j: portion of DistriCt right' of way be' conveyed to the City of Campbell for construction ofapublic street to meet the City's standards. This area excludes a 695 square foot:!:area (Area 2) which is to be quitclaimed to the District. The proposed agreement provides that the District will quitclaim its interest to the City of Campbell for public street purposes. In return. wr A C~pbc:ll !5=~~~~Ogy Park, LLC will reimburse the District for the cost of the property and will agree tQidditional conditidns such tha~ the District will remain whole with ~ct to its recharge operations, inetudingthe recharge function and facility maintenance. The property is located ill an industrial area of the City of; Campbell and the sales price of $43,000 is based on an independent appraisal. SETILEMENT: "-~~ 543,000 ~ 0402c ~~ ~ \\ 1-\ -g~t-.l\ Q.. }L\ ~\t:.. ~ tJ\~(,~ APR. 5.1999 10:36AM SC VALLEY WATER NO.014 P.3 I ; I I ' I : 1 I ~ I. I , I ""-: I I : ! i I .1 I1III ~I ~ , I I I ' DR ",.r __ -~ I I -'" I J ! - I --1 , I ---1 -i ~. , / -r ~ N + 9257-2.01, 15.02 Location Map 50* (bQ \otoIItyWaNr ~6. .....I,MOt...-- .__.CA"~U_ soo 0 500 Feet 1I.....,.,..,O'01'1l1"_~a.,. APR. 5. 1999J.Yl10: 37AML SC VALLEY Wl=lTER \: ./' oiDEVELOPMENT \ ~ / AGENCY A~~A' 1/ 0'2 '57"\ rJ) 6=28.JO, lF53'j 4'0.3" r-.. ... R=45.00, ~-45 00' If) L-22.40 " ~ ~2'J5'040t' ~;;41.81 ~ - -!!I'I. \ \ ~ n \ T.p)0.8.:t ~~4'59 W ~ ..~ 8.80' ';. ~ .r'\~ ..,., ~...~Q '\ 6=05 '39' 42" .. 5'1 ~~ 'R=500.00' g ./ ~-__ L=49.41' z ;; \P.O.C. AREA :3 S8g050'00"E 20.00' LANDS OF.' S,C.V.W.D, C:.= 16 '40' 45" R=115.00' L=33.4S' ::; APN 412-31-001 c.c. 101' ~ r-,-: N Nez: g Ii1 7.590 S.F. +- ~ z 20' R1Gr. T OF WAY (337 DE::DS , .'38) S8S'2S'90"W 19.98' LANDS OF PETERSEN o 20 40 ~: GRAPHIC SCALE 1 INCH : 40 FT. LANDS OF ZANARDI 'I""l S'" o o ~ Z i ..~ .1"\0 \ .~~ 'oJ g 1",0}> ~~~I . J ! \ I ~ I I: I : \ II 11 \ , \ i \ , \ I i \ EXHIBIT "8" Jal.. ~ 'c: ~ Ol<<Irc .... w: I).,. IlI!lC HMH. IncQrpora'ted Citlil Engineers ' Pltutnm . SUT1Jryon 1570 ClNCLAflO ROAD. SUIl'[ ;lac 11.0. !OJ: l!lT~10 S.AH.QSr, CAUrCl'!f1A I!Ul1-1~10 C~Olll ."'-2200 ,.~X: '~Oe) 4G7-:Z:ZZ2 ~O,014---P.4 PRIVA I~ S r. AREA 82e:5 SF r 88'6 a.R. 219 + AREA 1 +AREA 3 +AREA 4 -AREA Z PUELIC ST. AREA 19 SF" 540 SF 40 SF" ass SF" 8189 Si=" LANDS OF S.C.V,W.D, APN 412-30-044 r LANDS OF WTA - CAMPBELL TECHNOLOGY \ PARK, LLC X \ SHEET 1 OF 1 PLA T TO ACCOMPANY DESCRIPTION PUSUC STREET TO THE CITY OF CAMPBELL OVER LANDS OF SCVWO APR. 5.1999 10:37AM SC VALLEY WATER NO.014 P.5 Zone: UTT Project: Me: Gl1nc:v 'Il....t"n h 1"; Mn 5yst. Project No.: 9257-2.10,15.02 RESOLUTION NO. 99- AUTHORIZING CONVEYANCE OF INTEREST IN REAL PROPERTY BE IT RESOL YEn by the Board of Directors of SANTA CLARA V AllEY WATER DISTRICT as follows: 1. THAT the, interests in real property of this District to be conveyed are descnced in "Exhlcit ~r" so marked and attaChed hereto, and are not required for the uses and purposes of DiStrict; and 2. THAT the Ge1\et"al ~a1\a~erbe and is hereby authorized-to execute and delive: the deed or the District to the property as described in said E:d1ibit A to the City or CGrlDbell within the said District. PASSED AND ADOPTED by me Board of Directors of SANTA CLARA VALLEY WATER D[STRIcr on by the following vote: AYES: Directors NOES: Directors ABSENT: Directors S~'1TA CL.~RA VALLEY WATER DlSTRICT By Larry Wilson Chair/Board of DirectOrs ATIEST: ,LAUREN L. KELLER /' ~ ---/ Oe:kIBoard of Directors RE 1360 (J( 17(98) APR 41115. 19 " 10: 38AM I SC VALLEY WATER . nl'lIM, nCl....,.,UI c:lL~U .. ! OW' Engineers . PI8N · ~ .. !: - ... ., ".... ...... NO~~~.:l3 T, Hf..?- 'MDiam J. Wagner, RoC.E. ~ November 30, 1998 HMH 2332-02-31 Page 1 of 2 pages EXHIBIT II A. PUBUC STREET OVER LANDS OF SCVWO Real property situate in the City of Campbell, County of Santa Clara, State of California, being part of the South Y.l of Section 35, Township 1 South, Range 1 West. M.D.Moo described as follows: COMMENCING at the most westerly corner of that parcel of land described in the Deed from Winchester Drive-In Theatre, Inc. to Santa Clara County Flood Control and Water District recorded April 10, '970 in Book 8885 of Official Records at page 541, Santa Clara County Records; - ", . Thence from said POINT OF COMMENCEMENT, along the northwesterly and northeasterly lines of said parcel of land described in said Deed from Winchester Drive-In Theatre, Inc., the following three courses: ') North 61 056'OS" East, 92.71 feet; 2) From a tangent bearing of South 8203S'04" East, along a curve to the right having a radius of 45.00 feet through a central angle of 28030'57", for and arc length of 22.40 feet to the TRUE POINT OF BEGINNING; 31 Thence from said TRUE POINT OF BEGINNING, continuing along said curve having a radius of 45.00 feet. through a central angle of 5312 14'03", for an arc length of 41.81 feet to the south line of the North 10 acres of said Section 35; Thence along said south line. South 8912 SO'OO" East, 20.00 feet to the East line of said 10 acres; Thence along said east line, North 001223'14" West, 74.57 feet: Thence leaving said east line, South 11024'59" East. 39.22 feet; Thence along a tangent curve to the left having a radius of 455,00 feet. through a central angle of OSQ39'42", for an arc length of 44.96 feet; Thenee along a reverse curve to the right having a radius of 160.00 feet, through a central angle of 16Q40'4S", for an arc length of 46.58 feet; 2332LDTG.OOt 15iOOaldindAoad, 5*200. P.O. 8oJc1511S10. SanJclse. CA~H51-1.510 -Tel: (4CS)487-~. Fax:(408)AS7-2222 APR. 5.1999 10:38AM SC VALLEY WATER \( .. NO.014 P.7 November 30. 1998 HMH 2332-02-31 Page 2 of 2 pages Thence South 00aZ3'56~ East, 103.27 feet; Thence along a tangent curve to the left, having a radius of 160.00 feet, through a central angle of 11" 37'32", for an arc length of 32.46 feet to the southerly line of lands described in the deed to Santa Clara County Flood Control & Water District recorded in Book 4120 of Official Records at page 683, Santa Clara County Records; Thence along said southerly line, South 561155'00" West, 33.65 feet to the most southerly corner thereof; Thence along the westerly line thereof, North 00023'14" West. 95.90 feet to a southeasterly corner of lands conveyed by H,T. Petersen, et ux, to Santa 'clara Valley Water Conservation District by deed recorded July 22, 1958 in Book. 4128 of Official Records at page 429, Santa Clara pounty Records: . - ~.~ Thence along the southerly line of said lands, South 88028'OO"~, 19.98 feet; Thence leaving said line, North 00023'56" West. 58.17 feet; Thence along a tangent curve to the left, having a radius of 115,00 feet, through a central angle of 16040'45". for an arc length of 33.48 feet; Thence along a reverse curve to the right. having a radius of 500.00 feet, through a central angle of 05039'42", for an arc length of 49.41 feet. Thence North 11024'59" West, 8,80 feet to the TAUE POINT OF BEGINNING, Containing an area of 0,1880 acres, more or less; And generally shown upon Exhib'i~ "8~ attached hereto and made a parr hereof. :\~ .: 2:132tDTG.001 :2-~~Z--C~ ~. GOLDEN C-\L1FOR.'.;L-\ TITLE COMPA.'N V.....LLEy TITLE DIVISION PRELIMINARY REPORT - ac;.J / 5L:tlitJL xx- 300 South Rrst Street - San Jose, 95113 (408) 292-7150 _ 2160 South Bascom Avenue, Ste, 3 - Campbell, 95008 (408) 371-7891 - 2354 Alum Pock Avenue - San Jose, 95116 (408) 251,8S00 In the event of cancellation, a minimum charge of $300.00 will be made. If the escrow has not closed within 90 days from the date hereof, cancellation will ~ effected unless other provisions are made. /) /J;,[.o' I 4-\ v ESCROW NO. 206746 (PB) Datedasof July 24,1996 at 7:30 a.m. ESCROW OFFICER: Pete Borello In response to the above referenced application for a policy of title insurance GOLDEN CALl FORJ'.;IA TITLE COMPA.'N V.-'U.LEY TITLE DIVISION hereby reports that it is prepared to issue or cause to be issued, as of the date hereof, a Policy or Policies of Trtle 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 encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy fonns. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy fonns should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of mat- ters which are not covered underthe tenns of the title insurance policy and should be carefully considered- It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS 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 INSUR- ANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The fonn of policy of title insurance contemplated by this report is: 1. California Land Title Association Standard Coverage Policy 2. American Land Title Association Owner's Policy 3, American Land Title Association Residential Title Insurance Policy 4. American Land Title Association Loan Policy 5. Other Standard Coverage Extended Coverage VTC-216 (REV, 1/96) DK/ep 07-24-96 206746 page 1 SCHEDULE A 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: SANTA CLARA VALLEY WATER CONSERVATION DISTRICT 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, CITY OF CAMPBELL AND IS DESCRIBED AS FOLLOWS: (Cont'd on next page) 206746 page 2 PARCEL 1: Beginning at the most Northern corner of lands conveyed by Arthur R. and Bessie Whitehead to Jose T. and Elvira S. Angulo, by Deed dated October 30, 1957, and recorded October 31, 1957, in Book 3927 of Official Records, at page 274, records of Santa Clara County, California; running thence S. 330 45' W. and along the Western boundary of said lands 71.67 feet to the most Western corner thereof; thence to and along the Southern boundary of said lands S. 540 10' E. 149.18 feet to a point thereon; thence leaving .said boundary N. 330 55' E. 71.66 feet to a point on the Northern boundary of said lands; thence to and along said Northern boundary N. 540 10' w. 149.40 feet to the place of beginning. Being a portion of Section 35, Township 7 South, Range 1 West, M. D. B. & M., Santa Clara County, California. PARCEL 2: Beginning at the Southwest corner of lands as shown and delineated upon that certain Map entitled, Record of Survey of a portion of the lands of Raymond C. and Bernice Mears, which Map was filed for record January 14, 1958 in Book 90 of Maps at page 2, records of Santa Clara County, California; running thence N. 330 27' E. along the Western boundary of said lands 240.13 feet to the Northwest corner thereof; thence leaving said boundary S. 540 10' E. and along the Northern boundary of said lands 148.98 feet; thence leaving said Northern boundary and in a Southwesterly and Southeasterly direction S. 370 20' W. 200.00 feet and S. 540 10' E. 140.00 feet to a point on the Western boundary of McGlincey Road; thence to and along said Western boundary of said McGlincey Road S. 370 20' w. 40.01 feet to the Southeast corner of first above mentioned lands; thence leaving the Western boundary of said road and along the Southern boundary of said lands N. 540 10' w. 272.73 feet to the place of beginning. Being a portion of Section 35, Township 7 South, Range 1 West, M. D. B. & M. Santa Clara County, California. PARCEL 3: Beginning at the most Northern corner of lands as shown and delineated upon that certain Map entitled, Record of Survey of a portion of the lands of Raymond C. and Bernice Mears, which Map was filed for record January 14, 1958 in Book 90 of Maps at page 2, records of Santa Clara County, California; said place of beginning being also the most (Cont'd on next page) 206746 page 3 Western corner of lands conveyed by John E. Barnwell et ux, to Verna May Barnwell by Deed recorded May 10, 1955 in Book 3164 of Official Records, page 109, records of Santa Clara County, California; running thence N. 330 45' E. along the Western boundary of said lands 71.65 feet to the most Northern corner thereof; thence S. 540 la' E. and along the Northern boundary of said lands 149.18 feet; thence leaving said boundary S. 330 55' W. 71.65 feet to a point on the Southern boundary of said lands; thence to and along said Southern boundary N. 540 la' W. 148.98 feet to the place of beginning. Being a portion of Section 35, Township 7 South, Range 1 West, M. D. B. & M. PARCEL 4: Beginning at the most Western corner of lands conveyed by Frank J. Cerra, et ux, to Dorothy M. Grace, by Deed dated September 4, 1957 and recorded October 10, 1957 in Book 3910 of Official Records, at page 329, records of Santa Clara County, California; running thence N. 140 49' E., and along the Western boundary of said lands 105.00 feet to the most Northern corner thereof; thence to and along the Northern boundary of said lands, S. 540 03' E., 207.77 feet to a point thereon, said point being the most Southern corner of lands described in Deed from Kenneth R. Randall, et ux, to H. T. and Ida Petersen, dated March 19, 1957, and recorded March 20, 1957, in Book 3755 of Official Records, at page 659, and said point being also the most Western corner of lands conveyed by Kenneth R. Randall, et ux, to Richard S. Barnes, by Deed dated February 19, 1949 and recorded March 1, 1949, in Book 1752 of Official.Records, at page 79, both on record in Santa Clara County, California; thence leaving said Northern boundary of lands so conveyed to said Dorothy M. Grace and running S. 340 45' W., 97.96 feet to a point on the Southern boundary of last mentioned lands; thence to and along said boundary N. 540 03' W., 171.96 feet the place of beginning. Being a portion of Section 35, Township 7 South, Range 1 West, M. D. B. & M. Santa Clara County, California. PARCEL 5: Beginning at the most Western corner of lands conveyed by Louis Spinazze, et ux, to Allen M. and Fay L. Keller, by Deed dated September 1, 1947 and recorded September 8, 1947 in Book 1502 of Official Records, at page 561, Santa Clara County Records; running thence N. 330 45' E. along the Northwesterly line of said parcel of land 125.89 feet to the (Cont'd on next page) 206746 page 4 point of intersection thereof with the Southwesterly line of that certain parcel of land conveyed by Allen M. Keller, et ux, to Antone Olivera, et ux, by Deed dated November 5, 1948 and recorded November 8, 1948 in Book 1700 of Official Records, at page 460, records of said County; running thence along said last named line, S. 540 10' E. 149.76 feet; thence leaving said Southwestern line of the Olivera parcel and running S. 330 55' W. 125.87 feet to a point on the Southwesterly line of said parcel of land so conveyed to Keller, hereinabove referred to; running thence along said last named line N. 540 10' W. 149.40 feet to the place of beginning. Being a portion of Section 35, Township 7 South, Range 1 West, M. D. B. & M. PARCEL 6: . Beginning at a 1" bar at the Northwest corner of lands conveyed by Kenneth R. Randell, et ux, to H. T. and Ida Petersen by Deed dated March 19, 1957 and recorded March 20, 1957 in Book 3755 of Official Records, page 659, records of Santa Clara County, California; running thence S. 890 25' E. and along the Northern boundary of said lands 462.50 feet to the Northeast corner of said lands on the section line running North and South through the center of Section 35, Township 7 South, Range 1 West, M. D. B. & M., thence to and along said section line, same being the Eastern boundary of said lands S. 00 25' E. 111.00 feet to a point thereon; thence leaving said Southern boundary and running S. 890 35' W. 275.10 feet; S. 10 12' 40" E. 144.84 feet to an angle in the Eastern boundary of said lands; thence to and along three lines of said lands S. 570 27' W. 85.98 feet; N. 540 03' W. 207.77 feet and N. 140 49' E_ 193.23 feet to the place of beginning. Being a portion of first above referred to lands of H. T. and Ida Petersen in the Southwest 1/4 Section 35, Township 7 South, Range 1 West, M. D. B. & M., Santa Clara County, California. PARCEL 7: Beginning at the most Eastern corner of lands conveyed by Howard L. Lindstrom to Joseph M. and Glovina G. Reiter by Deed dated September 30, 1940 and recorded October 2, 1940 in Book 1379 of Official Records, at page 361, records of Santa Clara County, California; running thence Southerly and along the Eastern boundary of said lands S. 140 49' W. 362.21 feet, S. 330 45' W. 612.50 feet and S. 510 48' W. 287.99 feet to the Northeast corner of lands conveyed by H. Dyke Walton et ux to Cruz F. (Cont'd on next page) 206746 page 5 and Jessie H. Torrez by Deed dated December 4, 1951 and recorded December 6, 1951 in Book 2329 of Official Records, at page 68 records of Santa Clara County, California; thence in a Northwesterly direction and along the Northeastern boundary of said last mentioned lands N. 730 42' W. 58.11 feet to the Northwestern corner thereof; thence in a Northerly direction, N. 33002' 30" E. 310.13 feet, N. 33045' E. 569.65 feet and N. 140 49' E. 299.15 feet to a point on the Northern boundary of first above mentioned lands, distant thereon N. 890 25' W. 154.75 feet from the most Eastern corner thereof, thence S. 890 25' E. 154.75 feet to the place of beginning. Being a portion of the East 1/2 of the Southwest 1/4 of Section 35, Township 7 South, Range 1 West, M. D. B. & M., Santa Clara County, California. PARCEL 8: Beginning at the most Western corner of land conveyed by Allen M. Keller, et ux, to W. C. and Verlie B. Spears by Deed dated February 20, 1953, and recorded February 24, 1953 in Book 2587 of Official Records, at page 48, records of Santa Clara County, California; running thence along the Western boundary of said lands, N. 330 45' E. 10.84 feet and N. 140 49' E. 63.98 feet to the most Northern corner thereof; thence to and along the Northern boundary of said lands S. 540 03' E. 171.96 feet to a point thereon; thence leaving said Northern boundary and running S. 340 45' W. 70.21 feet to a point on the Southern boundary of said lands; thence to and along said boundary N. 540 10' W. 149.95 feet to the place of beginning. Being a portion of Section 35, Township 7 South, Range 1 West, M. D. B. & M., Santa Clara County, California. PARCEL 9: Beginning at the most Western corner of lands conveyed by Antone Olivera, et ux, to Ray C. and Jetta J. Cox, by Deed dated September 6, 1957, and recorded November 11, 1957 in Book 3886 of Official Records, at page 560, records of Santa Clara County, California; running thence N. 330 45' E., along the Western boundary of said lands, 69.02 feet to the most Northern corner thereof; thence to and along the Northern boundary " of said lands S. 540 10' E. 149.95 feet to a point thereon; thence 1 (Cont'd on next page) 206746 page 6 leaving said boundary and running S. 330 55' W. 69.01 feet to a point on the Southern boundary of said lands; thence to and along said boundary N. 540 10' W. 149.76 feet to the place of beginning. Being a portion of Section 35, Township 7 South, Range 1 West, M. D. B. & M., Santa Clara County, California. " 1 206746 page 7 I SCHEDULE B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: 1. Taxes for the fiscal year 1996-1997 a lien, but not yet due or payable. a. The lien of supplemental taxes, if any, assessed pursuant to provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the state of California, and/or any additional taxes which may be assessed for added improvements or changes of ownership, subsequent to March 1, 1975. 2. Easement and water rights conveyed by B. Casey, et aI, to San Jose Water Co., a corporation, by Deed dated September 30, 1869, recorded May 25, 1870 in Book 18 of Deeds, page 88 (Affects Parcels 7 and 9) and reference is hereby made to the record thereof for further particulars. 3. Right of Way for ditch, etc., dated January 7, 1882 executed by and between O.C. Wells, S. D. Ayres and H. H. Gilmore and recorded January 7, 1882 in Book "I" of Miscellaneous Records, page 576, records of Santa Clara County, State of California, and reference is hereby made to the record thereof for further particulars. 4. Right of way for water ditch, etc., dated July 17, 1884 executed by E. Black to Mrs. Wells, W. H. Gilmore and E. F. Duncan and recorded on December 8, 1884 in Book 76 of Deeds, page 293 and reference is hereby made to the record thereof for further particulars. 5. Water Right Agreement dated October 27, 1892 executed by Gilmore T. Duncan, et aI, with E. W. Thomas, et aI, and recorded January 12, 1895 in Book I of Miscellaneous Records, page 37, Records of Santa Clara County, State of California, and reference is hereby made to the record thereof for further particulars. I.L ~ (Cont'd on next page) 206746 page 8 6. Right of Way, etc., dated January 12, 1893, executed by Mrs. A. M. McGlincey to Mrs. E. A. Willett Coates, et al, and recorded on January 13, 1893 in Book X of Miscellaneous Records, page 34 and reference is hereby made to the record thereof for further particulars. 7. Water Right, etc., dated January 26, 1893 executed by Mrs. A. M. McGilmore, formerly Mrs. A. M. Wells, to The Santa Clara Valley Water Company, a corporation, and recorded April 1, 1893 in Book 155 of Deeds, page 498 and reference is hereby made to the record thereof for further particulars. 8. Right of Way for road 20 feet wide along the Easterly line of the herein described property as granted by George A. Whipple, et al, to Frank B. Billings and recorded september 23, 1908 in Book 337 of Deeds, page 138, and reference is hereby made to the record thereof for further particulars. 9. Right of Way, etc., dated June 17, 1914 granted by George A. Whipple to Tamer I. Bohnett and recorded on November 10, 1914 in Book 423 of Deeds, page 320, and reference is hereby made to the record thereof for further particulars. 10. An Agreement for pipe line dated June 24, 1914, executed by and between Tamer I. Bohnett, Charles R. Stoller, Cress Stoller, George A. Whipple, et al, and recorded on April 14, 1915 in Book 426 of Deeds, page 584, and reference is hereby made to the record thereof for further particulars. 11. Right of Way for pipe line dated January 5, 1921 executed by Floyd O. Bohnett, et aI, with Ralph C. Bohnett and recorded on December 15, 1921 in Book 546 of Deeds, page 161, records of Santa Clara County, State of California. 12. Agreement for joint use of pipe line dated January 12, 1922, executed by Floyd O. Bohnett, et al, with Ralph C. Bohnett and recorded on January 16, 1922 in Book 47 of Miscellaneous Records, page 360 (Affects Parcel 7), reference is hereby made to the record thereof for further particulars. 13. A Well Agreement dated February 20, 1924 executed by Floyd o. Bohnett, .et ux, with S. N. Hedegard, et al, and recorded May 7, 1925 in Book 156 ~of Official Records, page 314 and reference is hereby made to the record thereof for further particulars. (Cont'd on next page) 206746 page 9 14. Reservation contained in the Deed from S. N. Hedegard and Annie M. Hedegard, his wife, and A. P. Petersen and Mary S. Petersen, his wife, to Matteo Catalano and Doratea Catalano, his wife, dated November 30, 1925 and recorded December 12, 1925 in Book 204 of Official Records, page 248, and reference is hereby made to the record thereof for further particulars. 15. Rights for the operation and maintenance of and for ingress to and egress from Duncan Ditch, as the same existed on October 13, 1944 the date of instrument conveying said rights executed by Louis Spinazze, et al, in favor of Lloyd Gardner and George M. Leigh, which instrument was recorded December 2, 1944, in Book 1228 of Official Records, page 470. The interests of the said Lloyd Gardner and George M. Leigh, were on the face of the said instrument assigned to the Santa Clara Valley Water Conservation District, a public corporation and reference is hereby made to the record thereof for further particulars. 16. The Right of Way for the suspension of electric wires, crossarms, etc., and the right to trim trees, as granted in the Deed from Louis Spinazze, also known as Luis Spinazze, et ux, to Pacific Gas and Electric Company, a California Corporation, dated September 15, 1945 and recorded December 29, 1945 in Book 1323 of Official Records, page 130. (Crosses the Southeasterly corner of premises herein described.) (Affects Parcel 1 ) . 17. Easement in favor of the public over the Southeasterly 20 feet of the premises included within the bounds of McGlincy Road, as established by Deed to County of Santa Clara, recorded October 14, 1948 in Book 1684 of Official Records, page 75. (Affects Parcel 3) 18. An easement for the purpose shown below and rights incidental thereto as reserved in a document. In favor of: I,. ~ Joseph M. Reiter, also known as J. M. Reiter and Glovina G. Reiter, his wife (No representation is made as to the present ownership of said easement) A non-exclusive Right of Way for the purpose of ingress and egress over and upon a strip of land 40 feet in width, 20 feet on each side of and measured at right angles to the following described center line: Beginning at a point on the Eastern boundary of the parcel of land Purpose: (Cont'd on next page) 206746 page 10 Recorded: described therein, from which the most Southern corner thereof bears, S330 45' W. 43.31 feet and S5lo 48' W 287.99 feet distant; running thence N540 10' W. 150.10 feet to a point on the Western boundary of first above described lands, distant thereon N330 22' 30" E 310.13 feet and N330 45' E 29.86 feet. March 19, 1958 Book 4033, Page 333, of Official Records. Affects: Parcel 7 19. An easement for the purpose shown below and rights incidental thereto as set forth in a document purpose: Joseph M. Reiter and Glovina G. Reiter, his wife (No representation is made as to the present ownership of said easement) A permanent easement or right of way for pedestrian and vehicular travel July 31, 1958 Book 4136, Page 473, of Official Records. Granted to: Recorded: " ~ A non exclusive right of way for the purpose of ingress and egress, over and upon a strip of land 40 feet in width, 20 feet, measured at right angles, each side of the following described center-line: Beginning at a point on the center- line of McGlincey Road, distant thereon N. 370 20' E. 125.01 feet from a 1 inch iron bar at the point of intersection of said center line with the center line of a 20-foot roadway, running thence N. 540 10' W. 292.44 feet to a point on the eastern boundary of said first above mentioned lands, distant thereon N. 510 48' E. 287.99 feet and N. 330 45' E. 43.31 feet from the most eastern corner of lands conveyed by H. Dyke and Delsa J. Walton to Cruz F. Torrez, et ux, by Deed dated December 4, 1951 and recorded December 6, 1951 in Book 2329 of Official Records at page 68, records of Santa Clara County, California. Being a portion of Section 35, Township 7 South, Range 1 West, M. D. B. & M., Santa Clara County, California. (Affects Parcel 2) Affects: (Cont'd on next page) 206746 page 11 20. Recitals as contained in the Deed From: To: Ray C. Cox and Jetta J. Cox, his wife Santa Clara Valley Water Conservation District, a water conservation district September 12, 1958 Book 4171, Page 621, of Official Records. (Affects Parcel 9) Recorded: Reference is made to said document for full particulars. 21. An easement for the purpose shown below and rights incidental thereto as set forth in a document .. ~ Peter Cristich and Belva M. Cristich, his wife (No representation is made as to the present ownership of said easement) A non-exclusive right of way for the installation and maintenance of public utilities over a strip of land 10.00 feet in width, the center line of which is described as follows to wit: Beginning at a point in the center line of McGlincey Lane, distant thereon N. 37 deg. 20' E. 110.01 feet from a one inch iron bar at the Southerly corner of that certain 10.6 acre tract of land conveyed by S. N. Hedegard, et ux, to Matteo Catalano, et ux by Deed dated November 30, 1925 and recorded December 12, 1925 in Book 204 of Official Records, at page 248, Santa Clara County Records; thence leaving said center line of said lane and running along a line parallel with and distant 5.00 feet Northeasterly, at right angles from the Southwesterly line of the 0.904 acre parcel of land conveyed by Clarence de Vries, et al to Santa Clara Valley Water Conservation District, a water Conservation district, by Deed dated March 24, 1958 in Book 4045 of Official Records, page 540, Recorder's File No. 1455789 and the prolongation of said line, N. 54 deg. 35' 07" W. 442.58 feet, more or less to the Southeasterly line of the parcel of land first described in the Deed from Joseph M. Reiter, et ux to Peter Cristich, et ux, dated Granted to: Purpose: (Cont'd on next page) 206746 page 12 Recorded: August 13, 1958 and recorded August 20, 1958 in Book 4154 of Official Records, page 459, Santa Clara County Records. Excepting therefrom that portion thereof included within the bounds of said McGlincey Lane.The Northwesterly terminus of said right of way being said Southeasterly line of said parcel of land so described in said Deed to Cristich and the Southeasterly terminus thereof being the Northwesterly line of McGlincey Lane. February 6, 1959 Book 4315, Page 658, of Official Records. Affects: Parcel 7 22. An Ordinance of the City Council of the City of Campbell, adopting the Second Amended and Restated Central Campbell Redevelopment Plan for the Central Campbell Redevelopment Project, pursuant to the Community Redevelopment Law of the State of California, Ordinance No. 1860, recorded June 18, 1992 in Book M245, page 2238. Statement of Institution of Amendment to a Redevelopment Plan, recorded June 18, 1992 in Book M246, page 506 of Official Records. Reference is made to said document for full particulars. 23. An Ordinance of the City Council of the City of Campbell adopting an amendment to the Central Campbell Redevelopment Plan pursuant to Health and Safety Code Section 33333.6, and Amending Related Ordinances in connection therewith, Ordinance No. 1912, recorded December 14, 1994 in Book N699, page 2159. END OF SCHEDULE B NOTE 1: Taxes not assessed for the fiscal year 1995-1996. NOTE 2: If this Company is requested to disburse funds in connection with this transaction, Chapter 598, Statutes of 1989 mandates hold periods for checks deposited to escrow or subescrow accounts. The mandatory hold period for cashier's checks, certified checks and teller's checks is one business ~ay after the day deposited. Other checks require a hold period from thre~ to seven business days after the day deposited. (Cont'd on next page) 206746 page 13 NOTE 3: If a 1970 ALTA Owner's or Lender's or 1975 ALTA Leasehold Owner's or Lender's policy form has been requested, the policy, when approved for issuance, will be endorsed to add the following to the Exclusions From Coverage contained therein: Loan Policy Exclusion: Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Owner's Policy Exclusion: Any claim, which arises out of the transaction vesting in the Insured, the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or /.. ~ (Cont'd on next page) 206746 page 14 (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NOTE 4: THE FOLLOWING IS FURNISHED FOR INFORMATION ONLY: The only conveyances affecting said land recorded within two years prior to the date of this report are as follows: NONE (Last insured date: NONE) /,( , OFFICE OF C\ \l\ ":1:. \ ~. -c ~.~ ~ ~{) I'>j ....."1 .~ \ ~ of f)') f) .rt' ~}) "I'>j " 287.54 I' CO U NTY ASSESSOR. . . . @ () r )> ::tl )> () o c Z -I -< () )> r "T1 o ::tl Z )> , ~~ \ Ol \ " @c.D ~ ~ Vol o )> (") g- /(g)~ I ... ~ <Ji @ ~t1l o NO :0:: "0 ()J:t> -Cl l"l LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been reco~ded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy. but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy. or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction eVidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-Iending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. I.l ~ Reorder Form No. 12599 (Rev. 2/93) Sent by: SANTA CLARA LAND TITLE -, ... 4082940851 ; 10/30/98 3:41PM~JeHax #778;page 2/12 . ,'~ .c ,..~','O'" " 11...>. ' ~" "~,,, \.~,,: _! :- . . . ,.., ..'~ ;" .': .'~':.r,t .......::dr...:~O ... ' "'\ .~JItAI'<III ,JrNlC; hil 1d.~',' ',.,' . ,. ,',:,,,,:.,,. ," ,'IHs:~AO, a'Wt~; 'I ~ ~, ~ , . .'. . . . the fine pat4.Q for ~d .in alIIIidctadoo, of tbe aum of Ten ($10.00) Dollars, lawful ftIOIIC1 of the , Unitec,i St2~S,'hereby GRANT to . SANTA CI.AAAVALLEY Wi\TElt,CONSERVATJON D1STaIcr,' 'il ,w.ter '-bn\C:l"\'at~ djlt.ria' duly ~izrl!d, and exUrini undcrand by yjrtue of the \aWl of the State of California, tile ~nd party. aD rtw..s property sitnatedinthe CoulIty of Santa da~ State of CaIi~ornia. OaaFl.1Da approzUaa~eJ..,. .. 718' ,~') 'pl.t;~~ '1ID4 ....~S.Ncl ~" ,~b.a1;' cU't~ '.1l1.ght> ot '.V..~ 'P1~t xmabe~4 Lea Gate. Gr. '''0;' U .Jlt!UM "LJJUJ!.O)' -axai. ,GIDJlGa ~o &JI1) QS.I.AftALO.~ .'.o~".to1D8 of 2 ahean daMe! Xar. ~. 19S5,' \ltd." ,uS:. ;,pah' of "a7 p1.~ i.. hw.....,to attach.ct,' JlAJ'ul 8Zhll:d.t -..' 1II14".s. a' part her.of. " - . .' . . . . .... ,1. . .. Said Di.Viet asH.." ,to h:l'niah Uldpl...... DUtt1os.-.t rUl 411"1; t.o bring tho lot 3u,~ blM41&t'a1.7' 'IIGG~ 'ot ..........ori.'M4-.JiI!OPOPCl to grade vlth the propO"~ or G&1.1aabN". .4.10'''1''1 tae here1a&boW- c1eacr-lbe4 parcel on 1Oh;8 ....10. 1&14 tUl ahall lie doGD. at ~u t1JU the m8tN.ct 18 eua.at1!l& .th. ..... tOl" It. paioo1atIcn 'be4a. . In add1t1on, .a1.d >>ilviDt -sP... to tarzaillh tta.. Or_tor. (lMt'Dot,1D-- "tall) luttlo!ent_ g&l.7....4 pipe 7. in 4l.et.r H (e.t1JLat.c1at _~,,"n lO~ and 150 .te.t 1n,l.ngth) to r.aoh b.1gb...t po1nt on ..11-" -prOP~.. .. ' .... l I ".' ,II ~ :! !! I I 'I Ii I. !l ~I I! : ~ " ' <:; --' h_ ,4' lqB1417 8our4:120 'Plcr683 Faue roft ft~tOP.O ., Rt:l!l::: C i !!~ "dB mI. luru~ CCIIpaq JJa I ~ t 37 ,.1958 '" ... . ( t;rIIC:;.L 11I:....UI.IJ;i sANT:. Cl ~n ~ COUNTY ',. J ,'_ ..., .. ~, ,,_"_c,.~.\...c:.J ( I':,..,.'rl'~'~' ,/- " ',' I: I l ~ j! i ' I' , , , , I . i I JL I '! ij !, ~ ~ " ri ~ , Ii ::'1;' . ' 1 II I" , . ~ '. .,., ': ~ J. .. -, '. - ' . ~ ", ~., . . ~,.. ..... I .' - " - --- .. . ( f ..'. '. ' . . .'" Sent by: SANTA CLARA LAND TITLE 4082940851; 10/30/98 3:41PM;Jedax #778;page 3/12 100('4120 PACf684 'I ',cr. . ", :, c...:. . ~ .'~'., '.:. i II II II II ~ 11 I' Ii I ~ Ii IN' WITNJ.:5S WH~R.EOF'; the. aid lint pULl.a. _~.._..._'" we '~. ~_" thle C'OB~ ,~ ' ..........t..fL:7!..daJ "'''-M--~':'' 19~!! . . . . . __~'" j , ..x..~, ._.Ai~, -:-- -.. ='. . .-:....~ '~'I ~ l.~ ' -"'-~~t.~ .. .' ...... . .._.......:_tr4~-.~:PffaJr....~~..L::;...:-...,.."..... , . . .. .... ..~...._.. .....-...........-. ...--..--..- ..... -....-.--. -.............. ........ ..... .. -.... .."...... ~:.:~:.~~~~":~~:~f 01:- ..n~~...~.~......"."J ..... .., On thil--___L<L.....day 01...._. ..' ..._.._....._...._... in the year (If opr Los:d OneThoUland, l\iac . p-4' ,~, , " - Hundref ~....:!'..t.~l'':':.t.t ,.........: ore me, .._..._.......":':-...__:..._..;,......_...:..:..._..-:--.~:.,..:-_._.._...~........ , ~~~~;;:~~;:rtff.ft~.~~.~.~~~n~;..~~:: :~: l~~:~ :-~~::;.~:;; Z~~~~.;'""..t:~:::~~:~~:::::~:~~~.5:~:.,:::: ,~wn '!O'me to be the Person...:........ described in and whose name........R,........... ,ubK'"~ to the within .. ......... . . . i~ " acknowledged to me that ....M.._ ~ecuted the aame. ',' """" .. , ,055 WHEREOF, J 'have hereunto <<I my hand and affixed my official Seal at m)' office in : .&.-~. .'. '''~\... . ..11' .n~ 0 .'. . ;" : s"iLJ-~-';":~ 1,.._~.......",.......-.:.. Cor1nt)' or ....u~t&... lU&..........................-..,..the eta)" and year In th,:, :: :' ;~c*cale'~~~.;- writtett, ~ -... ." ;?~-L - , 1,1' '. .', \ ',l...;u.......'. ,......., ---....................{~!f.-......a:.~~......................,........,......,.. . ..... ~ ~" ~'V, .' ~"... ~ - , N ......u. ...In'1l d .ot-aM. ' , r I... " ..... ....\' .... otary ..-.....~~'a C:Laii..M..._................-'...'.......-........... '\1 . , · :':-" COllllt1 of._.._............,..............-.......'.M.....'...... Stale of Cafifnmi:a 'il My C~~~lission expires_.."11.:...:;~-u.l9~ I .' ~ ' ::h::....:.. ,. .. '" - ," ,.. -, ,.. -_. ... ....,-, - - ~,-,:, ;;,.;-:~---=-" _..:.. --- ,.."" -.-- . " t11n...,.; J:~ f .~ ~ I 1 ':~ ! I": : !'; 111 .J I ;~:~ iJ' i I ! I : 'l.-o::.~. : j,:'...; ~ 1. . ; i' ~ , ',\1,. ,:; , ., - ;;:.~ , . tl .1 ;,.., ' I ". ,i .'~ j' : , . ; ;;:;jl ...- I (,;~;;' ".~""'.!"r :'J '.,jt . ~ I ,'J c' .~ :~ '.;j :! .: ':", "' , .) ,I.: ent by: SANTA CLARA LAND TITLE 4082940851; 10/30/98 3:42PM;;eHax #778jpage 4/12 "., '-"'i''''r.~''''''''~''''''''''-'' '_.''i..''..".''''''~l'PI'1'.w!l't':~~~~~~~IIW<:r.II~'JIIl-.:w._-~ . - " """ ,,:.'S.~.;,t_>=:'.~~,ii~~~~f('~'~::~4'~"~":'-tj.Yc'fttv:!-;,I~~~:"~~i1,vt~:jI~~I")Il;\.~$~\'.K~,~--.~l:!~,~!;'~~~'~I~"'''''''.--~._"".~~~,: :}i~~~'~~ . ~ ' . '-'..- . , .., . Lit):' ~ 'J3 ! ""~~ "" ~:"~;~:;:,r':~ ..,~ (1 <;. ':t U '" _., _ -., ~:;~lJ~:;;'f;i ~;~~~f-~~:~:~~~ ~T~ ~No"..,..?S.~.~5 noox24UO PAGf.llb 'I ~ 'J ',:\-;'::,,'i!"'.I, ~~Z:t;~~~;\:f~ ~ 1\. @rant medJ Joint tttnanrp ~- fI "I ,:;1 ~ :1: , , . ~") ~,F,;",'~,~';;',:~~,';~,' : ... . --..y,.. -".0 eequlred. t1tl" 8a ,..., .,., .'......:: \ ~;ll" ..10'1"..... "" ;~~ ,{: ":,..:,:l"l~,~,i,.,.,.,',:,'.,.1,,.,:,..;:,i..,,',:l, i'kfll i ~l~v~:~:1:n~;H~mt,~IU.CE" i.APrALO ~51 I ~l \ -' -. r.~C'.:/",",;',':~J:;~: ~ Ii. ~ J, ~;~J~! i~~ ~;Glt;o~~.'Oh1~D~.:"OW- AJlD . ~Y' ' -:::;',:! ill " JOONT ~''''' ., .. .., ,~ ..... - ~ ..2 ~ -~-:- 1[~~t~ i.--- ~.~.,.~~..~m_~~.'~__ - ,-~~. ~{liz,~:f~ : ~~:'T.:.loI':. ! II ."'l'fz~' ',::.n.':"I"',;:=II ~~I ~"'X"~ (" I~~~~ _~~.\: : .... "~' dee1nn1ng ~~ ~n 1ron ~lpe Bet ~ the Northv.es~erlY 11ne or Mcql~cey un", 40 feet "1de, a/; est!lb11Shed by Ueed Co tt.e UOUllty of ~~8 C;lClTll, d~ted ~Ub~st 25, 1947 and recorded ~tober 14, 1948 1n Book 1684 of Offici 1 R~cnrds, p~ge 75. ~enta Cler~ County Records, di8tant the~eon N.560551~. 1)9.'34. feet Irol!l t;he point of 1ntersectlon of sald. line of Mel.il1ncey L:-i:1~ wlt''h the 1/4 ~ct1on l1ne running Korth end .;)ou1;h thro'U.gh the c~nt~~ ~f Jeetlon 35, Town~h1p 7 ~outh. Range 1 -est, Mount Diablo B?se find Mer1d1en. thence alone 8B1d l~e o~ McGl~ey Lane N.560S5'E. 70.00 feet to an tron p~pe; thence 1e8Y1rg said line of said Lane N. ;Jo~51~.. 1;5.QO fep.t to an iron ~1pe; thence parallel with Bald line of ~lc(illncey ~e ::i.S60SS'W., 70.00 !tH!t; thence :j.JJoO,5'E., 1J.5.00 :feet ~o the po~nt of beg~1ng and b61ng A ~or~lon of sald ~ectlon 3S, Townsh1~ 7 ~outh. Range 1 .e6~, Mount D18b1o 0880 and Kerldlan and Bl~,o belrte a portion of the prem1ses shown 'U.pon the !"6p of Reoord of ::urv9y filed for record ~y 10, 1950 in oook 27 of tlops, j'age 14, ;"ante. C18ra Count.y rtecnrr:S, I ! I , "-L I Reserv1ng the~efrom a r~t of way and ea8ement tor lrr1gat1an pl.pe line ...l'th1Il. a str10 of land :5 feet in vldth'lT1ng equally on each alde of a center I1ne 88 rollows: deg1nnLng et 6 po~t tn the Northwepteriy 11ne of "eGl~ey Road ~16tant thereon 25.50 feet ~outbweBtorl1 fro. t~ point of 1neerseet1QQ tl\ereof with the Northeea.ter1.7 1111e ot"the prea1ses bere1:Daboye described an:! r~s thence, l'lortberli-; dlrectl7, to a point' 1Il. the Northeasterly ltne of' the premises hel'e1n.e.'boye deflcrlbed. said po1nt be1JJg d18tant 49.0 f'eet ~orthweBterly from the point o~ ~terseet1an t~~eof with the l~orthweBterly l.1.ne of Mcul1ncey Road. -:-- K~ f~ F ;f ~~'~-) C1 fJ R /( W~"'fS~ our /P~"'~' "/ . ,,;, ~:::~~ v. ~- \;V\ (',:--;'l{ -r~" J ~~,e~ lund') .hi. 25tn d., 01 July , 1952 ~~~~i:~::~~~,: , ..',."".. .."..""....-.........'........'....--:--:::.' ~~:.:......._.............._.~', J '., .,:: !.-:'':':':.~'; t<.~~'. "'",...,-1 (.1' r.-.l,ll'flR:-:'A I (Ill :'>I\' ",' 'A:-:r^ CLARA(" ;!.~-;:.h ".r .., .:r,~l.Z" . a,,:;;::: . fA.h.... II~. ,Julin \..I. CJ,.ark . '..,,,, ....!.I.. '~.o<ll". q,d <:"vnlY ,nu ~"'.,rc""n.l\, .r;.......l Stevtl .l..E.pt~lo. F,.AnCtl8 J...cptE,lo and ..:: ,,,'.:::,::2 ,,,..1; ~ :~::-::r''Ef.4.lt n':~.;; ::: .' .t., Nor... Publ;. ..'. --.....-............-...-, '" 11.\ r.\'....n to; "",.",.,(' ".:t:r ~ are ~ _ ,_'..:...:~:.,..;;;.~,;J~:.~..~::;::::.:::;:' -':'-;.',,"- :-~ '.,_~.,. F "'_ .~...""'.;;~..:;'v........',........-;:-~_-~_..~:"'"......,...,..,..,,--~~--..,...'" ,.,.,.'o,~,'_~_,~...~.~..~_"~__~ .. 1- :.\ 3:43PM;JeHax #778;page 7/12 ...'..l'-.-. :.'.... 3790187 _1:~:: 8885 :/.'541 'U,f6 feR llEOORD ":f ~EQ~~~T,O! ..,:~:;tR !)1~,R\ _..,...,: ., Q(jC c~.\\:-.C- Co ~l;" c'J.'?f. (....,.., r'- , art 10 lO 30 AM '10 Sent by: SANTA CLARA LAND TITLE I. ..--- 4082940851 ; 10/30/98 -- -==-= f.c~5 ,~~ SA1 a,,_ .....--0 It '2 3790187 I . I WiT;., ~ WlJ~rJ' rUlQO cti~j~_1 WA1Ei 0tSlICI 5Ui E. IUJm'"A - ~ JOS(, CAuf.951U GRANT DEED (fEE SIMPLE) 110 .AX 1);[(- WIi':CHI:S1I:R. DRIVE-iN Tf,J:ATR1.:. INC. OrrH.... ::..GOP..DS &A.NT~ c.... ',;1;'. COUNTY (3t.U"~!. :::. FOWLES r~E ': :-:-::u5:R a cOrpOratio., "'0 J:.L . ., rr:/ I I G:.::::.:.c:~!:} hC:~~J ;:'~~: (s) t~ ~hc s:.::-:A C:':"'U\ CCt.:::T'{ fLCOD COj.;rROi, AND WATER DISIRICT. State of California, Ccantee, jl~ succeSSOrs or e~~.i:;ns, .3 fe~ s~;:I1~ mteres~ in the foHewing descrtbed real property. situate in the County of Sanla Clara, State of California, to wit: 8einq a portion of the lands of Winchester Drive-In Theatre, roc., as described in deed recorded m B.x>k 7407. Official Records, at pag1? L et s-eq. in the office of the Recorder, County of Santa Clara, State of Calliornia, to wit: Parcel -A": Bcg~ng at the southeasterly comer of said lands, said point being ;:),lso .he northeasterly comer of that cenain parcel of land conveyed to the Santa Clare Valley W6te. Conservation Di~trict: "1" n. T. ?etel'"sen, et we. in deea reconie<i in Book. 4128, Official Records. at page .429.. in the office of the Recordel'", County of Santa Clara, State of Califonua; thence along the northedy line of said District as described in said deed N 8902S.W 20.00 feet to the true point of begmning; thence cont.lnuing along said northerly line N 8902S'W 121.00 feet; thenoe leaVing said line N 62"21'09"E 9 2 . 71 fee;:; thence along a curve to the tight from g tangent which bears S 82010'0-1"[, wilh a racius of 45.00 (eet,through a central angle of 81045'04", ice ~n arc dis!ance or 64.21 feet to the ttue point of be<]inning. ComainIDg 3,095.87 square feet. or 0.071 aa-es of land. more or less. 'l"c.;eth~i" with un. ~aseme..t :ot ing:ess dIld egress OVCl'". upon and across the following real property. to wit: Pared .8.: Beginning at the southeasterly comer of said lands; said point being also the northeasterly comer of lhat. certain ?Qrcel of land conveyed to the Sant~ Clar.:l Valley Water ConservCluon District by H. T. Petersen, et ux., in deed recocdcd in Bcoi< 4123. Official Rccorcs, at page 429, in the .orne.::: .:or Lj"" N:=O:;\,I(.u't<~. Counc.y oi .:iclnta Ci..:1r<..1, ;,>tgta vi <";uHio.-OlC; ttlcncc a!~~;; :~::: ~~~~:!:; !:;;o 0: ='::':= ~ls;,: i~: :: -e~ ~ 2 S'..V 20.00 :.:.:et..; th~nc~ alOl'l9 '" c...:ve to the left: !ro:n ... l":'n9~nt ""'&Hch l.Y.!i:lt'S; N 000:2 S''\V'. ""lth ~ -,.~ ..~- .--.. 4 ~_... ~ ~ ~ ~ '" '.1 P -C' :::0 ....- :'.44 :)-~~ ." .~ , , l' ;1 I . I 11 ~ Sent by: SANTA CLARA LAND TITLE l i I I 4082940851 ; 10/30/98 3:43PM;JeHax #778;page 5/12 ,.. "---1:': '.- , '" " . .-.' .' I~; ..- '--1. .... ", :~ ; .' :. j, :. ,', PARea No. 31 :?2 S'S~u5-~1:. ~tio,5783 eoor6GOO PA::E557 ..: , t r '/' .~~.:':,: GRANT DEED if , ?O~1~ }~v~lo~~~..t Gompanyw a ~artner~hip ..------.-. ------..- -...,---,---..------.---..----- ..-..... ---. ..--- _R_' --------- ..-- .. --.-'-'--- gnnts I:) THF. C1TYOF C^~U'"r.~L :l ;.tt:~:~CH>~.t C:()RP()R..,\:T!O~.!~ !,.."l r>tcoert). in th~ City of c."""I'~Il. COLlnty of . 5:.11'_ C"_..., ~t,:. of C:.li(0f'!113. d~<:r;brd ..,. r:.llc....-s: :,. ~t:-in of 1~~c'! 10 .CO fc~e~ in '... idth ::11 C')......!". 'IIiI "f,'",',",I'.' t~p. C;....il~"-'L'rl.J li:-,e G~ t:~e l;'l71~s r.f ?or:nan I1(;-velon:-::er-,~ Co. a::; said l"n~s ~ -f' 1~;.c;~ribec :':1 - ~ed of :\'-'coro in ;'ico~: lOt:~, nO)i-e 5-?~, Official 7ecords 01 :':-::;!"'t,:::;' r;lp-ra :':'")url't..,;") C31ifor'niC:t. ;:i': <:t:,~n of la:,:'~ ~',inC" "~o-t:1('\:1'~ of the ~'ort~e:-l'.r li!!e of ~'cnli!"'"cev !~~~e' ~~~ s~~~ e~~s~s, 40.J~ feet ~ide. . ,. . ") . 1/ ;' r " " '.'1 '.....' ~b 0, ~ ,;H~1 " to: ;"l ...' J ';' 800[6600 PAct557 ....-....--.-..- _.......................-a ..... -................ t R"co~'::t':~':~ .; r.,.~'~('~~ of ~ i Title t:lSUrall\i;; .:.:~ iiiirt C~:l~ar:l , 1 _iuL 29 :~J(J2t2>'M t ~ PAUL R. l~IL:-i. Rocot<ht, \ : '.... C'" . . ~ ~. ..... Santa Cl.t. _oa:".~Y, '1l':'AI I,,-:'Olg~/ . .... ~ 1. J -...-...-..... ~ "~'-~ .~~, ;1', , :1 r ,. i I i / ,I J .. -:: J ~ -f..;r ,~' J- ./ Y ./ ~/::.~ :.;' , . (' " ' ~" (" ^ / I~'<-'- b /~~ "~_r.)/ I ~..---.~ -- " ;o,~a~ :evelo?~t ~~panYI a. f) :;rtid~!'t.hio _ _ ..---io ~:li:e-c~':.~ em -.. --.--.'-- .- -_..------ ~:;~~ :~ t..~ ?-~ ~ . '" / /. , - , ". ,;,'/" ..l ,., :" ~ ,'-- ../,:...~ ," r /' _ / ./ -, ",/ .- . ."" ,.' .- " ~.:.-r I t" Sent by: SANTA CLARA LAND TITLE I ~ ;w:-~ 4082940851 10/30/98 3:43PMjJeHax #778jpage 6/12 . ." _. -. -..--....--...-.-.... ~;~ :r. . ....... .", ~ .;.", 'AI_ !'i7ATl'; l'F' . '...,:',.,':;..:.1: <.:OU='E <:OF. --~~ .-- ~ S& . . \ ' tIll ._ _, _._ ~:r. Dl<>. &he w>dcs~ .. I"..u.ry I'llblic Iti 'end ''''' '$Aid Count)'''.. "" ,:~i .:.nd 5\.:.11.,. pcl"!'<ln..::~' 1IJ'li'~3red ___. lq,oW!1 W m~ tll b., tih' J....H"n wh.....: ;-o:.,":,,~ l:s ~=ribed [0 the '\\'ithb d~I:~:I'= :~~'Il~~~,~t l"n_l:.. ~.UlllYw,' f~:' ~a.\.tlr". .":..r.s: ,hnt j.i.."" ~~~,;: \;~ ~..;~ ...~ "..v u_--. Vhn In:'......... ...._.. "~I "" ~ Iteo"'n to him to be th~ pc=on_ Wh~.~:.: .>~,::;: h- Yl31ne._." s(l~iJot.-d \0 \hI! '.\'i~ft deoed. ~ u.e .:same: ~ thilt affiiiut S\Ibsnitled ~ na~ lhe~lO as ~ '~in'~~:,'..-:~'i:/: l' ~. tn ~';~HJ 4-:CC<'UUOn. . . ..: '," ..... ;.;.' u." WITS!:SS my hand and am~ seal. " ",;",~:,,;': .;,..:;.'.. ; :'>h' CO:'l'lmi.<:siCD ~i..~: --.. -.. _ _... _ ~ _ _ '(StALC:;':::"~,:;::::: IRtCT ACKNOWLEDGeMENT . !D8IbuJO, Plt'f558. .,'~~,- :'-.ATE OF .. ____,_ cntJ~;.y Dr ___ ..:.__._, "- Oil ________..____,_ c.-c.."" ,..... Ole i'-'~C4~<l. :I ~=:.:l..-y Pl:bl;.: in IIn4 ,(.... l"'irf c"''"'~'..,..: -:.nd .;;t;..t~. p.I!~M:l:H~' :.~"!a.n!d _ ____. ;.;:"....n II> ~. 1<. b<! l~ 1)('=....::.. w!lose n:i:::.e mb$Cfi~ to the \\'ithi~ d~ ilnd ..(kn~':edSed It;~l _ .______ ......_ ____ WI'j'io.~.",C; Tn>' ":and And oWl'i::! .::l!:ll ~1). \'-c-:nr:li,;S;"n up..-..,;: C2:",,";...'<I U\i: ~l:le. __ (SEAL) ~ p"w;.. '" _ 1_ -'d ~ _ _ WITNESS ACKNOWLEDGeMENT l CORPORATE ACKNOWlEDGCMENT $TATr. OF _ } ss. COU!l.7Y Ot ~____ ',,0.:.' . ". ~.' ". . .,..- ," .... . . .". . On (ll;.. _~._-, ___. bdCJ:"C _.the ~. . No~ PI.I1lu.: !nand 'roi, WdeoUn\Y" , ;JJhJ St:ltc. :;~.,nlly 1'_p,t'1.":'t'It:oU y.nvwn :.0 l-::'~ to be t...~~. prc~[dent.. ' Dnd __ _____ __,__. _ blowu 10 me to ~ the s..~t3t:-' of I..'lc ('Or",,.,,,,,,,, tl\:'l ('~\<'d zJ--'!,withC. d~ and. kDawft '0 lilt' to be Ute J>er.oorlS who Cl'X~ulecl the'. ..i:..'1in ce~ on bdg~t of Ule (:)fpl):-.atio>al th~-ccin ~-'=d.,UIIl adulowJcd&ed 10 me,that $\Ith COlpClnlUon,:CXec\llC'd' t:.,." ~r.~"". :Jr.d .....:ifnl,)Q;'k~:.......-.J II.) ::;..(: ~. ~~ ~~::un ~U:l!d ~ ~!.h.::: ~ 'pul"'SUilnt to "its' h)".li:'W$~c.r: Q', T'C'~"h: ti.q: uf i~< b<~:rd or dire.: l(ln:. ' , \"'!T~ESS m.. b=d "cd "mdal Rat ~~~. Cnm.-r>is...cin E>oint'C:S: ,,__..._....wc-.,__. . (SEAL)" CERnftCATE OF AC~TANa GO\'ernmCf\\ Cod" :;;..~..lio" :r.:UH TI! 15 15 TO CERTIF\. ~l ,;,.. ;"'t''"C<: VI ~1 . ;>rl'P"~ CUll":' eel '"", l'tb-"";''';' lrf.1 ~f'll....~ ' .~l' 'd:r-'."....", ....,.., from n '" J,.J "..J. q,,#oI:P~'Y-~'i"<i1,;" JJ..- r',hr"';'.. r CO.; !" tt>t CITY Of' C^)f1t~..u~ ~ ,11"'n~! ~.-: " " l:,',,'l~' :::<<rtl:.-.l :n- 11lr :::1,kn..~', ~!~ Of" ~l <'I' b,;~",11 "f I!le Cily 01 c..~.. ~ 10 :alllhGrill" .-..1"<,,,-..\ :..' R~"'''T;'''' ;If')'..r 'If;r - ('.:>-""~l C-.... ('....".,. ",~..d on JUIJ(:,1....19:i". ...s .. .....lIR ~ ' "':"" :.~ ""o)Ol$:;.".: ~{ 'b-.iu ~~-..J_ nrflc'C'r. . ~.... J u ..> L--:- ~. , / ~ Tb:~""--""'j'.T ~.~....,.~~. "'!l~"f"'-# ~-.-. . ~;: (';I:<,~ ll,"'e:1 ~~:-dci. Cll.iI ~ CT7Y Ct.'ER...'t 7S ~, C!:.N'!'Ml. ",\:& C"-Y.'PIlEl.L CAUF. ~ ~RDER'S USE Ol\"LY.' 1'(0 'f'E'E: . ", .~;,:; . .:.. ........ .. ;..:.'.-i~'" , ,'.IIAD ~ CAUf<lIlHlA o:uGV 01' 1 , j&-" ...,' '~,:::~::, ... . ............. - :.:...;..,; . .". ..~.... : " ! ! .. EicrQw:\". -::>? --< oC1' <7""-:",':::;- ,~:.: .' Fe.bruary,18. .1964 , 0- w.t. _;...,.:....."" """. -., ~ ...'.... for lOW c-., ... ..... ..-. ......., 11 -e... 1; I ~J --.-:.;~~~q~~f'- e! "'- ~ I . _j ...~w~, "=~.."" """.=~~. ,I -- - .- -.- .....- .:~":L" .- ...,.,.------.. ....., ~ ~..' .:"'-\7:.-~ . ~-~ ~:.: ~-:A.\._~" "~" . "-~J,,/;~.~~;....w..._~"""___ . " - . J ,<, . . '\./ .....yCM.:~=' ......!..~.:'!.h r-C~.'-"".'" ,q.. ~~ ^ ~ Rich:tTd H. Gl'ey >!' .\ ,j '.- ..,~- ...........--. 1 "" l' I. '" ,1 l , , ..~ ! .j '. ." t I :;...... ..'::. .. r I r ~ent by: SANrA CLARA LAND TITLE 4082940851j 10/30/9B 3;44PMjJedax #77BjPage 8/12 ~~_,,'~~~~'-"r'- ~ -- -~-_._.-..~----... d. ....~-....l .. _:,..~~.:.::...;;.:..,;;...:-.-:",,~~:---. :;).rt~.p-~.._--~,.~~----,~,.,_. ..-~~4 . '.'._,~t~.lI :.t~~yoa, " \' " '. ':: '"':' " ';'"'' , .."..",.. ' '1 ' -,:~;;.,~:;:~. .~.;::r~~~,.,"\/~.~..:/~..,'~',.-,-,..;, ,.':.' eeBr.4128"n~, 429 Lf \.~ -.. 'j.', . - ,1.:....~;i~~.t~.,;\,,~..,,~ II-..!.~":' 4"}. . . - ". .~ ~l; ....,_...; ..... ~_'. . ~~j~.:/'::::J-<~~~>~(.:~'~,~~'~,~,\"''''''''''', ;: ',:" ,':.' '.. "',: ..1 i,:~ ... ,...,'..1'.,' "._.:ll';!'f,J.,,:';\"'-"'~""'."""'~ .~" ,~..,," ,..,r:1 -'~:'''~''Ji~:' '. ~":"!ii;;:~',i:,~~~f~';-:,-:;,~::..: ' "~'i!>>J~,:,,:, .' ~ ,..- ~~r. .. . 'it ~ ~,;'~'c- _~'&L~ ::::~~.~~<-,~ .': ~.~::;:;: :,;:;,~:~_..-::!... .'1,!~,':.,j ~". ..1,.,. '...:...~'-<"__..,....._~..,'~..,...., ......_'.J..... ...'.~.,..-,' ---, ' '" \! _:;L_:;ki~:~;:~..i~ .I~ .~~Ol T~ ($~~'~u.r~ .~wful money of the:1': .:.:.UaitM S!".at~;~'GI<ANT' . ~ ... . '. . '~',. .:',;.;, " y'., , .' : l!(: _ .J- .. .'SANY"cL..RA.VAW W..,n:~;-CONSZ.VATIQ~ ~;STRlcr. .' · T ".,- "'~.~';'~~,'OOo~;~~t~~~~O}Y:'~F~:~~~~~~:~r.;~~d bl:~~~~.!:.'~~~_ ~...oi ,~~~ St~ic:uf :to ~~ ~;~.~. all that real ph~rl1 ~ isl the .~)' of Santa OaR, State ,of Califoml11, '~. ' eell;ri.~~"':w7~,ia;~.. p1~;;"W &D4,:".rlbed up.... that I certain JU.P"of.;lq p1;a~...be:r94l.. ,G. Gri. '19. _~1U.4 "LIJID8 OP -~-D; li. !'.. .dJ) I!JA rF'~.." ccma1..~1DI or 2 ab..t.. ~~c1 xa,. 19. 19$87 iii', lIb..1ob ",!'..1~. il5..6'io~ w~ .plat 1. hereunto a1;uched, IUl"ketd Exhibit "A" end ude a part bereot. ~ 1~95C85 1~,4128 p!~429 ~l~~~~i({C~~O ,..11Di..-IJ ,; 1l'I. " JII: Zl i:;o;;. \959 ~ I,' " \1 I tI,..."llo.....~ . . ....;....;J ~~;..a. .. ' J, -" ~... ' '11" " ~:"'';~ ",. )9_ ;J: -- I \ 3:44PM;JeHix #778;Page 9/12 ~ \\'rn."'!-:5S WHEafA.r. the ~ 6.na part...1.~_,_Ja"'-" ..__.Je.AJ ~L..j.c./~' --- .. 19,..2;! , ' ':,;:' '11';; ,_L j " i1B1)~ 4128 .,..~i30E~. -:.:::-::-~~~~.,.;' ':=:?~~-~.~ , ',' ',::, , " , " ~,~,'.' ~:~-::~..~:;"~:"":'.',;,>.' , ~ :.. ,,' ,~.;~::.:.. ',".. :\::. - .~~..'-....:.: .-. '", '. I,. . .... --'~d .:.. '. - .. 1-:' .... J --~~.. ~~_~=~~..~~~u~~~:;~., 'J:: r. Sa::~&..q~ 0;; ~_./~.!.'!. ./Qf ~,._):...K~y:_..---._- ...' Jr.'R~~!:Jl=CL. ?~~7-:,~,~~_.. -,.,"_ ~Eo<e lJ7." ." } ,"'" ".' ,,' .. . ~.~-', ',. ',':':,~: .":~;'~~~d-',Ff;':,': .. .-.: " ~.-d this C'DIl'~~-:mce chis :LOt. - - . , - '. '" C ..'-.._. .."-.w-, _. ....--.-........... ..... "". J ./ ." i~-." .. --...,,: ~ ?' >> ., in ril<- Tr.IoIl' 11>'; (oar lPni (')pc ~W:.a!oOI.nd ~m.- .Rn~~ ~' R.., ~.>:r~--- -. - --.... .. ---,~'~ .,..! S5= ta ::A"ars ,. ~ X~ Puf.,t:.:. ::::. :.r.cJ !~ ~~-- --' .., ' .~ ~ 1iJ'€' ("'~[~ ~c.;tl...~ .:.. ..:... (b::t,- rorom;......~.~ ~l h. ~-pr"'.sAi .4#/ J;hd.!k/~,~4' .....'..~, ":,~-~-:r:::L:.:::~' ~::'C':'!, - K ;...., .....{,;. ~l ::.:= .:=.: ;..,t ?..c- t~C" .<ts.m:s 4b:~ i:n :iJId ~ n;aur,~ &:6 ~-:ibc'.:! w (he- ..;(11;11 .."_~,="~.,..~: .0'-:, .2"::':-::t,;,..t~~ .n, o:x :~ . ..!Ie.. .. ~-o!rd tbt-~. . ',. . L' ~\'lT:'~~"'::'::' 'Si-iF..REOF. I tQ~~ ~:o ~ ~. t-..:!"lG and :l;f:':xC"'l In~' of.lo.-i.-d ~I ~'Il1.:'" '(\(f"~.i... C~y Qf SaD'Ca ~~a,...,_. .the d;))~~' ~T:\T'..,}~!..~>:.:.. ~ : \~-;,. ':. . - .\'. 'J.' .... : . . .. .. '.. ,. '." 'f -' ......-~ ,_ .~.~. _':.C' :/',-:..: ..r._...... _~~..a . J.,../ CL~~r.. /('~~ ~ClClfY Pub:.. &I, Olll<i ("I' ~iJ . , , n_...... ..... ..'.';~._.. ~ .,." C.,.."t)' ('~ Santa Clara .... ...... StU" c.1 C~Ja;,i~' \ . :!'.~n!-':"!': ~xl"rt" 6.~1' :; 5- "../ fj '-I ._'~:;'J ,. ~ -:i i ::;. ,! 'I ~ f. . ". :i; ,:. " .! '.~ ",: ", " "T " ,.' .,'~ '. , . . !....:- :~\; I, I ~ ' .y .U: . . I;' . '~" '~~ ;. ,I. ,I ." ,'I: !I ~ . jj i~ t-.. 'I ' ' ..', . 'L ;<, ;~'" ':" , y~ ri: ,~'., " .' ~: ') .~ '~ J ; i " .~ I ,> ~: l. r " ~: .~~ t! i ,f ~I -:-- ... j J ,I ient by: SANTA CLARA LAND TITLE 4Utj~84Utjtl' j 'U/~U/8~ ~:40~MjJeHax "({~j~age 'U/'~ .~ ~ .i;. ..~ i : 'I: lOot4128 ~431 SAN-r-~eL:A~":'V..6..J. a: -WV-WATCA..C:ONSUVATION' clSTfUCl:. " , '. , '~:' 'NIO' ...i.lllArxN ItOAO ..." ~ ," :<..,/ "','~: e.A~.; cu.It~ eOONTv ~f'OftNIA" ,-qrtJIl'1' "jw "_._,--;:~-,,-,,,:,'J:"RIG.HT oF-wAY PLAT '_" \'.:~ .- .... ". ._' .... ..... ''''''';"''_ ........ ' N . .'~ 11 . ,.' ,;f : ,~ .'; t .::,i 0,1 ~ '. .~ ~.l ,,, ,-,);:: "i .;, .;; ~. .,.: :: ., ," '---' ',; /. . ~ ", . :;~ ,jii', . -~ l;~ . "~~Y 'oJ ';, 5H~ET~~O~~.~EETS 'L.O.c:r..:,jt) , DAn :i.1Il'tlS ~H. T ..~:m~ PLTKaSD ~~::::;:":.'" '.:"~''''SURvn. 'NO. ft.a719. 1~8 .., ., SCORSUR 6~O - OR - 3~' ..':';' ~, I ~ ,[j .~ I I Ii II U SeAl. E ,", 100' '" 'on ... , I t. ... ,~ :s ...l on <l t ... lit .). 0 <l I oJ ::: ~ J; : ',~ "! '.~.. .:r : ~, ~ v~" 46 '}O. J '.. \oJ '.. 0 ... . - 0_ V\ I. GtJ(tIC)9 .. ~~ <<.J' ....g C,;, -'" ....., 5.9035'_ Z7:\ '0' , ~:. . Cl . :!: ',j, ,: .~ , "I' ',0. . '" , , ;:: 'i ,',' t ::~~ p~rE;;S[:oi , - ~ ~ . OR - (;59 ' ... '0 . .... ~ ::; .... RAl'fOElL 1611-o,!, C!72 ~ II> z ~ -. -----.---..-::;. ... on I t I I ......---'. ~. .......... ), jl "~t' , t ,'1;" . ...~ , ' , " .~I' . ",', ' ""/t' . . ;: t ,d' . .... ). '~~RGO )01l7-01t'..6 , .I I 1 I ..,' . .... . G J!J, "i>... CI, ....C 0'1' ~ "" ..~ ~ '> 84 ........ $.;> -9 . ........ " 1- 0.. t'S , ~S1 '~ ~/ //" ... // , ./" / ~. ,,,,,,,, ........ ,.. '. .,.,~.<"<c,./._; '~/'~' ~(" (,~ ,./ ,~ ./,./ " /..- ~'" ./'/ ,. ,.... ,/ .// / I ,~ ".... ~ ,/' ~ '~ J.Io' ~..'~ .~~ ..,..... ..)., ", Hr :l :I ,'~ ':t: , a f~ ~~'I H J a IDA PETERSEN L G Cr NO ~ - 2. OZ~ Ac // / , I ' .; , . / ,,~, ,. .,. ,. ,..' ,., _.. _ ~/ i. ;', - 'L'I J' l.J~' ,. ~.:.....:____.... (:t-1I6" E:NGINE'rn, 5 C v w ( n IE ~~:t~1 1":,1."'" , -;;~; ~:-,""~~~'-~! )ent by: SANTA CLARA LAND TITLE 4082940851 j 10/30/98 3:45PMjJerlax #778jpage 11/12 -_.'~._"'.''''':-~ ~G014128 ,~C!4:32 SANTA CLARA VALLEY WATER CONSERVATION DISTRICT 1..10 .........O<<N ",0.0.0 84" )().. .ANTA CU.,.' COUNTY. CALII"ORHIA ftlltBI'l' -A..- RIGHT OF WAY PLAT SHEET _,2 ,O......L. SHEETS 5URV~Y NO. L.Ci..Cr. " OAT- May lCJ. 1958 FOR LANDS Of' H. T. J,.'IO IDA PlttERS!);, 4'l.l that cwt&1n parcel ot land ,e1tua't.41 in the CoUnt,. of Santa Clltra. -. ate , or Cal1rornla .I'd "'0 pert10ulerly d.aor1bed &II rollclWl J Ee<<1nnlng at & lW bar at the northw.~t corner of 1~~ c~~lJd ~ Y,.n~~' II. Rel'ldell et ax, to H. ,. .an! lda Pet.er..n bJ d~n d.tod~8~ ,-~/~~~r1W~~\( 1'?'.fj of Crf1c111.1 Racord15 at. pa"':" f'59, reoordll or 5.,,.ta Clua County. C.1 ~ :",rr1a: running thtlnce SP.90"5 'Z and alonlf tho northlD"n boW'dary of li1l1~ lltnJfi 1.(';. iC' "."It too tilt: r.orthee.at. eCTMr or _aid land. on the aection line running north llm 1I0',Ith t.hrougb the center ot Seot1on :"5. 'I'<*nehlp "7 South, Ranp 1 \1.lIt, M,t:. B. & Yo, ~hence t.o am along aa~ .ect1on line, ... being the eae'teJ"n bourxlary or said lands 5no]~'E 111.00 t.et to 8 poi~t ~berQop thence leay1n~ said. southern boundar~ and running S~oJ~'\1 275.10 r.et, Slo12'4n-E-14'.94 feet to an angle 1n the eaetern bourdary of Inid 111M!' t.n.nco to .nd along thr.. 1:1,..:1 or ea1d larihl S;70~'7 'Iol ~S.9!' toetl NS40('l'.... ').M.'77 reet and tllLo49'E 19;," r..t. to the tllaoa ot be!';innlnr: . Con~1n1.Dg 2.024 eu::-.,a of l.~, !DOTe err leas, and bll~g a pcrt1or. of f1ret above re!'erred t.o ]a.nd~ ot !-;. :- _ and Ida Poto!'een in th. iouthweat 1/1. lIection 35. r~nBh1!=> ':' So\lt.h, Rar.~ ::.. \last, ll'!.D.El. &: M. Santa Clue. County, Ca11fcrfl1a. , ,," ;-~ .. ", " _."~. . l'" ~ . _ ...._.-...J: .~-,..,.- -.--. : I Cl ,~'T" I'... ~.I ",' .' , I ~,' \I IN I U ~ ~~~ ':~,,:;t":...~;:.'.~ j; , ,'~ ~ ~~'~ ':.1.,,;1, " :j '.f ':0; .~ ;)q '''1\) ;\11, ., !\ '), 1 ,l 4 I !oj' '. ~~ .1 "?i 1- f l: ;j i } ;~ I t cr .; .; ~ .. :,~~ I ..~ --' .":"d,"- , .- ';::"- ,.- -~--l":lIll""-~~~""--'--------'-- , . I )\ :'..i . .. : . ~.' I ' ~ I.: .. I ,. . ,', .'. I 'I: I I: " J . i B f1!! ~ -::~~ . ;>"..:~~-;..':,..,::;" itsdbdhnt"., lOt 4128 433 ~: . :>,:-;"'.~." :;.; : q . . :.,;i',.. '.,;'.';. . .' . :.; ..,t. ;.:.,,~~:. . , BE;.ftRESOLVED, that the Secretary o~ santi~da!WYaue,. Waiii ~ Di~~;'aud ,,~ i!; m;eby.ilt."thorixd;:cmpowued,and~ to :ilc:eptJor~' CD bdWfof..1aid.,~'an)' and 01.11 . .......'.. I,' I . " (leeds, granB: 'or other inst~~t! conveying to, said 'Dist~ ~~~t.~~ or' ,any':in~ ,~, o~ ase- ;";,,,.:r.:: ~he!'::O~; ,f~'r pllb1ic Jnuposn, by execUtil1g hie writtea aCCClltana! .Dd a~btl\g ~~ acceptal'..ce to' ~~h deeds, granu or other instrumenb. ~ .: . BE. iT. FURT.H2.R~ESO:" VED, ,:=~ ~ s::=euy,of. S;!nt.? Oara Y:a:ll~ Wale-:-, ~1erv~~on Dis- Irict he. and be'i:r;-hereby-1lUtborized, empowered and d~ to comart to the recordation of said deeds, J;r.l~'i 'or ~cr .~, w,jT.W1S and 10 affix the seal of sai'.3 District to 'his certificate of co,nscnt 2nd :tCC'eplancC'. - C!tt:tiftratt nf Gt1tttStltt' anb' !\rrtptanrr THIS IS TO CERTIFY.:hd: the within ~tioo j, a fall. tTUe ~ cornet copy of a nsolution ~':::T ~t'd hy a.b: ~:d of lM<<ton of Sa!O C1:att Vane,- W~ Conscn"2.UOU District at a n~g d ~ Baud cf DisUllC.u I~ met c!iaIJ ~YIU.~utd and bdd on the 5th day of ~bcr. 19JJ. :lOll ,~ ~~ ~ '" di .. fall ~ acd dFft'1.. ad has Df!YC!' brm rnoktd. .~ is 1\'0 !:n!lrr <<nil, ther ~ ~ by ~:t=e of ~ authority ~,,,,~d in ~id ~ution. I ..:ko;'~~l! f'ir. x:-.~ oe ~f 01 ~ ~ t~ ~ C!~ ~ M ..~1"lS1DC!Il COQt'tying to ~id Dis:rict ~ l:T:I! F+ft). Ot' ~ thttcia. or l!lI.~ tbr::Nn. ~ ~ to t~ rKW'Q:ion of ~id c1~I. ~;;::r ;....u~.llIl:. .. . , ]~ \\TT~F..S.';; WPBE~. i ~'C' t'OD"....._(.,. ~ ~ bad aDd :afta.cd the ~.'of '~ ~rict.. (hi.: SS _'\,~ ..; 21d_ bJ" e! _.._._ ,-.lIll;r.,- , " .. 'f9._._ .....-... ,..... ..... -. . .... ./~~~~..; ~ $.\~T:\ ("LJ\~ \'~y .. WATER COX~ER'.:\r.(O:t ~~~R~. . - ~ :'.! ,\TE nF C.\UFOR~C , ~ ~. 'i,'Yt~':\.IY ,)F :'.-\:\1',\ ("L\~ \ ."):: t~.:..;. 21..~ ,~~ .;.i '. ... . J~.... ,. '.. ....... , in l~ )'tar of ocr l.nnf 01l~ ~~"':J~;""~ :'\i:-;~ li,.::tJ:-y.j ;;:nO.I . !"1.!~y~.oigh~.. . !,lC'fot(' ll~. . ,.t.b. ur...~.t~, ..,... ,..,.,-..-.................. ... ..,..............'........., ......... .......... ... ~('t~ry l'bbrK in :I~ f"l-:' ~..~ ("ounl~' of ~nt:l aar:2. S13t~ of \:llifomia. re~irling the~c:jn, duly corn- :!~;";N~': ..1':.1 ~w".:1). pr['!W)fl.all>' 3pp<'aJ'e(1... . "1!t1O.8J:...R.,,...,RED.E:.EN................. .................,...........,, .. .."........ .... .... '.... .............., . ..Z'r.o....t............ ,.... ................ ,.... ..................., ,..., ..,.,........................ .... ..... ~~Cl";. :0 ll~(' :0 1,<, lhe r;:..:crc:~:tr-/l'f S::Int~ (lM:l \';I!1l'Y \V:lIt'r Cnn;;cn':.lioll Di:;tril1 :11\(1 who~~ nallle is _nh-,~r;I.'~t! III th(' ,,'ithin ~rtjfiC'ate of l'OI1~nr "00 ~H'\'ert~,"n:' :In,' :ldmowlC'(l~c<l to me that he e:<~cnh'" ~;'''' ';llll<' f,~r :11"! eJll hc!1;J1{ o{ ~:1id !':tntJ Cbr:l V:lil("~' \V;\l("r ConYr\':\tiiln Di..tri<'l. 1:--: \\'IT:\'t-:S.'' \\'Hl':Kr:Of'. 1 h;j\'f' 1:(';/'1111::; ),( Ill\' him,) iill'\llfli.....,1 ",,' .'.....ki...1 ~...i\1 .It nlV ",).,'" in ..,:,' C::111:ty n! ~:\!':t;'\ Cl:<ra :hl:' rl:\y ::11,1 ~~;H II. Ihi~ "l'r;ill,'a:e flri'~"'; :..~:ri;:'i~l: '. . . . l' ..' . "~: ...I!!--<'~........... ~f)~' ~uH,' in l\l1d t~,i ;;:lic1 COlllnl... "r ,,~\;!~~;""'~~~,,~:,,; !fIrt!i" ..... ~_.... ,.' "" .~ ..~. ., " \ ': I _ .~'.;,:.-_2;,..-~.r:~~!'.r.:~~..',.,f:":-.;;..'.,.:;I-::.,.,..~;:;;'.:,::."' .....;.,. ::",-<;;;.~';r...-",:~' . .~...-":"":"-";c.......~......"'..'.G'H-__' """,'''-,-- "'-.".,""""~.~-"._--..,- -.-- m..__: r-:-' ~ L! ", , \'-:'1 ',' . ," .... . '; { 'I;"': " , ; ~] j' ~ j I,; : :\1',:' ' ..J\" '11<1 :,l\t,~,' ' , ~,~ '.',1' . . .0' j ,I :i ':~;!,\J.I:I~ ~' :1 ' , I '\ q-i ' '., . ~. .:~, '1' ,1 ." "'I ,~ ;1 , " ;1 . .~i J ; t 'I' ,. ,d ," i ~ i ;i, I'" .." ;" ; ')-, " " '~ ;, -l[ J " :t '~': 'i I , ;j, .. ,~ ~ " 'I -, DATE: March 1, 1999 DELIVER TO: NAME: FAX NUMBER: 'VILLIAM G. FILICE .1\ P,Qo"..t;~~'ONAL CO~jllIO~ATION ....,.,.ORNE'y AT LAW Q~.~^,'~S'( 'TA.'Y'I...O~ ~{'~C:E". S.U ITE I'ii\ 5^~ .701':2. C....LIFOR1""IA. ~:HI!6-18~O 'T~l..~PMO""n: (40el 2:2'7-6004 FA.r:' (40~) ~?Q~.300.2: FACSIMILE COVER SHEET Ken Neumeister 650) 322-5029 NUMBER OF PAGES INCLUDING COVER SHEET: 11 RE: Petersen Trust MESSAGE: \ ! I (}UvJ 'i. I(J The information contained in this facsimile trlessage Is legally privileged and confidential information intended only for the use of the Individual or entitv named above, If the reader of tnlS message 15 not the intended reciPient, YOU are hereby notified that any dissemination, distribution or copy of thiS telecopy is strictly prohibited. If you nave received this telecopy in error, please Immediately notify us by telephone at (408) 297-6004 and return the original message to us at the address noted above via the united states Mall. Tl1anl< you. te-d :zee~6L:Z8et> S~l 1.~ A'~~ +. k. ~J t J!a- t'-d~,v t.t...~ ~_M ~i~~~ ~ 3~III~ 'ONIN THE IDA ROSE PETERSEN LIVING TRUST THE DECLARATION OF TRUSI IDA ROSE PETERSEN of Santa Clara County, California, herein called "Trustor," hereby transfers to IDA ROSE PETERSEN, herein also referred to as "Trustee", all of the property described in Exhibit A attached hereto, to constitute, together with any other property that may become subject to this Declaration of Trust, the Trust Estate, to be held, administered, and distributed by the Trustee as provided in this Declara.tion of Trust. The term "Trustee" as used in this Declaration of -rrust shall include the Trustee and any Successor Trustee(s) . ARTICLE 1. RIGHTS RESERVED TO TRUSTOR Section 1.01 Any person, including Trustor, may at any time, either before or after death of the Trustor, add other property acceptable to the Trustee to the Trust Estate by conveyance, assignment, transfer, or Will. Such property when received and accepted by the Trustee shall become part of the Trust Estate and be subject to all the terms and provisions of this Declaration of Trust. Section 1.02 While living, the Trustor may, at any time and from time to time, by written notice signed by the Trustor and delivered to the Trustee: (a) Revoke or change the interest in any trust created or to be created pursuant to this Declaration of any beneficiary named in this Declaration or in any amendment to this Declaration. (b) Amend any provision of this Declaration or any amendment to this Declaration to such extent as may be acceptable to the Trustee. Page One of Eleven \ Z13'd Z1313~6LZ813t> ~i~~~ ~ 3JI'I~ 'ONIN expenses of the last illness, funeral, burial, and taxes, this trust shall terminate and all the Trust Estate then in the possession of the Successor Trustee(s) shall be distributed by the Successor Trustee(s) free of trust to the Trustor's children, JOHN W, PETERSEN and HENRY T. PETERSEN. share and share alike as a class gift with rights of survivorship; provided, however, that if either child should predecease the Trustor leaving issue surviving, those issue shall take in equal shares on the principle Df representation the share of the Trust Estate that the deceased child would have taken had the deceased child survived the Trustor. ARTICLE 3, POWERS OF TRUSTEE Section 3.01 The Trustee is authorized to retain in the trust for such time as it may deem advisable any property, including shares of its own stock, received by it from the Trustor, whether or not such property is of the character permitted by law for the investment of trust funds. and to operate at the risk of the Trust .Estate any business or property received by it from the Trustor. Section 3.02 The Trustee shall with respect to any and all property which may at any time be held by it in trust pursuant to this Declaration, whether such property constitutes principal or accumulated income of any trust provided for in this Declaration, have the power, exercisoble in the Trustee's discretion cd any time and from time to time on such terms and in such manner as Trustee may deem advisable, to: (a) Sell, convey, exchange, convert, improve. repair, mange, operate, and control. (b) Lease for terms within or beyond the term of any trust provided for in this Declaration and for any purpose, including exploration for and removal of gas, oil, and other minerals; and enter Page Three of Eleven " ~el.d Zelel~6LZ8el~ ~i~~~ ~ 38III~ 'ONIN into any corwenants and agreements relating to the property so leased or to make any improvements which may then or thereafter be erected on such property. (e) Encumber or hypothecate for any trust purpose by mortgage, deed of trust, pledge, or otherwise. (d) Carry insurance of such kinds and in such amounts at the expense of any trust provided for in this Declaration as the Trustee may deem advisable. (e) Commence or defend at the expense of any trust provided for in this Declaration such litigation with respect to any such trust or any property of the Trust Estate as it may deem advisable. (f) Invest and reinvest the trust funds in such property as the Trustee may deem advisable, whether or not of the character permitted by law for the investment of trust funds. (g) Vote and give proxies to vote any securities having voting rights, including stock of the Trustee, held by it in trust pursuant to this Declaration, (h) Pay any assessments or other charges levied on any stock or other security held by it in trust pursuant to this Declaration. (i) Exercise any subscriptions, conversions, or olher rights or options which may at any time attach, belong, or be given to the holders of any stocks, bonds, securities, or other instruments held by it in trust pursuant to this Declaration. (j) Participate in any plans or proceedings for the foreclosure, reorganization, consolidation, merger, or liquidation of any corporation or organization that has issued securities held by it in trust pursuant to this Declaration, and incident to such participation to deposit securities with and transfer title of securities to any protective or other committee established to further or defeat any such plan or proceedings. Page Four of Eleven t>oe"d Z00%:6LZB0t>o ~~~~~ ~ 3~I'I~ 'ONIN (k) Enforce any mortgage or deed to trust or pledge held by it in trust pursuant to this Declaration and at any sale under any such mortgage, or deed of trust, or pledge, to bid and purchase at the expense of any trUst provided for in this Declaration any property subject to such security instrument. (I) Compromise, submit to arbitration, release with or without consideration, and otherwise adjust any claims in favor of or against any trust provided for in this Declaration. (m) Subject to any limitations expressly set forth in this Declaration and to the faithful performance of its fiduciary obligations, to do all such acts, take all such proceedings, and exercise all such rights and privileges as could be done, taken, or exercised by an absolute owner of the trust property. Section 3.03 The Trustee shall have power to borrow money from any person, firm, or corporation, for any trust purpose on such terms and conditions as the Trustee may deem proper, and to obligate the trust to repay such borrowed money. Section 3.04 The Trustee is authorized to loan or advance its own funds to the trust for any trust purpose at the rate of interest being charged by the Trustee at the time such loan of advance Is made to other persons having a net worth equal to that of the Trust Estate for similar loans or advances. Any such loan or advance, together with the interest accruing on such loan or advance, shall be a first lien against and shall be repaid to the Trust Estate. Section 3.05 The Trustee is authorized to purchase securities or other property from and to make loans and advancements from the Trust Estate with or without security to the executor or other representative of the Trustor's estate. Page Five of Eleven ge"d z:ee26LZ:8e~ ~i~~~ ~ 3~I'I~ 'ONIN Section 3.06 The Trustee may hold securities or other property subject to this Declaration in its name as Trustee under this Declaration. in its own name without a designation showing it to be the Trustee under this Declaration, or in the name of its nominee. or the Trustee may hold securities unregistered in such a condition that ownership will pass by delivery. Section 3.07 Except as otherwise specifically provided for in this Declaration, the Trustee shall have full power and authority to determine, in its discretion, what shall constitute principal of the Trust Estate. gross income of the Trust Estate, and net income or the Trust Estate distributable under the terms of this Declaration. The determination of the Trustee as to what constitutes principal, gross Income. or net income of the Trust Estate shall, except as may be otherwise expressly provided in this Declaration, be conclusive and binding on all persons in any manner interested in any trust created or to be created pursuant to this Declaration. Section 3,08 All property taxes, assessments, fees, charges. and other expenses incurred by the Trustee in the administration or protection of any trust created by this Declaration, shall be a charge on the Trust Estate and shall be paid by the Trustee prior to final distribution of the Trust Estate in full out of the principal or in full out of the income of the Trust Estate, or partially uut of the principal and partially out of the income of the Trust Estate, in such a manner and proportion as the Trustee may deem advisable. The determination of the trustee to pay any such expenses and charges from the principal or income of the Trust Estate of partially from each shall be conclusive and binding on all persons in any manner Interested in any trust created by or pursuant to this Declaration_ Page Six of Eleven '3eod zee~6LZSei> ~i~~~ ~ 3~I'I~ 'ONIN Section 3.09 The Trustee may make any elections under the federal and state income and estate tax laws applicable to the Trust Estate that the Trustee determines should be made for the benefit of the trust beneficiaries, No compensating adjustments between, principal and income shall be made even though the elections made under the tax laws by the executor or Trustor's estate or the Trustee may affect, beneficially or adversely, the interests of the beneficiaries. The actions of the Trustee shall be binding upon all beneficiaries. Section 3.10 The Trustee shall pay all federal estate tax and any state death taxes imposed because of the death or the Trustor, and attributable to any assets included in the Trust Estate, out of the principal 01 the Trust Estate as a whole, and shall not charge all or any part of that payment against the individual interests of the various beneficiaries of this trust. Should any tax be partly attributable to the assets of the Trust Estate, the Trustee shall pay out the prlncipaJ of the Trust Estate only that portion of the tax bearing the same ratio as the total amount of tax bears to the total value of all property giving rise to lhe tax. A 0'-.1". r.A An......'an-r""...,....".r-- ""r""'............._._..._ Le-d zee26LZBe-t- ~~~~~ ~ 3~III~ 'ONIN t- .~ ARTICLE 5. RESIGNA TION A~D COMPENSA l'ON OF IRUSTI;E Section 5.01 The Trustee shall have the right to resign at any time. Upon the dealh, resignation, or Inability of the Trustee to perform Page Eight of Eleven eeod z:eeS;:6.Lz:ee~ ~i~~~ ~ 3~I'I~ 'ONIN the duties as Trustee. the Trustor appoints her, JOHN W. PEtERSEN and HENRY T. PETERSEN as Successor Co-trustees, or the survivor of the two should one predecease the Trustor. In the event of the failure, refusal, or inability of the Trustor to otherwise appoint a Successor Trustee, any beneficiary of any trust provided for in this Declaration may secure, at the expense of any trust provided for iri this Declaration and then in existence. the appointment of a Successor Trustee by a court of competent jurisdiction. Section 5.02 Any Successor Trustee appointed as provided for in Section 5.01 of this Declaration shall immediately succeed to the full title of Trustee of the Trust Estate and to all powers, rights, discretion, obligations. and immunities of the Trustee under this Declaration, with the same effect as though the successor were originally named as Trustee in this Declaration. Section 5.03 The compensation of any Trustee of any trust created herein shall be reasonable and only as agreed to by all beneficiaries of any trust created, or as may be established by any count of competent jurisdiction. ARTICLE 6. CONSTRUCTION OF TRUST Section 6.01 The trusts created by this Declaration have been accepted by the Trustee in the State of California, will be administered by the Trustee in California, and the validity, construction, and all rights under this Declaration shall be governed by the laws of the State of California. Page Nine of Eleven " 6B"d ZBB~6LZ8B1:> ~L~~~ ~ 3~I'I~ 'ONIN Section 6,02 Should any provision of this Declaration be or become invalid or unenforceable, the remaining provisions of this Declaration shall remain fully effective. Section 6.03 Any notices or other communications required or permitted by this Declaration to be delivered to or served on the Trustee shall be deemed properly delivered to, served on, and received by the Trustee when personally delivered to IDA ROSE PETERSEN. or, in lieu of personal service, when deposited in the United States mail, c'!irtified with postage prepaid, addressed to the Trustee at 3201 lake Albano Circle. San Jose, California. EXECUTED on June 21, 1990, at Santa Clara County, California. ~~g/~ IDA R. PETERSEN, TRUSTOR ~ ~ ~.M" AI ~~-- IDA R. PETERSEN, TRUSTEE Page Ten of Eleven I r' '. o t - d 'z: 0 0l<: 6.L z: 8 0 too ~i~~~ ~ 3~I'I~ 'ONIN State of California ) ) 55 County of Santa Clara ) On this 21 st day of June, in the year 1990, before me ROBERT L. RANDALL, a notary public, personally appeared IDA A. PETERSEN. personally known to me or proved to me ion the basis of satisfactory evidence to be the person whose name is subscribed to this instrument. and acknowledged that she executed it. IN WITNESS WHEREOF. I hereunto set m e QFFIClAt. SEAL ROBERT L RANOAll NOTAtIV PU8UC' O<\lJI'ORMA P 8AHTACtARAeOuNrY MyC_ '''''''''''' JI.'''I , . I seal Notary Public Page Eleven of Eleven '[ '[ . d Z:BB~6LZ:8Bt> ~i~~~ ~ 3~I'I~ 'ONIN '1-337-.....0L ~T GOLDEN CAll FOR'<I.., TITLE COMR'\."IY VALLEY TITLE 01\(1510:--< PRELIMINARY REPORT xx - 300 South First Street - San Jose, 95113 (408) 292.7150 - 2160 South Bascom Avenue, Ste. 3 - Campbell, 95008 (408) 371-7891 - 2354 Alum Rock Avenue - San Jose, 95116 (408) 251.8500 PROPERTY ADDRESS: 563 East McGlincey Lane Campbell, CA .., f -./ (507-- 4 [7.-"/ ? Dated as of Jul y 24, 1996 ESCROW NO. 206747 (PB) at 7:30 a.m. In the event of cancellation, a minimum charge of $300.00 will be made. If the escrow has not closed within 90 days from the date hereof, cancellation will be effected unless other provisions are made. ESCROW OFFICER: Pete Borell 0 In response to the above referenced application for a policy of title insurance GOLDEN CALI FORj\;IA TITLE COMP'",,'N V:'u_LEY TITLE DIVISION hereby reports that it is prepared to issue or cause to be issued, as of the date hereof, a Policy or Policies of Trtle 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 encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of mat- ters which are not covered underthe terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS 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 INSUR- ANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. Extended Coyerage I I I I I The form of policy of title insurance contemplated by this report is: 1. California Land Title Association Standard Coverage Policy 2. American Land Title Association Owner's Policy 3, American Land Title Association Residential Title Insurance Policy 4. American Land Title Association Loan Policy 5, Other Standard Coyerage VTC-216 (REV, 1/96) DK/ep 07-24-96 206747 page 1 SCHEDULE A 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee, as to Parcel One An Easement, as to Parcel Two 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: IDA R. PETERSEN, as Trustee of the Ida R. Petersen Living Trust dated June 21, 1990 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, CITY OF CAMPBELL, AND IS DESCRIBED AS FOLLOWS: (Cont'g on next page) 206747 page 2 PARCEL ONE: Beginning at a point in the 1/4 Section line running North and South through the center of section 35, T 7 S, R 1 W, M.D.B, & M" said point being distant thereon south 442.11 feet from the 1/4 Section corner in the center of said Section 35, said point also being a Southeasterly corner of that certain parcel of land conveyed by H. T. Petersen, et ux, to santa Clara Valley Water Conservation District, by Deed dated July 14, 1958 and recorded July 22, 1958 in Book 4128 of Official Records, page 429, Santa Clara County Records; thence leaving said 1/4 section line and running S, 890 35' W_, along a Southerly line of the parcel so conveyed to said water Conservation District, a distance of 275,10 feet to an angle point therein; thence S_ 10 12' 40" E. along an Easterly line of said last mentioned parcel of land to the intersection thereof with the Northerly line of that certain parcel of land described in the Deed of Trust from Kenneth R, Randall, et ux, as Trustors to First pioneer Company, a California Corporation, as Trustee and pioneer Investors Savings and Loan Association, a corporation, as Beneficiary, dated February 4, 1955 and recorded February 16, 1955 in BOOK 3087 of Officia: Records, page 491, Santa Clara County Records; thence along the Northerly line of said last mentioned parcel, N, 890 35' E, 270 feet to the North and South line through the center of said Section 35; thence N. 00 25' W" 80,00 feet to the point of beginning, and being a portion of the Southwest 1/4 Section 35, T, 7 S" R. 1 W" M,D,B, & M" PARCEL NO, 2: A non-exclusive easement, appurtenant to Parcel No_ 1, above described for ingress and egress and for the installation and maintenance of public utilities over a strip of land 25 feet wide the Easterly line of which is the 1/4 section line running North and south through the center of Section 35, T, 7 S., R, 1 W" M.D,B, & M. the Northerly terminus thereof being the Southely line of Parcel No, 1 above described and the southerly terminus being the centerline of McGlincey Lane, 206747 page 3 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: 1, Taxes for the fiscal year 1996-1997 a lien, but not yet due or payable, a. The lien of supplemental taxes, if any, assessed pursuant to provisions of Chapter 3.5 (commencing with section 75) of the Revenue and Taxation Code of the state of California, and/or any additional taxes which may be assessed for added improvements or changes of ownership, subsequent to March I, 1975. 2. Right of Way for ditch etc" dated January 7, 1882 executed by and between 0, C, Wells, S, D, Ayres and H, H. Gilmore and recorded January 7, 1882 in Book "I" of Miscellaneous Records, page 576, records of Santa Clara County, State of California, and reference is hereby made to the record thereof for further particulars. 3, Right of Way for water ditch etc" dated July 17, 1884 executed by E, H. Black to Mrs. Wells, W. H, Gilmore and E. F. Duncan and recorded December 8, 1884 in Book 76 of Deeds, page 293, and reference is hereby made to the record thereof for further particulars. 4. Water right agreement dated October 27, 1892 executed by Gilmore T. Duncan, et aI, with R. W. Thomas, et aI, and recorded on January 12, 1895 in Book I of Miscellaneous Records, page 37, records of Santa Clara County, State of California, and reference is hereby made to the record thereof for further particulars. 5. Right of Way etc., dated January 12, 1893 executed by Mrs, A, M. McGlincy to Mrs. E. A. willett coates, et aI, and recorded on January 13, 1893 in Book X of Miscellaneous Records, page 34, and reference is hereby made to the record thereof for further particulars. 6. Water right, etc" dated January 26, 1893 executed by Mrs. A. M. McGlincy formerly Mrs. A. M. Wells, to the Santa Clara Valley Water Company, a corporation and recorded April I, 1893 in Book 155 of Deeds, page 498, and reference is hereby made to the record for further particulars. 7. Right of way for a road 20 feet wide along easterly line of hereinafter described property as granted by George A. Whipple, et al., to Frank B. Billings and recorded on September 23, 1908 in Book 337 of Deeds, page 138 and reference is hereby made to the record thereof for further particulars. (Contld on next page) 206747 page 4 8. Right of Way etc., dated June 17, 1914 granted by George A. Whipple to Tamer I. Bohnett and recorded on November 10, 1914 in Book 423 of Deeds, page 320, and reference is hereby made to the record thereof for further particulars. 9. An agreement dated June 24, 1914 executed by and between Tamer I. Bohnett, Charles R. Stoller, Oress Stoller, George A. Whipple, et al., and recorded on April 14, 1915 in Book 426 of Deeds, page 584, and reference is hereby made to the record thereof for further particulars, 10. Right of Way for pipe line dated January 5, 1921 executed by Floyd O. Bohnett, et al., with Ralph C. Bohnett, and recorded on December 15, 1921 in Book 546 of Deeds, page 161, records of Santa Clara County, State of California. And an agreement for joint use of said pipe line dated January 12, 1922 executed by Floyd O. Bohnett et al., with Ralph C, Bohnett, was recorded on January 16, 1922 in Book 47 of Miscellaneous Records, page 360, records of Santa Clara County, state of California, and reference is hereby made to the record thereof for further particulars, 11, A Well Agreement dated February 20, 1924 executed by Floyd 0, Bohnett et ux, with S, N. Hedegard, et al, and recorded May 7, 1925 in Book 156 of Official Records, page 314, and reference is hereby made to the record thereof for further particulars. 12. Reservations contained in the Deed from S. N, Hedegard and Annie M. Hedegard, his wife, and A. P. Petersen and Mary S. Petersen, his wife, to Matteo Catalano and Doratea Catalano, his wife, dated November 30, 1925 and recorded December 12, 1925 in Book 204 of Official Records, page 248. Reference is made to said document for full particulars. 13. A permanent easement for the maintenance and operation of Duncan Ditch, as now located, through which water from the Los Gatos Creek may be transported, together with the right of ingress and egress for the maintenance, repair and operation of said ditch as granted by Louis Spinazze and Mary Spinazze, et al, to Lloyd Gardner and George M. Leigh, by instrument dated January 5, 1943 and recorded December 2, 1944 in Book 1228 of Official Records, at page 470, and reference is hereby made to the record thereof for further particulars. (Cont'd on next page) 206747 page 5 14. Right of Way for ingress and egress over all that portion of the 4.008 acre tract hereinafter described included within the bounds of the right of way first hereinafter described, as reserved in the Deed from Louis Spinazze et ux, to Alfred M. Conley et ux, dated March 19, 1946 and recorded March 20, 1946 in Book 1342 of Official Records, page 316, 15. An Ordinance of the City Council of the City of Campbell, adopting the second amended and restated central Campbell Redevelopment Plan for the Central Campbell Redevelopment Project pursuant to the Community Redevelopment Law of the state of California. (Ordinance No: 1860) Recorded: June 18, 1992 Book M245, page 2238, of Official Records statement of Institution of Amendment to a Redevelopment Plan. Recorded: June 18, 1992 Book M246, page 506, of Official Records 16, An Ordinance of the City Council of the City of Campbell, adopting an amendment to the central Campbell Redevelopment Plan pursuant to Health and Safety Code Section 33333.6, and Amending Related Ordinance in connection therewith, (Ordinance No: 1912) Recorded: December 14, 1994 Book N699, page 2159, of Official Records Reference is made to said document for full particulars. 17. Terms, conditions and provisions of the "Trust" as referred to in the vesting herein and the effect of the failure to comply with such terms, conditions and provisions. END OF SCHEDULE B NOTE 1: Taxes for the fiscal year 1995-1996 have been paid. Assessor's Parcel No. 412-31-002. Code 10-106. First Installment $460.53, Second Installment $460.53. Additional Assessor's Parcel No. 412-31-002-99. Code 10-106. First Installment $6.90. Second Installment $6.90. NOTE 2: If title is to be insured in the trustee(s) of a trust (or if their act is to be insured), this Company will require a copy of the (Cont'd on next page) 206747 page 6 trust instrument creating such trust, and all amendments thereto, together with a written verification by all present trustees that the copy is a true and correct copy of the trust, as it may have been amended, that it is in full force and effect and that it has not been revoked or terminated, NOTE 3: If this Company is requested to disburse funds in connection with this transaction, Chapter 598, statutes of 1989 mandates hold periods for checks deposited to escrow or subescrow accounts. The mandatory hold period for cashier's checks, certified checks and teller's checks is one business day after the day deposited. Other checks require a hold period from three to seven business days after the day deposited, NOTE 4: If a 1970 ALTA Owner's or Lender's or 1975 ALTA Leasehold Owner's or Lender's policy form has been requested, the policy, when approved for issuance, will be endorsed to add the following to the Exclusions From Coverage contained therein: Loan Policy Exclusion: Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. (Cont'd on next page) 206747 page 7 Owner's policy Exclusion: Any claim, which arises out of the transaction vesting in the Insured, the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor, NOTE 5.: THE FOLLOWING IS FURNISHED FOR INFORMATION ONLY: The only conveyances affecting said land recorded within two years prior to the date of this report are as follows: NONE (Last insured date: March 20, 1957) LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1, (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (Iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been reco~ded in the public records at Date of Policy, (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy, 2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge, 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy, 4, Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure 01 any subsequent owner of the indebtedness, to compiy with applicable doing bUSiness laws of the state in which the land is situated 5, Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured mortgage and is based upon usury or any consumer credit protection or truth-in-Iending law, 6, Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy or the transaction creating the Interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws, EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records, Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records, 2, Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3, Easements, liens or encumbrances, or claims thereof, which are not shown by the public records, 4, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records, 5, (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records, Reorder Form No. 12599 (Rev, 2/93) co m " ~ mf' @ \ I ~t() a. .~(2f -g '@ w Cl- ~ \: iC) Vi <\I, ~/ , , lI:C\J o O~ CD v ~V ,,0 9.<0 '10 .f.j",. v~v s.~ ..)., ~.j",~ c}~ ~ ~I - >- I- Z ::> 0 u ~ a: <( , . -1 U <( I- Z <( V'l \r (..) '""" ......, Q ',-;', A \t~~ ~,~ " ~ 1\..., "".... ": .... 01 .... '" '" I 01 .n~ W '" 2: c:::r -1 I r<) @ C\J '" ~ "" '" , ",...Ii) (\)0 , ~t0 :,...: lii"-:J ~ ~, - ~ po.. Q: I ,... c:1.... ~ ai ;;; .... , '" !J~ '" ~I CO U \0 0. ' ~ 0.: <:l;)1 60' ~I 0)1 \ \" <-> ct o '" o:r \ l{)1 '" '" <.01 10 '" <( Z Cl: o u.. .~, ,", -1 <( U V d. U'l U'l, o ...--;:/ ;::/ ^,', 1\., @ Z. <3.. (..) Z. -:::. a o ~ ~ Cl: o V'l V'l W (/) V'l <( 7 >- I- Z ',.... (.) ,\I) @ a. \I) ~ rJ'l \ " ------ --- H --- GRIFFIT __ -- ~~f~'/ ,..~ ~6;~2 \62, 2 .:' .' '" (J) ID c.J al ) . \D .J <:,~ 'i- :.f" ;~ ~" c: \!l.0-~- - \,0..." ----- ...t) - \ ....,\ -- d. " ~~'& ~ \ \6\,2... .., .,' - ~I o u u.. o w u u.. h_ o .,. "', ,..:. ",' N @ r @ \.. \ ,"- o ~ .....,... CI.- ~ --J. . , ...- ...." .j.) u..- C) V) ~ ~ ~ -l ~ '.J~s- ./0 .Id/U.;)J 6uluun./ ~UI/ '.J~ M ' , 00 i'r; Ii' /~ SO? ~ 0)./ --~---~ ---.... I, ~ ...../ ;0--.1 :.'. : (0:'; ~;f ........ , . -," .:":- ..~ - . : ~.. ..:..., / L 'Z {; '~ ~ Ooi ~ ~ I .~ ~ ~ , '" ~ ~ \ \ t.0 . \ \\0 \ \ \ \ \ ~, ~t ~~ ., (J\f ~ 'tl\i . ~[;)~~ '" !) ~ " ~ "4, "- - ,~:" q.,.\l\ \ ~'~ l;, )~ " \ \U " " . 0 \ '". f!:J\: ~ 7- \0 \ Q">\ 0 _ .\ .u "" --- \ ~\~' \ Cl \) ~ I , \) fi-.. , ~ ~ ' . ~ ~. j :~~ <::> t ~ ~ ~" . ~ " 1/, ~;~L~d~;;fi~I~.j~ \D ~ <" oc, , . / Sent by: SANTA CLARA LAND TITLE ,-- " I r~ i!! . . 3r il~ j.; ~ ~j'" l ~. II 4082940851 ; 11/05/98 11 :31AMjJeftax #999jpage 18/21 '1 ' I , I ! Ji I r I . . I I ~I L9' I PUi(0009 IXHIBIT A PARCEL NO. I: BEGtNNThlO at II point in the lJ4 Sect.ion line numin, North and Snllth throu8h lhe canter of Section 35. T. 7.., R. 1 W., M, D, B. & M,. hid point beinl distant thereon South 443011 feet. fnm the 114 See-Lion c:uner ir. tM eelller of &aid Seeliun as. .aid l-oiAL a1ao bein, a Southea.terly comer or the L certain p...rql of land ~on"ClYlld by H. T. Petoneo, et \1:10:.1.0 &nt.8 CllU"II ~'alJey Wa&llr Conawu'Yation Di.tr..,. by Deed UIl4Id July 14, 1968 .,,,f ~ J\&J,y 22, 1~ ~ &ole 4128 orOfticiat RaeGrda.peKe429, Sante Clara County Hec:ord.l; thence le.vin, said 114 aeetiOQ line and rwirons S. 89 St;. w., tdoDq · So\lth~r1)' Jine of the Darcel 110 conv.ved 100 IIl1ici W.,~,. C"If'INI!"",tion ni~t';t:'t q aiacance oC 216,10 feD, &0 an ang'e point. tMhia; t.MDt'e S. J 12' 40' E. along "I En8terly lia. or laid Jut mer.uoned pllrr~1 of land t.o the IAwnection ..hereof will1 the NOrLhtr;y line of ~hat c:enalo pltreel or land deac:ribed in tt",e Deed of1'ru8t from Kenneth R. &aadall, .t \IX, .. Tru.kl.... 1c Firat Poineer C-tllUPlnJ, a California eorporatiOl'l, All Truatee. and Pioneer In''''kln Savi''81 and Loan ~iotion. a l:orporaUon, 81 a.nef1c:ilU)', aatod l-'obl'Qry 4, 1965 and l'OCOrded ."ebroaJy 16, 1965 in Book 3087 of OlIiC'ial Recorda, PllIo 491, Santa Clar. CoUDLy lCeearda: Lb.enc:e lion&, the Nort.ht:rly line- ofawd Jut mentionecl parcel. H. 89 35' E. 210 reet to the North and South thmulh the center of &aid Sec'.iOIl S~; th(nce N. 0 25' W.. 80,0 feet to the DOinL ofbecinning. and boinl a POrtioD of t.be SotlLhW88l 1/4 SectJon :15, T, 7 S,. R. I W.. M. D. B. II. M. PARCEL NO.2; A nOIl-4l:llclWliv8 &8lement, appwtenant to P8l'e81 No.1. above deacribld. for inare.. And...... and far the ina&.alh.tion and maintenalU:e or public \&t.liiLJeIl over.. IIWill '" ilWu ~ iCltl~ wide, Lhe E..i.eriy hne of Which i. the 1/4 leCl.iolt line I'tlIlAInl North IIUld SouLh tJuoough \be c:enler of Sec:uDn 35. or, 7 S., It. 1 W., M. D. D. & M.; the Northerl)' lermin... thel'"8Or belnl &he Soul.herb line or P"rtcl No. 1 above dC:6c:ribed, and &he Southerly "'rminulI bc1na c.b8 cllm....line ofMcGlincey Lane, I I ! I "II II I' 'I I )1 I " II II II I. I- J! ill/II ! [I r: : I' I ! I Sent by: SANTA CLARA LAND TITLE 4082940851; 11/05/96 11 :31AM;~ #999;Page 16/21 ~ MET R 0 SeA N PRO PER T Y Santa Clara County ***************************************************.*.**.*******************.*** * . . * . * .. PRO F I L E ~ < < <; OWNERSHIP INFORMATION > > ;> .. .. * 1r * * * * * * * * ", ... .. Owner CoOwner Site Address:563 E MCGLINCEY LN CAMPBELL 95008 Mail Address:3102 LAKE ALBANO CIR SAN JOSE CA 95135 Owner Phone :408-274-4640 Tenant Phone: :PETERSEN IDA R TRUSTEE Parcel No :412 31 002 Bldg Id NO:1 < < < SALES AND LOAN INFORMATION ;> ;> ;> Transferred Document # Sale Price Deed Type % Owned :11/22/91 :11143220 Loan Amount Lender Loan Type Interest Rate: Vesting Type = <; <; < ASSESSMENT AND TAX INFORMATION ;> ;> ;> Land :$30,520 Structure :$7,947 Other Total :$38,467 % Improved:21 Exempt Type Exempt Amount: Tax Rate Area:10106 97-98 Taxes :$995,40 < <; <; PROPERTY DESCRIPTION ;> > ;> Zoning :M1S Land Use:17 Sub/Plat: Legal MFG LIGHT INn, YAROS, EQUIPMENT AND SUPPLIES Map Grid:853 F7 -- Census -- Tract :5026.02 Block :6 Total Rms: Bedrooms : Bathrooms: Stories :1 Dining Rm: Family Rm: Rec Room : UtilitYRm: Water Src: Elect Svc: Gas Svc <; < < PROPERTY CHARACTERISTICS > > ;> Bldg SF ;1,128 Lot SF :20,908 Lot Acres: .48 Lot Dimen:77x272 CntlHt/Ac:NO Pool Fireplace: Sauna Dishwsher; Tennis Ct: FrameType:wOQO Units : 1 Patio Porch Elevator :NO Lease SF :1,128 Office SF; Sprinkler: NO 1st FlrSF: 2nd FlrSF: 3rd FlrSF: Year Built~1948 EffYearBlt:1950 Garage Sp : Garage SF : Garag-eType: Bldg Cond :AVG Bldg Class:5.0 Bldg Shape:U-SHAPE WallHeight:10 AdditionSF: Rental SF :1,128 * ... ************************************.************...*.************************ The Information Provided Is Deemed Reliable, But Is Not Guaranteed, It ... . * * * * * * ... * . * . ... * ... * * * * * * . * * * * * * * * * .. . * * * * * * * .. * * .. .... Sent by: SANTA CLARA LAND TITLE I II I Iii 1 4082940851 ; 11/05/98 11 :31AMjJeHax #999jPage 17/21 -- ..COIID'Ilj. "KQUE.TrD .v .JAHE:.s v. 'l'OQR:? "::~I' n50 "'~Ie ~hllled/l. !;ui t".! 201 S.n Joae, ~~ 9~12~ (108) 275-9488 19.., PAGE0008 1114j2~O FILl:.: ';;;:, i.! ..JHI) .~.T R~~OI)I, ': I Or -- ,,,.,, W"O -ceOll... .."... Tg l. i ( :,-4J ,~ . . - -....I :--l .1 I S"- IS'" ; f, ' I ,j " l~_ ATTDRIE! HaY Z2 3 ~8 M! '~l r -- lOA R. PETtRSEN ~ 3101 lite AlbAhO C1rel@ :::".LS,n .Iou. C.l1fornta nus..; , I'r 'os S.\HTt. ,.l~l.IUN" l AI,;, ': UHf f{lCCI"OUI ..... I.., ...,~_ r 1 -- IDA R. peTERSEN .:::: 3102 lllee Alb"'D Ct,.ch ,;.... s.", .)ole, CilI1rornh 95135 ~l_ _J , '~"Cl; Aao.,,1t "H'. '"""11 "0" "Cc.:OltDCIt'S USE; _ rl... I .. ~,' ~ : I: TIl, .....~ ~.....o, h'_lll' 4.; 1IIl4rr ,.Nll) Dr per"",) 'IM"", '1>>10.1011, 'nt.. elld ~OrflC1: i')()n':'on,~,"...\K\' Ik,'\:',;S.....K I'.U S .~..c.~nl).~~~Jf.$R~,"TOR TRUSr) · ) ~n"'J....r.1 Itn lull '.:IIIIIe"'" ."......n 'tlU,p'C"d. If' ( 1 cU"'f'I'H'd "" h.II..I.... In. -"j...,.., ,,,.,,, .nt'I''''''''''II~'',c" ',-"'....."'N ~t .".... III """_ I 1I: I I ""I11I1'P",,,,,,,, ",.... ( .. '( :.h hi ,San Jose .....1 Quitdai,n IJt:ec.l ""1. rO"1llI .U....M.O.Y ".U.'... .EC"".,.,. .~".It,;e: I"." I QO_Hr: HIR ,\ \..~I,I'\III..: .'U,'SII)Ul'\l",,\:. '''''I.I..r ~h"h ,. ...."-1.. ..,I.."..I""j:...J, IDA ~. PErfRSEN. A WrDOW Ig h"'..l.~ 'H:\"~t:ts.. f:t:I.F\:o;t',:". HI) ':)Mn," V 1'''", , '\I\It:-1 I.. IDA R. PETfRSE". IS r~U$te~. -, ,_ ~_, J-~"'I_f 1f~_"ltll' of the IUA R. PETERSFN lJVJNG TRUST dlt.d June 21. lOgO I.. i ~ I '''r r../I.....,," ........1...... ,..1 "''''WI'' ", III. c1t~ or Sen Jose "Iiltt iI' C':"'I.f..f"i-.: SEr LEGAL D[SCRIPTIO~ ATTACHED ~ERETO A~D MAOE A PART H[REOF AS flH IBn -A-, ""un., ..r Sent.. Clar. OalCd ~J. " "1 .-"1 . ;, '- , I ~r/~ <f~'VL ~:a'I,u........ IDA ROSE PETERSEM i I: II .III II llt.... '" (.'-'Ir_.. Co,rq"af_S.nta C'.r. ________ o..lhl. Ill. -1.!J..r...7 Qr .-JUlie ,4ll., ..,... -. -- ---- ""t'8rm t~~fl'll'~ fff"',..llr ,....,od - ~-- :: .........,) .....Q.\1 to m. :; ...... c..... . at ......,.oNl~14Mo. lo~ lhe ~.. "._.. "Illec,,~ IQ I"" ..,"'." I nl. IJI4 _ "II !I... ~ _....., .. ( ..., -, I' , -. I ."oJ ,.~ .,:.,,,..,,.,,.,,,, ,4"'""'r..,..." ,__ ..1 '.j"-/ft/~".'__"#"""_J "'llJ' II" ;~~\L ~JiJ'~; ..,~Bf:~k'}. ~.~~f,~t. \~.?',~ . A..'".......,.: 1.,1"',,, I. - .... .... _' . .. . ------- ':.:..:.J ,II I I -- a:w... .,..... .., AftoJ1tt) ..... /'110. MAIl TAX $'An~N':; AI DII/fenD "'lOVE I Project: 2332-02-31 Lot Map Check ~ed Aug 26 11:50:02 1998 Lot name: 2332PL02 --------------------------------------------------------------------------- North: 724669.9473 Line Course: S 00-23-56 E North: 724603.0089 Curve Length: 12.67 Delta: 3-18-53 Chord: 12.67 Course In: N 89-36-04 E RP North: 724604.5336 End North: 724590.3491 Line Course: N 89-36-04 E North: 724590.4855 Line Course: N 00-23-14 ~ North: 724670.4836 Line Course: S 88-28-00 ~ North: 724669.9490 Line Course: S 63-32-57 E North: 724669.9490 East: 1196719.1791 Length: 66.94 East: 1196719.6451 Radius: 219.00 Tangent: 6.34 Course: S 02-03-22 E Course Out: S 86-17-11 ~ East: 1196938.6398 East: 1196720.0996 Length: 19.59 East: 1196739.6891 Length: 80.00 East: 1196739.1485 Length: 19.98 East: 1196719.1756 Length: 0.00 East: 1196719.1756 Perimeter: 199.18 Area: 1,592 sq.ft. 0.04 acres Mapcheck Closure - (Uses Error Closure: 0.0038 Error North: 0.00170 Precision 1: 52,184.76 listed courses, radii, and deltas) Course: N 63-32-57 ~ East: -0.00342 ~ -;2 33:z..-c2- GOLDEN C-\LIFORNIA TITLE Cm..lp.-\:,:y 'v:-\LLEY TITLE DIVISIO~ ~T '.// ';;r~1 ' ~? /;.VO/"Z /'/~ ~.. ~. -:?..-'~7;/?/1.";/ . -://"./.,.////1. -~ PRELIMINARY REPORT x~ 300 South First Street - San Jose, 95113 (408) 292-7150 - 2160 South Bascom Avenue, Ste, 3 - Campbell, 95008 (408) 371.7891 _ 2354 Alum Rock Avenue _ San Jose, 95116 (408) 251-8500 ,'7 f' ~ flu /i[l---; - q ESCROW NO. 206748 (PB) Dated as of J u 1 V 2 4, 19 9 6 at 7:30 a.m. In the event of cancellation, a minimum charge of $300.00 will be made. If the escrow has not clOsed within 90 days from the date hereof, cancellation will be effected unless other provisions are made. ESCROW OFFICER: Pete Borello In response to the above referenCed application for a policy of title insurance 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, insurin9 against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. GOLDE'\' C:\LIFOR,'\:I.-\ TITLE CO,\-lP.~'\Y V,\LLEY TITLE DIVISJO~ The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of mat- ters which are not covered underthe terms of the title insurance policy and should be carefully considered. It is importantto note thatth is prelimina,\, report is not a written representation as to the condition of titie and may not list al/ liens, defects, and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO L1Jl,BILlTY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSUR- ANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated oy this report is: 1. California Land Title Association Standard Coverage Policy 2. American Land Title Association Owner's Policy 3. American Land Title Association Residential Title Insurance Policy . 4. American Land Title Association Loan Policy 5. Other Standard Extended Coverage Coverage L ] I 1 I I [ J [ ] [ I [ J l ] [ ] l 1 rC-216 (REV. 1/96) EP/dg 07-24-96 206748 page 1 SCHEDULE A 1, THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee, as to Parcels One and Three; An Easement, as to Parcel Two 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: JAMES L, ZANARDI and RANDI J, ZANARDI, CO-Trustees of The Zanardi Living Trust dated March 29, 1990, as amended, as to Parcels One and Two; and ANTHONY J. MARRONE and DENISE J, MARRONE, husband and wife, as community property, as to an undivided 50% interest and GREGORY J, MARRONE and CHERYL K, DRIVER, husband and wife, as community property, as to an undivided 50% interest, as to Parcel Three 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, CITY OF CAMPBELL, AND IS DESCRIBED AS FOLLOWS: (Cont'd on next page) " ~ 206748 page 2 PARCEL ONE: BEGINNING at a point in the Easterly line of that certain parcel of land conveyed by Elmer D. Koenig, et UX, to Kenneth B. Randell, et UX, dated May 21, 1948 and recorded June 8, 1948 in Book 1627 of Official Records, page 272, Santa Clara County Records, said Easterly line also being the 1/4 section line running North and South through the center of Section 35, Township 7 South, Range 1 West, M.D.M., distant thereon N. 0 deg. 25' w. 92.24 feet from the intersection thereof with the Northwesterly line of MCGlincey Lane, as established by Deed from Paul T. Gallagher, et aI, to County of Santa Clara, dated August 25, 1947 and recorded October 14, 1948 in Book 1684 of Official Records, page 75, Santa Clara County Records; thence from said point of beginning continuing N. 0 deg. 25' W. along said Easterly line, 84.00 feet to an iron pipe; thence leaving said Easterly line and running S. 89 deg. 35' W. 270.00 feet to an iron pipe; thence S. 1 deg. 12' 40" E. 70.17 feet to the most Northerly corner of that certain parcel of land conveyed by Kenneth R. Randell, et UX, to Richard S. Barnes, a single man, by Deed dated February 19, 1949 and recorded March 1, 1949 in Book 1752 of Official Records, page 79, Santa Clara County Records; thence S. 87 deg. 28' 19" E. 269.38 feet to the point of beginning, and being a portion of the Southwest 1/4 of Section 35, Township 7 South, Range 1 West, Mount Diablo Base and Meridian, and as shown upon that certain Map entitled, "Record of Survey of a portion of lands of Kenneth R. Randell', which Map was filed for record on August 31, 1954 in Book 51 of Maps, page 25. - - PARCEL TWO: Right of way for ingress, egress and for the installation and maintenance of utilities Over a strip of land 25 feet in width, the Easterly line of which is the Easterly line of the parcel of land cOnveyed by Elmer D. Koenig, et ux, to Kenneth R. Randell, et ux, recorded on June 8, 1948 in Book 1627 of Official Records, page 272, Santa Clara County Records, the Northerly terminus of said right of way being the Southerly line of the premises hereinabove descrihed and the Southerly terminus being the Northwesterly line of MCGlincey Lane, 40 feet wide. q 1f (Cont'd on next page) 206748 page 3 PARCEL THREE: BEGINNING at a point in the Northwesterly line of MCGlincey Lane, 40 feet wide, at the intersection thereof with the Northeasterly line of that certain parcel of land described in the Deed from Kenneth R. Randell, et ux, to Richard S. Barnes, a single man, dated February 19, 1949, recorded March 1, 1949 in Book 1752 of Official Records, page 79, Santa Clara County Records; thence N. 56 deg. 55' E. along said Northwesterly line of MCGlincey Lane, 79.50 feet to the intersection thereof with the 1/4 section line, running North and South through the center of Section 35, Township 7 South, Range 1 West, M.D.B. and M., and said point also being the Easterly line of that certain parcel of land described in the Deed from Elmer D. Koenig, et ux, to Kenneth R. Randell, et ux, dated May 21, 1948, recorded June 8, 1948 in Book 1627 of Official Records, page 272, Santa Clara County Records; thence N. 0 deg. 25' W. along said Easterly line, 92.24 feet to an iron pipe; thence leaving said line and running N. 87 deg. 28' 19" W. 269.38 feet to the most Northerly corner of the parcel so described in the Deed from Randell to Barnes; thence S. 54 deg. 01' 12" E. along the Northeasterly line of the parcel so described in the Deed to said Barnes, 251.09 feet to the point of beginning, and being a portion of the Southwest 1/4 of Section 35, Township 7 South, Range 1 West, Mount Diablo Base and Meridian, Surveyed in July 1954 by Edward S. Stafford, Civil Engineer, a copy of which was recorded on August 31, 1954 in Book 51 of Maps, at page 25, Santa Clara County Records. EXCEPTING THEREFROM that portion thereof as conveyed to the City of Campbell, a municipal corporation, by Deed recorded September 11, 1961 in Book 6657, page 288, Official Records, and being more particularly described as follows: A strip of land 10.00 feet in width along the Southerly line of the land of Church of God of the Abrahamic Faith, as said lands are described in Deed of record in Book 3791, page 487, Official Records of Santa Clara County, California, Said strip of land lying Northerly of the Northerly line of MCGlincey Lane, as the same exists, 40.00 feet wide. /,( ~ 206748 page 4 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: 1. Taxes for the fiscal year 1996-1997 a lien, but not yet due or payable. a. The lien of supplemental taxes, if any, assessed pursuant to provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, and/or any additional taxes which may be assessed for added improvements or changes of ownership, subsequent to March 1, 1975. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Frank B. Billings (No representation is made as to the present ownership of said easement) roadway September 23, 1908 Book 337, Page 138 of Deeds, Easterly 20 feet of Parcels One and Three Purpose: Recorded: Affects: 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Pacific Gas and Electric Company and The Pacific Telephone and Telegraph Company, California corporations (No representation is made as to the present ownership of said easement) a single line of poles September 27, 1951 Book 2291, Page 106, of Official Records. Purpose: Recorded: Affects Parcel One, as follows: f.l ~ (Contld on next page) 206748 page 5 BEGINNING at a point in the Northwesterly boundary line of said McGlincey Lane, distant thereon 31.4 feet Southwesterly from the point of intersection thereof with the Easterly boundary line of said premises; and running thence N. 1 deg. 19' E, 185.4 feet, more or less. 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Vincent Margo, et ux (No representation is made as to the present ownership of said easement) ingress and egress and for the installation and maintenance of utility lines February 16, 1955 Book 3087, Page 486, of Official Records, Easterly 25 feet of Parcel Three Recorded: Affects: 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: County Sanitation District No, 4 of Santa Clara County, a public corporation (No representation is made as to the present ownership of said easement) sanitary sewers May 13, 1975 Book B406, Page 454, of Official Records. Purpose: Recorded: Affects the Easterly portion of Parcel Three, as follows: COMMENCING at the point of intersection of a center line of McGlincey Lane and the 1/4 section line of Section 35, T. 7 S. R, 1 W., M.D,B.M., as shown on that certain Record of Survey of lands of K. R. Randell, filed in Book 51 of Maps, at page 25, in the office of the County Recorder of the County of Santa Clara; thence N. 0 deg. 25' W. 35.64 feet along said 1/4 section line of Section 35 to the true point of beginning, said point being on the Northerly line of McGlincey Lane (60 feet wide); thence N. 0 deg. 25' W. 80.36 feet; thence N. 87 deg. 28' 19" W. 10.01 feet along the Northerly line of that certain parcel with a gross area of 23,114.058 square feet as shown on the above mentioned Record of Survey; thence S. 0 deg. 25' E, 87.28 feet to the point of~intersection of the Northerly line of McGlincey Lane (60 feet wide); thence N. 56 deg. 55' E. (Cont'd on next page) 206748 page 6 11.88 feet along a line parallel with and thirty feet, measured at a right angle, Northwesterly of the center line of McGlincey Lane to the true point of beginning. 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: County Sanitation District No.4 of Santa Clara County, a public corporation (No representation is made as to the present ownership of said easement) sanitary sewers May 13, 1975 Book B406, Page 458, of Official Records, Purpose: Recorded: Affects the Easterly portion of Parcel One, as follows: COMMENCING at the point of intersection of the center line of McGlincey Lane and the 1/4 section line of Section 35, T. 7 S" R. 1 W., M.D.B.M., as shown on that certain Record of Survey of the lands of K.R. Randell, filed in Book 51 of Maps, at page 25, in the office of the County Recorder of the County of Santa Clara; thence N. 0 deg. 25' W. 116.00 feet along said 1/4 section line of Section 35 to the true point of beginning; thence continuing N. 0 deg. 25' W. 84.00 feet; thence S. 89 deg. 35' W. 10.00 feet; thence S. 0 deg, 25' E. 83.48 feet to a point on the Northerly line of that certain parcel with a gross area of 23,114,058 square feet, as shown on the above mentioned Record of Survey; thence S, 87 deg. 28' 19" E. 10,01 feet along said Northerly line to the true point of beginning. 7. An Ordinance of the City Council of the City of Campbell adopting the Second Amended and Restated Central Campbell Redevelopment Plan for the Central Campbell Redevelopment Project, pursuant to the Community Redevelopment Law of the State of California, Ordinance No. 1860, recorded June 18, 1992 in Book M245 of Official Records, page 2238, Reference is made to said document for full particulars. Statement of Institution of Amendment to a Redevelopment Plan recorded June 18, 1992 in Book M246 of Official Records, page 506, I.( ~ (Cont'd on next page) 206748 page 7 8. An Ordinance of the City Council of the City of Campbell adopting an Amendment to the Central Campbell Redevelopment Plan, pursuant to Health and Safety Code Section 33333,6, and amending related Ordinances in connection therewith, Ordinance No. 1912, recorded December 14, 1994 in Book N699 of Official Records, page 2159, Reference is made to said document for full particulars. 9. A Deed of Trust to secure an indebtedness in the original amount shown below Amount: Dated: Trustor: $200,000.00 May 22, 1996 Anthony J. Marrone and Denise J. Marrone, husband and wife as community property, a 50% interest and Gregory J. Marrone and Cheryl K. Driver, husband and wife, as community property, a 50% interest PLM Lender Services, Inc., a California corporation Saratoga Capital, Inc, May 28, 1996 Book P347, page 785 of Official Records, (Affects Parcel Three) Trustee: Beneficiary: Recorded: An assignment of the beneficial interest under said deed of trust which names As Assignee: Jerome E. Kozlowski, Trustee and Martha E, Kozlowski, Trustee of the Kozlowski Trust Agreement dated 12/15/75, an undivided 12.50000% interest; Lincoln Trust Company, Custodian FBO Michael G. Torres, an undivided 9.00000% interest; Richard D, Yau and Katherine S, Yau, husband and wife, as joint tenants, an undivided 8.50000% interest; Joyce Higgins, Trustee of the Joyce Higgins Trust dated 8/10/95, an undivided 15.00000% interest; Rosalie KOlb, a married woman as her sole and separate property, an undivided 17.50000% interest; Bruce R. Bardell, a single man as his sole and separate propefty, an undivided 5.00000% interest; Paul Caletti and Judy Caletti, husband and wife, as joint tenants, (Cont'd on next page) 206748 page 8 Recorded: an undivided 15.00000% interest; Norman R. Belanger and Norma L. Belanger, Trustees of the Norman R. Belanger and Norma L. Belanger 1994 Trust dated 6/7/94, an undivided 17.50000% interest July 22, 1996 Book P428, Page 1907, of Official Records. 10. Terms, conditions and provisions of the "Trust" as referred to in the Vesting herein and the effect of the failure to comply with such terms, conditions and provisions. END OF SCHEDULE B NOTE 1: Premises not assessed for the fiscal year 1995-1996. NOTE 2: If title is to be insured in the trustee(s) of a trust (or if their act is to be insured), this Company will require a copy of the trust instrument creating such trust, and all amendments thereto, together with a written verification by all present trustees that the copy is a true and correct copy of the trust, as it may have been amended, that it is in full force and effect and that it has not been revoked or terminated. NOTE 3: If this Company is requested to disburse funds in connection with this transaction, Chapter 598, Statutes of 1989 mandates hold periods for checks deposited to escrow or subescrow accounts. The mandatory hold period for cashier's checks, certified checks and teller's checks is one business day after the day deposited. Other checks require a hold period from three to seven business days after the day deposited. NOTE 4: If a 1970 ALTA Owner's or Lender's or 1975 ALTA Leasehold Owner's or Lender's policy form has been requested, the policy, when approved for issuance, will be endorsed to add the following to the Exclusions From Coverage contained therein: Loan Policy Exclusion: Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: ~ (Cont'd on next page) 206748 page 9 (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Owner's Policy Exclusion: Any claim, which arises out of the transaction vesting in the Insured, the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor, NOTE 5: THE FOLLOWING IS FURNISHED FOR INFORMATION ONLY: The only conveyances affecting said land recorded within two years prior to the date of this report are as follows: Grantor: City of Campbell Redevelopment Agency, a public body corporate and politic " ~ , (Cont'd on next page) 206748 page 10 Grantee: Anthony J. Marrone and Denise J. Marrone, husband and wife, as community property, as to an undivided 50% interest and Gregory J. Marrone and Cheryl K. Driver, husband and wife, as community property, as to an undivided 50% interest May 28, 1996 Book P347, page 783 of Official Records, Recorded: Grantor: City of Campbell Redevelopment Agency, a public body corporate and politic James L. Zanardi and Randi J. zanardi, Co-Trustees of The Zanardi Living Trust dated March 29, 1990, as amended May 31, 1996 Book P353, page 149 of Official Records. Grantee: Recorded: (Last insured date: May 31, 1996) q ~ LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1, (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating. prohibiting or relating to (i) the occupancy, use, or enjoyment of the land: (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been reco~ded in the public records at Date of Policy, (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy, 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge 3, Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy, 4, Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable dOing business laws of the state in which the land is situated, 5, Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof. whiCh arises out oi the transaction eVidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-Iending law, 6, Any claim, whiCh arises out of the transaction vesting in the insured the estate or interest Insured by thiS policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state InSOlvency or similar creditors' rights laws, EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1, Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records, Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records, 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof, 3, Easements, liens or encumbrances, or claims thereof, which are not shown by the public records, 4, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records, 5, (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. " 1 Reorder Form No. 12599 (Rev, 2/93) @ J - ~ t., .... 1.\ ;." ... C1I - - :-0 ~ ('0 I~ 0' ~ " I @ ~L'~L~ 1/" ','v I'~ i~ lti) ~G ~ ~ '0' " 1(0 .t> '" I t{' ~L""'" '.,., ~ ... y h "./'!'. Ul <D :., ,1] ~ ~ 0J... 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'- '..-' V 1._ 81 Bank of America 'i, , t ;-0"; , ':"l 1 ,J "., RECEfVED JAN 1 9 1999 :UBl/c WORKS DMINISTRAT'ON Bank of America NT&SA 181 Mission Falls Lane Fremont, CA 94539 www.bankamerica.com \., U G (, ' ( , .' , i " 8 I\,D~,,:; .c, il.\1l0N.. January 12, 1999 City of Campbell Public Works Department 70 North First Street Campbell, CA 95008-1423 Attention: Harold Housley Michael J. Au Vice President Business Lending Services 1737 510-683-5702 Fax 510-683-5016 Michael.J.Au@ , ,banka~erica,~/,., r .....' / /".. / _~{,:lL' /' ~~/? Re: Zanardi Property 559 McGlincey Lane, Campbell Lender Release for Grant Deed Dedication for Public Street " Dear Mr. Housley: Bank of America NT & SA is aware of the proposed Grant Deed for Public Street Purposes (attached) covering a portion of the property at 559 McGlincey Lane in Campbell. Bank of America is a lender to James L. Zanardi and Randi 1. Zanardi as Co-Trustees of the James L. Zanardi Living Trust, the property owners, and has an interest in the property as beneficiary under a Deed of Trust executed by the property owners on August 22, 1996. Bank of America NT & SA hereby agrees not to enforce its encumbrance on the rights _ currently an easement - which are now being granted by the property owners to the City of Campbell in fee. Michael J. Vice President Cc: James Zanardi Ken Neumeister Bank of America National Trust and Savings ASSOCiation ----' Ciry Clerk City of Campbell 70 North First Srreer Campbell, CA 95008 ) ) ) ) ) ) ) ) ) ) Recordi..cg Rt:quest.ed by CITY OF CAlvfPBELL Wh~n Recorded Mail To (Space Above This Line For Rec.orde['~ l:sej GRA.NT DEED FOR Pl13LIC STREET PlTRPOSES FOR VALUABLE CONSIDERA TrON. receipt of which is hw::by .l.CblOwledged, JAMES L. ZANARUI and RANDL J. ZANARUI, Co-Trustees of the 7anardi LIving Trust dated March 29. 1990, as Amended hereby GRA..NT(s) to Lbe City of Cm1pbell. <l municipal cQrporation, of the Counry or' Sanu Cbn.. Stare o( California. for public SlICCr and related purposes. all of mal certain real proper!)' o.-iuun said City ;md mor>: panicularly desc:ibed as follows: SEE EXHIBIT "A" ATTACHE[I HE~:ETO MW MAUE A PAPT I:U!!:OF Said jJrope:T:/ comains _ Jcres. more or less, a.r.d IS gC:Jerally sho';l{Tl on the aruc~ed PIll M:zp, STATE OF CAL1FORl'a~.;. D.:..TI.D COUNTY OF SIG~ATURE JAMES L_ ZANAPDI, CO-TRUSTEE TyPcd or Printed'- SIGNATURE RAND I J. ZMARLJ I, Cli-lRUSTEE Typed or Prinred VlTTNESS my lund mL.1 official ~e:lL Sign.arure N.une (typed '....r prinled) TI1.is M<::l for official Qol.Uial seal_ j:lformslgn..crpsP( 1/97) 1.&&1;, rIftI, HMH, Inee C,vil Engill"""!"3 . F'I"r, :>rated Jarr..::s T Hal):""r Willianl j Wagno;r, R.C.E . . Surveyor:> t,jrJvenlb"r 30, 19'::l8 HMH 2332-02-31 P<:lge 1 of 2 pages EXHIBIT "A" PUBLIC STREET OVER LANDS OF ZANARDI Real property situate in the City of Carnpbell, County of Santa Clara, S"'.ate of California, b8ing par! of the Southwest 1/4 of Section 35, Township 1 SouTh, Range 1 West, M.D.M., described as follows: COMMENCING at the most wesTerly corner of that certain parcel of land described in the Deed from Winchester Drive-In Theaue, Inc, to Santa Clara County Flood Comrol and Wate, District recorded April 10, 1970 in Book 8885 of Official Records at page 541, Scinta Clara County Records; Thence from said POINT OF COMMENCEMENT, along the nonhw")sterly and northeaSTerly lines of said parcel of land described in said Deed from Winchester Drive-In Theatre, Inc., The following two cc,urs,:;s: 1) North 61056'09" East, 92.71 feet; ;::J From a tang€nt bearing of South 82CJ35'04" Ei1st. along a curve to the right ha...ing a radius of 45,00 h:p.t through a cEmtrClI angle of 28030'57", for al1d Elrc lengr:h of ':::2.40 feet; Thence leaVing said northeasterly line. South 11024'59" East, 8,80 feet; Thence along a tangent curve to the left hLl\:ing a radius of 500,00 fe<;;t, through a c8ntraJ angle of 05039'42". for an arc length of 49.41 feet; Thence along a reverse curve to the right ha'.:ing a radius ofJ 15.00 feet, through a central angle of 16040'45", for an arc length of 33.48 feer: Thence South 00023'56" East, 125,11 feet: Thence along a rangem curve to the left having a radius of:2i 9.00 hJt:t. through a central angle of 03018'53". for an arc length of 12,67 feet to the north line of the 20771,04,3 sq, ft. parcel of land shown on the Record of Survey filed in Book 51 of 1\,1aps at page 25. Santa Clara County Records. and the TRUE POINT OF BEGINNING: Tt1ence from said TRUE POINT OF BEGINNING. continuing along said tangenr curve to the lefT having a radius of 219.00 feet. through a central angle of 21 " 1 9' 40", for an arc length of 81,52 feet to the east line of said 20771.048 sq. ft, parcel of land; 23:J:::LDTG,003 1570 Oi;1J.landF:C\ild, Suile:2oo. P,O Box ti11510. Sdn Jo..<;e CA 95161-151 O. T d (408) 4..97-2.200. F a.- (408',4.':;7-~ November 30, 1998 HMH 2332-02-31 Page 2 of 2 pages Thence along said east line, North 00023' 14" West, 78.65 feet 1:0 the northeasl corner of said parcel of land: Thence along the north line of said parcel of land, South 89036'04" West, 19,59 feet to the TRUE POINT OF BEGINNING, Containing an area of 0.0224 acres, more or less: And generally shown upon Exhibit "8" anachcd hereto <lnd made a pan: hereof. 2332LL> TG 003 $8.2'.35'04- _ _l '. b 28-30' 57'" R=4S00' L=22.40' --s 'O~ ,,?D ~.'o' S11"24'59"E 8.80' 6-=05'39'42" R= 500.00' L=49.41' LANDS OF S,C.V.W,D. 6=16'40'45" R=115,OO' L=- 33.48' LANDS OF PETERSEN w < <.0 - ~~ n . NUl " N 0- o U'l b03'18'53" R=219.00' L=12.67' T.P.O.B. LANDS OF ZANARDI i I I 6=21'19'4 " R=219.00 l=81.52' POLE LINE EASEMENT I (229' OR 106) McGUNCEY L.A.NE GRAPHIC 1 INCH = \ LANDS OF S\,C.V.W,D, --~ L -.:t. 0 """'" r :'L ~ VJ -- :> c::: w Z VJ r--- -! I- - I- U1 VJ n ~ U w , w I Vl I S89'36'04"W 19.59' '\- / t:il~ r \, I.LJ , \ O::'u I ......1-<( V'l Ul u1~ u:> -('04 co _Jo -~Io r--- ~ - v n N o o Z 10' SANITAR~' SEWC:R ESMTI (8406 OR, 458) 25' PRIVA TiC INGRESS/teRES::; ESMT, f: PU8L1C UTILITIES ESM-T (J7S5 Q,R, 659) i SHEET 1 or 1 HMH. Incorporated Civil fnginuTs . PlannETs' SUTlJr:yIJTS 1570 Oi'Kl,),NO ROAD, SUITE: 200 P,O, flax d1151C SUI JOSe, CALIfORNIA 95161-1510 (406) <tl7-2200 f"1: (<otl) '1\7-2111 Subr-n It toed b..,,,,: PLA T TO ACCOMPANY DESCRIPTlON PUBUC STREET TO T1-lE CITY OF CAMPBELL OVER LANDS OF ZANARDI MID--PENINSULA BANK R~C~/v. HA~ 0 ~O Pus I f9g/'J '-'OAf,I.IC oJ '/N/(lt, "'0"1e li~r/O~ February 25, 1999 City of Campbell Public Works Department 70 North First Street Campbell, CA 95008-1423 Attention: Harold Housely RE: WTA Campbell 571 McGlincey Lane, Campbell Lender Release for Grant Deed Dedication for Public Street Dear Mr. Housely: Mid-Peninsula Bank is aware of the proposed Grant Deed for Public Street Purposes (attached) covering a portion of the property at 571 McGlincey Lane in Campbell. Mid- Peninsula Bank is lender to WTA Campbell, the property owner, and has an interest in the property as beneficiary under a Deed of Trust executed by the property owner on December 18, 1998. Mid-Peninsula Bank hereby agrees not to enforce its encumbrance on the rights- currently an easement-which are now being granted by the property owner to thee City of Campbell in fee. Sincerely, ~ I <iiJI Robert'~errkd Senior Vice President cc: Michelle Dillabough WTA Campbell Romeo Luz Mid-Peninsula Bank 420 C:( \\\"I'J.], S [JUT!, P\L;) All, " C\IIJ-; ,I\.'~l \ 941('1 (1')0 12 )-111l1 ~AX 61(' 12)- 74~ 1 I/M H ;: 3 3Z-02.cJ Alliance "tie PRELIMINARY REPORT Escrow Branch: 901 Campisi Way Campbell, CA 95008 (408) 559-3424 Fax (408) 377-0284 Escrow Officer: Wavne Mivahara/ar ORDER NO, 98001932-007- WM Ref, No: HMH Engineering 1570 Oakland Road #200 San Jose, CA 95161 Attn.: Dave Tully D.R.E.IMAP FILING Property Address: 555 E. McGlincey Lane Campbell, CA APN: 412-31-022 AJtB: 413-11-083 In response to the above referenced application for a policy of title insurance, this Company reports that it is prepared to ;~sue, 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 encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy fonns, The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Please read the exceptions shown or referred to below and the Exceptions and Exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land, 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 liI'sumed hereby. If it i ,d sired tftat liability be assumed . or to the issuance of a policy of title insurance, a Binder or Commitment should b reiluested, . The fonn of policy oftitle insurance conte pI te ;Y th.s or! is:, I' Preliminary Title Report Only : Dated as of December 11, 1998 at 7:30 a Title Officer I The estate or interest in the land hereinafter escribed or r ferred to covered by A Fee Title to said estate or interest at the date hereof is vested in: Marrone Properties, a California General Partnership The land referred to in this Report is situated in the State of California, County of Santa Clara and is described as follows: (See "Legal Description" Schedule C attached) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown on the following pages. NOTE: THIS REPORT IS SPECIFICALLY FOR D,RE, PROCESSING AND MAP FILING PURPOSES ONLY, IF A SALE OR REFINANCE OF THE HEREIN DESCRIBED PROPERTY IS CONTEMPLATED, AN ESCROW MUST BE OPENED AND A NEW PRELIMINARY TITLE REPORT ISSUED, Page No, 2 File No, 98001932-007- WM 1. TAXES for the fiscal year 1998-99, a lien, shown as follows: 1st Installment $3,604.49 Paid 2nd Installment $3,604.49 Open Assessor's Parcel No. 412-31-022 Code Area 10-106 Land $265,302.00 IMP $320,000.00 PP NONE Exempt NONE 2. 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, 3. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: For: Recorded: Affects: Pacific Gas and Electric Company and The Pacific Telephone Company, California corporations a single line of poles September 27, 1951 in Book 2291, Page 106, Official Records Parcel One, as follows: Beginning at a point in the Northwesterly boundary line of McGlincey Lane, distant thereon 31.4 feet Southwesterly from the point of intersection thereof with the Easterly boundary line of said premises, and running thence N. 1 degree 19 minutes E. 185.4 feet, more or less. 4. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: For: Recorded: Affects : Vincent Margo, et ux ingress and egress and for the installation and maintenance of utility lines February 16, 1955 in Book 3087, Page 486, Official Records The Easterly 25 feet of said land 5. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: For: Recorded: Affects: County Sanitation District No.4 of Santa Clara County, a public corporation sanitary sewers May 13, 1975 in Book B 406, Page 454, Official Records The Easterly portion of said land, as follows: Page No.3 File No. 98001932-007- WM Commencing at the point ofintersection of the centerline of McGlincey Land and the 1/4 section line of Section 35, T. 7 S.; Rl W, M.D.B.M., as shown on that certain record of Survey of the lands ofK.R. Randell, filed in Book 51 of Maps, at page 25 in the office of the County Records of the County of Santa Clara; thence N. 0 degrees 25 minutes W, 35.64 feet along said 1/4 section line of Section 35 to the true point of beginning; said point being on the Northerly line of McGlincey Lane (60 feet wide); thence N. 0 degrees 25 minutes W. 80.36 feet; thence N. 87 degrees 28 minutes 19 seconds W. 10.01 feet along the Northerly line of that certain parcel with a gross area of 23,114.058 square feet, as shown on the above mentioned Record of Survey; thence S. 0 degrees 25 minutes E. 87.28 feet to the point ofintersection of the Northerly line of McGlincey Lane (60 feet wide); thence N. 56 degrees 55 minutes E. 11.88 feet along a line parallel with and thirty feet, measured at a right angle Northwesterly of the centerline of McGlincey Lane to the true point of beginning. 6. The herein described property lies within the bounds of the First Amended and Restated Central Campbell Redevelopment Plan and as such is subject to the terms, covenants, conditions and restrictions therein provided, Recorded: January 23, 1991 in Book L 598, Page 2178, Official Records. The above redevelopment project was amended by an instrument recorded June 18, 1992 in Book M 246, Page 506, Official Records. The above redevelopment project was amended by an instrument recorded December 14, 1994 in Book N 699, Page 2159, Official Records. 7. A deed of trust to secure an indebtedness in the original amount shown below, Dated: December 24, 1996 Amount: $207,500.00 Trustor: Marrone Properties, a General Partnership Trustee: Santa Clara Land Title Company Beneficiary: Bank of Commerce Recorded: December 31, 1996, under Recorder's Series No. 13565761, Official Records Address: 9918 Hibert Street, Third Floor, San Diego, CA 92131-1018 Loan No. : 9446875-28 8. An Agreement, affecting said land, for the purposes stated herein and subject to the terms, covenants, conditions, restrictions, and easements, if any, contained therein For: Agreement of Envirorunental Indemnity Dated: December 24, 1996 Executed by: Marrone Properties, a General Partnership AND Bank of Commerce, a California Banking Corporation Recorded: December 31, 1996, under Recorder's Series No. 13565762, Official Records. Page No, 4 File No, 98001932-007- WM 9. An assignment of the lessor's interest in the lease herein referred to, given as additional security for the payment of the indebtedness secured by said deed of trust recorded December 31, 1996, under Recorder's Series No. 13565761, Official Records, which assignment was Executed by: Marrone Properties, a General Partnership In Favor of: Bank of Commerce, a California Banking Corporation Recorded: December 31, 1996, under Recorder's Series No. 13565763, Official Records, Lease: Marrone Bros., Inc., dated July 23, 1996 10. A fmancing statement, given as additional security for the payment of the indebtedness secured by the deed of trust recorded December 31, 1996, under Recorder's Series No. 13565764, Official Records Dated: Debtor: Secured Party: Recorded: December 24, 1996 Marrone Properties, a General Partnership Bank: of Commerce December 31, 1996, under Recorder's Series No. 13565764, Official Records. II. A deed of trust to secure an indebtedness in the original amount shown below, Dated: December 24, 1996 Amount: $365,500.00 Trustor: Marrone Properties, a General Partnership Trustee: Santa Clara Land Title Company Beneficiary : Bank: of Commerce Recorded: December 31, 1996, under Recorder's Series No. 13565766, Official Records Address: 9918 Hibert Street, Third Floor, San Diego, CA 92131-1018 Loan No. : 9446875-29 12. An Agreement, affecting said land, for the purposes stated herein and subject to the terms, covenants, conditions, restrictions, and easements, if any, contained therein For: Agreement of Environmental Indemnity Dated: December 24, 1996 Executed by: Marrone Properties, a General Partnership and Bank: of Commerce, a California Banking Corporation Recorded: December 31, 1996, under Recorder's Series No. 13565767, Official Records. 13. An assignment of the lessor's interest in the lease herein referred to, given as additional security for the payment of the indebtedness secured by said deed of trust recorded December 31, 1996, under Recorder's Series No. 13565766, Official Records, which assignment was Executed by: Marrone Properties, a General Partnership In Favor of: Bank: of Commerce, a California Banking Corporation Recorded: December 31, 1996, under Recorder's Series No. 13565768, Official Records. Lease: Marrone Bros., Inc., dated July 23, 1996 Page No.5 File No. 98001932-007- WM 14. An unrecorded Lease, affecting the premises herein stated, executed by and between the parties named herein, for the terms and upon the terms, covenants, and conditions therein provided, Dated: July 23, 1996 Lessor: Marrone Properties, a General Partnership Lessee: Marrone Bros., Inc. Disclosed by: Subordination Agreement Recorded: December 31, 1996, under Recorder's Series No. 13565765, Official Records Affects: said land The above lease was subordinated to the lien of the deed of trust recorded December 31, 1996, under Recorder's Series No. 13565761, Official Records, by an instrument, Executed by: Marrone Properties, a General partnership and Marrone Bros., Inc. Recorded: December 31, 1996, under Recorder's Series No. 13565765, Official Records, The above lease was subordinated to the lien of the deed of trust recorded December 31, 1996, under Recorder's Series No. 13565766, Official Records, by an instrument, Executed by: Marrone Properties, a General Partnership and Marrone Bros., Inc. Recorded: December 31, 1996, under Recorder's Series No. 13565769, Official Records The present ownership of said Leasehold and other matters affecting the interest of the lessee are not shown herein. NOTES: a. Date last insured: 12/31/96 b. 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. c. 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. d. No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions provides coverage for environmental protection. Page No.6 File No, 98001932-007- WM e. For the purposes of policy issuance, no items will be eliminated on the basis of an indemnity agreement or other agreement satisfactory to the company as insurer. f. No known matters otherwise appropriate to be shown have been deleted from this report, which is not a policy of title insurance, but a report to facilitate the issuance of a policy of title insurance, g. Prior to the issuance of a Parcel Map or Subdivision Map Guarantee for the County of Santa Clara, this Company will require a copy of the tentative Map which is to be recorded, for examination and retention in our file. h. Supplemental taxes for the fiscal year 1997-98 assessed pursuant to the provisions of Chapter 498, Statutes of 1983 of the State of California, a lien shown as follows: 1st Installment $975.32 Paid 2nd Installment $975.32 Paid Assessor's Parcel No. 412-31-022-71 Code Area 10-106 Land NONE IMP $185,600.00 PP NONE Exempt NONE 1. There is an additional $10.00 fee for recording a deed with a Legal Description other than an entire lot on a recorded fmal map. J. Title of the vestee herein was acquired by Deed-- Grantor: Anthony J. Marrone and Denise J. Marrone, husband and wife as community property, as to an undivided 50% interest and Gregory J. Marrone and Cheryl K. Drive, husband and wife as community property, as to an undivided 50% interest Marrone Properties, a California General Partnership December 31, 1996, under Recorder's Series No. 13565760, Official Records. Grantee: Recorded: Page No.7 File No. 98001932-007- WM SCHEDULE C LEGAL DESCRIPTION All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: Beginning at a point in the Northwesterly line of McGlincey Lane, 40 feet wide, at the intersection thereof with the Northeasterly line of that certain parcel ofland described in the deed from Kenneth R. Randell, et ux, to Richard S. Barnes, a single man, dated February 19, 1949, recorded March 1, 1949 in Book 1752 Official Records, page 79, Santa Clara County Records; thence N. 56 degrees 55 minutes E, along said Northwesterly line of McGlincey Lane, 79.50 feet to the intersection thereof with the 1/4 section line, running North and South through the center of Section 35, Township 7 South, Range 1 W, M.D.B. and M., and said point also being the Easterly line of that certain parcel ofland described in the deed from Elmer D. Koenig, et ux, to Kenneth R. Randell, et ux, dated May 21, 1948, recorded June 8, 1948 in Book 1627 Official Records, page 272, Santa Clara County Records; thence N. 0 degrees 25 minutes W. along said Easterly line 92.24 feet to an iron pipe; thence leaving said line and running N. 87 degrees 28 minutes 19 seconds W. 269.38 feet to the most Northerly comer of the parcel so described in the deed from Randell to Barnes; thence S. 54 degrees 01 minutes 12 seconds E. along the Northeasterly line of the parcel so described in the deed to said Barnes, 251.09 feet to the point of beginning, and being a portion of the Southwest 1/4 of Section 35, Township 7 South, Range 1 West, Mount Diablo Base and Meridian. Surveyed in July 1954, by Edward S. Stafford, Civil Engineer, a copy of which was recorded on August 31, 1954 in Book 51 of Maps, at page 25, Santa Clara County Records. Excepting therefrom that portion thereof as conveyed to City of Campbell, a municipal corporation, by deed recorded September 11, 1961 in Book 6657, page 288, Official Records, and being more particularly described as follows: A strip ofland 10.00 feet in width along the Southerly line of the land of Church of God of the Abrahamic Faith, as said lands are described in deed of recorded in Book 3791, page 487, Official Records of Santa Clara County, California. Said strip ofland lying Northerly of the Northerly line of McGlincey Lane, as the same exists, 40.00 feet wide. ARB No: 413-11-083 APNNo: 412-31-022 @ @ ... :~ 'u. . ~ \~"",-- ;:~ . ~: . \OO'" I~ {~. l> ~ . . --- ....~'_--.r-ril ." ; .. o ... .. 'j. ." I · III W (l ~ ;': r , '" ~~.:;, - ,'l: ,~ ,'. @ ~:.. . ~t, ~:G'" ~ ." ~..~ 1i4; (J\ 1. . ':-'L'~l> ~ "}.j~ ~ !: 'U .. .: ~: (Jh .. , .. .~ : ,:, w il">' ~ ~:\~ ~ ~. '" ." v (l !" r , .. I~ 'V ~: @ I ..- ,,0 , ~.. I r- ob Z ,..., / '01 O\'1."t .,'0'" ,., "'j' '"'1 1 i. C,J. 'ft'; ... I ~ ? ~ .. ,-,. ~ iD -~ lOll:: 'oJ~ ~ I " 0 101 .Q:I:._~ \ --- lJ\ CI ~ ~ "" <:. ... .... ... ... o ... ... o .... o ... ~ \ \ 'OO' ...', \ \ \ ;\ \ n o c z ... -< n o c z ... -< @ >- VI VI .... VI VI o '" o VI >- z ... >- "" I.... \\ n ,.. >- '" >- n >- ,.. ... o '" z @) >- 1:)'" <:1 " =/ fX) /~=, IQ ell 'Q LJI EXHIBIT" A" LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS Note: This Exhibit reflects the matters which are excluded and excepted from coverage in the 1990 CLTA Standard Coverage Policy and the 1992 AL T A Extended Coverage Loan Policy with AL T A endorsement - Fonn I Coverage, If the issuance of any other type of policy is anticipated, the escrow officer should be contacted to detennine the applicable exclusions and exceptions. 1992 AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE LOAN POLICY WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land had been recorded in the public records at Date of policy, (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior to Date of policy which would be binding on the rights of a purchaser for value without knowledge. 3, (a) (b) Defects, liens, encumbrances, adverse claims or other matters: created, suffered, assumed or agreed to by the insured claimant; not known to the Company, not recorded in the public records at date of policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory liens for services, labor or materials, or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated, 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-Iending law. 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from the improvement or work related to the land which is contracted for and commenced subsequent to date of policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at date of policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws that is based on (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) subordination of the interest of the insured mortgagee as the result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer accept where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor. EXHIBIT" A" - continued CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land; (ii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land had been recorded in the public records at date of policy, (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy, 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior to date of policy which would be binding on the rights of a purchaser for value without knowledge. 3. (a) (b) Defects, liens, encumbrances, adverse claims or other matters: whether or not recorded in the public records at date of policy, but created, suffered, assumed or agreed to by the insured claimant; not known to the Company, not recorded in the public records at date of policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy.; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate of interest insured by this policy, 4, Unenforceability of the lien of the mortgage because of the inability or failure of the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated, 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-Iending law, 6, Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation offederal bankruptcy, state insolvency or similar creditors' rights laws, EXCEPTIONS FROM COVERAGE }, Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2, Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5, (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the maters excepted under (a), (b) or (c) are shown by the public records. ..... . Project: 2332-02-31 Lot Map Check Lot name: 2332PL03 North: 724467.0931 East: 1196320.7038 Curve Length: 81.52 Radius: 219.00 Delta: 21-19-40 Tangent: 41.24 Chord: 81.05 Course: S 14-22-39 E Course In: N 86-17-11 E Course Out: S 64-57-31 \.I RP North: 724481.2776 East: 1196539.2440 End North: 724388.5808 East: 1196340.8295 Line Course: N 00-23-14 \.I Length: 78.65 North: 724467.2291 East: 1196340.2979 Line Course: S 89-36-04 \.I Length: 19.59 Ncrth: 724467.0927 East: 1196320.7084 Line Course: N 84-32-19 \.I Length: 0.00 North: 724467.0927 East: 1196320.7084 Perimeter: 179.77 Area: 975 sq.ft. 0.02 acres Mapcheck Closure - (Uses Error Closure: 0.0046 Error North: -0.00044 Precision 1: 38,903.90 listed courses, radii, and deltas) Course: S 84-32-19 E East: 0.00460 I.i ~ ... -1 ./ \.led Aug 26 13:27:24 1998 "lJlJ March 5, 1999 PACIFIC1"'.BELL ... A Pacific Telesis Company HMH, INCORPORATED 1570 Oakland Road, Suite 200 San Jose, CA 95181 Attn.: Mr. Ken Nuemeister RE: Campbell Technology Park Dear Mr. Nuemeister, Enclosed is Pacific Bell's Standard Grant of Easement which COvers the installation of the nnderground telephone facilities (CEV) on your property. After your review and approval, please have the "ORIGINAL" easement signed by the authorized signers and have all signatures notarized at your earliest convenience. Return a copy of the signed, (but not- yet -recorded) copy of the document to me in the enclosed self-addressed stamped envelope. You will need to forward the oriana! documents to your title representative to be recorded immediately after your new Parcel map is recorded. Before recording our easement, your title representative will fill in the areas left blank with the parcel map recording information, and the new assessors parcel number. The duplicate copy marked "Grantor's Copy" is for your records. If you have any questions you may call me on (408) 493-8174. Thank you for your COoperation regarding this request. Tracy Wright Right of Way Administrator (408) 493-8174 Alliance litle February 4, 1999 Mr. Ken Neumeister Huettig and Schramm 900 WeIch Road Suite 10 Palo Alto, CA 94304 Re: Quit Claim Deeds Access Easement Winchester Drive In Dear Ken: Please find enclosed herewith the following: vi. /2. V3. V4. V 5. 1./ 6, V ./-"\ v7. 8. Quit Claim Deed from Zanardi to Maronne for Roadway 337/138 and 3755/659. Quit Claim Deed from Petersen to Zanardi, etal for Roadway 337/138. Quit Claim Deed from SCVWCD to Petersen etal for Roadway 337/138. Quit Claim Deed from WTA to SCVWCD, etal for Roadway 337/138, Quit Claim Deed from WTA to SCVWCD for I and E 8816/219. Quit Claim Deed from SCVWCD to WT A and the City of Campbell RDA for I and E 8885/541. Quit Claim Deed from City of Campbell RDA to SCVWCD, etal for Roadway 337/138. Grant of Easement for Emergency Access, etc from Paseo De Palomas, Please be advised that I have not prepared the Deed for Marrone as I have not received the approved description from the City of Campbell yet. I will be able to prepare the deeds when Harold Housely is comfortable with the description. As discussed, the City of Campbell redevelopment Agency, was added as a Grantee on number six above and we needed to create a new Deed for them to sign. Number six above will require a Certificate of Acceptance and number seven and 8 will need a resolution authorizing signature. Should you have any further questions, please give me a call. Sincerely, Wayne T. Miyahara c/c Phil Kessler Kay Marcelino Dave Tully Harold Housely ~\,,~Q <1.,.Y;, C \~~Cj ~"' 0. \\ ~ '/-. to ~t:\) ~o~\o~ e\"\c ",~p.. ~u ~\~\S p..0 901 Campisi Way Campbell. CA 95008 . (408) 559-3424 . Fax (408) 377.0284 letterhead (rev 07/17/98) H ~ Ii 2.." ) 2. - cr")... Alliance litle PRELIN.UNARYREPORT Escrow Branch: 901 Campisi Way Campbell, CA 95008 (408) 559-3424 Fax (408) 377-0284 Escrow Officer: Wavne Mivahara/mal ''^\\.tf~~ ,'1~\~0 i~ ~l~J- 5~. ~. ~A ~rY'L t:") if ~ fjf-~ O:uJ- 'V'~ ~ W1 Ref. No: / ~~~ 9 , e1'\~0'''' ~ ~ l1hor D.R.EJMAp FH.ING / V\ ~ .C4Jl.I' SJ. 1; I' Property Addres". f ~~" g1~< APN: 412-29-007; 412-30-035; 042 & 043 ARB: 413-11-009; 091; 413-49-016,030 & 032 ORDER NO. 00133735-007-B WM HMH Engineering 1570 Oakland Road No. 200 San Jose, CA 95161 Attn.: Dave Tully In response to the above referenced application for a policy of title insurance, this Company 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 encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy foons, The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Please read tbe exceptions sbown or referred to below and tbe Exceptions and Exclusions set fortb in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note tbat this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. 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 requested. The fonn of policy of title insurance contem at by this report is Preliminary Title Report Only Dated as of January 26,1999 at 7:30 a. Title Officer A FEE as to Parcel(s) One, Tbree, Four, Five and ix AN EASEMENT as to Parcel(s) Two, Seven and Eigbt Title to said estate or interest at the date hereof is vested in: WT A Campbell Technology Park LLC, a California limited liability company The land referred to in this Report is situated in the State of California, County of Santa Clara and is described as follows: (See "Legal Description" Schedule C attached) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown on the following pages. NOTE: THIS REPORT IS SPECIFICALLY FOR D.RE. PROCESSING AND MAP FILING PURPOSES ONLY. IF A SALE OR REFINANCE OF THE HEREIN DESCRIBED PROPERTY IS CONTEMPLATED, AN ESCROW MUST BE OPENED AND A NEW PRELIMINARY TInE REPORT ISSUED. Page No.2 File No. 00133735-007-B WM 1. "Taxes for the Fiscal Year 1998-1999, not yet assessed" 2. 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. 3. The fact that the ownership of said land does not include any right of ingress or egress to or from Route 17 Freeway contiguous thereto, said right having been relinquished by deed, From: Ellen Scorsur To: State of California Recorded: June 29, 1956 in Book 3537, Page 478, Official Records (Affects Parcels Five and Six) Said land, however, abuts on a public street other than the one referred to above, over which rights of vehicular access have not been relinquished. 4. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, shown or dedicated by the map herein referred to: For: Anchor Easement Affects: Northerly 2 feet of the Easterly 20 feet and the Southerly 2 feet of the Easterly 20 feet of Parcel Three 5. Covenants, Conditions and Restrictions in a Declaration of Restrictions, which provide 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. Said covenants, conditions and restrictions do not provide for reversion of title in the event of a breach thereof. Restrictions, if any, based upon race, color, religion, sex, handicap, familial status, or national origin are deleted. Recorded: July 13, 1964 in Book 6578, Page 232, Official Records. Reference to the records is hereby made for further particulars. (Affects Parcel Three) 6. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: For: Recorded: Affects: County Sanitation District No.4 of Santa Clara County, a Public Corporation acquiring, constructing, completing, reconstructing, repairing, maintaining and operating sanitary sewers, together with the right of ingress and egress thereto October 18, 1966 in Book 7538, Page 493, Official Records as follows: Beginning at the most Easterly comer of that certain Record of Survey for Vincent Raney, a Map of which is filed in Book 214 of Maps, at page 18, in the County Recorder's Office of said Santa Clara County; thence from said point of beginning, Southerly along the Easterly boundary of said Page No.3 File No. 0013373S-007-B WM Record of Survey, South 7021'02" West 221.63 feet, South 6021'02" West 459.18 feet; thence Westerly and leaving said Easterly boundary of said Record of Survey, North 89049'18" West 798.95 feet; thence along the arc of a curve to the left whose tangent bears North 39030'45" East and having a radius of2985 feet, through a central angle of 02030'45", an arc distance of 130.89 feet; thence South 0010'42" West 524.81 feet to a point in the Southerly boundary of said Record of Survey; thence Westerly along said Southerly boundary North 89049'18" West 10.22 feet; thence Northerly and leaving said Southerly boundary, North 0010'42" East 536.48 feet to a point on the Easterly right of way line of the State of California Route No.5 Freeway; thence Northerly along the Easterly right of way of said freeway, along the arc of a curve to the right, whose tangent bears North 37003'50" East, having a radius of3000 feet through a central angle of 02035'04", an arc distance of 135.32 feet; thence Easterly and leaving said Easterly right of way of said Freeway, South 89049'18" East 792.57 feet; thence Northerly and parallel at a right angle distance of 15 feet from the Easterly boundary of said Record of Survey, North 6021'02" East 445.04 and North 7021 '02" East 219.87 feet to a point on the Northerly boundary of said Record of Survey; thence Easterly along said Northerly boundary, South 89050'16" East 15.12 feet to the point of beginning. (Affects Parcels Five and Six) 7. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: For: Recorded: Affects: Pacific Gas and Electric Company, a California Corporation the right to erect, maintain, replace, remove and use a line of poles February 24, 1967 in Book 7648, Page 345, Official Records as follows: 1. Within a strip ofland of the uniform width of 10 feet, lying contiguous to and Northwesterly of the Southeasterly boundary line of Lot 16 of Tract No. 3599 Westchester Industrial Park, recorded in Book 175 of Maps, page 47, and extending from the Westerly boundary line of said Lot 16, Northeasterly 230 feet, more or less, to the Southwesterly boundary line of the city street known as Westchester Drive. 2. Beginning at a point in the Westerly boundary line of said Lot 16 and running thence South 61049' West, 1 foot, more or less to a point from which the most Southerly corner of said Lot 16 bears North 89037' East 1.0 feet distant; thence North 1011' West 287.7 feet; thence North 17 1/2' West 224.5 feet. 8. Covenants, conditions and restrictions in the deed, Recorded:January 30, 1970 in Book 8816, Page 219, Official Records. Restrictions, if any, based upon race, color, religion, sex, handicap, familial status, or national origin are deleted. (Affects Parcels Two and Eight) Reference to the records is hereby made for further particulars. Page No.4 File No, 00133735-007-B WM 9. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: For: Recorded: Affects: Santa Clara County Flood Control and Water District ingress and egress April 1 0, 1970 in Book 8885, Page 541, Official Records as follows: Beginning at the Southeasterly comer of said lands, said point having also the Northeasterly comer of that certain parcel of land conveyed to the Santa Clara Valley Water Conservation District by H. T. Petersen, et ux, in Deed recorded in Book 4128 of Official Records, at page 429, in the Office of the Recorder, County of Santa Clara, State of California; thence along the Northerly line of said District, North 89025' West 20.00 feet; thence along a curve to the left from a tangent which bears North 00025' West with a radius of 45.00 feet, through a central angle of 81 045'04", for an arc distance of64.21 feet; thence North 62021'09" East 65.84 feet; thence South 00025' East 75.01 feet to the point of beginning. (Affects Parcel Six) 10. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: For: Recorded: Affects: Pacific Gas and Electric Company, a California Corporation to construct, place, inspect, maintain, operate, replace and remove facilities consisting of underground conduits, pipes, manholes, service boxes, wires, cables and other electrical conductors, together with a right of way therefor and the right of ingress thereto and egress. therefrom September 24, 1970 in Book 9065, Page 114, Official Records as follows: A strip of land of the uniform width of 5 feet, extending from the Easterly boundary line of said real property, Westerly to the Easterly boundary line of the State Highway known as Highway 17, and lying equally on each side of a line which begins at a point in the Easterly boundary line of said real property distant along said Easterly boundary line, 22.0 feet Southerly from the Northeast comer of said real property, and runs thence North 89050' West 245 feet, more or less, to the Easterly boundary line of said Highway 17. (Affects Parcel Five) 11. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: For: Recorded: Affects: County Sanitation District No.4 of Santa Clara County, a public corporation constructing, completing, reconstructing, repairing, maintaining and operating sanitary sewers and appurtenances for said District, together with the right of ingress and egress therefor November 21, 1984 in Book J 059, Page 242, Official Records as follows: Page No.5 File No. 00133735-007-B WM Beginning at the Northeasterly comer of that certain Record of Survey for Vincent Raney, a Map of which is filed in Book 214 of Maps, at page 18, in the County Recorder's Office of said Santa Clara County; thence from said point of beginning, Southerly along the Easterly boundary of said Record of Survey, South 07021'02" West 221.63 feet, South 06021'02" West 459.18 feet; thence Westerly and leaving said Easterly boundary of said Record of Survey, North 89049'18" West 338.15 feet; thence South 00010'42" West 271.52 feet; thence South 69042'00" West 256.06 feet; thence South 24032'00" ,West 198.08 feet; thence South 71015'00" West 233.07 feet; thence South 00010'42" West 9.95 feet to a point in the Southerly boundary of said Record of Survey; thence Westerly along said Southerly boundary, North 89049'18" West 10.00 feet; thence Northerly and leaving said Southerly boundary North 00010'42" East 17.09 feet; thence North 71015'00" East 235.89 feet; thence North 24032'00" East 197.92 feet; thence North 69043'00" East 253.28 feet; thence North 00010'42" East 279.58 feet; thence South 89049'18" East 334.69 feet; thence Northerly and parallel at right angle distance of 15 feet from the Easterly boundary of said Record of Survey, North 06021 '02" East 445.85 feet and North 07021 '02" East 219.87 feet to a point on the Northerly boundary of said Record of Survey; thence Easterly along said Northerly boundary, South 89050'16" East 15.12 feet to the point of beginning. (Affects Parcels Five and Six) Covenants, conditions and restrictions in the above mentioned instruments. 12. The herein described property lies within the bounds of the First Amended and Restated Central Campbell Redevelopment Plan and as such is subject to the terms, covenants, conditions and restrictions therein provided, Recorded: January 23, 1991 in Book L 598, Page 2178, Official Records. The above redevelopment project was amended by an instrument recorded June 18, 1992 in Book M 246, Page 506, Official Records. The above redevelopment project was amended by an instrument recorded December 14, 1994 in Book N 699, Page 2159, Official Records. 13. Covenants, conditions and restrictions in the deed, Recorded:December 21, 1998 under Recorder's Series No. 14563127, Official Records Restrictions, if any, based upon race, color, religion, sex, handicap, familial status, or national origin are deleted. Said covenants, conditions and restrictions do not provide for reversion of title in the event of a breach thereof. Reference to the records is hereby made for further particulars. Page No.6 File No. ooI33735-007-B WM 14. A deed of trust to secure an indebtedness in the original amount shown below, Dated: December 18, 1998 Amount: $12,300,000.00 Trustor: WI A Campbell Technology Park LLC Trustee: Great Bay Bancorp Beneficiary: Mid-Peninsula Bank Recorded: December 21, 1998 under Recorder's Series No. 14563128 Official Records Loan No.: 0110543456 15. Covenants, conditions, restrictions and Easements in an instrwnent entitled Hazardous Substance Certificate and Indemnity Recorded: December 21, 1998 under Recorder's Series No. ,14563129 Official Records Restrictions, if any, based upon race, color, religion, sex, handicap, familial status, or national origin are deleted. Reference to the records is hereby made for further particulars. NOTES: a. Date last insured: 12-21-98 b. 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. c. 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. d. No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions provides coverage for environmental protection. e. No known matters otherwise appropriate to be shown have been deleted from this report, which is not a policy of title insurance, but a report to facilitate the issuance of a policy of title insurance. f. For the purposes of policy issuance, no items will be eliminated on the basis of an indemnity agreement of other agreement satisfactory to the company as insurer. Page No.7 File No. 00133735-007-B WM g. Prior to the issuance of a Parcel Map or Subdivision Map Guarantee for the County of Santa Clara, this Company will require a copy of the tentative Map which is to be recorded for examination and retention in our file. h. 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. 1. 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-- Grantor: The City of Campbell Redevelopment Agency, a public body corporate and politic WT A Campbell Technology Park LLC, a California limited liability company December 21, 1998, under Recorder's Series No. 14563127, Official Records. Grantee: Recorded: Page No.8 File No. 0013373S-007-B WM SCHEDULE C LEGAL DESCRIPTION All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: PARCEL ONE: BEGINNING at a point in the Northwest~rly line of McGlincey Road, 40 feet wide, as said road was established by Deed from Kate Laptalo, et al, to County of Santa Clara, dated August 25, 1947 and recorded October 14, 1948 in Book 1684 of Official Records, at page 75, at the point of intersection of said Northwesterly line with the quarter section line running Northerly and Southerly through the center of Section 35, Township 7 South, Range 1 West, M.D.B. & M.; thence from said point of beginning along the Northwesterly line ofMcGlincey Road, North 56055' East 29.70 feet; thence leaving said Northwesterly line and running North 33005' West, 160.37 feet; thence parallel with the said Northwesterly line ofMcGlincey Road, South 56055' West 29.70 feet; thence South 33005' East 160.37 feet to the point of beginning and being a part of Section 35, Township 7 South, Range 1 West, M.D.B. &M. EXCEPTING THEREFROM that portion conveyed to the City of Campbell by Grant Deed recorded July 29, 1964 in Book 6600, page 557, Official Records, described as follows: A strip ofland 10.00 feet in width along the Southerly line of the lands of Forman Development Co., as said lands are described in the Deed of record in Book 1086, page 568, Official Records of Santa Clara County, California, said strip ofland lying Northerly of the Northerly line of McGlincey Lane, as the same exists 40.00 feet wide. PARCEL TWO: An easement for the purpose of ingress and egress, said easement being more particularly described as follows: Being a portion of the lands of Santa Clara County Flood Control and Water District, as described in Deed recorded in Book 4120 of Official Records, at page 683. et seq., in the office of the Recorder, County of Santa Clara, State of California, to wit: BEGINNING at the most Southerly comer of said lands as described in said Deed; thence along the Westerly line thereof, North 00025' West 269.63 feet; thence leaving said line along a curve to the right from a tangent which bears South 44010'42" East, with a radius of 90.00 feet through a central angle of 43045'42", for an arc distance of 68.74 feet; thence South 00025' East 191.35 feet to a point on the Page No.9 File No. 0013373S-007-B WM Southeasterly line of said lands as described in said Deed; thence along said line, South 56055' West 29.70 feet to the point of beginning. PARCEL THREE: All of Lot 16, as shown upon that certain map entitled, "Tract No. 3599 Westchester Industrial Park", which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on March 25, 1964 in Book 175 of Maps, at page 47. EXCEPTING THEREFROM the right to pump, take or otherwise extract water from the underground basin or strata in Santa Clara County, with no surface rights to water involved, as conveyed by Forman Development Company, a partnership to San Jose Water Works, a Corporation, by Deed dated April 30, 1964 and recorded May 5, 1964 in Book 6491 of Official Records, at page 278. PARCEL FOUR: BEGINNING at an iron pipe set in the Northwesterly line of McGlincey Lane, 40 feet wide, as established by Deed to the County of Santa Clara, dated August 25, 1947, recorded October 14, 1948 in Book 1684 of Official Records, at page 75, Santa Clara County Records, distant thereon N. 56055' E. 29.70 feet from the point of intersection of said line of McGlincey Lane with the 1/4 section line running North and South through the center of Section 35, Township 7 South, Range 1 West, Mount Diablo Base and Meridian; thence along said line of McGlincey Lane, N. 56055' E. 110.14 feet to a point at the most Southerly corner of that certain parcel of land described in the Deed from Steve Laptalo, et al, to Oden Snowden, et ux, dated July 25, 1952, recorded September 18, 1952 in Book 2490 of Official Records, at page 105; thence along the Southwesterly line of said parcel so conveyed to Snowden, N. 33005' W. 135 feet to a point at the Northwesterly corner thereof; thence parallel with said line of McGlincey Lane, S. 56055' W. 23.58 feet to a point; thence S. 0025' E. 160.37 feet to the point of beginning, and being a portion of said Section 35, Township 7 South, Range 1 West, Mount Diablo Base and Meridian, and also being a portion of the premises shown upon the Map of Record of Survey filed for record May 10, 1950 in Book 27 of Maps at page 14, Santa Clara County Records. EXCEPTING THEREFROM the Southeasterly 10.00 feet thereof, as granted in the Deed from Albert M. Mandell, et ux, to the City of Campbell, a Municipal corporation, recorded December 18, 1964 in Book 6784 of Official Records, page 624. PARCEL FIVE: BEGINNING at the Southwest corner of the Southeast 1/4 of the Northwest 1/4 of Section 35, Township 7 South, Range 1 West; running thence along the line between lands formerly of Mrs. Willett and Mrs. O. C. Wells, South 89056' East 19.85 chains to a 6" x 6" post marked "W.5"; thence leaving the line between said lands and running North 6025' East 11.45 chains and North 7025' East 3.36 chains to a stake marked "W.S." standing in the line between Lots 5 and 6, as shown on the Map of partition in the Suit of E. Willett, Plaintiff vs. Lottie Willett, et al, Defendant, in the Superior court of Santa Clara County; thence along the line between said Lots, West 4.50 chains to the Southwest corner of said Lot 5 Page No. 10 File No. 00133735-007-B WM and North 3 1/40 East 4.18 chains to the Northwest corner of said Lot 5 in the South line of Lot 4 of said partition; thence along the line between said Lots 4 and 6 of said partition, West 4.97 chains to a stake E.A. 2 standing at the Southwest comer of said Lot 4 in the center of the Los Gatos Creek and in the line between lands formerly of Mrs. M.A. Kennedy and Mrs. E. Willett; thence along the line between said lands, South 37017' West 20.38 chains and South 2.60 chains to the point of beginning, and being a part of Lot 6 as set off to Mrs. Elizabeth Willett in the above mentioned partition and a part of the Southeast 1/4 of the Northwest 1/4 ofa part of the Southwest 1/4 of the Northeast 1/4 of Section 35, Township 7 South, Range 1 West, M.D.B. EXCEPTING THEREFROM that certain parcel ofland described in the Deed from Frank B. Billings, et ux, to Frederic G. Wilson, dated September 5, 1903, recorded September 11, 1903 in Book 268 of Deeds, at page 157, as follows: BEGINNING at the Southwest comer of Lot 5 of the Willett Partition as set off by order of the Superior Court in the partition suit ofE. Willett vs. Lottie Willett, et al, and running thence West about 478 feet to the Westerly boundary of Lot 6 of said partition; thence Northeasterly about 300 feet to the Northwest comer of said Lot 6; thence East 4.97 chains to the Northwest corner of said Lot 5; thence Southerly along the Westerly boundary of said Lot 5, 4.18 chains to the point of beginning, and being the Northerly "L" of the aforesaid Lot 6, which was conveyed by B.T. Campen to Frank B. Billings by Deed dated December 5, 1888 and recorded in Book 112 of Deeds, at page 436. ALSO EXCEPTING THEREFROM all that portion thereoflying Northwesterly of the Southeasterly line of Parcel One, as granted in the Deed from Ellen Scorsur, a widow, as my separate property, to State of California, for freeway purposes, dated May 25, 1956 and recorded June 29, 1956 in Book 3537 of Official Records, page 478. PARCEL SIX: All the North 10 acres of the East 1/2 of the Southwest 1/4 of Section 35 in Township 7 South, Range 1 West, bounded as follows: BEGINNING in the center of said Section 35 and running West on the 1/4 line thereof (the same being the South line ofland of Frank B. Billings) 80 rods; thence at right angles, South 20 rods; thence at right angles, East 80 rods to the quarter line of said Section 35; thence North along said one quarter line, 20 rods to the point of beginning. EXCEPTING THEREFROM all that portion thereoflying Northwesterly of the Southeasterly line of Parcel One, as granted in the Deed from Ellen Scorsur, a widow, as my separate property, to State of California, for freeway purposes, dated May 25, 1956 and recorded June 29, 1956 in Book 3537 of Official Records, page 478. ALSO EXCEPTING THEREFROM that portion described in the Deed from Winchester Drive-In Theatre, Inc., to Santa Clara County Flood Control and Water District, State of California, recorded April 10, 1970 in Book 8885, page 541, more particularly described as follows: Page No. 11 File No. 0013373S-007-B WM BEGINNING at the Southeasterly comer of said lands, said point being also the Northeasterly comer of that certain parcel of land conveyed to the Santa Clara Valley Water Conservation District, by H. T. Petersen, et ux, in Deed recorded in Book 4128 of Official Records, at page 429, in the office of the Recorder, County of Santa Clara, State of California; thence along the Northerly line of said District, as described in said Deed, North 89025' West 20.00 feet to the true point of beginning; thence continuing along said Northerly line, North 89025' West 121.00 feet; thence leaving said line, North 62021'09" East 92.71 feet; thence along a curve to the right, from a tangent which bears South 82010'04" East with a radius of 45.00 feet, through a central angle of81 045'04" for an arc distance of64.21 feet to the true point of beginning. EXCEPTING THEREFROM Parcels Five and Six herein described, all that portion of land described as follows: Real property situate in the City of Campbell, County of Santa Clara, State of California, being part of the North 10 acres of the East 1/2 of the Southwest 1/4 and part of the Southeast 1/4 of the Northwest 1/4 of Section 35, Township 1 South Range 1 West, M.D.M, described as follows: Beginning at the most Westerly comer of that portion described in the Deed from Winchester Drive-In Theatre, Inc. to Santa Clara County Flood Control and Water District recorded April 10, 1970 in Book 8885 of Official Records at page 541, Santa Clara County Records: Thence from said Point of Beginning, along the South line of said North 10 acres, North 89050' 00" West, 688.81 feet to the Southeasterly line ofCristich Lane (a 60 foot wide private street); Thence, leaving said South line, North 500 33' 30" East, 429.50 feet; Thence along a tangent curve to the right having a radius of 272.50 feet, through a central angle of 1180 01' 30", for an arc length of 561.33 feet; Thence South 110 25' 00'''' East, 82.59 feet to the Northerly line of said portion described in said Deed from Winchester Drive-In Theatre, Inc.; Thence along said Northerly line, from a tangent bearing of North 580 34' 44" West, along a curve to the left having a radius of 45.00 feet, through a central angle of 240 00' 21 ", for an arc length of 18.85 feet; Thence continuing along said Northerly line, South 61056' 09" West, 92.71 feet to the Point of Beginning. PARCEL SEVEN: RIGHT OF WAY for roadway 20 feet wide, running South along the 1/4 line of said Section 35 from the Southeast comer of Parcel Two above described to a roadway owned by the party of the first part hereinafter described and extending Easterly to the San Jose and Los Gatos Road, together with the right Page No. 12 File No. 0013373S-007-B WM of way for ingress and egress over said private roadway to the said San Jose and Los Gatos road, as granted in the Deed from George A. Whipple, et ux, party of the first part to Frank B. Billings, dated September 15, 1908, recorded September 23, 1908 in Book 337 of Deeds, at page 138. PARCEL EIGHT: An easement for the purpose of ingress and egress, said easement being more particularly described as follows: Being a portion of the lands of Santa Clara County Flood Control and Water District, as described in Deed recorded in Book 4120 of Official Records, at page 683, et seq., in the office of the Recorder, County of Santa Clara, State of California, to wit: BEGINNING at the most Southerly comer of said lands as described in said Deed; thence along the Westerly line thereof, North 00025' West 269.63 feet; thence leaving said line along a curve to the right from a tangent which bears South 44010'42" East, with a radius of90.00 feet through a central angle of 43045'42", for an arc distance of68.74 feet; thence South 00025' East 191.35 feet to a point on the Southeasterly line of said lands as described in said Deed; thence along said line, South 56055' West 29.70 feet to the point of beginning. ARB No: 413-11-009; 091; 413-49-016, 030 & 032 APN No: 412-29-007; 412-30-035; 042 & 043 EXHIBIT "A" LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS Note: This Exhibit reflects the matters which are excluded and excepted from coverage in the 1990 CLTA Standard Coverage Policy and the 1992 ALIA Extended Coverage Loan Policy with ALTA endorsement - Fonn 1 Coverage. If the issuance of any other type of policy is anticipated, the escrow officer should be contacted to detennine the applicable exclusions and exceptions, 1992 AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE LOAN POLICY WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE l. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encwnbrance resulting from a violation or alleged violation affecting the land had been recorded in the public records at Date of policy, (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encwnbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy, 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior to Date of policy which would be binding on the rights of a purchaser for value without knowledge. 3. (a) (b) Defects, liens, encwnbrances, adverse claims or other matters: created, suffered, asswned or agreed to by the insured claimant; not known to the Company, not recorded in the public records at date of policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory liens for services, labor or materials, or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage, 4, Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any conswner credit protection or truth-in-Iending law. 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from the improvement or work related to the land which is contracted for and commenced subsequent to date of policy and is not fmanced in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at date of policy the insured has advanced or is obligated to advance, 7, Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws that is based on (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) subordination of the interest of the insured mortgagee as the result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer accept where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor. EXHIBIT "A" - continued CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY _ 1990 EXCLUSIONS FROM COVERAGE I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land; (ii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land had been recorded in the public records at date of policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior to date of policy which would be binding on the rights of a purchaser for value without knowledge. 3. (a) (b) Defects, liens, encumbrances, adverse claims or other matters: whether or not recorded in the public records at date of policy, but created. suffered, assumed or agreed to by the insured claimant; not known to the Company, not recorded in the public records at date of policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy,; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate of interest insured by this policy. 4. Unenforceability of the lien of the mortgage because of the inability or failure of the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-Iending law. 6, Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation offederal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE }, Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3, Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the maters excepted under (a), (b) or (c) are shown by the public records. Z:S)<:.--oz--- PRELIMINARY REPORT Escrow Branch: 901 Campisi Way Campbell, CA 95008 (408) 559-3424 Fax (408) 377-0284 Escrow Officer: Wayne Miyahara/ep Alliance litle ORDER NO. 00133735-007-A WM HMH Engineering 1570 Oakland Road No, 200 San Jose, CA 95161 Attn,: Dave Tully In response to the above referenced application for a policy of title insurance, this Company 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 encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions 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, Please read the exceptions shown or referred to below and the Exceptions and Exclusions set forth in Exhibit A of this report carefully, 'llle exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insuraf!ce policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all Hells, defects, and encumbrances affecting title to the land, 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: Preliminary Title Report Only Dated as of November 4, 1998 at 7:30 a.m. The estate or interest in the land hereinafter described or referred to covered by A FEE as to Parcel(s) One, Three, Four, Five and Six AN EASEMENT as to Parcel(s) Two, Seven and Eight Title Officer Title to said estate or interest at the date hereof is vested in: City of Campbell Redevelopment Agency, a public body corporate and politic The land referred to in this Report is situated in the State of California, County of Santa Clara and is described as follows: (See "Legal Description" Schedule C attached) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown on the following pages. NOTE: THIS REPORT IS SPECIFICALLY FOR D.R,E. PROCESSING AND MAP FILING PURPOSES ONLY. IF A SALE OR REFINANCE OF THE HEREIN DESCRIBED PROPERTY IS CONTEMPLATED, AN ESCROW MUST BE OPENED AND A NEW PRELIMINARY TITLE REPORT ISSUED. ~~{)i ~ * ;_,V't' , I '~\f\ ~The lien of supplemental taxes, ifany, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) to the Revenue and Taxation Code of the State of California, ~s for the fiscal year 1994-95, have been declared "Tax Defaulted", Assessment No. 412-30- 042-99, Code Area 10-108 Page NO.2 File No, 00133735-007-A WM ( / '11 3. / / .1 ,~J{j' , , l~ Taxing Authority: County Tax Collector Amount to redeem prior to November 30, 1998 Amount to redeem prior to December 31, 1998 Amount to redeem prior to January 31, 1999 $35.58 $35.76 $35.94 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: The San Jose Water Company, a Corporation For: water pipe line Recorded: May 25, 1870 in Book 18, Page 88 of Deeds 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: Santa Clara Valley Water Company, a Corporation For: a ditch Recorded: October 24, 1903 in Book 270, Page 350 of Deeds ~) The fact that the ownership of said land does not include any right of ingress or egress to or from ~j "-\'/' Route 1 7 Freeway contiguous thereto, said right having been relinquished by deed, From: Ellen Scorsur To: State of California Recorded: June 29,1956 in Book 3537, Page 478, Official Records (Affects Parcels Five and Six) 1 @j I Said land, however, abuts on a public street other than the one referred to above, over which rights of vehicular access have not been relinquished. . '"\., ( 6.) An easement affecting t?e portion of said land. and for the purpose stated herein and incidental V purposes, shown or dedIcated by the map herem referred to: F or: Anchor Easement _- Affects: Northerly 2 feet of the Easterly 20 feedmd the Southerly 2 feet of the Easterly 20 feet of Parcel Three Page No, 3 File No. OOI33735-007-A WM ~;enants, Conditions and Restrictions in a Declaration of Restrictions, which provide 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. Said covenants, conditions and restrictions do not provide for reversion oftitle in the event of a breach thereof. Restrictions, if any, based upon race, color, religion, sex, - handicap, familial status, or national origin are deleted. Recorded: July 13, 1964 in Book 6578, Page 232, Official Records. Reference to the records is hereby made for further particulars. (Affects Parcel Three) '. ~~ An easement affecting the portion of said land and for the purpose stated herein and incidental ~ purposes, In Favor Of: County Sanitation District No.4 of Santa Clara County, a Public Corporation For: acquiring, constructing, completing, reconstructing, repairing, maintaining and operating sanitary sewers, together with the right of ingress and egress thereto Recorded: October 18, 1966 in Book 7538, Page 493, Official Records Affects: as follows: Beginning at the most Easterly comer of that certain Record of Survey for Vincent Raney, a Map of which is filed in Book 214 of Maps, at page 18, in the County Recorder's Office of said Santa Clara County; thence from said point of beginning, Southerly along the Easterly boundary of said Record of Survey, South 7021'02" West 221.63 feet, South 6021'02" West 459.18 feet; thence Westerly and leaving said Easterly boundary of said Record of Survey, North 89049'18" West 798.95 feet; thence along the arc of a curve to the left whose tangent bears North 39030'45" East and having a radius of2985 feet, through a central angle of 02030'45", an arc distance of 130.89 feet; thence South 0010'42" West 524.81 feet to a point in the Southerly boundary of said Record of Survey; thence Westerly along said Southerly boundary North 89049'18" West 10.22 feet; thence Northerly and leaving said Southerly boundary, North 0010'42" East 536.48 feet to a point on the Easterly right of way line of the State of California Route No.5 Freeway; thence Northerly along the Easterly right of way of said freeway, along the arc of a curve to the right, whose tangent bears North 37003'50" East, having a radius of3000 feet through a central angle of 02035'04", an arc distance of 135.32 feet; thence Easterly and leaving said Easterly right of way of said Freeway, South 89049'18" East 792.57 feet; thence Northerly and parallel at a right angle distance of 15 feet from the Easterly boundary of said Record of Survey, North 6021'02" East 445,04 and North 7021'02" East 219,87 feet to a point on the Northerly boundary of said Record of Survey; thence Easterly along said Northerly boundary, South 89050'16" East 15.12 feet to the point of beginning. (Affects Parcels Five and Six) Page No, 4 File No. 00133735-007-A WM 111 ~ An easement affecting the portion of said land and for the purpose stated herein and incidental wV purposes, In Favor Of: Pacific Gas and Electric Company, a California Corporation For: the right to erect, maintain, replace, remove and use a line of poles Recorded: February 24, 1967 in Book 7648, Page 345, Official Records Affects: as follows: 1. Within a strip of land of the uniform width of 10 feet, lying contiguous to and Northwesterly of the Southeasterly boundary line of Lot 16 of Tract No. 3599 Westchester Industrial Park, recorded in Book 175 of Maps, page 47, and extending from the Westerly boundary line of said Lot 16, Northeasterly 230 feet, more or less, to the Southwesterly boundary line of the city street known as Westchester Drive. 2. Beginning at a point in the Westerly boundary line of said Lot 16 and running thence South 61049' West, 1 foot, more or less to a point from which the most Southerly comer of said Lot 16 bears North 89037' East 1.0 feet distant; thence North 1011' West 287.7 feet; thence North 17 1/2' West 224.5 feet. 10. Covenants, conditions and restrictions in the deed, Recorded: January 30,1970 in Book 8816, Page 219, Official Records. Restrictions, if any, based upon race, color, religion, sex, handicap, familial status, or national origin are deleted, (Affects Parcels Two and Eight) Reference to the records is hereby made for further particulars. )/~f - ) q / 0"1) An easement affecting the portion of said land and for the purpose stated herein and incidental L - / ,j purposes, In Favor Of: Santa Clara County Flood Control and Water District F or: ingress and egress Recorded: April 10, 1970 in Book 8885, Page 541, Official Records Affects: as follows: Beginning at the Southeasterly comer of said lands, said point having also the Northeasterly comer of that certain parcel of land conveyed to the Santa Clara Valley Water Conservation District by H. T. Petersen, et ux, in Deed recorded in Book 4128 of Official Records, at page 429, in the Office of the Recorder, County of Santa Clara, State of California; thence along the Northerly line of said District, North 89025' West 20.00 feet; thence along a curve to the left from a tangent which bears North 00025' West with a radius of 45,00 feet, through a central angle of 81 045'04", for an arc distance of64.21 feet; thence North 62021'09" East 65.84 feet; thence South 00025' East 75.01 feet to the point of beginning, (Affects Parcel Six) Page No, 5 File No, 00133735-007-A WM r' ! /0 I ! L----...:. (i1~An easement affecting the portion of said land and for the purpose stated herein and incidental lv' purposes, In Favor Of: Pacific Gas and Electric Company, a California Corporation For: to construct, place, inspect, maintain, operate, replace and remove facilities consisting of underground conduits, pipes, manholes, service boxes, wires, cables and other electrical conductors, together with a right of way therefor and the right of ingress thereto and egress therefrom September 24, 1970 in Book 9065, Page 114, Official Records as follows: Recorded: Affects: A strip ofIand ofthe uniform width of 5 feet, extending from the Easterly boundary line of said real property, Westerly to the Easterly boundary line of the State Highway known as Highway 17, and lying equally on each side of a line which begins at a point in the Easterly boundary line of said real property distant along said Easterly boundary line, 22.0 feet Southerly from the Northeast comer of said real property, and runs thence North 89050' West 245 feet, more or less, to the Easterly boundary line of said Highway 17. (Affects Parcel Five) ~ .1;.~k easement affecting the portion of said land and for the purpose stated herein and incidental :' ) purposes, r In Favor Of: County Sanitation District No, 4 of Santa Clara County, a public corporation F or: constructing, completing, reconstructing, repairing, maintaining and operating sanitary sewers and appurtenances for said District, together with the right of ingress and egress therefor Recorded: Affects: November 21, 1984 in Book J 059, Page 242, Official Records as follows: Beginning at the Northeasterly comer of that certain Record of Survey for Vincent Raney, a Map of which is filed in Book 214 of Maps, at page 18, in the County Recorder's Office of said Santa Clara County; thence from said point of beginning, Southerly along the Easterly boundary of said Record of Survey, South 07021 '02" West 221.63 feet, South 06021 '02" West 459,18 feet; thence Westerly and leaving said Easterly boundary of said Record of Survey, North 89049'18" West 338.15 feet; thence South 00010'42" West 271.52 feet; thence South 69042'00" West 256.06 feet; thence South 24032'00" West 198.08 feet; thence South 71015'00" West 233.07 feet; thence South 00010'42" West 9.95 feet to a point in the Southerly boundary of said Record of Survey; thence Westerly along said Southerly boundary, North 89049'18" West 10.00 feet; thence Northerly and leaving said Southerly boundary North 00010'42" East 17.09 feet; thence North 71015'00" East 235.89 feet; thence North 24032'00" East 197.92 feet; thence North 69043'00" East 253.28 feet; Page No.6 File No. 00133735-007-A WM thence North 00010'42" East 279.58 feet; thence South 89049'18" East 334.69 feet; thence Northerly and parallel at right angle distance of 15 feet from the Easterly boundary of said Record of Survey, North 06021'02" East 445.85 feet and North 07021'02" East 219.87 feet to a point on the Northerly boundary of said Record of Survey; thence Easterly along said Northerly boundary, South 89050'16" East 15.12 feet to the point of beginning. (Affects Parcels Five and Six) Covenants, conditions and restrictions in the above mentioned instruments. ~e herein described property lies within the bounds of the First Amended and Restated Central Campbell Redevelopment Plan and as such is subject to the terms, covenants, conditions and restrictions therein provided, Recorded: January 23, 1991 in Book L 598, Page 2178, Official Records. The above redevelopment project was amended by an instrument recorded June 18, 1992 in Book M 246, Page 506, Official Records, The above redevelopment project was amended by an instrument recorded December 14, 1994 in Book N 699, Page 2159, Official Records. /' 0- Rights of parties in possession of said land by reason of unrecorded leases, or rental agreements, if any. ~~y facts, rights, interests or claims which a correct survey would show. , Ai Evidence must be provided that there are no commitment statements in effect under Civil Code V Section 850 et seq. with respect to the property Page NO.7 File No, 00133735-007-A WM NOTES: a. Date last insured: 04-21-1994 b. 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. c. 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, d. No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions provides coverage for environmental protection. e, No known matters otherwise appropriate to be shown have been deleted from this report, which is not a policy of title insurance, but a report to facilitate the issuance of a policy of title insurance, f, For the purposes of policy issuance, no items will be eliminated on the basis of an indemnity agreement of other agreement satisfactory to the company as insurer. g. Prior to the issuance of a Parcel Map or Subdivision Map Guarantee for the County of Santa Clara, this Company will require a copy of the tentative Map which is to be recorded for examination and retention in our file. h. 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. 1. 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 Page No.8 File No, 00133735-007-A WM SCHEDULE C LEGAL DESCRIPTION All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: PARCEL ONE: BEGINNING at a point in the Northwesterly line of McGlincey Road, 40 feet wide, as said road was established by Deed from Kate Laptalo, et aI, to County of Santa Clara, dated August 25, 1947 and recorded October 14, 1948 in Book 1684 of Official Records, at page 75, at the point of intersection of said Northwesterly line with the quarter section line running Northerly and Southerly through the center of Section 35, Township 7 South, Range I West, M.D.B. & M.; thence from said point of beginning along the Northwesterly line of McGlincey Road, North 56055' East 29.70 feet; thence leaving said Northwesterly line and running North 33005' West, 160.37 feet; thence parallel with the said Northwesterly line of McGlincey Road, South 56055' West 29,70 feet; thence South 33005' East 160,37 feet to the point of beginning and being a part of Section 35, Township 7 South, Range 1 West, M.D,B. &M. EXCEPTING THEREFROM that portion conveyed to the City of Campbell by Grant Deed recorded July 29, 1964 in Book 6600, page 557, Official Records, described as follows: A strip ofland 10.00 feet in width along the Southerly line of the lands of Forman Development Co" as said lands are described in the Deed of record in Book 1086, page 568, Official Records of Santa Clara County, California, said strip of land lying Northerly of the Northerly line of McGlincey Lane, as the same exists 40.00 feet wide. PARCEL TWO: An easement for the purpose of ingress and egress, said easement being more particularly described as follows: Being a portion of the lands of Santa Clara County Flood Control and Water District, as described in Deed recorded in Book 4120 of Official Records, at page 683. et seq., in the office of the Recorder, County of Santa Clara, State of California, to wit: Page No, 9 File No. 00133735-007-A WM BEGINNING at the most Southerly corner of said lands as described in said Deed; thence along the Westerly line thereof, North 00025' West 269,63 feet; thence leaving said line along a curve to the right from a tangent which bears South 44010'42" East, with a radius of90.00 feet through a central angle of 43045'42", for an arc distance of68.74 feet; thence South 00025' East 191.35 feet to a point on the So.utheasterly line of said lands as described in said Deed; thence along said line, South 56055' West 29.70 feet to the point of beginning. PARCEL THREE: All of Lot 16, as shown upon that certain map entitled, "Tract No. 3599 Westchester Industrial Park", which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on March 25, 1964 in Book 175 of Maps, at page 47. EXCEPTING THEREFROM the right to pump, take or otherwise extract water from the underground basin or strata in Santa Clara County, with no surface rights to water involved, as conveyed by Forman Development Company, a partnership to San Jose Water Works, a Corporation, by Deed dated April 30, 1964 and recorded May 5,1964 in Book 6491 of Official Records, at page 278. PARCEL FOUR: BEGINNING at an iron pipe set in the Northwesterly line of McGlincey Lane, 40 feet wide, as established by Deed to the County of Santa Clara, dated August 25,1947, recorded October 14,1948 in Book 1684 of Official Records, at page 75, Santa Clara County Records, distant thereon N. 56055' E. 29.70 feet from the point of intersection of said line of McGlincey Lane with the 1/4 section line running North and South through the center of Section 35, Township 7 South, Range 1 West, Mount Diablo Base and Meridian; thence along said line of McGlincey Lane, N. 56055' E. 110.14 feet to a point at the most Southerly comer of that certain parcel of land described in the Deed from Steve Laptalo, et aI, to Oden Snowden, et ux, dated July 25, 1952, recorded September 18, 1952 in Book 2490 of Official Records, at page 105; thence along the Southwesterly line of said parcel so conveyed to Snowden, N. 33005' W, 135 feet to a point at the Northwesterly comer thereof; thence parallel with said line of McGlincey Lane, S. 56055' W. 23.58 feet to a point; thence S. 0025' E. 160.37 feet to the point of beginning, and being a portion of said Section 35, Township 7 South, Range 1 West, Mount Diablo Base and Meridian, and also being a portion ofthe premises shown upon the Map of Record of Survey filed for record May 10, 1950 in Book 27 of Maps at page 14, Santa Clara County Records. EXCEPTING THEREFROM the Southeasterly 10.00 feet thereof, as granted in the Deed from Albert M. Mandell, et ux, to the City of Campbell, a Municipal corporation, recorded December 18, 1964 in Book 6784 of Official Records, page 624. Page No. 10 File No, 00133735-007-A WM PARCEL FIVE: BEGINNING at the Southwest comer of the Southeast 1/4 of the Northwest 1/4 of Section 35, Township 7 South, Range 1 West; running thence along the line between lands formerly of Mrs, Willett and Mrs. O. C. Wells, South 89056' East 19.85 chains to a 6" x 6" post marked "W.5"; thence leaving the line between said lands and running North 6025' East 11.45 chains and North 7025' East 3.36 chains to a stake marked "W,S." standing in the line between Lots 5 and 6, as shown on the Map of partition in the Suit of E. Willett, Plaintiff vs. Lottie Willett, et aI, Defendant, in the Superior court of Santa Clara County; thence along the line between said Lots, West 4.50 chains to the Southwest comer of said Lot 5 and North 3 1/40 East 4.18 chains to the Northwest comer of said Lot 5 in the South line of Lot 4 of said partition; thence along the line between said Lots 4 and 6 of said partition, West 4.97 chains to a stake E,A. 2 standing at the Southwest corner of said Lot 4 in the center of the Los Gatos Creek and in the line between lands formerly ofMrs, M,A. Kennedy and Mrs, E, Willett; thence along the line between said lands, South 37017' West 20.38 chains and South 2.60 chains to the point of beginning, and being a part of Lot 6 as set off to Mrs. Elizabeth Willett in the above mentioned partition and a part of the Southeast 1/4 of the Northwest 1/4 of a part of the Southwest 1/4 of the Northeast 1/4 of Section 35, Township 7 South, Range 1 West, M.D.B. EXCEPTING THEREFROM that certain parcel ofland described in the Deed from Frank B, Billings, et ux, to Frederic G. Wilson, dated September 5, 1903, recorded September 11, 1903 in Book 268 of Deeds, at page 157, as follows: BEGINNING at the Southwest comer of Lot 5 of the Willett Partition as set off by order of the Superior Court in the partition suit ofE. Willett vs, Lottie Willett, et ai, and running thence West about 478 feet to the Westerly boundary of Lot 6 of said partition; thence Northeasterly about 300 feet to the Northwest corner of said Lot 6; thence East 4.97 chains to the Northwest corner of said Lot 5; thence Southerly along the Westerly boundary of said Lot 5, 4,18 chains to the point of beginning, and being the Northerly "L" of the aforesaid Lot 6, which was conveyed by B.T. Campen to Frank B, Billings by Deed dated December 5, 1888 and recorded in Book 112 of Deeds, at page 436, ALSO EXCEPTING THEREFROM all that portion thereoflying Northwesterly ofthe Southeasterly line of Parcel One, as granted in the Deed from Ellen Scorsur, a widow, as my separate property, to State of California, for freeway purposes, dated May 25,1956 and recorded June 29,1956 in Book 3537 of Official Records, page 478, Page No. 11 File No, 00133735-007-A WM PARCEL SIX: All the North 10 acres of the East 1/2 ofthe Southwest 1/4 of Section 35 in Township 7 South, Range 1 West, bounded as follows: BEGINNING in the center of said Section 35 and running West on the 1/4 line thereof (the same being the South line ofland of Frank B, Billings) 80 rods; thence at right angles, South 20 rods; thence at right angles, East 80 rods to the quarter line of said Section 35; thence North along said one quarter line, 20 rods to the point of beginning. EXCEPTING THEREFROM all that portion thereoflying Northwesterly of the Southeasterly line of Parcel One, as granted in the Deed from Ellen Scorsur, a widow, as my separate property, to State of California, for freeway purposes, dated May 25, 1956 and recorded June 29, 1956 in Book 3537 of Official Records, page 478. ALSO EXCEPTING THEREFROM that portion described in the Deed from Winchester Drive-In Theatre, Inc., to Santa Clara County Flood Control and Water District, State of California, recorded April 10, 1970 in Book 8885, page 541, more particularly described as follows: BEGINNING at the Southeasterly comer of said lands, said point being also the Northeasterly comer of that certain parcel ofland conveyed to the Santa Clara Valley Water Conservation District, by H. T. Petersen, et ux, in Deed recorded in Book 4128 of Official Records, at page 429, in the office of the Recorder, County of Santa Clara, State of California; thence along the Northerly line of said District, as described in said Deed, North 89025' West 20.00 feet to the true point of beginning; thence continuing along said Northerly line, North 89025' West 121.00 feet; thence leaving said line, North 62021'09" East 92.71 feet; thence along a curve to the right, from a tangent which bears South 82010'04" East with a radius of 45.00 feet, through a central angle of 81 045'04" for an arc distance of 64.21 feet to the true point of beginni~g. EXCEPTING THEREFROM Parcels Five and Six herein described, all that portion of land described as follows: Real property situate in the City of Campbell, County of Santa Clara, State of California, being part of the North 10 acres of the East 1/2 of the Southwest 1/4 and part of the Southeast 1/4 of the Northwest 1/4 of Section 35, Township 1 South Range 1 West, M.D.M, described as follows: Beginning at the most Westerly comer of that portion described in the Deed from Winchester Drive-In Theatre, Inc. to Santa Clara County Flood Control and Water District recorded April 10, 1970 in Book 8885 of Official Records at page 541, Santa Clara County Records: Thence from said Point of Beginning, along the South line of said North 10 acres, North 890 50' 00" West, 688.81 feet to the Southeasterly line ofCristich Lane (a 60 foot wide private street); Page No. 12 File No, 00133735-007-A WM Thence, leaving said South line, North 500 33' 30" East, 429.50 feet; Thence along a tangent curve to the right having a radius of 272.50 feet, through a central angle of 1180 01' 30", for an arc length of 561.33 feet; Thence South 110 24' 59" East, 82.59 feet to the Northerly line of said portion described in said Deed from Winchester Drive-In Theatre, Inc.; Thence along said Northerly line, from a tangent bearing of North 580 34' 43" West, along a curve to the left having a radius of 45.00 feet, through a central angle of240 00' 21 ", for an arc length of 18.85 feet; Thence continuing along said Northerly line, South 610 56' 09" West, 92.71 feet to the Point of Beginning. PARCEL SEVEN: RIGHT OF WAY for roadway 20 feet wide, running South along the 1/4 line of said Section 35 from the Southeast comer of Parcel Two above described to a roadway owned by the party of the first part hereinafter described and extending Easterly to the San Jose and Los Gatos Road, together with the right of way for ingress and egress over said private roadway to the said San Jose and Los Gatos road, as granted in the Deed from George A. Whipple, et ux, party ofthe first part to Frank B. Billings, dated September 15, 1908, recorded September 23, 1908 in Book 337 of Deeds, at page 138. PARCEL EIGHT: An easement for the purpose of ingress and egress, said easement being more particularly described as follows: Being a portion ofthe lands of Santa Clara County Flood Control and Water District, as described in Deed recorded in Book 4120 of Official Records, at page 683, et seq., in the office of the Recorder, County of Santa Clara, State of California, to wit: Page No, 13 File No. 00133735-007-A WM BEGINNING at the most Southerly comer of said lands as described in said Deed; thence along the Westerly line thereof, North 00025' West 269.63 feet; thence leaving said line along a curve to the right from a tangent which bears South 44010'42" East, with a radius of90,OO feet through a central angle of 43045'42", for an arc distance of 68.74 feet; thence South 00025' East 191.35 feet to a point on the S01,ltheasterly line of said lands as described in said Deed; thence along said line, South 56055' West 29.70 feet to the point of beginning, ARB No: 413-11-009,091; 413-49-016, 030. 032 APN No: 412-29-007; 412-30-035; 412-30-042; 412-30-043 0"'0"l .C\J .. ~ EJ . 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" ,-u >I, z :> " " oJ " " .. ~ ~I ,"i Ii' , 'eel' .,to~ f- , 0\ ,...... ...\.-.... ., @ '. .. ft ~I ~I z :> ;) J II "li" 'II"., N \~~, ~hi .\:~\O fO.. rtl I,h r- \tt\ t:;1 i<)\ ;) ~ ) . . ) i '.. ',. ~I ":: -------- \ ' @-- pJTwu f:,cJ f3/e:,tfr EXHIBIT" A" LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS Note: This Exhibit reflects the matters which are excluded and excepted from coverage in the 1990 CL T A Standard Coverage Policy and the 1992 AL T A Extended Coverage Loan Policy with AL T A endorsement - Form I Coverage. If the issuance of any other type of policy is anticipated, the escrow officer should be contacted to determine the applicable exclusions and exceptions. 1992 AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE LOAN POLICY WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws. ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land had been recorded in the public records at Date of policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior to Date of policy which would be binding on the rights of a purchaser for value without knowledge. 3. (a) (b) (c) (d) Defects, liens, encumbrances, adverse claims or other matters: created, suffered, assumed or agreed to by the insured claimant; not known to the Company, not recorded in the public records at date of policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; resulting in no loss or damage to the insured claimant; attaching or created subsequent to date of policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory liens for services, labor or materials, or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from the improvement or work related to the land which is contracted for and commenced subsequent to date of policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at date of policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws that is based on (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) subordination of the interest of the insured mortgagee as the result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer accept where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor. EXHIBIT "A" - continued CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE J. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or. hereafter erected on the land; (ii) a separation in ownership or a change in the dimensions or area of the lan.d or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land had been recorded in the public records at date of policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior to date of policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at date of policy, but created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company, not recorded in the public records at date of policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy.; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate of interest insured by this policy. 4. Unenforceability of the lien of the mortgage because of the inability or failure of the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation offederal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. 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CAtl1 ~.~:.o~(" - (" U _'. r" ~ " ,. ~ 1-~ . v~ . O~CH" \I.'" CITY OF CAMPBELL Public Works Department April 22, 2002 Ken Neumeister Huettig & Schromm, Inc. 900 Welch Road, Suite 10 Palo Alto, CA 94304 SUBJECT: PERMIT NO. 98-219 LOCATION: 535 Westchester Ave. Dear ~. Neumeister: We have now calculated the actual costs of the plan check and inspection fees for the above-referenced permit. A spreadsheet is attached showing details of the actual expenses totaling $86.309.99. Heuttig & Schramm had deposited funds on 3/2199 in the amount of $79,120.00 to pay for these expenses so there is a resulting shortfall of $7,189.99. A check in the amount of $10,800, plus any interest due, will be sent directly to you from our Finance Department for a refund of your plan check deposit. A second check, made payable to WTA Campbell Technology Park LLC. in the amount of $2,801.01, will be sent from Finance representing your construction cash deposit of $10,000 less $7,189.99. Please contact me if you have any questions. SinCerelY/)? ~. Alan HO~ Senior Public Works Inspector Enclosure cc: Michelle Quinney P-t. Permit #98-219 h:\word\permits\98219refUd) . r,~nhpll California 95008.\4'23 ' TEL 408.866,'2150 ' FAX 408.376.0958 . TOO 408.866.'2790 ACTUAL PLAN CHECK AND INSPECTION CHARGES - PERMIT 98-219 CAMPBELL TECHNOLOGY PARK INVOICE/OR INVOICE/OR OT ST AFF/ PPE HOURLY HOURLY REGULAR OVERTIME INVOICES DATE NAME DATE RATE RATE HOURS HOURS INCL 20% OH RECEIVED Gomez, Cruz S. 09/06/98 44.34 62.92 44.00 2,341.15 09/09/98 Housley, I. Harold 09/06/98 49.56 70.20 2.50 148.68 09/09/98 Jue, Matthew J. 09/06/98 40.56 57.47 7.00 340.70 09/09/98 Gomez, Cruz S. 09/20/98 44.34 62.92 38.00 2,021.90 09/22/98 Housley, I. Harold 09/20/98 49.56 70.20 1.00 59.47 09/22/98 Jue, Matthew J. 09/20/98 40.56 57.47 9.00 438.05 09/22/98 Gomez, Cruz S. 1 0104/98 44.34 62.92 54.50 2,899.84 10/07/98 Housley, I. Harold 1 0/04/98 49.56 70.20 15.80 939.66 1 0/07/98 Gomez, Cruz S. 10/18/98 44.34 62.92 44.50 2,367.76 10/21/98 Housley, I. Harold 10/18/98 49.56 70.20 7.50 446.04 10/21/98 Gomez, Cruz S. 11/01/98 44.34 62.92 12.00 638.50 11 /04/98 Housley, I. Harold 11/01/98 49.56 70.20 6.00 356.83 11 /04/98 Gomez, Cruz S. 11/15/98 44.34 62.92 11.50 611.89 11/18/98 Housley, I. Harold 11/15/98 49.56 70.20 1.50 89.21 11/18/98 Housley, I. Harold 11 /29/98 49.56 70.20 8.00 475.78 12/02/98 Gomez, Cruz S. 12/13/98 44.34 62.92 42.00 2,234.74 12/16/98 Housley, I. Harold 12/13/98 49.56 70.20 7.00 416.30 12/16/98 Gomez, Cruz S. 12/27/98 44.34 62.92 12.50 665.10 12/31/98 Housley, I. Harold 12/27/98 49.56 70.20 3.00 178.42 12/31/98 Gomez, Cruz S. 01/10/99 44.34 62.92 2.50 133.02 01/14/99 Housley, I. Harold 01/10/99 49.56 70.20 4.00 237.89 01/14/99 Jue, Matthew J. 01/10/99 40.56 57.47 6.00 292.03 01/14/99 Gomez, Cruz S. 01/24/99 44.34 62.92 3.50 186.23 01/27/99 Housley, I. Harold 01/24/99 49.56 70.20 1.00 59.47 01/27/99 Gomez, Cruz S. 02/07/99 44.34 62.92 5.50 292.64 02/09/99 Housley, I. Harold 02/07/99 49.56 70.20 2.00 118.94 02/09/99 Gomez, Cruz S. 02/07/99 44.34 62.92 4.00 212.83 02/21/99 Housley, I. Harold 02/21/99 49.56 70.20 1.00 59.47 02/24/99 Gomez, Cruz S. 03/07/99 44.34 62.92 3.00 159.62 03/07/99 Housley, I. Harold 03/07/99 49.56 70.20 1.00 59.47 03/09/99 Gomez, Cruz S. 03/21/99 44.34 62.92 0.50 26.60 03/09/99 Gomez, Cruz S. 04/04/99 44.34 62.92 13.00 691.70 04/07/99 Housley, I. Harold 04/04/99 49.56 70.20 4.00 237.89 04/04/99 Gomez, Cruz S. 03/07/99 44.34 62.92 16.00 851.33 Gomez, Cruz S. 04/11/99 44.34 62.92 16.50 877.93 04/21/99 Gomez, Cruz S. 04/1 8/99 44.34 62.92 9.00 478.87 04/21/99 Gomez, Cruz S. 04/25/99 44.34 62.92 3.50 186.23 05/05/99 Gomez, Cruz S. 05/09/99 44.34 62.92 1.00 53.21 05/19/00 Gomez, Cruz S. 05/16/99 44.34 62.92 6.00 319.25 05/19/99 Housley, I. Harold 05/16/99 49.56 70.20 3.00 178.42 05/19/99 Gomez, Cruz S. OS/23/99 44.34 62.92 1.50 79.81 06/02/99 Gomez, Cruz S. OS/23/99 44.34 62.92 3.50 186.23 06/02/99 Housley, I. Harold OS/23/99 49.56 70.20 7.50 446.04 05/19/99 Gomez, Cruz S. 06/06/99 44.34 62.92 6.50 345.85 06/15/99 Gomez, Cruz S. 05/13/99 44.34 62.92 3.50 186.23 06/15/99 Gomez, Cruz S. 06/20/99 44.34 62.92 10.00 532.08 07/02/99 ACTUAL PLAN CHECK AND INSPECTION CHARGES. PERMIT 98-219 CAMPBELL TECHNOLOGY PARK INVOICE/OR INVOICE/OR OT STAFF/ PPE HOURL Y HOURL Y REGULAR OVERTIME INVOICES DATE NAME DATE RATE RATE HOURS HOURS INCL 20% OH RECEIVED Gomez, Cruz S. 06/27/99 44.34 62.92 0.50 26.60 07/02199 Gomez, Cruz S. 07/04/99 46.18 65.50 17.50 969.78 07/13/99 Gomez, Cruz S. 07/11/99 46.18 65.50 8.00 443.33 07/13/99 Westfall, Randy 07/04/99 42.80 60.65 3.00 154.08 07/13/99 Westfall, Randy 07/11/99 42.80 60.65 1.00 51.36 07/13/99 Gomez, Cruz S. 07/18/99 46.18 65.50 7.50 415.62 07/27/99 Gomez, Cruz S, 07/25/99 46.18 65.50 2.00 110.83 07/27/99 Gomez, Cruz S. 08/01/99 46.18 65.50 4.50 249.37 08/1 0/99 Gomez, Cruz S. 08/08/99 46.18 65.50 0.50 27.71 08/10/99 Gomez, Cruz S. 08/15/99 46.18 65.50 9.00 498.74 08/25/99 Gomez, Cruz S. 08/22/99 46.18 65.50 4.50 249.37 08/25/99 Gomez, Cruz S. 08/29/09 46.18 65.50 5.50 304.79 09/08/99 Gomez, Cruz S. 09/05/99 46.18 65.50 14.00 775.82 09/08/99 Westfall, Randy 08/29/99 42.80 60.65 4.00 205.44 09/08/99 Westfall, Randy 09/05/99 42.80 60.65 1.00 51.36 09/08/99 Gomez, Cruz S. 09/12/99 46.18 65.50 5.00 277.08 09/21/99 Gomez, Cruz S. 09/1 9/99 46.18 65.50 5.00 277.08 09/21/99 San Jose Blue 08/12/99 24.27 29.12 09/14/99 Gomez, Cruz S. 09/26/99 46.18 65.50 3.50 193.96 1 0/06/99 Gomez, Cruz S. 1 0/03/99 46.18 65.50 10.50 581.87 1 0/06/99 Gomez, Cruz S. 10/24/99 46.18 65.50 8.00 443.33 11/03/99 Gomez, Cruz S. 10/31/99 46.18 65.50 8.00 443.33 11/03/99 Horn, Alan 10/31/99 42.80 60.64 10.00 4.50 841.06 11 /03/99 Westfall, Randy 1 0/24/99 42.80 60.65 28.00 3.00 1,656.42 11 /03/99 Westfall, Randy 10/31/99 42.80 60.65 24.00 3.50 1,487.37 11 /03/99 San Jose Blue 1 0/19/99 52.72 63.26 11 /09/99 Photo Depot 10/01/99 4.83 5.80 11/26/99 Photo Depot 1 0/05/99 5.39 6.47 11 /26/99 Gomez, Cruz S. 11/07/99 46.18 65.50 4.50 249.37 11/16/99 Gomez, Cruz S. 11/14/99 46.18 65,50 0.50 27.71 11/16/99 Westfall, Randy 11/07/99 42.80 60.65 30.00 11.00 2,341.38 11, '6/99 Westfall, Randy 11/14/99 42.80 60.65 38.00 17.50 3,225.33 11/16/99 Westfall, Randy 11/21/99 42.80 60.65 39.50 3.50 2,283.45 12/02/99 Westfall, Randy 11 /28/99 42.80 60.65 20.00 2.00 1 ,172.76 1 2102/99 Horn, Alan 12/12/99 42.80 60.64 5.00 256.80 12/16/99 Westfall, Randy 12/05/99 42.80 60.65 8.00 410.88 12/14/99 Westfall, Randy 11 /28/99 42.80 60.65 6.00 308.16 12/14/99 APC International 1 2/08/99 259.00 310.80 12/13/99 Photo Depot 11 /23/99 5.10 6.12 11 /26/99 Gomez, Cruz S. 12/26/99 46.18 65.50 1.00 55.42 12/28/99 Horn, Alan 12/19/02 42.80 60.64 2,00 1 02.72 12/28/99 Horn, Alan 1 2/26/99 42.80 60.64 5.00 256.80 12/28/99 Westfall, Randy 12/19/99 42.80 60.65 18.00 0.50 960.87 12/28/99 Gomez, Cruz S. 01/09/00 46.18 65.50 1.00 55.42 01/12/00 Westfall, Randy 01/02/00 42.80 60.65 24.00 1 ,232.64 01/12/00 Westfall, Randy 01 /09/00 42.80 60.65 10.00 513.60 01/12/00 ACTUAL PLAN CHECK AND INSPECTION CHARGES. PERMIT 98-219 CAMPBELL TECHNOLOGY PARK INVOICE/OR INVOICE/OR OT ST AFF/ PPE HOURL Y HOURLY REGULAR OVERTIME INVOICES DATE NAME DATE RATE RATE HOURS HOURS INCL 20% OH RECEIVED Gomez, Cruz S. 01/30/00 46.18 65.50 6.50 360.20 02/09/00 Gomez, Cruz S. 02/06/00 46.18 65.50 4.50 249.37 02/09/00 Gomez, Cruz S. 02/1 3/00 46.18 65.50 5.00 277.08 02/23/00 Gomez, Cruz S. 02/20/00 46.18 65.50 6.50 360.20 02/23/00 Westfall, Randy 02/13/00 42.80 60.65 22.00 1 ,129.92 02/23/00 Westfall, Randy 02/20/00 42.80 60.65 14.00 719.04 02/23/00 Gomez, Cruz S. 02/27/00 46.18 65.50 20.00 1,108.32 03/08/00 Gomez, Cruz S. 03/05/00 46.18 65.50 10.50 581.87 03/08/00 Westfall, Randy 02/27/00 42.80 60.65 14.00 719.04 03/08/00 Westfall, Randy 03/05/00 42.80 60.65 25.00 1 ,284.00 03/08/00 Gomez, Cruz S. 03/12/00 46.18 65.50 3.50 193.96 03/22/00 Gomez, Cruz S. 03/1 9/00 46.18 65.50 3.50 193.96 03/22/00 Westfall, Randy 03/12/00 42.80 60.65 12.00 616.32 03/22/00 Westfall, Randy 03/19/00 42.80 60.65 24.00 2.00 1 ,378.20 03/22/00 Gomez, Cruz S. 03/26/00 46.18 65.50 2.50 138.54 04/05/00 Gomez, Cruz S. 04/02/00 46.18 65.50 2.00 110.83 04/05/00 Jue, Matthew J. 03/26/00 44.17 62.65 2.00 106.01 04/05/00 Jue, Matthew J. 04/02/00 44.17 62.65 0.50 26.50 04/05/00 Westfall, Randy 03/26/00 42.80 60.65 29.00 13.50 2,471.97 04/05/00 Westfall, Randy 04/02/00 42.80 60.65 31.00 1.00 1 ,664.94 04/05/00 Gomez, Cruz S. 04/09/00 46.18 65.50 10.00 554.16 04/19/00 Gomez, Cruz S. 04/16/00 46.18 65.50 5.00 277.08 04/19/00 Westfall, Randy 04/09/00 42.80 60.65 30.00 3.00 1,759.14 04/19/00 Westfall, Randy 04/16/00 42.80 60.65 16.00 1.50 930.93 04/19/00 Gomez, Cruz S. 04/23/00 46.18 65.50 5.00 277.08 05/03/00 Gomez, Cruz S. 04/30/00 46.18 65.50 0.50 27.71 05/03/00 Gomez, Cruz S. 05/14/00 46.18 65.50 2.00 110.83 05/17/00 Westfall, Randy 05/07/00 42.80 60.65 15.00 2.50 952.35 05/17/00 Westfall, Randy 05/14/00 42.80 60.65 4.00 205.44 05/17/00 Photo Depot 04/08/00 5.39 6.47 OS/22/00 Photo Depot 04/26/00 5.54 6.65 OS/22/00 Westfall, Randy OS/21/00 42.80 60.65 7.00 1.50 468.69 05/31 /00 Westfall, Randy OS/28/00 42.80 60.65 6.00 1.00 380.94 05/31/00 Westfall, Randy 06/04/00 42.80 60.65 6.00 1.00 380.94 06/14/00 Westfall, Randy 06/11/00 42.80 60.65 8.00 2.00 556.44 06/14/00 Gomez, Cruz S. 06/04/00 46.18 65.50 2.50 138.54 06/14/00 Gomez, Cruz S. 06/11/00 46.18 65.50 2.50 138.54 06/14/00 Gomez, Cruz S. 06/25/00 46.18 65.50 0.50 27.71 08/25/00 Westfall, Randy 06/11/00 42.80 60.65 6.00 308.16 08/25/00 Westfall, Randy 06/25/00 42.80 60.65 2.00 102.72 08/25/00 Gomez, Cruz S. 08/13/00 48.64 68.93 2.50 145.92 08/23/00 APC International 09/20/99 3,208.00 09/21/99 Photo Depot 03/22/00 8.12 04/18/00 Photo Depot 04/26/00 5.54 05/19/00 Photo Depot 04/08/00 5.39 05/19/00 Photo Depot 06/09/00 8.12 07/12/00 ACTUAL PLAN CHECK AND INSPECTION CHARGES - PERMIT 98-219 CAMPBELL TECHNOLOGY PARK INVOICE/OR INVOICE/OR OT STAFF/ PPE HOURLY. , HOURLY REGULAR OVERTIME INVOICES DATE NAME DATE RATE RATE HOURS HOURS INCL 20% OH RECEIVED City of San Jose 11/30/99 1,210.00 03/21/00 Photo Depot 06/05/00 19.38 07/12/00 APC International 07/15/99 956.50 08/24/99 APC International 08/13/99 2,949.00 08/24/99 APC International 10/01/99 5,589.00 1 0/05/99 Gornez, Cruz S. 09/17/00 47.34 69.25 1.00 56.81 Westfall, Randy 1 0/15/00 46.69 68.27 5.00 280.14 Gomez, Cruz S. 1 0/1 5/00 47.34 69.25 1.00 56.81 Gomez, Cruz S. 12/1 0/00 47.34 69.25 1.50 85.21 Horn, Alan 03/18/01 46.69 68.27 8.00 655.39 TOTAL 1,239.80 82.50 86,309.99 J:\PERMITS\98219ACTUALFEES 03/27/2002 Refundable Deposit Check Request To: Finance Director , . Check Payable To: WTA CampbeJl Technology Park LLC Address - Line 1: 900 Welch Road, Suite 10 Line 2: G!ty: Palo Alto State: CA Zip: 94304 ..' Description: . ..' Refund Deposit Account Number: 101.2203 Amount: $2,810.01 Account Number: Amount: Account Number: 101.540.7448 Amount: (Finance Dept only) Interest Earned (Finance Dept only) Total Payable: $2,810.01 (Exact Amount) Purpose: Refund of Construction Cash Deposit ($10,000 less $7,189.99 cost overage). Voucher #: Permit #: 98-219 Receipt #: '~ Date: 03102/1999 Requested by: a.. /. Title: Sr. PW Inspector Date: 04/2512002 a Title: City Engineer Date: 04/25/2002 Approved by: cheJle uinney Finance Dept Only: Verified by: Title: Accounting Clerk II Date: Approved by: Title: Accountant Date: . ~ecial Instructions For Handling Check Mail As Is: XX Mail in Attached Envelope: Interim Check: - Needed By: Return To: (Name) (Department) Other: FINANCE - Portion of this deposit, in the amount of $7,189.99, that we are not refunding to Huettia & Schromm should be transferred to a fee account (101 W4722l. " These funds are to cover In overage of permit costs that exceeded the original deposit. I/n: FormslexceVchkreq - Revised 05100 Refundable Deposit Check Request To: Finance Director Check Payable To: Huettig & Schromm, Inc. Address - Line 1 : 900 Welch Road, Suite 10 Line 2: Pity: Palo Alto State: CA Zip: 94304 .. Descri'ption:' . . Refund Deposit Account Number: 101.2203 Amount: $10,800.00 Account Number: Amount: Account Number: 101.540.7448 Amount: (Finance Dept only) Interest Earned (Finance Dept only) Total Payable: $10,800.00 (Exact Amount) Purpose: Refund Plan Check Deposit Voucher #: Permit #: 98-219 Receipt #: 1~ Date: 08125/1998 Requested by: ~ Title: Sr. PW Inspector Date: 04/2512002 :B Title: City Engineer Date: 04/25/2002 Approved by: Michelle U1nney Finance Dept Only: Verified by: Title: Accounting Clerk II Date: Approved by: Title: Accountant Date: . ~ecial Instructions For Handling Check Mail As Is: XX Mail in Attached Envelope: Interim Check: - Needed By: Return To: (Name) (Department) Other: fin: FonnslexceVchkreq - Revised 05/00 Bond Number: U2468119 Premium; include 'n performance bond BOND FOR FAITt.1l<lJL PERFORMANCE OF MAINTbl~ANCE PERIOD t"'~1 I, r,J' i "/ .-"'~ ~.....", We, the undersigned Huet tig & Schramm, Inc. (hereinafter "Principal") and United Pacific Insurance Company , a corporation organized under the laws of the State of Pennsylvania . and authorized to transact business in the State of California, as Surety, are obligated to the City of Campbell (hereinafter .City"), a municipal corporation under the laws of the State of California, in the sum of Two Hundred Forty-Seven Thollsand Two Hl1norpo Fi fry ;:mo no/lOO-------- Dollars ($ 247.2 ')0.00---------------- ) for the payment of which sum we obligate ourselves and our successors and assigns. jointly and severally by the following provisions: The condition of this obligation is that the Principal entered. or is about to enter, into a certain written Contract with the City dated .20 and entitled TS 97-01, PD '98-06, 535 Westchester Drive, 571 McGlincey Lane, Encroachment Permit No. 98-219 a one year maintenance period of the work described in said Contract, a true and correct copy of which is presently on file in the office of the City Clerk of the City of Campbell, which said agreement is hereby referred to and made a part hereof. And. the City requires a guarantee from the Principal against defective materials and workmanship in connection with that maintenance. Now, therefore, the Principal agrees that it shall make all repairs or replacements necessary during the period of one-year from the date of acceptance of the contract work, by reason of defective materials or workmanship in connection with the Contract. If those defective materials or workmanship occur within that period, the City shall give the Principal and Surety wrinen notice of that defect within 60 days after discovery. When each replacement is made to the satisfaction of the City, the obligation of the Principal and Surety shall be discharged as to that replacement, otherwise to remain in full force and effect, with surety obligated to secure full and faithful performance of all of Principal's obligations under the above-referenced contract. Any repairs or replacements made under this bond shall in like manner be subject to the terms and conditions of it. No prepayment or delay in payment and no changes, extensions, addition or alteration of any provision of said Contract or in any plans and specifications referred to herein, and no forbearance on the part of the City shall operate to release the Surety from liability on this bond, and consent to make such alterations without further notice to or consent by the Surety is hereby given, and th" Surerj hereby 'w'aives the provisions of Section 2819 of the Civil Code of the State of California. In witness, the parties have executed this agreement as of February 22, . 20~. ~~Chrorom, Title f>Q eo-=- . (Sure / / Inc. By ./ ltOsemarie Address of Surety (Attach Acknowledgements) (Both Principal's and Surety's Attorney in Fact) U: \forms\fpmbond) (rev 8/(0) Surety's Bond Number U2468119 (Accompany this bond with Attomey-in-fact',~ authority from Surety to execute the bond certified to include the date of the bond.) CALIFORNIA ALL-PURPO,- . ACKNOWLEDGMENT State of l.oJ;, -fv(' ~ County of GA,(\1t\ C)a/(U.- On { 2& UXJ( before me, jv\A,MLL l"., 1>vC~~h ate . ~ . Name and Title of Officer (e g , "Jane Doe, Notary P~ personally appeared V III Name(s) f Signer(s) ~ersonallY known to me - OR - C proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. r.' ., _.' MICHELLE' L. DILLABOUGH ~ _ Comm. , 1179955 Ui \~,;~. NOT ARY PUBLIC. CALIfORNIA ~ t"'" Santa Clara County ... , , My t,o~nl Expires May 4,2002 ~ " ~ WITNESS my hand and official seal. lli61H~,~;,"~ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document: &nd W mi:\n-h L1?!.L-h:;(rY\JlX}(( of ~L.t. f:ortl - Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ~~ J, VJ'rtJe Signer's Name: == )ri'dividual ~ Corporate Officer 1) , rJ I u1 J.. Title(s): Lf1~SI~ = Partner - = Limited [] General r Attorney-in-Fact Trustee Guardian or Conservator , Other: Top of thumb here L Individual c: Corporate Officer Title(s): c: Partner - = Limited [J General ,- Attorney-in-Fact , Trustee ',-, Guardian or Conservator , Other: Top of thumb here Signer Is Representing: Signer Is Representing: Ii:> 1994 National Notary Association' 8236 Remmet Ave" P.O, Box 7184' Canoga Park, CA 91309.7184 Prod, No, 5907 Reorder: Call TolI.Free 1-800.876-6827 CALI;:OANIA ALL.PUAPOSI .CKNOWLEDGMENT No. 5907 I State of County of California San Francisco On Fe.hruary 22. 2001 DATE before me, Ann Anthony, Notary Public NAME. TITLE OF OFFICER. E,G" 'JANE DOE. NOTARY PUBLIC' personally appeared Rosemarie Guanill NAME(S) OF SIGNER(S) ~ personally known to me . OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ,\,,'~ _,.: ;:..\;'c~.,'<:;-ic;:;20~~..~' ( \ '((i/ \\', C,;mm. '2.C;.es ,~or. to,:eG'..' L_'~'"'<""~~~~..r-', WITNESS my hqnd and official seal. . r " ,. / ~--,.t{,l// ~ \..' SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) o PARTNER(S) o LIMITED o GENERAL NUMBER OF PAGES XX! ATIORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERV A TOR o OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IESl United Pacific Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE @1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave" P,O, Box 7184. Canoga Park, CA 91309-7184 - ! I RELIANCE SURETY COMPANY I UNITED PACIFIC INSURANCE COMPANY I ! .: 1::1 ~'le.t :::1:11 ::111: I ~"I' (eI" II r 1:1 ~..: ,. "-"".'ell] .']:I::a I': ,.~.. ~{~ :IllIl ~ II..] ~ ll'l'J: 1..:1 :/.,:.1 ~: ~ELIANCE INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF A TIORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation dUly organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Stanley D. Loar, Charles R. Shoemaker, Nancy L Hamilton, Rosemarie Guanill, Roger C. Dickinson, of San Francisco, California their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VlI- EXECUTION OF BONOS AND UNDERTAKINGS J. The Board of DireclDrs, !be PresidelIl, !he ChairmaIl of !he Boord, any Seai<< VIce PresideDl. any v.... PresMIeDl or Aslislalll Vice Presideol or other officer desipaled by the 800rcI of DirectDn sbal11a... power aDd aulbority to (I) appoiDl Anomey(l)-io-FacI aDd to autboriJc Ibem to execute on bebalf of !be Company. bonds aDd UIllIortaUnp, """'InizanceI. CODlnCII of illllcmnIty aDd other writinp obliplnry ia !he IIIIIR thereof, aDd (h) to rerDCM any such Attomey(s)-in-FICt at any time aDd revoke !be power and aulbority liVeD to them. 2. AlIIlI'DOy(s)-io-Fact sball ha... power aDd autbority. subject to !be tenDI aDd limiwions of !be Power of AtDDey issued to lhem. to execulC aDd deliver on behalf of !he Company, bonds aDd undcrlakinp, recogtUzancel. contraclS of indemnity aDd other writinp obIiptory in Ihe nature tbcreof. The corporaIC seal is not no:cessary for tbo YlIiidity of any bonds aDd IIIIIIenaIdnp m:ognizallces, conlnCll of indemnky and otber writinp obIigalDl')' in !he nature thereof. 3. Anomey(s)-in-Fact sball have power aDd alllbority to eucuIC affldaviu required to be a11aI:bed to bonds. _izancel. collll'aCtl of indemnIty or other conditional or obliplDl')' UD<IertaItinp aDd they sball also have power and aulbority to cenify the financial sCllClDeDt of the Company aDd to copies of !he By-Laws of the Compaay or any article or section tbereof. This Power of AttDrDey is sipod aDd seaJed by facsimile UDder aDd by audlOrity of !he following resolution adopICd by !he Executive aDd Finance CommitlCel of !be llouds of Dim:tors of Reliance Inswancc Company. Unircd Pacific Insurance Company aDd Reliance NarionaIlndemnIty Company by Unanimous Consent dated u of Fobrualy 28. 1994 aDd by lbe Executive aDd Financial Commince of !he Boord of DiRculrs of Reliance Surety Compaay by Unanimous ConseDl dated u of Man:h 31. 1994. 'Resolved that the sicnanues of such diRculrs aDd off..... aDd !he seal of tbo Company may be affIXed to any such p.,..". of AtDDey or any ceniflCalCl Idaline tbercro by facsimile. aDd any sada Power of A~y or ceniflCalC bearing sucb facsimile sicnanues or facsimile seal sha1I be valid and bindine upon !he Compaay aDd any such Power so e:xecurcc\ and certifrcc\ by facsimile lipowres aDd facsimile seal sball be valid aDd binding upon tbo Company. in !be future wdb rapec:t to any bond or lIIIda1King to ......... it is aaacl1ed. . IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this October 28, 1999. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY 7/1' ~ t/, ~ STATE OF Washington } COUNTY OF King } SS. On this, October 28,1999, before me, Janet D. Blankley, personally appeared Mark W. Alsup, who acknowledged himselfto be the Vice President of the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. Neary Public Stete at Washington Janet O. Blankley tit~.I"" =-_12-2141 I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP- ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 22nddayof February year of 200~ ~,~ sistant Secretary I: 1:::1 :f'~~ :"'1"1: I io-'i II.I,,' II'! I ~ ~ I ~~.] ~ I t,' I ~ ~....., ~ .',:~ II = (iii '-l.','I.'1 ::t :11'1 '.':I:a: (t] ....., .'1~ y., ~ [t111 =II1.~'j I ~'1' 0le.,: E P Ji "\6-2-' 'l LLNLLl 53"5 J.t,-~ \.~ UlN..L ~ ~1-D' MEMORANDUM From: IMichelle Quinney, City Engineer cc. Marlene Pomeroy, Secretary Gretchen Conner, Finance Director Ja~mSley De~ty City Clerk To: Date: April 7, 1999 Subject: Approval of Final Map and Acceptance of Dedication of Right-of-Way Campbell Technology Business Park (former Winchester Drive In Site At the regular meeting of April 6, 1999, the City Council adopted Resolution No. 9514 accomplishing the following items: 1. Approving the Final Parcel Map, subject to the dedication of right-of-way from the Santa Clara Valley Water District for property located at 535 Westchester Drive and 571 McGlincey Lane (former Winchester Drive-In Site); approving the new street name "Campbell Technology Parkway"; and accepting the dedications offered thereon; 2. Authorizing the Public Works Director to execute a Street Improvement Agreement and a Landscaping and Fencing Maintenance Agreement with WT A, Campbell Technology Park, LLC, (WTA); 3. Authorizing the Public Works Director to execute a Professional Services Agreement for construction inspection services in an amount not to exceed $79,000.00; and 4. Approving a budget adjustment. Please find a certified copy of this Resolution attached for your records. As always, this office will require a fully executed original of the Agreements notated in Nos. 2 and 3 above. RESOLUTION NO. 9514 A RESOLUTION OF THE CITY COUNCn... OF THE CITY OF CAMPBELL APPROVING A FINAL PARCEL MAP FOR PROPERTY LOCATED AT 535 WESTCHESTER DRIVE AND 571 MCGLINCEY LANE, ACCEPTING THE DEDICATIONS OFFERED THEREON, APPROVING THE STREET NAME "CAMPBELL TECHNOLOGY P ARKW A Y", AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE THE STREET IMPROVEMENT AGREEMENT, THE LANDSCAPING AND FENCE MAINTENANCE AGREEMENT; AUTHORIZING THE PUBLIC WORKS DIRECTOR TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR CONSTRUCTION INSPECTION SERVICES IN AN AMOUNT NOT TO EXCEED $79,000; AND APPROVING A BUDGET ADJUSTMENT BE IT RESOLVED by the City Council of the City of Campbell, California, as follows: The City hereby: approves the Final Parcel Map for property located at 535 Westchester Drive and 571 McGlincey Lane; approves the name Campbell Technology Parkway for the newly created cul-de-sac; authorizes staff to submit the Final Parcel Map to an escrow account to be recorded pending the receipt of the signed right of way documents from the Santa Clara Valley Water District (SCVWD) and consents to recording of the Final Parcel Map following the recordation of the dedication of the rights of way as shown on the Final Parcel Map; accepts dedications offered on the Final Parcel Map for the purposes for which the same are offered; authorizes the Public Works Director to execute a Street Improvement Agreement and a Landscaping and Fencing Maintenance Agreement with WTA, Campbell Technology Park, LLC to install public improvements and maintain the fencing and landscaping for the future development on the parcels; authorizes the Public Works Director to negotiate and execute a professional services agreement for construction inspection services in an amount not to exceed $79,000 for the inspection of the public improvements; and approves the associated budget a~u~mem. - PASSED AND ADOPTED this 6th day of April, 1999, by the following roll call vote: AYES: Councilmembers: Watson, Dougherty, Dean, Kennedy, Furtado NOES: Councilmembers: None ABSENT: Councilmembers: None OR A~) _ ~ &itl"'-- Anne Bybee, City Clerk tm! 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'".0.0 ;b ,1;; ,"00 ~N~ '".,"' \ 1\ ~,.. - " .,. O' , --. . 0 r 0 ", '.. .J ~A Z C . ", '.' , l[p--c 0 . _ ""'8 .. c ~. 'I . '" L "~~ "'" ','. (_ MI, ,'0 '~~'w, ~,~.," \';)Z. '/ :" . :,^' \: ,,~~ '" - -,....I.:__-u_____ n'<'---r-_::L--U____________________j__ ~ N062020 (14'02 .; \ N",. ()1 C -~'W, """ - L - - - - - - - - - - _ _ _ _ --1- - -:.:- -:.:- -:.:- -:':-::,.c+- _ '"'" I <l I ~ u: ~,' G-: ' · · L - - - - - _ '" '.u r _ _ ,- _ _ _ ,- _ _ _ _ _ 'I' ,"" ., 0 -r-----.--- - - -! ~- - - - - --- - -- "',;.~'i-"'..Ii;--" ;,;,.;;.,,:;- ;~.; -- -_ _ -_C - -_ _ _ _ _ _ L_ -v, ~,i:\' ", i!:,: \ ' · , 'Oi.' ~, ,~ c · ,~". '.c ~ -""'r - - - - _ _ _ _ _ ---"'!>' _ ---!'C-C """'- "C'", _ '~. \,'" ~ ' - - "~7""., "",.", ! I'",c"., 'Z.,", ,y _ '" ~ " - 'Jm~ !.~~: V-J ~, ,;" Ds Dc oASi:O 0': PACOMAS I "'0 "" i' M~' ~ ''''!:i';\ 'l" ;, " '''I '. 1297 OR J 17 _~".. ,~"" '::!I~" ~ A " M~~ ~'F..'~, '''-.J !' " ,,~'""~, ;~! - ',' i:!.... ~f..~ Z Y'z :!z. C') ~-~> ~~.~ I ; '" n () ~g:s:. ~ n ~ %~o~ i a ~ ~~~~ ~ ~ ~ if,!",,~ ~ r ~ g~~> l;f " ~ ~S;~ i ~ ~~ ~~ ;;; ~ ~...~ ~9~~ ~~~~ ~_~i it::; 10.. 1=~!" i~ >~ ~ [ltIsnlllC s.s.r (JO$i OR 2.42) ~ ~ ~ ~ 'On ,.,... zz M;;i "'''' ii -- .. l;1 - .. II! ~ g ~ ~ .. " ,< '" .. I ~ t ;g e ... la I 0 ... L ~ cpp- ,..z ..0 ~iTl u;(I) > z o .. C '" ~IM ," e@@ .rTJ ~ ~I~ " c .. " in " ..".....~..~~5~ C') ~~~~cc~'o~>> :! Xl i2~~aJ~~..,. '5e~~ ~~c:itjt;~n~;oz;o~~~" ~~;~m~~s~~lioo~~ ~~~2~~~S..~"'~gg~~ o~!il~-~~..~~..."'....!;?'" "'t ~~"'~...~ !il",~~~g !il..~~ ",~~g~08i@~~ ~~~z ~z~> ~~~~oz c to'" "'~"'n-4l"'1. ,.,,,,~,.., ~"'ijt ~"'~gM~~~~ Ut!":',..i ....~ ~8~z~z~ ilNfong ~,., .~g....c:o-< ~:~% ~ ~~c8~e" "'~!!!iii ~ ~...~ c. ~ "Olg",..... ~:,., U'l~t..I lii"i!i~ ~.,~ ;8:::: ~;o z ~6~ I'l zi ~ 8>!il "el~g 0 ~,.._ .. oX! ::>.l. V1~~ :gi~ ...~ c :::2 ~~ -'8 .. I ~~~~~~o 1'.::1 I ;; ~ ~ I.E.., I mi. lis s- a!. g !If ., "I II t 0 I '., · '" III ., ~.. i= 1 ~ ..,; ~ ... 2 ~ " II! ~ o !: it S1 " ~ Is: ~~~n~i'CD ~~i~:g; ~ ~J~:<~i Vi "~i"'oz Mic:n_"O "'''s:ji!z '-" O~l'"'!omz ~i5~!I'2ij; CD ~z"'.~uI rTJ . ~~~:~> d~"'~~ "'~!ill;1...,z ~~;;;~ J> "'lJl ~no~U') !;~:~ ,.,M ~C l;1~~~1 ~~llif;li c~~~~ ~~C')V1~ ~ez~~~ - ~> ~9~p~ ~.Zt~ >z::>~ z,.,~ 0> ~- -0 )> ::D m r ~ )> -0 C%~ OF ~:wrr_T_ REQ'OES-r FOR B~~ ~~S"~S DEPAR'.rMENT/PROGRAM DIVISION DA!! DQtJ!S': BO. public Works Engineering 4/6/99 ~ ~'\"Ol\ - ~\ BtJDGB~ ~~-~ TO BE REDu~n: FtJND ACc:ooNT lICMBER mtSCRIPnOH IIICtnrr . \e\. ~GO~ ttL~~I\~f\~ ~~O$'''' t 7't ,I ~ ; 9a.CIC.,n '" ~\1)\). D\\ C\Z>'-\'\:, ~J 'LJ'\C\ ~ TO BE XNCREASED: FOND ACCOUNT NtJHSD r mtSC1lI1'!ICN DOUNT 101 730.7430 professional Services 79,000.00 JOI 71" . '17J, V E ,/, I ,J ~~lI-ul &, ritU 7'. oou. ~ - . a...on ~or aaqua.n:. (Be .pe~~C:) I Increase in appropriation required to hire professional services for construction inspection of public improvements associated with Encroachment permit 198-219 (Campbell Technology park). Funding of $79,120 has be~n deposited by WTA Campbell Technology Park, LLC and received by the City (receipt 10100-119046) for inspection services for this permit. These funds will be used to offset this increased appropriation. v- DEPAR'l'HENT BEAD San~a Gate Volley Wa~er DisUid 6 5750 ALMADEN EXPESSWAY, SAN JOSE, CA 95118 (408) 265-2600 PERMIT Facility: McGlincey Percolation System Date Issued: July 6, 1999 Penn it No.: 99935 Pennittee: Department of Public Works City of Campbell Attention: Mr. Robert Kass 70 North First Street Campbell, CA 95008 Telephone: (408) 866-2150 File: 18681 McGlincey Percolation System Nly McGlincey Lane Ely Highway 17 X-Fac: Kirk Distribution System Applicant: Mr. Kenneth Neumeister Huetting and Schromm, Inc. 900 Welch Road, Suite 10 Palo Alto, CA 94304-1801 Telephone: (650) 322-2121 Re: Campbell Technology Park 535 Westchester Drive Project 98-219 Purpose of Pennit 181 Encroachment 181 Construction o Temporary 1. Grading, paving, and installation of sidewalks, driveway curb cuts, curbs and gutters, and electroliers for a new road (Westchester Drive) crossing District easement and adjacent to District fee title property for McGlincey Percolation System. Continued on page 3 Construction Expiration Date: Julv 6. 2000 Encroachment Expiration Date: PERMITTEEMUSTNQTI~ANDiFURNj$HY$PHgt)~I4j;~fi~QBm"mg: District's Construction Unit, c/o Mr. Dean Arroyo, (408) 265-2607, extension 2801, at least 2 normal working days before starting any work under this permit. Failure to notify is cause for revocation of permit and removal of work. Exercise of this permit shall indicate acceptance of and agreement to comply with all provisions included herein. This permit is subject to the General Provisions listed on the reverse side hereof or as expressly modified in the additional Special Provisions listed below. Violation of any provision shall be cause for immediate revocation of permit. SPECIAL PROVISIONS 1. All backfill within District right of way shall be compacted to at least 90 percent relative compaction in accordance with California Test Method 216 or 231 or ASTM Test Designations D1556, 01557, or D2922 except as modified herein. 2. Obstructions to the existing waterway between October 15 and April 15 will not be allowed except by special permit from the District. Allow at least 15 days for the District to review and approve detailed plans and provisions for emergency flows. 3. Permittee shall use only nonpotable or reclaimed water for completion of activities under this permit, unless the District approves another source. Continued on page 3 RECEIVED Approval: cc: Mr. Bernard Strojny City Manager City of Campbell 70 North First Street Campbell, CA 95008 ~a~ Sue A. Tippets, P.E Supervising Engineer Redevelopment Agency Community Projects Review Unit (~~aKi~ Heinrichs ev opment Manager City of Campbell 70 North First Street Campbell, CA 95008 JUL 08 1999 FeE 60j (12/8195) McGlincey Percolation system 3 Permit No.: 99935 Purpose of Pennit-Continued 2. Construction of an 18-inch reinforced concrete pipe storm drain within Westchester Drive crossing under the District's 30-inch pipe. 3. Replacement of the District's 30-inch corrugated metal pipe with a 30-inch reinforced concrete pipe for Kirk Distribution System within the road right of way. 4. Installation of landscaping and an irrigation system within the road right of way adjacent to the District's McGlincey recharge ponds. 5. Installation of underground electrical facilities within the road right of way. 6. Installation of a 6-foot-high precast concrete and metal railing fence within the road right of way adjacent to the District's McGlincey recharge ponds. 7. Installation of two (2) 28-feet-wide double chain link gates, removable traffic bollards, and 11-foot-wide and 17-foot, 8-inch-wide gates at entrances to the District's facilities. 8. Replacement of an existing concrete pad with an 18-foot-wide, 9-inch-thick structural concrete pad for equipment crossing within District easement in the road right of way. 9. Removal of existing dry wells along the road alignment. 10. Installation of road improvements at McGlincey Lane and Curtner Avenue crossing over the District's 36-inch pipe, within a 54-inch corrugated metal pipe sleeve, for Kirk Distribution System. SPECIAL PROVISIONS-Continued 4. Installation of the 30-inch reinforced concrete pipe replacement pipe crossing Westchester Drive between the District's recharge ponds must be done as the first order of work. The District's recharge operations are dependent on this pipe. 5. Installation of the 18-inch reinforced concrete pipe storm drain should also be accomplished as a first order of work, as groundwater from the adjacent ponds may impact constructability. Contact Mr. Joe Aguilera at (408) 265-2607, extension 2530, to coordinate the timing of this work with the District's operations. 6. Permittee shall be responsible for maintenance of the concrete and metal rail fencing along the property line. 7. Permittee shall be responsible to adjacent property owners for disturbance of any kind caused by the work permitted herein. 8. No debris shall be placed within the McGlincey Percolation Ponds. 9. Permittee must prevent construction materials and wastes, including sediment and nonstorm water, from directly or indirectly entering McGlincey Percolation Ponds. 10. All work associated with this permit shall be in accordance with the plans that were submitted to and approved by the District. FeE 60j (12/8195) -DEe 1 7 1998 BOND NO. U2468119 PREMIUM: $13,390.00 BOND FOR FAITHFUL PERFORMANCE We, the undersigned_ Huettig & SchrOllll1, ~nc~ _._ _ , (hereinafter "Contractor ") and UNITED PACIFIC INSURANCE COMPANY , a corporation organized under the laws of the State of PENNSYLVANIA , and authorized to transact business in the State of California, as Surety, are obligated to the City of Campbell, (hereinafter "City") a rnunicipal corporation under the laws of the State of California, in the sum of NINE HUNDRED EIGHTY-NINE THOUSAND DOLLARS ($ 989.000.00 ) for the payment of which sum we obligate ourselves and our successors and assigns, jointly and severally by the following provisions: The condition of this obligation is: Because the obligated Contractor has, on , 19_, entered into written Contract with the City for the Project, a copy of which contract is attached and made a part of this bond, for "TS 97-01. PD 98-06. 535 WESTCHESTER DRIVE. 571 MC GLINCEY LANE, ENCROACHMENT PERMIT NO. 98-219" . Now, therefore, if the Contractor shall faithfully perform the work in accordance with the plans, specifications and contract documents during the original term, and any extensions of the contract which may be granted by the City, with or without notice to the surety, and if it shall satisfy all claims and demands incurred under the contract, and shall fully indemnify and save harmless the City from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the City all outlay and expense which the City may incur in making any default, then this obligation shall be void; otherwise to remain in full force and etfect. If any legal action be filed upon this bond, it shall be filed within one year after final payment has been made under the Contract excluding the warranty period, if any, provided for in the Contract, and venue shall lie in the County of Santa Clara, State of California, and that surety, for value received stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed under it or the specifications accompanying it shall in any way affect its obligation on this bond, and it does by this means waive notice of any change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications, and thereby waives the provisions of Section 2819 of the Civil Code of the State of California. In witness, the parties have executed this agreement as of FEBRUARY 26 , 1999 HUETTIG & SCHROMM, INC. By ~~ l (jrrw- Title Vice-President .. . ~ure~TED PACIF By ttlJJ2 LAURA L. PLAISANT, ATTORNEY-IN-FACT Address of Surety: c/o AON RISK SERVICES. INC. ONE MARKET, SUITE 2100 SAN FRANCISCO, CA 94105 COMP ANY (Both Principal's and Surety's Attorney in Fact) Surety's Bond Number U2468119 (Accornpany this bond with Attorney-in-fact's authority from Surety to execute the bond, certitied to include the date of the bond.) (Attach Acknowledgements) h: landdev\535west6(mp) J_J e',~ .," ,/'. . 7 I q'f ifL.l"t.,:. .,c>O: .itA --< ,/ "J. Jo' .',. CA........t.,'J i....-L"-- ........ CALIFORNIA ALL.PURPO~IE ACKNOWLEDGMENT State of CLtL \ w( rvti,1 ./ County of cS' () Y\ X LL C{ct r70 . On ~\O,V't\f\ \ , 100C\ personally appeare:le tG~d \ e , E. before me, Name and Title of Officer (e.g., .Jane Doe, Notary Public ThVe.../ Name(s) of Signer(s) ~erSOnallY known to me - OR - 0 proved to me on the basis of~tisfactory evidence to be the person(s( whose name~re sUbscribt!to the within instrument and aC~ledged to me that e/ he/they executed the e i his er/their authorize pacity(ies1, and that by ~er/t eir signature.(8)'on the instrument the perso~, or the entity upon behalf of which the perso~ acted, executed the instrument. X fitM1CIIfUE l. DII.L\BOUGH" ~ - Comm. , 1179955 m U) NOT AI'( PUIJC. CALIfORNIA - t SInta Clara CountY .. __ My CoM, Expires Illy 4,2002 L t WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: C 1994 National Notary Association. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 Prod. No, 5907 Reorder: Call Toll-Free 1-800-876-6827 -- , CALIFORNIA ALL-PURPuSE ACKNOWLEDGMENT State of California County of San Francisco On FEBRUARY 26, 1999 before me, DONNA 1. WELSH DATE NAME, TITLE OF OFFICER, E,G.. "JANE DOE. NOTARY PUBLIC. personally appeared LAURA L. PLAISANT NAME(S) OF SIGNER(S) [Xl personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL D CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) o PARTNER(S) D LIMITED D GENERAL !Xl ATTORNEY-iN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(SI OR ENTITY(IES) DATE OF DOCUMENT THE SURETY COMPANY SIGNER(S) OTHER THAN NAMED ABOVE . . .. . AOMINJSTRA nVE OFFICE, PHILADELPHIA, PENNSYLVANIA . -__ ..;..:.1":-""7'",-,,=--;. -~. RELIANCE'IISUM ' " e-ANY RELIANCE NATIONAL INDEMNITY COMPANY "".," "".'!;;;:.',~;!;,::...l":;:;!"': RELIANCE SURETY COMPANY ,UNITED PACIFIC INSURANCE COMPANY ,POWER OF A TIORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware. and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organizect unCletttlel8ws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duJy organizedundeithe laws of the State of WISconsin (herein collectively called ''the Companies") and that the Companies by virtue of signature and seals do hereby make,. ConStitute lJIld appoint Laura L Plaisant, Kathleen Earle, Maria L. Sasai, Michael B. McGowan, Steven N. Passerine, of San Francisco, California thelftrue and lawful Attomey(s)-in-Fact. to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship. and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attomey(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article Vir of the By-Laws of RELIANCE SURETY COMPANY. RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII- EXECUTION OF BONOS AND UNDERTAKINGS I. The Board of Dir<clors, d1C'Prl:sident. theC1lairmmofthe !loIvd, any ~Vice President. art'J Via: President or AssiswIt Via: President or other otT":';~ ~lJIlLao.fttOfD;'-U"'" sbaII have power and autborily 10 (a) appoint AllOr1ICy(J)..in-Fact and 10 lIUlIlDrizI: them lD ex<CUle "" behalf of the ComplAY, bonds and undertakincs. recognizances. COIlIratIS of indaJulity IIId odIctcwJ~ .....;pQ,.I.. die- nature dleRof, and (b) II> remove lAY .uch Anorncy(.)-in-Fact ar lAY titRe and revoke the power and authority given to them. ' 2. AnomeY(s)-in-FIICt sball ba.. power and autbocity, subject to the _ and limillllions. of the Power of Attorney islucd to them. II> cxecule and deliver on behalf oi the Company. bonds and undertakings. recogaizances, conlJlIClS of indemnity and n!her writinp obIipmry in the nature thereof. Tbe ~ _ is 1101 noa:ssary lilr the Y81idity ofaD1' ~ ....I1IIlIertakmp"""'Pw.nN$. oontraclI of iDdemnity and other writings obligamry in the, nature thereof. 3. A~y(s)-in-Fact shall have power IIId authority II> eucule affidavits required to be anaclleG...bonds, recognizances.. co_ of indemnity.or other conditional'or oIIliptllry lUllIertaItiDp and they shall also have power and authority 10 certify the financial stateme1lt of the Company IIId 10 copies of the By-La.. of the CompallY or aoy anicIe or seetio. tIIereof. This Power of AlIDrney is signed IIId _led by facsimile under IIId by authority of the following resoIlIlioo adopced by the Executive and Finance Committees of the Boards of OireclOn of RdiaDa: IDsunnce Company. Unirc:d I'llcific IMUnIICC Company and Reliance Narionallndcmnity Company by Unanimous Consent dated as of February 28, 1994 and by the Executive and Financial CommitIee of the Board of Directors of Reliance Surety Company by Unanimous C_dated as ofMarcb 3~ 1'J!l4. . "lksolved.lIW the ,illl\8lUl'CSof such direct<Jn.and otT\I:lOB and die- seal of the Company may be affw:d lD aDY such Power of AlIOI1tCy or aDY cenif......rdatIn.. thereto byflcsimile. and aoy such Power of Auorney or certiflC3le bearing ,uch f.lcsimile siparures or facsimile.... shall be Y81id and billdina upon the Compaay and any such Power so .xecu.... and c:enificd.by lKsimiIe....... and facsimile.... shall be Y81i4.an6billdiDg .......lIle Company, in the future widl rapecI to art'J bond... UJldertakiDg II> which i. " anadled.' ' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, thisDecember 21, 1998. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY 7/(dIf/ t/, ~ STATE OF Washington } COUNTY OF King } SS. On this, December 21, 1998, before me, Laura L Wadsworth, personally appeared Mark W. Alsup, who acknowledged himself to be the Vice President of the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such: being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my himd and official seal. I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP- ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the seals of said Companies this 26THdayof FEBRUARY year of 1999 ~ / "/\.. ... .... .... ~s~ .--~ ' THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK - HOLD AT AN ANGLE TO VIEW .~ DEe 1 7 1998 BOND NO. U2468119 PREMIUM INCLUDED IN PERFORMANCE BOND We. the undersigned Huettig & 5.<:hrOlllD, Inc. (hereinafter "Principal") and UNITED PACIFIC INSURANCE COMPANY , a corporation organized under the laws of the State of PENNSYLVANIA . and authorized to transact business in the State of California. as Surety, are obligated to the City of Campbell (hereinafter "City"), a municipal corporation under the laws of the State of California, in the sum of NINE HUNDRED EIGHTY-NINE THOUSAND DOLLARS ($ 989.000.00 ) for the payment of which sum we obligate ourselves and our successors and assigns, jointly and severally by the following provisions: BOND FOR LABOR AND MA TERrAL The condition of this obligation is that the Principal entered. or is about to enter. into a certain written Contract with the City dated , 19 ' a true and correct copy of which is presently on fIle in the office of the City Clerk of the City of Campbell. which said Contract is hereby referred to and made a part hereof. The contract is entitled: "TS 97-01. PD 96-06. 535 WESTCHESTER DRIVE. 571 MC GLINCEY LANE, ENCROACHMENT PERMIT 98-219." Because Principal is required to furnish a bond in connection with the contract, providing that if Principal. or any of its subcontractors. shall fail to pay for any materials. or other supplies, or for any work or labor on the contracted work of any kind, or for amounts due under the unemployment insurance act with respect to any work or labor on this project, the Surety on this bond will pay for the debt. in an amount not exceeding the sum specified in this bond, and also. in case suit is brought upon the bond. a reasonable attorney's fee to be fixed by the court. Now. therefore. we. Huettig & SchrOl1l1l, Inc. ,as Principal, AND UNITED PACIFIC INSURANCE COMPANY , as Surety, are obligated to the City of Campbell. in the sum of $ NINE HUNDRED EIGHTY-NINE THOUSAND DOLLARS ,($989,000.00) lawful money of the United States, for the payment of which sums will and truly to be made. we the said Principal and Surety bind ourselves, successors and assigns, jointly and severally, by these provisions. The condition of this obligation is that if Principal. its successors or assigns. or its subcontractor. or subcontractors. shall fail to pay for any labor, materials. or other supplies. used in the performance of the work contracted to be done, or for amounts due under the unemployment insurance act with respect to this work or labor. then the Surety on this bond will pay for them. in an amount not exceeding the sum specified in this bond. and in case suit is brought upon this bond will also pay a reasonable attorney's fee, to be fixed by the court. No prepayment or delay in payment and no changes. extensions. addition or alteration of any provision of said Contract or in any plans and specifications referred to herein. and no forbearance on the part of the City shall operate to release the Surety from liability on this bond. and consent to make such alterations without further notice to or consent by the Surety is hereby given, and the Surety hereby waives the provisions of Section 2819 of the Civil Code of the State of California. In witness. the parties have executed this agreement as of FEBRUARY 26 , 19...2.L. HUETTIG & SCHROMMJ INC. By: f r~ ~, (1' ev-t- Its: Vice President n CE COMPANY /, . .~ LAU L. PLAISANT, ATTORNEY-IN-FACT Address of Surety: c/o AON RISK SERVICES, INC. ONE MARKET, SAN FRANCISCO, CA 94105 Surety's Bond Number U2468119 (Accompany this bond with Attorney-in-fact's amhority from Surety to execute the bond, certified to include the date of the bond.) By (Attach Acknowledgments) (Both Principal's and Surety's Attorney in Fact) h: \landdev\535west7(mp) :57/ 7/ 1'<} ~'7. (-/)t. iC...A.-Jo. ../ a, t" J.J.)- CALIFORNIA ALL.PURPO~IE ACKNOWLEDGMENT State of let l, \ .fun!') \11 ./ County of ,-5:ulm (/\J1 Y10 On \\, \L\ Irt\1 \ \C\LlCl before me, V-. l. dale V J ~ l ~ .. Name and Title of Officer (e.g" "Jane Doe, Notary Public") personally appeared lA..:\U \...L. 1=./. \)c ~<- Name(s) of Signer(s) ~rsonally known to me - OR - 0 proved to me on the basis o~tisfactory evidence to be the perso~ whose nam~re sUbscri~bo the within instrument and ackn ledged to me tha he she/they executed the me in~er/their authorize capacity~, and that by ~er/their signature,(i) on the instrument the perso~ or the entity upon behalf of which the perso~) acted, executed the instrument. J fj" MICHELLE "l. DlllABOUGH"( -00 Comm.' 1179966 'ft .. NOTARY PllBUC. CAliFORNIA VI ~ - Santi CII'I COUllty ... . ... ... nllv Comll. ExpirH "IY. 4. 2002 t WITNESS my hand and official seal. III l/.. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER o Individual o Corporate Officer Title( s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: C 1994 National Notary Association. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 Prod. No, 5907 Reorder. Call Toll-Free 1.800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On FEBRUARY 26, 1999 before me, DATE DONNA 1. WELSH NAME, TITLE OF OFFICER, EG, "JANE DOE, NOTARY PUBLIC. personally appeared LAURA L. PLAISANT NAME(S) OF SIGNER(S) .' ::~,o:''''\ DONNA L. WELSH J : ~ COMM. # 115450 n NOTARY PUBLIC . CAUFO~NIA ::u SAN FRANCISCO COUNTY (J) MYCO~r proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. IX] personally known to me - OR - 0 hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) o PARTNER(S) o LIMITED o GENERAL !Xl ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(Sl OR ENTITY(IESI DATE OF DOCUMENT THE SURETY COMPANY SIGNER(S) OTHER THAN NAMED ABOVE . . . . . A. . ~' - - --- -,- , . , ~ ," - -- '--- .. -- -'-, -::- ADMINISTRATIVE OFfICE,PHltAoElPHIA.PENNSYLVANL~> R.ELIANCe-~~~~~_ANY REUANCE NATIONAL IN, . 'mCOMPANY .'. .....i..!,; ,'..... ,:";}'~i%~'\t!~!"i';:'2.,:. '!;:~I'.".' . REt.tANeE SURETY COMPANY> UNITED PACIFIC INSURANCE COMPANY . . . - POWER OFA TTORNEY KNOW ALL MEN BY THESE PRESENTS. that RELIANCE SURETY COMPANY is a corporation duly organized unde{.the~ ~ and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY. are corporations ~ on.MR' ' Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organitect Wisconsin (herein collectively called "the Companies.) and that the Companies by virtue of signature and seals do ~ . '. '. ',i~ 'afld appoint Laura L. Plaisant, Kathleen Earle, Maria L. Sasai, Michael B. McGowan, Steven N. Passerine, of San Francisco~ c:allfomtil \fiilFtrue and lawful Attomey(s)-in-Fact. to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if ~cll bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attomey(s)-in-Fact may do in pursuance hereof, This Power of Attorney is granted under and by the authority of Article Vir of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect. reading as follows: ARTICLE VII .. EXECUTION OF BONDS AND UNDERTAKINGS I. The. Board of Dirccton, !he PRsidcnt, !he Chairman of the Board, any Senior Vice President. any Vice PRsident or AssislaDt Vice President or odIer offic:ef'desipar<:d bylk -'t of Directors shall have power and authority to (0) appoint Attomcy(s)-in-Fact and to authorize them to execute on bebalf of the Company. bonds andundertakinp. recognizances, eontnlCtS of indemaity and othu writlnp abIipU.y in !he nalUre thereof, and (b) to remove any ,uch Anorney(s)-in-Fact at any ti_ and revoke !he power and authority given to them. 2. AtlOmey(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued [0 them. to execuu: and deli_ on bebalf of !he Company, bonds and undertakings. recotlnizances, CORuaclS of indemnity and other writinp obIipmry in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings .................... contracts of indemnity and other writings oblipwry in the natUre thereof. 3. Auomey(sHn-Fac[ shall have power and authority 10 exocuu: affidavitS required 10 be attaChed to bonds. recognizances. contnM:tS of indemDity or other conditional or obIip1ory undenakings and they shall also have power and aulhori[y to certify the financial Slau:men, of the Company and to copies of the By-Law> of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Commit.... of the Boards of Oirecton of ReI....... ....urance Company. Unitcd PacifIC Insurance Company and Reliance National Indemnity Company by UDllIlimous CoIIICDt dated as of February 28. 1994 and by the Executive and Financial Committee of the BoonI of Dirocton of Reliance SuRly Company by Unanimous COIIICl1I dated as of March 31, 1994. 'RcsoIVQi dIat !he signatUres of such directon and offlClOB and !he seal, of the Company may be affixed 10 any such POMr of AIlIX11CY or any cenificalcs n:lating thomo by'filesimik..... any such Power of Attorney or certiflCllle bearing sucb filcaimi1c sipatun:s or facsimile.... shall be valid and bindina upoa the Company and auy such PO'ftt so executcd ....c:enifi..U.y facsimiIc s~ and facsimile .... shall be valid and binding upoII the Company, in the f'uaue with respect 10 any bond or undertaking 10 which it is anached.. IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, thisDecember 21, 1998. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY -p IP'/ t/, ~ STATE OF Washington COUNTY OF King } } S5. On this, . December 21, 1998, before me. Laura L Wadsworth, personally appeared Mark W. Alsup. who acknowledged himself to be the Vice President of the Reliance Surety Company, Reliance Insurance Company. United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY. UNITED PACIFIC INSURANCE COMP- ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 26TH day of FEBRUARY year of 1999. ~/ , ,/'\..';;'; fssis~" ----- ~.'..~ .: I =- :,.,:11 ~C'I:a.: I !:tI II '1 1111,'1' ~ ~. .11'1 ~. "11 ~ 1:9'1 ~ "'1 :1.1 :1111 "1.'1"')' ~:I "1 "l:I~": ['1. IJr.) "'1 ~ "'1 ~ [et.:a r.a''', :1'.' . Reliance RELIANCE ""JRETY COMPANY Philadelphia, Pennsylvania UNITED PA..;IFIC INSURANCE COMPANY Philadelphia, Pennsylvania STATUS INQUIRY RELIANCE INSURANCE COMPANY Philadelphia, Pennsylvania RELIANCE NATIONAL INDEMNITY COMPANY Philadelphia, Pennsylvania Our Bond Number U2468119 Contractor's Name / Address HEUTTIG & SCHROMM,INC. 900 WELCH RD.1 0 PALO ALTO, CA 94304 Effective Date 02/26/1999 Original Contract Price $ 989,000 Owner/Obligee Name CITY OF CAMPBELL ~ECE'VE JUN \ 1 1999 WOf'KS Date 06/1 0/1 999 UBI.IC Description of Contract AO TS 97-01 ,PO 98-06,535 WESTCHESTER DR. 571 MCGLlNCEY LANE, ENCROACHMENT PERMIT NO. 98-219 We look forward to your cooperation in providing the following information, subject to the statement noted below. Thai1]< you, 1( II)~~ ~b~emary Mar0innis IF THE CONTRACT HAS BEEN COMPLETED, PLEASE STATE: IF THE CONTRACT IS UNCOMPLETED, PLEASE STATE: It is understood that the information contained herein is furnished as a matter of courtesy for the confidential use of the Surety and is merely an expression opinion. It is also agreed that in furnishing this information, no guaranty or warranty of accuracy or correctness is made and no responsibility is assumed a result of reliance by the Surety whether such information is furnished by the O'Nner or by an architect or engineer <:is agen of the owner.' RELIANCE SURETY COMPANY 580 CALIFORNIA STREET SUITE 1300 SAN FRANCISCO, CA 94104 Please return this inquiry to: Address (if different from above) . The language of this form is acoeptable to the Surety Association of America. ell)' uJ Cmnpur>l/ City Council Report Item No.: Category: Date: Consent Calendar April 6, 1999 TITLE: Approval of Final Map and Acceptance of Dedication of Right of Way - Campbell Technology Business Park (former Winchester Drive In Site) (ResolutionlRoll Call Vote) RECOMMENDATION That the City Council adopt the attached resolution accomplishing the following items: a) Approving the Final Parcel Map, subject to the dedication of right-of-way from the Santa Clara Valley Water District (SCVWD) for property located at 535 Westchester Drive and 571 McGlincey Lane (former Winchester Drive In Site): approving the ne\v street name "Campbell Technology Parkway": :md accepting the dedications offered thereon, b) Authorizing the Public Works Director to execute a Street Improvement Agreement:md a Landscaping and Fencing Maintenance agreement \vith WTA. Campbell Technology Park, LLC. (WT.-\); c) Authorizing the Public Works Director to execute a Professional Services Agreement for construction inspection services in an amount not to exceed $79,000; and d) Approving a budget adjustment. DISCUSSION On November 18, 1997, the City Council approved a Vesting Tentative Map to create four lots and one remainder parcel for a city park on property located at 535 Westchester Drive and j 71 McGlincey Lane, subject to conditions of approval, A Final Parcel Map has been prepared for this project, reviewed by staff, and found to be in compliance with the approved Vesting Tentative Map, Approval of the Final Parcel Map is considered ministerial under the law, and the map must be approved if it conforms to the tentative map.:md all of the conditions of approval have been met. Conditions of approval for the development include the requirement to acquire and dedicate right of way and construct a new public cul-de-sac to serve the proposed new lots :md adjacent development. .All of the right of way issues have been resolved with the exception of property owned by the SCVWD, which is pending approval by the District's Board of Di.rectors. Staff is recommending that the Final Parcel Map be approved by City Council subject to the anticipated SCVWD Board action. To accomplish this. following Council's approval of the Final Parcel Map, the Final Parcel Map would be released to a title company and pbced in an escrow account with directions to record the Final Parcel Map only upon the escrow holder receiving the si.gned right ohvay documents from the SCVWD, Should the title company not receive the signed right of way documents within 30 calendar days, the title company would be instructed to return the Final Parcel Map to the City. The final Parcel Map will not be recorded until all right of way documents have been provided and accepted by the City, TIle attached resolution authorizes staff to proceed with the placement of the Final Parcel Map into the escrow account as described. Conditions of approval for the development also require the developer to execute a Street Improvement Agreement and Landscaping and Fencing Maintenance Agreement prior to approval of the Final Map. The attached resolution authorizes the Public Works Director to execute these agreements on behalf of the City. Approval of Final Map and Acceptance of Dedication of Right of Way - Campbell Technology Business Park: Page 2 April 6, 1999 On October 8, 1998 the Civic Improvement Commission considered names for the new public street. After discussion, the Civic Improvement Commission agreed to recommend to the City Council approval of the name "Campbell Technology Parkway" for this new street and cul-de-sac. The attached resolution also approves the name "Campbell Technology Parkway" for this new public street. Construction of the public improvements will require substantial construction inspection. In larger developments, the developer is required to pay the actual costs that the City incurs to complete the inspection of the construction of these public improvements, rather than a set fee as is done for the smaller developments. WTA has deposited funds with the City in the amount of $79,000 to cover these inspection services. Should additional funding be required, WTA would be invoiced for the additional inspection expenses. In order to provide the adequate inspection of the construction of these improvements, staff is recommending that an outside firm be hired to provide these-construction inspection services, and that the Public Works Director be authorized to negotiate and execute a Professional Services Agreement with such a firm in an amount not to exceed $79,000. FISCAL IMPACT The attached budget adjustment transfers funds already deposited by WT A to the appropriate account to support the costs of consultant inspection services for this project. AL TERNA TlVES The approval of the Final Parcel Map is considered ministerial under the law, and the map must be approved if it conforms to the tentative map, and all of the conditions of approval have been met. The Final Parcel Map has been prepared, reviewed by staff, and found to be in substantial compliance with the approved Vesting Tentative Map. Prepared by: City Engineer Reviewed by: Public Works Director Reviewed by: Finance Director Approved by: City Manager Attachments: Resolution Final Parcel Map Budget Adjustment J\lvlQ\LD\DRlVEINMAP RESOLUTION NO. A RESOLUTION OF THE CITY COlJNCIL OF THE CITY OF CAMPBELL APPROVING A FINAL PARCEL MAP FOR PROPERTY LOCATED AT 535 VVESTCHESTER DRlVE A1'ID 571 MCGLINCEY LA1"\[E, ACCEPTING THE DEDICATIONS OFFERED THEREON, APPOVING THE STREET NANfE "CA1\;!:PBELL TECHNOLOGY P~t\RKW A Y', AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE THE STREET IN!:PROVENfENT AGREENfENT, THE LA1'IDSCAPING AND FENCE N1AlNTENA1'\JCE AGREENfENT; AUTHORIZING THE PUBLIC WORKS DIRECTOR TO NEGOTIATE AND EXECUTE AN AGREENfENT FOR CONSTRUCTION INSPECTION SERVICES IN AN N\tIOUNT NOT TO EXCEED $79,000; AND APPROVING A BUDGET ADJUSTNfENT BE IT RESOL \fED by the City Council of the City of Campbell, California, as follows: The City hereby: approves the Final Parcel Map for property located at 535 Westchester Drive and 571 McGlincey Lane; approves the name Campbell Technology Parkway for the newly created cul-de-sac; authorizes staff to submit the Final Parcel Map to an escrow account to be recorded pending the receipt of the signed right of way documents from the Santa Clara Valley Water District (SCVWD) and consents to recording of the Final Parcel Map following the recordation of the dedication of the rights of way as shown on the Final Parcel Map; accepts dedications offered on the Final Parcel Map for the purposes for which the same are offered; authorizes the Public Works Director to execute a Street Improvement Agreement and a Landscaping and Fencing Maintenance Agreement with WT1\ Campbell Technology Park, LLC to install public improvements and maintain the fencing and landscaping for the future development on the parcels; authorizes the Public Works Director to negotiate and execute a professional services agreement for construction inspection services in an amount not to exceed $79,000 for the inspection of the public improvements; and approves the associated budget adjustment. 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I I : 1 i I !301H I"I'O'~ Z' ....1. ~ ~i~ IllEl:;:.~ I:;:IZ I I 1 ~ I~I-'.NI Z .....1_ ~ - '" ~ iii ~;:; ~. ~.., ~~ ~~ g~ ~ '"' i1I (z~z ~ 6r;or"~"S"S :"II1SIXJ ~ ~ ,~:I:~ REQOES-r PeR OP ~a'a!"l":. S'Cl::)GE-r .ADJ'OS'~""S DEPARTMENT/PROGRAM DIVISION DATE R!Q~ NO. Public Works Engineering 4/6/99 BtJDGE-r 'rRANS~-~ TO BE R.EDU~'n: FUND ACCOUNT NtJMBER DESCRIPTION AMOtlNT , - TO BE INCREASED: FUND ACCOUNT NtJHBE:t DESClUPT!:ON AHOmrr 101 730.7430 Professional Services 79,000.00 Reason for Request (Be Spe~~c): Increase in appropriation required to hire professional services for construction inspection of public improvements associated with Encroachment Permit #98-219 (Campbell Technology Park). Funding of $79,120 has bee? deposited by WTA Campbell Technology Park, LLC and received by the City (receipt #0100-119046) for inspection services for this permit. These funds will be used to offset this increased appropriation. Siqnat'.lre : Signature: OEPART!eiT HEAD FINANCE DIRECTOR CITY MANAGER WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY SERVING RESIDENTS OF CITY OF CAMPBELL TOWN OF LOS GATOS CITY OF MONTE SERENO CITY OF SARATOGA UNINCORPORATED AREA April 7, 1999 RECEIVED APR 0 8 1999 PUBLIC WORKS ADMINISTRATION Michelle Quinney Department of Public Works City of Campbell 70 North First Street Campbell, CA 95008 RE: Campbell Technology Park Dear Michelle: This letter will serve as a "clearance letter" for the Campbell Technology Park development. The developer/owner has satisfied all ofthe district's requirements for sanitary sewer improvements. If you have any questions, please call Jonathan Lee at (408) 378-2407. Very truly yours, Robert R. Reid District Man er and Engineer athan K. Lee ineering Manager cc: Ken Neumeister, Huettig & Schromm, Inc. 100 East Sunnyoaks Avenue, Campbell, California 95008-6608 Tel: (408) 378-2407 Fax: (408) 364-1821 Of " C.4-it t~". A~~ U t'"' . . ... "- -So "- 01-' ~, 'O"CH ",.0 I", ~ 4.{-5""{~ XvwO R/w Apri15,1999 CITY OF CAMPBELL Public Works Department Nai Hsueh Water Resources Group Manager Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118 Dear Nai: Thank you for your assistance in expediting the transfer of District property adjacent to the McGlincey Lane percolation ponds to the City of Campbell for public street purposes. As you are aware, the City of Campbell requires that the existing private access easement over the District's property be improved as a public street in order to serve both the Winchester Technology Park development and the City's new 4-acre p"'ublic park adjacent to one of your percolation ponds. .. You have requested that I provide you with my comments on the Draft Right of Way Agreement (dated 4/2/99) that you have indicated will need to be executed prior to transferring this property to the City for use as public right-of way, Based on a quick review of the Draft Agreement, I believe that there are several conditions that will require clarification, discussion and possible modification. These conditions generally address: District use of and access from the new public street; allowable modifications to the percolation ponds associated with the City's park development; and the method by which the District's maintenance operations will continue to be accommodated. Because resolving these issues in a mutually agreeable fashion will likely require both the District and the City to evaluate the effects of the proposed conditions on their respective facilities (percolation ponds; public street; public park), I would strongly suggest that we meet at your earliest convenience to develop mutually agreeable language so that the critical issues can be resolved in a timely manner. You have also requested that the City consider a District proposal whereby the District would make available to the City the proceeds from the sale of the future street right-of-way for improvements to the ponds and/or agreed upon maintenance staging areas. I believe that this concept is worth pursuing, particularly in conjunction with a review of the proposed conditions in the Draft Agreement. I look forward to meeting with you to discuss this matter at your earliest convenience. ... Robert Kass Public Works Director cc: Bernard Strojny, City Manager Kirk Heinrichs, Redevelopment Manager bee: Bill Helms Michelle Quinney Dave Thompson Harold Housley 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2t50 . FAX 408.376.0958 " TOO 408.866.2790 P.Ol r-19-99 07:51A ",J.! 1Jwe.. 1~UJ ..-t+MH l4lg) 4-f1,'Z"Z'Zz - HS HUl:l lie & :'CHROMM ,INC FAX TRANSMITTAL DATE: 4 II.' /99 TO: +!tlrc{J +!nuS(e-'J ~.f!J ~f CaJf1pb~t{ SEND TO FAX II: ( 4ol,) 37'-0958 . .- II OF PGS: ~ INCLUDING THIS COVER SHEET SENT BY: HUEITIG & SCHROMM, INC. KEN NEUMEISTER CONSTRU CTION PROJECT MANAGER & ARCHITECT 9 () 0 'N E L C.., R 0 A 0, 5 U I T E 7 0 PAL 0 A~. TO. C A. 94304 (650) 3 22 - 2 7 2 1 FAX # (650) 322-5029 PROJECT: ~p bell --r~ p~ COMMENTS: HI-MIl. . :J ~ lits-f;,.uvfe,I {./~ H +~ de/de. tJds-tr~ PbtE .L.tl$-L~ilt;t -fro& pDfl'sd f~ ~ - St!.-(!, Qv:v--tc41'w.. -r1J'r J~~48 (1' ~~s i/ Original Will Not Follow Original Will Follow by: Hand Delivery Regular Mail Other: (,00 Welch RooJ. SUitE' 10 . Polo Aho, CoH~Qrnia 94304 . (6501 322-21 L I . Fax 1650) 322-5029 Stole C0l11,udu,I l!c...n$l:l Nl.mtMo< 17.9060 P.02 Apr-19-99 07:51A "p! j; . '; '; ~ .:. 't rIll l47J4376 r.ge 1-- A,,: 'Po":. ,,- '/ r .." -.rr Ii:,. 63j6 F 't ..;' .~ .-., L "I> ~ ' 2 3() 7- ~ I~' 2 a 4 S' Ann ~CORDIJIlC. ItETVRN TO: PtlCiflC Gel ."d Electric ClImptDly iANllCir"" O//icf 111 AI".dm 6(JlIlewt,w, ll", '14 S... Jou, Gt 9511 S-0005 DoeUNfNT: 14734S76 - *l47S411U lit'..;\ I Pageo:: 2 f.... ., 111." TUM. .. topi.... AMT PA 1 D UU18 loIlK...i_: elt~~1IC - aeeue..?" iIIIoIIII'.... ~__..r ,.... $ .. ."_T..... ( I ~'M" fill' "101_ e& .....rtl' ClIIl"')4f. OJ' I 1 ~..... _ 1'\111 "a'IM WW IJ._ .. -.......-... .....lu. .t n- Gf Sell:. "1M"'" 9r Hewe..., w ~ "--'-'111 ,." iREtlOA DAViS SANTa CLARA COUNTY ~CORDER Re<:orded at tN ,.......t of Utility Colllpany ROE II _ "12/ 1999 \2:25 Pf1 lrellt QCOINa' 15 \l1li ...,) EAAMENT QuttCLAIM DUD l'Acme GAS AND ELECTRIC COMPANY. . c.lifonli1 ~Il, ~ caIle4 P04U. ....by _1IimS . WTA C.mpbeU TocIIIloloSY I'd u.c. . c;;aJi{omia limilC4 ~Ulty GOm..y. Jatrtina- cUle4 teCOad pal1y, .. _ pI1)pmy silUiIlC in Ib.; Cit)o lII' CaqlbIll, Ccnm~ of SIma CIIn. S,. of CalihnUa. dUctibed at foJ1Qws: (API'! 41i-19..oo7 (PTN,) 1M .'2-30-0J5) The riIb1S pnIeCI by WlIICba- Dri""Jn 1lJaIIR. IK, IV PG.tE by dIItId dared JmlIII1 ~, 1967. - ~ CIII F~ 24, 1967 ia Belak''''' ofOff'c* J*lOldUI hCe 341, SIDIa QIIIoCowlty..... ne reN pcopa1y Iwwby ~ is 1t0 10ftP1'neeUMl)' Ill' IUdbl to PGAE in .. perfonuKe by it of ill dWeI w me "1I~. DaIed ~" 2.S .19~. PACD'IC GAS Nfl) ~LtCTRlC COMPAm' By C. 0 ~:.\n l. L c.l HocikOlbi Land RiJhts OftIcc supervisor SO\Rh Coat ~ L"IU.,.. 0CIkc De AlIa m,/IiIa SO ~.lum. AIL U:JI DQ7.o1.1~ .... B-I,"ll 1112 Of swa/4 91 Sd. U TIS. ,I..".. ~HM .1~1l4:_ ~Il. .- ~- .. Apr-19-99 07:51A .'\,l. E'. lJJ:' H!:j"l 1473...,,6 P-9-:1- "'-. L1 . . .... ~ .? '~~~t.w.""-M } nM8 or eaL~ ~ .. ~f4- (JtWI\ Oa/IMA~ .3~ 19'Ji.....-. ..-;t:; a...,. ~."''''Iw.c.''''''' ........ C 6," I .", "0 U'L II. ~~"""_.OI,'( )~._-........r--.".......w ..~~)__ ~,,"""..\IIt_____~ -..tl"...._....~--...._. ~......~..). ...."....-.n.~)...___r.......". ......~::=:-..,!44ili.:.1 ~ 1ih. j}j ~. ..,~.Ull:... j ....... z. ~ ~ ~ - 'It~""".,v.._... -- P.03 u~ b~~lb .. r. 't i ~ ~......- R U- 11'.......... ....,.,- - . .. II---~"""""""~ 11.-....-_........... r ,........<1.......................... CllamI,,, .,.,..,."....................) , )--......,....... TWM ... P& {E I.a..d R,iAA /Jfha S~'I.;"~ P.02 M~r-23-99 05:0BP HI HUtlllG & ::'CHI!()MM INC March 22, I ()l}1) City of Campbell Publi\: Work~ 70 NI)rth Flt'!:t Street Campbell, CA 950U>5-14.23 Alln.: Hafllld Housley Rc: Utility Coordimlti{m Plans - Stalll::. - C.tmpbdl Tcdlrll,llogy Park Job # 96-088 Deal' Harold: The current plans submittt:d l,;ol,mlimltl~ tht; avaibhk: utility plan::- that wc havc received to date .md include the propost:d and cxi~ting: . City Storm Drain lines . Samtary Sewer line... . San Jo<;e Watt:r Lmes . PtT&b I,:",isling gas line and pole location~ WI,~ havc m:uk cvcry effort pOSSible to cOQrdinme \\11 utility plans available. Wt; ";IV\.: riot yet received the plOpos~d lJ(:T&F Ide<.:!. & ga,) ,ub,lrUl.;turc plans. H&SIWT A had lIlitiated and requested tht;st; plans to he done by PG&E in June of 191)g. As of this date 1 am led to hdicve that they are c1o!:c to being completed. hopefully by +/- April Slh. These plans will ahl) nced to be routed to Pacific Bell and Tel for Joint tn:o<.:h l:Ul,mlin;,Jlion. WI: arC planning to coord mate the cOl1stmction to lIlc1ude the PG&E joint trt."m.:h wor\.. ~o that it folds mto our oth~l- work.. WI:. ;,Jrl:. ITwl-illg c.:very dFort to expeJil': lhi~ irlfofmation. W~ will also haw HMH im:nrporate it lIlto the eXIsting utility coordinatil1l1 plans. .,. We are commillcd 10 doing all the necessary trenching work at one time to minilTlill': the amount of tn:m:hlllg, c~pl,:cially in e:<istmg streets. If nt."ceS::',lry we will provide u rough paH~tl ( 1'1 lift) level until confirrrlation of all the utility trenching is cumplete, then we will pwvidl,' \111': Final A,C, pavmg. If yuu ~h{lllld have allY que..tion~. please do not heSitate to call me . ~ Kenneth A. Nc,:?l;"" Project Manager- Architect I:C: r.t\> K VI -HMH 9(t(gW*.h ~(lod. ~:,lIlt(". 10 . Pain Alto, Colibrnlo '11130.1 · (6501 3'222121 . Fax: (650) 322 5029 ",1<11.. C.,nJr.xh'," I "'..n~,, r-.J,'O'It-:" 1 29060 M,-,r-23-99 05:0BP HI IIIHTlG & so II(()JI/IM. IN( MardI n. 199Y City of Campbell Publil,: W~lrk~ 70 North Firs( Strccl Camphell. CA 95008-1423 Attn.: Michelle V.uinney Re: Parcel Map Approval - Campbell Tel..:hnl)lt)gy P.uk Job ff 96-088 Dear Michelle: This letter IS (0 request that the propos~d Parcd map for Campbell Technology Park be considered for City Council approval un t\priI6, lQ99. Tn the bt:~l of my knowledge all of the mapping Condition" of Approval. PD96-06. and all other requested related dOl.:umcnt;l,(lOl\ and fees have been transJnltted to your office for review, with the l;:;\i.:eption of Santa Clara Valley Water Oislrid'" t.,rran( dcl.:U for puhlic street. I am making every dforl (0 have WTA, fI&S and the S.C.V.W.D. I.:ome III an agreement by 412./49. Assuming thar rim; issue will be resolved at that (ime. I under,rand that rhe S.CVW,D, Board will need to approve and sign (he required dm;urm;rlt~ for !o.trcet dedication. Fm1hetmllrc. it i!o. illY under-aanding that the City Council could conditionally approve the parl.:cl Map pending S.C.V.W D. sign-off approval and the staff would hold the Map "in escrow" until such appwval is achieved, The map wuuld lhen he ')enl for recordation, 01 he~i'ille to call me. Kenneth A. Ncumeish.:r Projl.:cl Malla~cr- Ardllrc.;r u:: EED II"mld I J II.CTPClly3 900 Welch RO<ld, :,Ult..-, 10 . rain A!tn, Cail!orlllo 911 301\ . ItJ.'JOI J)j ') 1') 1 . rClX {()'iO) :1))-5021/ 51UI" CUIIIIU~lv" L<<-':;,,~(' Nv,nl>Cf 12~\)W P.03 HS March 22, 1999 RE:Ct=I\/t:=O J" MAR 2 .') 1999 lit.).../ (' ADMI1'iIS TRWORI<S ArlO^, HUETTIG & SCHROMM, INC. City of Campbell Public Works 70 North First Street Campbell, CA 95008-1423 Attn.: Michelle Quinney Re: Parcel Map Approval- Campbell Technology Park Job # 96-088 Dear Michelle: This letter is to request that the proposed Parcel map for Campbell Technology Park be considered for City Council approval on April 6, 1999. To the best of my knowledge all of the mapping Conditions of Approval, PD96-06, and all other requested related documentation and fees have been transmitted to your office for review, with the exception of Santa Clara Valley Water District's grant deed for public street. I am making every effort to have WTA, H&S and the S.C.V.W.D. come to an agreement by 4/2/99. Assuming that this issue will be resolved at that time, I understand that the S.CV.W.D. Board will need to approve and sign the required documents for street dedication. Furthermore, it is my understanding that the City Council could conditionally approve the parcel Map pending S.C.V.W.D. sign-off approval and the staff would hold the Map "in escrow" until such approval is achieved. The map would then be sent for recordation. ot hesitate to call me. Kenneth A. Neumeister Project Manager- Architect cc: EED Harold H. H:CTPCity3 900 Welch Road, Suite 10 · Palo Alto, California 94304 . (650) 322-2121 . Fax: (650) 322-5029 State Contractors license Number 1 29060 HI HUETTIG & SCHROMM, INC. RECEIVED MAR 2 5 1999 March 22, 1999 PUBLIC WORKS ADMINISTRATIOtl_ City of Campbell Public Works 70 North First Street Campbell, CA 95008-1423 Attn.: Harold Housley Re: Utility Coordination Plans - Status - Campbell Technology Park Job # 96-088 Dear Harold: The current plans submitted coordinate the available utility plans that we have received to date and include the proposed and existing: · City Storm Drain lines . Sanitary Sewer lines . San lose Water Lines . PG&E existing gas line and pole locations We have made every ettort possihle to cuordinate all utility plans available. We have not yet received the proposed PG&E (elect. & gas) substructure plans. H&S/WTA had initiated and requested these plans to be done by PG&E in June of 1998. As of this date I am led to believe that they are close to being completed, hopefully by +/- April 5th. These plans will also need to be routed to Pacific Bell and Tel for joint trench coordination. We are planning to coordinate the construction to include the PG&E joint trench work so that it folds into our Other work. We are making every effOlt to expedite this infonnation. We will also have HMH incorporate it into the existing utility coordination plans. .. ," We are committed to doing all the necessary trenching work at one time to minimize the amount of trenching, especially in existing streets. If necessary we will provide a rough paved (1 st lift) level until confirmation of all the utility trenching is complete, then we will provide the final A.c. pavmg. If you should have any questions, please do not hesitate to call me. Kenneth A. Neumeister Project Manager- Architect cc: EED K.M. -HMH ge@~:l1 Road, Suite 1 0 . Palo Alto, California 94304 . (6501 322-2121 . Fax: (650) 322-5029 State Contractors License Number 1 29060 JAM 2 5 1999 JE~ Tel 1/14/99 Kenneth A. Neumeister H&S 900 Welch Road, Suite 10 Palo Alto, CA. 94304 Subject: Easement Clearance / Will Serve Re: Proposed Development: Being a subdivision of a part of section 35, T. 75., R.I. W., M.D.M. & part of lot 6 of map of partition in the suit of E. Willett vs. Lottie Willett et allying entirely within the City of Campbell, California Dear Mr. Neumeister: I have reviewed the parcel map provide by HMH Incorporated, for the purposed of a Proposed Development in the City of Campbell. TCI Cablevision of San Jose has no comments or objection to the Proposed Development indicated on the parcel map. TCI currently has service facilities within the area, and it does not appear that there should be any problem to provide CATV facilities to this parcel. Sincerely, ~MM) ~ Romeo Ulep System Designer ~- TCI of California San Jose System Office 1900 So, Tenth Street P.O, Box 114 San Jose, CA 95103-0114 (408) 918-3200 FAX (408) 294,7280 An Equal Opportunity Employer .Of'C41l.t,t> f~. ,'. ~~ ~ . .. 1- ..... " , QRCHA\lO (., .685/-U' J.<aJIdr..t:d~Jv/ CITY OF CAMPBELL Public Works Department February 16, 1999 Ms, Patricia Correa Subdivision Services Alliance Title 901 Campisi Way Campbell, CA 95008 Subject: 535 Westchester Drive, Parcel Map Lands of City of Campbell Redevelopment Agency Local Improvement Bond Obligation, APN 412-29-007 Dear Ms. Correa: Enclosed is our Local Improvement Bond Obligation review letter as per your request faxed to us February 12, 1999. Very truly yours, (k;~~ Cr~z- r gPfub~ D Assistant Engineer Enclosure h: \landdev\ windrin\ bondltr(mp) 70 North First Street. Campbell, California 95008,1423 . TEL 408.866,2150 . FAX 408.376.0958 . TDD 408.866.2790 eI'lY OF CAMPBEU PUBUC WORKS REVIEW LOCAL IMPROVEMENT BOND OBUGATION Date ~ 'fol L~'1. TR/PCL MAP NO. ~6:. APN 4lc.-~"2-~-C:JO, IMP DIST NO. "-b N...~ Public Works review for Local Improvement Bond Obligations on subject lands has found: fj}- No bond obligations are or will become due within the next fiscal year. o Bond Obligations are or will become due within the next fiscal year. o On County an assessment schedule was submitted to the o An assessment schedule is enclosed o Applicant shall prepare an assessment (or amended) diagram. Submit same for Public Works approval and preparation of assessment schedule. !Ju~ CRUZ '/GO~Z ASSISTANT ENGINEER Title Public Works Department 70 N. First Street Address Campbell. CA 95008 . (408)866-2150 Telephone Number Alliance lit~e February 10, 1999 r-. -' . .. te, , f''';'' - --. .. - '.-) FEB 1 1 1~99 Mr. Cruz Gomez City of Campbell Department of Public Works 70 North First Street Campbell, CA 95008 ?UBLIC WOAl{S N~MINISTRt.r'c;. RE: Parcel Map/City of Campbell Redevelopment Agency APN: 412-29-007; 412-30-035, 042, 043 Order No. DR133735 Dear Mr. Gomez Please provide this office with a letter specifying any Tax Bond issue that might be assessed on the above property within the coming fiscal year. This letter is being requested to satisfy the requirement by the Santa Clara County Tax Controller's office for obtaining a tax clearance letter for recording of the above referenced Map. Maps showing the location ofthe subject property are enclosed for your reference. Please notify the undersigned when the letter is ready for pickup. Thank you for your assistance in this matter. If there are any questions please do mot hesitate to call. Sincerely, ~ai t?tt~ Patricia Correa Subdivision Services enclosures 901 Campisi Way Campbell, CA 95008 . (408) 559-3424 . Fax (408) 377-0284 B" Q) ..C\.I .. Wi It:) ., Z n: o ~ :; "' u .. .. :> o u ., a; <( J u .. ... z .. 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Z .. t-/lf>.~ rO~ I- 0: u ... <t t; cr. bJ ,- J: U l- V) ... ~ ",.0\ .U ~I." ~I @ ~I @ 3475B North First Street, #1 Gv San Jose, California 95134 PACI~4:ls!LL A pacifih(I~~tv E D MAR 1 8 1999 PUBLIC ADMINIS TRW ORKS AnON March 16, 1999 City of Campbell 70 North First Street Campbell, CA 95008-1423 Attn.: Harold Housley, Land Development RE: campbell Technology Park Dear Mr. Housley, Pacific Bell has reviewed the proposed parcel map for the Campbell Technology Park as prepared by HMH civil engineers. Our review concludes that the proposed easement identified for Pacific Bell along with the other P.D.E. s as shown on the map will be adequate for our proposed facilities to serve the site. Additionally, this proposed parcel map will not be in conflict with other existing easements or facilities on or adjacent to this property. Uyou have any questions you may call me on (408) 493-8174. Thank you for your cooperation regarding this request. cc: Ken Nuemeister H&S Tracy Wright Right of Way Administrator (408) 493-8174 Pacific Gas and Electric Company 111 Almaden Boulevard PO Box 15005 San Jose, CA 95115-0005 MAR 11 1999 March 10, 1999 m Mr. Kenneth Neumeister Huettig and Schromm, Inc. 900 Welsh Road, Suite 10 Palo Alto, CA 94304 RE: Parcel Map Review: Campbell Technology Parkway HMH Project No. 2332-02-31 PG&E File No. 054lL67677 Dear Meumeister: Thank you for submitting a copy of the Parcel Map for our review as referenced above. PG&E has now concluded its review process and has determined that the parcel map as submitted provides adequate Public Utility Easements for gas and electric facilities. Any proposed development plans should provide for unrestricted utility access and prevent easement encroachments that might impair the safe and reliable maintenance and operation ofPG&E's facilities. Some examples of activities which could have an impact upon our facilities include permanent/temporary changes in grade over or under our facilities; construction of structures within or adjacent to PG&E's easements; and planting of certain types of vegetation over or underneath our gas and electric fadlities respectively. Developers will be responsible for the costs associated with the relocation of existing PG&E facilities if any, to accommodate their proposed development. Relocation of gas and electric facilities may require long lead times and are not always feasible, and developers are encouraged to consult with PG&E early as possible in their planning stages. Please feel free to me at 408.282.7546, if you have any questions in regards to this matter. Thank you, ~MC4~ Nicholas C. Arellano Lead Land Technician Land Rights Offices - San Jose FIRL DEPARTMENT SANTA ClARA COUNTY CONTROL NUMBER 14700 Winchester Blvd., Los Gatos, CA 95032-1818 (408) 378-4010 (phone) · (408) 378-9342 (fax) SLOG PERMrr NUMBER PLAN REVIEW NUMBER 99-0633 PLAN REVIEW COMMENTS CODE/SEC. SHEET NO. REQUIREMENT Review of Emergency Vehide Access Easement for secondary access requirements. , No fire department conditions or requirements. Approved as submitted. OK to proceed with Parcel Map finalization. DISTRICT PLANS SPECS NEW RMDL /IS OCCUPANCY CONST. TYPE PERMmEE DATE PAGE CBL 00000 Huettic & Schromm Inc 3/10/99 1 1 -OF- SECJFLOOR AREA LOAD DESCRIPTION BY CAMPBELL TECHNOLOGY PARK Commercial Development -I LOCATION 1535 Westchester Dr Hokanson, Wayne NAME OF PROJECT A California Fire Protection District serving Santa Clara County and the communities of Campbell. Cupertino. Los Aftos. Los Altos Hills. Los Gatos. M<:mte Sereno, Morgan Hill, and Saratoga FIRl:. DEPARTMENT SANTA CLARA COUNTY CONTROL NUMBER 14700 Winchester Blvd., Los Gatos. CA 95032-1818 (408) 378-4010 (phone) · (408) 378-9342 (fax) BLOG PERMrr NUMBER 98-1046 PLAN REVIEW NUMBER 9 9 - 0 5 1 9 PLAN REVIEW COMMENTS CODE/SEC. SHEET NO. REQUIREMENT Review of revised drawings for the proposed construction of a new commercial shell building. 1 The plans reflect a different address (~p~n Technology Parkway) than noted by the building permit transmitt~!tnn8'_s adress, provide a copy of the official change of address from the city clerk. The civil drawings do not reflect the fire service lines and required fire hydrants. The engineer shall coordinate the drawings with the San Jose Water Company to ensure accuracy. 2 Conditional Approval: Okay to issue Grading, Foundation, and Utility portions of the building permit. The balance of the permit shall be on "hold" until the required fire hydrants and emergency access roadways have been installed and accepted by the fire department. CBL ~ D ~ D D SECJFLOOR I AREA Bldg "C" : Shell 80/696 sf B III-N I PERMITTEE ITS H Architects DATE I PAGE 3/3/99 ~ OF ~ DISTRICT PLANS SPECS NEW RMDL AS OCCUPANCY CON ST. TYPE LOAD DESCRIPTION BY Commercial Construction Barnes, George CAMPBELL TECHNOLOGY PARK I LOCATION 535 Westchester Dr NAME OF PROJECT A California Fire Protection District serving Santa Clara County and the communities of Campbell, Cupertino. Los Altos. Los Altos Hills. Los Gatos, Monte Sereno, Morgan Hill, and Saratoga 5750 ALMADEN EXPRESSWAY SAN JOSE, CA 95118-3686 TELEPHONE (408) 265-2600 FACSIMILE (408) 266-0271 www.scvwd.dst.ca.us AN EQUAL OPPORTUNITY EMPLOYER March 9, 1999 Mr. Ken Neumeister Huettig and Schromm Inc. 900 Welch Road, Suite 10 Palo Alto, CA 94304 Dear Mr. Neumeister Subject: Campbell Technology Park-Parcel Map Clearance The Santa Clara Valley Water District (District) has.Jloobjection to the recordation of the subject parcel map. Issues related to the development and the District's infrastructure and property have substantially been resolved to our mutual satisfaction. The District is proceeding with the quitcla.-i1Jl of its interest in the lands proposed for the public street, pending successful negotiations for the-V::alue of said land. We anticipate presentation of the quitclaim to our Board of Directors on April 6, 1999, with a contingency date of April 20, 1999. Issues relative to District access to its lands from the public street, fencing, gates, and the District's pipeline crossing have been resolved. Upon receipt of final improvement plans for this work, a District permit can be issued to allow construction activities to begin. Any questions may be referred to me at (408) 265-2607, extension 2253. Sincerely, A~& Sue A. Tippets, P.E. Supervising Engineer Community Projects Review Unit cc: Mr. Harold Housley City of Campbell 70 North First Street Campbell, CA 95008 lit '-, recycled paper MAR-01-1999 13:31 3475B N 1ST RM 600 408 493 9869 P.02/02 PACIFICElBELL, A Pacific Telesis Company 341')[' NC)r!iI First Slll,~:l. f1 <'00 S~II.I/l"H. C~liilll"ld ~~1:9, Mr. Kenneth Nuemeister 900 Welch Road, Suite 10 Palo Alto, CA 94304 March 1, 1999 Re: # N2-1641U, CAMPBELL TECHNOLOGY PARK Dear Mr. Neumeister, I.have consulted with the Pacific Bell design Engineer on the above referenced project. With the following changes, we approve the portion of the proposed parcel map prepared by HMH, Incorporated allowing for an easement in our name with ingress and egress: 1. Easement is granted and recorded to Pacific Bell. 2. Easement is at least 26' X 32' as shown on map. 3. There is an extra 10' wide strip connecting the easement to Campbell Technology Parkway, set back 10' from the private driveway easement. See sketch provided. Please feel free to contact me if you have any questions and I or concerns. TOTAL P.02 I.. San Jose Water Company 374 West Santa Clara St. San Jose, CA 95196-0001 ENGINEERING & OPERA nONS 1221 S. Bascom Ave., SJ. 95128 Facsimile: 408-292-5812 Writer's Direct Dial: 408-279-7873 February 18, 1999 RECErVED FEB 1 9 1999 PU61..IC WORKS ADMINISTRATION Mr. Harold Housley City of Campbell 70 North First Street Campbell, CA 95008 Reference: Campbell Technology Park Dear Mr. Housley: This letter is being written at the request of Huettig & Schromm, Inc. regarding the parcel map for the above-referenced project. Please be informed that this office has reviewed the parcel map prepared by the firm of HMH, Incorporated dated December 1998 and it appears that the proposed street dedications and Public Utility Easements will be adequate and satisfactory for the installation of our proposed water facilities. San Jose Water Company will have no objection to the recordation ofthe parcel map for this project. Additionally, we do not anticipate any conflicts occurring between any existing San Jose Water Company water line easements or rights (if present) and those resulting from the creation ofthis map. San Jose Water Company reserves the right to require additional easements at a later date, if needed. If you have any questions or require further information, please contact this office. Sinc.erely. S~N JOjSE WATER COMPANY ~Jl\\\:i ~ UjQ~Ji~ Wayn~arren '\ New Business Supervisor WSW/ww NB83-293 cc: Ken Neumeister, Huettig & Schramm, Inc, forms/cmblclr5 JAM 2 5 1999 WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY SERVING RESIDENTS OF CITY OF CAMPBELL TOWN OF LOS GATOS CITY OF MONTE SERENO CITY OF SARATOGA UNINCORPORATED AREA January 20, 1999 Mr. Kenneth A. Neumeister Huettig & Schromm, Inc. 900 Welch Road, Suite 10 Palo Alto, CA 94304 RE: WTA Campbell Technology Park, Cristich Lane (Former Winchester Drive-In Site, Campbell) Dear Mr. Neumeister: The District has reviewed your December 15, 1998 letter concerning the existing sewer easements on the above-referenced site. The proposed Campbell Technology Park involves the construction of approximately 2,000 lineal feet of sanitary sewer main. The new sewer system will replace the existing sewer system. The district intends to abandon the existing sewer system, including the easements, after the new sewer system is completed and accepted by the District's Board of Directors. Our staff is working closely with your civil engineer on this issue. If you have any questions, please give me a call. Please accept my apologies for the lateness of my response. Very truly yours, Robert R. Reid District Manager and Engineer onathan K. Lee ngineering Manager 100 East Sunnyoaks Avenue, Campbell, California 95008-6608 Tel: (408) 378-2407 Fax: (408) 364-1821 ,...... County of Santa Liara Tax Collector Tax Roll Control Division County Government Center, East Wing 70 West Hedding Street San Jose, California 95110 (408) 808-7979 FAX 287-2441 Statement of Subdivision Security To Be Posted with the Clerk of the Board of Supervisors Prior to Map Recordation Alliance Title Company February 25, 1999 Pat Correa According to our records dated 2-25-99 , there are no unpaid County, Municipal or local taxes, or special assessments collectible by this County, or taxes or assessments against the land within the subdivision or parcel designated as : 412-29-007 or against any part thereof as shown by the assessment rolls on file in the Office of the Tax Collector, except taxes and special assessments collected as taxes, which are not yet payable. For the Tax Year 1999/2000, the security required to be posted with the Clerk of the Board of Supervisors prior to recordation of this parcel or tract map is as follows: Type of Security Re2ular Tax Supplemental Tax Cashier's Check $113,860.00 $41,520.00 Passbook $123,340.00 $44,980.00 Certificate of Deposit Letter of Credit Surety Bond $132,830.00 $48,440.00 Total Security $155,380.00 $168,320.00 $181,270.00 The amount of security for taxes specified above will remain in effect through October 31. 1999. If the parcel or tract map designated above is not recorded in the Recorder's Office on or prior to this date, a new certificate of tax clearance must be obtained. This letter does not include any assessments for any assessment district; liens or otherwise, not shown by the assessment rolls or other official records of this office. Emma L Rock Tax Collector county Government Ccntc.~r. F.asr Winl-t 70 wesr Hedding Street. 1011) Floor San Jose. callfomia 95 I I () (408) 2Q0.4.32 I 2QQ.2323 FAX 2~ rot) ~'3-A272 County of santa Clard Office of The Board of supervisor!:; :cgnING OF MAPS SE('TlR~i'i=~~cr:iffk~~~~~~~ The following information must be completed: 1. APN # 412-29-007 2. SECURITY FOR FISCAL YEAR: 1999/2000 3, TRACT NUMBER (ifappJicable): 4. CHECK ONE BOX ONLY o I am submitting a Cashier's Check. I auIborize 1bat 1hcse fuods be furwarded to the Tax CollectOr to satisfy 1I1e fiscal year taX obligation. Excess funds will be refunded within 60 days from the date that these fuDds are applied 10 1he tax bill(s). o I am submitting a Cashier's Check to be held in truSt. o I am submitting a Cenmwe of Deposit. o I am submittin& a Passbook A~unt m 1 am submitting a Surety Bond. The following mual be completed: NameoflDsurll1CeCompany [Ini ted PrlC:: fi c: In,llrrln("p Cnmp;:lny ("/n AON Ri sk Servi ces AddressoflDsuranceCompany One Market_ San Francisco. CA gUM Telephone Number oflnsurmco CompIllY (41~ 543-9360 I understand 1hat if1he secured taXes are allowed 10 beconte delinqu<<ltt the above named security will be used to satisfy the tiscal y.- taX obligation. A writteo request must be submitted 10 the Clerk of tbe Board in order to obtain release of 1bis security. 5. PLEASE PRINT THE NAME AND ADDRESS OF THE GUARANTOR pOS11NG sBCURI1Y: Name WTA Campbell Technoloqy Park LLC Addr~s 900 Welch Road~ Suite 10 Palo Alto. CA 94304 ~ 6. SIGNA1UllE Of GUARANTOllPOSllNG S~ Telephone Number (650) 322-2121 Date 3/2/99 Board of SupervLc;or!O; MiChael M. ~ lond<'l UIt\nCil Alv<lr~,{jo DiSlriCt I Dil:<lriC'! :2 HOIl 'C;()l17.1l1f>S ()L~trin :i .J...m~s T, A/"'illl. Jr, ()ISlfin 4- nlanne M(OKc:ruKl [)i~\ rlc:t r. e ..... ALLIANCE TITLE COMPANY Form 1359 (4/75) CL TA Subdivision Guarantee Form No. 14 SUBDIVISION GUARANTEE SUBDIVISION: Parcel Map ORDER NO.DR133735/H372638 FEE $ 250.00 First America.n Title Insura.nce Company a corporation, GUARANTEES The County of Santa Clara located in a sum not exceeding $1000.00. and any City within which said subdivision is That, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easernents offered for dedication by said rnap are: OWNER: WTA CAMPBELL TECHNOLOGY PARK LLC A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: GREAT BAY BANCORP , Iqq ;. I The map hereinbefore referred to is a subdivision of: BEING A SUBDIVISION OF A PART OF SECTION 35,T.7S, R.IW., & PART OF LOT 6 OF PARTITION IN THE SUIT OF E. WILLETT vs. LOTTIE WILLETT et al LYING ENTIRELY WITHIN THE CITY OF CAMPBELL, CALIFORNIA Dated: BYa.J 1/1 ~SIGNATORY ...-"-'''~~, :/""\ /' "\ \ ,,\.E INS II '\"\ / ~~ . . ' . . , , -?"" " *' ".' ". -1' t ~ " .' ~J a II . C' " t1 Q::- . ~ . -{ '. ,.... >1 I""":" /'. i 1::E.;;e, <"":C">J. IC:- =.=~ , ,.... '. SEPTEMBER 24. .: ~ ! ~ v> . . 'l:>. ... "'j, ~ ". 1968 .. ~ 1 'f ..;'. .... 't-; t,_... ..... :if ~ '\,\ t4lIFO\l.\\\'>-_/ \\~ -" --...--- First American Title Insurance Company BY r?~d ~ PRESIDENT r ( GUARANTEE S'\ AMEl{1 "'~ O~ ~ 4- First American Title Insurance Company H ~172638 Form No. 1282 (Rev. 12115195) ... ...... lot name: 2332Pl10TIE --------------------------------------------------------------------------- North: 5284.8086 line Course: N 56-56-04 E North: 5298.3831 Curve length: 47.11 Delta: 89-58-56 Chord: 42.42 Course In: S 56-56-04 ~ RP North: 5282.0152 End North: 5256.8788 line Course: S 56-55-00 ~ North: 5249.1604 line Course: N 00-23-14 ~ North: 5284.8096 line Course: S 74-56-35 E North: 5284.8096 East: 6928.5741 length: 24.88 East: 6949.4248 Radius: 30.00 Tangent: 29.99 Course: S 11-55-32 ~ Course Out: S 33-05-00 E East: 6924.2833 East: 6940.6591 length: 14.14 East: 6928.8115 length: 35.65 East: 6928.5706 length: 0.00 East: 6928.5706 Perimeter: 121.79 Area: 842 sq.ft. 0.02 acres Mapcheck Closure - (Uses Error Closure: 0.0037 Error North: 0.00096 Precision 1: 32,919.72 listed courses, radii, and deltas) Course: N 74-56-35 ~ East: -0.00357 lot name: 2332pl10PAE --------------------------------------------------------------------------- North: 5284.8049 line Course: N 00-23-14 ~ North: 5334.8638 Curve length: 30.67 Delta: 8-01-22 Chord: 30.64 Course In: N 64-57-26 E RP North: 5427.5653 End North: 5308.0793 line Course: S 33-03-56 E North: 5298.3831 line Course: S 56-56-04 ~ North: 5284.8086 line Course: S 44-21-27 ~ North: 5284.8015 East: 6928.5705 length: 50.06 East: 6928.2322 Radius: 219.00 Tangent: 15.36 Course: S 29-03-15 E Course Out: S 56-56-04 ~ East: 7126.6444 East: 6943.1122 length: 11.57 East: 6949.4248 length: 24.88 East: 6928.5741 length: 0.01 East: 6928.5672 Perimeter: 117.18 Area: 501 sq.ft. 0.01 acres Mapcheck Closure - (Uses Error Closure: 0.0048 Error North: -0.00343 Precision 1: 24,395.02 listed courses, radii, and deltas) Course: S 44-21-27 ~ East: -0.00336 lot name: 2332pl10street --------------------------------------------------------------------------- North: 5256.8712 line Course: N 56-55-00 E North: 5321.9866 line Course: N 33-05-00 ~ North: 5323.3859 Curve length: 54.11 Delta: 73-49-08 Chord: 50.45 Course In: N 16-53-04 ~ RP North: 5363.5753 End North: 5340.6602 line Course: N 33-03-56 ~ North: 5362.0053 Curve length: 58.84 Delta: 21-04-15 East: 6940.6587 length: 119.29 East: 7040.6091 length: 1.67 East: 7039.6975 Radius: 42.00 Tangent: 31.55 Course: N 69-58-30 ~ Course Out: S 56-56-04 ~ East: 7027.4989 East: 6992.3010 length: 25.47 East: 6978.4046 Radius: 160.00 Tangent: 29.76 Chord: 58.51 Course: N 22-31-49 \J Course In: N 56-56-04 E Course Out: S 78-00-19 \J RP North: 5449.3010 East: 7112.4921 End North: 5416.0495 East: 6955.9854 Line Course: S 56-55-00 \J Length: 33.63 North: 5397.6923 East: 6927.8076 Line Course: S 00-23-14 E Length: 62.83 North: 5334.8638 East: 6928.2322 Curve Length: 30.67 Radius: 219.00 Delta: 8-01-22 Tangent: 15.36 Chord: 30.64 Course: S 29-03-15 E Course In: N 64-57-26 E Course Out: S 56-56-04 \J RP North: 5427.5653 East: 7126.6444 End North: 5308.0793 East: 6943.1122 Line Course: S 33-03-56 E Length: 11.57 North: 5298.3831 East: 6949.4248 Curve Length: 47.11 Radius: 30.00 Delta: 89-58-56 Tangent: 29.99 Chord: 42.42 Course: S 11-55-32 \J Course In: S 56-56-04 \J Course Out: S 33-05-00 E RP North: 5282.0152 East: 6924.2833 End North: 5256.8788 East: 6940.6591 Line Course: S 03-02-49 \J Length: 0.01 North: 5256.8688 East: 6940.6586 Perimeter: 445.20 Area: 7,111 sq.ft. 0.16 acres Mapcheck Closure - (Uses Error Closure: 0.0023 Error North: -0.00233 Precision 1: 190,726.73 listed courses, radii, and deltas) Course: S 03-02-49 \J East: -0.00012 Project: 2332-02-31 Lot Map Check Lot name: 2332PL04 North: 724403.9182 Line Course: N 56-55-00 E North: 724476.7521 Line Course: N 33-05-00 W North: 724581.4868 Line Course: S 56-55-00 W North: 724552.4526 Line Course: S 00-23-14 E North: 724403.9159 Line Course: N 52-01-49 W North: 724403.9159 Wed Aug 26 15:05:48 1998 East: 1196496.6397 Length: 133.43 East: 1196608.4377 Length: 125.00 East: 1196540.2054 Length: 53.19 East: 1196495.6387 Length: 148.54 East: 1196496.6425 Length: 0.00 East: 1196496.6425 Perimeter: 460.16 Area: 11,664 sq.ft. 0.27 acres Mapcheck Closure - (Uses Error Closure: 0.0037 Error North: -0.00225 Precision 1: 125,862.80 listed courses, radii, and deltas) Course: S 52-01-49 E East: 0.00288 P.Ol /-r~f-'~~::~ 1 '~,~~~l .r :1.1.1. ... ... . .\~'l." _..I HMH, Incorporated Civil Engincer$ . Planners · SUNCyors ; I 1:,70 Oa\ctarld Roed. Su. zDO ,:. P.O. Box &'1510 san Jose. CA 95,"'-1510 , Tel' (408) ...7.:1200 r-..: (4DB) "7.2222 FAX TRANSMITTAL FAX'; Ken Neumeister Cc ~ t-\W\cA.l. +c& - '~-4-0~~ DATE: Huenii- Sc.hramm.Inc. ~sD1H' (650) 322-5029 ~4 JOB NO: Kevin Maple k1-. \(~ Ne~~*("" PAGES: February 9, 1999 TO; 2331-02 2 FROM: Re: Campbell TQ;hnoJogy Puk MESSAGE: For your ~vi.w and comm.nt. l) '---, S ee- cJ. l '1; l'\-W\ ~\-d S~~J: We. \~+\e c..T 'R.O.W CY~L-rlC.~ lA.Y'\~ \ C v\ ~ ~ \\', CI... " a..l ; j v'\ "^ Q Nt" t-o ? Y\uw . c. v ('( V'-' t" I'~,'" ,/ / / rr'~9..t!~. I' , / NOTE If thi~ transmi~lJion is not complete. please ca. (408) 487.2200 .-09-99 11: 06A n: t' ': ; ':! 'f:J '~~ :_'\~'i n~.!:1, ~ .. .'. : .-.;-. . ...... P.02 \ 1 , I J - J 4.: 111 i~ )' fC'1 1 ~~ I <:t " , 'l, .,' "' f" ,'; (, v, n , ; / It) t'. (' 1. '-' f , ~ j /,.'" .,1 /"1 ,/ ! ,'. ,(.J; , ^ ' '/ /" . ":'-: " / i 0/1 C, "\ v' i '-1' / / !' .), ,J ~-) ",:. '-l.) '~'." '-~)~ , ' '" fI> " 1'0 UJ, " ~ ,..h ~ C'ii ~~ ~ f>'''\ I,.. -"", J ,', ., ,-. .c, .~ ", c, ( , /'" /' ,.. / I. ,1..- ~ .....-"t ! (. " /', (j '" / "-' " / X)," ,1., " / // " ./ ,~ ~, > / , i ,( /; !. .,......1.) " .. I ('-J -~~) " 0) * , '...~,; -\'1', ,'-) . ~" J ~ \ j ! \ \ \ .f '/./\ I , / I ..h. \.~'~ Ie) ~ '" A .....L. ("1"""'; .....T'~j! .) (> r-) / .c~''1i.. I :'~~ r ~.;;l i \ \" ,,., 4 'I, \~~ ' '" .:. " \ \ )\ i- \~ '\j\\ .~.I c: ,--,. \' ~ -i 1 V \ ) " \ Jl '\ ., l.) \, '\"\ In " , \ '1,/, "">/';j . ..'";, ?^:"l -'j \ ... \ r. ) ."". .. \ " ,- ~ I): , 1 1 , " \ " !') " < \....-:~ :'!_,' ~;\ ". ',. .;r ...' "'p. . . ~'I,~Gr., _ ~~::;,- ''j' _," J;:1\, ,.,~.. t-.,. '~. '~:~:(~~:::) , "- '.... "r ;." ' '. ) ',' \ . ~::'~.~ , \' " i \ \ \ \ ....::-.. '- .""..:'.. v. ,......j ::J '~. ,i~ ,/.-""-"" :.'''' ' /r/ ' ". ,~;.,.."" j1 II , , "'t,,)_ {NVBV .\3~ illf (:. 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';'}""':" \ , ..~ ' ...... , ......, I I I f 1- Q) ~ ............ ~ ; l ,. j., 0::: : W r- eo o f-- U o ,." ~ 0 /I CD 0::: ~j~ 'f, ," I ,) ~.' ~/ ,,(JF( ;~j./.f i-~ (; I C r , i 1l. r', ~',l\ ir '!l .~ "'"..): 1"" \ ,l'~ , r I y' '}~'J ;) ~.. i ::C:i r./ .....-~- 1..~1 ~J ~ J ~ co m ............ o .. m "00::: t) C C ~ o ... Q :E ~ L.:' 0.1 "0 ci t) WI ~ .~I t) 0 o n: ; r ' I ! 1'1 [i ij t) +'" 0 o 0 o (/) .i Q ~) .fr l. r: I i r I I', ( ~ . Q ~ '! , . I I ,1) o ~ " '" s~ s "S ~ o CI) t.. ~ ~ ~ 't:S ( Q ~;!: Cf) Q:; ~ ,;.' " i \ , ,j (f ... l-.t t..; },,,. f, L,. ..> ~. r' ,:2 r:v r:. 'J' l{ ....,.r ~:,~ I J I_ ~~~ ~Q t:ul~ .~ ~O ~O C1J~ ~ ~ l..~ II': " I :!~ ~,( ~., "f Ji : ~i :j, -i I:~, : n> '-j, " i ,- , ;' ! , ~, ~V.)..Y- , ~.r ....... ~S' i~"""" ~I>- . 'C'-l'"~ ~ ~--1~ ..,.ct"~~ ~~V' .... "... ~'L: i;i; (, , <.Ill l"',;~ J I-J",,( "{\ tJ: ~',~:' ~~ ~;; (, ; ;" C/. t;'~~ ~~:i ~) ?: r' :1f ~.r,., :.,. (~": '!;i ;}~ ",.", I .. . ' . ; j (, ..p, C. 'j ..', tI;1~ ,,<i h~ ~4 d' 1\ ,-...' " , , .........., ! i I i ...."l .~ IMI <. ~_~." '._.~.O< ..~., ' HMH, In(,,-,rporated Civil Engineers . Planners . Surveyors James T. Harper William J. Wagner, R.C.E. December 28, 1998 HMH 2332-02-31 Page 1 of 15 pages MAP CHECK CALCULA nONS PARCEL MAP Campbell Technology Park CAMPBELL, CALIFORNIA ~t:> ... s\~'i. e~~ ...~ \,: f::l'\ ~o\~o~ ".\~~ s~ \ " "'"~ ~~~\ <t. 0 '?> V O,?I'\~ These calculations were derived from the Parcel Map. ,~ ! / r /2. !C}0 . J- date , /- /'/ ! Z -. /. // . p f;rp- /7 ~~/i// l> Steven M. Mendenhall LS 4444" License expires 9-30-01 Cla~b ...(\ \.AND s~ %:-'~ #rt-.~ .~ (~ ti STEVEN ~,1; 8 ::.J I MENDENHALL :Xl g 8~1:? \ Exp. 09.3()...,:01 j, 1:? D ~ '"- No, 4444h~ ! fA ~ro"'" ~ cf' l>'; ~'OF c.~\.\ft:~'>.i ~;lU:.llO,p 2332MCPK. WPD 1570 Oakland Road, Suite 200 . P.O. Box611510. San Jose, CA95161-1510. Tel: (408)487-2200. Fax: (408)487-2222 December 28, 1998 HMH 2332-02-31 Page 2 of 15 pages Lot name: 2332-1 North: 1517.3075 Line Course: N 89-50-00 W North: 1518.1042 Curve Length: 520.15 Delta: 9-56-03 Chord: 519.50 Course In: S 64-54-35 E RP North: 245.9669 End North: 1967.7445 Line Course: S 53-38-08 E North: 1798.4246 Line Course: N 50-33-30 E North: 1822.9024 Line Course: N 38-36-32 E North: 1971.3807 Line Course: S 51-23-28 E North: 1944.4363 Curve Length: 61.59 Delta: 25-39-49 Chord: 61.07 Course In: S 38-36-32 W RP North: 1836.9906 End North: 1896.6782 Line Course: S 25-43-39 E North: 1872.3277 Curve Length: 82.59 Del ta: 14-40-24 Chord: 82.37 Course In: S 24-46-06 E RP North: 1579.4947 End North: 1828.5524 Line Course: S 50-33-30 W North: 1517.3100 Line Course: S 64-54-52 W North: 1517.3057 Perimeter: 2012.48 Mapcheck Closure - (Uses Error Closure: 0.0041 Error North: -0.00173 precision 1: 494,374.30 East: 3592.4157 Length: 273.90 East: 3318.5168 Radius: 3000.00 Tangent: 260.73 Course: N 30-03-26 E Course Out: N 54-58-32 W East: 6035.4391 East: 3578.7173 Length: 285.57 East: 3808.6760 Length: 38.53 East: 3838.4316 Length: 190.01 East: 3956.9980 Length: 43.18 East: 3990.7399 Radius: 137.50 Tangent: 31.32 Course: S 38-33-34 E Course Out: N 64-16-21 E East: 3904.9398 East: 4028.8092 Length: 27.03 East: 4040.5427 Radius: 322.50 Tangent: 41.52 Course: S 57-53-42 W Course Out: N 39-26-30 W East: 4175.6542 East: 3970.7724 Length: 489.92 East: 3592.4210 Length: 0.01 East: 3592.4120 Area: 152,777 sq.ft. 3.51 acres listed courses, radii, and deltas) Course: S 64-54-52 W East: -0.00369 Lot name: 2332-2 --------------------------------------------------------------------------- North: 2638.1613 Line Course: S 38-36-32 W North: 2247.8324 Line Course: N 51-23-28 W North: 2263.8880 Line Course: S 38-36-32 W North: 2115.4096 Line Course: S 50-33-30 W North: 2090.9318 Line Course: N 53-38-08 Y North: 2260.2518 Curve Length: 592.45 Delta: 11-18-54 Chord: 591.49 Course In: S 54-58-32 E 2332MCPK. WPD East: 4001.6525 Length: 499.51 East: 3689.9579 Length: 25.73 East: 3669.8518 Length: 190.01 East: 3551.2854 Length: 38.53 East: 3521.5298 Length: 285.57 East: 3291.5712 Radius: 3000.00 Tangent: 297.19 Course: N 40-40-55 E Course Out: N 43-39-38 Y December 28, 1998 HMH 2332-02-31 Page 3 of 15 pages RP North: 538.4742 East: 5748.2930 End North: 2708.8020 East: 3677.1394 Line Course: N 46-20-20 E Length: 148.64 North: 2811.4218 East: 3784.6709 Line Course: S 51-23-28 E Length: 277.66 North: 2638.1617 East: 4001.6410 Line Course: S 88-06-32 E Length: 0.01 North: 2638.1614 East: 4001.6510 Perimeter: 2058.11 Area: 222,426 sq.ft. 5.11 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0016 Course: N 88-06-36 Y Error North: 0.00005 East: -0.00156 Precision 1: 1,316,972.54 Lot name: 2332-3 --------------------------------------------------------------------------- North: 2818.4192 Line Course: S 46-20-20 Y North: 2518.9136 Line Course: S 51-23-28 E North: 2345.6535 Line Course: S 38-36-32 Y North: 2296.8145 Line Course: S 51-23-28 E North: 2147.1729 Line Course: S 83-39-40 E North: 2136.7922 Line Course: N 06-21-02 E North: 2597.9748 Line Course: N 07-21-02 E North: 2817.7834 Line Course: N 89-50-16 Y North: 2818.4195 Line Course: S 88-07-34 E North: 2818.4192 East: 4385.6651 Length: 433.82 East: 4071.8241 Length: 277.66 East: 4288.7942 Length: 62.50 East: 4249.7942 Length: 239.81 East: 4437.1874 Length: 94.02 East: 4530.6326 Length: 464.03 East: 4581.9595 Length: 221.63 East: 4610.3148 Length: 224.66 East: 4385.6557 Length: 0.01 East: 4385.6657 Perimeter: 2018.14 Area: 218,580 sq.ft. 5.02 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0006 Course: S 88-07-33 E Error North: -0.00002 East: 0.00062 Precision 1: 3,236,503.49 Lot name: 2332-4 --------------------------------------------------------------------------- North: 1602.2952 Line Course: N 00-23-14 Y North: 1877.1389 Line Course: S 89-56-36 E North: 1877.1354 Line Course: N 06-21-02 E North: 2136.7922 line Course: N 83-39-40 Y North: 2147.1729 Line Course: N 51-23-28 W North: 2296.8145 Line Course: S 38-36-32 W North: 1955.3245 2332MCPK. WPD East: 4500.0518 Length: 274.85 East: 4498.1943 Length: 3.54 Eas t: 4501.7343 Length: 261.26 East: 4530.6326 Length: 94.02 East: 4437.1874 Length: 239.81 East: 4249.7942 Length: 437.01 East: 3977.0996 December 28, 1998 HMH 2332-02-31 Page 4 of 15 pages Line Course: S 51-23-28 E Length: 17.45 North: 1944.4357 East: 3990.7354 Curve Length: 61.59 Radius: 137.50 Delta: 25-39-49 Tangent: 31.32 Chord: 61.07 Course: S 38-33-34 E Course In: S 38-36-32 W Course Out: N 64-16-21 E RP North: 1836.9900 East: 3904.9353 End North: 1896.6776 East: 4028.8048 Line Course: S 25-43-39 E Length: 27.03 North: 1872.3271 East: 4040.5383 Curve Length: 581.73 Radius: 322.50 Delta: 103-21-06 Tangent: 408.00 Chord: 506.01 Course: S 63-05-32 E Course In: S 24-46-05 E Course Out: N 78-35-01 E RP North: 1579.4935 East: 4175.6483 End North: 1643.3284 East: 4491.7675 Line Course: S 11-25-00 E Length: 41.86 North: 1602.2966 East: 4500.0534 Line Course: S 47-18-50 W Length: 0.00 North: 1602.2966 East: 4500.0534 Perimeter: 2040.15 Mapcheck Closure - (Uses Error Closure: 0.0022 Error North: 0.00149 Precision 1: 930,652.66 Area: 163,112 sq.ft. 3.74 acres listed courses, radii, and deltas) Course: N 47-18-50 E East: 0.00161 Lot name: 2332-BND --------------------------------------------------------------------------- North: 4113.2733 Line Course: S 46-20-20 W North: 3711.1478 Curve Length: 1112.60 Del ta: 21-14-57 Chord: 1106.24 Course In: S 43-39-38 E RP North: 1540.8200 End North: 2812.9573 Line Course: S 89-50-00 E North: 2811.9324 Line Course: N 50-33-30 E North: 3084.7905 Curve Length: 561.33 Delta: 118-01-30 Chord: 467.22 Course In: S 39-26-29 E RP North: 2874.3456 End North: 2928.2836 Line Course: S 11-25-00 E North: 2847.3278 Curve Length: 45.35 Delta: 57-44-40 Chord: 43.46 Course In: S 31-25-16 W RP North: 2808.9266 End North: 2809.5820 Line Course: S 89-50-00 E North: 2809.5238 Line Course: N 00-23-14 W North: 3171.9955 Line Course: S 89-56-36 E 2332MCPK. WPD East: 6916.4762 Length: 582.46 East: 6495.1037 Radius: 3000.00 Tangent: 562.77 Course: S 35-42-53 W Course Out: N 64-54-35 W East: 8566.2573 East: 5849.3350 Length: 352.32 East: 6201.6535 Length: 429.50 East: 6533.3442 Radius: 272.50 Tangent: 453.74 Course: S 70-25-44 E Course Out: N 78-35-01 E East: 6706.4603 East: 6973.5688 Length: 82.59 East: 6989.9169 Radius: 45.00 Tangent: 24.81 Course: S 29-42-24 E Course Out: N 89-09-56 E East: 6966.4573 East: 7011.4525 Length: 20.00 East: 7031.4525 Length: 362.48 East: 7029.0027 Length: 3.54 December 28, 1998 HMH 2332-02-31 Page 5 of 15 pages North: 3171.9920 East: 7032.5427 Line Course: N 06-21-02 E Length: 725.29 North: 3892.8314 East: 7112.7680 Line Course: N 07-21-02 E Length: 221.63 North: 4112.6401 East: 7141.1233 Line Course: N 89-50-16 W Length: 224.66 North: 4113.2762 East: 6916.4642 Line Course: S 76-33-15 E Length: 0.01 North: 4113.2738 East: 6916.4739 Perimeter: 4723.77 Area: 815,643 sq.ft. 18.72 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0023 Course: N 76-33-12 W Error North: 0.00054 East: -0.00225 precision 1: 2,037,526.62 Lot name: 2332-CL --------------------------------------------------------------------------- North: 1199.9923 Line Course: N 44-28-16 E North: 1257.7371 Line Course: N 50-33-30 E North: 1494.0023 Curve Length: 617.98 Delta: 118-01-30 Chord: 514.37 Course In: S 39-26-30 E RP North: 1262.3208 End North: 1321.7035 line Course: S 11-25-00 E North: 1229.6615 Curve length: 33.06 Delta: 3-59-15 Chord: 33.05 Course In: N 78-35-01 E RP North: 1323.6819 End North: 1197.5116 Line Course: S 89-50-00 E North: 1197.4980 line Course: N 00-23-14 W North: 1285.1260 line Course: N 11-25-00 W North: 1326.1578 Curve length: 664.33 Delta: 118-01-30 Chord: 552.95 Course In: S 78-35-01 W RP North: 1262.3229 End North: 1511.3815 line Course: S 50-33-30 W North: 1200.1391 line Course: S 89-50-00 E North: 1199.9973 line Course: S 07-06-08 W North: 1199.9874 East: 4635.2021 length: 80.92 East: 4691.8906 length: 371.90 East: 4979.0985 Radius: 300.00 Tangent: 499.53 Course: S 70-25-45 E Course Out: N 78-35-00 E East: 5169.6862 East: 5463.7502 length: 93.90 East: 5482.3370 Radius: 475.00 Tangent: 16.54 Course: S 13-24-37 E Course Out: S 74-35-46 W East: 5947.9390 East: 5490.0022 length: 4.68 East: 5494.6822 Length: 87.63 East: 5494.0900 Length: 41.86 East: 5485.8041 Radius: 322.50 Tangent: 537.00 Course: N 70-25-44 W Course Out: N 39-26-29 W East: 5169.6849 East: 4964.8043 length: 489.92 East: 4586.4530 Length: 48.75 East: 4635.2027 length: 0.01 East: 4635.2015 Perimeter: 2534.93 Area: 27,675 sq.ft. 0.64 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0050 Course: S 07-06-08 W Error North: -0.00493 East: -0.00061 2332MCPK. WPD December 28, 1998 HMH 2332-02-31 Page 6 of 15 pages Precision 1: 510,739.27 --------------------------------------------------------------------------- Lot name: 2332-EASE-1A North: 1564.5402 East: 5994.3267 Curve Length: 860.15 Radius: 2947.00 Del ta: 16-43-23 Tangent: 433. 15 Chord: 857.10 Course: S 37-58-39 \J Course In: S 43-39-40 E Course Out: N 60-23-03 \J RP North: -567.4254 East: 8028.9106 End North: 888.9293 East: 5466.9114 Curve Length: 37.21 Radius: 25.00 Delta: 85-16-07 Tangent: 23.02 Chord: 33.87 Course: S 13-01-06 E Course In: S 60-23-03 E Course Out: S 34-20-50 \J RP North: 876.5748 East: 5488.6454 End North: 855.9339 East: 5474.5402 Line Course: S 55-39-10 E Length: 194.34 North: 746.2860 East: 5634.9938 Curve Length: 1.62 Radius: 10.00 Delta: 9-17-22 Tangent: 0.81 Chord: 1.62 Course: S 60-17-51 E Course In: N 34-20-50 E Course Out: S 25-03-28 \J RP North: 754.5423 East: 5640.6359 End North: 745.4835 East: 5636.4006 Line Course: N 50-33-30 E Length: 424.51 North: 1015.1715 East: 5964.2377 Curve Length: 71.40 Radius: 322.50 Del ta: 12-41-04 Tangent: 35.84 Chord: 71.25 Course: N 56-54-02 E Course In: S 39-26-30 E Course Out: N 26-45-26 \J RP North: 766.1138 East: 6169.1194 End North: 1054.0812 East: 6023.9264 Curve Length: 11.11 Radius: 20.00 Delta: 31-48-51 Tangent: 5.70 Chord: 10.96 Course: N 05-21-22 \J Course In: N 79-26-56 \J Course Out: N 68-44-13 E RP North: 1057.7435 East: 6004.2646 End North: 1064.9965 East: 6022.9031 Curve Length: 65.86 Radius: 120.00 Delta: 31-26-42 Tangent: 33.78 Chord: 65.03 Course: N 36-59-08 \J Course In: S 68-44-13 \J Course Out: N 37-17-31 E RP North: 1021.4784 East: 5911.0720 End North: 1116.9455 East: 5983.7772 Curve Length: 63.75 Radius: 40.00 Delta: 91-19-01 Tangent: 40.93 Chord: 57.21 Course: N 07-02-59 \J Course In: N 37-17-31 E Course Out: N 51-23-28 \J RP North: 1148.7678 East: 6008.0123 End North: 1173.7279 East: 5976.7553 Line Course: N 38-36-32 E Length: 383.31 North: 1473.2554 East: 6215.9411 Curve Length: 15.71 Radius: 10.00 Delta: 90-00-00 Tangent: 10.00 Chord: 14.14 Course: N 06-23-28 \J Course In: N 51-23-28 \J Course Out: N 38-36-32 E RP North: 1479.4954 East: 6208.1269 End North: 1487.3096 East: 6214.3669 Line Course: N 51-23-28 \J Length: 200.96 North: 1612.7088 East: 6057.3320 Curve Length: 14.36 Radius: 10.00 2332MCPK. WPD December 28, 1998 HMH 2332-02-31 Page 7 of 15 pages Delta: 82-16-12 Chord: 13.16 Course In: S 38-36-32 W RP North: 1604.8946 End North: 1612.1289 Line Course: S 46-20-20 W North: 1564.5472 Line Course: S 16-52-47 W North: 1564.5376 Perimeter: 2413.20 Mapcheck Closure - (Uses Error Closure: 0.0028 Error North: -0.00264 Precision 1: 874,724.41 Tangent: Course: Course Out: East: East: Length: 68.92 East: Length: 0.01 East: 8.73 S 87-28-26 W N 43-39-40 W 6051.0920 6044. 1880 5994.3288 5994.3259 Area: 259,526 sq.ft. 5.96 acres listed courses, radii, and deltas) Course: S 16-52-48 W East: -0.00080 Lot name: 2332-EASE-1B ----.---------------------------------------------------------------------- North: 2929.5102 Line Course: S 89-50-16 E North: 2928.8741 Line Course: S 07-21-02 W North: 2923.4590 Line Course: S 68-40-12 W North: 2909.9824 Line Course: N 89-51-28 W North: 2910.4056 Curve Length: 24.46 Delta: 43-48-12 Chord: 23.87 Course In: S 00-08-32 W RP North: 2878.4057 End North: 2901.5557 Line Course: S 46-20-20 W North: 2514.3427 Curve Length: 882.98 Del ta: 16-57-56 Chord: 879.76 Course In: S 43-39-39 E RP North: 357.0468 End North: 1819.7251 Curve Length: 77.17 Delta: 85-01-35 Chord: 70.28 Course In: S 60-37-35 E RP North: 1794.2190 End North: 1751.2860 Line Course: S 55-39-10 E North: 1643.3984 Line Course: S 50-33-30 W North: 1628.4055 Line Course: N 89-50-00 W North: 1629.2023 Curve Length: 1112.60 Delta: 21-14-57 Chord: 1106.24 Course In: S 64-54-35 E RP North: 357.0650 End North: 2527.3928 Line Course: N 46-20-20 E North: 2929.5183 2332MCPK. WPD East: 14739.9720 Length: 224.66 East: 14964.6311 Length: 5.46 East: 14963.9325 Length: 37.05 East: 14929.4204 Length: 170.50 East: 14758.9209 Radius: 32.00 Tangent: 12.86 Course: S 68-14-26 W Course Out: N 43-39-40 W East: 14758.8415 East: 14736.7490 Length: 560.86 East: 14331.0027 Radius: 2982.00 Tangent: 444.75 Course: S 37-51-23 W Course Out: N 60-37-35 W East: 16389.7398 East: 13791.1063 Radius: 52.00 Tangent: 47.67 Course: S 13-08-22 E Course Out: S 34-20-50 W East: 13836.4212 East: 13807.0824 Length: 191.22 East: 13964.9601 Length: 23.60 East: 13946.7345 Length: 273.90 East: 13672.8356 Radius: 3000.00 Tangent: 562.77 Course: N 35-42-53 E Course Out: N 43-39-38 W East: 16389.7579 East: 14318.6043 Length: 582.46 East: 14739.9768 December 28, 1998 HMH 2332-02-31 Page 8 of 15 pages line Course: S 30-48-28 W length: 0.01 North: 2929.5097 East: 14739.9717 Perimeter: 4166.94 Area: 56,513 sq.ft. 1.30 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0005 Course: S 30-48-34 W Error North: -0.00047 East: -0.00028 Precision 1: 7,616,686.87 Lot name: 2332-EASE-3A --------------------------------------------------------------------------- North: 2004.5744 Line Course: N 46-20-20 E North: 2085.4883 Curve length: 3.82 Delta: 43-48-12 Chord: 3.73 Course In: S 43-39-40 E RP North: 2081.8711 End North: 2086.8711 Line Course: S 89-51-28 E North: 2086.6813 Curve length: 41.97 Delta: 96-11-48 Chord: 37.21 Course In: S 00-08-32 W RP North: 2061.6814 End North: 2058.9211 line Course: S 06-20-20 W North: 1915.7816 Curve length: 7.85 Delta: 90-00-00 Chord: 7.07 Course In: N 83-39-40 W RP North: 1916.3337 End North: 1911.3642 line Course: N 83-39-40 W North: 1925.5308 line Course: N 43-42-11 W North: 1943.6185 line Course: N 06-20-20 E North: 1976.4168 Line Course: N 43-42-11 W North: 2004.5821 line Course: S 38-40-52 W North: 2004.5743 East: 6909.3922 length: 117.20 East: 6994.1789 Radius: 5.00 Tangent: 2.01 Course: N 68-14-26 E Course Out: N 00-08-32 E East: 6997.6308 East: 6997.6432 length: 76.48 East: 7074.1230 Radius: 25.00 Tangent: 27.86 Course: S 41-45-34 E Course Out: S 83-39-40 E East: 7074.0609 East: 7098.9081 length: 144.02 East: 7083.0070 Radius: 5.00 Tangent: 5.00 Course: S 51-20-20 W Course Out: S 06-20-20 W Eas t: 7078.0376 East: 70n.4855 length: 128.31 East: 6949.9600 length: 25.02 East: 6932.6731 length: 33.00 East: 6936.3166 Length: 38.96 East: 6909.3984 length: 0.01 East: 6909.3921 Perimeter: 616.65 Area: 25,099 sq.ft. 0.58 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0001 Course: S 38-40-57 W Error North: -0.00009 East: -0.00007 Precision 1: 5,475,720.32 lot name: 2332-EASE-3B --------------------------------------------------------------------------- North: 1757.6843 East: 6722.4755 line Course: N 46-20-20 E length: 185.37 North: 1885.6622 East: 6856.5788 2332MCPK. WPD December 28, 1998 HMH 2332-02-31 Page 9 of 15 pages Curve Length: 8.73 Delta: 50-00-00 Chord: 8.45 Course In: S 43-39-40 E RP North: 1878.4279 End North: 1888.3667 Line Course: S 83-39-40 E North: 1863.6649 Curve Length: 54.98 Del ta: 90-00-00 Chord: 49.50 Course In: S 06-20-20 W RP North: 1828.8789 End North: 1825.0146 Line Course: S 06-20-20 W North: 1477.8501 Curve Length: 21.34 Delta: 122-16-12 Chord: 17.52 Course In: N 83-39-40 W RP North: 1478.9542 End North: 1471.1400 Line Course: N 51-23-28 W North: 1742.6303 Curve Length: 17.06 Delta: 97-43-48 Chord: 15.06 Course In: N 38-36-32 E RP North: 1750.4445 End North: 1757.6789 Line Course: N 41-04-21 W North: 1757.6864 Radius: Tangent: Course: Course Out: East: East: Length: 223.73 East: Radius: Tangent: Course: Course Out: East: East: Length: 349.30 East: Radius: Tangent: Course: Course Out: East: East: Length: 435.08 East: Radius: Tangent: Course: Course Out: East: East: Length: 0.01 East: 10.00 4.66 N 71-20-20 E N 06-20-20 E 6863.4828 6864.5869 7086.9490 35.00 35.00 S 38-39-40 E S 83-39-40 E 7083.0847 7117.8707 7079.3049 10.00 18.14 S 67-28-26 W S 38-36-32 W 7069.3660 7063.1260 6723.1442 10.00 11.45 N 02-31-34 W N 43-39-40 W 6729.3842 6722.4803 Perimeter: 1295.59 Area: 99,017 sq.ft. 2.27 acres 6722.4737 Mapcheck Closure - (Uses Error Closure: 0.0027 Error North: 0.00207 Precision 1: 472,098.01 listed courses, radii, and deltas) Course: N 41-04-22 W East: -0.00180 Lot name: 2332-EASE-4A North: 1348.3307 Line Course: N 51-23-28 W North: 1485.3363 Curve Length: 23.56 Delta: 90-00-00 Chord: 21.21 Course In: S 38-36-32 W RP North: 1473.6149 End North: 1482.9749 Line Course: S 38-36-32 W North: 1191.2929 Curve Length: 7.85 Delta: 90-00-00 Chord: 7.07 Course In: S 51-23-28 E RP North: 1188.1729 End North: 1184.2658 Line Course: S 51-23-28 E North: 1178.8495 Curve Length: 79.43 2332MCPK. WPD East: 6951.0759 Length: 219.56 East: 6779.5065 Radius: 15.00 Tangent: 15.00 Course: S 83-36-32 W Course Out: N 51-23-28 W East: 6770.1465 East: 6758.4251 Length: 373.27 East: 6525.5043 Radius: 5.00 Tangent: 5.00 Course: S 06-23-28 E Course Out: S 38-36-32 W East: 6529.4115 East: 6526.2915 Length: 8.68 East: 6533.0742 Radius: 155.00 December 28, 1998 HMH 2332-02-31 Page 10 of 15 pages Delta: 29-21-44 Chord: 78.57 Course In: S 38-36-32 W RP North: 1057.7288 End North: 1115.8653 Curve Length: 12.09 Delta: 34-37-20 Chord: 11.90 Course In: N 67-58-16 E RP North: 1123.3668 End North: 1106.6600 Curve Length: 312.23 Delta: 55-28-16 Chord: 300.18 Course In: S 19-20-34 E RP North: 802.3638 End North: 1062.8466 Curve Length: 12.94 Delta: 37-04-46 Chord: 12.72 Course In: N 16-33-48 W RP North: 1082.0167 End North: 1070.1603 Line Course: N 36-21-26 E North: 1097.4290 Curve Length: 40.87 Delta: 30-01-06 Chord: 40.40 Course In: N 53-38-34 W RP North: 1143.6688 End North: 1135.0569 Line Course: N 06-20-20 E North: 1343.8724 Curve Length: 5.04 Delta: 57-43-48 Chord: 4.83 Course In: N 83-39-40 W RP North: 1344.4245 End North: 1348.3316 Line Course: S 71-19-11 W North: 1348.3316 Tangent: Course: Course Out: East: East: Radius: Tangent: Course: Course Out: East: East: Radius: Tangent: Course: Course Out: East: East: Radius: Tangent: Course: Course Out: East: East: Length: 33.86 East: Radius: Tangent: Course: Course Out: East: East: Length: 210.10 East: Radius: Tangent: Course: Course Out: East: East: Length: 0.00 East: 40.61 S 36-42-36 E N 67-58-16 E 6436.3541 6580.0383 20.00 6.23 S 39-20-24 E S 33-20-56 W 6598.5782 6587.5835 322.50 169.57 S 81-36-26 E N 36-07-42 E 6694.4016 6884.5462 20.00 6.71 N 54-53-49 E S 53-38-34 E 6878.8447 6894.9515 6915.0243 78.00 20.91 N 21-20-53 E S 83-39-40 E 6852.2080 6929.7312 6952.9281 5.00 2.76 N 22-31-34 W N 38-36-32 E 6947.9586 6951.0786 Perimeter: 1339.48 Area: 109,334 sq.ft. 2.51 acres 6951 .0786 Mapcheck Closure - (Uses Error Closure: 0.0029 Error North: 0.00093 Precision 1: 459,961.09 listed courses, radii, and deltas) Course: N 71-19-11 E East: 0.00276 Lot name: 2332-EASE-4B --------------------------------------------------------------------------- North: 3918.4923 East: 12437.2893 Line Course: S 07-21-02 W Length: 188.81 North: 3731.2340 East: 12413.1330 Line Course: S 06-21-02 W Length: 725.29 North: 3010.3945 East: 12332.9078 Line Course: N 89-56-36 W Length: 3.54 North: 3010.3980 East: 12329.3678 Line Course: S 00-23-14 E Length: 274.85 North: 2735.5543 East: 12331.2253 Line Course: N 11-25-00 W Length: 41.86 North: 2776.5861 East: 12322.9394 2332MCPK. WPD December 28, 1998 HMH 2332-02-31 Page 11 of 15 pages Curve Length: 189.75 Radius: 322.50 Delta: 33-42-38 Tangent: 97.71 Chord: 187.02 Course: N 28-16-18 \J Course In: S 78-35-01 W Course Out: N 44-52-23 E RP North: 2712.7511 East: 12006.8202 End North: 2941.2978 East: 12234.3563 Line Course: N 36-21-26 E Length: 50.20 North: 2981.7257 East: 12264.1158 Curve Length: 43.49 Radius: 83.00 Delta: 30-01-06 Tangent: 22.25 Chord: 42.99 Course: N 21-20-53 E Course In: N 53-38-34 \J Course Out: S 83-39-40 E RP North: 3030.9295 East: 12197.2728 End North: 3021.7656 East: 12279.7654 Line Course: N 06-20-20 E Length: 878.46 North: 3894.8549 East: 12376.7552 Line Course: N 68-40-12 E Length: 64.99 North: 3918.4943 East: 12437.2934 Line Course: S 64-12-18 W Length: 0.00 North: 3918.4943 East: 12437.2934 Perimeter: 2461.24 Mapcheck Closure - (Uses Error Closure: 0.0046 Error North: 0.00199 Precision 1: 538,203.96 Area: 60,971 sq.ft. 1.40 acres listed courses, radii, and deltas) Course: N 64-12-18 E East: 0.00412 Lot name: 2332-EASE-TOTAL --------------------------------------------------------------------------- North: 2507.3781 Line Course: N 55-39-10 W North: 2615.2657 Curve Length: 77.17 Delta: 85-01-35 Chord: 70.28 Course In: N 34-20-50 E RP North: 2658.1986 End North: 2683.7047 Curve Length: 882.98 Del ta: 16-57-56 Chord: 879.76 Course In: S 60-37-35 E RP North: 1221.0265 End North: 3378.3223 Line Course: N 46-20-20 E North: 3765.5353 Curve Length: 24.46 Delta: 43-48-12 Chord: 23.87 Course In: S 43-39-40 E RP North: 3742.3854 End North: 3774.3853 Line Course: S 89-51-28 E North: 3773.9620 Line Course: N 68-40-12 E North: 3787.4386 Line Course: S 07-21-02 \J North: 3760.3034 Line Course: S 68-40-12 \J North: 3736.6640 Line Course: S 06-20-20 W 2332MCPK. WPD East: 10711.7668 Length: 191.22 East: 10553.8891 Radius: 52.00 Tangent: 47.67 Course: N 13-08-22 \J Course Out: N 60-37-35 \J East: 10583.2279 East: 10537.9130 Radius: 2982.00 Tangent: 444.75 Course: N 37-51-23 E Course Out: N 43-39-39 W East: 13136.5465 East: 11077.8094 Length: 560.86 East: 11483.5557 Radius: 32.00 Tangent: 12.86 Course: N 68-14-26 E Course Out: N 00-08-32 E East: 11505.6482 East: 11505.7276 Length: 170.50 East: 11676.2271 Length: 37.05 East: 11710.7392 Length: 27.36 East: 11707.2388 Length: 64.99 East: 11646.7005 Length: 878.46 December 28, 1998 HMH 2332-02-31 Page 12 of 15 pages North: 2863.5747 East: 11549.7107 Curve Length: 43.49 Radius: 83.00 Delta: 30-01-06 Tangent: 22.25 Chord: 42.99 Course: S 21-20-53 \J Course In: N 83-39-40 \J Course Out: S 53-38-34 E RP North: 2872.7387 East: 11467.2182 End North: 2823.5348 East: 11534.0611 Line Course: S 36-21-26 \J Length: 50.20 North: 2783.1069 East: 11504.3016 Curve Length: 49.22 Radius: 322.50 Delta: 8-44-40 Tangent: 24.66 Chord: 49.17 Course: N 49-29-58 \J Course In: S 44-52-22 \J Course Out: N 36-07-42 E RP North: 2554.5592 East: 11276.7666 End North: 2815.0419 East: 11466.9113 Curve Length: 12.94 Radius: 20.00 Delta: 37-04-46 Tangent: 6.71 Chord: 12.72 Course: N 54-53-49 E Course In: N 16-33-48 \J Course Out: S 53-38-34 E RP North: 2834.2120 East: 11461.2098 End North: 2822.3556 East: 114n .3165 Line Course: N 36-21-26 E Length: 33.86 North: 2849.6243 East: 11497.3893 Curve Length: 40.87 Radius: 78.00 Delta: 30-01-06 Tangent: 20.91 Chord: 40.40 Course: N 21-20-53 E Course In: N 53-38-34 \J Course Out: S 83-39-40 E RP North: 2895.8641 East: 11434.5731 End North: 2887.2522 East: 11512.0962 Line Course: N 06-20-20 E Length: 210.10 North: 3096.0677 East: 11535.2931 Curve Length: 5.04 Radius: 5.00 Delta: 57-43-48 Tangent: 2.76 Chord: 4.83 Course: N 22-31-34 \J Course In: N 83-39-40 \J Course Out: N 38-36-32 E RP North: 3096.6198 East: 11530.3237 End North: 3100.5269 East: 11533.4437 Line Course: N 51-23-28 \J Length: 219.56 North: 3237.5325 East: 11361.8743 Curve Length: 23.56 Radius: 15.00 Delta: 90-00-00 Tangent: 15.00 Chord: 21.21 Course: S 83-36-32 \J Course In: S 38-36-32 \J Course Out: N 51-23-28 \J RP North: 3225.8112 East: 11352.5143 End North: 3235.1712 East: 11340.7929 Line Course: S 38-36-32 \J Length: 373.27 North: 2943.4892 East: 11107.8721 Curve Length: 7.85 Radius: 5.00 Delta: 90-00-00 Tangent: 5.00 Chord: 7.07 Course: S 06-23-28 E Course In: S 51-23-28 E Course Out: S 38-36-32 \J RP North: 2940.3692 East: 11111.n93 End North: 2936.4620 East: 11108.6593 Line Course: S 51-23-28 E Length: 8.68 North: 2931.0457 East: 11115.4420 Curve Length: 79.43 Radius: 155.00 Delta: 29-21-44 Tangent: 40.61 Chord: 78.57 Course: S 36-42-36 E Course In: S 38-36-32 \J Course Out: N 67-58-16 E RP North: 2809.9250 East: 11018.7219 End North: 2868.0615 East: 11162.4061 Curve Length: 12.09 Radius: 20.00 Delta: 34-37-20 Tangent: 6.23 Chord: 11. 90 Course: S 39-20-24 E 2332MCPK. WPD December 28, 1998 HMH 2332-02-31 Page 13 of 15 pages Course In: N 67-58-16 E RP North: 2875.5630 End North: 2858.8562 Curve length: 41.73 Delta: 7-24-52 Chord: 41. 70 Course In: S 19-20-34 E RP North: 2554.5601 End North: 2842.5275 Curve length: 11.11 Delta: 31-48-51 Chord: 10.96 Course In: N 79-26-56 W RP North: 2846.1897 End North: 2853.4428 Curve length: 65.86 Delta: 31-26-42 Chord: 65.03 Course In: S 68-44-13 W RP North: 2809.9247 End North: 2905.3917 Curve length: 63.75 Delta: 91-19-01 Chord: 57.21 Course In: N 37-17-31 E RP North: 2937.2141 End North: 2962.1741 line Course: N 38-36-32 E North: 3261.7016 Curve length: 15.71 Delta: 90-00-00 Chord: 14.14 Course In: N 51-23-28 W RP North: 3267.9416 End North: 3275.7559 line Course: N 51-23-28 W North: 3401.1551 Curve length: 14.36 Delta: 82-16-12 Chord: 13.16 Course In: S 38-36-32 W RP North: 3393.3409 End North: 3400.5752 line Course: S 46-20-20 W North: 3352.9934 Curve length: 860.15 Del ta: 16-43-23 Chord: 857.10 Course In: S 43-39-40 E RP North: 1221.0278 End North: 2677.3825 Curve length: 37.21 Delta: 85-16-07 Chord: 33.87 Course In: S 60-23-03 E RP North: 2665.0280 End North: 2644.3871 line Course: S 55-39-10 E North: 2534.7392 Curve length: 1.62 Delta: 9-17-22 Chord: 1.62 Course In: N 34-20-50 E RP North: 2542.9955 2332MCPK. WPD Course Out: East: East: Radius: Tangent: Course: Course Out: East: East: Radius: Tangent: Course: Course Out: East: East: Radius: Tangent: Course: Course Out: East: East: Radius: Tangent: Course: Course Out: East: East: length: 383.31 East: Radius: Tangent: Course: Course Out: East: East: length: 200.96 East: Radius: Tangent: Course: Course Out: East: East: length: 68.92 East: Radius: Tangent: Course: Course Out: East: East: Radius: Tangent: Course: Course Out: East: East: length: 194.34 East: Radius: Tangent: Course: Course Out: East: S 33-20-56 W 11180.9460 11169.9513 322.50 20.90 S 66-57-00 W N 26-45-26 W 11276.7694 11131.5763 20.00 5.70 N 05-21-21 W N 68-44-13 E 11111. 9145 11130.5530 120.00 33.78 N 36-59-08 W N 37-17-31 E 11018.7220 11091.4272 40.00 40.93 N 07-02-59 W N 51-23-28 W 11115.6622 11084.4053 11323.5910 10.00 10.00 N 06-23-28 W N 38-36-32 E 11315.7768 11322.0168 11164.9819 10.00 8.73 S 87-28-26 W N 43-39-40 W 11158.7419 11151.8380 11101.9788 2947.00 433.15 5 37-58-39 W N 60-23-03 W 13136.5627 10574.5635 25.00 23.02 S 13-01-06 E 5 34-20-50 W 10596.2974 10582.1923 10742.6459 10.00 0.81 S 60-17-51 E S 25-03-28 W 10748.2879 December 28, 1998 HMH 2332-02-31 Page 14 of 15 pages End North: 2533.9367 East: 10744.0526 Line Course: S 50-33-30 Y Length: 41.79 North: 2507.3879 East: 10711.7794 Line Course: S 52-08-16 Y Length: 0.02 North: 2507.3756 East: 10711.7636 Perimeter: 6086.04 Area: 270,553 sq.ft. 6.21 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0040 Course: S 52-08-15 Y Error North: -0.00247 East: -0.00318 Precision 1: 1,510,978.33 Lot name: 2332-PARK --------------------------------------------------------------------------- North: 1497.6326 Line Course: S 89-50-00 E North: 1495.6289 Line Course: N 61-56-09 E North: 1539.2453 Curve Length: 18.85 Delta: 24-00-21 Chord: 18.72 Course In: S 07-24-56 Y RP North: 1494.6217 End North: 1533.0227 Line Course: N 11-25-00 Y North: 1613.9785 Curve Length: 561.33 Delta: 118-01-30 Chord: 467.22 Course In: S 78-35-00 Y RP North: 1560.0392 End North: 1770.4833 Line Course: S 50-33-30 Y North: 1497.6252 Line Course: N 28-48-02 Y North: 1497.6340 East: 3685.1787 Length: 688.81 East: 4373.9858 Length: 92.71 East: 4455.7951 Radius: 45.00 Tangent: 9.57 Course: S 70-34-53 E Course Out: N 31-25-17 E East: 4449.9872 East: 4473.4469 Length: 82.59 East: 4457.0989 Radius: 272.50 Tangent: 453.74 Course: N 70-25-45 Y Course Out: N 39-26-30 Y East: 4189.9907 East: 4016.8735 Length: 429.50 East: 3685.1828 Length: 0.01 East: 3685.1780 Perimeter: 1873.80 Area: 174,242 sq.ft. 4.00 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0016 Course: N 28-48-00 Y Error North: 0.00140 East: -0.00077 Precision 1: 1,175,732.01 Lot name: 2332-RY --------------------------------------------------------------------------- North: 1762.1210 Line Course: N 50-33-30 E North: 2034.9790 Curve Length: 561.33 Delta: 118-01-30 Chord: 467.22 Course In: S 39-26-29 E RP North: 1824.5341 End North: 1878.4721 Line Course: S 11-25-00 E North: 1797.5163 Curve Length: 45.35 2332MCPK. WPD East: 5172.2300 Length: 429.50 East: 5503.9207 Radius: 272.50 Tangent: 453.74 Course: S 70-25-44 E Course Out: N 78-35-01 E East: 5677.0369 East: 5944.1454 Length: 82.59 East: 5960.4934 Radius: 45.00 December 28, 1998 HMH 2332-02-31 Page 15 of 15 pages Del ta: 57-44-40 Tangent: 24.81 Chord: 43.46 Course: S 29-42-24 E Course In: S 31-25-16 \I Course Out: N 89-09-56 E RP North: 1759.1152 East: 5937.0338 End North: 1759.n05 East: 5982.0291 Line Course: S 89-50-00 E Length: 20.00 North: 1759.7123 East: 6002.0290 Line Course: N 00-23-14 \I Length: 87.63 North: 1847.3403 East: 6001.4368 Line Course: N 11-25-00 \I Length: 41. 86 North: 1888.3721 East: 5993.1509 Curve Length: 664.33 Radius: 322.50 Delta: 118-01-30 Tangent: 537.00 Chord: 552.95 Course: N 70-25-44 \I Course In: S 78-35-01 \I Course Out: N 39-26-29 \I RP North: 1824.5372 East: 56n.0317 End North: 2073.5958 East: 5472.1511 Line Course: S 50-33-30 \I Length: 489.92 North: 1762.3534 East: 5093.7997 Line Course: S 89-50-00 E Length: 48.75 North: 1762.2116 East: 5142.5495 Line Course: S 89-50-00 E Length: 29.68 North: 1762.1253 East: 5172.2294 Line Course: S 08-14-35 E Length: 0.00 North: 1762.1253 East: 5172.2294 Perimeter: 2500.94 Area: 58,762 sq.ft. 1.35 acres Mapcheck Closure - (Uses Error Closure: 0.0043 Error North: 0.00428 Precision 1: 578,829.25 listed courses, radii, and deltas) Course: N 08-14-35 \I East: -0.00062 2332MCPK. WPD Flkf: DEPARTMENT SANTA CLARA COUNTY CONTROL NUMBER 14700 Winchester Blvd., Los Gatos, CA 95032-1818 (408) 378-4010 (phone) · (408) 378-9342 (fax) BLDG PERMIT NUMBER PLAN REVIEW NUMBER 99-0116 PLAN REVIEW COMMENTS CODE/SEC. SHEET NO. REQUIREMENT Review of proposed final parcel map. 1 Prior to approval of parcel map and the issuance of any building permits, the applicant shall obtain and provide a recorded easement for secondary fire department emergency vehicle access to and from the subject property via the private roadway known as Paseo De Palomas. No other conditions or requirements noted at this time. DISTRICT PLANS SPECS NEW RMDL AS OCCUPANCY CON ST. TYPE PERMITTEE DATE PAGE CBL 0 o ODD I AREA Huettig & Schramm Ine 1/19/99 ~ OF ~ SECJFLOOR LOAD DESCRIPTION BY NAME OF PROJECT Commercial Development LOCATION Hokanson, Wayne CAMPBELL TECHNOLOGY PARK A California Fire Protection District serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga FIRE DEPARTMENT SANTA CLARA COUNTY CONTROL NUMBER 14700 Winchester Blvd., Los Gatos, CA 95032-1818 (408) 378-4010 (phone) · (408) 378-9342 (fax) BLDG PERMIT NUMBER PLAN REVIEW NUMBER 99-0116 PLAN REVIEW COMMENTS CODE/SEC. I SHEET NO. I REQUIREMENT I Review of proposed final parcel map. 1 Prior to approval of parcel map and the issuance of any building permits, the applicant shall obtain and provide a recorded easement for secondary fire department emergency vehicle access to and from the subject property via the private roadway known as Paseo De Palomas. No other conditions or requirements noted at this time. DISTRICT PLANS SPECS NEW RMDL AS OCCUPANCY CON ST. TYPE CBL D DDDD I AREA I PERMmEE I Huettig & Schramm Ine DATE I PAGE 1/19/99 ----L. OF~ SECJFLOOR LOAD DESCRIPTION BY CAMPBELL TECHNOLOGY PARK Commercial Development I LOCATION Hokanson, Wayne NAME OF PROJECT A California Fire Protection District serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga D-ac:-09-9S 04:5SP P.02 OEe 1 3 1996 SPACE ABOVE nlls LINE FOR RECORPER'S USE ;bdr d ~ idifnnrri1l )liU lmIlllllfS 't.ttrlialt 3Tr '00 SACRAMEN'lO I, BILL JONES, Secretary of State of California, hereby certify: That the anne..~ed transcript of ( pagers) was prepared by and in this office from the record onfile, of which it purports to be a copy, and that it is full, true and correct. IN WITNESS WlIEREOF, I e..Xi!cute this certificate and affix tI,e Great Seal of the State of California DEe - 6 1996 -tSAr Secretary of State SEe STATE FOflM LV nz^ (R'C'" '1"J'5) Dec-09-9B 04:SBP :state ot l;alltornja Bill Jones Secretary of State P.03 o Eel 3 199 LIMITED LlABarrv COMPANY ARTICLES OF ORGANIZA'l"ION LLC-l IMPORTANT - Read tbe iatnactioas before -~.....r_. TbiI doc.....t .,.....CICI for ....pmIIIIII&toStcdoa l""~ 'CorporatioAs Code. 1. Limited liabilitv com~y name: (hoI1Ile -... 'lLC" _ 'l.iIIi.... LioIIoJl.,. c-,..,.. No,.,.. -.. ~ Do 'l.l.C" .I..iai....... ~7. -7 be __ Or "LloI." MIl "Co 'J wIA Cam~bel1 Technology Park LLC 2, Latest date (month/day/year) on which the limited liability company is to di5solve: January 1, 2047 3. The purpose of the limited liability company is to engage ill any lawful act or activity for which a limited liability company may be organized under the BeverJy-Killea Limited Liability Company Act. 4. Enter the name of -iniria.l agent (or service o( process and check the appropriate provision below: HO't.:::trd J. White, II! . which is [X] an individual residing in C"lifom'a. Proceed to Item 5, a corporation which has filed a certificate pursuant to Section 1505 Qfthe Califomia Corporations Code. Skip Item .5 and proceed to Item 6. 5. If the initial agent for service of process is an individual. enter a business or residential street address in California: Street address: 900 \-Tdch R,,1':lO. SI).i t~ 10 City: Palo Alto State: CALIFORNIA Zip Code: 94:302 6_ The limited liability company will be managed by: (check one) 6cx 1 -1ft8nICU ( ] more than one manager [ ] limited liability company memben 7. If other matteQ are to be inc ludcd in the Articles of Organization attach one or more separate pages. Number of pages attacbed. if any: None 8. It is hereby declared that I am the person who executed this ins1rument, which execution is my act and deed. ARD AND 19.86 For $cct-I'J .rs,.ec Ute I Dlq1~ 3410c;.r , Tru::;tt:!~ Signi1ture of organizer By: THE HOWARD AND CARO I. EE WH IT fo: fEBRUA Y 1986 TRUST WIll "'...8ftllt """Itaie d till! !tate tit c.- Type or print Dame of "rganizcr By: Howard J. White, III, '~";l..l4 DEe 06 _ Tru~tel:! Dare: .19 ~6 ~ ...JOIfU. ~., Statt &.U;-l .... .... ". ""...... .,. .at ~'7 of:!&o" 1M Dec:-09-9B 04:5BP P.04 .a:MEl\1DED AND RESTATED OnaATING AGUBIQlt'1' .OR W'l'A CAMPBELL TEC!D10LOGY PAR1t LLC This amended and restated operating agreement ("Agreement") is entered into as of the first day of December, 1998 by and among: the Howard and Carolee White February 1986 Trust, acting solely through its co-trustee, Howard J. White, III: The Richard and Sara Thompson 1997 Revocable Trust, acting solely through its co-trustee Richard D. Thompson: The Jeffrey and Vayna Deaton Family Trust, acting solely through its co-trustee Jeffrey Deaton; Kenneth A. Neumeister; The Dillabough Family Trust, acting solely through its co-trustee Michelle L. Dillabough; Michael Howard White: Marci Ann Coggins; Gerald C. Down; Elaine Groat Ketell; Jeffrey Nochimson and Heddy Nochimson as community property: The Eddie and Susan Dove April 1986 Trust, acting solely through its co-trustee Eddie E. Dove; and Bernard L. Magnussen (hereinafter, any of the above is referred to individually as a "Member-, and all of the above are collectively referred to as the "Members"), and is made with reference to the following facts; (a) The Company was formed Dec~r 6. 1996, with an Operat.ing Agreement signed effective December 1, 1996 and Articles of Organization for the Company filed with the Secretary of State for the State of California on December 6, 1996_ (b) On November 3D, 1998, the Company had two Member:;:, namely, Carolee White, individually as to a 1% Interest. and the Howard and Carolee White February 1986 Trust (the "White Trust") as to a 99% Interest. (c) Substantially concurrently herewith, Carolee White is assigning her 1% Interest to the White Trust. (d) The White Trust desires to admit new Members to the Company. The current and newly admitted Members desire to refltate and completely amend the CUI'rent Oper'ating Agreement and desire to enter into this Agreement in order to form and provide for the governance of the Company and conduct of its business and to specify their relative rights and obligations. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed by and among the parties as follows; ART:ICLE I JOMAlftOR 01' '1'HB C<MPUY Oec-09-9B 04:S9P P.OS and to receive distributions from, the Company, but does not include any other rights of a Member, including the right to Vote or to participate in management. "Encumber" means the act of creating or purporting to create an Encumbrance, whether or not perfected under applicable law. "J!:nCWlWrance" means. with respect to any Membership Interest, or any element thereof, a mortgage, pledge, security interest, lien. proxy coupled with an interest (other than as contemplated in this Agreement), option, or preferential right to purchase. "Fiscal Year" means the Company's Eiscal year. which 15 the calendar year. "Incapacity" means the adjudication by a court of competent jurisdiction that a Person is incompetent to manage such Person or property. The date of the Court's order shall be deemed the date of such Incapacity for purposes of this Agreement. "Initial Members" means those Persons whose names are set forth in the first sentence of this Agreement. A reference to an "Initial Member" means any of the Initial Members. ":InvoluntarY Tranafer" means, with respect to any Membership Interest, or any element thereof, any Transfer or Encumbrance. whether by operation of law, pursuant to court order, foreclosure of a security interest, execution of a judgment or other legal process, or otherwise, including a purported transfer to or from a trustee in bankruptcy, receiver. or assignee for the benefit of creditors. "Ma:iority :Entereat or Ma10rity of Members" means a Member or Members whose Percentage Interests represent 50% or more of the Percentage Interests of all the Members. ~ .Ma~r" means Howard J. White, III (acting in his capacity as Named Trustee of Member The Howa:r'd and Carolee White February 1986 Trust), or any other person that succeeds Howard ,J. White, III as Manager of the Company. "Member" means an Initial Member or a Fe:rson who otherwise acquires a Membership Interest. as permitted under this Agreement. and who remains a Member. "Member Nonrecour.e Debt" means the defini tion a~.;c.r.ibed to the term .. Partner Nonrec~~rse Debt.. in Regulations Section 1.704- 2(b}(4). "MeJllber Nonrecourse Debt Minimum Ga;n" for a Fiscal Year at the Company means the net increase in minimum gain at~ributable 5 Dec-09-9B 04:59P P.06 5.01 (a) Manaqement of ComDanv bv Manager. The business, property and affairs of the Company shall be exclusively managed by the Manager initially named in Article II, or a successor Manager selected in the manner provided in Section 5.05. Except for situations in which the approval of the Members is expressly required by the Articles or this Agreement, the Manager shall have full. complete and exclusive authority, power, and discretion to manage and control the business, property and affairs of the Company, to make all decisions regarding those matters and to perform any and all other acts or activities customary or incident to the management of the Company's business, property and affairs. o~ . CA41 f:.:-~' ;bdl~ u .- o 0 ~ ,. ., ~ < ~' .O"CH"'''O. City of Campbell -- Community Development Department 70 N. First Street, Campbell, CA 95008 MEMORANDUM To: Harold Housley, Land Development Engineer Al Bito, Adrninistrative Analyst II Date: September 9, 1998 From: Tim J. Haley, Associate Planner Subject: Proposed street name Campbell Technology Park Please find attached a proposal from Ken Neumeister of Huettig & Schomm Inc. for a new street name for the public street which would be constructed as a part of the Winchester Drive In site. I passed along the current potential list of street names to Ken, however, none of the names were felt to be appropriate for the location or project. Could you please forward this list to the Civic Improvement Commission and have the names also reviewed by appropriate communications and safety folks. The intent would be to have the City Council accept a new street name in conjunction with the final map. Please check with Harold on the timing of this process. Do not hesitate to give me a call, if you have any questions cc: Sharon Fierro, Senior Planner Michelle Quinney, City Engineer Kirk Heinrichs, Redevelopment Manager HUETTIG & SCHROMM, INC. September 9, 1998 City of Campbell Community Development Department - Current Planning 70 North First Street Campbell, CA 95008-1423 Attn.: Tim Haley - Assoc. Planner Re: Campbell Technology Park a WDT-Development Request for New Public Street Name Job # 96-088 Dear Mr. Haley: The following is a list of street names for the proposed new public street for the above referenced project. Please select one. We have prioritized our selections from the top (most desirable) down. 1. CA,i\1PBELL TECHNOLOGY PARKWAY 2. VENTURE PARKWAY 3. TECHNOLOGY PARKWAY 4. CAMPBELL TECHNOLOGY LANE Please inform me as to your final selection as soon as possible. If you should have any questions please do not hesitate to call me. /"'. l cc: RDT HJW H:CTPstret 900 Welch Road, Suite 10 . Palo Alto, California 94304 · (650) 322-2121 . Fax: (650) 322-5029 Stote Contractors License Number 1 29060 ~ e:-: '/ z '0 ~ II,: j~ ~ !U! d / -,8 '"Q ~~ f.." ~5l~ (3-0. I 1/ JI :~!S _ ! ~. .t." rli : II ~I~IJ I ~~I:I!I /. . ~I \j i .e.~ 3 in t~ i in H~ I .J :.J" ill:! sII~ !! JIRi II iJ'~i Jln, 11 ~JHJl . ~jl.J ~L . 'I il fdJi ~.,l ~t :1 h lU I! r., $l~t: If i !J"':f 1111 ' iiUm ~rll: i" !. l-1.!~ 3 . ,t ~fI u~ :J !. :I 11 ~ l ~;!1 It !;rt ~Ih !;1t: / Of 'C"1l1 4,' .o~ ~' ~ ... \"" U t"' -' -$-", ... "- ,,' 'o>\'c H A \l \J CITY OF CAMPBELL Public Works Department October 5, 1998 Kevin Maple, P.E. HMH, Inc. 1570 Oakland Road, Ste. 200 San Jose, CA 95131 Re: 535 Westchester - Campbell Technology Park Check Print No.1 for the Parcel Map and Improvement Plans Dear Mr. Maple: Enclosed are Check Prints #1 for the tract map, street improvement plans, and public storm drain for the above-referenced project. In addition to the red-lined comments shown on Check Print #1 of the parcel map, the following comments are also applicable. Refer to the check print for the corresponding letter, such as A, B, C, etc.: A. Describe in detail, on all found monuments, including those found in standard city monument boxes, the character of the monument. State if it has a tag and number or no tag. Indicate its position as being flush (fl), down (dn), or up x inches. Note map reference or no reference as appropriate. B. Are these the actual monuments referenced on Tract No. 3599? C. Compare to record, all distances measured, and bearings as appropriate (typical). D. Please use leaders (from point to point or monument to monument, etc.). It will be much easier to understand and interpret the map (typical). E. Nolte and Associates found a monument at these locations. Search diligently. F. Paseo de Palomas is designated as a PRIVATE STREET. The appropriate right-of-way must be acquired or verified that it exists prior to construction. To the best of our knowledge, we have not yet received on site grading and drainage plans. Concerning access from McGlincey Lane, I will return the legal description/deeds along with our comments in the next few days. 70 North First Street' Campbell, California 95008.1423 . TEL 408,866.2150 . FAX 408.376.0958 . TOO 408.866,2790 Kevin Maple October 5, 1998 Page 2 After you and the responsible surveyor have had the opportunity to review these check prints, please give us a call. We would like to complete the plan check process as soon as possible. cc: Michelle Quinney, City Engineer Frank Cauthorn, Building Official h: \Janddev\535west5(mp) 'Aug. 18. 1998 O . " "l~l . - _It. No. 80~,~, F. 1./16 ,. FINANCIAL TITLE COMPANY Escrow Branch: 701 Miller Street SaD Jose, CA 95110 (408) 179-3800 Fax (408) 998-7249 E!lct:9w Officer: Wayne M~;lh.,.aleip PRELIMINARY REPORT ORDER NO. 00133735-014- WM Ref. No: H&S 900 Welch Road Palo Alto, CA 94304 Attn.: Michelle Dillabough D.RE./MAP FILING Property Address: APN: 412.29-007; 412-30-035; 412-30-042; 412-30-043 ARB: 413-11-009,091; 413-49-016, 030, 032 In response to the abo...e referalced application for a policy of title insurance. this Company reportS that it is prep~ to issue, or cause to be issued, as of th.: date hereof, a Policy or Policies of Title Insurance describing the land and the estate or intercsc therein hereinafter set forth, insuring againSt loss which may be sustained by reason of any defect, lien or encumbranl::e DOl shown or referred to as an Exception herein or not excluded from coverage pursuant to the prinled Schedules. Conditions and Stipulations of said Polil:y forms. The printed Exceptions and Exclusions from the co...erage of said Policy or Policies are set forth in Exhibit A Jttached. Please r~d the exceptions shown or referred to below and tbe Exceptions and Exclusions set forth in Exhibit A of this report unfully. The excepcions and exclusions are meant to provide you with notice of matten which are not covered under the terms of tile title lnsunldce policy Illd Should be carefully considered. [t is important to noce that this preliminary report is not a wricten representation as to the condition of title and m.ay not lut all liens, defetU, and encumbrances affectinG title to the land. This report (and any supplements hereto) is issued solely for the purpose of facilitating me iSSl.Iatlce of a policy of title insurance and no liability is assumed hereby. [f it is desired that liability be assumed prior to the issuance of a polic;' of ritle insur:lllce, a Binder or CommitmCnl should be requcsled. The: form of policy of litle insurance contemplated by this report is: Preliminary Tille Rcport Only I . hI A/V7 f) ~ _;2 ~ fOaled as of July 20, 1991u 7:30 a.m. ~ /~ / (/V y / ffc.,...rtc.t1t( The estate or interest in the land hereinafter described or referred ~o covere:d by this Report is: A FEE, lIS to Parcel(s) One, Three. Fur, Five and Six AN EASEMENT, as to Parcel(s) Two. Seven and ~ifht h?Jt ( Title Officer City of Campbell Redevelopment Agency, a public body corporate and politic ~~Q ~G~\ ~O:,~ a:V- '\. ~ ~-:, ~' ~~ ~o~\o~ ~ ,0 '\~.. .\<?;.\"'~,-:, ~v ~"- ..<> Tille to said estate or incercsl at the date hereof is vC3tc:d in: The land referred to in this Report is situated in the State of California, County of Santa Clara and is described as follows: (See "Legal Description" Schedule C attached) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown on the following pages. NOTE: THIS REPORT IS SPECIFICALLY FOR n.R.E. PROCESSING AND MAP flUNG PURPOSES ONLY. IF A SALE OR REFINANCE OF THE HEREIN DESCRIBED PROPERTY IS CONTEMPLATED, AN ESCROW MUST BE OPENED AND A NEW PRELIMINARY TITLE REPORT ISSUED. .Aug. ! 8. 1998 8: 23AM 11 ,', . ~ ~ · O. oUwlJ P' 'J /1 ~ . ,-I ..) Pag.. .40. 2 File No. OO13373S-014- WM vI. TAXES for the fiscal year 1998-99, a lien not yet due or payable. ~. 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 Calif ami a. ,~ Taxes for the fiscal year 1994-95, have been declared "Tax Defaulted", Assessment No. 412-30- 035-99, Code Area 10-108 Taxing Authority: C01.lIlty Tax Collector Amount to redeem prior to August 31, 1998 $66,29 Amount to redeem prior to September 30, 1998 $66,75 Amount to redeem prior to October 31, 1998 $67.21 (Affects Parcel Three) ~ Taxes for the fiscal year 1994-95, have been declared "Tax Defaulted", Assessment No, 412-30- 042-99, Code Area 10-108 Taxing Authority: County Tax Collector Amount to redeem prior to August 31, 1998 Amount to redeem prior to September 30, 1998 - Amount to redeem'prior to October 31, 1998 (Affects Parcel Four) /Taxes for the fiscal year 1994-95, have been declared "Tax Defaulted", Assessment No. 412-30- 043-99, Code Area 10-108 $35,04 $35.22 $35.40 Taxing Authority: County Tax Collector Amount to redeem prior to August 31, 1998 $35.04 Amount to redeem prior to September 30, 1998 $35.22 Amount to redeem prior to October 31, 1998 $35,40 (Affects Parcel One) 6- An easement affecting a portionof said land and for the purpose stated herein and :C~:::~lurposesTh~~t~!~;~~:;'~~.~~%o~~~J ~ ~tR~ ~ ~~~ / Recorded: May 25, 1870 in Book 18, Page 88 of Deeds ~U'1 1',~, l"q'~,' C"?j~'~ll .... o. .... :j 'oi 1...1 \) . """' ...1 No. 8055 P. 3/16 Page No.3 File No. 00133"735-014- WM 7. An easement affecting a portiQnoisaidJ~d and for the purpose stated herein and incidental purposes. TI!~ exact 10cati~which canno~ be ascertained o~_~_~rd In favor of: O,C. wens,s:1f.Ayers and H. H, GIlmore ~e;L;ri~ For: ditch, etc. Recorded: January 8, 1882 in Book I, Page 576 of Miscellaneous Records 8. An easement affecting a portion of said land and for the purpose stated herein and incidental purposes. ~To~ of which cannot be ascertained of~ In favor of: Mrs. Wells, W. H. Gilmore and E. T Duncan ~?~, For: ditch purposes Recorded: December 8, 1884 in Book 76, Page 293 of Deeds 9. An ~~ffecting said land, for the purposes stated herein and subject to the terms, covenants, conditions, restrictions, and easements, if any, contained therein For: Water Agreement Dated: April 8, 1924 Executed by: Fred E, Lester and Steve Laptalo and Kate Laptalo Recorded: April 18, 1924 in Book 82, Page 213, Official Records. 10, An easement affecting a portio said land and for the purpose stated herein and incidental purpose~, exact locati of which cann~e.: as~ed of record - In favor of: Mrs. E. A. Wellen Coates, et al ~%~ F or: right of way Recorded: January 13, 1893 in Book X, Page 34 of Miscellaneous Records 11. ~eim~ecting said land., for the purposes stated herein and subject to the terms, covenants, conditions, restrictions, and easements, if any, contained therein F or: Water Right Agreement Dated: October 27, 1892 Executed by: Gilmore T. Duncan, et al and R. W, Thomas, et a1 Recorded: January 12, 1895 in Book 1, Page 37 of Miscellaneous Records 12. An easement affecting a portion of said land and for the purpose stated herein and incidental purposes, Tl'lc:exaet 1oca~ of which cannot be ascertained of rcc7or,%./ d A/Lr-- In favor of: Santa Clar~ Valley Water Company, a Co~o~~tion ~daC/ )7 bZ' For: ~ . Recorded: October 24, 1903 in Book 270, Page 350 of Deeds 13 _ An easement affecting a ,EQni..Q!l o~ said land and for the purpose stated herein and incidental purposes, ~exact locauo of w~ c~certained of record In favor of: Tamer 1. 0 ett, et al ~/~j F or: pipe line Recorded: April 14, 1915 in Book 426, Page 584 of Deeds .Aug. 18. 1998 8: 23AM No. 8055 P. 4/16 Page: NO.4 file No. OOl3373~14- WM 14. ~at the ownership of said land does not include any right of ingress or egress to or from R~reeway contiguous thereto, said right having been relinquished by deed, F rom: Ellen Scorsur To: State of California Recorded: June 29, 1956 in Book 3537, Page 478, Official Records (Affects Parcels Five and Six) Said land, however, abuts on a public street other than the one referred to above, over which rights of vehicular access have not been relinquished. 15, An easement affecting the portion of said land and for the purpos~ stated herein and incidental purposes, shown or ~dicated by ~.. ap her~referred to:t7 For: CAncnorEaseme~~ ")4?;';4f{'b f Affects: Northerly 2 feet of the raSterly 20 feet and the Southerly 2 feet of the Easterly 20 feet of Parcel Three 16. Covenants, Conditions and Restrictions in a Declaration of Restrictions, which provide 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. Said covenants, conditions and restrictions do not provide for reversion of title in the event of a breach thereof. Restrictions, if any, based upon race, color, religion, sex, handicap, familial status, or national origin are deleted, - Recorded: 'July 13, 1964 in Book 6578, Page 232, Official Records. Reference to the records is hereby made for further particulars. (Affects Parcel Three) '-'\ il'"7JAn easement affecting the portion of S~id dr;:or the purpose stated herein and incidental ..-/../ ~~urposes, . ~k ~ ~ :::f /If/ { In Favor Of:' ~ty Sarntation lsttlct . f Santa Clara County, a Public Corporation t:{I"i1/.';?I$ F or: acquiring, constructing, completing, reconstructing, repairing, maintaining and /~. 'Jr If operating sanitary se~ff~ith_ the right of ingress and egress thereto t/( /1 (u Recorded: October 18, 1966 in '7 a e 49J, Official Records Affects: as follows: Beginning at the most Easterly corner of that certain Record of Survey for Vincent Raney, a Map of which is filed in Book 214 of Maps, at page 18, in the County Recorder's Office of said Santa Clara County; thence from said point of beginning, Southerly along the Easterly boundary of said Record of Survey, South 7021'02" West 221.63 feet, South 6021'02" West 459,18 feet; thence Westerly and leaving said Easterly boundary of said Record of Survey, North 89049'18" West 798.95 feet; thence along the arc of a curve to the left whose tangent bears North 39030'45" East and having a radius of 29&5 feet, through a central angle of 02030'45", an arc distance of 130.89 feet; thence South 0010'42" West 524.81 feet to a point in the Southerly boundary of said Record of Survey; thence Westerly along said Southerly boundary North 89049'18" West 10.22 feet; ,Aug. 18. 1995 8:24AM II ", " ~ ~ '0. 0 U j J P ~ /1 ' '. J': b Page No.5 File NQ, 00133735-014- WM thence Northerly and leaving said Southerly boundary, North 0010'42" East 536.48 feet to a point on the Easterly right of way line of the Scate of California Route No.5 Freeway; thence Northerly along the Easterly right of way of said freeway, along the arc of a curve to the right, whose tangent bears North 37003'50" East, having a radius of3000 feet through a central angle of0203S'Q4", an arc distance of 13532 feet; thence Easterly and leaving said Easterly right of way of said Freeway, South 89049'18" East 79257 feet; thence Northerly and parallel at a right angle distance of 15 feet from the Easterly boundary of said Record of Survey, North 6021 '02" East 445.04 and North 7021 '02" East 219.87 feet to a point On the Northerly boundary of said Record of Survey; thence Easterly along said Northerly boundary, South 89050'16" East 15.12 feet to the point of beginning_ (Affects Parcels Five and Six) 18, An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: For: Recorded: Affects: Pacific Gas and Electric Company, a California Corporation the right to erect, maintain, replace, remove and use a line of poles February 24, 1967 in Book 7648, Page 345, Official Records as follows: 1. $r ~tt~ said Lot 16, Northeasterly 230 feet, more or less, to the Southwesterly boundary line of me ~~ /' city street known as Westchester Drive. ?- Beginning at a point in the Westerly boundary line of said Lot 16 and running thence SOUth~744P( 61049' West, 1 foot, more or less to a poi~ the most Southerly comer of said Lot 1 ~J- 16 bears North 89037' East 1.0 feet distant; thence North 1011' West 287,7 feet; thence North '[./'/4 17 112' West 224.5 feet. Within a strip ofland of the uniform width of 10 feet, lyin~us to an~~y of the Southeasterly boundary line of Lot 16 of Tract ~}599 Westchester Industrial Park, recorded in Book 175 of Maps, page 47, and extending from the Westerly boundary line of 2. 19. Covenants, conditions and restrictions in the deed, Recorded: January 30, 1970 in Book 8816, Page 219, Official Records. Restrictions, if any, based upon race, color, religion, sex, handicap, familial status, or national origin are deleted. (Affects Parcels Two and Eight) Reference to the records is hereby made for further particulars, ..~ug. 18. 1998 0: i4AM No. 8055 P. 6,/16 Page No.6 File. No. 00133735-014- WM 20. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: For: Recorded: Affects: Santa Clara County Flood Control and Water District ingress and egress April 10, 1970 in Book 8885, Page 541, O~cial Records as follows: Beginning at the Southeasterly corner of said lands, said point having also the Northeasterly comer of that certain parcel ofland conveyed to the Santa Clara Valley Water Conservation District by H. T. Petersen, et ux, in Deed recorded in Book 4128 of Official Records, at page 429, in the Office of the Recorder, County of Santa Clara, State of California; thence along the Northerly line of said District, North 89025' West 20,00 feet; thence along a curve to the left from a tangent which bears North 00025' West with a radius of 45,00 feet, through a central angle of81 045'04", for an arc distance of64,21 feet; thence North 62021'09" East 65,84 feet; thence South 00025' East 75.01 feet to the point of beginning. I (Affects Parcel Six) /wgf;::r11. 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: to construct, place, inspect, maintain. operate, replace and remove facilities consisting of underground conduits, pipes, manholes, service boxes, wires, cables and other electrical conductors, together with a right of way therefor and the right of ingress thereto ~fi!ess th~r~Qm SePtitelrn1 ber 24, 1970 in Bo . 906.~ Pag~.~.~,.bfficial Records as 0 ows: Recorded: Affects: A Strip of land of the uniform width of 5 feet, extending from the Easterly boundary line of said real property , Westerly to the Easterly boundary line of the State Highway known as Highway 17, and lying equally on each side of a line which begins at a point in the Easterly boundary line of said real property distant along said Easterly boundary line, 22.0 feet Southerly from the Northeast comer of said real property, and runs thence North 89050' West 245 feet, more or less, to the Easterly boundary line of said Highway 17. (Affects Parcel Five) .~u~ 1'-' lqq'-' .. o. o. ..0 8: 25.~M No. 80S:, P "'1- , i / b Pl&~~ No. 7 File No, 00133735-014- WM 22. An easement affecting the ponion of said land and for the purpose stated herein and incidental purposes, In Favor Of: For: Recorded: Affects: County Sanitation District No.4 of Santa Clara County, a public corporation constructing, completing, reconstructing, repairing, maintaining and operating sanitary sewers and appurtenances for said.District, together with the right of ingress and egress therefor November 21, 1984 in Book J 059, Page 242, Official Records as follows: Beginning at the Northeasterly comer of that certain Record of Survey for Vincent Raney,' a Map of which is filed in Book 214 of Maps, at page 18, in the County Recorder's Office of said Santa Clara County; thence from said point of beginning, Southerly along the Easterly boundary of said Record of Survey, South 07021'02" West 221.63 feet, South 06021'02" West 459.18 feet; thence Westerly and leaving said Easterly boundary of said Record of Survey, North 89049'18" West 338.15 feet; thence South 00010'42" West 271.52 feet; thence South 69042'00" West 256.06 feet; thence South 24032'00" West 198.08 feet; thence South 71015'00" West 233.07 feet; thence South 00010'42" West 9,95 feet to a point in the Southerly boundary of said Record of Survey; thence Westerly along said Southerly boundary, North 89049'18" West 10.00 feet; thence Northerly and leaving said Southerly boundary North 00010'42" East 17.09 feet; thence North 71015'00" East 235.89 feet; thence North 24032'00" East 197.92 feet; thence North 69043'00" East 253.28 feet; thence North 00010'42" East 279.58 feet; thence South 89049'18" East 334,69 feet; thence -Northerly and parai1el at right angle distance of 15 feet from the Easterly boundary of said Record of Survey, North 06021'02" East 445.85 feet and North 07021'02" East 219,87 feet to a point on the Northerly boundary of said Record of Survey; thence Easterly along said Northerly boundary, South 89050'16" East 15.12 feet [0 the point of beginning. (Affects Parcels Five and Six) Covenants, conditions and restrictions in the above mentioned instruments, 23. The herein described property ties within the bounds of the First Amended and Restated Central Campbell Redevelopment Plan and as such is subject to the terms, covenants, conditions and restrictions therein provided, Recorded: January 23, 1991 in Book L 598, Page 2 178, Official Records. The above redevelopment project was amended by an instrument recorded June 18, 1992 in Book M 246, Page 506, Official Records, The above redevelopment project was amended by an instrument recorded December 14, 1994 in Book N 699, Page 2159, Official Records, Aug. 18. 1998 8: 25AM No. 8055 P. 8,/16 hge No.8 File No. 00133735-014- WM 24. Rights of parties in possession of said land by reason of unrecorded leases, or rental agreements, if any, 25. Any facts, rights, interests or claims which a correct survey would show. 26. Evidence must be provided that there are no commitment statements in effect under Civil Code Section 850 et seq, with respect to the properry NOTES: a. Date last insured: 04-21-1994 b. This report does not reflect requests for notice of default, requests for notice of delinquency, subsequent transfers of easements, and similar maners not germane to the issuance of the policy of title insurance anticipated hereunder. c, If this company is requested to disburse funds in connection with this transaction, Chapter 598 of - 1989 Mandates or'the California Ins\JIance 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. d, No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions provides coverage for environmental protection. e. No known matters otherwise appropriate to be shown have been deleted from this report, which is not a policy of title insurance. but a report to facilitate the issuance of a policy of title insurance. f. For the purposes of policy issuance. no items will be eliminated on the basis of an indenmity agreement of other agreement satisfactory to the company as insurer, g. Prior to the issuance of a Parcel Map or Subdivision Map Guarantee for the County of Santa Clara, this Company will require a copy of the tentative Map which is to be recorded for examination and retention in our file, ~Jl'" 1'0" lqqQ olio c. . .... 'w I,) 8:25AM No. 8055 P' q /1 h . vi .) Page No.9 File No, 00133735-014- WM h. 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. 1. 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 dat~ of this report, except as shown herein-- NONE Aug. 18. 1998 0: ~bAM No. 8055 P. 10/16 h.ge No. 10 File No. 0013373S.014- WM SCHEDULE C LEGAL DESCRIPTION All that certain real property situate in the City of Campbell, County of Santa Clara, State of California. described as follows: PARCEL ONE: BEGINNING at a point in the Northwesterly line of McGlincey Road, 40 feet wide, as said road was established by Deed from Kate Laptalo, et al, to County of Santa Clara, dated August 25, 1947 and recorded October 14, 1948 in Book 1684 of Official Records, at page 75, at the point ofintei'section of said Northwesterly line with the quarter section line running Northerly and Southerly through the center of Section 35, Township 7 South, Range 1 West, M.D.B. & M.; thence from said point of beginning along the Northwesterly line of McGlincey Road, North 56055' East 29,70 feet; thence leaving said Northwesterly line and running North 33005' West, 160.37 feet; thence parallel with the said Northwesterly line of McGlincey Road, South 56055' West 29.70 feet; thence South 33005' East 160.37 feet to the point of beginning and being a pan of Section 35, Township 7 South, Range 1 West, M,D.B, &M. E~CEPTING THEREFROM that portion conveyed to the City of Campbell by Grant Deed recorded July 29, 1964 in Book 6600, page 557, Official Records, described as follows: A strip ofland 10,00 feet in width along the Southerly line of the lands of Forman Development Co., as said lands are described in the Deed of tecord in Book 1086, page 568, Official Records of Santa Clara County, California, said strip of land lying Northerly of the Northerly line of McGlincey Lane, as the same exists 40.00 feet wide. PARCEL TWO: An easement for the purpose of ingress and egress, said easement being more particularly described as follows: Being a portion of the lands of Santa Clara County Flood Control and Water District, as described in Deed recorded in Book 4120 of Official Records, at page 683. et seq" in the office of the Recorder, County of Santa Clara, State of California, to wit: BEGINNING at the most Southerly comer of said lands as described in said Deed; thence along the Westerly line thereof, North 00025' West 269.63 feet; thence leaving said line along a curve to the right from a tangent which bears South 44010'42" East, with a radius of90.00 feet through a central angle of 43045'42", for an arc distance of 68.74 feet; thence South 00025' East 191.35 feet to a point on the ,', " 1" Iii Ii,' 'r.I..lg. O. ~~o 8:26AM No. 8055 F. 11/16 Pa~e No, 11 File No, 00l3373~14- WM Southeasterly line of said lands as described in said Deed; thence along said line, South 56055' West 29.70 feet to the point of beginning, PARCEL THREE: 'a-/l~r All of Let 16, as shown upon that certain map entitled, ''Tract No. 3599 Westchester Industrial Park", which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on March 25, 1964 in Book 175 of Maps, at page 47. EXCEPTING THEREFROM the right to pump, take or otherwise extract water from the underground basin or strata in Santa Clara County, with no surface rights to water involved, as conveyed by Forman Development Company, a partnership to San Jose Water Works, a Corporation, by Deed dated Apri130, 1964 and recorded May 5, 1964 in Book 6491 of Official Records, at page 278. PARCEL FOUR: BEGINNING at an iron pipe set in the Northwesterly line of McGlincey Lane, 40 feet wide, as established by Deed to the COWlty of Santa Clara, dated August 25, 1947, recorded October 14, 1948 in Book 1684 of Official Records, at page 75, Santa Clara County Records, distant thereon N, 56055' E. 29.70 feet from the point of intersection of said line of McGlincey Lane with the 1/4 section line running North and South through the center of Section 35, Township 7 South, Range 1 West, Mount Diablo Base and Meridian; thence along said line of McGlincey Lane, N, 56055' E, 110.14 feet to a point at the most Southerly comer' of that certain parcel of land described in the Deed from Steve Laptalo, et al, to Oden Snowden, et ux, dated July 25, 1952, recorded September 18, 1952 in Book 2490 of Official Records, at page 105; thence along the Southwesterly line of said parcel so conveyed to Snowden, N. 33005' w. 135 feet to a point at the Northwesterly corner thereof; thence parallel with said line of McGlincey Lane, S. 56055' W. 23,58 feet to a point; thence S, 0025' E. 160,37 feet to the point of beginning, and being a portion of said Section 35, Township 7 South, Range 1 West. Mount Diablo Base and Meridian, and also being a portion of the premises shown upon the Map of Record of Survey tiled for record May 10, 1950 in Book 27 of Maps at page 14, Santa Clara County Records. EXCEPTING THEREFROM the Southeasterly 10.00 feet thereof, as granted in the Deed from Albert M. Mandell, et ux, to the City of Campbell, a Municipal corporation, recorded December 18, 1964 in Book 6784 of Official Records, page 624. PARCEL FIVE: BEGINNING at the Southwest comer of the Southeast 114 of the Northwest 1/4 of Section 35, Township 7 South, Range 1 West; running thence along the line between lands formerly of Mrs. Willett and Mrs. O. C. Wells, South 89056' East 19.85 chains to a 6" x 6" post marked "W.s"; thence leaving the line between said lands and running North 6025' East 11.45 chains and North 7025' East 3.36 chains to a stake marked "W.S." standing in the line between Lots 5 and 6, as shown on the Map of partition in the Suit ofE. Willett, Plaintiffvs, Lottie Willett, et aI, Defendant, in the Superior coun ofSanra Clara County; thence along the line between said Lots, West 4.50 chains to the Southwest comer of said Lot 5 .', U ~ 1 ,', 1 r, r, ,', .,r. c. O. ~:jO 8 ,;" ,"1,,1 . i.,. I' .'1. ~ No. 8055 P. 12./16 Page No. 12 File No. 00133135-014- WM and North 3 1/40 East 4.18 chains to the Northwest comer of said Lot 5 in the South line of Lot 4 of said partition; thence along the line between said Lots 4 and 6 of said partition, West 4.97 chains to a stake E,A. 2 standing at the Southwest comer of said Lot 4 in the center of the Los Gatos Creek and in the line between lands formerly of~, M,A. Kennedy and Mrs. E. Willett; thence along the line between said lands, South 37017' West 20,38 chains and South 2.60 chains to the point of beginning, and being a pan of Lot 6 as set off to Mrs. Elizabeth Willett in the above mentioned partition and a part of the Southeast 114' of the Northwest 1/4 of a part of the Southwest 1/4 of the Northeast 1/4 of Section 35, Township 7 South. Range I West, M.D.B. EXCEPTING THEREFROM that certain parcel of land described in the Deed from Frank B, Billings. et ux, to Frederic G. Wilson, dated September 5, 1903, recorded September 11, 1903 in Book 268 of Deeds, at page 157, as follows: BEGINNING at the Southwest comer of Lot 5 of the Willett Partition as set off by order of the Superior Court in the partition suit ofE, Willett vs. Lottie Willett, et al, and running thence West: about 478 feet to the Westerly boundary of Lot 6 of said partition; thence Northeasterly about 300 feet to the Northwest comer of said Lot 6; thence East 4.97 chains to the Northwest comer of said Lot 5; thence Southerly along the Westerly boundary of said Lot 5, 4.18 chains to the point of beginning, and being the Northerly "L" of the aforesaid Lot 6, which was conveyed by B,T. Campen to Frank B. Billings by Deed dated December 5, 1888 and recorded in Book 112 of Deeds, at page 436. . ALSO EXCEPTING THEREFROM all that portion thereoflying Northwesterly of the Southeasterly line of Parcel One, as granted in the Deed from Ellen Scorsur, a widow, as my separate property, to State of California, for freeway purposes, dated May 25, 1956 and recorded June 29, 1956 in Book 3537 of Official Records, page 478. PARCEL SIX: All the North 10 acres of the East 1/2 of me Southwest 1/4 of Section 35 in Township 7 South, Range 1 West, bounded as follows: BEGINNING in the center of said Section 35 and running West on the 114 line thereof(the same being the South line of land of Frank B. Billings) 80 rods; thence at right angles, South 20 rods; thence at right angles, East 80 rods to the quarter line of said Section 35; thence North along said one quarter line, 20 rods to the point of beginning, EXCEPTING THEREFROM all that portion thereof lying Northwesterly of the Southeasterly line of Parcel One, as granted in the Deed from Ellen Scorsur, a widow, as my separate property, to State of California, for freeway purposes, dated May 25, 1956 and recorded June 29, 1956 in Book 3537 of Official Records, page 478. ~J1~ 1'0' loqR Q';7~1~f ..I,:J O. . J""... U. ... I.... l'lt,. o'-'l-I'J~J- p' l' '1 h , . Ji' ~ }.-o~ No, 13 File No. 00133735--014- WM ALSO EXCEPTING THEREFROM that portion described in the Deed from Winchester Drive-In Theatre, Inc_, to Santa Clara County Flood Control and Water District, State of California, recorded April 10, 1970 in Book 8885, page 541, more particularly described as follows: BEGINNING at the Southeasterly comer of said lands, said point being also the Northeasterly comer of that certain parcel ofland conveyed to the Santa Clara Valley Water Conservation District, by H. T. Petersen, et ux, in Deed recorded in Book 4128 of Official Records, at page 429, in the office of the Recorder, County of Santa Clara, State of California; thence along the No11herly line of said District, as described in said Deed, North 89025' West 20.00 feet to the true point of beginning; thence continuing along said Northerly line, North 89025' West 121.00 feet; thence leaving said line, North 62021'09" East 92.71 feet; thence along a curve to the right, from a tangent which bears South 82010'04" East with a radius of 45,00 feet, through a central angle of g I 045'04" for an arc distance of 64.21 feet to the true point of beginning. PARCEL SEVEN: RIGHT OF WAY for roadway 20 feet wide, running South along the 1/4 line of said Section 35 from the Southeast comer of Parcel Two above described to a roadway owned by the party of the first part hereinafter described and extending Easterly to the San Jose and Los Gatos Road, together with the right of way for ingress and egress over said private roadway to the said San Jose and Los Gatos road, as granted in the Deed from George A. Whipple, et UX, party of the first part to Frank B. Billings, dated September 15, 1908, recorded September 23, 1908 in Book 337 of Deeds, at page 138, PARCEL EIGHT: An easement for the purpose of ingress and egress, said easement being more particularly described as follows: Being a portion of the lands of Santa Clara County Flood Control and Water District, as described in Deed recorded in Book 4120 of Official Records, at page 683, et seq., in the office of the Recorder, County of Santa Clara, State of California., to wit: BEGINNING at the most Southerly comer of said lands as described in said Deed; thence along the Westerly line thereof, North 00025' West 269.63 feet; thence leaving said line along a curve to the right from a tangent which bears South 44010'42" East, with a radius of9Q,QQ feet through a central angle of 43045'42", for an arc distance of 68.74 feet; thence South 00Q25' East 191.35 feet to a point on the Southeasterly line of said lands as described in said Deed; thence along said line, South 56055' West 29.70 feet to the point of beginning. ARB No: 41J-11-009, 091; 413-49.016, 030, 032 APN No: 412-29-007; 412-30-035; 412-30-042; 412-30-043 .AUR. lR IIi-- A ~.:l ~o 8:28AM @ ".. ~ '" III ... ... "- ii @ ~I ~ l:l tf.: * ....... II. - ,,;;;:- I / /> e !:! -f ... 0 ... 1-,.. ~ ~ ~/ ... CD )- '" ~ r " r :JI c~ ... GI co "t:. ~ I '" ~ -9~ :;~ I .. ~It, .." ~ 0 r- :< " ,;II 0 .. -f/;. .... .. . ~ ~ r::: -- ~. ". "0 " 'fJ> "<' '~ -, a . w .. .. ,.1:.". (l ;-' ..... ~ z oil" . en , ,., ?J 1" ... ,:f. III .. ;., .. .. r' % ~ . :~ ~C> '... f '..... ...~ ~ . 1. I ~Ii r- ... ~ 'J ." .. N .. !" " ~ .... ----~ -- 61' /?G.SE. - ..- .-- - ~ '<. ~ .u~. UN/ON In ... R. 0, S. S 98/5 @ .. !' No. 8055 ~ .. ,.. or -f ... GO I'" :E I r r r- I @ j~ :ll:l ~~ ... "I'" .. I~ ;II ,~ ..... I'" :; I ;; );,1 z " .. .... ~-~ ESMr. "'-1 ,. ....A'Vf-=.--.. I i~ p, 14/16 ~ r. C <: z ... -c .. .. .. .. .. .. <: " .. .. " ; ~ r .. 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'" ~ {'> ~ -, :: ::l .... . ,.,.... =:1l -l It .n o _.._ Z ::!. 0 00 c: ... ... ... ... :II III .. ... r ~ ;lI '" ~ @ f .. ~ ~ No. C:UJJ P. 15/16 ,,~ ...~ lA' " .. /I.. _n .... ...:..U :; ~ .. , .. ., " .. .. ., c " .. . . - , .. \~1\ -' 11' .'!\'l liii ,h\N \ill , c , ,. c; c ~ - , .. .. :z .. ......y@ IQ -~, n ... .. .. .. ... o !; ~ .. n .. !: ... D S . . . Aug. 18. 1998 ~ ' ') '>< "ll u ' .'J/Ll No, 8055 P. 16,/16 EXHIBIT "A" UST OF PRINTED EXCEPTIONS AND EXCLUSIONS Note: This Exhibit reflectS rbe matters which are excluded and exceptcd from co\'erage in die 1990 CLTA Slandard Cov~c Policy and the 1992 ALTA Extended CO\'CTalc Loan Policy with ALTA endorsement. Form I Coverage. If the issuance of any other type ofpoliey is anticipated, the escrow officer should be conacted to detcnnine die applicable c:x.clusions and exceptions. 1992 AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE LOAN POllCY WITH ALT A ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws. ordinances,. or regulations) restriCting. regulating. prohibiting or relacing to (i) the occupancy. use, or enjoyment of the land: (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land; (iji) a separation in ownership Of a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection. or the effect of any violation of these laws; ordinances or govemmental regulations, c:x.ecpt to the extent that a noticc of the enforcement thereof or a notice of ! defect, lien or encumbrance resulting from a violation or alleged \'iolation affecting the land had been recorded in the publie records at Date ofpoHC)'. (b) Any govemmemal police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a d.:fect, lien or eneumbrmce resulting from a violation or alleged ...iolation affeCting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless nonce of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking whieh has OCCUlTed prior to Date of policy which would be binding on the rights of a purchaser for value without knowledge, 3. (a) (b) Defms, liens. encumbrances, ad"'e~ claims or other matters: created, suffered. assumed or agreed to by the insured claimant; notlrnown to the Company, not recorded in the public reeords at date of policy, but lcnown to the insured claimant and noc disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to datc of policy (except to the extent that this policy insures the priority of the lien of the insurc:d mOllgage over any statUtory fie:ns for services, Jabof or macerials, or to the c:x.tenl insurance is afforded herein as to assessmentS for SCTC'Ct improvements under conSttll.ction or completed at dare of policy); or (e) resulting in loss or damage which would noc have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured al dare of policy, or the inability or failun: of any subsequent owner of the indebtedness, to comply with applicable doing business Jaws of the state in which the land is situated. S. Invalidity or unenforceability of th; lien of the insured mortgage, or claim thereof. whieh arises out of the transaction evidenced by the insured mongage and is based upon usul)' or any consumcr crcdit protection or tl'Uth-in-lending law. 6. Any statutory lien for services, labor or materials (or the claim or prioriry of any statutory lien for seT'lices., labor or materials over the lien of the insured mortgage) arising from the improvement or work related to the land which is contracted for MId eommenced subsequent to dare of policy and is not fmanced in whole or in pan by proceeds of the indebcedness secured by the insurc:d mortgage which at dace of policy the insured has advanced or is obljgll~d 10 ad...ance. 7. Any claim, which arises out of the transaction creatini the interest of the mortgagee insured by this policy, by reason of the operation of federal banlcruptcy, Stale insolvency or similar creditors' rights laws that is based on (i) the transactioll creating the interest of the insured mortpicc beine deemed a fraudulent conveyance or fraudulent transfer; or (ii) subordination of the intereSt of the insured mortgagee as the result of the application of the <1OCtrine of equitable subordination; or (Hi) the transaction ereating the interest of the insured mortgagee being d.eemed a preferentiallransfer accept where the preferential transfer results from the failure: (a) 10 timely record the insttUment of transfer; or (b) of such recordation to impan notice to purchaser for value or ajudgmcnc or lien creditor. PARCEL MAP - CAMPBELL TECH PARK Project: 2332mpck Lot Map Check Tue Aug 25 15:33:25 1998 Lot name: 2332-1 North: 1517.3075 East: 3592.4157 Line Course: N 89-50-00 W Length: 273.90 North: 1518.1042 East: 3318.5168 Curve Length; 520.15 Radius: 3000.00 Delta: 9-56-03 Tangent: 260 . 73 Chord; 519.50 Course; N 30-03-26 E Course In: S 64.54-35 E Course Out: N 54-58-32 W RP North: 245.9669 East: 6035.4391 End North: 1967.7445 East: 3578.7173 Line Course: S 53-38-08 E Length: 285.57 North: 1798.4246 East; 3808.6760 Line Course: N 50-33-30 E Length: 38.53 North: 1822.9024 East: 3838.4316 Line Course; N 38-36-32 E Length: 190.01 North: 1971.3807 East: 3956.9980 Line Course; S 51-23-28 E Length: 43.18 North: 1944.4363 East: 3990.7399 Curve Length: 61.59 Radius: 137.50 Delta: 25-39-49 Tangent; 31.32 Chord: 61.07 Course: S 38-33-34 E Course In: S 38-36-32 W Course Out: N 64-16-21 E RP North: 1836.9906 East: 3904.9398 End North: 1896.6782 East: 4028.8092 Line Course: S 25-43-39 E Length: 27.03 North: 1872.3277 East: 4040.5427 Curve Length; 82.59 Radius; 322.50 Del ta: 14-40-24 Tangent: 41.52 Chord: 82.37 Course: S 57-53-42 W Course In: S 24-46-06 E Course Out; N 39-26-30 W RP North: 1579.4947 East: 4175.6542 End North: 1828.5524 East: 3970.7724 Line Course: S 50-33-30 W Length: 489.92 North: 1517.3100 East: 3592.4210 Line Course: S 64-54-52 W Length: 0.01 North: 1517.3057 East: 3592.4120 Perimeter: 2012.48 Area: 152,777 sq.ft. 3.51 acres Mapcheck Closure - (Uses Error Closure: 0.0041 Error North: -0.00173 Precision 1: 494,374.30 listed courses, radii, and deltas) Course: S 64-54-52 W East: -0.00369 Lot name: 2332-2 North: 1955.3255 Line Course: N 38-36-32 E North: 2345.6545 Line Course: N 51-23-28 W North: 2518.9145 Line Course: S 46-20-20 W North: 2416.2947 Curve Length; 592.45 De l ta: 11-18- 54 Chord: 591.49 Course In: S 43-39-38 E RP North: 245.9669 East: 3977.0925 Length: 499.51 East: 4288.7871 Length: 277.66 East: 4071.8170 Length; 148.64 East: 3964.2855 Radius: 3000.00 Tangent: 297.19 Course: S 40-40-55 W Course Out: N 54-58-32 W East: 6035.4391 RECOver -' AUG 2 7 1998 PUBLIC ADMIN/ST~onj{S AT/ON End North: 1967.7445 East: 3578.7173 Line Course: S 53-38-08 E Length: 285.57 North: 1798.4246 East: 3808.6760 Line Course: N 50-33-30 E Length: 38.53 North: 1822.9024 East: 3838.4316 Line Course: N 38-36-32 E Length: 190.01 North: 1971.3807 East: 3956.9980 Line Course: S 51-23-28 E Length: 25.73 North: 1955.3252 East; 3977.1040 Line Course: N 88-06-32 W Length: 0.01 North: 1955.3255 East: 3977.0940 Perimeter: 2058.11 Area; 222,421 sq.ft. 5.11 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0016 Course: S 88.06-36 E Error North: -0.00005 East: 0.00156 Precision 1; 1,316,972.54 Lot name: 2332-3 North: 2818.4192 Line Course: S 46-20-20 W North: 2518.9136 Line Course: S 51-23-28 E North: 2345.6535 Line Course: S 38-36-32 W North: 2296.8145 Line Course: S 51-23-28 E North: 2147.1729 Line Course: S 83-39-40 E North: 2136.7922 Line Course: N 06-21-02 E North; 2597.9748 Line Course: N 07-21-02 E North: 2817.7834 Line Course: N 89-50-16 W North: 2818.4195 Line Course: S 88-07-34 E North: 2818.4192 East: 4385.6651 Length: 433.82 East; 4071.8241 Length: 2n.66 Eas t: 4288.7942 Length: 62.50 East: 4249.7942 Length: 239.81 East: 4437.1874 Length: 94.02 East: 4530.6326 Length: 464.03 East: 4581.9595 Length: 221.63 East: 4610.3148 Length: 224.66 East: 4385.6557 Length: 0.01 East: 4385.6657 Perimeter: 2018.14 Area: 218,580 sq.ft. 5.02 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0006 Course: S 88-07-33 E Error North; -0.00002 East: 0.00062 Precision 1: 3,236,503.49 Lot name: 2332-4 North: 2296.8145 Line Course: S 51-23-28 E North: 2147.1729 Line Course: S 83-39-40 E North: 2136.7922 Line Course: S 06-21-02 W North: 1877.1354 Line Course: N 89-56-36 W North: 1877.1389 Line Course: S 00-23-14 E North; 1602.3052 Line Course: N 11-24-59 W North: 1643.3271 Curve Length: 581.73 Delta: 103-21-06 East: 4249.7942 Length; 239.81 East: 4437.1874 Length: 94.02 East: 4530.6326 Length: 261.26 East: 4501. 7343 Length: 3.54 East: 4498.1943 Length: 274.84 East; 4500.0517 Length: 41.85 East: 4491. 7680 Radius: 322.50 Tangent: 408.00 Chord: 506.01 Course: N 63-05-32 W Course In: S 78-35-01 W Course Out: N 24-46-05 W RP North: 1579.4922 East: 4175.6488 End North; 1872.3258 East: 4040.5388 Line Course: N 25-43-39 W Length: 27.03 North: 1896.6763 East: 4028.8053 Curve Length: 61.59 Radius: 137.50 Delta: 25-39-49 Tangent: 31.32 Chord: 61.07 Course: N 38-33-34 W Course In: S 64-16-21 W Course Out: N 38-36-32 E RP North: 1836.9887 East: 3904.9358 End North: 1944.4345 East: 3990.7359 Line Course: N 51-23-28 W Length: 17.45 North; 1955.3233 East; 3977.1001 Line Course: N 38-36-32 E Length: 437.01 North: 2296.8133 East: 4249.7947 Line Course: N 21-47-54 W Length: 0.00 North: 2296.8133 East: 4249.7947 Perimeter: 2040.13 Area: 163,112 sq.ft. 3.74 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0013 Course: S 21-47-54 E Error North: -0.00125 East: 0.00050 Precision 1: 1,517,277.01 Lot name: 2332-BND North; 4113.2733 Line Course: S 46-20-20 W North: 3711.1478 Curve Length: 1112.60 Delta: 21-14-57 Chord; 1106.24 Course In: S 43-39-38 E RP North: 1540.8200 End North: 2812.9573 Line Course: S 89-50-00 E North: 2811. 9324 Line Course: N 50-33-30 E North: 3084.7905 Curve Length: 561.33 Delta: 118-01-30 Chord: 467.22 Course In: S 39-26-29 E RP North: 2874.3456 End North: 2928.2836 Line Course: S 11-24-59 E North: 2847.3277 Curve Length: 45.35 Delta; 57-44-40 Chord: 43.46 Course In: S 31-25-16 W RP North; 2808.9265 End North: 2809.5819 Line Course; S 89-50-00 E North: 2809.5237 Line Course: N 00-23-14 W North: 3171.9954 Line Course; S 89-56-36 E North; 3171.9919 Line Course; N 06-21-02 E North: 3892.8314 Line Course: N 07-21-02 E North: 4112.6400 Line Course: N 89-50-16 W North: 4113.2761 Line Course: S 77-18-52 E East: 6916.4762 Length: 582.46 East: 6495.1037 Radius: 3000.00 Tangent: 562.77 Course: S 35-42-53 W Course Out: N 64-54-35 W East: 8566.2573 East: 5849.3350 Length: 352.32 East: 6201.6535 Length: 429.50 East: 6533.3442 Radius: 272.50 Tangent: 453.74 Course: S 70-25-44 E Course Out: N 78-35-01 E East: 6706.4603 East: 6973.5688 Length: 82.59 East: 6989.9165 Radius: 45.00 Tangent: 24.81 Course: S 29-42-24 E Course Out: N 89-09-56 E East: 6966.4569 East: 7011.4521 Length: 20.00 East: 7031.4521 Length: 362.48 East: 7029.0023 Length: 3.54 East: 7032.5423 Length: 725.29 East: 7112.7676 Length: 221.63 East; 7141.1229 Length: 224.66 East: 6916.4638 Length; 0.01 North: 4113,2739 East; 6916.4735 Perimeter: 4723.77 Area: 815,642 sq.ft. 18.72 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0027 Course: N 77-18-54 W Error North; 0.00059 East; -0.00262 Precision 1: 1,760,761.04 Lot name: 2332-CL North: 1199.9973 East: 4635.2027 Line Course: N 89-50-00 W Length: 48.75 North: 1200.1391 East: 4586.4530 Line Course: N 50-33-30 E Length: 489.92 North: 1511.3815 East: 4964.8043 Curve Length: 664.33 Radius: 322.50 Delta: 118-01-30 Tangent: 537.00 Chord: 552.95 Course: S 70-25-44 E Course In: S 39-26-29 E Course Out: N 78-35-01 E RP North: 1262.3229 East: 5169.6849 End North: 1326.1578 East: 5485.8041 Line Course: S 11-24-59 E Length: 41. 85 North; 1285. 1358 East: 5494.0878 Line Course: S 00-23-14 E Length: 87.64 North: 1197.4978 East: 5494.6801 Line Course: N 89-50-00 W Length: 4.68 North: 1197.5114 East; 5490.0001 Curve Length: 33.06 Radius: 475.00 Delta: 3-59-15 Tangent: 16.54 Chord: 33.05 Course: N 13-24-37 W Course In: N 74-35-46 E Course Out: S 78-35-01 W RP North: 1323.6816 East: 5947.9369 End North; 1229.6612 East: 5482.3349 Line Course: N 11-24-59 W Length: 93.90 North: 1321. 7034 East: 5463.7486 Curve Length: 617.98 Radius: 300.00 Delta: 118-01-30 Tangent: 499.53 Chord: 514.37 Course: N 70-25-45 W Course In: S 78-35-00 W Course Out: N 39-26-30 W RP North: 1262.3206 East: 5169.6845 End North: 1494.0022 East: 4979 . 0968 Line Course: S 50-33-30 W Length: 371.90 North; 1257.7370 East: 4691.8889 Line Course: S 44-28-16 W Length: 80.92 North: 1199.9921 East: 4635.2005 Line Course: N 23-57-53 E Length: 0.01 North: 1200.0013 East: 4635.2045 Perimeter: 2534.93 Area: 27,675 sq.ft. 0.64 acres Mapcheck Closure - (Uses Error Closure: 0.0044 Error North: 0.00399 Precision 1: 580,236.24 listed courses, radii, and deltas) Course: N 23-57-53 E East: 0.00177 Lot name: 2332-EASE-1A North: 1564.5501 Curve Length: 860.16 Del ta: 16-43-24 Chord; 857.11 Course In: S 43-39-39 E RP North: -567.4254 End North: 888.9293 East: 5994.3371 Radius: 2947.00 Tangent: 433.16 Course: S 37-58-39 W Course Out: N 60-23-03 W East: 8028.9106 East: 5466.9114 Curve Length: 37.21 DeLta: 85-16-D7 Chord: 33.87 Course In; S 60-23-03 E RP North: 876.5748 End North: 855.9339 Line Course: S 55-39-10 E North: 746.2860 Curve Length: 1.62 DeLta: 9-17-22 Chord: 1.62 Course In: N 34-20-50 E RP North: 754.5423 End North; 745.4835 Line Course: N 50-33-30 E North: 1015.1715 Curve Length: 71.40 DeLta: 12-41-04 Chord: 71.25 Course In: S 39-26-30 E RP North: 766.1138 End North: 1054.0812 Curve Length: 11.11 Delta: 31-48-51 Chord: 10.96 Course In: N 79-26-56 W RP North: 1057.7435 End North: 1064.9965 Curve Length: 65.86 DeLta: 31-26-42 Chord: 65.03 Course In: S 68-44-13 W RP North: 1021.4784 End North; 1116.9455 Curve Length: 63.75 DeLta: 91-19-01 Chord: 57.21 Course In: N 37-17-31 E RP North: 1148.7678 End North: 1173.7279 Line Course: N 38-36-32 E North: 1524.0479 Curve Length: 15.71 Delta: 90-00-00 Chord: 14.14 Course In: N 51-23-28 W RP North: 1530.2879 End North: 1538.1022 Line Course: N 51-23-28 W North: 1657.9977 Curve Length: 14.36 DeLta: 82-16-12 Chord: 13.16 Course In: S 38-36-32 W RP North: 1650.1834 End North; 1657.4178 Line Course: S 46-20-20 W North: 1564.5463 Line Course: N 74-18-42 E North: 1564.5490 Perimeter: 2535.00 Radius: Tangent; Course: Course Out; East: East; Length: 194.34 East: Radius: Tangent: Course: Course Out: East: East: Length: 424.51 East: Radius: Tangent: Course: Course Out: East: East: Radius: Tangent: Course: Course Out: East: East: Radius: Tangent: Course: Course Out: East: East: Radius: Tangent: Course: Course Out: East: East: Length: 448.31 East: Radius: Tangent: Course: Course Out: East: East: Length: 192.14 East: Radius: Tangent: Course: Course Out: East: East: Length: 134.52 East: Length: 0.01 East: 25.00 23.02 S 13-01-06 E S 34-20-50 W 5488.6454 5474.5402 5634.9938 10.00 0.81 S 60-17-51 E S 25-03-28 W 5640.6359 5636.4006 5964.2377 322.50 35.84 N 56-54-02 E N 26-45-26 W 6169.1194 6023.9264 20.00 5.70 N 05-21-22 W N 68-44-13 E 6004.2646 6022.9031 120.00 33.78 N 36-59-08 W N 37-17-31 E 5911.0720 5983.7772 40.00 40.93 N 07-02-59 W N 51-23-28 W 6008.0123 5976.7553 6256.5012 10.00 10.00 N 06-23-28 W N 38-36-32 E 6248.6869 6254.9269 6104.7842 10.00 8.73 S 87-28-26 W N 43-39-40 W 6098.5442 6091.6403 5994.3237 Area: 273,520 sq. ft. 6.28 acres 5994.3333 Mapcheck Closure - (Uses Error Closure: 0.0039 Error North: -0.00106 Precision 1: 643,851.80 Listed courses, radii, and deLtas) Course: S 74-18-43 W East: -0.00379 Lot name: 2332-EASE-1B North: 2929.5083 East: 14739.9663 Line Course; S 46-20-20 W Length: 582.46 North: 2527.3828 East: 14318.5939 Curve Length: 1112.60 Radius; 3000.00 Delta: 21-14-57 Tangent: 562.77 Chord: 1106.24 Course: S 35-42-53 W Course In: S 43-39-38 E Course Out: N 64-54-35 W RP North: 357.0550 East: 16389.7475 End North: 1629.1923 East: 13672.8252 Line Course: S 89-50-00 E Length; 273.90 North: 1628.3956 East: 13946.7240 Line Course: N 50-33-30 E Length; 23.61 North: 1643.3948 East: 13964.9573 Line Course: N 55-39-10 W Length: 191.22 North: 1751.2824 East: 13807.0797 Curve Length: 77.17 Radius: 52.00 Delta: 85-01-35 Tangent: 47.67 Chord: 70.28 Course: N 13-08-22 W Course In: N 34-20-50 E Course Out; N 60-37-35 W RP North: 1794.2154 East: 13836.4184 End North: 1819.7215 East: 13791.1036 Curve Length: 882.98 Radius: 2982.00 Delta: 16-57-56 Tangent: 444.75 Chord; 879.76 Course: N 37-51-23 E Course In: S 60-37-35 E Course Out: N 43-39-39 W RP North: 357.0432 East: 16389.7371 End North: 2514.3391 East: 14331.0000 Line Course: N 46-20-20 E Length: 560.86 North: 2901.5521 East: 14736.7462 Curve Length: 24.46 Radius: 32.00 Delta: 43-48-12 Tangent: 12.86 Chord: 23.87 Course: N 68-14-26 E Course In: S 43-39-40 E Course Out: N 00-08-32 E RP North: 2878.4021 East: 14758.8388 End North: 2910.4020 East: 14758.9182 Line Course: S 89-51-28 E Length: 87.17 North: 2910.1856 East: 14846.0879 Curve Length: 32.79 Radius: 52.00 Delta: 36-07-44 Tangent: 16.96 Chord: 32.25 Course: S 71-47-36 E Course In; S 00-08-32 W Course Out: N 36-16-16 E RP North: 2858.1858 East: 14845.9588 End North: 2900.1096 East: 14876.7224 Line Course: S 89-51-28 E Length: 27.25 North: 2900.0419 East; 14903.9723 Line Course: N 68-40-12 E Length: 64.36 North: 2923.4522 East: 14963.9237 Line Course: N 07-21-02 E Length; 5.46 North: 2928.8673 East; 14964.6223 Line Course: N 89-50-16 W Length: 224.66 North: 2929.5034 East: 14739.9632 Line Course: N 32-59-16 E Length; 0.01 North: 2929.5118 East: 14739.9686 Perimeter: 4170.97 Area: 57,014 sq.ft. 1.31 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0042 Course: N 32-59-16 E Error North; 0.00349 East: 0.00226 Precision 1: 1,003,656.88 --------------------------------------------------------------------------- Lot name: 2332-EASE-3A North: 1925.5308 East: 6949.9600 Line Course: S 83-39-40 E Length; 128.31 North: 1911.3642 East: 7077.4855 Curve Length: 7.85 Radius: 5.00 Delta: 90-00-00 Tangent: 5.00 Chord: 7.07 Course: N 51-20-20 E Course In: N 06-20-20 E Course Out: S 83-39-40 E RP North: 1916.3337 East: 7078.0376 End North: 1915.7816 East: 7083.0070 Line Course; N 06-20-20 E Length: 150.00 North: 2064.8646 East: 7099.5683 Curve Length: 32.97 Radius: 19.64 Delta: 96-11-48 Tangent: 21.89 Chord: 29.24 Course: N 41-45-34 W Course In: N 83-39-40 W Course Out: N 00-08-32 E RP North: 2067.0330 East: 7080.0484 End North: 2086.6729 East: 7080.0972 Line Course; N 89-51-28 W Length; 82.46 North; 2086.8776 East: 6997.6374 Curve Length: 3.82 Radius: 5.00 Delta: 43-48-12 Tangent: 2.01 Chord: 3.73 Course: S 68-14-26 W Course In: S 00-08-32 W Course Out: N 43-39-40 W RP North: 2081. 8776 East: 6997.6250 End North: 2085.4948 East: 6994. 1730 Line Course: S 46-20-20 W Length: 117. 20 North: 2004.5809 East: 6909.3864 Line Course: S 43-42-11 E Length: 38.96 North: 1976.4156 East: 6936.3046 Line Course: S 06-20-20 W Length: 33.00 North: 1943.6173 East: 6932.6611 Line Course: S 43-42-11 E Length: 25.02 North: 1925.5296 East: 6949.9480 Line Course; N 84-14-11 E Length: 0.01 North: 1925.5306 East: 6949.9579 Perimeter: 619.61 Area: 25,168 sq.ft. 0.58 acres Mapcheck Closure - (Uses Error Closure: 0.0021 Error North; -0.00021 Precision 1: 302,075.95 listed courses, radii, and deltas) Course: S 84-14-12 W East: -0.00204 Lot name: 2332-EASE-3B North: 1802.9671 Line Course: N 46-20-20 E North: 1885.6622 Curve Length: 8.73 Delta: 50-00-00 Chord: 8.45 Course In; S 43-39-40 E RP North; 1878.4279 End North: 1888.3667 Line Course: S 83-39-40 E North: 1863.6649 Curve Length: 54.98 Delta: 90-00-00 Chord: 49.50 Course In: S 06-20-20 W RP North: 1828.8789 End North: 1825.0146 Line Course: S 06-20-20 W North: 1483.7339 Curve Length: 21.34 Delta: 122-16-12 Chord: 17.52 Course In: N 83-39-40 W RP North: 1484.8380 End North: 1477.0238 Line Course; N 51-23-28 W East: 6769.9257 Length: 119.78 East: 6856.5788 Radius: 10.00 Tangent: 4.66 Course; N 71-20-20 E Course Out: N 06-20-20 E East: 6863.4828 East: 6864.5869 Length: 223.73 East: 7086.9490 Radius; 35.00 Tangent: 35.00 Course: S 38-39-40 E Course Out: S 83-39-40 E East: 7083.0847 East: 7117.8707 Length: 343.38 East: 7079.9585 Radius: 10.00 Tangent: 18.14 Course: S 67-28-26 W Course Out: S 38-36-32 W East: 7070.0196 East: 7063.7796 Length: 181.57 North: 1590.3236 East: 6921.8965 Curve Length: 24.35 Radius: 15.50 Delta: 90-00-00 Tangent: 15.50 Chord: 21.92 Course: N 06-23-28 W Course In; N 38-36-32 E Course Out: N 51-23-28 W RP North: 1602.4357 East: 6931. 5686 End North: 1612.10n East: 6919.4565 Line Course; N 38-36-32 E Length: 4.50 North: 1615.6241 East: 6922.2645 Curve Length: 62.83 Radius: 40.00 Delta: 90-00-00 Tangent: 40.00 Chord: 56.57 Course: N 06-23-28 W Course In: N 51-23-28 W Course Out: N 38-36-32 E RP North: 1640.5841 East: 6891. 0075 End North: 1671.8411 East: 6915.9676 Line Course: N 51-23-28 W Length: 186.03 North: 1787.9240 East: 6nO.5993 Curve Length: 17.06 Radius: 10.00 Delta: 97-43-48 Tangent: 11.45 Chord: 15.06 Course; N 02-31-34 W Course In: N 38-36-32 E Course Out: N 43-39-40 W RP North: 1795 . 7382 East: 6n6.8393 End North: 1802.9726 East: 6769.9354 Line Course: S 60-46-17 W Length: 0.01 North: 1802.96n East: 6769.9267 Perimeter: 1248.28 Area: 82,499 sq.ft. 1.89 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0012 Course: N 60-46-14 E Error North; 0.00056 East; 0.00101 Precision 1: 1,083,306.88 Lot name: 2332-EASE-4A North: 1355.9319 Line Course: N 51-23-28 W North: 1489.2434 Curve Length: 23.56 Delta: 90-00-00 Chord: 21.21 Course In: S 38-36-32 W RP North: 14n.5220 End North: 1486.8821 Line Course: S 38-36-32 W North: 1191.2929 Curve Length; 7.85 Delta: 90-00-00 Chord: 7.07 Course In: S 51-23-28 E RP North: 1188.1729 End North: 1184.2658 Line Course: S 51-23-28 E North: 1178.8495 Curve Length: 79.43 Delta; 29-21-44 Chord: 78.57 Course In: S 38-36-32 W RP North: 1057.7288 End North: 1115.8653 Curve Length: 12.09 Delta: 34-37-20 Chord: 11.90 Course In: N 67-58-16 E RP North: 1123.3668 End North; 1106.6600 Curve Length: 312.23 Delta: 55-28-16 East: 6949.5699 Length: 213.64 East: 6782.6265 Radius: 15.00 Tangent; 15.00 Course; S 83-36-32 W Course Out: N 51-23-28 W East: 6773.2665 East: 6761.5451 Length: 378.27 East: 6525.5043 Radius: 5.00 Tangent: 5.00 Course: S 06-23-28 E Course Out: S 38-36-32 W East: 6529.4115 East: 6526.2915 Length: 8.68 East: 6533.0742 Radius: 155.00 Tangent: 40.61 Course: S 36-42-36 E Course Out: N 67-58-16 E East: 6436.3541 East: 6580.0383 Radius: 20.00 Tangent: 6.23 Course: S 39-20-24 E Course Out: S 33-20-56 W East: 6598.5782 East: 6587.5835 Radius: 322.50 Tangent: 169.57 Chord: 300.18 Course: S 81-36-26 E Course In: S 19-20-34 E Course Out: N 36-07-42 E RP North: 802.3638 East: 6694.4016 End North: 1062.8466 East: 6884.5462 Curve Length: 12.94 Radius: 20.00 Delta: 37-04-46 Tangent; 6.71 Chord: 12.72 Course: N 54-53-49 E Course In: N 16-33-48 W Course Out; S 53-38-34 E RP North: 1082.0167 East: 6878.8447 End North: 1070.1603 East: 6894.9515 Line Course: N 36-21-26 E Length: 33.86 North: 1097.4290 East: 6915.0243 Curve Length: 40.87 Radius: 78.00 Delta: 30-01-06 Tangent: 20.91 Chord: 40.40 Course: N 21-20-53 E Course In: N 53-38-34 W Course Out: S 83-39-40 E RP North: 1143.6688 East: 6852.2080 End North; 1135.0569 East: 6929.7312 Line Course: N 06-20-20 E Length: 213.26 North: 1347.0131 East; 6953.2770 Curve Length: 10.08 Radius: 10.00 Delta: 57-43-48 Tangent: 5.51 Chord: 9.65 Course: N 22-31-34 W Course In: N 83-39-40 W Course Out: N 38-36-32 E RP North: 1348.1172 East: 6943.3381 End North: 1355.9314 East; 6949.5781 Line Course: N 87-02-10 W Length: 0.01 North: 1355.9320 East: 6949.5681 Perimeter: 1346.77 Mapcheck Closure - (Uses Error Closure: 0.0017 Error North: 0.00009 Precision 1: 773,528.23 Lot name: 2332-EASE-4B North: 3918.4943 Line Course: S 68-40-12 W North: 3894.8549 Line Course: S 06-20-20 W North: 3021.7656 Curve Length: 43.49 Delta: 30-01-06 Chord: 42.99 Course In: N 83-39-40 W RP North: 3030.9295 End North: 2981.7257 Line Course: S 36-21-26 W North: 2941.2978 Curve Length: 189.75 Delta: 33-42-38 Chord: 187.02 Course In: S 44-52-23 W RP North: 2712.7511 End North: 2776.5861 Line Course; S 11-24-59 E North: 2735.5641 Line Course: N 00-23-14 W North; 3010.3978 Line Course: S 89-56-36 E North: 3010.3943 Line Course: N 06-21-02 E North: 3731.2337 Line Course: N 07-21-02 E North: 3918.4921 Line Course: N 70-19-05 E Area; 110,509 sq.ft. 2.54 acres listed courses, radii, and deltas) Course; N 87-02-11 W East: -0.00174 East: 12437.2934 Length: 64.99 Eas t: 12376.7552 Length: 878.46 East: 12279.7654 Radius: 83.00 Tangent: 22.25 Course: S 21-20-53 W Course Out: S 53-38-34 E East: 12197.2728 East: 12264.1158 Length: 50.20 East: 12234.3563 Radius: 322.50 Tangent: 97.71 Course: S 28-16-18 E Course Out: N 78-35-01 E East: 12006.8202 East: 12322.9394 Length: 41.85 East: 12331.2231 Length: 274.84 East; 12329.3656 Length: 3.54 East: 12332.9056 Length: 725.29 East; 12413.1309 Length: 188.81 East: 12437.2872 Length: 0.01 North: 3918.4955 East: 12437.2966 Perimeter: 2461.22 Area: 60,969 sq.ft. 1.40 acres Mapcheck Closure - (Uses Error Closure: 0.0034 Error North: 0.00114 Precision 1: 727,003.17 listed courses, radii, and deltas) Course: N 70-19-06 E East: 0.00319 Lot name: 2332-EASE-TOTAL --------------------------------------------------------------------------- North: 2507.3812 Line Course: N 55-39-10 W North: 2615.2688 Curve Length: 77.17 Delta: 85-01-35 Chord: 70.28 Course In: N 34-20-50 E RP North: 2658.2018 End North: 2683.7079 Curve Length: 882.98 Del ta: 16-57-56 Chord: 879.76 Course In: S 60-37-35 E RP North: 1221.0296 End North: 3378.3255 Line Course: N 46-20-20 E North: 3765.5385 Curve Length: 24.46 Delta: 43-48-12 Chord: 23.87 Course In: S 43-39-40 E RP North: 3742.3885 End North: 3774.3884 Line Course: S 89-51-28 E North: 3774.1720 Curve Length: 32.79 Delta: 36-07-44 Chord: 32.25 Course In: S 00-08-32 W RP North: 3722.1722 End North: 3764.0960 Line Course: S 89-51-28 E North: 3764.0283 Line Course: N 68-40-12 E North: 3787.4386 Line Course: S 07-21-02 W North: 3760.3034 Line Course: S 68-40-12 W North; 3736.6640 Line Course: S 06-20-20 W North: 2863.5747 Curve Length: 43.49 Delta: 30-01-06 Chord: 42.99 Course In: N 83-39-40 W RP North: 2872.7387 End North: 2823.5348 Line Course: S 36-21-26 W North: 2783.1069 Curve Length: 49.22 Delta: 8-44-40 Chord: 49.17 Course In: S 44-52-22 W RP North: 2554.5592 End North: 2815.0419 Curve Length: 12.94 Del ta: 37-04-46 East: 10711.7728 Length: 191.22 East: 10553.8952 Radius: 52.00 Tangent: 47.67 Course: N 13-08-22 W Course Out: N 60-37-35 W East: 10583.2339 East: 10537.9191 Radius: 2982.00 Tangent: 444.75 Course: N 37-51-23 E Course Out: N 43-39-39 W East: 13136.5526 East: 11077.8155 Length: 560.86 East: 11483.5617 Radius: 32.00 Tangent: 12.86 Course: N 68-14-26 E Course Out: N 00-08-32 E East: 11505.6543 East; 11505.7337 Length: 87.17 East: 11592.9034 Radius: 52.00 Tangent: 16.96 Course: S 71-47-36 E Course Out; N 36-16-16 E East: 11592.7744 East: 11623.5379 Length: 27.25 East: 11650.7878 Length: 64.36 East: 11710.7392 Length: 27.36 East: 11707.2388 Length: 64.99 East: 11646.7005 Length: 878.46 East: 11549.7107 Radius: 83.00 Tangent: 22.25 Course: S 21-20-53 W Course Out: S 53-38-34 E East: 11467.2182 East: 11534.0611 Length: 50.20 East: 11504.3016 Radius: 322.50 Tangent: 24.66 Course: N 49-29-58 W Course Out: N 36-07-42 E East: 11276.7666 East: 11466.9113 Radius: 20.00 Tangent: 6,71 Chord: 12.72 Course In: N 16-33-48 W RP North; 2834.2120 End North: 2822.3556 Line Course: N 36-21-26 E North; 2849.6243 Curve Length: 40.87 Delta: 30-01-06 Chord: 40.40 Course In: N 53-38-34 W RP North: 2895.8641 End North: 2887.2522 Line Course: N 06-20-20 E North: 3099.2084 Curve Length: 10.08 Delta: 57-43-48 Chord: 9.65 Course In: N 83-39-40 W RP North: 3100.3125 End North: 3108.1267 Line Course: N 51-23-28 W North: 3241.4383 Curve Length: 23.56 Delta: 90-00-00 Chord: 21.21 Course In: S 38-36-32 W RP North: 3229.7169 End North: 3239.0769 Line Course: S 38-36-32 W North: 2943.4878 Curve Length: 7.85 Delta: 90-00-00 Chord; 7.07 Course In: S 51-23-28 E RP North: 2940.3678 End North: 2936.4607 Line Course: S 51-23-28 E North: 2931. 0444 Curve Length: 79.43 Delta: 29-21-44 Chord; 78.57 Course In: S 38-36-32 W RP North: 2809.9237 End North: 2868.0602 Curve Length; 12.09 Delta: 34-37-20 Chord: 11.90 Course In: N 67-58-16 E RP North: 2875.5616 End North: 2858.8549 Curve Length: 41.73 Del ta: 7-24-52 Chord: 41. 70 Course In: S 19-20-34 E RP North: 2554.5587 End North: 2842.5261 Curve Length: 11.11 Del ta: 31-48-51 Chord: 10.96 Course In: N 79-26-56 W RP North: 2846.1884 End North: 2853.4414 Curve Length; 65.86 Delta: 31-26-42 Chord: 65.03 Course In: S 68-44-13 W RP North: 2809.9233 End North: 2905.3904 Curve Length: 63.75 Delta: 91-19-01 Chord: 57.21 Course: Course Out: East: East: Length: 33.86 East: Radius: Tangent: Course: Course Out: East: East: Length: 213.26 East: Radius: Tangent; Course: Course Out; East: East: Length: 213.64 East: Radius: Tangent: Course; Course Out: East: East: Length: 378.27 East: Radius: Tangent: Course: Course Out: East: East; Length: 8.68 East; Radius: Tangent: Course: Course Out: East: East: Radius: Tangent: Course: Course Out: East: East; Radius: Tangent: Course: Course Out: East; East: Radius: Tangent: Course: Course Out: East: East; Radius: Tangent: Course: Course Out: East: East: Radius: Tangent: Course: N 54-53-49 E s 53-38-34 E 11461.2098 11477 .3165 11497.3893 78.00 20.91 N 21-20-53 E S 83-39-40 E 11434.5731 11512.0962 11535.6420 10.00 5.51 N 22-31-34 W N 38-36-32 E 11525.7031 11531.9432 11364.9998 15.00 15.00 S 83-36-32 W N 51-23-28 W 11355.6398 11343.9184 11107.8776 5.00 5.00 S 06-23-28 E S 38-36-32 W 11111.7848 11108.6647 11115.4475 155.00 40.61 S 36-42-36 E N 67-58-16 E 11018.7274 11162.4116 20.00 6.23 S 39-20-24 E S 33-20-56 W 11180.9515 11169.9568 322.50 20.90 S 66-57-00 W N 26-45-26 W 11276.7749 11131.5818 20.00 5.70 N 05-21-21 W N 68-44-13 E 11111. 9200 11130.5585 120.00 33.78 N 36-59-08 W N 37-17-31 E 11018.7275 11091. 4326 40.00 40.93 N 07-02-59 W Course In: N 37-17-31 E Course Out: N 51-23-28 W RP North; 2937.2127 East: 11115.6677 End North: 2962.1728 East: 11084.4108 Line Course: N 38-36-32 E Length; 448.31 North: 3312.4928 East: 11364.1566 Curve Length: 15.71 Radius: 10.00 Delta: 90-00-00 Tangent: 10.00 Chord: 14.14 Course: N 06-23-28 W Course In: N 51-23-28 W Course Out: N 38-36-32 E RP North: 3318.7328 East: 11356.3423 End North: 3326.5471 East; 11362.5823 Line Course: N 51-23-28 W Length: 192.14 North: 3446.4426 East: 11212.4396 Curve Length: 14.36 Radius: 10.00 Delta; 82-16-12 Tangent: 8.73 Chord: 13.16 Course: S 87-28-26 W Course In: S 38-36-32 W Course Out; N 43-39-40 W RP North: 3438.6283 East: 11206.1996 End North: 3445.8627 East: 11199.2957 Line Course: S 46-20-20 W Length: 134.52 North: 3352.9912 East: 11101.9791 Curve Length; 860.16 Radius: 2947.00 DeL ta: 16-43-24 Tangent: 433.16 Chord: 857.11 Course: S 37-58-39 W Course In: S 43-39-39 E Course Out: N 60-23-03 W RP North: 1221.0157 East: 13136.5526 End North: 2677.3705 East; 10574.5534 Curve Length; 37.21 Radius: 25.00 DeLta: 85-16-07 Tangent: 23.02 Chord: 33.87 Course: S 13-01-06 E Course In: S 60-23-03 E Course Out: S 34-20-50 W RP North: 2665.0159 East: 10596.2874 End North: 2644.3751 East: 10582.1822 Line Course: S 55-39-10 E Length: 194.34 North: 2534.7272 East: 10742.6359 Curve Length: 1.62 Radius: 10.00 DeLta: 9-17-22 Tangent: 0.81 Chord: 1.62 Course: S 60-17-51 E Course In: N 34-20-50 E Course Out: S 25-03-28 W RP North: 2542.9835 East: 10748.2779 End North: 2533.9247 East: 10744.0426 Line Course: S 50-33-30 W Length: 41.79 North: 2507.3758 East: 10711.7694 Line Course: N 32-52-57 E Length: 0.01 North: 2507.3842 East: 10711.7748 Perimeter: 6219.12 Area: 254,877 sq. ft. 5.85 acres Mapcheck CLosure - (Uses Listed courses, radii, and deLtas) Error CLosure: 0.0036 Course: N 32-52-57 E Error North: 0.00301 East: 0.00194 Precision 1: 1,736,658.18 --------------------------------------------------------------------------- Lot name: 2332-RW North: 1762.3534 Line Course: N 50-33-30 E North: 2073.5958 Curve Length: 664.33 Delta: 118-01-30 Chord: 552.95 Course In: S 39-26-29 E RP North: 1824.5372 End North; 1888.3721 Line Course: S 11-24-59 E North; 1847.3501 Line Course: S 00-23-14 E North; 1759.7121 East: 5093.7997 Length: 489.92 East: 5472.1511 Radius: 322.50 Tangent: 537.00 Course: S 70-25-44 E Course Out: N 78-35-01 E East: 5677.0317 East: 5993.1509 Length: 41.85 East: 6001.4346 Length: 87.64 East: 6002.0269 Line Course: N 89-50-00 W Length: 20.00 North: 1759.7703 East: 5982.0270 Curve Length: 45.35 Radius: 45.00 Delta: 57-44-40 Tangent: 24.81 Chord: 43.46 Course: N 29-42-24 \,/ Course In: S 89-09-56 W Course Out; N 31-25-16 E RP North: 1759.1149 East: 5937.0317 End North: 1797.5161 East: 5960.4913 Line Course: N 11-24-59 W Length: 82.59 North: 1878.4720 East: 5944. 1436 Curve Length; 561.33 Radius: 272.50 Delta: 118-01-30 Tangent: 453.74 Chord: 467.22 Course; N 70-25-44 \,/ Course In: S 78-35-01 W Course Out: N 39-26-29 W RP North: 1824.5340 East: 5677.0352 End North: 2034.9789 East; 5503.9190 Line Course: S 50-33-30 W Length: 429.50 North: 1762.1208 East: 5172.2283 Line Course; N 89-50-00 W Length: 29.68 North; 1762.2072 East: 5142.5484 Line Course: N 89-50-00 W Length: 48.75 North: 1762.3490 East: 5093.7986 Line Course: N 13-54-57 E Length: 0.00 North: 1762.3490 East: 5093.7986 Perimeter: 2500.94 Area; 58,762 sq.ft. 1.35 acres Mapcheck Closure - (Uses Error Closure: 0.0046 Error North: -0.00443 Precision 1: 547,409.76 listed courses, radii, and deltas) Course: S 13-54-57 \,/ East: -0.00110 IMI; \l J HMH, Incurporated ...4'. .l... .; 1'.....1 eMf Engineers. Planners. Surveyors j . .1 ! l ..,~ _ ",.;:s .,=4#1 _, February 18, 1999 HMH 2332-02-31 Page 1 of 16 pages MAP CHECK CALCULA nONS PARCEL MAP Campbell Technology Park CAMPBELL, CALIFORNIA These calculations were derived from the Parcel Map, date 2332MCPK. WPD James T. Harper VVilliam J. Wagner, R.C.E. -RE(~r"" frD FF~':)':~19 ?Ub~'lN aAKS t"DMINIS TRATIO/'o. Steven M. Mendenhall License expires 9-30-01 LS 4444 1570 Oakland Road, Suite 200 . P.O. Box611510. San Jose, CA95161-1510. Tel: (408)487-2200. Fax: (408)487-2222 February 18, 1999 HMH 2332-02-31 Page 2 of 16 pages .-------------------------------------------------------------------------- Lot name: 2332-1 North: 1448.7432 East: 2756.7811 RFC'C"/ED Curve Length: 520. 15 Radius: 3000.00 Delta: 9-56-03 Tangent: 260.73 Chord: 519.50 Course: N 30-03-26 E f;: '4 1 ~ .j'~"'9 -..',", ,~:.J, Course In: S 64-54-35 E Course Out: N 54-58-32 \J RP North: 176.6059 East: 5473.7034 PGu~IC \NORKS End North; 1898.3835 East: 3016.9817 ,"OM\NISTRAT1O~, Line Course; S 53-38-08 E Length: 285.57 North: 1729.0635 East: 3246.9403 Line Course; N 50-33-30 E Length: 38.53 North: 1753.5413 East: 3276.6959 Line Course: N 38-36-32 E Length: 190.01 North; 1902.0197 East: 3395.2623 Line Course: S 51-23-28 E Length: 43.18 North; 1875 . 0753 East: 3429.0042 Curve Length: 61.59 Radius: 137.50 Delta: 25-39-49 Tangent: 31.32 Chord; 61.07 Course: S 38-33-34 E Course In: S 38-36-32 \J Course Out: N 64-16-21 E RP North: 1767.6295 East: 3343.2041 End North: 1827.3171 East; 3467.0735 Line Course: S 25-43-39 E Length: 27.03 North: 1802.9666 East: 3478.8070 Curve Length: 82.59 Radius: 322.50 Del ta: 14-40-24 Tangent; 41.52 Chord: 82.37 Course; S 57-53-42 \J Course In: S 24-46-06 E Course Out: N 39-26-30 \J RP North: 1510.1337 East: 3613.9185 End North: 1759.1913 East: 3409.0367 Line Course: S 50-33-30 \J Length: 431.99 North; 1484.7514 East: 3075.4231 Curve Length: 43.60 Radius: 145.00 Del ta: 17-13-37 Tangent: 21. 96 Chord: 43.43 Course: S 41-56-42 \J Course In: S 39-26-30 E Course Out: N 56-40-07 \J RP North: 1372.7720 East; 3167.5404 End North; 1452.4467 East: 3046.3920 Line Course: S 33-19-53 \J Length: 5.43 North: 1447.9099 East: 3043.4083 Line Course: N 89-50-00 \J Length: 286.62 North; 1448.7436 East: 2756.7895 Line Course: S 86-43-49 \J Length: 0.01 North; 1448.7431 East: 2756.7796 Perimeter; 2016.30 Area: 152,946 sq.ft. 3.51 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0016 Course: S 86-43-48 \J Error North: -0.00009 East: -0.00159 Precision 1; 1,266,326.91 ------------------------------------------------------.-------------------- Lot name: 2332-2 North: 2638.1613 Line Course; S 38-36-32 \J North: 2247.8324 Line Course: N 51-23-28 \J East: 4001.6525 Length: 499.51 East: 3689.9579 Length: 25.73 2332MCPK. WPD February 18, 1999 HMH 2332-02-31 Page 3 of 16 pages North: 2263.8880 Line Course: S 38-36-32 W North: 2115.4096 Line Course: S 50-33-30 W North: 2090.9318 Line Course: N 53-38-08 W North: 2260.2518 Curve Length: 592.45 Delta; 11-18-54 Chord: 591.49 Course In: S 54-58-32 E RP North: 538.4742 End North: 2708.8020 Line Course; N 46-20-20 E North: 2811.4218 Line Course: S 51-23-28 E North; 2638.1617 Line Course: S 88-06-32 E North: 2638.1614 East: Length: 190.01 East: Length: 38.53 East: Length; 285.57 East; Radius: Tangent: Course: Course Out: East; East: Length: 148.64 East: Length: 2n.66 East: Length: 0.01 East: 3669.8518 3551.2854 3521.5298 3291.5712 3000.00 297.19 N 40-40-55 E N 43-39-38 W 5748.2930 36n.1394 3784.6709 4001. 641 0 Perimeter: 2058.11 Area: 222,426 sq.ft. 5.11 acres 4001.6510 Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0016 Course: N 88-06-36 W Error North: 0.00005 East: -0.00156 Precision 1: 1,316,972.54 Lot name: 2332-3 --~------------------------------------------------------------------------ North: 2818.4192 East: 4385.6651 Line Course: S 46-20-20 W Length: 433.82 North: 2518.9136 East: 4071.8241 Line Course: S 51-23-28 E Length; 2n.66 North: 2345.6535 East: 4288.7942 Line Course: S 38-36-32 W Length: 62.50 North: 2296.8145 East: 4249.7942 Line Course: S 51-23-28 E Length: 239.81 North; 2147.1729 East: 4437.1874 Line Course; S 83-39-40 E Length: 94.02 North: 2136.7922 East: 4530.6326 Line Course; N 06-21-02 E Length: 464.03 North: 2597.9748 East: 4581.9595 Line Course: N 07-21-02 E Length: 221.63 North: 2817.7834 East: 4610.3148 Line Course: N 89-50-16 W Length: 224.66 North; 2818.4195 East: 4385.6557 Line Course: S 88-07-34 E Length; 0.01 North: 2818.4192 East: 4385.6657 Perimeter; 2018.14 Area: 218,580 sq.ft. 5.02 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0006 Course; S 88-07-33 E Error North: -0.00002 East: 0.00062 Precision 1: 3,236,503.49 Lot name: 2332-4 --------------------------------------------------------------------------- 2332MCPK. WPD RF C~'[-I\Ir:D f ~.. ~ 1 ,: 1,-~q9 ' .. \ ..... J ;?u........,1... NURKS /-:nMINIS TRATIOh February 18, 1999 HMH 2332-02-31 Page 4 of 16 pages North: 1602.2952 Line Course: N 00-23-14 W North: 1877.1389 Line Course: S 89-56-36 E North: 1877.1354 Line Course; N 06-21-02 E North; 2136.7922 Line Course: N 83-39-40 W North; 2147.1729 Line Course: N 51-23-28 W North; 2296.8145 Line Course; S 38-36-32 W North; 1955.3245 Line Course: S 51-23-28 E North: 1944.4357 Curve Length: 61.59 Delta: 25-39-49 Chord; 61.07 Course In: S 38-36-32 W RP North: 1836.9900 End North: 1896.6776 Line Course: S 25-43-39 E North: 1872.3271 Curve Length: 581.73 Delta: 103-21-06 Chord: 506.01 Course In: S 24-46-05 E RP North: 1579.4935 End North; 1643.3284 Line Course: S 11-25-00 E North: 1602.2966 Line Course: S 47-18-50 W North; 1602.2966 Perimeter: 2040.15 Mapcheck Closure - (Uses Error Closure: 0.0022 Error North: 0.00149 Precision 1: 930,652.66 East: 4500.0518 Length; 274.85 East: 4498.1943 Length: 3.54 East: 4501.7343 Length; 261.26 East: 4530.6326 Length: 94.02 East: 4437.1874 Length; 239.81 East: 4249.7942 Length; 437.01 East: 3977.0996 Length: 17.45 East: 3990.7354 Radius; 137.50 Tangent: 31.32 Course: S 38-33-34 E Course Out: N 64-16-21 E East: 3904.9353 East: 4028.8048 Length; 27.03 East; 4040.5383 Radius: 322.50 Tangent: 408.00 Course: S 63-05-32 E Course Out: N 78-35-01 E East: 4175.6483 East: 4491.7675 Length: 41.86 East; 4500.0534 Length: 0.00 East; 4500.0534 Area: 163,112 sq.ft. 3.74 acres listed courses, radii, and deltas) Course: N 47-18-50 E East: 0.00161 Lot name; 2332-BND --------------------------------------------------------------------------- North: 4113.2733 Line Course: S 46-20-20 W North; 3711.1478 Curve Length: 1112.60 Delta: 21-14-57 Chord: 1106.24 Course In: S 43-39-38 E RP North: 1540.8200 End North: 2812.9573 Line Course: S 89-50-00 E North; 2811. 9324 Line Course: N 50-33-30 E North: 3084.7905 Curve Length: 561.33 Delta: 118-01-30 Chord: 467.22 Course In: S 39-26-29 E RP North: 2874.3456 2332MCPK. WPD East: 6916.4762 Length: 582.46 East: 6495.1037 Radius: 3000.00 Tangent: 562.77 Course: S 35-42-53 W Course Out; N 64-54-35 W East: 8566.2573 East: 5849.3350 Length; 352.32 East: 6201.6535 Length; 429.50 East: 6533.3442 Radius: 272.50 Tangent: 453.74 Course: S 70-25-44 E Course Out: N 78-35-01 E East: 6706.4603 R r= (, '1--,', ! ro" ~ ,~,.. t .... ~ -\v' L: c: ;;:' 1 " NOS r l ',' ,..J .;lW........,<,. ,.uA&C: CM!N!STRkYlC;, February 18, 1999 HMH 2332-02-31 Page 5 of 16 pages End North: 2928.2836 line Course: S 11-25-00 E North: 2847.3278 Curve length: 45.35 Del ta: 57-44-40 Chord: 43.46 Course In: S 31-25-16 W RP North: 2808.9266 End North: 2809.5820 line Course: S 89-50-00 E North; 2809.5238 line Course: N 00-23-14 W North: 3171.9955 line Course; S 89-56-36 E North: 3171.9920 line Course: N 06-21-02 E North: 3892.8314 Line Course: N 07-21-02 E North: 4112.6401 Line Course: N 89-50-16 W North; 4113.2762 line Course: S 76-33-15 E North: 4113.2738 East: 6973.5688 length; 82.59 East: 6989.9169 Radius; 45.00 Tangent: 24.81 Course: S 29-42-24 E Course Out; N 89-09-56 E East: 6966.4573 East: 7011.4525 Length: 20.00 East: 7031.4525 length: 362.48 East: 7029.0027 length; 3.54 East: 7032.5427 length: 725.29 East: 7112.7680 Length: 221.63 East: 7141.1233 Length: 224.66 East: 6916.4642 length: 0.01 East: 6916.4739 Perimeter: 4723.77 Area: 815,643 sq.ft. 18.72 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0023 Course: N 76-33-12 W Error North: 0.00054 East: -0.00225 Precision 1: 2,037,526.62 Lot name: 2332-Cl --------------------------------------------------------------------------- North; 1199.9950 line Course: N 89-50-00 W North; 1200.1001 line Course: N 33-19-53 E North: 1204.6369 Curve length: 43.60 Del ta: 17-13-37 Chord: 43.43 Course In: S 56-40-07 E RP North: 1124.9622 End North: 1236.9416 line Course: N 50-33-30 E North: 1511.3815 Curve length: 664.33 Delta: 118-01-30 Chord: 552.95 Course In; S 39-26-29 E RP North: 1262.3229 End North: 1326.1578 line Course: S 11-25-00 E North: 1285.1260 line Course: S 00-23-14 E North: 1197.4980 line Course: N 89-50-00 W North: 1197.5116 Curve length: 33.06 Del ta: 3-59-15 Chord; 33.05 2332MCPK, WPD East: 4635.2958 length: 36.12 East: 4599.1759 Length; 5.43 East: 4602.1596 Radius: 145.00 Tangent; 21.96 Course: N 41-56-42 E Course Out: N 39-26-30 W East: 4723.3080 East: 4631.1907 Length: 431.99 East; 4964.8043 Radius: 322.50 Tangent: 537.00 Course: S 70-25-44 E Course Out: N 78-35-01 E East: 5169.6849 East: 5485.8041 length: 41.86 East: 5494.0900 Length: 87.63 East: 5494.6822 Length: 4.68 East: 5490.0022 Radius: 475.00 Tangent: 16.54 Course: N 13-24-37 W .R. L.' C" rw'!' ,rEf") t [.':' - 4....... f '<It -....,1' ~~~ 1 ., ~(1Q9 ri-~ :.} tJ.:J t'uw;..IL WOAKS "~OM\NIS,.RATIC,h February 18, 1999 HMH 2332-02-31 Page 6 of 16 pages Course In; N 74-35-46 E RP North: 1323.6819 End North; 1229.6615 Line Course; N 11-25-00 W North: 1321.7035 Curve Length: 617.98 Delta: 118-01-30 Chord: 514.37 Course In: S 78-35-00 W RP North: 1262.3208 End North: 1494.0023 Line Course; S 50-33-30 W North: 1257.7371 Line Course: S 44-25-27 W North: 1199.9959 Line Course: S 72-10-00 W North: 1199.9959 Perimeter: 2513.32 Mapcheck Closure - (Uses Error Closure: 0.0028 Error North: 0.00086 Precision 1: 891,938.99 Course Out: East; East: Length; 93.90 East: Radius: Tangent; Course: Course Out: East: East: Length; 371.90 East: Length: 80.85 East: Length: 0.00 East: S 78-35-01 W 5947.9390 5482.3370 5463.7502 300.00 499.53 N 70-25-45 W N 39-26-30 W 5169.6862 4979.0985 4691.8906 4635.2985 4635.2985 Area: 27,508 sq.ft. 0.63 acres listed courses, radii, and deltas) Course: N 72-10-00 E East; 0.00268 Lot name: 2332-EASE-1A --------------------------------------------------------------------------- North; 1564.5463 East: 5994.3237 Line Course: N 46-20-20 E Length: 134.52 North: 1657.4178 East: 6091.6403 Curve Length: 14.36 Radius: 10.00 Delta: 82-16-12 Tangent: 8.73 Chord: 13.16 Course; N 87-28-26 E Course In; S 43-39-40 E Course Out: N 38-36-32 E RP North: 1650.1834 East: 6098.5442 End North; 1657.9977 East: 6104.7842 Line Course: S 51-23-28 E Length: 192.14 North: 1538.1022 East; 6254.9269 Curve Length: 15.71 Radius; 10.00 Delta: 90-00-00 Tangent: 10.00 Chord: 14.14 Course; S 06-23-28 E Course In; S 38-36-32 W Course Out: S 51-23-28 E RP North: 1530.2879 East: 6248.6869 End North: 1524.0479 East: 6256.5012 Line Course: S 38-36-32 W Length: 448.31 North; 1173.7279 East: 5976.7553 Curve Length; 63.75 Radius: 40.00 Delta: 91-19-01 Tangent: 40.93 Chord: 57.21 Course: S 07-02-59 E Course In: S 51-23-28 E Course Out: S 37-17-31 W RP North; 1148.7678 East: 6008.0123 End North: 1116.9455 East; 5983.7772 Curve Length: 65.86 Radius: 120.00 Delta: 31-26-42 Tangent; 33.78 Chord: 65.03 Course: S 36-59-08 E Course In; S 37-17-31 W Course Out: N 68-44-13 E RP North: 1021.4784 East; 5911.0720 End North; 1064.9965 East: 6022.9031 Curve Length; 11.11 Radius: 20.00 Delta: 31-48-51 Tangent: 5.70 Chord: 10.96 Course: S 05-21-22 E 2332MCPK, WPD REC' f'/Er, i.". ol-/ F.~1 1 J 'J9 :PWdi... C ;i ()Rt<S "\DMlhllS niA1iO!\ February 18, 1999 HMH 2332-02-31 Page 7 of 16 pages Course In: S 68-44-13 W RP North: 1057.7435 End North: 1054.0812 Curve Length: 71.40 Delta: 12-41-04 Chord: 71.25 Course In; S 26-45-26 E RP North: 766.1138 End North: 1015.1715 Line Course: S 50-33-30 W North: 745.4835 Curve Length: 1.62 Delta: 9-17-22 Chord: 1.62 Course In: N 25-03-28 E RP North; 754.5423 End North: 746.2860 Line Course: N 55-39-10 W North: 855.9339 Curve Length: 37.21 Delta: 85-16-07 Chord: 33.87 Course In: N 34-20-50 E RP North: 876.5748 End North: 888.9293 Curve Length: 860.15 Del ta: 16-43-23 Chord: 857.10 Course In: S 60-23-03 E RP North: -567.4254 End North: 1564.5402 Line Course; N 26-49-22 W North: 1564.5492 Perimeter: 2534.98 Hapcheck Closure - (Uses Error Closure: 0.0032 Error North: 0.00283 Precision 1: 799,713.91 Course Out: S 79-26-56 E East: 6004.2646 East; 6023.9264 Radius: 322.50 Tangent: 35.84 Course: S 56-54-02 W Course Out: N 39-26-30 W East: 6169.1194 East; 5964.2377 Length: 424.51 East: 5636.4006 Radius: 10.00 Tangent: 0.81 Course: N 60-17-51 W Course Out: S 34-20-50 W East: 5640.6359 East: 5634.9938 Length: 194.34 East; 5474.5402 Radius: 25.00 Tangent: 23.02 Course: N 13-01-06 W Course Out; N 60-23-03 W East; 5488.6454 East: 5466.9114 Radius: 2947.00 Tangent: 433.15 Course: N 37-58-39 E Course Out: N 43-39-40 W East: 8028.9106 East: 5994.3267 Length; 0.01 East; 5994.3222 Area: 273,520 sq.ft. 6.28 acres listed courses, radii, and deltas) Course: N 26-49-22 W East: -0.00143 Lot name: 2332-EASE-1B --------------------------------------------------------------------------- North: 2929.5102 Line Course; S 89-50-16 E North: 2928.8741 Line Course: S 07-21-02 W North: 2923.4590 Line Course: S 68-40-12 W North: 2909.9824 Line Course: N 89-51-28 W North: 2910.4056 Curve Length; 24.46 Delta: 43-48-12 Chord: 23.87 Course In: S 00-08-32 W RP North: 2878.4057 End North; 2901.5557 Line Course: S 46-20-20 W North: 2514.3427 Curve Length: 882.98 2332MCPK. WPD East: 14739.9720 Length; 224.66 East; 14964.6311 Length: 5.46 East: 14963.9325 Length: 37.05 East: 14929.4204 Length: 170.50 East: 14758.9209 Radius; 32.00 Tangent: 12.86 Course: S 68-14-26 W Course Out: N 43-39-40 W East: 14758.8415 East; 14736.7490 Length: 560.86 East: 14331.0027 Radius; 2982.00 8 F f' -, 1 ,,:, ,j... ') c....' 'ED 09 -,) "" ~UUi...I~ ,i./OHKS ',!)MINIS rnATIOi-. February 18, 1999 HMH 2332-02-3 I Page 8 of 16 pages Del ta; 16-57-56 Tangent: 444.75 Chord: 879.76 Course: S 37-51-23 W Course In: S 43-39-39 E Course Out: N 60-37-35 W RP North: 357.0468 East: 16389.7398 End North: 1819.7251 East: 13791. 1063 Curve Length: 71.17 Radius; 52.00 Delta; 85-01-35 Tangent: 47.67 Chord: 70.28 Course: S 13-08-22 E Course In: S 60-37-35 E Course Out: S 34-20-50 W RP North: 1794.2190 East: 13836.4212 End North: 1751.2860 East: 13807.0824 Line Course: S 55-39-10 E Length: 195.23 North: 1641.1360 East: 13968.2709 Curve length: 10.10 Radius: 145.00 Delta: 3-59-33 Tangent; 5.05 Chord: 10.10 Course: S 35-19-40 W Course In; S 52-40-34 E Course Out: N 56-40-07 W RP North: 1553.2196 East: 14083.5719 End North: 1632.8943 East: 13962.4294 Line Course: S 33-19-53 W length: 5.43 North: 1628.3575 East: 13959.4458 Line Course: N 89-50-00 W Length; 286.62 North: 1629.1912 East: 13672.8270 Curve length: 1112.60 Radius: 3000.00 Delta: 21-14-57 Tangent: 562.77 Chord: 1106.24 Course: N 35-42-53 E Course In; S 64-54-35 E Course Out: N 43-39-38 W RP North: 357.0539 East: 16389.7493 End North: 2527.3817 East: 14318.5957 Line Course; N 46-20-20 E Length: 582.46 North: 2929.5072 East: 14739.9682 Line Course: N 52-07-08 E length: 0.00 North: 2929.5072 East: 14739.9682 Perimeter: 4175.60 Mapcheck Closure - (Uses Error Closure: 0.0048 Error North: -0.00296 Precision 1: 865,538.78 Area: 56,640 sq.ft. 1.30 acres listed courses, radii, and deltas) Course: S 52-07-08 W East: -0.00381 lot name; 2332-EASE-3A ~-------------------------------------------------------------------------- North: 1925.5308 line Course; S 83-39-40 E North: 1911.3642 Curve length: 7.85 Delta: 90-00-00 Chord: 7.07 Course In: N 06-20-20 E RP North: 1916.3337 End North; 1915.7816 Line Course: N 06-20-20 E North: 2064.8646 Curve length: 32.97 Delta: 96-11-48 Chord: 29.24 Course In: N 83-39-40 W RP North; 2067.0330 End North: 2086.6729 line Course: N 89-51-28 W 2332MCPK. WPD East: 6949.9600 length: 128.31 East: 7071.4855 Radius: 5.00 Tangent: 5.00 Course; N 51-20-20 E Course Out: S 83-39-40 E East: 7078.0376 East: 7083.0070 length; 150.00 East: 7099.5683 Radius: 19.64 Tangent: 21.89 Course: N 41-45-34 W Course Out: N 00-08-32 E East: 7080.0484 East: 7080.0972 length: 82.46 , ..- [)'" !\J t:! .. REC' F;':.~ 1;;'1 <19 >J , i(.;Gi..I(. "~OR\<S ,i.,DMIN1S TRA1!Ch February 18, 1999 HMH 2332-02-31 Page 9 of 16 pages North; 2086.8776 East: Curve Length: 3.82 Radius: Delta: 43-48-12 Tangent: Chord; 3.73 Course: Course In: S 00-08-32 \J Course Out: RP North: 2081.8776 East: End North: 2085.4948 East: Line Course: S 46-20-20 W Length: 117.20 North: 2004.5809 East: Line Course: S 43-42-11 E Length; 38.96 North: 1976.4156 East: Line Course: S 06-20-20 \J Length: 33.00 North: 1943.6173 East; Line Course: S 43-42-11 E Length: 25.02 North: 1925.5296 East; Line Course: N 84-14-11 E Length: 0.01 North: 1925.5306 East: 6997.6374 5.00 2.01 S 68-14-26 \J N 43-39-40 \J 6997.6250 6994. 1730 6909.3864 6936.3046 6932.6611 6949.9480 Perimeter; 619.61 Area: 25,168 sq.ft. 0.58 acres 6949.9579 Mapcheck Closure - (Uses Error CLosure: 0.0021 Error North: -0.00021 Precision 1: 302,075.95 listed courses, radii, and deltas) Course: S 84-14-12 \J East: -0.00204 Lot name: 2332-EASE-3B ...------------------------------------------------------------------------ North; 1802.9671 Line Course: N 46-20-20 E North; 1885.6622 Curve Length: 8.73 Delta: 50-00-00 Chord; 8.45 Course In: S 43-39-40 E RP North: 1878.4279 End North: 1888.3667 Line Course: S 83-39-40 E North: 1863.6649 Curve Length: 54.98 Delta: 90-00-00 Chord: 49.50 Course In: S 06-20-20 \J RP North; 1828.8789 End North: 1825.0146 Line Course; S 06-20-20 \J North: 1483.7339 Curve Length: 21.34 Delta: 122-16-12 Chord: 17.52 Course In: N 83-39-40 W RP North: 1484.8380 End North: 1477.0238 Line Course: N 51-23-28 W North: 1590.3236 Curve Length: 24.35 Delta: 90-00-00 Chord: 21.92 Course In: N 38-36-32 E RP North: 1602.4357 End North; 1612.1077 Line Course: N 38-36-32 E 2332MCPK. WPD East: 6769.9257 Length; 119.78 East: 6856.5788 Radius: 10.00 Tangent: 4.66 Course: N 71-20-20 E Course Out: N 06-20-20 E East: 6863.4828 East; 6864.5869 Length: 223.73 East: 7086.9490 Radius: 35.00 Tangent: 35.00 Course: S 38-39-40 E Course Out: S 83-39-40 E East; 7083.0847 East; 7117.8707 Length: 343.38 East: 7079.9585 Radius: 10.00 Tangent: 18.14 Course; S 67-28-26 \J Course Out: S 38-36-32 W East: 7070.0196 East: 7063.7796 Length; 181.57 East: 6921.8965 Radius: 15.50 Tangent: 15.50 Course: N 06-23-28 W Course Out: N 51-23-28 \J East: 6931. 5686 East; 6919.4565 Length: 4.50 nC r"1 ~ .,., '\ ,-.,... -' , ! ..:: I. . ; ; .j> .."....... f I", i 1 ~: :.:~l P l-i ~~ :_.. \"'>.,. IJ ,:) H to< f.> ~.D1,,1 iNIS r ni~,;1IC(', February 18, 1999 HMH 2332-02-31 Page 10 of 16 pages North: 1615.6241 Curve length: 62.83 Delta: 90-00-00 Chord: 56.57 Course In; N 51-23-28 W RP North; 1640.5841 End North: 1671.8411 line Course: N 51-23-28 W North: 1787.9240 Curve length: 17.06 Delta; 97-43-48 Chord: 15.06 Course In: N 38-36-32 E RP North; 1795.7382 End North: 1802.9726 line Course: S 60-46-17 W North: 1802.9677 East: Radius: Tangent: Course: Course Out: East: East: length: 186.03 East: Radius: Tangent: Course: Course Out: East: East; length: 0.01 East: 6922.2645 40.00 40.00 N 06-23-28 W N 38-36-32 E 6891 .0075 6915.9676 6770.5993 10.00 11.45 N 02-31-34 W N 43-39-40 W 6776.8393 6769.9354 6769.9267 'f'..,. . ~ .....,J C:,_~ ',', i -.' ~C(l9 f' . l..i c)), -~ Uu ~.\ C i'f ()Ht< ~~; .:.,r.nA\NlSTHhT!Oh Perimeter: 1248.28 Area: 82,499 sq.ft. 1.89 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0012 Course: N 60-46-14 E Error North: 0.00056 East: 0.00101 Precision 1: 1,083,306.88 lot name: 2332-EASE-4A North: 1355.9319 line Course: N 51-23-28 W North: 1489.2434 Curve length: 23.56 Delta: 90-00-00 Chord: 21.21 Course In: S 38-36-32 W RP North: 1477.5220 End North: 1486.8821 line Course: S 38-36-32 W North: 1191.2929 Curve length: 7.85 Delta; 90-00-00 Chord: 7.07 Course In: S 51-23-28 E RP North: 1188.1729 End North: 1184.2658 line Course: S 51-23-28 E North: 1178.8495 Curve length: 79.43 Delta: 29-21-44 Chord: 78.57 Course In: S 38-36-32 W RP North: 1057.7288 End North: 1115.8653 Curve length: 12.09 Delta: 34-37-20 Chord: 11.90 Course In: N 67-58-16 E RP North: 1123.3668 End North: 1106.6600 Curve length: 312.23 Delta: 55-28-16 Chord: 300.18 2332MCPK. WPD East: 6949.5699 length: 213.64 East: 6782.6265 Radius: 15.00 Tangent: 15.00 Course: S 83-36-32 W Course Out: N 51-23-28 W East; 6m.2665 East: 6761.5451 length: 378.27 East: 6525.5043 Radius: 5.00 Tangent: 5.00 Course: S 06-23-28 E Course Out: S 38-36-32 W East: 6529.4115 East: 6526.2915 length; 8.68 East: 6533.0742 Radius: 155.00 Tangent: 40.61 Course: S 36-42-36 E Course Out: N 67-58-16 E East: 6436.3541 East: 6580.0383 Radius: 20.00 Tangent: 6.23 Course: S 39-20-24 E Course Out: S 33-20-56 W East; 6598.5782 East: 6587.5835 Radius; 322.50 Tangent: 169.57 Course: S 81-36-26 E February 18, 1999 HMH 2332-02-31 Page II of 16 pages Course In; S 19-20-34 E Course Out; N 36-07-42 E RP North: 802.3638 East; 6694.4016 End North; 1062.8466 East; 6884.5462 Curve Length: 12.94 Radius: 20.00 Delta; 37-04-46 Tangent: 6.71 Chord: 12.72 Course: N 54-53-49 E ,-_.....,.. '~-...., . ' Course In: N 16-33-48 W Course Out: S 53-38-34 E ;~ ">-."... i.",,~ >....... , \ RP North: 1082.0167 East: 6878.8447 End North: 1070.1603 East; 6894.9515 F ': ,..~ 1 \":' J'j ~ Line Course: N 36-21-26 E Length: 33.86 North: 1097.4290 East: 6915.0243 r'c ':~ U H ;(.~ Length: 40.87 Radius: 78.00 ~~ ; ',>-, Curve .~~ C {tIii:;\1! S 1 F~t9 .~. iC ~'- Delta: 30-01-06 Tangent: 20.91 Chord: 40.40 Course: N 21-20-53 E Course In: N 53-38-34 W Course Out: S 83-39-40 E RP North: 1143.6688 East: 6852.2080 End North: 1135.0569 East: 6929.7312 Line Course; N 06-20-20 E Length: 213.26 North: 1347.0131 East: 6953.2770 Curve Length; 10.08 Radius; 10.00 Delta: 57-43-48 Tangent: 5.51 Chord: 9.65 Course: N 22-31-34 \J Course In: N 83-39-40 W Course Out: N 38-36-32 E RP North: 1348.1172 East: 6943.3381 End North: 1355.9314 East: 6949.5781 Line Course: N 87-02-10 W Length: 0.01 North: 1355.9320 East: 6949.5681 Perimeter: 1346.77 Area: 110,509 sq.ft. 2.54 acres Mapcheck Closure - (Uses Error Closure: 0.0017 Error North: 0.00009 Precision 1: 773,528.23 listed courses, radii, and deltas) Course; N 87-02-11 W East: -0.00174 Lot name: 2332-EASE-4B North: 3918.4923 Line Course: S 07-21-02 W North; 3731.2340 Line Course; S 06-21-02 \J North: 3010.3945 Line Course; N 89-56-36 W North: 3010.3980 Line Course: S 00-23-14 E North; 2735.5543 Line Course: N 11-25-00 W North: 2776.5861 Curve Length; 189.75 Delta: 33-42-38 Chord: 187.02 Course In: S 78-35-01 W RP North: 2712.7511 End North: 2941.2978 Line Course: N 36-21-26 E North: 2981.7257 Curve Length: 43.49 Delta: 30-01-06 Chord: 42.99 Course In: N 53-38-34 W RP North: 3030.9295 East; 12437.2893 length: 188.81 East: 12413.1330 Length: 725.29 East: 12332.9078 length: 3.54 East: 12329.3678 Length: 274.85 East: 12331.2253 Length: 41.86 East; 12322.9394 Radius: 322.50 Tangent: 97.71 Course: N 28-16-18 W Course Out: N 44-52-23 E East: 12006.8202 East: 12234.3563 length: 50.20 East: 12264.1158 Radius: 83.00 Tangent: 22.25 Course: N 21-20-53 E Course Out: S 83-39-40 E East: 12197.2728 2332MCPK, WPD February 18, 1999 HMH 2332-02-31 Page 12 of 16 pages End North: 3021.7656 East: 12279.7654 Line Course: N 06-20-20 E length: 878.46 North: 3894.8549 East: 12376.7552 Line Course: N 68-40-12 E length: 64.99 North: 3918.4943 East: 12437.2934 Line Course: S 64-12-18 W length: 0.00 North: 3918.4943 East: 12437.2934 Perimeter; 2461.24 Area; 60,971 sq.ft. 1.40 acres Mapcheck Closure - (Uses Error CLosure: 0.0046 Error North; 0.00199 Precision 1; 538,203.96 lot name; 2332-EASE-TOTAl North: 2505.1156 line Course; N 55-39-10 W North: 2615.2657 Curve length: 77.17 DeLta: 85-01-35 Chord: 70.28 Course In: N 34-20-50 E RP North: 2658.1986 End North; 2683.7047 Curve length: 882.98 DeL ta; 16-57-56 Chord: 879.76 Course In: S 60-37-35 E RP. North: 1221.0265 End North: 3378.3223 line Course: N 46-20-20 E North; 3765.5353 Curve length: 24.46 DeLta: 43-48-12 Chord: 23.87 Course In: S 43-39-40 E RP North: 3742.3854 End North: 3774.3853 line Course: S 89-51-28 E North: 3m.9620 line Course: N 68-40-12 E North: 3787.4386 line Course: S 07-21-02 W North: 3760.3034 line Course: S 68-40-12 W North: 3736.6640 line Course: S 06-20-20 W North: 2863.5747 Curve length: 43.49 Delta: 30-01-06 Chord: 42.99 Course In; N 83-39-40 W RP North; 2872.7387 End North; 2823.5348 line Course: S 36-21-26 W North: 2783.1069 Curve length: 49.22 DeLta: 8-44-40 Chord: 49.17 2332MCPK. WPD listed courses, radii, and deltas) Course: N 64-12-18 E East: 0.00412 East; 10715.0776 length; 195.23 East: 10553.8891 Radius: 52.00 Tangent; 47.67 Course: N 13-08-22 W Course Out: N 60-37-35 W East: 10583.2279 East: 10537.9130 Radius: 2982.00 Tangent; 444.75 Course: N 37-51-23 E Course Out: N 43-39-39 W East: 13136.5465 East: 11077.8094 length: 560.86 East: 11483.5557 Radius; 32.00 Tangent: 12.86 Course: N 68-14-26 E Course Out: N 00-08-32 E East: 11505.6482 East: 11505.7276 length: 170.50 East; 11676.2271 length: 37.05 East: 11710.7392 length: 27.36 East: 11707.2388 length: 64.99 East: 11646.7005 length; 878.46 East: 11549.7107 Radius: 83.00 Tangent: 22.25 Course: S 21-20-53 W Course Out: S 53-38-34 E East: 11467.2182 East: 11534.0611 length; 50.20 East: 11504.3016 Radius; 322.50 Tangent: 24.66 Course: N 49-29-58 W r..'..': :;b< , '. ?--' "'I 'V' E ~" ~~ v ;.:: -- ..J F' ''':) 4 'J 1f.1cn r'~) ,....' ..., ~~ ". ?l.n:.li..iC WORi:< ~~ ",DMINISTRh 1iO" February 18, 1999 HMH 2332-02-31 Page 13 of 16 pages Course In: S 44-52-22 W RP North: 2554.5592 End North: 2815.0419 Curve Length: 12.94 Delta: 37-D4-46 Chord: 12.72 Course In: N 16-33-48 W RP North: 2834.2120 End North: 2822.3556 Line Course: N 36-21-26 E North: 2849.6243 Curve Length: 40.87 Delta: 30-01-06 Chord: 40.40 Course In; N 53-38-34 W RP North: 2895.8641 End North: 2887.2522 Line Course; N 06-20-20 E North: 3096.0677 Curve Length: 5.04 Del ta; 57-43-48 Chord: 4.83 Course In; N 83-39-40 W RP North: 3096.6198 End North: 3100.5269 Line Course: N 51-23-28 W North: 3237.5325 Curve Length: 23.56 Delta: 90-00-00 Chord: 21.21 Course In: S 38-36-32 W RP North: 3225.8112 End North: 3235.1712 Line Course; S 38-36-32 W . North: 2943.4892 Curve Length: 7.85 Delta: 90-00-00 Chord: 7.07 Course In; S 51-23-28 E RP North: 2940.3692 End North; 2936.4620 Line Course: S 51-23-28 E North; 2931.0457 Curve Length: 79.43 Delta: 29-21-44 Chord: 78.57 Course In: S 38-36-32 W RP North: 2809.9250 End North; 2868.0615 Curve Length; 12.09 Delta: 34-37-20 Chord; 11.90 Course In; N 67-58-16 E RP North: 2875.5630 End North: 2858.8562 Curve Length: 41.73 Delta; 7-24-52 Chord; 41.70 Course In: S 19-20-34 E RP North: 2554.5601 End North: 2842.5275 Curve Length; 11.11 Delta: 31-48-51 Chord: 10.96 2332MCPK. WPD Course Out: East: East: Radius: Tangent: Course: Course Out: East: East: Length; 33.86 East: Radius: Tangent; Course: Course Out: East; East: Length; 210.10 East: Radius: Tangent: Course: Course Out; East: East: Length: 219.56 East: Radius: Tangent: Course: Course Out: East: East: Length: 373.27 East; Radius: Tangent: Course: Course Out: East: East: Length: 8.68 East; Radius; Tangent: Course: Course Out; East: East: Radius; Tangent: Course: Course Out: East; East; Radius; Tangent; Course: Course Out: East: East: Radius; Tangent; Course: N 36-07-42 E 11276.7666 11466.9113 20.00 6.71 N 54-53-49 E S 53-38-34 E 11461.2098 11477.3165 11497.3893 78.00 20.91 N 21-20-53 E S 83-39-40 E 11434.5731 11512.0962 \... "'~:' : "\./ r~= ._..~ I " L._ '"" ..'- ,- 1 > J r \..,~ ~1 1') Q9 !.) 'OJ i_iC -v\)(Jnt,fS ,'\ D :';;i ~N! S TRr:~I iC,;\ 11535.2931 5.00 2.76 N 22-31-34 W N 38-36-32 E 11530.3237 11533.4437 11361.8743 15.00 15.00 S 83-36-32 W N 51-23-28 W 11352.5143 11340.7929 11107.8721 5.00 5.00 S 06-23-28 E S 38-36-32 W 11111.7793 11108.6593 11115.4420 155.00 40.61 S 36-42-36 E N 67-58-16 E 11018.7219 11162.4061 20.00 6.23 S 39-20-24 E S 33-20-56 W 11180.9460 11169.9513 322.50 20.90 S 66-57-00 W N 26-45-26 W 11276.7694 11131.5763 20.00 5.70 N 05-21-21 W February 18, 1999 HMH 2332-02-31 Page 14 of 16 pages Course In: N 79-26-56 W RP North; 2846.1897 End North: 2853.4428 Curve Length: 65.86 Delta: 31-26-42 Chord: 65.03 Course In: S 68-44-13 W RP North; 2809.9247 End North: 2905.3917 Curve Length: 63.75 Delta; 91-19-01 Chord: 57.21 Course In: N 37-17-31 E RP North: 2937.2141 End North: 2962.1741 Line Course: N 38-36-32 E North: 3261.7016 Curve Length: 15.71 Delta: 90-00-00 Chord: 14.14 Course In: N 51-23-28 W RP North: 3267.9416 End North: 3275.7559 Line Course: N 51-23-28 W North; 3401. 1551 Curve Length: 14.36 Delta: 82-16-12 Chord: 13.16 Course In: S 38-36-32 W RP North; 3393.3409 End North: 3400.5752 Line Course: S 46-20-20 W North: 3352.9934 Curve Length: 860.15 . Delta: 16-43-23 Chord; 857.10 Course In: S 43-39-40 E RP North; 1221.0278 End North: 2677.3825 Curve Length: 37.21 Delta: 85-16-07 Chord: 33.87 Course In: S 60-23-03 E RP North; 2665.0280 End North: 2644.3871 Line Course: S 55-39-10 E North: 2534.7392 Curve Length: 1.62 Delta: 9-17-22 Chord: 1.62 Course In: N 34-20-50 E RP North: 2542.9955 End North: 2533.9367 Line Course: S 50-33-30 W North: 2529.1847 Curve Length: 33.49 Delta: 13-14-04 Chord: 33.42 Course In: S 39-26-30 E RP North; 2417.2053 End North: 2505.1217 Line Course: S 55-11-29 W North; 2505.1160 2332MCPK. WPD Course Out: East; East; Radius: Tangent: Course: Course Out: East: East: Radius: Tangent: Course: Course Out: East: East; Length: 383.31 East; Radius: Tangent: Course: Course Out: East: East: Length: 200.96 East: Radius: Tangent: Course: Course Out: East; East: Length: 68.92 East: Radius: Tangent; Course: Course Out: East; East; Radius: Tangent: Course: Course Out: East; East: Length: 194.34 East: Radius; Tangent: Course: Course Out: East: East: Length: 7.48 East: Radius: Tangent: Course: Course Out: East: East: Length; 0.01 East: N 68-44-13 E 11111. 9145 11130.5530 120.00 33.78 N 36-59-08 W N 37-17-31 E 11018.n20 11091.42n 40.00 40.93 N 07-02-59 W N 51-23-28 W 11115.6622 11084.4053 11323.5910 10.00 10.00 N 06-23-28 W N 38-36-32 E 11315.7768 11322.0168 11164.9819 10.00 8.73 S 87-28-26 W N 43-39-40 W 11158.7419 11151.8380 ~ /"~~" ,.~.,~. .....- ~ V. . I )., s..,. ! ~'H.~ ,. L-. ~ ,,-,I F;:: 4 1 ~ 1999 ,"-,'W:"'iL. WORl<S o,Dtc;\!N!STriAliO.'. 11101. 9788 2947.00 433.15 S 37-58-39 W N 60-23-03 W 13136.5627 10574.5635 25.00 23.02 S 13-01-06 E S 34-20-50 W 10596.2974 10582.1923 10742.6459 10.00 0.81 S 60-17-51 E S 25-03-28 \J 10748.2879 10744.0526 10738.2760 145.00 16.82 S 43-56-28 W N 52-40-34 W 10830.3934 10715.0864 10715.0782 February 18, 1999 HMH 2332-02-31 Page 15 of 16 pages Perimeter; 6089.23 Area; 270,598 sq.ft. 6.21 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0008 Course: N 55-11-35 E Error North: 0.00044 East: 0.00063 Precision 1: 7,974,639.05 Lot name; 2332-PARK --------------------------------------------------------------------------- North: 1497.6326 Line Course; S 89-50-00 E North: 1495.6289 Line Course: N 61-56-09 E North: 1539.2453 Curve Length; 18.85 Delta: 24-00-21 Chord: 18.72 Course In: S 07-24-56 W RP North; 1494.6217 End North: 1533.0227 Line Course: N 11-25-00 W North: 1613.9785 Curve Length: 561.33 Delta: 118-01-30 Chord: 467.22 Course In: S 78-35-00 W RP North: 1560.0392 End North: 1770.4833 Line Course: S 50-33-30 W North: 1497.6252 Line Course: N 28-48-02 W . North: 1497.6340 East: 3685.1787 Length; 688.81 East: 4373,9858 Length: 92.71 East: 4455.7951 Radius: 45.00 Tangent; 9.57 Course: S 70-34-53 E Course OUt; N 31-25-17 E East: 4449.9872 East: 4473.4469 Length; 82.59 East; 4457.0989 Radius: 272.50 Tangent: 453.74 Course: N 70-25-45 W Course Out: N 39-26-30 W East: 4189.9907 East: 4016.8735 Length: 429.50 East: 3685.1828 Length: 0.01 East; 3685.1780 Perimeter; 1873.80 Area: 174,242 sq.ft. 4.00 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0016 Course: N 28-48-00 W Error North: 0.00140 East: -0.00077 Precision 1: 1,175,732.01 Lot name: 2332-RW --------------------------------------------------------------------------- North: 1762.1232 Line Course: N 89-50-00 W North: 1762.2093 Line Course: N 89-50-00 W North: 1762.3144 Line Course: N 33-19-53 E North: 1766.8512 Curve Length: 43.60 Oelta: 17-13-37 Chord: 43.43 Course In: S 56-40-07 E RP North: 1687.1765 End North: 1799.1559 Line Course: N 50-33-30 E North: 2073.5958 Curve Length: 664.33 2332MCPK. WPD East: 5172.2224 Length; 29.58 East; 5142.6425 Length: 36.12 East: 5106.5227 Length; 5.43 East: 5109.5064 Radius: 145.00 Tangent; 21.96 Course: N 41-56-42 E Course Out; N 39-26-30 W East: 5230.6548 East: 5138.5374 Length; 431.99 East: 5472.1511 Radius: 322.50 --. ^ \~. ' ,~......, \;'1~' ~ .....; V t:: ..~} F: 1 1 ~ 1999 ,'1"~ ;.> '..j \- i ~_ tv () H 1~' ~.~, '\C:{I'\lISTf:;hTiC" February 18, 1999 HMH 2332-02-31 Page 16 of 16 pages Delta: 118-01-30 Chord; 552.95 Course In: S 39-26-29 E RP North; 1824.5372 End North: 1888.3721 line Course: S 11-25-00 E North: 1847.3403 line Course: S 00-23-14 E North: 1759.7123 line Course: N 89-50-00 W North; 1759.7705 Curve length: 45.35 Delta: 57-44-40 Chord: 43.46 Course In: S 89-09-56 W RP North: 1759.1152 End North: 1797.5163 line Course: N 11-25-00 W North: 1878.4721 Curve length: 561.33 Delta: 118-01-30 Chord: 467.22 Course In: S 78-35-01 W RP North: 1824.5341 End North: 2034.9790 line Course: S 50-33-30 W North: 1762.1210 line Course; N 73-21-16 W North: 1762.1238 Tangent; Course: Course Out; East: East: length; 41.86 East; length; 87.63 East; length: 20.00 East: Radius; Tangent: Course: Course Out: East: East: length: 82.59 East: Radius: Tangent: Course: Course Out: East: East; length: 429.50 East: length: 0.01 East: 537.00 S 70-25-44 E N 78-35-01 E 5677.0317 5993.1509 ,~.:or_ ~ ~ .. [= j \/ r:~' l L- ' 1__. t .. 6001.4368 6002.0290 5982.0291 45.00 24.81 N 29-42-24 W N 31-25-16 E 5937.0338 5960.4934 5944.1454 272.50 453.74 N 70-25-44 W N 39-26-29 W 5677.0369 5503.9207 f I:" , ~~ 1~l:J3 iT" (.; \,j 1.. I C vv C: p ~{ ~'; .~~ D ;/~ 1:~!S J ;;~~~..[: 1 C ~, 5172.2300 Perimeter: 2479.31 Area: 58,592 sq.ft. 1.35 acres 5172.2204 Mapcheck Closure - (Uses listed courses, radii, and deltas) Error closure: 0.0021 Course: N 73-21-17 W Error North: 0.00059 East: -0.00199 Precision 1: 1,196,318.21 2332MCPK. WPD Project: 2332mpck Lot Map Check Lot name: 2332-1 North: 1971.3807 Line Course: S 38-36-32 ~ North; 1822.9024 Line Course: S 50-33-30 ~ North; 1798.4246 Line Course: N 53-38-08 ~ North; 1967,7445 Curve Length: 520.15 Delta: 9-56-03 Chord: 519.50 Course In: S 54-58-32 E RP North: 245.9669 End North: 1518.1042 Line Course: S 89-50-00 E North: 1517.3075 Line Course; N 50-33-30 E North: 1828.5499 Curve 1.en-gth: 82.59 Del ta: 14-40-25 Chord: 82.37 Course In: S 39-26-30 E RP North: 1579.4922 End North: 1872.3258 Line Course; N 25-43-39 ~ North: 1896.6763 Curve Length: 61.59 Delta: 25-39-49 Chord: 61.07 Course In: S 64-16-21 ~ RP North: 1836.9887 End North: 1944.4345 Line Course: N 51-23-28 ~ North: 1955.3233 Line Course; N 51-23-28 ~ North: 1971.3788 Line Course: N 64-48-03 E North: 1971,3788 Perimeter: 2012.48 Mapcheck Closure - (Uses Error Closure: 0.0044 Error North: -0.00186 Precision 1: 460,968.12 Lot name: 2332-2 North: 1955.3255 Line Course: N 38-36-32 E North: 2345.6545 Line Course: N 51-23-28 ~ North: 2518.9145 Line Course: S 46-20-20 ~ North: 2416.2947 Curve Length: 592.45 Delta: 11-18-54 Chord; 591.49 Course In: S 43-39-38 E PARCEL MAP - CAMPBELL TECH PARK Fri Aug 14 14:44:02 1998 East: 3956.9980 Length: 190.01 East: 3838.4316 Length: 38.53 East; 3808.6760 Length: 285.57 East: 3578.7173 Radius: 3000.00 Tangent: 260.73 Course: S 30-03-26 ~ Course Out: N 64-54-35 ~ East: 6035.4391 East; 3318.5168 Length: 273.90 East: 3592.4157 Length: 489,92 East: 3970.7671 Radius; 322.50 Tangent: 41.52 Course; N 57-53-43 E Course Out: N 24-46-05 ~ East: 4175.6488 East; 4040.5388 Length: 27.03 East: 4028.8053 Radius: 137.50 Tangent: 31.32 Course: N 38-33-34 ~ Course Out: N 38-36-32 E East: 3904.9358 East; 3990.7359 Length: 17.45 East; 3977.1001 Length: 25.73 East: 3956.9941 Length: 0.00 East: 3956.9941 Area: 152,775 sq.ft. 3.51 acres listed courses, radii, and deltas) Course: S 64-48-03 ~ East: -0.00395 East: 3977.0925 Length: 499.51 East; 4288.7871 Length: 277.66 East; 4071.8170 Length: 148.64 East: Radius: Tangent: Course: Course Out: q ~ 3964.2855 3000.00 297.19 S 40-40-55 ~ N 54-58-32 ~ RE:OE:IVE:.D AUG f 8 1998 PUBL.IC AOMIN/STWR QR/(S AT/ON RP North: 245.9669 East: 6035.4391 End North: 1967.7445 East; 3578,7173 Line Course: S 53-38-08 E Length: 285.57 North; 1798.4246 East; 3808:6760 Line Course: N 50-33-30 E Length: 38,53 North: 1822.9024 East; 3838.4316 Line Course: N 38-36-32 E Length: 190,01 North: 1971.3807 East: 3956.9980 Line Course: S 51-23-28 E Length; 25.73 North: 1955.3252 East: 3977.1040 Line Course; N 88-06-32 W Length; 0.01 North: 1955.3255 East: 3977.0940 Perimeter; 2058.11 Area: 222,421 sq.ft. 5.11 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0016 Course: S 88-06-36 E Error North: -0.00005 East: 0.00156 Precision 1; 1,316,972.54 Lot name: 2332-3 North: 2136.8066 East; 4530.5077 Line Course: N 83-39-40 W Length: 93.89 North;-Z147.1729 East: 4437.1917 Line Course: N 51-23-28 W Length: 239.81 North: 2296.8145 East: 4249.7985 Line Course; N 38-36-32 E Length: 62.50 North: 2345.6535 East: 4288.7985 Line Course: N 51-23-28 W Length: 277.66 North: 2518.9136 East: 4071,8284 Line Course: N 46-20-20 E Length; 433,74 North: 2818.3640 East: 4385.6115 Line Course: S 89-51-28 E Length: 224.45 North: 2817.8069 East: 4610.0608 Line Course: S 07-20-20 W Length: 221,63 North; 2597.9925 East: 4581.7503 Line Course: S 06-20-20 W Length: 464.02 North: 2136,8094 East: 4530.5184 Line Course: S 75-24-59 W Length: 0.01 North; 2136.8069 East: 4530.5087 Perimeter: 2017.71 Area: 218,447 sq.ft. 5,01 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0010 Course: N 75-24-55 E Error North: 0.00026 East: 0.00100 Precision 1; 1,946,243.66 Lot name: 2332-4 North: 2296.8133 Line Course: S 38-36-32 W North; 1955.3233 Line Course: S 51-23-28 E North; 1944.4345 Curve Length: 61.59 Delta: 25-39-49 Chord: 61.07 Course In; S 38-36-32 W RP North: 1836.9887 End North: 1896.6763 Line Course: S 25-43-39 E North: 1872.3258 Curve Length: 581.73 East: 4249.7947 Length: 437.01 East: 3977.1001 Length: 17.45 East: 3990.7359 Radius; 137.50 Tangent; 31.32 Course: S 38-33-34 E Course Out: N 64-16-21 E East: 3904.9358 East: 4028.8053 Length: 27.03 East: 4040.5388 Radius: 322.50 ,,' ~ Delta: 103-21-06 Tangent: 408.00 Chord: 506.01 Course: S 63-05-32 E Course In: S 24-46-05 E Course Out: N 78-35-01 E RP North; 1579.4922 East; 417S-:-6488 End North: 1643.3271 East: 4491.7680 Line Course: S 11-24-59 E Length: 41.76 North: 1602.3934 East: 4500.0339 Line Course: N 00-23-56 Y Length: 274.75 North: 1877.1367 East: 4498,1211 Line Course: S 89-57-18 E Length: 3.54 North: 1877.1339 East: 4501.6611 Line Course; N 06-20-20 E Length; 261.27 North: 2136,8066 East: 4530,5077 Line Course: N 83-39-40 Y Length: 93,89 North: 2147.1729 East: 4437.1917 Line Course: N 51-23-28 Y Length: 239.81 North: 2296.8145 East; 4249.7985 Line Course: S 71-26-47 Y Length: 0,00 North: 2296.8145 East: 4249.7985 Perimeter: 2039.84 Area: 163,074 sq.ft. 3.74 acres Mapcheck Closure - (Uses Error Closure; 0.0040 Error North; 0.00127 Precision 1: 510,463.56 listed courses, radii, and deltas) Course: N 71-26-47 E East: 0.00379 Lot name: 2332-5 North: 1497.6252 East: 3685.1828 Line Course: N 50-33-30 E Length: 429,50 North: 1770.4833 East: 4016.8735 Curve Length: 561.33 Radius: 272.50 Delta: 118-01-30 Tangent; 453,74 Chord: 467.22 Course: S 70-25-45 E Course In: S 39-26-30 E Course Out: N 78-35-00 E RP North: 1560.0392 East: 4189.9907 End North: 1613.9785 East: 4457.0989 Line Course: S 11-24-59 E Length: 82.59 North: 1533.0226 East: 4473.4466 Curve Length; 18.85 Radius: 45.00 Delta: 24-00-21 Tangent: 9.57 Chord: 18.72 Course: N 70-34-53 Y Course In: S 31-25-17 Y Course Out: N 07-24-56 E RP North; 1494.6216 East: 4449.9868 End North: 1539.2452 East: 4455.7947 Line Course: S 61-56-09 Y Length: 92.71 North: 1495.6288 East: 4373.9854 Line Course: N 89-50-00 Y Length: 688.80 North: 1497.6325 East; 3685.1883 Line Course: S 37-26-31 Y Length: 0.01 North: 1497.6245 East; 3685,1823 Perimeter; 1873.79 Area; 174,242 sq. ft. 4.00 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0009 Course: S 37-26-32 Y Error North: -0.00068 East; -0.00052 Precision 1: 2,182,639.37 Lot name: 2332-BND North: 4113.2144 East: 6916.4133 Line Course: S 89-51-28 E Length; 224.45 North: 4112.6573 East: 7140.8626 I.l it t ". ~ .~ Line Course: S 07-20-20 W North: 3892.8429 Line Course: S 06-20-20 W North: 3171. 9871 Line Course: N 89-57-18 W North: 3171.9899 Line Course: S 00-23-56 E North: 2809,5187 Line Course: N 89-50-00 W North: 2809.5768 Curve Length: 64.21 Delta: 81-45-00 Chord: 58.90 Course In: S 89-09-56 W RP North: 2808.9215 End North: 2853.5451 Line Course: S 61-56-09 W North: 2809.9288 Line Course: N 89-50-00 W North: 2812.9573 Curve Length: 1112.60 Del ta: 21-14-57 Chord; 1106.24 Course In: S 64-54-35 E RP North; 1540.8200 End North: 3711.1478 Line Course: N 46-20-20 E North: 4113.2181 - Line Course: S 53-59-46 W North: 4113.2122 Length: 221.63 East: 7112.5520 Length: 725.29 East: 7032:4735 Length: 3.54 East: 7028,9335 Length: 362.48 East; 7031.4571 Length: 20.00 East: 7011.4572 Radius; 45.00 Tangent: 38.95 Course; N 41-42-34 W Course Out: N 07-24-56 E East; 6966.4619 East: 6972.2698 Length: 92.71 East; 6890.4606 Length: 1041.13 East: 5849.3350 Radius: 3000.00 Tangent: 562.77 Course: N 35-42-53 E Course Out: N 43-39-38 W East; 8566.2573 East: 6495.1037 Length: 582.38 East: 6916.4183 Length: 0.01 East; 6916,4102 Perimeter: 4450.43 Area: 989,717 sq.ft. 22.72 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0038 Course: S 53-59-46 W Error North: -0.00222 East: -0.00305 Precision 1: 1,179,553.80 --------------------------------------------------------------------------- Lot name: 2332-CL North: 1199.9973 East: 4635.2027 Line Course: N 89-50-00 W Length; 48.75 North: 1200.1391 East: 4586.4530 Line Course; N 50-33-30 E Length; 489.92 North: 1511.3815 East: 4964.8043 Curve Length: 664.33 Radius: 322.50 Delta: 118-01-30 Tangent: 537.00 Chord: 552.95 Course: S 70-25-44 E Course In: S 39-26-29 E Course Out: N 78-35-01 E RP North: 1262.3229 East: 5169.6849 End North: 1326.1578 East: 5485.8041 Line Course: S 11-24-59 E Length: 41.76 North: 1285,2240 East: 5494.0700 Line Course: S 00-23-56 E Length: 87.73 North: 1197.4961 East: 5494.6808 Line Course: N 89-50-00 W Length: 4.68 North: 1197.5098 East: 5490.0008 Curve Length: 33.06 Radius: 475.00 Delta: 3-59-15 Tangent; 16.54 Chord; 33.05 Course; N 13-24-37 W Course In: N 74-35-46 E Course Out: S 78-35-01 W I.( RP North; 1323 , 6800 East; 5947.9375 ~ End North: 1229.6596 East: 5482.3356 Line Course: N 11-24-59 W Length: 93.90 North: 1321. 7017 East: 5463,7492 Curve Length: 617.98 Radius; 300.00 Delta: 118-01-30 Tangent: 499.53 Chord: 514.37 Course: N 70-25-45 W Course In: S 78-35-00 ~ Course Out: N 39-26-30 ~ RP North: 1262.3190 East: 5169.6851 End North: 1494.0005 East: 4979.0975 Line Course; S 50-33-30 ~ Length; 371,90 North: 1257.7353 East: 4691.8896 Line Course: S 44-28-16 ~ Length: 80.92 North: 1199.9905 East; 4635.2011 Line Course: N 13-28-37 E Length: 0.01 North; 1200.0002 East; 4635.2034 Perimeter; 2534.93 Area: 27,676 sq.ft. 0.64 acres Mapcheck Closure - (Uses Error Closure: 0.0030 Error North: 0.00292 Precision 1: 843,418.61 listed courses, radii, and deltas) Course: N 13-28-38 E East: 0.00070 Lot name: 2332-EASE-1A North: 1564.5501 East: 5994.3371 Curve Length: 860.16 Radius: 2947.00 Delta: 16-43-24 Tangent: 433 . 16 Chord; 857.11 Course: S 37-58-39 ~ Course In; S 43-39-39 E Course Out; N 60~23-03 ~ RP North: -567.4254 East: 8028.9106 End North: 888.9293 East: 5466.9114 Curve Length: 37.21 Radius: 25.00 Delta: 85-16-07 Tangent: 23.02 Chord: 33.87 Course: S 13-01-06 E Course In: S 60-23-03 E Course Out: S 34-20-50 ~ RP North: 876.5748 East: 5488,6454 End North: 855,9339 East: 5474,5402 Line Course: S 55-39-10 E Length: 194.34 North: 746.2860 East: 5634.9938 Curve Length: 1.62 Radius: 10.00 Delta: 9-17-22 Tangent; 0.81 Chord: 1.62 Course: S 60-17-51 E Course In: N 34-20-50 E Course Out: S 25-03-28 ~ RP North: 754.5423 East; 5640.6359 End North; 745.4835 East: 5636.4006 Line Course: N 50-33-30 E Length: 424.51 North: 1015.1715 East: 5964.2377 Curve Length: 71.40 Radius: 322.50 Delta; 12-41-04 Tangent: 35,84 Chord: 71.25 Course; N 56-54-02 E Course In: S 39-26-30 E Course Out: N 26-45-26 ~ RP North: 766.1138 East: 6169.1194 End North: 1054.0812 East: 6023.9264 Curve Length: 11.11 Radius: 20.00 Delta; 31-48-51 Tangent: 5.70 Chord: 10.96 Course: N 05-21-22 ~ Course In: N 79-26-56 ~ Course Out; N 68-44-13 E RP North: 1057.7435 East; 6004.2646 End North: 1064.9965 East: 6022.9031 Curve Length: 65.86 Radius: 120.00 Del ta: 31-26-42 Tangent; 33.78 Chord: 65.03 Course: N 36-59-08 ~ Course In; S 68-44-13 ~ Course Out: N 37-17-31 E RP North: 1021.4784 East: 5911.0720 End North; 1116,9455 East: 5983.7772 Curve Length: 63.75 Radius: 40.00 f.l Delta; 91-19-01 Tangent; 40.93 ~ Chord: 57.21 Course; N 07-02-59 ~ Course In: N 37-17-31 E Course Out: N 51-23-28 ~ RP North: 1148.7678 East: 6008.0123 End North: 1173 . 7279 East: 5976.7553 Line Course: N 38-36-32 E Length: 448.31 North: 1524.0479 East: 6256.5012 Curve Length; 15.71 Radius; 10.00 Delta: 90-00-00 Tangent: 10.00 Chord; 14.14 Course; N 06-23-28 W Course In: N 51-23-28 W Course Out: N 38-36-32 E RP North: 1530.2879 East: 6248.6869 End North: 1538.1022 East: 6254.9269 Line Course; N 51-23-28 W Length; 192.14 North; 1657.9977 East; 6104.7842 Curve Length: 14.36 Radius: 10.00 Oelta: 82-16-12 Tangent; 8.73 Chord: 13.16 Course: S 87-28-26 W Course In: S 38-36-32 W Course Out: N 43-39-40 W RP North; 1650,1834 East; 6098.5442 End North: 1657.4178 East: 6091.6403 Line Course: S 46-20-20 W Length: 134.52 North; 1564.5463 East; 5994.3237 Line Course; N 74-18-42 E Length: 0.01 North: 1564.5490 East: 5994.3333 Perimeter; 2535.00 Area: 273,520 sq.ft. 6.28 acres Mapcheck Closure - (Uses Error Closure; 0.0039 Error North: -0.00106 Precision 1: 643,851.80 listed courses, radii, and deltas) Course: S 74-18-43 W East: -0.00379 --------------------------------------------------------------------------- Lot name: 2332-EASE-18 North: 2929.4543 East: 14739.9103 Line Course: S 89-51-28 E Length: 224,45 North: 2928.8972 East: 14964.3596 Line Course: S 07-20-20 W Length: 5,60 North: 2923.3431 East: 14963.6443 Line Course: S 68-40-12 W Length: 64.06 North; 2900.0419 East: 14903,9723 Line Course: N 89-51-28 W Length: 27,25 North: 2900.1096 East: 14876.7224 Curve Length: 32.79 Radius: 52.00 Delta: 36-07-44 Tangent: 16.96 Chord: 32.25 Course: N 71-47-36 W Course In: S 36-16-16 W Course Out: N 00-08-32 E RP North; 2858.1858 East; 14845.9588 End North: 2910.1856 East; 14846.0879 Line Course: N 89-51-28 W Length: 87.17 North; 2910.4020 East; 14758.9182 Curve Length: 24.46 Radius: 32.00 Delta: 43-48-12 Tangent: 12.86 Chord: 23.87 Course; S 68-14-26 W Course In: S 00-08-32 W Course Out: N 43-39-40 W RP North: 2878.4021 East; 14758.8388 End North: 2901.5521 East: 14736.7462 Line Course: S 46-20-20 W Length: 560.86 North; 2514.3391 East; 14331.0000 Curve Length: 882.98 Radius: 2982.00 Delta: 16-57-56 Tangent: 444.75 Chord: 879.76 Course: S 37-51-23 W Course In; S 43-39-39 E Course Out: N 60-37-35 W RP North: 357.0432 East: 16389.7371 End North: 1819,7215 East; 13791.1036 Curve Length: 77.17 Radius: 52.00 '" Delta: 85-01-35 Tangent: 47.67 'II , Chord: 70.28 Course: S 13-08-22 E Course In: S 60-37-35 E Course Out: S 34-20-50 W RP North; 1794,2154 East: 13836.4184 End North: 1751.2824 East: 13807.0797 Line Course: S 55-39-10 E Length: 191.22 North; 1643.3948 East: 13964 . 9573 Line Course: S 50-33-30 W Length: 23,61 North: 1628.3956 East: 13946.7240 Line Course: N 89-50-00 W Length: 273,90 North: 1629.1923 East: 13672.8252 Curve Length: 1112.60 Radius: 3000.00 Del ta: 21-14-57 Tangent: 562.77 Chord: 1106.24 Course; N 35-42-53 E Course In; S 64-54-35 E Course Out; N 43-39-38 W RP North: 357.0550 East: 16389.7475 End North: 2527.3828 East: 14318.5939 Line Course: N 46-20-20 E Length: 582.38 North: 2929.4531 East: 14739.9085 Line Course; N 55-12-23 E Length: 0.00 North: 2929.4531 East: 14739.9085 Perimeter: 4170.51 Area: 57,011 sq. ft. 1.31 acres MapchecK Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0022 Course: S 55-12-23 W Error North: -0,00126 East: -0,00181 Precision 1; 1,887,713.64 Lot name: 2332-EASE-3A North: 1925,5308 Line Course; S 83-39-40 E North: 1911.3642 Curve Length: 7.85 Delta: 90-00-00 Chord: 7.07 Course In: N 06-20-20 E RP North: 1916.3337 End North; 1915.7816 Line Course: N 06-20-20 E North: 2064.8646 Curve Length; 32.97 Delta: 96-11-48 Chord: 29.24 Course In: N 83-39-40 W RP North: 2067.0330 End North: 2086.6729 Line Course: N 89-51-28 W North: 2086.8776 Curve Length: 3.82 Delta: 43-48-12 Chord; 3.73 Course In: S 00-08-32 W RP North; 2081.8776 End North: 2085.4948 Line Course: S 46-20-20 W North: 2004.5809 Line Course: S 43-42-11 E North: 1976.4156 Line Course: S 06-20-20 W North: 1943.6173 Line Course: S 43-42-11 E North: 1925.5296 Line Course: N 84-14-11 E North: 1925.5306 East: 6949.9600 Length; 128.31 East: 7077.4855 Radius: 5.00 Tangent: 5.00 Course: N 51-20-20 E Course Out; S 83-39-40 E East: 7078,0376 East; 7083.0070 Length: 150.00 East: 7099.5683 Radius: 19.64 Tangent: 21,89 Course: N 41-45-34 W Course Out: N 00-08-32 E East: 7080,0484 East: 7080.0972 Length: 82.46 East: 6997.6374 Radius: 5.00 Tangent: 2.01 Course: S 68-14-26 W Course Out; N 43-39-40 W East: 6997.6250 East: 6994.1730 Length: 117.20 East: 6909.3864 Length: 38.96 East: 6936.3046 Length: 33,00 East; 6932.6611 Length: 25.02 East: 6949.9480 Length; 0.01 East: 6949.9579 Perimeter: 619.61 Area: 25,168 sq.ft, 0.58 acres Mapcheck Closure - (Uses Error Closure: 0.0021 Error North: -0.00021 Precision 1: 302,075.95 I.l ~ listed courses, radii, and deltas) Course: S 84-14-12 W East: -0.00204 Lot name: 2332-EASE-3B North: 1802.9671 East: 6769.9257 Line Course: N 46-20-20 E Length; 119.78 North: 1885.6622 East: 6856,5788 Curve Length: 8.73 Radius; 10.00 Delta: 50-00-00 Tangent: 4.66 Chord: 8.45 Course: N 71-20-20 E Course In: S 43-39-40 E Course Out: N 06-20-20 E RP North: 1878.4279 East: 6863.4828 End North: 1888.3667 East: 6864.5869 Line Course; S 83-39-40 E Length: 223.73 North: 1863.6649 East: 7086.9490 Curve Length; 54.98 Radius: 35.00 Delta: 90-00-00 Tangent: 35,00 Chord; 49.50 Course: S 38-39-40 E Course In: S 06-20-20 W Course Out: S 83-39-40 E RP North: 1828.8789 East: 7083.0847 End North: 1825.0146 East: 7117.8707 Line Course: S 06-20-20 W Length: 343.38 North: 1483.7339 East: 7079.9585 Curve Length: 21.34 Radius: 10.00 Delta: 122-16-12 Tangent: 18,14 Chord: 17.52 Course; S 67-28-26 W Course In: N 83-39-40 W Course Out; S 38-36-32 W RP North: 1484.8380 East: 7070.0196 End North: 1477.0238 East: 7063.7796 Line Course: N 51-23-28 W length: 181.57 North: 1590.3236 East: 6921.8965 Curve length: 24.35 Radius: 15.50 Delta: 90-00-00 Tangent; 15.50 Chord: 21.92 Course: N 06-23-28 W Course In: N 38-36-32 E Course Out: N 51-23-28 W RP North: 1602.4357 East: 6931.5686 End North: 1612.1077 East: 6919.4565 line Course; N 38-36-32 E length; 4.50 North: 1615.6241 East; 6922.2645 Curve Length: 62.83 Radius: 40.00 Delta; 90-00-00 Tangent: 40.00 Chord; 56.57 Course; N 06-23-28 W Course In: N 51-23-28 W Course Out: N 38-36-32 E RP North: 1640.5841 East: 6891.0075 End North: 1671.8411 East: 6915.9676 Line Course: N 51-23-28 W length: 186.03 North: 1787.9240 East: 6770.5993 -Curve length: 17.06 Radius: 10.00 Delta: 97-43-48 Tangent: 11. 45 Chord: 15.06 Course; N 02-31-34 W Course In: N 38-36-32 E Course Out: N 43-39-40 W RP North: 1795.7382 East: 6776.8393 End North: 1802.9726 East; 6769.9354 Line Course: S 60-46-17 W length: 0.01 North; 1802.9677 East; 6769.9267 Perimeter: 1248.28 Area: 82,499 sq.ft. 1.89 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0012 Course: N 60-46-14 E Error North: 0.00056 East: 0,00101 Precision 1: 1,083,306.88 lot name: 2332-EASE-4A ,,' ~ North: 1355.9319 line Course; N 51-23-28 W North: 1489.2434 Curve length: 23.56 Delta: 90-00-00 East: 6949.5699 length: 213.64 East: 6782.6265 Radius: 15.00 Tangent; 15.00 Chord: 21.21 Course: S 83-36-32 \J Course In: S 38-36-32 \J Course Out: N 51-23-28 \J RP North: 1477,5220 East; 6m.2665 End North: 1486.8821 East; 6761.5451 Line Course: S 38-36-32 \J Length: 378.27 North: 1191. 2929 East; 6525.5043 Curve Length: 7.85 Radius: 5.00 Delta: 90-00-00 Tangent; 5.00 Chord: 7.07 Course: S 06-23-28 E Course In: S 51-23-28 E Course Out: S 38-36-32 \J RP North: 1188.1729 East: 6529.4115 End North: 1184.2658 East: 6526.2915 Line Course: S 51-23-28 E Length: 8.68 North: 1178.8495 East: 6533.0742 Curve Length: 79.43 Radius: 155.00 Del ta: 29-21-44 Tangent: 40.61 Chord; 78.57 Course; S 36-42-36 E Course In: S 38-36-32 \J Course Out; N 67-58-16 E RP North: 1057.7288 East: 6436.3541 End North: 1115.8653 East: 6580.0383 Curve Length; 12.09 Radius: 20.00 Delta: 34-37-20 Tangent; 6.23 Chord; 11. 90 Course: S 39-20-24 E Course In: N 67-58-16 E Course Out: S 33-20-56 \J RP North; 1123.3668 East: 6598.5782 End North: 1106,6600 East: 6587.5835 Curve Length: 312.23 Radius: 322.50 Delta; 55-28-16 Tangent; 169.57 Chord: 300.18 Course: S 81-36-26 E Course In: S 19-20-34 E Course Out: N 36-07-42 E RP North: 802.3638 East: 6694.4016 End North: 1062.8466 East: 6884,5462 Curve Length: 12,94 Radius: 20.00 Delta; 37-04-46 Tangent: 6.71 Chord; 12.72 Course: N 54-53-49 E Course In: N 16-33-48 \J Course Out: S 53-38-34 E RP North: 1082.0167 East: 6878.8447 End North: 1070.1603 East: 6894.9515 Line Course; N 36-21-26 E Length: 33.86 North: 1097.4290 East: 6915.0243 Curve Length; 40.87 Radius: 78.00 Delta: 30-01-06 Tangent: 20.91 Chord: 40.40 Course: N 21-20-53 E Course In: N 53-38-34 \J Course Out: S 83-39-40 E RP North: 1143.6688 East: 6852.2080 End.North: 1135.0569 East: 6929.7312 Line Course: N 06-20-20 E Length: 213.26 North: 1347.0131 East: 6953.2770 Curve Length: 10.08 Radius: 10.00 Del ta: 57-43-48 Tangent: 5.51 Chord: 9,65 Course: N 22-31-34 \J Course In: N 83-39-40 \J Course Out: N 38-36-32 E RP North: 1348.1172 East: 6943.3381 End North: 1355.9314 East; 6949.5781 Line Course; N 87-02-10 \J Length; 0.01 North: 1355.9320 East: 6949.5681 Perimeter: 1346.77 Area: 110,509 sq.ft. 2.54 acres Mapcheck Closure - (Uses Error Closure: 0.0017 Error North: 0.00009 Precision 1; 773,528.23 listed courses, radii, and deltas) Course: N 87-02-11 \J East: -0.00174 " ~ --------------------------------------------------------------------------- Lot name; 2332-EASE-4B North; 2735.6545 East: 12331.2067 Line Course: N 00-23-56 \J Length: 274.75 North: 3010.3979 East: 12329,2939 Line Course: S 89-57-18 E Length: 3.54 North: 3010.3951 East: 12332.8339 Line Course: N 06-20-20 E Length: 725.29 North: 3731. 2509 East: 12412.9124 Line Course; N 07-20-20 E Length: 188.68 North: 3918.3852 East: 12437.0140 Line Course: S 68-40-12 Y Length: 64.69 North: 3894.8549 East: 12376.7552 Line Course: S 06-20-20 Y Length: 878.46 North: 3021.7656 East: 12279.7654 Curve Length: 43.49 Radius; 83.00 Delta: 30-01-06 Tangent: 22.25 Chord: 42.99 Course: S 21-20-53 Y Course In; N 83-39-40 ~ Course Out; S 53-38-34 E RP North: 3030.9295 East: 12197.2728 End North: 2981.7257 East: 12264.1158 Line Course; S 36-21-26 ~ Length; 50.20 North: 2941.2978 East: 12234.3563 Curve Length; 189.75 Radius; 322.50 Delta: 33-42-38 Tangent: 97.71 Chord: 187.02 Course: S 28-16-18 E Course In: S 44-52-23 Y Course Out: N 78-35-01 E RP North: 2712.7511 East: 12006.8202 End North; 2776.5861 East: 12322.9394 Line Course: S 11-24-59 E Length: 41. 76 North: 2735.6523 East: 12331.2053 Line Course: N 32-43-04 E Length: 0.00 North: 2735.6523 East: 12331.2053 Perimeter: 2460.60 Area: 60,806 sq.ft. 1.40 acres Mapcheck Closure - (Uses Error Closure: 0,0027 Error North: -0.00225 Precision 1: 921,253.25 listed courses, radii, and deltas) Course: S 32-43-04 Y East: -0.00144 --------------------------------------------------------------------------- Lot name: 2332-EASE-TOTAL North: 2507.3720 East: 10711.7660 Line Course: N 55-39-10 Y Length: 191.22 North: 2615.2596 East: 10553.8884 Curve Length: .77.17 Radius; 52.00 Delta: 85-01-35 Tangent: 47.67 Chord: 70.28 Course; N 13-08-22 Y Course In: N 34-20-50 E Course Out: N 60-37-35 Y RP North: 2658.1925 East: 10583.2271 End North: 2683.6987 East; 10537.9123 Curve Length: 882.98 Radius: 2982.00 Delta: 16-57-56 Tangent; 444.75 Chord: 879.76 Course; N 37-51-23 E Course In: S 60-37-35 E Course Out: N 43-39-39 Y RP North: 1221. 0204 East: 13136.5458 End North: 3378.3162 East: 11077.8087 Line Course: N 46-20-20 E Length: 560.86 North: 3765.5292 East; 11483.5549 Curve Length: 24.46 Radius: 32.00 Delta: 43-48-12 Tangent; 12.86 Chord: 23.87 Course: N 68-14-26 E Course In: S 43-39-40 E Course Out; N 00-08-32 E RP North: 3742.3793 East: 11505.6475 ~ End North: 3774.3792 East: 11505.7269 Line Course: S 89-51-28 E Length: 87.17 North: 3774.1628 East: 11592.8966 Curve Length: 32.79 Radius: 52.00 Delta: 36-07-44 Tangent; 16.96 Chord: 32.25 Course: S 71-47-36 E Course In: S 00-08-32 Y Course Out: N 36-16-16 E RP North: 3722.1630 East: 11592.7676 End North: 3764.0868 East: 11623.5311 Line Course: S 89-51-28 E Length: 27.25 North: 3764.0191 East; 11650.7810 Line Course: N 68-40-12 E Length: 64.06 North; 3787,3203 East: 11710,4530 Line Course: S 07-20-20 ~ Length; 27.35 North: 3760.1943 East: 11706.9593 Line Course; S 68-40-12 ~ Length; 64.69 North: 3736.6640 East: 11646.7005 Line Course: S 06-20-20 ~ Length; 878.46 North: 2863.5747 East: 11549.7107 Curve Length: 43.49 Radius: 83.00 DeLta; 30-01-06 Tangent; 22.25 Chord: 42.99 Course: S 21-20-53 ~ Course In; N 83-39-40 ~ Course Out: S 53-38-34 E RP North: 2872.7387 East; 11467,2182 End North; 2823.5348 East: 11534.0611 Line Course; S 36-21-26 ~ Length: 50.20 North: 2783.1069 East: 11504.3016 Curve Length; 49.22 Radius: 322,50 DeLta: 8-44-40 Tangent: 24,66 Chord; 49.17 Course: N 49-29-58 ~ Course In: S 44-52-22 ~ Course Out: N 36-07-42 E RP North: 2554.5592 East: 11276.7666 End North: 2815.0419 East: 11466,9113 Curve Length: 12.94 Radius: 20.00 Delta: 37-04-46 Tangent: 6.71 Chord: 12.72 Course: N 54-53-49 E Course In: N 16-33-48 ~ Course Out: S 53-38-34 E RP North: 2834.2120 East: 11461. 2098 End North: 2822,3556 East: 11477.3165 Line Course: N 36-21-26 E Length: 33.86 North: 2849.6243 East: 11497,3893 Curve Length: 40.87 Radius: 78.00 Delta: 30-01-06 Tangent: 20.91 Chord: 40.40 Course; N 21-20-53 E Course In: N 53-38-34 ~ Course Out: S 83-39-40 E RP North: 2895.8641 East: 11434.5731 End North: 2887.2522 East: 11512.0962 Line Course: N 06-20-20 E Length: 213.26 North: 3099.2084 East; 11535.6420 Curve Length; 10.08 Radius: 10.00 DeL ta: 57-43-48 Tangent: 5.51 Chord; 9,65 Course: N 22-31-34 ~ Course In: N 83-19-40 ~ Course Out: N 38-36-32 E RP North: 3100.3125 East: 11525.7031 End North: 3108.1267 East: 11531 .9432 Line Course; N 51-23-28 W Length: 213.64 North: 3241.4383 East: 11364.9998 Curve Length: 23.56 Radius; 15.00 Delta: 90-00-00 Tangent: 15.00 Chord; 21.21 Course; S 83-36-32 ~ Course In: S 38-36-32 ~ Course Out: N 51-23-28 ~ RP North: 3229.7169 East: 11355.6398 End North: 3239.0769 East: 11343,9184 Line Course: S 38-36-32 ~ Length; 378.27 North: 2943.4878 East: 11107.8776 Curve Length: 7.85 Radius: 5.00 Delta: 90-00-00 Tangent: 5.00 Chord; 7.07 Course: S 06-23-28 E Course In: S 51-23-28 E Course Out: S 38-36-32 ~ RP North: 2940.3678 East: 11111. 7848 " End North: 2936.4607 East; 11108.6647 ~ Line Course; S 51-23-28 E Length; 8.68 North: 2931.0444 East: 11115 . 4475 Curve Length: 79.43 Radius: 155.00 DeLta; 29-21-44 Tangent; 40.61 Chord: 78.57 Course; S 36-42-36 E Course In: S 38-36-32 ~ Course Out: N 67-58-16 E RP North: 2809.9237 East: 11018.7274 End North: 2868.0602 East: 11162.4116 Curve Length: 12.09 Radius: 20,00 Delta: 34-37-20 Tangent: 6.23 Chord; 11.90 Course: S 39-20-24 E Course In: N 67-58-16 E Course Out: S 33-20-56 \J RP North: 2875.5616 East: 11180.9515 End North: 2858,8549 East: 11169.9568 Curve Length: 41.73 Radius: 322.50 Delta: 7-24-52 Tangent: 20.90 Chord: 41.70 Course: S 66-57-00 \J Course In: S 19-20-34 E Course Out: N 26-45-26 \J RP North; 2554.5587 East; 11276.7749 End North: 2842.5261 East: 11131.5818 Curve Length; 11. 11 Radius: 20.00 Del ta: 31-48-51 Tangent: 5,70 Chord: 10,96 Course: N 05-21-21 \J Course In; N 79-26-56 \J Course Out; N 68-44-13 E RP North: 2846. 1884 East: 11111.9200 End North: 2853.4414 East: 11130.5585 Curve Length: 65.86 Radius: 120.00 Delta: 31-26-42 Tangent: 33.78 Chord: 65.03 Course: N 36-59-08 \J Course In: S 68-44-13 \J Course Out: N 37-17-31 E RP North: 2809,9233 East: 11018.7275 End North: 2905.3904 East: 11091.4326 Curve Length: 63.75 Radius; 40.00 Del ta: 91-19-01 Tangent: 40.93 Chord: 57.21 Course: N 07-02-59 \J Course In: N 37-17-31 E Course Out; N 51-23-28 \J RP North: 2937.2127 East: 11115.6677 End North: 2962.1728 East: 11084.4108 Line Course: N 38-36-32 E Length: 448.31 North: 3312.4928 East: 11364, 1566 Curve Length: 15 .71 Radius: 10.00 Delta: 90-00-00 Tangent: 10.00 Chord: 14.14 Course: N 06-23-28 \J Course In: N 51-23-28 \J Course Out; N 38-36-32 E RP North: 3318.7328 East: 11356.3423 End North: 3326,5471 East: 11362.5823 Line Course; N 51-23-28 \J Length; 192.14 North: 3446.4426 East: 11212.4396 Curve Length: 14.36 Radius: 10.00 Delta: 82-16-12 Tangent: 8.73 Chord: 13.16 Course; S 87-28-26 \J Course In: S 38-36-32 \J Course Out: N 43-39-40 \J RP North: 3438.6283 East: 11206.1996 End North; 3445.8627 East: 11199.2957 Line Course: S 46-20-20 \J Length; 134.52 North: 3352.9912 East: 11101.9791 Curve Length: 860.16 Radius; 2947.00 Delta: 16-43-24 Tangent; 433.16 Chord; 857.11 Course: S 37-58-39 \J Course In: S 43-39-39 E Course Out: N 60-23-03 \J RP North: 1221.0157 East: 13136.5526 End North: 2677.3705 East: 10574,5534 Curve Length: 37.21 Radius: 25.00 Delta: 85-16-07 Tangent: 23.02 Chord; 33.87 Course: S 13-01-06 E Course In: S 60-23-03 E Course Out: S 34-20-50 \J RP North: 2665.0159 East: 10596.2874 End North: 2644.3751 East: 10582.1822 Line Course: S 55-39-10 E Length: 194.34 North: 2534.7272 East; 10742.6359 Curve Length; 1.62 Radius; 10.00 Delta: 9-17-22 Tangent: 0.81 Chord: 1.62 Course: S 60-17-51 E Course In: N 34-20-50 E Course Out: S 25-03-28 \J RP North; 2542.9835 East; 10748.2779 End North; 2533.9247 East: 10744.0426 Line Course: S 50-33-30 \J Length: 41.79 North: 2507.3758 East: 10711.7694 Line Course: S 41-00-36 ~ Length: 0.01 North: 2507.3683 East: 10711.7628 Perimeter: 6218.51 Area: 254,870 sq.ft. 5.85 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0049 Course: S 41-00-36 ~ Error North: -0.00373 East: -0.00324 Precision 1: 1,257,836.70 Lot name: 2332-R~ North; 1762.3551 Line Course: N 50-33-30 E North: 2073.5975 Curve Length: 664.33 Delta: 118-01-30 Chord: 552.95 Course In: S 39-26-29 E RP North: 1824.5388 End North: 1888.3737 Line Course: S 11-24-59 E North: 1847.4400 Line Course: S 00-23-56 E North: 1759.7121 Line Course: N 89-50-00 ~ North; 1759.7703 Curve Length; 45.35 Delta: 57-44-40 Chord: 43.46 Course In: S 89-09-56 ~ RP North: 1759.1149 End North: 1797.5161 Line Course: N 11-24-59 ~ North: 1878,4720 Curve Length: 561.33 Delta: 118-01-30 Chord: 467,22 Course In: S 78-35-01 ~ RP North: 1824.5340 End North: 2034.9789 Line Course; S 50-33-30 ~ North: 1762.1208 Line Course: N 89-50-00 ~ North: 1762.2072 Line Course: N 89-50-00 ~ North: 1762.3490 Line Course: N 04-08-49 E North; 1762.3589 Perimeter: 2500.94 Mapcheck Closure - (Uses Error Closure: 0.0039 Error North: 0.00388 Precision 1: 642,366.13 East; 5093.7991 Length: 489.92 East: 5472.1505 Radius: 322.50 Tangent: 537.00 Course: S 70-25-44 E Course Out: N 78-35-01 E East: 5677.0310 East: 5993.1502 Length: 41. 76 East: 6001,4161 Length: 87.73 East: 6002.0269 Length: 20.00 East: 5982.0270 Radius; 45.00 Tangent; 24.81 Course: N 29-42-24 ~ Course Out: N 31-25-16 E East: 5937,0317 East: 5960.4913 Length: 82.59 East: 5944,1436 Radius: 272,50 Tangent: 453.74 Course: N 70-25-44 ~ Course Out: N 39-26-29 ~ East: 5677.0352 East: 5503.9190 Length: 429.50 East; 5172.2283 Length: 29.68 East: 5142.5484 Length; 48.75 East: 5093.7986 Length: 0.01 East: 5093.7994 Area: 58,763 sq.ft. 1.35 acres listed courses, radii, and deltas) Course: N 04-08-49 E East: 0.00028 .. ~' \ I,: ,CO VALLEY TITLE COMPANY L "'~~v'~- {'1 '~ (of.{!-; .~ j.) I" '\ \ 'J PRELIMINARY REPORT S\)J~ ~ \ J XX .1. ~ - 300 South First Street - San Jose, 95113 (408) 292-7150 k ~'T - 2160 South Bascom Avenue, Ste. 3 - Campbell, 95008 (408) 371-7891 - 2354 Alum Rock Avenue - San Jose, 95116 (408) 251-8500 41"2.- 30 - '~S" 4-z.- 4?J ( ESCROW NO, , 206707-A (PB) ,I) Datedasof June 25,1996 at 7:30 a.m. In the event of cancellation, a minimum charge of $300,00 will be made. If the escrow has not closed within 90 days from the date hereof, cancellation will be effected unless other provisions are made. In response to the above referenced application for a policy of title insurance VALLEY TITLE 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 encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms, The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read, They are available from the office which issued this report. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully, The exceptions and exclusions are meant to provide you with notice of mat- ters which are not covered underthe terms of the title insurance policy and should be carefully considered, It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land, THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS 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 INSUR- ANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED, The form of policy of title insurance contemplated by this report is: 1, California Land Title Association Standard Coverage Policy 2, American Land Title Association Owner's Policy 3, American Land Title Association Residential Title Insurance Policy 4, American Land Title Association Loan Policy 5. Other Standard Co...erage Extended Coverage I I I I I VTC-216 (REV. 1/96) EP/dg Ov-25-~6 206707-A page 1 SCHEDULE A 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee, as to Parcels One, Two, Five, six and Seven; An Easement, as to Parcels Three, Four and Eight 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: CITY OF CAMPBELL REDEVELOPMENT AGENCY, a public body corporate and politic 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, CITY OF CAMPBELL, AND IS DESCRIBED AS FOLLOWS: (Cont'd on next page) 206707-A page 2 PARCEL ONE: BEGINNING at the Southwest corner of the Southeast 1/4 of the Northwest 1/4 of Section 35, Township 7 South, Range 1 West; running thence along the line between lands formerly of Mrs. Willett and Mrs. O.C. Wells, South 890 56' East 19.85 chains to a 6ft x 6- post marked ftW.5-; thence leaving the line between said lands and running North 60 25' East 11.45 chains and North 70 25' East 3.36 chains to a stake marked ftW.S.- standing in the line between Lots 5 and 6, as shown on the Map of partition in the Suit of E. Willett, Plaintiff vs. Lottie Willett, et aI, Defendant, in the Superior Court of Santa Clara County; thence along the line between said Lots, West 4.50 chains to the Southwest corner of said Lot 5 and North 3 1/40 East 4.18 chains to the Northwest corner of said Lot 5 in the South line of Lot 4 of said partition; thence along the line between said Lots 4 and 6 of said partition, West 4.97 chains to a stake E.A. 2 standing at the Southwest corner of said Lot 4 in the center of the Los Gatos Creek and in the line between lands formerly of Mrs. M.A. Kennedy and Mrs. E. Willett; thence along the line between said lands, South 370 17' West 20.38 chains and South 2.60 chains to the point of beginning, and being a part of Lot 6 as set off to Mrs. Elizabeth Willett in the above mentioned partition and a part of the Southeast 1/4 of the Northwest 1/4 of a part of the Southwest 1/4 of the Northeast 1/4 of Section 35, Township 7 South, Range 1 West, M.D.M. EXCEPTING THEREFROM that certain parcel of land described in the Deed from Frank B. Billings, et ux, to Frederic G. Wilson, dated September 5, 1903, recorded september 11, 1903 in Book 268 of Deeds, at page 157, as follows: BEGINNING at the Southwest corner of Lot 5 of the Willett Partition as set off by order of the Superior Court in the partition suit of E. Willett vs. Lottie Willett, et aI, and running thence West about 478 feet to the Westerly boundary of Lot 6 of said partition; thence Northeasterly about 300 feet to the Northwest corner of said Lot 6; thence East 4.97 chains to the Northwest corner of said Lot 5; thence Southerly along the Westerly boundary of said Lot 5, 4.18 chains to the point of beginning, and being the Northerly -L- of the aforesaid Lot 6, which was conveyed by B. T. Campen to Frank B. Billings by Deed dated December 5, 1888 and recorded in Book 112 of Deeds, at page 436. (Cont'd on next page) 206707-A page 3 ALSO EXCEPTING THEREFROM all that portion thereof lying Northwesterly of the southeasterly line of Parcel One, as granted in the Deed from Ellen Scorstir, a widow, as my separate property, to state of California, for freeway purposes, dated May 25, 1956 and recorded June 29, 1956 in Book 3537 of Official Records, page 478. PARCEL TWO: All the North 10 acres of the East 1/2 of the Southwest 1/4 of Section 35 in Township 7 South, Range 1 West, bounded as follows: BEGINNING in the center of said Section 35 and running West on the 1/4 line thereof (the same being the South line of land of Frank B. Billings) 80 rods; thence at right angles, South 20 rods; thence at right angles, East 80 rods to the quarter line of said Section 35; thence North along said one quarter line, 20 rods to the point of beginning. EXCEPTING THEREFROM all that portion thereof lying Northwesterly of the Southeasterly line of Parcel One, as granted in the Deed from Ellen Scorsur, a widow, as my separate property, to State of california, for freeway purposes, dated May 25, 1956 and recorded June 29, 1956 in Book 3537 of Official Records, page 478. ALSO EXCEPTING THEREFROM that portion described in the Deed from Winchester Drive-In Theatre, Inc. to Santa Clara County Flood Control and Water District, State of California, recorded April 10, 1970 in Book 8885, page 541, more particularly described as follows: BEGINNING at the Southeasterly corner of said lands, said point being also the Northeasterly corner of that certain parcel of land conveyed to the Santa Clara Valley Water Conservation District, by H.T. Petersen, et ux, in Deed recorded in Book 4128 of Official Records, at page 429, in the office of the Recorder, County of Santa Clara, State of California; thence along the Northerly line of said District, as described in said Deed, North 890 25' West 20.00 feet to the true point of beginning; thence continuing along said Northerly line, North 890 25' West 121.00 feet; thence leaving said line, North 620 21' 09w East 92.71 feet; thence along a curve to the right, from a tangent which bears South 820 10' 04- East with a radius of 45.00 feet, through a central angle of 810 45' 04- for an arc distance of 64.21 feet to the true point of beginning. (Cont'd on next page) 206707-A page 4 PARCEL THREE: RIGHT OF WAY for roadway 20 feet wide, running South along the 1/4 line of said Section 35 from the Southeast corner of Parcel Two above descr~bed to a roadway owned by the party of the first part hereinafter described and extending Easterly to the San Jose and Los Gatos Road, together with the right of way for ingress and egress over said private roadway to the said San Jose and Los Gatos Road, as granted in the Deed from George A. Whipple, et ux, party of the first part to Frank B. Billings, dated September 15, 1908, recorded September 23, 1908 in Book 337 of Deeds, at page 138. PARCEL FOUR: An easement for the purpose of ingress and egress, said easement being more particularly described as follows: Being a portion of the lands of Santa Clara County Flood Control and Water District, as described in Deed recorded in Book 4120 of Official Records, at page 683, et seq., in the office of the Recorder, County of Santa Clara, State of California, to wit: BEGINNING at the most Southerly corner of said lands as described in said Deed; thence along the Westerly line thereof, North 000 25' West 269.63 feet; thence leaving said line along a curve to the right from a tangent which bears South 440 10' 42w East, with a radius of 90.00 feet through a central angle of 430 45' 42w, for an arc distance of 68.74 feet; thence South 000 25' East 191.35 feet to a point on the Southeasterly line of said lands as described in said Deed; thence along said line, South 560 55' West 29.70 feet to the point of beginning. PARCEL FIVE: BEGINNING at a point in the Northwesterly line of McGlincey Road, 40 feet wide, as said road was established by Deed from Kate Laptalo, et aI, to County of Santa Clara, dated August 25, 1947 and recorded October 14, 1948 in Book 1684 of Official Records, at page 75, at the point of intersection of said Northwesterly line with the quarter section line running Northerly and Southerly through the center of Section 35, Township 7 South, Range 1 West, M.D.B. & M.; thence frcill said point of (Cont'd on next page) 206707-A page 5 beginning along the Northwesterly line of McGlincey Road, North 560 55' East 29.70 feet; thence leaving said Northwesterly line and running North 330 05' West, 160.37 feet; thence parallel with the said Northwesterly line of McGlincey Road, south 560 55' West 29.70 feet; thence South 330 05' East 160.37 feet to the point of beginning, and being a part Df Section 35, Township 7 South, Range 1 West, M.D.B. & M. EXCEPTING THEREFROM that portion conveyed to the City of Campbell by Grant Deed recorded July 29, 1964 in Book 6600, page 557, Official Records, described as follows: A strip of land 10.00 feet in width along the Southerly line of the lands of Forman Development Co., as said lands are described in the Deed of record in Book 1086, page 568, Official Records of Santa Clara County, California, said strip of land lying Northerly of the Northerly line of McGlincey Lane, as the same exists 40.00 feet wide. PARCEL SIX: All of Lot 16, as shown upon that certain map entitled, "Tract No. 3599 Westchester Industrial Park", which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on March 25, 1964 in Book 175 of Maps, at page 47. EXCEPTING THEREFROM the right to pump, take or otherwise extract water from the underground basin or strata in Santa Clara County, with no surface rights to water involved, as conveyed by Forman Development Company, a partnership, to San Jose Water Works, a corporation, by Deed dated April 30, 1964 and recorded May 5, 1964 in Book 6491 of Official Records, at page 278. PARCEL SEVEN: BEGINNING at an iron pipe set in the Northwesterly line of McGlincey Lane, 40 feet wide, as established by Deed to the County of Santa Clara, dated August 25, 1947, recorded October 14, 1948 in Book 1684 of Official Records, at page 75, Santa Clara County Records, distant thereon N. 56 deg. 55' E. 29.70 feet from the point of intersection of said line of McGlincey Lane with the 1/4 section line running North and South through the center of Section 35, Township 7 South, Range 1 West, Mount Diablo (Cont'd on next page) 206707-A page 6 Base and Meridian; thence along said line of McGlincey Lane, N. 56 deg. 55' E. 110.14 feet to a point at the most Southerly corner of that certain parcel of land described in the Deed from Steve Laptalo, et aI, to Odean Snowden, et ux, dated July 25, 1952, recorded September 18, 1952 in Book 2490 of Official Records, at page. 105; thence along the Southwesterly line of said parcel so conveyed to Snowden, N. 33 deg. OS' W. 135 feet to a point at the Northwesterly corner thereof; thence parallel with said line of McGlincey Lane, S. 56 deg. 55' W. 23.58 feet to a point; thence S. 0 deg. 25' E. 160.37 feet to the point of beginning, and being a portion of said Section 35, Township 7 South, Range 1 West, Mount Diablo Base and Meridian, and also being a portion of the premises shown upon the Map of Record of Survey filed for record May 10, 1950 in Book 27 of Maps, at page 14, Santa Clara County Records. EXCEPTING THEREFROM the Southeasterly 10.00 feet thereof, as granted in the Deed from Albert M. Mandell, et ux, to the City of Campbell, a municipal corporation, recorded December 18, 1964 in Book 6784 of Official Records, page 624. WE NOTE, BUT A POLICY OF TITLE INSURANCE WILL NOT INSURE: PARCEL EIGHT: A right of way 30 feet wide commencing at the intersection of the North line of Lot 6 and the Los Gatos Road (said Lot 6 being a part of the land shown on a Map of partition suit of E. Willett, Plaintiff vs. Lottie Willett, et aI, Defendant, in the Superior Court of Santa Clara County, as surveyed by Herrmann Bros.); thence West on the South side of the North line of said Lot 6 to the land sold to the second party by grantor herein, under Deed dated September 1, 1888, recorded in Records of Santa Clara County, as granted in the Deed from Elizabeth A. Willett to B.T. Campen, dated September 6, 1888, recorded September 6, 1888 in Book 108 of Deeds, at page 362. 206707-A page 7 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: 1. Taxes for the fiscal year 1996-1997 a lien, but not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, and/or any additional taxes which may be assessed for added improvements or changes of ownership, subsequent to March 1, 1975. 3. Said property has been declared Tax-Defaulted for non-payment of delinquent taxes for the fiscal year 1994-1995. Additional APN 412-30-035-99. Amount to redeem by July 31, 1996 is $54.77. (Affects Parcel Six) 4. Said property has been declared Tax-Defaulted for non-payment of delinquent taxes for the fiscal year 1994-1995. Additional APN 412-30-042-99. Amount to redeem by July 31, 1996 is $30.54. (Affects Parcel Seven) 5. Said property has been declared Tax-Defaulted for non-payment of delinquent taxes for the fiscal year 1994-1995. Additional APN 412-30-043-99. Amount to redeem by July 31, 1996 is $30.54. (Affects Parcel Five) 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: The San Jose Water Company, a Corporation (No representation is made as to the present ownership of said easement) 'water pipe line May 25, 1870 Book 18, Page 88, of Deeds. Purpose: Recorded: The exact location and extent of said easement is not disclosed of record. (Cont'd on next page) 206707-A page 8 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: O. C. Wells, S. D. Ayers and H.H. Gilmore (No representation is made as to the present ownership of said easement) d itch, e t c . January 8, 1882 Book I, Page 576, of Miscellaneous Records. Purpose: Recorded: The exact location and extent of said easement is not disclosed of record. 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Mrs. Wells, W. H. Gilmore and E. T. Duncan (No representation is made as to the present ownership of said easement) ditch purposes December 8, 1884 Book 76, Page 293 of Deeds. Purpose: Recorded: The exact location and extent of said easement is not disclosed of record. 9. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Affects: Fred E. Lester (NO representation is made as to the present ownership of said easement) pipe line April 18, 1924 Book 82, Page 213, of Official Records. Parcels Five and Six Purpose: Recorded: 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Mrs. E. A. Wellett Coates, et al (No representation is made as to the present ownership of said easement) (Cont'd on next page) 206707-A page 9 Purpose: Recorded: right of way , January 13, 1893 Book X, Page 34 of Miscellaneous Records. The exact location and extent of said easement is not disclosed of record. 11. An Agreement affecting said land, for the purposes stated herein, upon the terms, covenants and conditions referred to therein, between the parties named herein For: Dated: Executed by: Recorded: Water right agreement October 27, 1892 Gilmore T. Duncan, et al and R. W. Thomas, et al January 12, 1895 Book 1, Page 37, of Miscellaneous Records. 12. An easement for the purpose shown below and rights incidental thereto as set forth in a document Purpose: Recorded: Santa Clara Valley Water Company, a corporation (No representation is made as to the present ownership of said easement) a ditch october 24, 1903 Book 270, Page 335, of Deeds. Granted to: The exact location and extent of said easement is not disclosed of record. 13. An easement for the purpose shown below and rights incidental thereto as set forth in a document Purpose: Recorded: Tamer I. Bohnett, et al (No representation is made as to the present 9wnership of said easement) pipe lin~ April l~ 1915 Book 426,~/584, of Deeds. Granted to: The exact location and extent of said easement is not disclosed of record. (Cont'd on next page) 206707-A page 10 14. An easement for the purpose shown below and rights incidental thereto as set forth in a document Purpose: Recorded: County of Santa Clara (No representation is made as to the present . ownership of said easement) road purposes october 14, 1948 Book 1684, Page 75, of Official Records. Southerly portion of Parcel 5 Granted to: Affects: 15. The fact that the ownership of said land does not include rights of access to or from the highway contiguous thereto, such rights having been severed from said land by the document Recorded: June 29, 1956 Book 3537, Page 478, of Official Records. 16. An easement for the purposes shown below and rights incidental thereto as shown or as offered for dedication on the recorded map Easement Purpose: Affects: Anchor easement Northerly 2 feet of the Easterly 20 feet and the Southerly 2 feet of the Easterly 20 feet of Parcel Six 17. Covenants, conditions and restrictions, with no express words of forfeiture, but omitting any covenant or restriction, if any, based on race, color, religion, sex, handicap, familial status, or national origin, unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the united States Code, or (b) relates to handicap but does not discriminate against handicapped persons, as set forth in the document Recorded: July 13, 1964 Book 6578, Page 232, of Official Records. (Affects Parcel Six) Reference is made to said document for full particulars. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. (Cont'd on next page) 206707-A page 11 18. An Agreement to Construct Land Development Improvements, upon the terms, covenants and conditions therein imposed which shall be binding upon and inure to the benefit of the successors in interest, Executed by: County of Santa Clara. and Winchester Drive-In Theater, Inc. September 26, 1966 Book 7516, page 632, of Official Records. Recorded: 19. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: County Sanitation District No. 4 of Santa Clara County, a Public Corporation {No representation is made as to the present ownership of said easement} acquiring, constructing, completing, reconstructing, repairing, maintaining and operating sanitary sewers, together with the right of ingress and egress thereto October 18, 1966 Book 7538, Page 493, of Official Records. Purpose: Recorded: Affects: Beginning at the most Easterly corner of that certain Record of Survey for Vincent Raney, a Map of which is filed in Book 214 of Maps, at page 18, in the County Recorder's Office of said Santa Clara County; thence from said point of beginning, Southerly along the Easterly boundary of said Record of Survey, South 70 21' 02ft West 221.63 feet, South 60 21' 02- West 459.18 feet; thence Westerly and leaving said Easterly boundary of said Record of Survey, North 890 49' 18- West 798.95 feet; thence along the arc of a curve to the left whose tangent bears North 390 30' 45- East and having a radius of 2985 feet, through a central angle of 020 30' 45-, an arc distance of 130.89 feet; thence South 00 10' 42- West 524.81 feet to a point in the Southerly boundary of said Record of Survey; thence Westerly along said Southerly boundary, North 890 49' 18- West 10.22 feet; thence Northerly and leaving said Southerly boundary, North 00 10' 42ft East 536.48 feet to a point on the Easterly right of way line of the State of Califcrnia Route No. 5 Freeway; thence Northerly along the Easterly right of way of said freeway, along the arc of a curve to the right, whose tangent bears North 370 03' 50- East, having a radius of 3000 feet through a central angle of {Cont'd on next page} 206707-A page 12 020 35' 04-, an arc distance of 135.32 feet; thence Easterly and leaving said Easterly right of way of said Freeway, South 890 49' 18- East 792.57 feet; thence Northerly and parallel at a right angle distance of 15 feet from the Easterly boundary of said Record of Survey, North 60 21' 02" East 445.04 and North 70.21' 02" East 219.87 feet to a point on the Northerly boundary of said Record of Survey; thence Easterly along said Northerly boundary, South 890 50' 16- East 15.12 feet to the point of beginning. (Affects Parcels One and Two) 20. An easement }or the purpose shown below and rights incidental thereto as set forth ina document Purpose: Pacific Gas and Electric Company, a California corporation (NO representation is made as to the present ownership of said easement) the right to erect, maintain, replace, remove and use a line of poles February 24, 1967 Book 7648, Page 345, of Official Records. Granted to: Recorded: Affects: 1. Within a strip of land of the uniform width of 10 feet, lying contiguous to and Northwesterly of the Southeasterly boundary line of Lot 16 of Tract No. 3599 Westchester Industrial Park, recorded in Book 175 of Maps, page 47, and extending from the Westerly boundary line of said Lot 16, Northeasterly 230 feet, more or less, to the Southwesterly boundary line of the city street known as Westchester Drive. 2. Beginning at a point in the Westerly boundary line of said Lot 16 and running thence South 610 49' West, 1 foot, more or less, to a point from which the most Southerly corner of said Lot 16 bears North 890 37' East 1.0 feet distant; thence North 10 II' West 287.7 feet; thence North 40 17 1/2' West 224.5 feet. 21. Covenants, conditions and restrictions as contained in the Deed From: Recorded: Santa Clara County Flood Control & Water District Janucry 30, 1970 Book 8816, Page 219, of Official Records. (Affects Parcel Four) Reference is made to said document for full particulars. (Cont'd on next page) 206707-A page 13 22. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Santa Clara County Flood Control and Water District (No representation is made as to the present ownership of said easement) ingress and egress April 10, 1970 Book 8885, Page 541, of Official Records. Purpose: Recorded: Affects: Beginning at the Southeasterly corner of said lands, said point having also the Northeasterly corner of that certain parcel of land conveyed to the Santa Clara Valley Water Conservation District by H.T. Petersen, et ux, in Deed recorded in Book 4128 of Official Records, at page 429, in the office of the Recorder, County of Santa Clara, State of California; thence along the Northerly line of said District, North 890 25' West 20.00 feet; thence along a curve to the left from a tangent which bears North 000 25' West with a radius of 45.00 feet, through a central angle of 810 45' 04w, for an arc distance of 64.21 feet; thence North 620 21' 09- East 65.84 feet; thence South 000 25' East 75.01 feet to the point of beginning. 23. An easement for the purpose shown below and rights incidental thereto as set.~uh in a document Granted to: Pacific Gas and Electric Company, a California corporation (No representation is made as to the present ownership of said easement) to construct, place, inspect, maintain, operate, replace and remove facilities consisting of underground conduits, pipes, manholes, service boxes, wires, cables and other electrical conductors, together with a right of way therefor and the right of ingress thereto and egress therefrom September 24, 1970 Book 9065, Page 114, of Official Records. Purpose: Record~d: (Cont'd on next page) 206707-A page 14 Affects: A strip of land of the uniform width of 5 feet, extending from the Easterly boundary line of said real property, Westerly to the Easterly boundary line of the state highway known as Highway 17, and lying equally on each side of a line which begins at a point in the Easterly boundary line of said real property distant along said Easterly boundary line, 22.0 feet Southerly from the Northeast corner of said real property, and runs thence North 890 50' West 245 feet, more or less, to the Easterly boundary line of said Highway 17. 24. An Agreement to Construct Land Development Improvements, upon the terms, covenants and conditions therein imposed which shall be binding upon and inure to the benefit of the successors in interest, Executed by: Recorded: Caz Development Company and City of Campbell May 2, 1984 Book I509, page 675, of Official Records. 25. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: County Sanitation District No. 4 of Santa Clara County, a public corporation (No representation is made as to the present ownership of said easement) constructing, completing, reconstructing, repairing, maintaining and operating sanitary sewers and appurtenances for said District, together with the right of ingress and egress therefor November 21, 1984 Book J059, Page 242, of Official Records. Purpose: Recorded: Affects: Beginning at the Northeasterly corner of that certain Record of Survey for Vincent Raney, a Map of which is filed in Boo,k 214 of Maps, at page 18, in the County Recorder's Office of said Santa Clara County; thence from said point of beginning, Southerly along the Easterly boundary of said Record of Survey, South 070 21' 02" West 221.63 feet, South 060 21' 02" West 459.18 feet; thence Westerly and leaving said Easterly boundary of said Record of Survey, North 890 49' 18w West 338.15 (Cont'd on next page) 206707-A page 15 feet; thence South 000 10' 42" West 271.52 feet; thence South 690 42' 00. West 256.06 feet; thence South 240 32' OOR West 198.08 feet; thence South 71015' 00. West 233.07 feet; thence South 000 10' 42" West 9.95 feet to a point in the Southerly boundary of said Record of Survey; thence Westerly along said Southerly boundary, North 890 49' l8R West 10.00 feet; thence Northerly and leaving said Southerly boundary North 000 10' 42" East 17.09 feet; thence North 710 15' 00. East 235.89 feet; thence North 240 32' OOR East 197.92 feet; thence North 690 43' DO" East 253.28 feet; thence North 000 10' 42" East 279.58 feet; thence South 890 49' l8R East 334.69 feet; thence Northerly and parallel at right angle distance of 15 feet from the Easterly boundary of said Record of Survey, North 060 21' 02. East 445.85 feet and North 070 21' 02. East 219.87 feet to a point on the Northerly boundary of said Record of Survey; thence Easterly along said Northerly boundary, South 890 50' l6R East 15.12 feet to the point OL beginning. Grantor hereby further grants to Grantee the right to the use of such land on each side of the hereinabove described 10 foot strip as may be reasonably necessary for the deposit of earth and construction materials and the use and operation of equipment during the construction, maintenance, repair, or replacement of said sanitary sewers and appurtenances. 26. Thef:a-ctthatsa+d land is included within a project area of the RE?development Agency shown below, and that the proceedings for the redevelopmen-t of said project have been instituted under the ---- ~--~ Redevelopment Law (such redevelopment to proceed only after the adoption of the redevelopment plan) as disclosed by a document. Redevelopment Agency: Second Amended and Restated Central Campbell Redevelopment Plan June 18, 1992 Book M246, Page 506, of Official Records. Recorded: 27. Deed Restriction Agreement executed by Western Federal Savings and Ldan Association, a federally charte~ed stock savings and loan association, dated February In, 1993 and recorded February 17, 1993 in Book M630 of Official Records;-page 1370. Reference is made to said document for full particulars. 28. Any rights of the parties in possession of said land, based on an unrecorded lease, or leases, as disclosed by an inspection. , (Cont'd on next page) 206707-A page 16 29. Any facts, rights, interests or claims which a correct survey would show. END OF SCHEDULE B NOTE 1: Premises not assessed for the fiscal year 1995-1996. NOTE 2: If this Company is requested to disburse funds in connection with this transaction, Chapter 598, Statutes of 1989 mandates hold periods for checks deposited to escrow or subescrow accounts. The mandatory hold period for cashier's checks, certified checks and teller's checks is one business day after the day deposited. Other checks require a hold period from three to seven business days after the day deposited. NOTE 3: If a 1970 ALTA Owner's or Lender's or 1975 ALTA Leasehold Owner's or Lender's policy form has been requested, the policy, when approved for issuance, will be endorsed to add the following to the Exclusions From Coverage contained therein: Loan Policy Exclusion: Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a jUdgment or lien creditor. (Cont'd on next page) 206707-A page 17 Owner's pOlicy Exclusion: Any claim, which arises out of the transaction vesting in the Insured, the estate or interest insured by this pOlicy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a jUdgment or lien creditor. NOTE 4: THE FOLLOWING IS FURNISHED FOR INFORMATION ONLY: The only conveyances affecting said land recorded within six months prior to the date of this report are as follows: NONE (Last insured date: April 21, 1994) ~- (j) -eC\J CL ~ ~I ~ " "- o ~ I -€a / o o N @ , -;'~A,~... Itc ~/06~ 'S '() 0' "'---;;;NOINn __ "'"II' >- ILl ~I~ I ... i { ~I., ~ " J ~!I ~; u Ul .. ~~J~ en z ,.. ILl ,5 ,..: .. ;; u <( N ": >= N U N C> <( <t :> ~ ILl 0 crlD 0 ILl ..J 8~ ll; .0 ...J 3: ..J ...J I Z ILl m ~. ~ n. '. ~ ::e <( " '<' . u /~ ... 0 /~ >- ~ u =.:: ",_il - Go ,... ~ iO u .. '" CD oj 'i( ...., <J~ ~ I I I i- f", I~ II:) ,,, ~ I~ .. CII, .., I . . 1 .. I~ :J.WS.1 -+ I 0- Il:) '" z It... U ,lI) .. I~ ;; z I vi I 0 <11/ - is 'Clt !: ~I ~ <01 ll; 1\;1.. <( I" n. Itj~ <<:::il:: @ q;1- I 0- J ..J I ..J 101 ID :t , ~ If ~ :r -=-- r " .... "~ f: 'N I G 't '~ll tl"Cli .- -... ~.r. ~o " "'''''.I' "',--.:~::J NI1VVtlO:J ... 'z,s: @ / I 2 .:.~:i:: I~ I~ @ @ ~''''O -cfl) Q. I;' ~I " @ ~ " to ~ " a: <l: n. oJ /1l ~ /1l Il: '" .... f") III => ., 0 z z .... Il: '-' ... <( .... Il: III .... ~ u .... III '" ~ F i i ~ \ ~~,~ I Nh.U \ ~l!Q. ihoi 2.r!l!l ~h: h"~ 7UtUl .....W. ~ a~:,~ \~ ..p'.".. .:Q. ul "'00 U f. 't- ") 19 ,,' ~ ~I -\ " @ ~I ....., I :J ih€)"l' I ~)f , ;;~ I , \ \ \ \ \ ..\ ~\ \ \ \ \ ...~...\ ~'J:'I'4 \4 _. \t". ".;. ,,, ..... \ .-'- ~\'" t\ \~. e f:), \q, \ .... \ .~., ~v ~ " .....' ~I .." ..'. ... ., 0" 0" '" Ii u - ... .. "'. ui i... ......, u ~ @ CITY OF CAMPBELL ENGINEERING DIVISION LAND DEVELOPMENT SECTION DEVE. LOPMENT C. HECKLIST r7 ~,/; (> .7 ./J.' / 727 ~"e;p :=?4/-&~/ P'/~/c>,r/!/ '7".}-9'7'-b/:' ~7~ ?LJY'~e?tf,.J&~~b'z'2- APPLICATION NO: .TBACT Ne:- ~x?ccL#4.P ENCROACHMENT PERMIT NO: ADDRESS: APPLICANT NAME AND PHONE: CONSULTANT NAME AND PHONE: Gffj!JI~~~// 1. 2. 3. 4. ENCROACHMENT PERMIT ISSUANCE CHECKLIST ENCROACHMENT PERMIT APPLICATION ENCROACHMENT PERMIT INSURANCE CERTIFICATES FEES, SECURITY AND CONSTRUCTION ESTIM41ES a. Engineering Plan Check and Inspection Deporif{/t'l.l~ b, Engineering Plan Check and Inspection Fees. I;:{~ c. Faithful Performance Security /~~~f,.e, d, Labor and Material Security .LH.'Z.,r!ZE.~ M ' S' ~A".t;;;:; :.(, -?I~// e. amtenance ecunty z,~ /~?,6 J. <~; ./'X-. f. Emergency Cash Deposit '. ,..~, .. .. ..4.. ..~ , g. Storm Drain Area Fee ~$-g."f(?f h, Record Map Fee ,./!./y/f.t'.".,. 1. Traffic Engineering Fee )...............,.. J. Monumentation Security . ./~~....... ../ k, Park Impact Fees .. .. . . .. .. .. , .. .. .. .. 1. Miscellaneous Fees .. .. .. .. . .. .. . .. .. .. . m. Construction Cost Estimate ., . . . . . . . . "',... . .. . STANDARD AGREEMENT AND ATTACHMENTS......r'/J SPECIAL AGREEMENT AND A TT ACHMENTS, .J...s.g ItJ'tf- RECORD MAP a. Easements and Dedication ................... vtf... Taxes and Assessments Letter . . . . , , , , , . , . . . . . , . . c. Non-Interference Letters (NILS) . ............,...... d. Signed Check List by Engineer/Surveyors .,.,...... e, Current Preliminary Title Report ...""".",.,..,. f. Subdivision Guarantee . .. .. , .. , .. .. .. .. .. g. Fictitious Name Certificate ................... h, HOA Management Agreement ..,................ 1. CC&R's .................,. J. Mylar Copies After Recording ................... 5. 6. 7, 1 REQUIRED RECEIVED ~.. p/ ~' /'. r-' v V". ~ ~ e-- ~ ~ L/" /'" -4/4 )/' ~ .4/4 /-- y- ~/ ~ ~' ~ 4/# ,......--. .---' /' ~- ~c? ~~.e! ,c)'- ~OZ ~ ----... ~ t-j/fff /' ~t!bJ).B ;;// ~ V J/ V r4 / V ..........- V' ~ V" V "l ~1 j/'" ~_. 12. 13. 14. 15. 16. 5CI'J~[)~ ~~ J/ E7Z f? 2J;i~ SL" V iUP - P bE/Z5~/V --;'i>- Zo...-7~ RIGHT-OF-WAY BY SEPARATE INSTR..,..........",... SOILS REPORT PLANS ~7/ a. Street Improvements .,".j~, vJ:,..n".,,',.. b, Grading and Drainage ~y;5~' c. Landscape JY.C}~::/J _ d, Traffic Control A!6~"",i./~ e, Other ......,............. CLEARANCE LETTERS OR PERMITS FROM OTHER AGENCIES " a. SCVWD PROP, EASEMENT LTRS......,........... '/. b. WVSD II ". II II "................... ~ c. SJWC II ". II II "........,.......... d. PG&E II II II II II ......... .. .. ...... ~ e, Pacific Bell II II II II .. .. .. .. . .. .. , .. .. , V' ~'. ~~~FPD (~en~ral Fir~) II :',....'.'.'.'.'.'....,','.',',','.'.'.. ;;:'" h. Cal Trans .. .. .. .. .. .. .. .. .. .. 1. City of San Jose ...... ...... .. .. .... J, Town of Los Gatos ....,....,........., k. Private .. .. .. , .. .. , .. .. .. .. 1. Other . .. .. .. .. .. .. , .. , .. . SOILS REPORT .., .., .. .. ...... .. .. LETTER FROM DEVELOPER TO PAY ADDITIONAL PLAN CHECK EXPENSES UTILITY COORDINATION PLAN ."""""...,.",.,. APPLICANT LETTER STATING COMPLIANCE WITH CONDITIONS OF APPROVAL SPECIAL SUBMITTALS PER CONDITIONS OF."",.... APPROVAL PLANNING DIVISION APPROVAL .. .. .. .. .... .. .. .. .. BUILDING DIVISION APPROVAL ...,....",........, TRAFFIC DIVISION APPROV AL .. ........, .. ......, SERVICE CENTER APPROV AL .. ..,....... .. .. ,.., ESCROW LETTER WITH RECORDING INSTRUCtIONS CITY COUNCIL AND PLANNING COMM,RES...,....,.. --------.... ~ ~cP?r~C' 8, 9. 10. 11. 17. 18. 19. 20. 21. 22. 23. 24. COMMENTS: ~ .~....."-'" ~ /YA , Y .:;> v. ~- V' V ~/ -- ~ J/'/ /' L-_ /f1!l V-- V- ~' -.-- ,'" ~::: ./ v' f ./". ,/" v' .~ ~' V ~ ~4 ~/1 ~' ~ V'. Refundable Deposit Check Request To: Finance Director Check Payable To: WTA Campbell Technology Park, LLC Address - Line 1: 900 Welch Road, Suite 10 Line 2: City: Palo Alto State: CA Zip: 94304 Description: Refund Deposit Account Number: 101.2203 Amount: $10,000,00 Account Number: Amount: Account Number: (Finance Dept only) 101.540.7448 Amount: Interest Earned (Finance Dept only) Total Payable: PtJrpose: 1 \ $10,000.00 (Exact Amount) Refund of Monumentation Security Voucher #: Permit #: 98-219 Date: 03/02/1999 Title: Land Dev, Engineer Date: 07/31/2001 Title: Land Dev, Mgr, Date: 07/31/2001 Title: Accounting Clerk II Date: Title: Accountant Date: Approved by: Lynn Penoyer Finance Dept Only: Verified by: Approved by: ~ecial Instructions For Handling Check Mail As Is: xxx Mail in Attached Envelope: Interim Check: Needed By: Return To: (Name) (Department) Other: fin: Forms/excel/chkreq . Revised 05/00 IMI HMH, Incorporated Civil Engineers . Planners. Surveyors James T. Harper William J, Wagner Thomas A. Armstrong Michael L. Morsilli David M, Wilson RE: Campbell Tech Park RECE1VED JUL , 7 2001 PUBL.IC WORKS . A.cult-llS1RAllO!!. I,,} n mW~'1 ~ ~ ~J~IOI ~ July 16, 2001 Job No, 2332-07 City of Campbell 70 N. First Street Campbell, CA 95008 Dear Gentlemen, As civil engineer/land surveyor for the subject project, this letter is written to indicate that all monumentation has been completed in accordance with the Subdivision Map Act Section 66495, and the recorded Parcel Map No, 71625/26, and that HMH, Inc, has been paid tor these services, Very truly yours, HMH, INCORPORATED cc: Eddie Dove, Huettig & Schramm 1570 Oakland Road, Suite 200, San Jose, CA 95131 . PO Box 611510, San Jose, CA 95161-1510. (408) 487-2200. Fax (408) 487-2222 5673 W. Las Positas Boulevard, Suite 209. Pleasanton, CA 94588 (925) 847-7335. Fax: (925) 847-8895 7951 Wren Avenue, Suite D, Gilroy, CA 95020 . (408) 846-0707 . Fax (408) 846-0676 Of'C.".-lt . ~ ~ ~ !o. ~ ~ .... .. !'"' U II> r- .. o$~.'.'" "- !.. " (J/(CHAll('l CITY OF CAMPBELL Public Works Department August 21, 2000 WT A Campbell Technology Park, LLC 900 Welch Road, #10 Palo Alto, CA 94304 Re: Project Address: 535 Westchester Drive EP 98-219, Parcel Map No, 71625/26 Monumentation Cash Security Dear Developer: According to the City's records, a $10,000.00 cash security bond is still being retained for setting the survey monuments for the above-referenced Parcel Map No, 716 25/26, Please provide us with a letter from your civil engineer/land surveyor that all monumentation has been completed in accordance with the Subdivision Map Act Section 66495, and the recorded Parcel Map No. 716 25/26, and that he/she has been paid for his/her services, Upon written request for refund of the security by the party who posted it, the staff will check the site to verify that the monuments have been set. When the monumentation has been completed, the staff will arrange to have your security released by the City Council. According to recorded Parcel Map No, 71625/26 monuments should have been set on or before May 1,2000, Please respond within two (2) weeks of receiving this letter. Contact David Corona or me at (408) 866-2158 if you have any questions, Sin:~/ /Y~ v/ I. Harold Housley, P.E Land Development Engineer cc: LD File/535 Westchester Drive EP File/98-219 Alan Horn, Public Works Inspector Michelle Quinney, City Engineer Steven M, Mendenhall, HMH, 1570 Oakland Road, Suite 200, San Jose, CA 95161 j:\ld\monuments due 70 North First Street. Campbell, California 95008-1423 . TEL 408.866.2150 . FAX 408,376,0958 . TOD 408.866.2790 18 :2/1 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, COMPANIES AFFORDING COVERAGE Aon Risk Svcs Inc of No. One Market Spear Street Tower Ste, San Francisco, CA 94105 415-543-9380 Cal. 2100 WTA CaMpbell Technology C~\\J Park, LLC ~~ Q~ c/o Huett ig a Schrollllll ~ t 1 \~-;J 900 Welch Road, Suite .10 ~~~ 'oJ.o~~o&..... ~ Palo Alto CA 94304 ~ .~ COlPANY A Firelllan's Fund Insurance Co COlPANY B Re ubi ic Indelllnit Co of Allier COlPANY C American and Forei n Ins. Co. COlPANY o Ro al Ins. Co. 0 fAille r i c a ................................................................ ..... . ............... .............. ......... ...;.....;.;.;.;......::::..;.;:..:.::;.;.;.;.:::.;.;.";';"':';';';':';';':';';';';':';"';".;.;:..;.:.;............................... . .,',.......'.i'~;s':sY82~t*~W~:1;!:r1;~~~;t6ili:~:~8;~t~t~~ ......'.', ~,sT'~'6~~~t'8:W8.i.8g::~~i.~fg~8~:6::f~N'~g~~~J~g6::~;~'~'6::{~ge~::~:g~r~~:tgt:i2VJ~~i6g:t::i::: INDICA T ED. NO T WITHST ANDINGANYREOUIREMENT , T ERM ORCONDIT IONOF ANYCONT RACT ORO T HERDOCLMENT WITHRESPECT TO WHICH THIS CERTlFICA TE MA Y BE ISSUED ORMA Y PERT AIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LMITS SHOWNMAY HAVE BEEN REDUCED BY PAD CLAMS. 00 T~CW ........ POLIOY NU.-R POLICY I!PRCTIW I'eLIOY IXPRATION LTI DATI! (.......DOIYY) DATI! (.......DOIYY) L1WITS ClUl!RM. L1ABLITY GEtERAL AOrnEGATE S 2000000 C X COl8ERCIAL GEtERAL LIABILITY PSV010065 4/01/99 4/01/00 PROOU:TS.COWP/OP AOO . 2000000 a.AlliIS MACE: [i] occu:l PERSCtlAL ll. AOV ItU.RY . 1000000 owtER'S ll. CONTRACT<FS PROT EAOi OCCl.MENCE . 1000000 FIRE DAMACi: (An( one tire) . 300000 lED EX? (An( one ~son) S 5000 AUTOWOllU LIABLITY , COlEllNED SINCl.E LIl11T . D X ANY AUTO PST244489 4/01/99 4/01/00 1000000 AlL owtED AUTOS ElCOIL Y ItU.RY . SOEI:UED AUTOS (Per person) X HIRED AUTOS ElCOILY INJ..RY X NO~wlED AUTa> (Per accident) PROPERTY DAMAGE . GAR" LIMLITY AUTO ON.. Y . EA ACCIGENT . ANY AUTO OTI-ER THAN AUTO ON.. Y: EAOi ACCIaoNT S AOCHOATE S DCPS LIABLITY EAOi OCClllRENCE . 15000000 A X UI8lELLA F~M XVZOO083704734 4/01/99 4/01/00 AOCR::GATE S 15000000 OTtER THAN UI8lELLA F~M . WORKERS CC;..-ATION - X STATUTORY LIUITS IIoFLO'tI!RS'LIABLITY B 00642306 4/01/99 4/01/00 EAOi ACCIGENT . 1000000 TI-E PRCPRIET~I INCL DISEASE. PQ.ICY LIMIT S 1000000 PARTtERS/EXECUTlVE Cl'FICERS ARE: EXa. DISEASE. EAOi EtoFLOVEE S 1000000 ontlR RE: Call1pbel I Technology Park. Waiver of Subrogltion is included as respects Worker's COlllpensation, .Except 10 days cancellation for non-payment of relllium. See attached additional insured endorsement CG 20 10 10 93, :r."::"::,Jl,:L::"'::LX~,,,,~,,,Jf\ttm;;mmmmmmmmmmM::rmi::r!i@U:m:ttlt::::m::::::,,!'!::;,c::::::::::L)).::,:L,:tmmu:m:tti:m:mi::::mlil:mmmm::@llP::::::tt:\t:t(Wft:t::::::tttttt::mm SHOULD lIMY cw ntl AllOW DlSCR8B POLIO" II OANCll!U.lD ..,OM 1111 Ci ty of Call1pbell Attn: Dept, of Publ ic Works 70 North First Street Cllllpbell ,CA 95008 . A 'f) /} 128000000 /11' kfL'-.-a--1.uu~ ::'i~~g'f..t.J.r::::@'fEEnl;trlmt;Itnmm::l{E:::::::::::::::::::I:;:::::;::;m{::I::l::::~::)::::::::':::/:::::::;::::;:;::{:::::::;:::::::::::::::;:jr'.{}}}::;::::m?):::::;::::{::::;;::::;lli:::::::::)I>X~--_IH1.:::: IXPRATION DATI! ntlAlCW. ntl ISSU_ OO"'ANY WILL _AYOIl TO "'AL 30* DAYS WRITTI!N NOTICe TO ntl omnPIOAn: HClUlD HA"" TO ntE LDT. -- '" POLICY NUMBER: PSV010065 COMMERCIAL GENERAL LIABILITY CG 20 10 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: THE CITY, THE CITY OF CAMPBELL REDEVELOPMENT AGENCY, ITS OFFICERS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED. THE INSURANCE COVERAGE AFFORDED TO THE ADDITIONAL INSURED IS PRIMARY INSURANCE. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. RE: CAMPBELL TECHNOLOGY PARK CG 20 10 10 93 Copyright Insurance. Services Office Inc., 1992 IN eel. ~t'v\")<< ;~(i,f ,,0 ~l) y..;i 'I fj'~: EP 113-z,&J r-. I LD 53{ WQS~W The City of Campbell ~~ildinq Department may issue-a demolition permit to an applicant when clearance and permission has been o~tained from the following departments/agencies. Obtain a signature from a r.~resentative from the Oept/Agency and return this application to the Campbell Building Department. ,';;;-';;;':;;-/:::1:::10 I ~ : ~::>AjVl r KUfVl v J. I r. ur. I".,u.Mr-Ct:.l...l... 4~~~bb~~d I CONDI~IO~~ DEMOLIT~ON PERMIT APPLIc)~ION Santa Clara County Fire Dept: 14700 S. Winchester Ave. City of Campbell-Planning 378-40~ Id~ ~.'111 b. AuthorizedSiqn' Date '~6. ,~gi\fuQh:::C \ i:a- Dept : 408-/866-2140 . ~ \) \'"' 70 N. First st., campbell City of campbell-Public Works Dept : mL~ t! 'l13/4 q I 408/866-2150 70 N. First st., Campbell City of campbell-Redevelopment Dept: 408/866-2110 70 N. First St., Campbell I II 4l~3 408/378-2407 &~Kct,2 r, /11 : 4081 ;~;;/;-dCd<f ~/t~ DEMOLISHED: L' 6-;5 LOest-e.<..te< 1) ~ \ ~ . it:' I t ~ I 0...1'. a b{ fO~"J\er w.:^~.1.t2~r~f) WTA Ct1MA~':Xt \to\.Vto t1J fa(p LLG- ?~ E::Ll.- Onv'12, . I'" <;,t~ :; owne:r.L n/~ L. -r-r .. "\ e-"? c; ~\.&+i ~i& ~e. ~_ ~ II\..C.-U> .JL-r IV Occupancy Class Type Construction West valley Sanitation District 100 E. Sunny oak Ave, Campbell Pacific Gas & Electric Company 10900 BLANEY AVE.. CUPERTINO DESCRIPTION OF PROPERTY TO BE 6, I M~ . {tViCe Address C.A 41"Z..~)0 - 42-/43 . APN 4-11." z..:; _...~ c7 CONDITIONS AND APPLICANTS RESPONSIBILITIES: ~CO ~: $ ~j.ge permit issuance fee. Hours of Work/Noise Limitations: City Ordinance 18.02.060 limits hours of construction and limits noise on the job. The hours construction activity is permitted are trom 8am-5pm daily and 9am-4pm Saturdays, no work is permitted on Sundays or National Holidays. No loud environmentally disruptive noises such as equipment without mufflers, continuously running motors or generators, loud playing musical instruments or radios etc, will be allowed. pust Control/Debris Containment: It is the responsibility of a demolition permit holder to insure provisions have been made to prevent dust or debris from blowing onto adjoining properties or public streets. Demolition, once bequn, shall continue until the lot is clean and clear of all debris and free of all demolished materials. Hazards: It shall be the Demolition Permit holders responsibility to be familiar .ith and contact the proper agency when a hazard is encountered during the course of the permitted work. The permit holder shall make all owners, employees and contractors aware of these requirements. IL-L~-I~~b 1~;~bAM r~UM ~l IY.Ur.~AMPBELL 4088668381 P.2 CONDITION}" DEMOLITION PERMIT APPLICA'i 'N poge ~ The following procedures must be followed when a hazard is discovered: Broken Gas Line: Shut off any equipment and evacuate the immediate area. Dial 911 for Emergency Response as soon as possible. Electric Line Down: Evacuate the area immediately_ Dial 911 for Emergency Response as soon as possible. Abandoned Seotic Tanks: Notify the Building Department. Pump out any existing sewa~e, fill in the tank with earth, sand, gravel or concrete to the top of the tank walls. Call tor inspection. After passing inspection continue fill to the desired grade. The top of the tank must be broken. Asbestos Materials: A notification form must be filled out at the Building Dept. and mailed to: Bay Area Air Quality Management District, 939 Ellis st. San Francisco, CA 94109, 415/771-6000, prior to permit issuance. It is the permit holders responsibility to contact this agency and receive permission prior to starting the actual demolition work. Failure to comply will be cause for suspension or revocation of the Demolition Permit. BAAQMD will inform the permit holder of the proper methods to determine if Asbestos is present and for removal. The hazards listed above are not all inclusive of hazardous conditions which may be encountered while a demolition is being performed. It is the responsibility of a permit holder to inform the City of Campbell Building Dept. of any unusual condition which may constitute or become a hazard to life or property. FINAL INSPECTION: A final inspection is required for a demolition permit. Prior to calling for final inspection, insure the sewer lateral has been capped and inspected and the site has all rubbish removed. ------------------------------------------------------------~------~- I have read, understand and will comply with the above conditions and responsibilities during all demolition work for Permit # Signed Date Official Date .~:>. Fii-e.: B? "'16- 2ft l-D 53'5" 1,~)ec;.lc!,Qs1r NOTICE OF INTENT TO caMP!.... Y WITH Tr.= TE~MS OF THE GcN::~.AL p::?MrT TO DISC:-;ARGE STORM WATE? ASSOCiATe] WITri CQNST~.UCT10N ACTIVITY (WO Oreer No. 92-08-0WQ J S:.::l:e 01 C;;Jilemia S:.::l:e Water Resoorce-s C-=nt:'c1 Bc;;.rc ).Unl<.~L,( CHE r.c:M 1. 0 C<'.q=ir.g c.."i1s:'-~"::~ 1. (]) Nev< C:r.s:.-.;c.:cn :L 0 c:-::::::;~ c! 1r:=:;;-':;~' 'WD!JZ L::.=..;I Ma.iiir:~ Access 9,0,0, ,WJ,L,C,H, R GAD IS, U 11 fl ,1,0, Ci:; PIAl L, 0, A t IT ,0, I I , 1 , I I I 1 I 1 I 1 , I , , I , , \ Contac: P ersen K,E,N, N,E ,u ,MrE,I,S,TI S F\ \ Ilt:a P,R,O, J, EI G ~ ,M,A,N,A' G \ pher.a 3-,018,514 615,01 ,3 ,2,2, ,2,1121 I, , , I. OWNER w-rJ:>. ~~~-n Name f'~~ \-l.-C- R ' , ' \5'-'0 \T.;J C~'A -91 41 31 0 II. CONSTRUCT10N SiTE INFOF.MATiON A.. O.e'l~!cpar \ Cen:.ac: Pers.::n \( E N 1 IN I F III 1 M, F, T , <:::, I' J=; R I , \ Ilda ,S,U,I,T,E, ,1,0, , , 1 1 I , P,RI0,J1E,C,T, ;~IA,~IIA,GIEIRI I' , " , , ' , , \~~A\~~4, 3,0,3,_0 S S A \~~;"~O, ,3,2, Z ,2,1 ,2,1, \ Cc~r.:/ ,0 I R, I , If I E: I I , I ' I I , t 5 fA PI ;r ,p., Ic:::'-'~ \ 7;~ I , , I , \-C~'~,9~510,O, 81-' I ,CILIA,:;:"'::" \ r-:-.C:-?- , 1 ,-, , I , 1 v-/lA ~ \~~"< 'P,o..~" \-L..C-.___ t.;=l Ma.iiir.g, Accra ss 9 ,a 101 I W ,E, L I C, H, R. P p.. ,D , C;:'f iP,A,L,O, ,A,LtT,O"" I' \ =. S,te Ac::~ess ,5 ,3,5: ,1..1 I I ,~1. C H, E, S, T, E. P.. I_I r I r I I C;;'f -" .:C IP., ,~1 ,P r B ! E . L , L I , , , I , ! , , J \ c. Is :-'20::,,:;::-.::::::::1 sole ;::i::::i ;;. I:c.r:;er ::=(7:(7::::-: ;::.:0.:-, ci c2vele::r7:ent::r sala? 0 Yes @ No ~,~ ~,{ C 0 [f 'f~$.. r.':;:7:2 =: ;::.;;~ c:' C2Yelc;::7:e~.t , I , I , I I I , , I 1 , , , , , I , I I , , :,: :.~ 0 Q Y Y y y S ?~::jec:ec c:::1s:.-,;::::cn c::r7:;:!e~=:'1 C;i:e ,\ ,1..,3, \ ,9,'1, 0.. CC:1S~:-''':=:::::~ C::i":"".r:-'.er:C2r.-:er.t 6~e ,Oil \ S,<1,~' o OTr.e:; (=ntar inforr.:aticn at right) . \ N:::i-rA C:C>oH\~ -ra.H~~'-{ f'Al2-IL- ( ~ M,aiiinS Ace:ess 9 101 0 I II'! IE, LIe, HI c;:/ P ,P..,L,O, ~ ,L,TP 1 ~: ItI. BiLLING ADDRESS Sane::: tc: iIl OWNE? 0, DEVELOP::? ,R 10 , P.. to I ,S 1 U ,I ,T IE, ,1,0 1 , 1 , I , , ,I I \~~A\~~4,310,3,_,O,815:::' , I 1 I I I , IV, RECEIVING WATE? INFORMATlm~ A. Dees 'ic~r CC:1s:,,-,;Cc<1 si:.a's s::::ro.1 w..:er Ci:;c,;;.-;;e ~: (C:-.ecX cne) 1.lXls"'rm<,~",y,~m-"n;",y'''m,=,~,.a~' (o1,T,Y, ,O,F, ,(,A,M,P,8,E,L,L' """""" 2.0 Cirec:!y to w..tEr5 of U.S. (e.s.. river, lake. C'~i\, cce;U1) J. 0 lnc:re-::~"I te w~ters 01 U.S. -< '1 S. Name of cases: rec:aiving watel' tl ,0 ,S, 1 G, A, T 1 0, S, IC ,R I E IE, K I 1 I I I I I I I I I I I I , Date Permit tssue::::..'.. . " "'J l- '2-0 .:.. '} 9 NPOES. Pilrmlt Number: . ..,"... ." .: - C"A S 0-0000 j Date NOl F.eceive-ci: 1-'2..0 ,-t).9 . .-.=-,: L7- ~. V. TYPE OF CONSTRUCTlON ( Check all that aoply) , , I I , , I I , I , I I I I I I , , , , I I I I I I , I I I (' .\ 1.0 Residential 2. 0 Commercial 3. IlJ Industrial 4. 0 Reccnstr'.J~ion 5. 0 Tr;ms;::or.a::on 6. 0 Utility 99. 0 Other (Please Us:) VI. MATERIAL HANDLING/MANAGEMENT PRACTICES A. Types ot materials that will be handed anCJer stored at the site: (Check an.:nat apply) 1.0 Solvents 2.1Xl Metal 3.[) Petroleum P~oduc-.s 4.0 Plated Prod:..:c:s 5.[1 AsphaJVConcrete 99.0 ether (Please lis:) 6.0 Hazarcous Substances /,0 Paints a.lZl Wood Treated ?rcc:..:c:s I , , I , I , I , I I I It' I I , I , , , I I I I I I 3. Icentily propo~d rr..anagement prac-Jcss to reduce pollutants in storm wat~ dis.::~ar;es: (Check all that acply) 1. 0 OillV./ater ~parater 2. IKl Erosion Cenerols 3.0 Sec:mentation Con~ols 3..0, C 'C _ 'vemeac .::verCige 5. 0 DetentiorvDesiltation Pond 99. 0 Ct:'1er (Please list) I 1 1 1 , f ! I , I I r I , I , , I I , I I I , I I I , I VII. SITE INFORMATiON 2. ;::ert:ent oi site imcervious: (IncL:cing roor.ccs) A. Tctal size of c:nstr'..;c:cn si:.2: 18.7? AC:BS E.eicre c:::nstr-..;c:cn 95 ~/., At:er :::ns~C'jC:1 89 ., ,~ ( '-! VlIl. REGULATORY STATUS Is :he site subje<=: ::: a locally approved erosion/sediment c:::ntrcl plan ? [l Yes 0 No It yes, name of local agency I C r I , T, Y I 0 rF I ,C I A I M I PI 8, b L Uti I I I I I , I I I I I I IX. CERT1FICATION I certify under pena~y of law that this COOlment and all attachments were prepared under my direc~ion and supervisicn in accordance wrth a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons direc:ly responsible for ga.thering the information, the information. submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. In addition, I certify that the provisions of the 'permit, including the development an9 implementation of a Storm Water Pollution Preventi'.Jn Plan and a Monitoring Program Plan, will be complied with. 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' ~- ~~.-~ ,/ /,-/" ~'" - ' I'~"''''''.~' ,1':"--<::'-2'"'" ',==---===-~ 12~' 'I'~"" - / :-- '''~~~'''' {:;:. \'/~" :,~. :;;; :2~ - Ca~C(lan?"l ~_ -:-: -: : -\ -, ~":.j I :~. ._-;;:;;,;-?,\~ '" -.'. -:;~;- . """~"..~' ".-C:'\~ \.J. ':\ f\ '. i 1 Gelf C!u~'~ :;; I -,: : '\ : c" \ \ I ~7 / :', i~ . I' :"--' ,,'.. '\. .', --;-, \.- .;;:.;~.~ ,\::.:= H II \ . l" I~' :::t __' . I ...... - I I . \ . , ~ --;-- :-:." . .'. " _ .....~~.. \\ \ .::'.-:.. I \ ~~ I \....::..~, '..=..' -=---=-' ~ - /~~ -. '.-........ \. '... .--~ J*', '-', - - ,. '\ \. \, ,\ J - \ " . -- \ / ... - .. \ '. --- _, """, '. ~~'_,'\ 0'--" 'LANE: 1.- .......---. ,/ / ~ >. '-.' ',,~/, -:-;;';, -~....., -d,..~_;.;;~-1~"'-~<.;"" ".1' ~,:RANHAM .!_"'!..:..~......--- ,=' -=- .. --'l _:~:~ ~ '. -=.='-'-. ',:," 1 ; S~3 'c., (LOS G..: TOSI sgS - - , .. ''-. ;-:;S 2.:" ".~/. ~~ 1135a If! N'N CRI../Z ~2 "~/. J , Sc;.t..E 1:24000 o .V!L:: j + \~ ~c:o o [COO 2C-::) J~ "ceo :':co EC:O 7cca r::::T ;':;L0MC:7::?' CONTOUR INTERVAL 5 F::::::T NATIONAL GE:OO::"'IC VE,~IICA!.. OAIU'~ OF 1929 CUAORANGLE LCc.;.T1C:. Ti-iIS MAP rnM;::ll !r=-<::; WITH :-J.:...TrONAL MA? AC:URACY STANDAR.DS o~'C"'.1t ~:~,(>~. 10.. O('f\ ... ~ ., - ...., " . .. . ~ ... 1-.('> ,... 0RCH,\\l\') CITY OF CAMPBELL Public Works Department August 12, 1999 Ken Neumeister Huettig & Schromm, Inc. 900 Welch Road, Suite 10 Palo Alto, CA 94303-0854 Re: City of San Jose Encroachment Permit Traffic Signals, Lighting - McGlincey Lane, Union Avenue - Dear Mr. Neumeister: We are enclosing a copy of the Revocable Encroachment Permit, No. 3-14094RU, dated August 5, 1999, issued by the City of San Jose, Department of Public Works. We are also enclosing a copy of the plans, Sheet Nos.. 11, 12, 13 and 14, stamped approved by the City of San Jose. Please note that Huettig & Schromm is listed as the contractor and as such, you are required to comply with all of the conditions of the permit. Please call me at (408)866-2163 if you have questions or comments. Very truly yours, (tu~A-~;i~/~~ Cruz S. Gomez ( / Assistant-Engineer ~.' Cc: Randy Westfall, Public Works Inspector Tony Rucker, Signals & Lighting H:\landdev\windrin\!U 21tr (mp) 70 North First Street. Campbell, California 95008-1423 . TEL 408.866.2150 . FAX 408,376.0958 . TDD 408.866.2790 CITY 0.... SAN JOSE, CALIFORNIA UTILITIES SECTION 1661 SENTER ROAD, BUILDING A SAN JOSE, CALIFORNIA 95112 PHONE (408) 998-6090 FAX r:~0~9!2. -;4883-.. ("1,-. ._.1/,.... ....... V '*--~' '~" ;-- f .: -~ DEPARTMENT OF PUBLIC WORKS ENGINEERING SERVICES DIVISION Transmittal .h I "'" 1 ~i;) 'J t) 1.999 P'".c::;. ~ ~ -~.C 'NOAi'('~ --\....~i;~iSTafn'oN To: City of Campbell 70 North First Street Campbell, CA 95008-1423 Date: August 5, 1999 Job Number: Job Name: Union/McGlincey Traffic Signal Attn: Peter Eakland Traffic Engineer Location: Dear Peter: We Are Sending You: o as requested o for your use o for review and comment o for approval X for your files X for signature o attached o under separate cover o via messenger X via mail o via Federal Express o via U,P.S, o other The Following Items: Copies Date No. Description 2 7/30/99 3-14094RU Revocable Encroachment Permit. Remarks: Please sign BOTH copi:;t~ the perm. it and keep <e911~nd the plans. Please return the second signed copy. Thanks.Nv~ '5-/I-~ {'/77 . Copies To: Signed: , nnon, P,E, ociate Civil Engineer For Intcmal Use Only REVOCABLE ENCROACHMENT PERMIT (Utilities Section) Permit No. 3-14094RU Date July 30, 1999 Inspector Hobson DEPARTMENT OF PUBLIC WORKS - ENGINEERING SERVICES DIVISION 1661 Senter Road. Building A. San Jose. CA 95112 (408) 998-6090 FAX (408) 971-4882 PERMITTEE: CONTRACTOR; City of Campbell 70 North First Street Campbell, CA 95008 Huettig-Schromm (408) 322-2121 CONTACT: Peter Eakland (408) 866-2150 I LOCATION OF PROPOSED WORK II REASON FORENCROACHMrnNT I - Intersection of Union Avenue and McGlincey Installation of a traffic signal at the Lane. intersection. Pursuant to Title 13, Chapter 13.36, Section 13.36.020 of the San Jose Municipal Code, permission is granted by the City to encroach in City right-of-way as described above. All work and materials shall be in accordance with approved plans, the current City of San Jose Standard Specifications for Public Works Construction, Standard Plan Details, attached Standard Conditions. and Special Conditions as appropriate. All work in City right-of-way is subject to inspection and approval by the City Engineer. City- approved Traffic Control Plans and/or City-modified details/specifications as attached are considered to be included herein, SPECIAL CONDITIONS: I STANDARD CONDITIONS: (MORE CONDITIONS 0 CONDITIONS ACCEPTED BY: Name at Responsl Ie Party (Prmt or type) Peter B. Eakland Traffic Engineer Date O~(()- rr PUBLIC WORKS - PERMIT APPROVAL: 11~~~dtorkh&~ 18/5-lli II I For In t ern a IUs eOn I y (Circle requirements as appropriate) Fees Paid Comp.Deposit Insurance Cert. Traffic Plan Site Sketch I Project Acceptance I Check No. Check No, OK wi Risk Approved? Submitted? r"'~~' I Manager? Amount Amount $ $ Yes No N/A Yes No Yes No Date Revocal. Encroachment Permit No, 3-14094RU Utilities Section Page 2 Workinl: Hours: 8:15 AM to 4:15 PM - 9:00 AM to 3:00 PM - Monday through Friday, excluding holiday weekends. When working within a signalized intersection. Traffic shall be controlled by City of San Jose Police Officers, Officers shall be scheduled through SJPD Secondary Employment Unit only, five working days in advance, Call (408) 277-4980 I. This permit is valid for one year from date of issuance. Extensions may be granted upon approval by the City. This permit may be terminated upon ten days written notice by the Director of Public Works and may be revoked immediately for noncompliance. Upon expiration, termination, or revocation, the site is to be restored to pre-construction conditions or better per current City standards. This permit or a copy thereof shall be kept at the work site and must be shown to any representative of the City or law enforcement officer on demand. 2. Notify Underground Service Alert (USA) at 1-800-227-2600 two (2) working days prior to beginning any excavation. Provide "USA" with the City permit number. This permit is only valid when the permittee, its agent or contractor obtains -an identification number from "USA" (Government Code Section 4210.1). No excavation may commence before such identification number is obtained. Field marking shall conform with standard color codes and symbols of "USA" specifications. All USA pavement markings shall be removed bv permittee odor to comoletion ofproiect. Sand-blasting is not allowed on City streets or sidewalks. 3. Twenty-four (24) hours in advance of starting, resuming, or changing scheduled work within the City right-of-way, the permittee shall notify: a) City of San Jose - Engineering Services Division - Inspection Phone (408) 998-6090 b) Santa Clara County Transit, if bus-stops will be blocked. Phone (408) 321-7000 c) City of San Jose Communications for any detours and closures. Routine closures (previously authorized by the City) FAX (408) 277-2289 Emergency or urgent closures Phone (408) 277-4311 4. If applicable, install "Tow-Away" or "No Parking, No Stopping" signs at least 24 hours in advance of starting work. The messages on the signs shall include the dates and times of the required prohibition. Approval for the use of these signs must be obtained from the Department of Streets and Parks. Phone (408) 277-5341 5. No tree within the public right-of-way may be removed or trimmed without prior written authorization from the Department of Streets and Parks. Phone (408) 277-4373 6. This site is to be maintained in a safe condition at all times. Attention is directed to Sections 7-1.08, 7-1.09 and 7-1.12 of the City of San Jose Standard Specifications regarding public safety, convenience and responsibility for damage. During construction, all hazardous or inaccessible conditions observed are to be expeditiously remedied by permittee, The Director of Public Works may take action as necessary to remedy any hazardous condition that has been allowed to remain. Permittee will be responsible for all costs for such action. 7. Permittee shall verify all existing locations of City of San Jose nonpressurized underground facilities (storm sewer, sanitary sewer, etc.). If City facilities (electrical, water, storm or sanitary sewer) are accidentally damaged, immediately notify the City Inspector and employ the appropriate licensed contractor to make repairs at no expense to the City. Temporary repairs to damaged facilities shall be made immediately. Final repairs shall be made as soon as possible, but no later than three (3) days from the date of damage. 8. Any existing surface facilities (valve, splice, access boxes or manholes, survey monuments, etc.) within the construction area shall be raised/relocated to the new surface. Coordinate with owner of facility. 9. All construction (including repairs to damaged City facilities) and use of materials must adhere to current City of San Jose Standard Details and Specifications. 10. Permittee is obligated under this permit to maintain and repair all pavement and sidewalk sections in the City's right-of-way Revocc.. Encroachment Permit No, 3-14094RU Utilities Section Page 3 ~ damaged due to the installation of the above described facilities. Concrete sidewalk shall berepaired by removing and replacing the entire section between scoring lines or joints, but not less than a 3' by 3' square. Score to match existing, Aggregate base material may not be reused. II. The City reserves the right to approve and construct municipal improvements over and/or under portions of City right-of-way utilized by permittee. The City reserves the right to do other work on or near the project. Permittee shall cooperate with others and conduct work as to facilitate work by the City or others and prevent delay, additional expense, or hindrance thereto. Permittee shall request from, and exchange with others, drawings, data, and information as necessary to insure proper completion of the project and the work of others. 12. All changes affecting City liability, maintenance, or operation of City facilities must be approved by the City prior to construction. 13. Backfill or plate all excavations at the end of each work day and when the excavation is left unattended. Use countersunk steel plates where subject to vehicular traffic, and 1-1/8" thick (minimum) plywood in pedestrian ways, Secure plywood _and place AC around edges as required for safe and comfortable passage. Place a minimum of two inches (2") of temporary AC on backfill that is open to vehicular traffic and not to be paved immediately. Place not less than I" temporary AC for pedestrian traffic. Contractor shall maintain temporary AC in a dense, smooth condition until the permanent pavement is placed. 14. Trench backfill and street surface restoration shall be in accordance with the 1992 City of San Jose Standard Specifications, Method A, modified as follows: Create a trench "key" by removing at least six inches of existing A.C. beyond each side of the trench either by grinding to a depth of one inch, or by saw-cutting and removing the full depth of A.C. Clean and tack sides of excavation and between courses with a spray application of Type SS-1 emulsion before placing A.C. Apply Chip seal or other surface as necessary to match existing pavement. If street is paved with P.C.c. notify the City as soon as possible. Surface restoration of trench shall be by matching the thickness ofP.C.C. and dowelling into the existing P.C.C. 15. Should the work contemplated in this permit interfere with the established drainage, the permittee shall make ample provisions to provide for adequate drainage, or as may be directed by the City. 16. Permittee is advised that disposal of dirt and other debris into the public storm drain system is prohibited under the San Jose Municipal Code and under California State Fish & Game Code. 17. The contractor must clean-up and remove all debris from the work area before the end of working hours for each day. No equipment will be allowed to be parked within any traffic lanes or medians after work hours. No stockpiles will be allowed to remain in the public right-of-way after work hours. Any exceptions will require prior authorization from the City. 18. The City of San Jose reserves the right to conduct daily inspections throughout the phases of the project and to access any pertinent permittee records. City inspection of facilities which will require future City maintenance is required. Permittee shall make available to the City any test results affecting City facilities. This inspection shall be conducted by permittee and the City of San Jose. Permittee shall notify City staff when work is completed and shall allow sufficient time for the City to submit to permittee a list of items, if any, that need corrective action. Final acceptance of permit will not take place until all items have been addressed and corrected. TRAFFIC CONTROL REOUIREMENTS: This permit is not valid until a Traffic Control Plan has been submitted for review. Traffic control shall conform to the provisions of Section 12 of the City of San Jose Standard Specifications, and these Standard Conditions, All traffic control shall be coordinated with the City Inspector. Construction shall be organized so as to cause the least possible inconvenience to traffic. Traffic control and detours used shall conform to the principles set forth by the current CAL TRANS "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK lONES". The Contractor shall provide all required signs, barricades, arrow boards, lights, high level flag trees and devices, flagging or reserve police officers. Revocc. Encroachment Penn it No, 3-14094RU Utilities Section Page 4 l. LANE REDUCTIONS (Closures. diversions. narrowinl!. etc.) - Provide electric arrowboard(s) for all lane reductions. - A minimum traffic lane width of twelve (12) feet shall be maintained at all times. - On streets with one traffic lane in each direction, one 14-foot lane shall be maintained for two-way operation. Two flaggers shall be required at all times. - On streets with two or more traffic lanes in each direction, traffic shall be reduced by no more than one lane in each direction. - On one-way streets, traffic shall be reduced by one lane only. - All traffic lane reductions shall be delineated with Type II barricades, 28" traffic cones, or 48" delineators spaced 25' O.C. The tapered transitional length shall be ISO' minimum. - Post "KEEP RIGHT(LEFT)" signs on Type II barricades at the beginning of each lane reducttion. - Post C20 "RIGHT(LEFT) LANE CLOSED AHEAD" sign attached to a high level flag tree ISO' .:t: in advance of lane reductions. 1. Install and maintain C18 "ROAD CONSTRUCTION AHEAD", or C23 "ROAD WORK AHEAD" signs, 7' high, on 4 X A wood posts or a convenient electrolier standard approximately 300' in advance of the work area, 3. During approved working hours, all open excavation areas shall be barricaded with at least two (2) Type III barricades at the end of the excavation that faces oncoming traffic. The longitudinal edge of pavement excavation shall be delineated with Type II barricades spaced 25' O.C. Attach "OPEN TRENCH" signs to barricades 100' O.c. 4. Maintain property access at all times. Where facilities exist, a minimum sidewalk and bikepath width of four feet (4') shall be maintained at all times for safe passage through the work area. At no time shall pedestrians be diverted onto a portion of the street used for vehicular traffic. One (I) 18" X 30" "CROSSWALK CLOSED _ USE OTHER SIDE" sign shall be posted on barricades where an existing crosswalk cannot be maintained. 5. Infonn the public of the traffic conditions existing within the construction area at all times by placement of appropriate warning and advisory signs. Provide and maintain all traffic control and safety items. Pennittee assumes sole and complete responsibility for the job and site conditions during the course of construction, including safety of all persons and property. This requirement shall apply continuously 24 hours/day and shall not be limited to nonnal work hours. 6. Work shall not Occur within two (2) adjacent intersections at the sarne time. INDEMNIFICA TION Pennittee agrees to defend, indemnify and hold harmless the City, its officers and employees, from any and all loss or damage and from any and all liability for any and all loss or damage, and from any and all suits, actions or claims filed or brought by any and all persons because of or arising or resulting from the doing by pennittee of any or all things pennitted by this encroachment penn it, or because of or arising or resulting from any negligent act or omission, active or passive, of pennittee, its agents, employees, or subcontractors. The City agrees to defend, indemnify and hold hannless pennittee, its officers and employees, from any and all loss or damage and from any and all liability for any and all loss or damage, and from any and all suits, actions or claims filed or brought by any and all persons because of or arising or resulting from the doing by the City of any or all things pennitted by this encroachment penn it, or because of or arising or resulting from any negligent act or omission, active or passive, of the City, its agents, employees, or subcontractors. The above indemnification clauses are hereby agreed to be binding upon each public entity, a party hereto, as provideo for in California Government Code Section 895.4. (3-14094)July 30. 1999 CITY OF SAN JOSE, DEPARTMENT OF PUBLIC WORKS, ENGINEERING SERVICES, UTILITIES SECTION TRENCH METHOD A BACKFI LL & SURFACE RESTORATION METHODS (SEE NOTES BELOW) OPTION #1: (SAW cun OR OPTION #2: (1" DEEP GRIND) a) POT HOLES b) MAJOR ST. TRENCHES c) MINOR ST. CROSSINGS d) LATERAL TRENCHES -+ 6" 1- MIN ,. SURFAO AC l'V2"' MEDIUM) TYl't ^ 6' .... MIN +- ,.. MIN +- Co.J~~N.... 6' T-CUT IS REQUIRED, AND CAN BE EITHER: OPTlON #1: FULL DEPTH A.C. REMOVAL OR OPTlON #2: 1" MIN DEEP GRINDING I I ~- _-:.0-_-_-:--... - -, - -' - - -.. - - - - - ~~~':i:;:,~ EXISTING A.C. BACKFILL CONTROlUO OlNSl1Y FlU OR STltUCTURAL IIAOCf1U OR ClASS I. ACCREG\T1 IIo\Sl! PIPE & BEDDING SMIO PfIlMl1TW (T\1'l METHOD B (SEE NOTES BELOw) OPTION #1: (SAW cun OR OPTION #2: (1" DEEP GRIND) LONGITUDINAL TRENCHES ON MINOR STREETS .... M~~ +- "SURMO...c MOO MEDIUM) T'lPE^ MS( .-c - TV!'( ^ (l'4" COAASEI ~-- EXISTING A.C. ---=,11 ---~ 12' CtASS III - - -- - - AGGREGATE BASE - :I~' --? ,= 2'" MIN --=- ~-- +- COM~ON .... -~- - ".. . -, ,":'i~n 6" T-CUT IS REQUIRED,AND CAN BE EITHER: OPTION #1: FULL DEPTH A.C. REMOVAL OR OPTION #2: 1" MIN DEEP GRINDING '" MAA ,- ~ ---:- ~=:JT:~~~:I METHOD C 6" ....' MIN +- CLASS III AGGREGATE BASE => " BACKFILL !J'PttOVEO ,,^TM OR BETTER PIPE & BEDDING SMIO PfRMlTTtD (T\1'l ..,. (T1 r:..: <=> :.,; r-- C'1 C'1 - -1-~ _,_. : -I' . - - - ,~~~' ~~ N NOIES; a) ~ cut full depth of existing AC before excavation (See Option #1 or Option #2). Jackhammering permitted only for emergency repairs, b) Whenever the trench edge is within 6" of the lip of gutter, remO\le and replace the entire depth of AC between the trench wall and the lip of gutter. c) Whenever the trench edge is less than 24. from the lip of gutter, grind a minimum of'" deep from the lip of the gutter to 6" beyond the far trench wall. Place the '" surface AC. d) Maldl existing surface finish (chip-seal, slurry-seal, etc.) after placing final AC lift. 18" MlN ~ ~ ,- '""'i1 -,= FOR USE IN DIRT AREAS OUTSIDE THE PAVED TRAVELLED WAY (LANDSCAPED AREAS, PARK STRIPS, ETC.) 1 BACKFI LL ~ NATM OR IIfTTEIl Cl :::> ,< , PIPE & BEDDING 5AND P!WMITTtll crm :0 , .c. !4: 'e i/ 'lIl - ,- 'to '...., QJ '"0 , ,.c. u ie: ,QJ ie... ,...., ,./ 'lIl , QJ ,- I::: e... 'QJ III ::> ,./ :i...i Of'C"'''t t-\ ~~~ 1- .. '" , - f)R (' H,\ \lQ C CITY OF CAMPBELL Public Works Department June 7, 1999 Ken Neumeister Construction Manager Huettig-Schromm, Inc. 900 WeIch Road, Suite 10 Palo Alto CA 94304 Dear Ken: This letter is in response to the memo sent you by GAB Construction concerning the costs of the signalized intersection on Union Avenue at McGlincey Lane. I hope that my comments clear up all of the issues involved in the funding of the signal. All comments are on the Synchronex quote; no comments on the Tesco quote. Overall: Synchronex should provide an itemized breakdown of items so that the cost estimates can be more easily reviewed. Vantage Plus Video Vehicle Detection System. The City recently received a bid for approx, $20,500 two months ago from Synchronex for a 4-camera system, including cameras. The City did, however, provide cables. A three camera system should be approximately $3,000 less ($2,000 for processing unit and $1,000 for camera and accessories). Prices can change but I would think that $18,000 would be a reasonable estimate, which is $7,000 less than what was bid. Also, it is important to be clear about the level of support that is to be provided by the dealer during installation. Synchronex at no charge should provide placement of cameras and setting up of detection zones. This is a specialized task for which the dealer should be responsible, The contractor should decide what additional level of support is required, but certainly there is no need for training, which was specified in the bid. Admittedly, there was some ambiguity in the specs that were provided. They stated that "An Odetics Vantage Plus Video Processor Unit configured to accommodate 4 cameras shall be furnished and installed in the controller cabinet on the upper shelf." This statement was made primarily to ensure that the contractor understood that we were not looking for Vantage One units, which only serve one approach. We have since learned that for a 3-camera system installed with the Vantage Plus unit that only three VRP units have to be installed. The spec should be modified as follows: "An Odetics Vantage Plus Video Processor Unit shall be furnished and installed in the controller cabinet on the upper shelf and shall be configured with two (2) VSP and three (3) VRP units for receiving and processing video inputs from three cameras," The video vehicle detection system replaces in-pavement loops that would otherwise have to be provided, At the onset of the project, the intention of the City was that it would acquire certain equipment to ensure that it obtained equipment compatible with existing systems, The intent was that the City would only bear the cost of equipment that was beyond what normally would be provided at a 70 North First Street. Campbell, California 95008-1423 . TEL 408.866.2150 . FAX 408376,0958 . IDD 408.866.2790 Mr. Ken Neumeister June 7, 1999 Page 2 signalized intersection. For example, in-street loops would have to be provided if there were not a video vehicle detection system; and, therefore, the City would bear costs only if a system were specified that was significantly above the cost of in-pavement loops. Analyses of other signal installations or pavement resurfacing projects has indicated that video vehicle detections are less costly than replacing existing loops. For this intersection, a minimum of 16 loops would have had to be installed, at a cost of approximately $1,000 per loop if all cabling and installation costs are included. This does not include cost savings for traffic control. Thus, it can be seen that the costs would be virtually the same as the installation of a 3-camera video vehicle detection system. P Cabinet. The P cabinet specs, of course, is an integral part of the signal operation and should be included in the base price of the project. The specs are correct, as written, The Econolite controller cost should be itemized to ensure that the mark-up of the dealer is reasonable, If purchased directly from Econolite, the cost would be approximately $2,300, The EMTRAC system should be deleted, Originally, the City was interested in provided a spread spectrum radio system for interconnecting the signal to the two Campbell signals to the north, but it should have been removed from the specs. We do not intend to pursue the installation of the equipment at this time. Savings because of this selection should be approximately $8,000. In summary, our review of the proposal from Synchronex indicates that it should be approximately $15,000 less based on revised specs, This is an estimate and may not be the exact amount. The equipment to be purchased at the modified cost of approximately $32,000 are an integral part of a traffic signal and should be funded by the developer. Please let me know if GAB is unable to achieve savings of a magnitude similar to what we have estimated and we would be glad to assist them to the extent possible, Peter Eakland Traffic Engineer cc: Bill Helms, Kirk Heinrichs PHASING PLAN FOR CAMPBELL TECHNOLOGY PARK OWNER - DEVELOPER: WTA-CAMPBELLTECHNOLOGY PARK, LLC CONTRACTOR: H & S (HUETTIG & SCHROMM, INC.) 900 WELCH RD, SUITE 10 PALO ALTO, CA 94304 PHASE ONE & TWO PHASE ONE TO BEGIN AS SOON AS PERlVIITS ARE RELEASED +/- l\IARCH -APRIL 1999 PHASE TWO EXPECTED TO BEGIN +/- APRIL -lVIA Y 1999 DATE: February 16, 1999 CAMPBELL TECHNOLOGY PARK I I '\ I ..... I I +- LANDSCAPED I PAR COURSE I I ~ '?' ~ -<- c, " -<- I ! / CITY OF CAMPBELL PARK ----------------- PHASE ONE STREET IMPROVEMENTS INCLUDES: I.) NEW PUBLIC STREET AND ASSOCIATED UNDERGROUND UTILITIES (STORM DRAINAGE, SEWER~ WATER, LIGHTING & PG&E JOINT TRENCH). 2.) TRAFFIC IMPROVEMENTS NOT SHOWN A) TRAFFIC SIGNAL AT UNION & McGLlNCEY, B) RECONFIGURE INTERSECTION AT CURTNER & McGLlNCEY. 3.) INSTALL ALL STREET LANDSCAPING 4.) INSTALL LANDSCAPING AND PROJECT MONUMENT SIGNS AT PROJECT ENTRANCE AT CORNER OF McGLlNCEY AND CAMPBELL TECHNOLOGY PARKWAY. 5.) INSTALL PRIVATE PROPERTY IMPROVEMENTS TO CONFORM WITH PUBLIC IMPROVEMENTS ALONG PROJECT ENTRANCE. ENTRY PROJECT LANDSCAPE & SIGN AREA INCLUDES: I.) CLEAR & GRUB (GRIND & SAVE EXISTING ASPHALT FOR REUSE). 2.) ROUGH GRADE ENTIRE SITE 3.) INSTALL BUILDING PADS 4.) INSTALL ON-SITE DRAINAGE SYSTEM THROUGHOUT SITE (EXECPT AT FUTURE TRUCK DOCK AND LANDSCAPE AREAS). ....NOTE : MAIN STORM DRAIN LINE AND SANITARY LINE WILL NEED TO BE INSTALLED PRIOR TO INSTALLATION OF THE REMAINING SITE RAINAGE SYSTEM. 5.) INSTALL STORM WATER POLLUTION PREVENTION PLAN MEASURES. CAMPBELL TECHNOLOGY PAR K I f I '\ '?' ~ -<- c, " -<- --~ NOT A PART OF CAMPBELl TECHNOlOGY PARK -- / PBELL PARK PHASE ON GRADING PUBLIC DEDICATED LANDSCAPING - MAINTENANCE BY CTP (BOTH SIDES OF STREET) ENTRY PROJECT LANDSCAPE & SIGN AREA PHASE ONE ON-SITE MAIN STORM DRAIN ex SEWER LINES '\ " ~ 't" ~ ~ c, , I I CITY OF CAMPBELL PARK I !~:_) I '''''' ",/ PUlLlC DEDICATED LANDSCAPING _ MAINTENANCE BY CTP (BOTH SIDES OF STREED CAMPBELL TECHNOLOGY PARK STREET~ ~ \,.~ ~, ~c. \,.' <:." ~ ~ /,/ C, // , / ,-1 ~ I/~'/ // j< ,/ ., /,/ ~ ,/ ,,~~ )/ /' "~ / //" , , , . ',' -'1l, " " .' , , ~ "'--~ '" , f/' ~/\j;'~' ,/::/<;:< E I:' ../ ",,,,,; JI' p " " / M 1/ I " //'//A 1/ ('I '&" //,.v' / /~ c ,/ ); ~,~// >'-</ 1/' I/~~_~~~~~_.;"-"-~/~/~/ I I U L.:-J LIe I \ / STR\il!T L _':.--==--..:-_-.:::::.--- PHASE TWO SHELL & SITE CONSTRUCTION FOR BUILDING C INCLUDES; I.) BUILDING SHELL AND 100% OF LANSCAPING, CURBS a. PAVING. NOTE: REQUIRED TREES. AS PER GENERAL CONDITIONS OF APPROVAL SHALL BE INSTALLED CONSISTENT WITH THE OVERALL PERCENTAGE OF SITE DEVELOPED. 2.) INSTALLED DESIGN-BUILD SITE LIGHTING ON LOT THREE/BLDG. C AND ALONG ACCESS DRIVES. .3.) ACCESS DRIVEWAYS TO BE PAVED ONLY (NO LANDSCAPING OR CONCRETE CURBS). 4.) MONUMENT SIGN AREA WITH LANDSCAPING WITHIN ADJACENT AREA. 5.) ALL ON-SITE FENCING TO BE INSTALLED AS PART OF BUILDING SHELL WORK. SEE FENCING PLAN. NOTE: REMAINING SITE ROUGH GRADED WITH PADS FOR BUILDING A, B a. D. MAIN AUTO ACCESS TO BUILDING C: ASPHAL T PAVING ONLY (NO CURBS OR LANDSCAPING) " LANDSCAPED PAR COURSE ! AUTO a. TRUCKING ACCESS TO BUILDING C: ASPHALT PAVING ONLY (NO COURBS OR LANDSCAPING) I I~:;T~ CAMPBEll. I TECHNOlOGY PARK I '''''' /'" CITY OF CAMPBELL PARK ----------------- PUBLIC DEDICATED LANDSCAPING - MAINTENANCE BY CTP (BOTH SIDES OF STREET) CAMPBELL TECHNOLOGY PARK STREET -{ (,~ ,~ c," ~<:. ~~ ,,~ Mar-22-99 09:09A HI HlJfTTK-; ,'\, S(:lI~OMM, INC M,lfl.:h 19. 19lJY Cily ~lC Camphdl Publj~ W~lrk~ 70 N\)rth FIr.,t Stn~~{ C.llllphell. CA 0500S-I4.23 ^ttn.. Harold Hl1llSlt:y J{~: UtililY CO\.lflJinalion Plall~ - Statu, . Campbdl l\:t:hnology Park Juh # 96.nR8 Dear Haf\.11d: The .:urrent pl.1ns ,uhlllitled coordmate the available utllit)' plans Ih<1l we h.lve received to date and include the pmposed and existing: . City Slorm Dr\lin line' . Sanitary Sewer lines . San Jose W\lt~r Line' . PG&F l':'\i'ling gas line and pok l(Jc~uillll" ,,~ ~., We have not y t r~("~i"ed the pmp\.N:d P(i&b ~lt'-=L & gas) substructure plans. H&S/WT^ had Iml1al<:d a2\{ue,\cd Ihe.,e plan, tl) be dUlIJ:yPCi&F. in .111m' of IIJYlS. ^, or lhi, dall: r alllkd to beli~ve that they ale dose to bt!mg l."ompleted. hopehllly by +/- April 5'10 These plane; will also n~ed to he rouled In P;J(;lfic Dell and TCl We are planning to rllordlnal~: Ihe t:lHJI.lrllclion \l.llndmlt' the PG&b JOlm trt'IKh work ~llll1ill i\ rllfd~ into l)lIr ~lllll:r work. We are making every effort to C'\Pl:dHC lhi~ illfl.1rltlalioll. We will :llso h.lvl,; HMH in<<.:orpm.lte it into the existmg utility coordinallon plam.. ;~. 'n~ do not h.,it". '" c,,1I m. ~~ A. N,.um?f, Project Manager- Archlt~~.t (c: 1:.Hl K.M -HMH HCTf'C1ry~ 900 Welch kond. ~JIJltc 10 . Polo ^Irc), CUhr()II1IU 94304 . 16.'101 J?) ) 121 · rox (MO) '3LL,)O'l.9 ',rol" (0111,00:10," l'~G""C NUf1Iv.." I "l')(J()(J P.02 CAMPBELLTECHNOLOGYPAk~ CTPtitle DOCUMENT SUMMARY FOR SUBMISSION WITH PARCEL MAP 3/16/99 9: 18 Released from Alliance Signed & Wayne M . Alliance Title, Completed Title for To Owners for Ready to Item Haroid Housley. Campbell, by HMH Signature Signature Record No. CC: Dave Tully - HMH City Aareements with WT A TO BE REVISED PER WTA LEGAL 1 WT A -CTP LLC executed Landscape Maintenance Agreement x x 2 WT A -CTP LLC executed Street Improvement Agreement -I- I I Private Street! Access to be Abandoned - QuitClaim x x x X 3 From Zanardi to Marrone x x x x 4 From '''Henry Petersen to Zanardi x x x x 5 From'" John Petersen to Zanardi x x x Hold 6 From SCYWD to Petersen Note: SCVWD to forward documents x x x Hold 7 From SCYWD to WTA to City after Board approval. Parcel map to x x x x 8 From WTA to SCYWD for roadway be on hold to record until Board approval x x x x 9 From WT A to SCVWD for I & E x x x HH 10 From City of Campbell to SCVWD I Storm Drain & Emernencv Vehicle Acces Easement x Revised by City x x 11 Paseo de Palomas I I Grant Deed for Public Street x x x Hold 12 SCVWD x x x x 13 John Petersen x x x x 14 Henry Petersen x x x x 15 Zanardi x x x x 16 WT A-CTP Easement for Drivewav & Maintenance aareement Doc _ by Gerimino WTA & Marrone (only one document needed) x Law office x x 17 x x x x 18 WT A to Zanardi Others ..' , 19 CTP CC&Rs I waiting for status PG&E is in the process to QuitClaim/abandon existing easjment - 7648 OR 345 X )<. 40 Pacific Bell vault easement I I Request Made Received Documents needed Bv Citv but not to be Recorded x x 20 Zanardi Lender release x x 21 WT A Lender release I I x x 22 "'Copv of Ida R. Petersen Trust to confirm John & Henry as co-trustees note: no lender for Petersen I x X 23 Planning Clearance Letter x x 24 Fire Clearance Letter x x 25 SCYWD Clearance Letter x x 26 WVSD easement approval Letter _. x x 27 PG&E easement approval letter .-- x x 28 SJWC easement approval letter new letter x requested 29 Pacific Bell easement approval letter -._~._- x x ~o TCI easement approval letter -- 1----___ -- --- - x x 31 County Tax Collector Subdivision Security Statement x x 32 Subdivision Guarantee from Alliance Title x x 33 Workmans Comp.lnsurance Sheets - x x 34 Labor-Material & Performance Bonds I x x 35 Storm Drain fees I --- -- 1---------- x x 36 Inspection Deposit____ f------~--- x x 37 Emergency Construction Deposit f------- 1------- X x 38 Monumentation De~__-t:: 1------------- I __ --- '--- ---- ----~--~------- PG&E not expected to complete until Utilitv Coordination Plan +/- 3/22 ? NEED TO WRITE LETTER 39 -O~ 0llJ~ -h, ttaJ\J..R ~ ?J/1~/9!3 JJdt'4rf1eNk 01J€f\+b -HM.&Uft~lD~ ~AO/99 t{,~:.;; ~/7c/d'_. CAMPBELL TECHNOLOGY PARK CTPtitle DOCUMENT SUMMARY FOR SUBMISSION WITH PARCEL MAP 3110/9910:28 ,- Released from Alliance Signed & Wayne M - Alliance Title, Completed . Title for To Owners for Ready to Item Harold Housley. Campbell, by HMH Signature Signature Record No. CC: Dave Tully. HMH City Aareements with WT A /c77J4 ? ,-- ~ /" ./. TO BE //Jf".:; j9,:11- rtn7 77) >:!fJ t (,> ) -I 'h ,,/.:? ~;/ ..-J /' REVISED PER "" WTALEGAL 1 WT A -CTP LLC executed Landscape Maintenance Agreement x x 2 WTA -CTP LLC executed Street Improvement Agreement 1 I I I Private Street! Access to be Abandoned - QuitClaim x x x X 3 From Zanardi to Marrone x x x x 4 From '''Henry Petersen to Zanardi x x x x 5 From'" John Petersen to Zanardi x x x Hold 6 From SCVWD to Petersen Note: SCVWD to forward documents x x x Hold 7 From SCVWD to WTA I to City after Board approvaL Parcel map to X X X x 8 From WTA to SCVWD for roadway be on hold to record until Board approval x x x x 9 From WTA to SCVWD for I & E x x x HH 10 From City of Campbell to SCVWD I IStorm Drain & Emeraencv Vehicle Acces Easement x Revised by City x X 11 Paseo de Palomas Grant Deed for Public Street x x x Hold 12 SCVWD x x x x 13 John Petersen x x x x 14 Henry Petersen x x x x 15 Zanardi x x x x 16 WT A-CTP Easement for Driveway & Maintenance aareement Doc, by Gerimino X Law office X x 17 WTA & Marrone (only one document needed) x x x x 18 WT A to Zanardi Others -' , 19 CTP CC&Rs I waitin~ for status PG&E is in the process to QuitClaim/abandon existing easement - 7648 OR 345 40 Pacijic Bell vault.easement II '1 I\. "7'.n:r#Jr.A7 ~ ci'#T/7 I Request DOCUm~eeded By City but not to be Recorded Made Received x x 20 Zanardi Lender release 1 x I x 21 WTA Lender release I x x 22 '''Copv of Ida R. Petersen Trust to confirm John & Henry as co-trustees note: no lender for Petersen I x X 23 Planning Clearance Letter SENT EVAE TO x FIRE DEPT 24 Fire Clearance Letter , 1// x Hold? .J25 SCVWD Clearance Letter . /.// .n ~/ r/ ~/ //~ 4/? I~./ /ATk .h , x x 26 WVSD easement approval Letter , x I 27 PG&E easement aDprovalletter ~, -: IYp/J/ 5a;/J x x 28 SJWC easement approval letter '. / x ? 29 Pacific Bell easement approval letter /' Z<: .r ... eZ-- ~, x x 30 TCI easement approval letter I , ",. I x x 31 County Tax Collector Subdivision Security Statement x 3/2? 32 Subdivision Guarantee from Alliance Title x x 33 Workmans Comp.lnsurance Sheets x x 34 Labor-Material & Performance Bonds x x 35 Storm Drain fees Inspection Deposit '-- _. x x 36 -- x x 37 Emergency Construction Deposit '-. x x 38 Monumentation Deposit --- 1 I r--"'-~ -- --.-- -, '- --~--- .. .----..-- PG&E not expected to complete until +/. 3/22 ? NEED TO WRITE LETTER 39 Utility Coordination Plan ,#/ '8J7t!',w1 Released from \ Alliance Signed Be Completed Title for To Owners for Ready to by HMH Signature Signature Record I _Waiting for City reVISIons X X Zanardi sick need to X X resched. X X X I X X X X X X X X Hold X X X Hold X X X x X X X x X X X HH Documents needed Bv Cltv but not to be Recorded ;~ ~;:r~~~~~~~~,~~~ .~-+~__._ "___~___~-==~~ 22 '''Copy of Ida R. Petersen Trust to confirm John ~ Henry as co-trustees~_..~_ .. note: no lender for Petersen --~ ~==t==--I----------- ___}_+;~3 ~!~n~I~~~~:~a~ec;e;ett~r ==--==r~_rm.~~- ,--- Hold? 25 - - OI'1Snd ' -"'-~.. -~~-~_.__.,.._- : ':~ ~,,,,,1.rCi""'.-,--- - 1.- :~~n..~g~8"-~ X -x",.. 28 -.' _.._ .. . ~ I' .....J X rT,,\: 29 Pacific Bell easement approval letter ~ -' I I' ~ = x'~ 30 TCI easemenLalljtter F- .--- ~-'l-- .____ X X 31 1.11..:reuwrlector Subdivision Security~tatement ._______ .: _ __ ~? : WO"""a", CompJ"'"""'''' s~-..::~ =-_ .. . =_: -m~~~ !<___ _ X 34 Labor-Material & Perfo~!T1an.c~~~s~_ _~ ____. ___~__+ _ __ ____ x-- - X 35 Storm Drain fees "~'-------l---- --~-----~--,. .~---- ----.-.- -- ----- --X--- ~'x--~ InspectiOnDeposit____--L--:_~ __m_:__~~__=----- ____ ._~___m____~ ----~d=-~ 37 Emergency_ Construc~Qrl Q~2~SI~__ - -- ---- - -- ""'" - -.;;.";,,~,,.~ ::;-.;", :.' - .~I ;~:::: - - - - - . =.---. X Revised by City x X X X X X X X X X X X X X X X X X Doc, by Gerimino Law office X X _X X ~waiting for status Request Made X X X X ---.--- X X need letter first 11 i Received I X X X r I f "'rA,(~t?~isq I U~~# -to Mic ~Jl,[Q; rJ ff'W'rn CAMPBELL TECHNOLOGY PARK \ DOCUMENT SUMMARY FOR SUBMISSION WITH PARCEL MAP ~~.~ VI 3/~/9y CTPtitle 3/2199 11 :09 /- ~tu~ ;:~i<., ~~\ll V'\v, / .'1. 7 '{I'" 2 n I due Wayne M - Alliance Title. Harold Housley - Campbell. CC: Dave Tully - HMH Item I-No. Citv Aareements with WT A '~ ~~ -hi ~~ jpn~~ ...."" "UL " ' , , WTA -CTP LLC executed Street Improvement Aqreement I I Private Street! Access to be Abandoned - QuitClaim " .0;, 3 I 4 From ***Henrv Petersen to Zanardi ~From"'JOhn Petersen to Zanardi 6 n 7 8 From WT A to SCVWD for roadway 9 From WTA to SCVWD for 1& E 10 From City of Camobell to SCVWD T I Storm Drain & Emerc encv Vehicle Acces Easement Note: SCVWD to forward documents to City after Board approval. Parcel map to be on hold to record until Board approval s Hold X X X X ~ Grant Deed for Public Street ~ 13 John Petersen 14 Henrv Petersen 15 Zanardi 16 WT A-CTP Easement for Drivewav & Maintenance aareement X X 17 WTA & Marrone (only one document needed) 18 WTA to Zanardi Others 19~ !~ 'OR 345 '\ -24-99 03:41P " P.02 CTPIiI'" 2/"2.1/',JY '1~1l I , I 1 WTA .CTP llC executed Landscape Malnll~n;JnCR AgreRmp.nt 2 INTA -CTP LlC executed Slrllellmprovement Agreement T I I' I iPriYllte Street! Access to be Abandoned - QuitClaim 3 From ZanardrlO Marrone 4 From '''Henry Petersen to lanardr ~ FrOIT'''' John Petersen to Z!lndrdi 6 'From SCVWD to Petersen Nor'!: SCVWO 10 rOl'W3'd U(Wu(JI~'fll:; H<>I;J'ct!1 map 'f1 r ._~ 1 ~~~~~::~ ~~~~g':~~;o~a~ay I _ H _ i~ on.no~t~ reC~d U~I Board IQP~.' I,' 1011 From City of fampbell 1~ SCVWD I_ .. "-ri --- __ r I , I i I I J:- Storm Drllin & EmerqencY V'thi~le Acc:es Iflsement. I 11 Pasco de Palomas Ii' ,,:-~cW:o-- -Gr.on'_f"'PUbI;~_ Ii : l( 13 ,John Patorson I x 14 )Henry Petersen I .-_--L x 15 IZantlrdi +-- 1 I 16 IWTA-CTP i ;- --r-'-'-'- i liasement for Driveway & Maintenance aareement , I I ! I 17 +INTA & Marrone (only one document needed) I II ll8 ,WTA III und,d. I j' ! I I ----r- ._q-I _____ 19 CTP CC&Rs IOthers _L__. . _. . j _ . I waltin9 for_stlltus I PG&E I~ III tlllt r()(;~ss to QUllCldirn/Cllldndon l!xlslin e<lsernent _ 7648 OR 345 , ReQueii~ Mad" I --...1--- __ I R......d I"om 1""'- Completed TIll. tor Ily HI\IH SlgnalUr. , ... ~ I i I /Slgn.cl , 'to Own... 'Of IIl_yto I Slgn.cur. '/I.coro x I I I I 1~ 1_-:- - -1 : -.:) :.. _..: I I I I"'.-~r J x .-J-_.-~-- ~ I X : I ; ., x l( x x x ____2-~ )( x x )( A )( l( l( x )( x )( -.--------1.-- -, -) (.Joe_ Dy GCrUfllIlO Law O"lce HOfoJ CAMPBELL TECHNOLOGY PARK - TOOCUMENT SUMMARY FOR SUBMISSION WITH PARCEL MAP 1 ._-~-! ~r I Item I No. I i i I - , , 'City A!:Ireements with WTA w.y.... M. AJII.nClt Tme. Hmol" H<lU$ley . Campbell, CC: O~." T..Uy . IIMH )( x x 20 21 22 l( -, 23 x ., 24 x 25 X )( 26 X 27 x X 28 X 29 x X 30 X 31 X 32 X ~i )( 34 X 35 X 36 l( 37 X 3B J!J ! Documents needed By City but not to be Recorded lanardl lender release ! : iWTA lenderrelease I; I fmcOpy ot Ida R. Petersen Trust to confirm John & Henry as co-trustees I ()()tP. no I."'d!!r for Pel~r~() , I I I I,Plannlng Clearance Letter F Ire Clearance Letter I 'SCVWD Clearance Letter I I I I WVSD easement approval Lottor : PG&E easement approval letter ISJWC easement approval letter :Pacifrc Bel' easement approvallotter ITCI easement approvallotter I I I I I County Tax Colloctor SubdiVISion Security Statement SubdiVision Guarantee from Alliance Title I ! I I I ' [Workman!: Comp_ln!'OLJr~ncp. ShQQT!: I'laoor-Matellal & Performance Bonds · i /' : Storm Drain feos !Inspcction Deposit i Emergency Constr\lction D~posit i Monumllnlation dQPoslt I i I 'Unll Coordlnanon Plan I Feb-24-99 03:41P P.Ol HS HlJrTIlC,~ ~)CH)(OMM, INC F A X TRANSMITTAL DATE: a /~4/99 TO: ]2~Sll Wl. - Al\~.'V\(t T+k ~ Ito~! r;73-38/o S/ "377--o'Z-'lf -Htv\bt~ ~. CAitJ Df Ca.Mfb(l( . (4bg) ~i~'-095g SEND TOFAX#: f)Mle TL-\.Il~ -f1MH - (40&,1 4~7~Z2.2.7 # OF PGS: ~ INCLUDING TH~ COVER SHEET SENT BY: HUErrlG & SCHROMM, tNe. KEN NEUMEISTER CONSTRJ CTION PROJECT MANAGE~ & ARCHITECT 900 W f: G l.i R c: A O. S U : T f r.) PAL C' "';, TO. C ,\ <?.:1 .J C.d (650) J ;: 2,:: 1 2 i COMMENTS: ~H(t+us PROJECT: _(l(itMpf~/( Jicl fc,!)fL cif'1)t~( Wll';fs FAX # (650) 322-5029 xe.uiew --t=;; See_ i f ' ~e,('e. ~i.., V'IIlS'S\'f\ . we. VV\~ Ake- Al\t4lV\ce 'T+Ce l'~ \~('.p,~~w e",J ;(\.C} ~ej {n.~~~r c.a-j ~/At-,:hMe 0(.... RecO(~t{t\~ , .. r ~.jll.A.ClI V1'IIf\J~~_S Cu e,..~-h'rr~ II r f,~j r bJ 7-/'1."/9:;. /'.- Original Will Not Follow Original Will FOllow by: Hand Delivery Regular Mail Other: _ 900 W~k:h Rood, S'-II,: 10 . Polo Alto, Cal,~rJrrl1u (;4304 . 1650) 322,2121 . F'JX (6)01 J22,)02(; Slutf"; C~)11Trn'-h-)r~~ I ;(~~I"'\~~p. NIJmr..~r 1 790()1l 24-99 03:41P Complllted llyHNH IR......d I,,.om I AIlIence TllI. for SlgnalUr. I I ISlq"ecl& To OW"... for ,.....,y to I S191lMUr. ...cord II I l( I I II I ;( X ~ X .__2..._ II I II X x I x HQlIJ ;).1T-r1 - i ll, I . ll' i Flev'8lId t1y lit)' i I :-t'-'-~'_. r- : i X j X I X i X I ._----~._-- I i I I. _! "'" ICAMPBELL TECHNOLOGY PARK , itiOCUMENT SUMMARY FOR SUBMISSION WmfPAACEL MAP ! . ...-----r. ] . I I ! I I I I i I i Icnv A!lr~nts wfth WTA I P.02 CTPr;r1fo 2/':l1Iw '~:~1I No. ! W.Y'" M . AlIIIlllCl! rml!. H,,,ol<l Housley. Campbell, CC; O;'l.~ T"UV - IIMIo4 ; Item i 1 2 WTA .CTP LLC llXllcuted Landscape MaintllflanCA Agr99mp.nt WTA -CTP LLC 9XllCUT9d StrQ8t Improvllmant Agrg8l118ni-TI I I : !PriY8h1 Strfttl Access to b. AbllJldomld - QuitCl.im From Zanardi TO Marrone From '''Henry Petersen to Zanardl FrQITl."JQhn Peter:;en to Zl;Inttru; !From SCVWO to Petersen ,From SCVWD tQ WTA I t . --. ..-.......-.--..-----...- -....- : From WT A To SCVWD for roadway 'From WTA to SCVWD for I & E ! From City of Campbell to SCVWD ! I I 3 4 5 /' r Iv' iil(.ld iler -7 ;J/'tc.. / G 7 r'" : 8 9 10 Norf!: SCVWO to T()fWll'" Uc.t("uftl(:nls 10 City an", Bnard appr"""1. <J;l'a.1 map In be on nold 10 reco'd until 80artl .oproval "-f:~ .... ....=:t=- A , i . ._._ t~-ta~oo. d~ pal;:. D "old ~~CVWD J( 13 John Patorson x f 4 : Henry Petersen II , 5 'ZalltlrUI 16 WTA-CTP I I -1-...-. x X ./ 7 ,} lJQC. Dy Gerlt.IUIU l.aw onlCe 19 waiting for sttttus.-----t- ReQueii-r Made ; x x 20 X 21 x 22 l( 7 , 23 x ., 24 II 25 X x 26 x 27 l( x 28 l( 29 l( x 30 x 31 l( 32 II ~i x 34 x 35 x 36 l( 37 II 3ij ~!) -r-- I I "j I , I I inem.nt for Driveway & Maint8n8f1ce lIGnJtm1.nt ! i I 17 JWTA & Marrone (only one document needed) I I ! 18 iWTA ICl Za"..,di i II I , I I I~! I--'r '---il CTPCC&RSL__.L__. _ _ . j. ~ ' PG&E i~ in thlt rocl1:;s tv QUltCldllnlabdndoll exiSlin easement - 7648 OR 345 ,Documents needed Bv City but not to be Recorded ,Zanardl Lender release [I ; i IWTA Lender release ; I [mcopy ot Ida R. Petersen Trust to confirm John & Henry as co-trustees r nolp. 110 I..lld~r for Pell'!'~" I I I I Planning Clearance Letter iFlre Clearance Letter I iSCVWD Clearance Letter ; I I i WVSD easement approval Lottor I PG&E easement appTovalletter i SJWC easement approval letter I Pacific Bell easement approval loner ,TCI easement approvallettcr I t I I I 'I 'County Tax Colloctor SubdiVision Secunty STatement Subdtvlsion Guarantee from Alliance Title I I I I [Workman!: ComplnSllr~nCp. Shl'l9TSI ILaltor-Matenal & Pelformance Bonds ! I I r Storm Drain feos I ! Inspection Deposit I ! Emergency Constr\lction' Deposit i MOllulmmt~Tion dgpoSIt I : I ! rUlIl1 Coordl~allon Plan I F>nti/ HJrcC' / #P~ p ('l "t't -I c- Moiler -- IfJyec-~ .o~'CA.-4.o f,..~~' . ~t<' ... ~ U t'"" . . . ,), "- 1- - .... .<> , '. o~ C H,\ \lX> (, CITY OF CAMPBELL Public Works Department February 2, 1999 Mr. Ron Northouse City of San Jose Department of Streets & Traffic 4 N. Second Street, Suite 1000 San Jose, CA 95113 RE: 535 Westchester Drive Proposed Traffic Signal at Union AvenueIMcG1incey Lane Intersection Dear Ron: The City of Campbell is currently reviewing the design plans for a proposed traffic signal at the intersection of Union Avenue and McG1incey Lane. Since some of the traffic signal equipment would be installed within San Jose city limits, we are requesting the City of San Jose's review of the proposed traffic signal design. Weare therefore enclosing two sets of the plans for your review and comment. The traffic signal warrant analysis supporting a traffic signal at this location will be transmitted to you later by Peter Eakland, City of Campbell Traffic Engineer. Please provide your comments by Friday, February 19, 1999. Please call me at 866-2163 if you have any questions. Very truly yours, i~t!0,. / I/J/.~v'Jj17 Cru~~z I ' Assistant Engineer Enclosure j ;\matthewj\unionrnac\l-csj3. doc 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.376.0958 . TDD 408.866.2790 t /. -):;~ Of.C,"-4 (&6:- ~~, '" ., 'okCHi\\1." v CITY OF CAMPBELL Public Works Department February 1, 1999 Ken Neumeister Huettig & Schramm, Inc. 900 Welch Road, Suite 10 Palo Alto, CA 94303-0854 Re: Campbell Technology Park Landscape Maintenance Agreement Dear Ken: Attached is a copy of the Landscape Maintenance Agreement originally sent to you fram Kirk Heinrichs, Redevelopment Manager, on December 16, 1999. Attachment h: \landdev\ windrin\2 _lltr(mp) 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.376.0958 . TOD 408.866.2790 .J /., . ..'....- , HI February 1, 1999 ~E.CEI'JEO fE\\ {} 1 \999 oR~S ~~~~~Sl~Al\ON HUETTIG & SCHROMM, INC City of Campbell Public Works 70 North First Street Campbell, CA 95008-1423 Attn.: Harold Housley Re: Construction Schedule/Status - Campbell Technology Park Job # 96-088 Dear Harold: The following outlines our current plans for the construction of CAMPBELL TECHNOLOGY PARK and the related off-site improvements. This is intended to provide a general overview of our intentions and is subject to constant revisions due to approvals, acquisitions, market forces and the weather. It is our goal to begin construction as soon as it is allowed. Phase-One generally consists of: 1) Site preparation with miscellaneous demolition and tree removal, 2) All required Off-Site improvements including new City storm drain line, W.V.S.D. sewer main, Campbell Technology Parkway street improvements including project signs and landscaping at the Mclincey entrance corner, the traffic improvements at Union & McGlincey and at Curtner and McGlincey, 3) San Jose Water Company water line installation starting at Camden Ave. extending up Cristich Lane and through the new street to McGlincey Lane, 4) Improvements for private property owners along the new street as per pre-dedication agreements with CTP,LLC, including landscaping, connections to new storm drain system, a.c. paving and fencing, 5) Rough grading and drainage including retaining wall of the main project site to include building pads (excluding a.c. paving, concrete curbs and underground utilities for water and P.G. & E. joint trench work). Phase- Two will begin at such time as is considered favorable to market forces and will consist of: 1) Completion of site work Oil lot # 3 including building "C" Shell (approx. 80,696 s.f.), landscaping and necessary paving for access, 2) Installation of the entire site's remaining underground facilities for water service and the P.G.& E. joint trenches (including conduits for PacBell telephone/data and T.C.!. cable), 3) Installation of all property line fencing. PHASE-ONE DEMOLITION . DEMOLITION PERMIT- We have obtained demolition permits on 1/28/99 for the residence at 571 McGlincey Lane and for the miscellaneous sign structures, concrete slabs, footing and fences induding pruning & removal of tress and shrubs on the larger site area. Note: This portion of demolition is not intended to remove the existing AC paving that is presently on +/- 80% of the site. 900 Welch Road, Suite 10 . Palo Alto, California 94304 . (650) 322-2121 . Fax: (650) 322-5029 State Conlroctors license Number 129060 Campbell Technology Park a WTA-.Jevelopment - page 2 . DEMOLITION SCHEDULE: We expect to begin demolition +/- 2/16/99 pending BAAQMD notification acceptance and expect to be substantially complete by +/- 3/1199. OFF-SITE IMPROVEMENTS (Encroachment permit 98-219 & Sanitary Improvements) . PERMIT APPPROV AL is pending parcel map approval and recordation. It is hoped that we can achieve all the necessary requirements by the March 23 deadline for a Council agenda of April 6th, although we will be pushing (SCVWD & Petersen easement sign-off) to try for the March 2nd staff deadline or March 16th Council meeting. . PLAN APPROVALS: Sanitary Improvement Plans are complete and approved by W.V.S.D. pending bonding and permit release. Encroachment permit 98-219 plans are expected to be 100% by +/- 2/16/99 awaiting final City approval. . CONSTRUCTION SCHEDULE: Pending on weather construction will begin within +/- one week of the anticipated parcel map recordation date. Completion of all Off-Site work is expected to take +/- 6-8 months. Note: Portions of the Encroachment permit which are not related to the recordation of the parcel map (storm drain in Paseo de Palomas & traffic improvements) could possibly start construction +/- 3/1/99 if approved by the City. SAN JOSE WATER COMPANY - WATER LINE EXTENTION . PLAN & PROJECT APPROVAL - San Jose Water Company has completed their engineering plans and is expected to provide WTA the approval package by +/- February 3rd. . CONSTRUCTION AND BIDDING SCHEDULE: Pending WT A's approval of the design and construction package we expect that bidding could be complete by +/- March 15th. Note: WTA prefers that the installation be installed into two phases, separating out the on-site system to be installed when lot #3 Building "C" shell is released for construction. Construction is expected to take +/- 3-4 months ending sometime in July. IMPROVEMENTS FOR PRIVATE PROPERTY OWNERS (S.C.V.W.D., Petersen, Zanardi, Marrone) . PLANS & APPROV ALS - The scope of work is still at the conceptual stage. Final designs and approvals with owners are expected to take place once the "Big Hurdles" of beginning the street improvements are accomplished. Design should be able to begin +/- by March 2nd. . CONSTRUCTION - The work will ideally coincide with the construction of the public street improvements. ON-SITE ROUGH GRADING & DRAINAGE . PLANS & PERMIT - Grading and drainage plans should be ready for final plan check review by 2/5/99 and we would expect to have permitted approval by +/- 2120/99. . CONSTRUCTION SCHEDULE: Pending on the weather, construction could begin +/- March 2nd or we may elect to delay the grading start until +/- mid-April. Construction should be substantially complete within +/- 6-8 weeks. Campbell Technology Park a WTA-tJevelopment - page 3 PHASE- TWO BUILDING C - LOT #3 SHELL & SITE IMPROVEMENTS . PLANS & PERMITS - H&S is waiting on Planning Dept. plan check comments hopeful to arrive today. Plans are expected to be ready for final City plan check review by +/_ 2/11/99 and it would be expected that a permit could be available as early as +/- 2/27/99. . CONSTRUCTION SCHEDULE: Construction is dependent on when grading begins and tenant marketing efforts. WTA may elect to begin this shell on speculation. The earliest shell construction (footings/slab) could begin is +/- mid-April or probably as late as +/_ sometime in June. Construction should be substantially complete within +/- 7 months. Note: Tenant Improvements could begin in month +/-5 of shell construction if needed, extending completion for occupancy to +/- 8-9 months. UNDERGOUND SITE UTILITIES (PG&E, PacBell, TCI & WATER) . PLANS & APPROV ALS - San Jose Water Company has completed their engineering plans and is expected to provide WTA the approval package by +/-February 3rd. PG&E are expected to provide substructure plans by +/- February 6th. PacBell and TCI will need +/_ one month to confirm their designs. We will have HMH Civil Engineers produce an on-site utility coordination plan when designs are finalized. . CONSTRUCTION SCHEDULE: Construction is dependent on the construction of Building C shell as noted above, but the work will encompass the services needed for the entire site, four lotslbuildings. The water line is the critical requirement here as it is a Fire Department requirement to have hydrants in place prior to storing any bulk wood as would be required for the roof structure. Construction is expected to need +/- 6-8 weeks. ON-SITE FENCING (Pre-cast "Woodcrete" & Chain-link) . PLANS & APPROVALS - The scope of exact work is still at the conceptual stage. The final design plans are expected to take place once the "Big Hurdles" of beginning the street improvements are accomplished. Design should be able to begin +/- by March 2nd and be submitted for Planning approval by +/- March 13th. . CONSTRUCTION - The work will coincide with the construction of Building C site work prior to other site concrete work so as to facilitate access. ,fAU . Kenneth A. Neumeister Project Manager- Architect /[ . <!A)v~,.J1;~.,. If you should have any questions, cc: EED,HJW Kevin M. - HMH, Linda S. - TSH, Doug W. - Kikuchi Assoc. Kirk H., Tim H., Frank C. - City of Campbell Wayne W. _ SJWC, David P. - PG&E, Jonathan L. - WVSD, Jamie V.B. - PacBell, Romeo U. - TCl Sue T. _ SCVWD, Henry & John Petersen, Jim Zanardi, TJ. Marrone, Merleen R.-Paseo de Palomas MHP H:CTPCityl _I ~~~~~~~':'~:~ MEMORANDUM TO: Wayne Miyahara DATE: January 29, 1999 FROM: David Tully JOB NO: 2332-02-31 SUBJECT: Grants which require separate documents (not by the Parcel Map) 1. city park parcel onsite easements to be abandoned 2. Sanitary Sewer Easemt 3. Sanitary Sewer Easemt 4. 10' PG&E 5. 5' PG&E 6. SJWCo pipeline 7. SCWCO ditch used as except'n in RDA-WTA PL08 7538 OR 493 J059 OR 242 7648 OR 345 9065 OR 114 18 D 88 270 D 350 to be done after Pcl Map PL06 PL06 QCD prepared by SJWCo QCD prepared by SJWCo private street I access easements to be abandoned 8. On SCVWD forWTA 8816 OR 219 9. On Petersen for? 337 D 138 (20') 10. On Zanardi for? 337 D 138 11. On Zanardi for? 3755 OR 659 (25') 12. On WTA* for? 337 D 138 13. On WT A for SCVWD 8885 OR 541 14. On Marrone for? 3087 OR 486 * and relinqish vehicular access rights to McGlincey along prior private street? offsite public street easements to be granted 15. SCVWD Campbell Tech. Pkwy 16. Petersen Campbell Tech. Pkwy 17. Zanardi Campbell Tech. Pkwy 18. WTA Campbell Tech. Pkwy approved and delivered to KenN. PL01 PL02 PL03 being reviewed by HaroldH. PL 10 offsite private access easement to be granted 19. WTA to Marrone being reviewed by HaroldH. PL 15 offsite Emergency Access Easements to be granted 20. Paseo de Palomas 21. various owners Cristich approved and delivered to KenN PL07 waiting to proceed (not needed) offsite Private Storm Drain Easement 22. Paseo de Palomas to Union Street approved and delivered to KenN PL07 offsite Public Service Easement 23. moved to Pcl Map (PL05 was to be within park, not used) existing offsite easements used by the project 24. Across Paseo de Palomas 570 OR 250,7674 OR 658,7679 OR 709 2332LTDL001 1570 Oakland Road, Suite 200 . P.O. Box611510. San Jose, CA95161-1510. Tel: (408)487-2200. Fax: (408)487-2222 Of'CA-4 (~"~~ .;.. ...... 'l-' Jf:' .:..,.... O~('H~Y.Q v/""- CITY OF CAMPBELL January 25, 1999 Public Works Department Mr. Kenneth A. Neumeister Project Manager - Architect Huettig & Schromm, Inc. 900 Welch Road, Suite 10 Palo Alto, CA 94304 Subject: Campbell Technology Park Dear Ken: The following is written in response to your January 20, 1999 letter requesting clarification on issues and direction on how to proceed. There are several items that need to be completed in order for the parcel map to be recorded. Those items were listed in the letter dated December 15, 1998. A copy of that letter is attached, with the current status of each item listed. If you need any copies of the attachments that were provided with that letter, please let me know. We have tentatively scheduled the approval of the final parcel map and the acceptance of the public right of way for the February 16, 1999 City Council agenda. To stay on that agenda, all items on the list must be completed no later than January 29, 1999. Considering the number of items still outstanding, we do not believe this is feasible. The next available City Council agenda would be the March 2, 1999 meeting for which all items would need to be completed no later than February 12, 1999. It appears the most problematic of these items to complete in time might be the dedication of public right of way for the new public access roadway. Dedication is needed from the Santa Clara Valley Water District (SCVWD) and I believe this action may require action by the SCVWD Board. Unfortunately we do not have any ability to expedite the SCVWD process regarding the dedication of this right of way. Hopefully you will prevail with the SCVWD (and any other private property owners) to dedicate the required public right of way for the new access road in time to meet one of the agenda dates listed above. It is my understanding that the SCVWD is requesting that several improvements to their property be included in your improvement plans in exchange for the dedication of this right of way, in addition to some monetary compensation. I assume you have worked out the monetary compensation issue with the SCVWD and the only remaining issue would be the extent of the improvements required. Although the City has requested that the originally proposed improvements be modified to accommodate the City's request for the SCVWD to allow the City 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.376.0958 . TDD 408.866.2790 Ken Neumeister January 25, 1999 Page 2 to incorporate the percolation ponds into the new park design, we would hope the SCVWD would proceed with the dedication with the understanding or agreement that Huettig & Schromm would construct the improvements as needed to accommodate the ultimate resolution of this request. City staff is working directly with the SCVWD staff to resolve the improvement issue and will urge them to proceed with you on the property issue. Comments on the first submittal of the grading and drainage plan have been completed, and we will transmitthese to you on Monday, January 25, 1999. These comments must be addressed and returned to us by the January 29th deadline should you intend to keep the approval of the final parcel map on the February 16th City Council agenda. Also included in the December 15, 1998 letter are the items that must be completed prior to issuance of the encroachment permit prior to beginning work on the new access roadway. You can expect comments on the improvement plans by Monday, February 1, 1999. The storm drain reimbursement will be handled by the Redevelopment Agency, but I believe your fax on January 21, 1999 outlined the requirements and procedures for this reimbursement to take place. We will need to review and approve the plans and specifications for the construction of this public storm drain facility. Enclosed are two original revised street improvement agreements that should address the concerns outlined in your letter. Please execute each agreement, have all signatures notarized as required, and return them to us. I would be willing to meet with you to discuss these issues. Please call if you would like to arrange such a meeting. Sincerely, )1(,( t.~ir.: i~,--(~ (. L.' r<-IC'::-Y Michelle Quinney :.-;t'--' City Engineer Attachments: 1) Copy of December 15, 1999 letter with current status of items noted. 2) Street Improvement Agreement (2 originals) cc: Kirk Heinrichs LD File 535 Westchester Drive Harold Housley, Land Development J :\MQ\LD\53 5westchester 122 99 Of'C.4.tt (.&~:. $~~ "'" , .:. 'J~CH'''O' CITY OF CAMPBELL Public Works Department December 15, 1998 Mr. Kenneth A. Neumeister Huettig & Schromm, Inc. 900 Welch Road, Suite 10 Palo Alto, CA 94304 Re: Campbell Technology Park 535 Westchester Drive Dear Mr. Neumeister: In response to your request regarding what actions must be taken to record the parcel map and receive clearance by the Public Works Department for issuance of building permits for the above-referenced property, we provide the following summary: A. PRIOR TO RECORDATION OF THE PARCEL MAP AND CLEARANCE OF BUILDING PERMITS THE APPLICANT MUST: 1. Provide a completed final parcel map in compliance with the Subdivision Map Act. Map currently under review by City. 2. Acquire all public right-of-way, including deeds and easements, for public street and public storm drain purposes. Need final documents. 3. Obtain written clearance from the Planning Division. Need clearance letter. 4. Obtain written clearance from the Central Fire Protection District. Need clearance letter. 5 Provide conditions, covenants, and restrictions as appropriate. Provided and being reviewed by City. 6. Complete the worker's compensation information sheet. (form enclosed) Not yet submitted. 7. Provide substantially complete street improvement plans. Done/plans provided. 8. Provide completed on-site grading plans, including all items necessary for compliance with the NPDES general permit and local City ordinances. Provided, grading and drainage plan review comments to be available by 1/25/99. 9. Provide a utility coordination plan. Not yet provided. 10. Provide a statement of subdivision security requirements from the County Tax Collector. Not yet provided. 70 North First Street Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.376.0958 . TDD 408.866.2790 11. Provide a subdivision guarantee from the title company. Not yet provided 12. Provide a non-interference and easement approval letters from the utility companies and public entities. Not yet provided 13. Provide a clearance letter from the Santa Clara Valley Water District. Not yet provided. 14. Execute the landscape maintenance agreement and provide insurance, fees, and security. Not yet provided 15. Execute a street improvement agreement and post a labor and materials bond and a faithful performance bond, each in the amount of...... .................. $989,000.00 (bond forms and agreement attached) Not yet provided 16. Post the construction emergency refundable cash deposit in the amount of.. . . . . .. . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000.00 (4% of the Engineer's estimate) Not yet provided 17. Pay the storm drain area fee in the amount of....................$ 47,475.00 ($2,500/acre) Not yet provided 18. Post the monumentation refundable cash deposit security in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000.00 Not yet provided 19. Post the plan check and inspection fee deposit in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 79,120.00 (8% of the Engineer's estimate) Not yet provided. Following completion of the above, Public Works will agendize the approval of the final parcel map and acceptance of public right-of-way for the next available City Council meeting. Following Council approval and recordation of the final parcel map, Public Works will release clearance to the Building Division for building permits for the site. (Please be reminded the Building Division may also have other requirements prior to actual release of the building permits.) B. PRIOR TO ANY WORK ON THE NEW PUBLIC ROADWAYS, THE FINAL PARCEL MAP MUST BE RECORDED AND AN ENCROACHMENT PERMIT ISSUED FOR THE WORK. THE FOLLOWING ITEMS MUST BE COMPLETED PRIOR TO ISSUANCE OF AN ENCROACHMENT PERMIT: 1. Provide an encroachment permit from the County of Santa Clara (for work within the County at the Curtner/McGlincey intersection). 2. Provide a permit from the Santa Clara Valley Water District (required for any work within 50' of their property or facilities). 3. The contractor's signature must be added to the permit application (front and back). 4. The contractor must provide a Worker's Compensation Insurance Information Sheet. (form enclosed) 5. The contractor must provide a Certificate of Insurance with Additional Insured's Endorsement. (sample enclosed) 6. The applicant must provide one mylar set and six blueline sets of public improvement plans signed by licensed engineer, and stamped by the City "APPROVED FOR CONSTRUCTION'. Following completion of the above, the City Engineer will SIgn and Issue the encroachment permit. If you have any questions regarding any of the above, please contact Harold Housley, Land Development Engineer, at (408)866-2158. Sincerely, Harold Housley, P.E. Land Development Engineer Attachments: Workers' compensation forms (2) Faithful Performance Bond Labor & Materials Bond Street Improvement Agreement Engineer's Construction Cost Estimate Sample Certificate of Insurance cc: Kirk Heinrichs Kevin Maple, HMH LD File - 535 Westchester Drive H:\ WORD\LANDDEV\535WEL TR(JD) Of'c'1i1.( ".~'~..o~.p ... 1:'" (,; r'"' . , .....1- . ........ '" ., o " qCHAIlO 0'((' 7"'-[,., ,,~ ((';......; CITY OF CAMPBELL Public Works Department December 31, 1998 Ken Neumeister Huettig & Schromm, Inc. 900 Welch Road, #10 Palo Alto, CA 94304 Re: Campbell Technology Park Former Winchester Drive-In Site 535 Westchester Drive Dear Mr. Neumeister: I received your phone message on December 28. Attached is a copy of the revised agreement pursuant to your request. You also had a question regarding Resolution 9395 approved by the City Council on June 2, 1998. This resolution is passed annually by the City Council when fees are adopted for the City. It does not pertain specifically to your project. Enclosed is a brochure listing these fees as approved by the City Council. If you have any further questions, please give me a call. h: \landdev\535west 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.376.0958 . TOD 408.866.2790 P~c-lB-9B 03:07P HI HlJFTTlC; ,'l. ~,CHRnMM INC': Vece~r18. 1998 City of Campbell City Manager's Offil:t; - Rcdcvdopmcnl Divi"iOTl 70 North First Strect Camphell, CA 95008-1423 Attn.: Kirk Hl.:inrich... - Redevelopmem Manager Re: Campbell 'technology P;lrk a WDT-Dcvc!l1pment Maintenance and Street Improvement Agreements Job # 9()-O~~ Deitr Kirk.: The following is a list of questions or objt'l:tions II) itcm~ found in tht' abuve n:fcrcnced agreements (see tht: i\llachcd ~c.;k\,:ted shcct-,). STREET IMPROVEMENT AGR.EbM.ENT . Page) item (1). .,tatc.:~ that COIl~truction shall be completed within 12 months. 1. The DDA states the completion of the improvements shall be within :24 mlmths (St;C section 5.2 (I.:) pages 26&27). " The Conditions of approval states completion of Public Street Improvements must be completed prior to isslIanl:c or uccupancy (see PI> 96.06 pitgc 8 item 28). I suXxcst thClt the wording be n:vised to r~nect these earlier retluirements. . This agreement had cxhibil~ A-I & A-I attached. I fuund nl) reference [0 these e}lhibit~ within rhe agrccment. Are they nece~sary for rhi~ agreement'/ MAINTENANCE AGREEMENT . The tirsl paragraph indil.:atcd the developmem ac; being 19.58 acres The net dcvelopment ic; 17.38 acres, unless this area is suppose to indudc thl: puhlic ~mcet. Plcase verify and revise as appropriute. Abn, while reviewing the DDA it slalc.;'lo that the Agency must approve plans ,lOd all COllstnlction dncllmentation prior tll l,:\.lTmnencing con~tructiun. l)oe~ this me<ln Wf! nc~d It.! ,>ubmit ~epmate plans to you or will rhlS happen in-house as part of Ihe IIllmlal pl:nnil pmcec;s? Is there it li"t of 900 Wekh RUl1d, :'ulll::' ] 0 . P'J!r; AI I <:,,1, CrJllfollllfJ ')4:304 . [6501 JL2-2 1:Z I . r<:..lX (6SU) JL:Z-SO:zr,) Slut\.: C(;rVr(I(T:)(~ h:-f=I'll'l'~ r-..JIJmrlPr 1 790t'l() P.02 Pec-1B-9B 03:07P P.03 CalUpb.l1l T~....hlluIQ1!), (':uk a WT A.-I~~clQPmcnt . p:lgc2 other documents Yl..l\1 need (0 see \)lher than permit "work.ing drawings", m<\leri<\1 ch.mges or thl.'i>e items needed for verification of the <;torm drain improvement (;1..1~1~? If yuu should have any quc~rjom: regarding these mauers plca~c du nOI hcsil.tll: 10 ~.tl1 me. Sinc~ly ;/ f2 ' >7 /(fl r- r' - -.-)/(: <21 ",-\..,__y/ /ienneth A. Neumebter Project Manager- Architect ee: ROT.F.F.O HJW Harold Housley - City of Campbell (faxed only) II CTJl.id.2 DEC. 11. 1998 12:40PM HMK INCORPORATED NO. 3754 P 1 ::i HMH, Incorporated rl Civil Engineers · Planners . Surveyors 1570 Omkls"d Road, Suite 200 P.O, 80x 811510 San Jo... CA 95161-1510 Tel: (408) 487.2200 Fax: (408) 4137.2222 FAX TRANSMITTAL TO: Harold Housely DATI;; December 11,1998 City of Campbell, Public Works Department FAX#: 376.0958 JOB NO: 2332.02-31 FROM; David Tully PAGES: L( RE: Campbell Tech. Park MESSAGE: Attached is a plat and legal ofb 18.72 acres to be conveyed to WTA-Campbell Tech. Park. I also faxed it to Kirk Heinrichs and the I.lriginal is to follow by US Mail. NOTE If this transmission is not complete, please call (408) 487-2200 DEC. 11. 1998 12: 40PM HMH. INCORPORATED IMI:.. ~ 1 ~~~~!~:~~~~~ !J J .. ..j,: NO. 3754 P. 2 James I. Harper 'MIiam J. Wagner. R.C.E. December 11, 1998 HMH 2332-02-31 Page 1 of 2 pages EXHIBIT "A" Real property situate in the City of Campbell, County of Santa Clara, State of California, being part of the North 10 acres of the East 1/2 of the Southwest 1/4 and part of the Southeast 114 of the Northwest 1/4 of Section 35, Township 1 South, Range 1 West, M,D.M., described as follows: Commencing at the most westerly cornet of that portion described in the Deed from Winchester Drive-In Theatre, Inc. to Santa Clara County Flood Control and Water District recorded April 10, 1970 in Book 8885 of Official Records at page 541, Santa Clara County Records; Thence along the sooth line of said North 10 acres, North 89050'00" West, 688.81 feet to the southeasterly line of Cristich Lane (a 60 foot wide private street) to the True Point of Beginning; Thence. leaving said south line, North 50033'30" East, 429.50 feet; Thence along a tangent curve to the right having a radius of 272.50 feet, through a central angle of 118001'30", for an arc length of 561.33 feet; Thence South 11025'00" East, 82.59 feet to the northerly line of said portion described in said Oeed from Winchester Drive-In Theatre, Inc.; Thence along said northerly line, along a curve to the right from which the center bears South 31 025'16" West, having a radius of 45.00 feet, through a central angle of 57044'40", for an arc length of 45.35 feet to the south line of said North 1 0 acres; Thence along said south line, South 89050'00" East, 20.00 feet to the easterly line of that 22.793 acre parcel shown on that Record of Survey recorded September 12, 1966 in Book 214 of Maps at page 18, Santa Clara County Records; Thence along said easterly line the following four courses: (1) North 00023'14" West, 362.48 feet; (2) Thence South 89056'36" East, 3.54 feet; (3) Thence North 06021'02" East, 725.29 feet; (4) Thence North 07021'02" East, 221,63 feet to the northerly line of said 22.793 acre 2332LOTG.OO9 1570~Road, SUileLOO e P.O. b611S10 e San Jose. CA95161.1510. Tel: (Q)487-2200 · Fax: (406)487-2222 . .-... -.... .-:-.~.;:;~,:,.:.-_.""-,,,,,~. "'-'-'--~"""-----'~- DEC. 11. 1998 12:40PM HMH, INCORPORATED NO. 3754 P. 3 December 11, 1998 HMH 2332-02-31 Page 2 of 2 pages parcel; Thence North 89050'16" West, 224.66 feet to the southeasterly line of the parcel of land granted in the Deed from Ellen $corsur to the State of California, for freeway purposes, recorded June 29, 1956 in Book 3537 of Official Records at page 478, Santa Clara County Records; Thence along said southeasterly line, the following two courses: (1) South 46020'20" West, 582.46 feet to the beginning of a non-tangent curve to the left, from which the center bears South 43039'38" East; (2) Thence along said curve, having a radius of 3000.00 feet, through a central angle of 21014'57", for an arc length of 1112.60 feet to the south line of said North 10 acres; Thence South 89050'00" East, 352.32 feet to the True Point of Beginning, 2332LDTG.OO9 DEC. I!. 1995-12:4IPM-HMH, INCORPORATED NO. 3754-P. 4 o 100 200 ~I N89'SO'16"W 224.66' , be~ ~~ <-,CO~ , 'l,.() C> ~;, ':,i ~. ~~~~ / ~:t '\ 1:5'. Yo / ~ 'V. ...... ~...... --fl f?C, I 'V~ ~^j ~I ;;1 fl..... ~ v I I L__ CRAPHIC SCALE 1 INCH = 200 FT. :I.LJ C"Ij- 0"" :..~ N"': 'N "N o ~ '0, N 'ui l; - 'f'J co ,~ S89'50'OO"[ , I I 352.32 /~I f "t'/e' I Vl.~ 16'/~ II::~' I~'/"- I~:"I~~ / (jl.q,~ / / l\::. I I I I /~~8~0~ Do L =>561 i? ~ 'J'~:?.>~ ~ '0' ~~~ Q ~......() '" ~J , ci" OJ,?O 511'25'00"[ ~~ be"]; 82.59' 589'SS'.3S"E 3.S4' I I NOO'23'14"W .362.48' ,- -;;;J; S89"SO'00"E - - - - N89"SO'OO"w - 688.8~ - - - - ffI 20.00' T.P.O.B. P.O.C..~ ls=57'44' 40" !VI R=45 00' ... . c;y L=4S.3S' 1 11 SclIIc 1 -200" HMH. Incorporated CWi( Engineer, · Pl41men . Surveyors 1S?Q OAICI.AIlO ROAD. SUITE 200 ".0. lKl1I Cill~10 5AH.mlE. CAUrClRNlA ~lIn-HI10 (~) "7-2200 f"AX: (408) 487-2222 SubmItted l:) . PLA T TO ACCOMPANY DESCRIPTION EXHIBIT "B" Ihft TC< ~ Dr (Ire' ; -..c 2!.3ZP\.09 CITY or CAMPBEI.I. CALlF'ORNIA -..--.....',...- -...... .-- .~ Of'CAAt .~.~..o~ ~.,. ~ ~ '. ~ . -. . ~ .. ~ , ~ , '- .0~CH'\\l.O T k CQf='c..:f:--- CITY OF CAMPBELL Public Works Department December 15,1998 Mr. Kenneth A. Neumeister Huettig & Schromm, Inc. 900 Welch Road, Suite 10 Palo Alto, CA 94304 Re: Campbell Technology Park 535 Westchester Drive Dear Mr. Neumeister: In response to your request regarding what actions must be taken to record the parcel map and receive clearance by the Public Works Department for issuance of building permits for the above-referenced property, we provide the following summary: A. PRIOR TO RECORDATION OF THE PARCEL MAP AND CLEARANCE OF BUILDING PERMITS THE APPLICANT MUST: Provide a completed final parcel map in compliance with the Subdivision Map Act. Acquire all public right-of-way, including deeds and easements, for public street and public storm drain purposes. Obtain written clearance from the Planning Division. Obtain written clearance from the Central Fire Protection District. Provide conditions, covenants, and restrictions as appropriate. Complete the worker's compensation.information sheet. (form enclosed) Provide substantially complete street improvement plans. Provide completed on-site grading plans, including all items necessary for compliance with the NPDES general permit and local City ordinances. Provide a utility coordination plan. Provide a statement of subdivision security requirements from the County Ta'\ Collector. Provide a subdivision guarantee from the title company. Provide a non-interference and easement approval letters from the utility companies and public entities. 13. Provide a clearance letter from the Santa Clara V alley Water District. 14. Execute the landscape maintenance agreement and provide msurance, fees, and security. 1. 2. '" .J. 4. 5 6. 7. 8. 9. 10. 11. 12. 70 North First Street Campbell. California 95008.14:23 . TEL 408.866.:2150 . FAX 408.376.0958 . TOO 408.866.2790 15 Execute a street improvement agreement and post a labor and materials bond and a faithful performance bond, each in the amount of....................... .$989,000.00 (bond forms and agreement attached) 16. Post the construction emergency refundable cash deposit in the amount of......................................................$ 10,000.00 (4% of the Engineer's estimate) 17. Pay the storm drain area fee in the amount of................. ...$ 47,475.00 ($2.500/acre) 18. Post the monumentation refundable cash deposit securitv in the amount of............ ............................. ...$ 10,000.00 19. Post the plan check and inspection fee deposit in the amount of...... .,. ................................. ............$ 79,120.00 (8% of the Engineer's estimate) Following completion of the above, Public Works will agendize the approval of the final parcel map and acceptance of public right-of-way for the next available City Council meeting. Following Council approval and recordation of the final parcel map, Public Works will release clearance to the Building Division for building permits for the site. (Please be reminded the Building Division may also have other requirements prior to actual release of the building permits.) B. PRIOR TO ANY WORK ON THE NEW PUBLIC ROADWAYS, THE FINAL PARCEL MAP MUST BE RECORDED AND AN ENCROACHMENT PERMIT ISSUED FOR THE WORK. THE FOLLOWING ITEMS MUST BE COMPLETED PRIOR TO ISSUANCE OF AN ENCROACHMENT PERMIT: 1. Provide an encroachment permit from the County of Santa Clara. (for work within the County at the Curtner/McGlincey intersection). 2. Provide a permit from the Santa Clara Valley Water District (required for any work within 500' of their property or facilities). 3. The contractor's signature must be added to the permit application (front and back). 4. The contractor must provide a Worker's Compensation Insurance Information Sheet. (form enclosed) ). The contractor must provide a Certificate of Insurance with Additional Insured's Endorsement. (sample enclosed) 6. The applicant must provide one mylar set and six blue line sets of public improvement plans signed by licensed engineer, and stamped by the City "APPROVED FOR CONSTRUCTION". Following completion of the above, the City Engineer will SIgn and Issue the encroachment permit. If you have any questions regarding any of the above, please contact Harold Housley, Land Development Engineer, at (408)866-2158. Sincerely, /./ --~",~ /'~~ lis ey,~/ .- / Land Development Engl;eer Attachments: Workers' compensation forms (2) Faithful Performance Bond Labor & Materials Bond Street Improvement Agreement Engineer's Construction Cost Estimate Sample Certificate of Insurance cc: Kirk Heinrichs Kevin Maple, HMH LD File - 535 Westchester Drive H:\WORD\LANDDEV\535WEL TR(JD) WORKER'S COMPENSATION INSURANCE INFORMATION The following worker's compensation insurance information is required for all Applicants and Contractors. One of the following items for each Applicant and Contractor must be submitted prior to working under a Public Works permit or contract. WORKERS' COMPENSATION INFORMATION: Name of Contractor/Applicant o A Certificate of Consent to Self-Insure issued by the Director of Industrial Relations; OR o A Certificate of Workers' Compensation Insurance Insurance Co. Policy No. Expiration Date ; OR o A signed Certificate of Exemption from the Workers' Compensation laws as printed below. CERTIFICA TE OF EXEMPTION I certify that in the performance of the work for this contract, I shall not employ any person in a manner so as to become subject to the Workers' Compensation Laws of California. Signed : Date Title NOTICE TO APPLICANT/CONTRACTOR: If after signing this Certificate of Exemption, you should become subject to the Workers' Compensation pr.ovision of the Labor Code, you must forthwith comply with such provisions or the Permit or Contract will be cancelled or revoked. j: \forms\workcomp(rev6/96) BOND FOR FAITHFUL PERFORMANCE We, the undersigned WTA - CAMPBELL TECHNOLOGY PARK, LLC , (hereinafter "Contractor ") and , a corporation organized under the laws of the State of , and authorized to transact business in the State of California, as Surety, are obligated to the City of Campbell, (hereinafter "City") a municipal corporation under the laws of the State of California, in the sum of NINE HUNDRED EIGHTY-NINE rnOUSAND DOLLARS ($ 989,000.00 ) for the payment of which sum we obligate ourselves and our successors and assigns, jointly and severally by the following provisions: The condition of this obligation is: Because the obligated Contractor has, on , 19_, entered into written Contract with the City for the Project, a copy of which contract is attached and made a part of this bond, for "TS 97-01. PD 98-06, 535 WESTCHESTER DRNE, 571 MC GLINCEY LANE, ENCROACHNIENT PER,.\1IT NO. 98-219" . Now, therefore, if the Contractor shall faithfully perform the work in accordance with the plans, specitications and contract documents during the original term, and any extensions of the contract which may be granted by the City, with or without notice to the surety, and if it shall satisfy all claims and demands incurred under the contract, and shall fully indemnitY and save harmless the City from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the City all outlay and expense which the City may incur in making any default, then this obligation shall be void; otherwise to remain in full force and effect. If any legal action be riled upon this bond, it shall be filed within one year after tinal payment has been made under the Contract excluding the warranty period, if any, provided for in the Contract. and venue shall lie in the County of Santa Clara, State of California, and that surety, for value received stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed under it or the specitications accompanying it shall in any way affect its obligation on this bond, and it does by this means waive notice of any change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications, and thereby waives the provisions of Section 2819 of the Civil Code of the State of California, In witness, the parties have executed this agreement as of , 19 WTA - CA1\1fPBELL TECHNOLOGY PARK, LLC By Title (Surety) By Address of Surety: (Attach Acknowledgements) Surety's Bond Number (Accompany this bond with Attorney-in-fact's authority from Surety to execute the bond, certitied to include the date of the bond.) (Both Principal's and Surety's Attorney in Fact) h:landdev\535west6(mp) BOND FOR LABOR AND MATERIAL We, the undersigned WTA - CAMPBELL TECHNOLOGY PARK, LLC (hereinafter "Principal") and ' a corporation organized under the laws of the State of ' and authorized to tr:lllsact business in the State of California, as Surety, are obligated to the City of Campbell (hereinafter "City"), a municipal corporation under the laws of the State of California, in the sum of NINE HUNDRED EIGHTY-NINE THOUSAND DOLLARS ($ 989,000.00 ) for the payment of which sum we obligate ourselves and our successors and assigns, jointly and severally by the following provisions: The condition of this obligation is that the Principal entered, or is about to enter, into a certain written Contract with the City dated , 19 ' a true and correct copy of which is presently on file in the oftice of the City Clerk of the City of Campbell, which said Contract is hereby referred to and made a part hereof. The contract is entitled: "TS 97-01. PD 96-06. 535 WESTCHESTER DRIVE, 571 MC GLINCEY LANE. ENCROACHMENT PERMIT 98-219. ., Because Principal is required to furnish a bond in connection with the contract, providing that if PrincipaL or any of its subcontractors, shall fail to pay for any materials, or other supplies, or for any work or labor on the contracted work of any kind, or for amounts due under the unemployment insurance act with respect to any work or labor on this project, the Surety on this bond will pay for the debt, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. Now, therefore, we, WTA - CAMPBELL TECHNOLOGY PARK. LLC , as Principal. AND ' as Surety, are obligated to the City of Campbell. in the sum of $ NINE HUNDRED EIGHTY-NINE THOUSAND DOLLARS ,($989,000.00) lawful money of the United States, for the payment of which sums will and truly to be made, we the said Principal and Surety bind ourselves, successors and assigns, jointly and severally, by these provisions. The condition of this obligation is that if Principal. its successors or assigns, or its subcontractor, or subcontractors, shall fail to pay for any labor, materials, or other supplies, used in the performance of the work contracted to be done. or for amounts due under the unemployment insurance act with respect to this work or labor, then the Surety on this bond will pay for them. in an amount not exceeding the sum specified in this bond. and in case suit is brought upon this bond will also pay a reasonable anorney's fee, to be tixed by the court. No prepayment or delay in payment and no changes, extensions. addition or alteration of any provision of said Contract or in any plans and specifications referred to herein, and no forbearance on the part of the City shall operate to release the Surety from liability on this bond. and consent to make such alterations without further notice to or consent by the Surety is hereby given, and the Surety hereby waives the provisions of Section 2819 of the Civil Code of the State of California. In witness, the parties have executed this agreement as of ,19_. WTA'- CAl',,[PBELL TECHNOLOGY PARK, LLC By: Its: (Surety) By Address of Surety: (Attach Acknowledgments) (Both Principal's and Surety's Attorney in Fact) Surety's Bond Number (Accompany this bond with Attorney-in-fact's authority from Surety to execute the bond, certitied to include the date of the bond.) h: \landdev\535west7(mp) Recording Requested by: ) ) City of Campbell ) ) When recorded mail to: ) ) City Clerk ) City of Campbell ) 70 North First Street ) Campbell, CA 95008 ) (Space above this line for Recorder's use only.) STREET~~ROVEMENTAGREEMENT THIS AGREEMENT (identified as File Nos. TS 97-01 and PD 96-06 made and entered into this day of , 19 , by and between - WTA _ CAMPBELL TECHNOLOGY PARK. LLC , hereunder referred to as "Owner," and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City." WHEREAS, on November 18. 1997 and on December 8. 1997 the City Council granted conditional approval of TS 97-01 and PD 96-06 for that certain real property described in Exhibit A attached and incorporated as though fully set forth herein, and commonly known as 535 Westchester Drive and 571 McGlincev Lane , which property is hereinafter referred to as "said real property"; WHEREAS, compliance with the terms and conditions of this Agreement are conditions to the approval of the above described Tentative Subdivision and Planned Development; NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED APPROY AL, and satisfaction of the conditions to that approvaL (l) Owner shall provide, construct and/or install at his own proper cost and expense, 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 month period, delays due to, or caused by acts of God, viz., unusually inclement weather, major strikes. and other delays 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 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 construction 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 specifications of the City of Campbell and West Valley Sanitation District 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 calculated in accordance with Resolution No. 9391, as adopted by the City Council on June 2, 1998, or as may subsequently be adopted by the City Council. (6) Owner, or his successors, shall file with City, prior to beginning construction, surety acceptable to the City in amount equal to the City Engineer's estimated cost of the street improvements to ensure 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 succes~ors, 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 the State of California created for the purpose of constructing and/or installing any or all of said improvements. 2 (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 West Valley Sanitation District of Santa Clara County to ensure 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 stating that Owner, or his successors, have made such depos its or filed such bonds and entered into such agreements. (11) Owner, or 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 ensure the installation of a water distribution system to serve said real property, including fire hydrant. Owner's, and his successors I, 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 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 negotIatlons 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. 3 (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 fultill 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 benetit of Owner's property, commonly known as 535 Westchester Drive and 571 McGlincev Lane , and the City's property, commonly described as Westchester Drive. McGlincev Lane and Campbell Technology Parkway 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) Nothing contained herein shall be construed to transfer any unvested interests in real or personal property for 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 reasonab le attorneys I fees and court costs. (19) This is the entire Agreement between the parnes. 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 parties. ~ (21) Owner shall provide and construct public street improvements per preliminary plans titled" Public Improvement Plans for Campbell Technology Park. 535 Westchester Drive. Encroachment Permit 98-219 ," which are subject to approval by the City Engineer, prepared by HMH. Incorporated. 1570 Oakland Road. Ste. 200. San Jose. CA 95131. IN WITNESS WHEREOF, said City has caused its name to be affixed by its Public Warks Director and City Clerk, who are duly authorized by Ordinance 1951 adopted September 2, 1997, and said Owner has caused his name to be affixed the day and year first above written. WT A - CAi\1PBELL TECHNOLOGY PARK, LLC By: Title: CITY OF CAi\tIPBELL Robert Kass, Public Works Director ATTEST: Anne Bybee, City Clerk (Attach Notary Acknowledgment for all parties) h: \agr\535westcqnp) 5 STATE OF CALIFORNIA COUNTY OF SANTA CLARA On before me, (Notary Public) personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. (Signature of Notary Public) (This area fomotarial seal) 6 IMI _ ,.... _I..... .J...' HMH, Ir Jrporated Civil Engineers . r'lanners . Surveyors James T. Harper William J. Wagner. RC.E. December 11, 1998 HMH 2332-02-31 Page 1 of 2 pages EXHIBIT" A-l" Real property situate in the City of Campbell, County of Santa Clara, State of California, being part of the North 1 0 acres of the East 1/2 of the Southwest 1/4 and part of the Southeast 1/4 of the Northwest 1/4 of Section 35, Township 1 South, Range 1 West, M.D.M., described as follows: Commencing at the most westerly corner of that portion described in the Deed from Winchester Drive-In Theatre, Inc. to Santa Clara County Flood Control and Water District recorded April 10, 1970 in Book 8885 of Official Records at page 541, Santa Clara County Records; Thence along the south line of said North 10 acres, North 89050'00" West, 688.81 feet to the southeasterly line of Cristich Lane (a 60 foot wide private street) to the True Point of Beginning; Thence, leaving said south line, North 50033'30" East, 429.50 feet; Thence along a tangent curve to the right having a radius of 272.50 feet, through a central angle of 118001'30", for an arc length of 561.33 feet; Thence South 11 025 '00" East, 82.59 feet to the northerly line of said portion described in said Deed from Winchester Drive-In Theatre, Inc.; Thence along said northerly line, along a curve to the right from which the center bears South 31025' 16" West, having a radius of 45.00 feet, through a central angle of 57044'40", for an arc length of 45.35 feet to the south line of said North 10 acres; Thence along said south line, South 89050'00" East,' 20.00 feet to the easterly line of that 22.793 acre parcel shown on that Record of Survey recorded September 12, 1966 in Book 214 of Maps at page 18, Santa Clara County Records; Thence along said easterly line the following four courses: (1) North 00023 '14" West, 362.48 feet; (2) Thence South 89056'36" East, 3.54 feet; (3) Thence North 06021 '02" East, 725.29 feet; (4) Thence North 07021 '02" East, 221.63 feet to the northerly line of said 22.793 acre 2332LDTG.009 1570 Oakland Road, Suite 200 . P.O. Box611510. San Jose, CA95161-1510. Tel: (408)487-2200. Fax: (408)487-2222 December 11, 1998 HMH 2332-02-31 Page 2 of 2 pages parcel; Thence North 89050'16" West, 224.66 feet to the southeasterly line of the parcel of land granted in the Deed from Ellen Scorsur to the State of California, for freeway purposes, recorded June 29, 1956 in Book 3537 of Official Records at page 478, Santa Clara County Records; Thence along said southeasterly line, the following two courses: (1) South 46020'20" West, 582.46 feet to the beginning of a non-tangent curve to the left, from which the center bears South 43039'38" East; (2) Thence along said curve, having a radius of 3000.00 feet, through a central angle of 21014'57", for an arc length of 1112.60 feet to the south line of said North 10 acres; Thence South 89050'00" East, 352.32 feet to the True Point of Beginning. _,~.';'~=.:"::Oe."", -- ""0 c., ~7' <"", \_"n S/. ~. eij)f>/'o='~":~~Z:~-\ ~ _-<':1/ ,,'1"::',1:::'.1 \J\'~~ '\ ,J ~.;' ....,1_' _I ''', !__ :~ "'. ., ,.,.... I..... ,6\1' '~L!.. -",,;,. 5 -:? u'lCi'tLJ;=ilMJ-\ q '" ~ g ;'? 1, E:(O 0')-30-01 ~ i:;!? o ...... Ii~. .,~' 'b u:~.....'\., No. 4444 ",~ i <<b ~~:, ~ /r.~' '" 'b - i ~ 'OQocc..--c', I~<';J' l:b..','OJ:: C ,.' \<(..) ~-j" ~~~ Said property lS gernerally shown In the attached Exhibit "A-2" 2332LDTG.009 - ~<o/ V;co~ V'.~ -11., \) \) ~~ C:,~ AJ. ..t,9, / ~a.. / <(;:< Y6 "V 'Y' " " ~" ...: / f?6/ aC) c/I^"5 ,3- / :;'l JY I I L_- S89'50'OO"E I / , 1 / 352.32 / ~I / ~/C' 1 Yl.~ /J;'/e /~"" 10 10...../"- I~/~~ / (jIQ~ / 1 I.;::. / / / / 200 I GRAPHIC SCALE 1 INCH = 200 FT. N89'50'lS"W 224.66' =w C"\J- 0"'1 :-CD C"\J""': "C"\J "C"\J o 2: 10, C"\J Ilf"i C"\J I~ I~ CD I~ --~ ~'\ '\ 8"07'JO;~ t> L =567 f?~, . j'j'.<..>:\ ..? .U' o. S89"56'36"E 3.54' I I NOO"23'14"W 362.48' .' <<,. ~"'J\), "'-:"'J"'J ~\) ~\) ~. ~ ~'1,: ..--- . ./ - - - - N89"50'OO"W - 68as,: - / ~/ ~8;"6~g?"E P.O.C, ~- <:0 ^- 51'44' 40" .,,'0.....-/ L.::- v/ R=45.00' ..... 0/ L= 45.35' S11"25'OO"E 82.59' PLAT TO ACCOMPANY DESCRIPTlON EXHIBIT tt A-2" HMH. Incorporated Civil Engineers . Planners' Surveyors 1570 OAKLAND ROAD. sum: 200 P.O. BOX 611510 SAN JOSE. CAlIfORNIA 95161-1510 (<408) <487-2200 fAX: (<408) <487-2222 Submitted by: CITY OF CAMPBELL CALIFORNIA IMI. ,\, ; 1 ~~~ ',~~':l~ -i..;:J~""; James T. Harper 'MflafT1 J. Wagner. R.C.E. November 5, 1998 HMH 2332-02-31 Page 1 of 1 pages EXHIBIT lA-3" OVER LANDS OF WTA - CAMPBELL TECHNOLOGY PARK Real property situate in the City of Campbell, County of Santa Clara, State of California, being a portion of Section 35, Township 7 South, Range 1 West, M.D.B. & M, described as follows: BEGINNING at a point in the northwesterly line of McGlincey Lane, as said line was established by Deed to the City of Campbell recorded July 29, 1964 In Book 6600 of Official Records at page 557, Santa Clara County Records, at the point of intersection of said northwesterly line with the quarter section line running north and south through the center of said Section 35; Thence, from said POINT OF BEGINNING, along the northwesterly line of McGlincey Lane, North 56055 '00" East, 133.43 feet to a point in the southwesterly line of that certain parcel of land described in the Deed from Steve Laptalo, et ai, to Oden Snowden, et ux, dated July 25, 1952, recorded September 18, 1952 in Book 2490 of Official Records, at page 105, Santa Clara County Records; Thence along said southwesterly line, North 33005'00" West, 125.00 feet to the most westerly corner thereof; Thence parallel with said line of McGlincey Lane, South 56055'00" West, 53.19 feet to said quarter section line; Thence along said line, South 00023'14" East, 148.54 feet to the POINT OF BEGINNING. Containing an area of 0.2678 acres, more or less. And, generally shown upon ExhibitA-4 attached hereto and made a part hereof. ,. 2332LD TG. 005 1570CakJandRcad, Suite 200 . P.O. 8ox611510 -SanJcse, CA95161-1510 - Tel: (408)487-2200. Fax: (408)487-2222 LANDS OF PETERSEN LANDS OF WTA-CAMPBELL TECHNOLOGY PARK I I I I LANDS OF ZANARDI I I I LANDS OF S.C.V.W.D. I I I LANDS OR 'MARRONE' I I , i"'") r'l o o (f) ~. / / / / / / i /'2<C~ / G \;\ / ~\C "~ '00 .'J'=> ~'=>~ / / \;~'2<~ ~. o 15.30 / 1'1/ GRAPHIC SCALE 1 INCH = 30 FT. EXHIBIT IA-4" SHEET 1 OF 1 PLA T TO ACCOMPANY DESCRIPTION HMH. Incorporated Civil Engineers . Planners' Surveyors 1570 OAKlAND ROAD. SUITE 200 P.o. BOX 511510 SAN JOSE. CAlIFORNIA 95151-1510 (-408) -487-2200 FAX: (-408) 487-2222 Submitted b . TO THE CITY OF CAMP8ELL OVER LANDS Of' wr A - CAMP8ELL TECHNOLOGY PARK PUBLIC WORKS DEPARTMENT ENGINEER'S ESTIMATE Address: 535 WESTCHESTER DR. ENCROACHMENT PERMIT NO. 98-219 Date: 1219198 ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION UNIT QTY < 530 K 530 K to 5150 K > 5150 K 5 AMOUNT 1. SURFACE CONSTRUCTION MOBILIZATION 1 LS 5 750,00 5 1,500.00 5 66.200.00 5 66,200.00 CONSTRUCTION TRAFFIC CONTROUPHASING 1 LS 5 100.00 5 1,500.00 5 5.000.00 5 5,000.00 CONSTRUCTION STAKING 1 LS 5 250.00 5 350.00 5 15.000.00 5 15.000.00 CONSTRUCTION TESTING 1 LS 5 750.00 5 500.00 5 35,00000 5 35.000.00 II. DE:'.10LmON/CLEARING I. CLEARING & GRUBBING I LS 5500.00 51,000.00 510,000.00 5 10.000.00 2. SAWCUT P.C.C.lA,C.(UP TO 6") 125 LF 52.50 53.00 55.00 5 625.00 3. P.C.C. REMOVAL 124 SY 530.00 523.00 510.00 5 1,240.00 4. CURB AND GUITER REMOVAL 214 LF 56.00 53.00 52,00 5 478.00 5. MEDIAN REMOVAL SF 54.50 52.25 51.25 6. DEMOLISH EXISTING INLET/PLUG RCP'S EA III. STORM DRAINAGE I. 12" R.C.P. (CLASS V) 309 LF 560.00 S40.00 520.00 5 6,180.00 2, 15" R.C.P. (CLASS nn LF 565.00 $48.00 538.00 3. 18" R.C.P. (CLASS nn 664 LF 570.00 560.00 552.00 5 34,528.00 4. 24' R.C.P. (CLASS nn 366 LF 580.00 568.00 559.00 S 21.594.00 4a. 27: R.C.P. (CLASS III) 369 LF 571.00 5 26,199.00 5. 30" R.C.P. (CLASS III) 1669 LF 590.00 575.00 565 .00 5 108"+85.00 Sa. 36" R.C.P. (CLASS nn 1365 LF 580.00 5 109,200.00 6. T.V. INSPECTION (12") 4742 LF 51.20 50.75 50.60 5 2,84520 ~ STD DRAINAGE INLET 11 EA 51.600.00 51,300.00 51.000.00 5 11.000.00 (C.C. DETAIL 5) 8. FLAT GRATE INLET EA 51.400.00 51,100.00 5900.00 (C.c. DETAIL 6) 9. STANDARD MANHOLE 18 EA 52,000.00 51,600.00 51.300.00 5 23.400.00 (C.S.J. DETAIL 0-11) (INCLUDES FRAME & LID) 10. BREAK AND ENTER M.H.lD.l. 2 EA 5700.00 5550.00 5450.00 S 900. IX) 11 3' THROUGH CURB DRAIN PIPES EA 5500.00 5250.00 APPLICATION NO Page 1 ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRlmON UNIT QTY < 530K 530 K to 5150 K > 5150 K 5 AMOUNT IV. CONCRETE IMPROVEMENTS 1. SIDEWALK 10615 SF 56.50 54.50 52.75 5 29,191.~ 2. DRIVEWAY APPROACH 3285 SF 57.50 55.50 53.75 5 12,318.75 3. CURB AND GUTrER 214 LF 522.00 518.00 515.00 5 3,210.00 3a. CURB AND GUTIER W/CUTOFF 3075 LF 521.50 5 66,112.50 4. V ALLEY GUTIER SF 512.50 510.00 58.~ 5. HANDICAP RAMP 12 EA 51.200.00 5800.00 5700.00 5 8 ,-lOO. 00 6. TYPE B-1 CURB LF 512.00 59.50 57.50 7. TYPE AI-B3 CURB ~5 LF 515.00 $12.00 $10.00 $ 2,550.00 8. COBBLESTONE MEDIAN SURFACE 821 SF 512.00 58.00 55.00 5 4.105.00 9. P.C.c. DRIVEWAY CONFORM SF $7.00 55.50 54.50 10. A.C. DRIVEWAY CONFORM SF 54.50 $3.75 $3.00 v. P A VE.'iENT 1. ASPHALT DIGOUT AND REPlACE 2465 SF $5.00 53.50 52.50 5 6,162.50 la. AC REMOVE & RESTORATION 104 CF 52.50 5 260.00 2. PAVEMENT WEDGE CUT (6') 150 LF $5.00 52.50 51.50 5 225.00 3. PAVEMENT GRINDING SF 50.80 50.50 50.35 4. PAVEMENT FABRIC (PETRO-MAn 14 SY 52.00 51.85 51.50 5 21.00 5. ASPHALT CONCRETE (TYPE A) 1705 T 580.00 550.00 535.00 5 59.675.00 6. AGGREGATE BASE (ClASS 2) 3080 T S40.00 520.00 512,00 5 36.960.00 7. SLURRY SEAL (TYPE In SF SO.07 50.06 50.05 8. SLURRY SEAL (TYPE III) SF 50.11 SO.09 50.07 VI. TRAFFIC SIGNALSILIGIITS 1 LS 597.500.00 5 97.500.00 1. DETECTOR LOOP (6' ROUND) EA 5450.00 5300.00 5250.00 ~ DETECTOR LOOP (6' x 30') EA 5650.00 5540.00 S440.00 3. DETECTOR LOOP (6' x 50') EA 5900.00 5750.00 5640.00 4. ELECTROLlER \0 EA 52,600.00 S2.l00.00 $ 1.800.00 5 18,000.00 5. 1 It:" RIGID CONDUIT 1581 LF $9.00 $7.00 55.00 5 7,905.00 Page 2 ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION UNIT QTY < 530K 530 K [0 5150 K > 5150 K 5 AMOUNT 6 2" RIGID TRAFFIC SIGNAL CONDUIT LF 5 17.00 5 13.00 5 10.00 7 CONDUCTOR 4743 LF 5 0.70 5 0.85 5 0.45 5 ~. 134.35 8 PULL BOX (NO.3 1/2) 16 EA 5300.00 5240.00 5185.00 5 ~.960.00 9 TRAFFIC SIGNAL PULL BOX (NO. 5) EA S4OO.00 5350.00 5300.00 10 PULL ROPE LF SO.55 VII. STRIPING AND SIGNS 1. REMOVE PVMT. MARKINGS (PAINT) 162 SF 52.50 51.50 51.00 5 162.00 2. REMOVE PVMT. MARKINGS (TIIERMO) SF 53.00 52.00 5 l.40 3. REMOVE PVMT STRIPING 455 LF 51.40 50.80 50.-lO 5 182.00 4. STRIPING DETAIL 9 LF 51.35 SO.85 50.35 4.5 STRIPING DETAIL 22 1592 LF 51.70 50.60 5 955.20 5. STRIPING DETAIL 29 SF 53.80 6. STRIPING DETAIL 32 SF 53.80 7. STRIPING DETAIL 37 (THERMO) 65 LF 51.85 51.50 51.00 5 65.00 8. STRIPING DETAIL 38 (THERMO) 267 SF 53.80 51.15 5 307.05 9. STRIPING DETAIL 39 LF 51.50 50.85 $0.45 10. STRIPING DETAIL-lO LF 52.20 51.70 51.00 11. LIMIT LINE 65 LF 51.35 51.05 $0.90 5 58.50 12. CROSSW ALK. 12" WHITE 607 LF 51.35 51.05 $0.90 5 546.30 13. PAVEMENT MARKINGS (PAINT) 5F 52.50 51.90 51.60 14. PAVEMENT MARKINGS (TIIERMO) 201 SF 55.50 53.80 52.60 5 522.60 IS. PAVEMENT MARKER (NON-REFL.) EA 54.50 53.00 52.20 16. PAVEMENT MARKER (REFLECTIVE) 145 EA 56.00 54.15 53.15 5 456.75 17. TYPE K MARKER 2 EA 595.00 580.00 570.00 5 140.00 18. TYPE N MARKER EA 595.00 580.00 570.00 19. SALVAGE ROAD SIGN 3 EA 585 .00 575.00 565.00 5 195.00 20. RELOCATE ROAD SIGN 2 EA 5100.00 585.00 575.00 5 150.00 21. INST. RD. SIGN ON EXIST. POLE 5 EA 5200.00 5145.00 5110.00 5 550.00 22. ROAD SIGN WITH POST 24 EA 5300.00 5240.00 5195.00 5 4.680.00 23 INSTALL 1226S SIGN WITH POST EA 5240.00 24 STANDARD BARRICADE LF 515.00 Page 3 ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION UNIT QTY < 530 K 530 K to S150 K > SI50 K S AMOUNT VIII. LANDSCAPING I. IRRIGATION, PLANTING WORK I LF 51.575.00 SI5,6OO.00 S 15.600.00 2 PRUNE TREE ROOTS EA 5125.00 5100.00 585.00 3 TREE REMOVAL 4 EA 5650.00 5500.00 S4OO.00 5 1,600.00 -l. ROOT BARRIER (12") LF 520.00 510.00 56.00 5. ROOT BARRIER (18") 720 LF 525.00 515.00 510.00 5 7,200.00 6. STREET TREE (24' BOX) 77 EA 5450.00 5325.00 5250.00 5 19.250.00 7. STREET TREE (36" BOX) EA 5700.00 5550.00 S4OO.00 8. TOP SOIL BACKFILL CY 515.00 9 IRRIGATION LS 51.300.00 5675.00 IX. MISCELLANEOUS I. PEDESTRIAN BARRIER LF 575.00 560.00 550.00 la. SCVWD CONC. PAD 1000 SF 58.00 5 8,000.00 2. CHAIN LINK FENCE (6') LF 515.00 511.50 59.25 3. RAISE MISe. BOX TO GRADE 1 EA 5300.00 S200.00 5175.00 5 175.00 4. RAISE MANHOLE TO GRADE EA S4OO.00 5275.00 5200.00 5. INSTALL MONUMENT BOX 9 EA 5450.00 5350.00 5300.00 5 2.700.00 6. MEDIAN BACKFILL CY 519.00 517.00 515.50 7 RESET BENCH MARK LS 5150.00 tJMt SUBTOTAL 5 899.009.95 PREPARED BY: CRUZ S. GOMEZ P~t 10% SECURITY ENFORCEMENT FEE S 89,901.00 REVIEWED BY: l. HAROLD HOUSLEY V' TOTAL ESTIMATE FOR FAITHFUL 5988,910.95 APPROVED BY: MICHELLE QUINNEY PERFORMANCE SECURITY 5988.900.00 'See Section 66499 A of the Map Act. h: \excelllanddev\539westc(mp) Page 4 ~ ISSl.I~DA~ IMWlCCIYY) n THIS csmAc.\TE IS ISSUL. AS.\ MA1'TER OF INFORMATION ONLY A CONFERS NO RIGHTS UPON THE CsmRC.,uE -HOLDER. THIS earn NO OOES NOT AMEND, EXTEND OR AlTE.~ THE COVEtiAGC AFFORCED aFlC\y THT'E F'OUOES BELOW. E COMPANIES AFFORDING COVERAGE ?ROCUCZl ~A ~AHY S iNSUREO CCMPAHY C I...E'liCR ~AHY 0 CCUPAHY e IDlR I ~ -'-'-'-~~'~'''~~''~:;;.,.~r~~-A.'_'~'':~~'- ..~-;:c~_ --'--""'-.. ~_~~ ... C::'1E~AGES?-..-_._...; =_.~"=_ _,~ . _:-=-- __ _-_ _ ~...;;;---- ~- ,,"~,-.:.._... -'=r.;;;,-i'~.! 7"",IS :s 70 CE'lTlFY 'THAT THE ?CWC:es OF INStJfW\I~ USTED aacw HAve BEEN ISSUED -m THE :NSURE: NAMec $.~~l.f."S;:C:2r( ?s:lICC :NC:CA7"";!:. NCi'NlTHS7ANCING ANY ~ecUlRE.\tENT. i'E,=;M OR C::NCmcN OF).NY O::N'T'RAC' OR Or~E::l CCC.1M~~ . -';:l"':":-:- ~NHIC:-i i'MIS C::=rriFiC':'7E .1,1.),'( 3E !SStJec OR .YAY FEFlT.AlN. THE INSURANCE AFFJRCED BY THE ?CWC:S OESC:'118ED ~E.=!EN IS S1JB.;E-~ iO AU. 7'HE TE.::;MS. :XC:':JSiCNS mo C::NomCNS OF SUO; ?CWc:es. UMITS SHeWN '-AAY HAVE SEEN AE!:JUCS BY ?AlC C:.AIMS. I POUCT ~ lPOt,;c:'l' EXP!FUT:CN 'l"'n'!: CF INSURAHC:; POUC"f NUMBER . DATE (M1IIC0IY'f1 I OATE i/.lMICC/YV) , c:= .7'l i L.:JolrT'S a;;:'''lE;UI.~all_"7"!' i X C::MMS~ GE."I~ UASIUiY ; A . ! C:.,uMS MACE: X ! OC:::-':Rj , CWNE.""S 1 C=~R'S i'1'IOTi 11101195 11130/96 3E."ISAl. ~EG,l.TE : S ;It;c:::uc:-~l.IP!CP 4Gu. ,S ?9SCNAl.. <II JoI:JV. :N.;l.:~ 's :AC.-i cc::'w~~ ! F'i'\E:J..uu.GC w., en. nntl . S "'EO. =:a>ENSC (Am o:rl. o."an S 1.000.000 ~OOO.OOO 1.000.000 1.000.000 100.000 5.000 ..un::lolCSIL.:; L.:A8IUTY x . N('( AUTO , C=l.IBIN5:l ~ ! U/.lIT I is 1.000,000 ! ..w.. OWNEO .wTCS .-\ ~ SC:.;e::U~ .wTCS X HIRE:) AlJ'7"CS T NCN-CWNE!l AurcS , G.Ai'1AGE ~UTY 11130/96 , : 3CCn.Y INJURY i (~oouw:nl 11101195 is I : 3CCIL Y INJURY ;~ =::we) is ~c?9'7Y OAW.GE :::cc:;.ss ~au.."7"!' ~H CC--:';;:lREN~- . ~G,l.o; : S , Q'rrfE::l "'.AN '.JM8REI.U FeR'" ...::.~.......,;<~.... :-! ;.._.... .'A.....,._.:.._ - .------ c WORKErS C::UPetSATlCH .u4C ~ . A Tl.."TCRY ~\UT''S -- --:.~'~~..:..: S\lP'..=r~S'" w.ASll..:rr INCLUDE .C::TTRROGATION CLAcrSE 04/01.:95 04/01i96 ::'~:-i ....c::cerr . s 1.000.000 1.000.000 1.000.000 ':ISE."-SE~LC':' ~~.c~ ' s ::s,,-..se-=....o\C-i S'.lP'_:~ s C7:-i E.~ : ~s C;;IPT:CN CF CP!.'lA TICNS.1.CC.\ TlCHSNEliIC:...ESISPEC.ll.lTaIS ~e: p=oiec":/per.ni.t Number and Location of Work. All work i.:1 publis .::-ight-of-way. C:.~.; of Campbell, City of Campbell Redevelo~~~ ^gen~I, its officers, employees and vol~tee=s are ::.amed as additional in~np"Dd~ ;:t~ rDC:T"\D""'" liabilitv,.ppr .r..r: '('l~a. _ . . . ",,",_~_",,="~' ,-- -=~C' ...=:-:=~:=-.,;,;,""" . ~~,<:-~~~-..'CANCE.!.;A1iON '-~',!"r:.l1.DaV"Not.k:: lar::.'ioa--P:JYDlent or~um- :'"'~-=;.,: -.-- ..::......llr.-C:..' .' '-'''''',. ~.._~_._~.:. -. .~--~ ____ _.:: ; SHCtILO IoN'( OF THE AECYE CES:;:;13S ?CLC:E5 SE CA.'.jC~;... =:::-'~r'.E 1"'_ " ~ ~ EXPlRAi:CN OAT: THERE.:F. r,...E IS3i.::NG C::MP~,'i':' 'N1~ ~ I ~1 MAlL 30 CAYS 'NRI'i":"EN .'leT.::: "7'C 7"",= cs::riiPC,,7: :"'C-':=.:; ,'~A.\i8 70 -;-,...= ~i ~ -:::::""'..';ra",,"if'~~~.1~:or~~~~~~~~ ~ ~ ~':.r, dl.tli:IX"..,11.., .....~1ac::~:'C::::':2Jt::~u:~.~ g.~', .AlJ'T'HORIZED RC"DCI:'~U-'1-J~ J ~. rf CITY OF C~ytpBELL A~: DEPT. OF PlJ"BLIC WORKS iO NORTH FIRST STREET CA.'v1PBELL, c.-\ 95008 POLlCY NUMBER: ~aMMERCIAL GENE.~L UABIUTY rrllS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULl.Y. ADDITIONAL INSURED · OWNERS, LESSEES or CONTRACTORS [Form A] Tnis enccrsement modifies insurance provided under the following: COMMERCIAL GENERAL LlABILlT'r' COVE?AGE PART SCHEDULE Name at Perscn or Crganizaticn (Additicnal Insured): Lecation ot Covered Operations RE: All wor.k in publi. -:: riqht-of-wav. ci tOT of Campbell, City of Campbell Rerl~;el~?~e~~-~g~~C?: i~s cffice~s, employees and vol unteers are named as addi tiona.l insureds as respects liability per CG 2009. cm OF C).MPSE-l.. AT'i"N: DE?T. OF ?lJBUO 'NORKS iO NCRTii FiRSi SiMEEi' C).MPSELl.. C). 95008 Acvar.ca ? ~emium 8ccily Injl.1rj and Prc~err'f Damage Liability Cost Rates (Per $1000 of cest) 5 Premium 8asis T ota! Advanca Premium $ (If no entr; acpears atove, inferi'i'iatien required to cemple!e this er.dcrsement will be shown in tt:e Declarations as apl=iicatie to this endorsement.) 1. WHO IS AN INSURED (SeCon II) is amended to ir.e:uce as an insurec the ):erson or organizaIion (cailec 'accitional insurec- shewn in the Scned- L;ie :t,;! cniy with ies;:~ to lia1::iiity arising out of: p... "(et.:r wcr.<" fer the accitionaJ insured(s) at the lccation designateC atove. or 8. AC:s or emissions ot the additional insured(s) in c:::r.necticn with their ~eneraJ supervision of 'ycur woro<" at the lecation shown in the Schedule. 2. With resc~ to the insurar.cs afforded these ac::it:cnaJ insurecs, the fciIcwing additional ;: rC'/isiens acciy: p... Ner.e of the exc:usicns under Coverage A, ex::sc! exc:usions (al, (c), (e), (f), (h2), (i), ar.c ::m), accly :e. this :ns;,,;rar.es. 5. ~.c:::ticnai Exc:usicns.. T:'iis i~st;rance cces net acely to: (~) 'Sodily Injt.:r/ cr "prc~ert'J damage" fer which the accitional insurec(s) are cciigateC to pay damages by reason ot the assumpticn at liability in a central:: or agreement. T;'1is exc:usicn dees not a~cjy to liatiiit'j for damages that the additicnal. ir.s;.;rec(s) WGl.1ld have in tt:e atsencs cr tne ::~trac: or agree~ent. (2) 'ccCiiy ir.jur/ cr ";:recerty damage' cC::lm~g atter: (a) All work on the praiee: (other than service, maintenanca, or repairs) to be ;:erformed by or en behalf of the acditionaJ insurec(s} at the site of the cevered operations has teen cem- pleted; or (t) That porticn at "your. wor.<. cut of which injury or damage arises has been pt.'t to its intended use by any persen or organization ctt:er than an- other centrac:cr or sui:contral::cr engaged in performing cceraticns for a princ:=al as a parr at t"1e same ): rc i ec:. (3) "Setiiy injt.:rt or ";:rccer:'f damage- ar.sir.g ct..'t:t any ac: cr Cr:-::SSicn of the acCitionaJ insure<.i(s) or any at their em- piGYe€s ott:er than the general superli- Sian at wcr.< performed fer tt:e additional ir.s~red(s) by you. (4) 'Pr-:::certy damage. to: . (a) P;operry owned, used or cC::::.Jpled by cr rented :0 the additicnal insured(s); (t) P rcpert'l in the care, c:..:s:cdy or cen- trel of the acciticr.al inst.:red(s} or ever which tt:e acditicnal insured(s) are fer any pur::ase exeer1sing phys- ical ccmroi: or (c) "(cur wor.<J fcr the ac::itionaJ in- sureC(s). _ ___ '"'__,;,....... (jffir-~ Inr- 1CR4 Insured Name Policy # PRIMARY WORDING; SUeJEw-r TO ALL OTl-lS TSMS AND FRCVfSIONS OF THE POUCY, SUCH INSURANCE AS PROVIDED BY rriIS ENDORSEMENT SHALL BE DeMEl PRIMARY, BUT ONLY WlTri RESPECT TO WORK PSFORMED BY OR FOR TriE NAMED INSURED IN CONNECTION WITri rriE ABOVE DESC::1IEED CONTRACT. o~'C.4At ~. .o~ t~,..;..,..~ U . f"" . . .... .. i- ... ~'O ,,' <tCHAV.~' PblvU. -- tA{ I ~ t-o~~ ~ R. . t::" ,. . t- . t .' 1 .. "-." '.; .-'" ..",_' f Nnv 1 R" .. 1998 W,v1/ ,I,. ,~..., I/!:.; ("'I ,.1/ II, ., ! .f(' CITY OF CAMPBELL November 18, 1998 City Manager's Office' Redevelopment Division -Jr. ({ ~17 Wayne T. Miyahara, Vice President Regional Development/DRE Services 701 Miller Street San Jose, CA 95110 Dear Mr. Miyahara, As a follow up to our meeting on November 17th, this letter is to confIrm that the Redevelopment Agency has a Disposition and Development Agreement (DDA) with WT A Campbell Technology Park for the sale and development of 19.58 acres (the Property), formerly known as the Winchester Drive Theater site. This DDA acknowledges the sale of the Property to WT A Development and the entitlements issued by the City Council in December, 1997 to construct a 280,000 square foot research and development business park on the Property. The DDA will be recorded with the Property at close of escrow. The Property will be conveyed by the Redevelopment Agency to WT A Campbell Technology Park, LLC by means of a meets and bounds description. Should a Final Map not be recorded in a timely manner, the Agency and City of Campbell will certify by instrument of a Certificate of Compliance that the Property is a legal parcel. Should you have any questions, please do not hesitate to contact me. Sincerely, einrichs Redevelopment Manager cc: Howard White, WT A Development Michele Dillabough, WT A Development Bob Kass, Public Works Director Michelle Quinney, City Engineer 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2110 . FAX 408.379.2572 . TDD 408.866.2790 O~'CA"t /..,4..' A~~ ... t"" U t"'" o 0 '" .. 1- ... ~'o ,,'" -t C H.....1> MEMORANDUM CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT TO: Michelle Quinney, City Engineer Harold Housley, Land Development Engineer DATE: November 12, 1998 FROM: Cruz S. Gomez, Assistant Engineer ~~ SUBJECT: 535 Westchester, PD 96-06, TS 97-01, S 97-05 Storm Drainage Area Fee APN 412-29-007 was annexed on July 12, 1967, per Annexation 1967-1. The initial site approval application filed with the City was "S" 69-79 on July 6, 1970, for a 224 unit apartment complex for the site. The conditions of approval did not include a storm drainage area fee. Subsequent applications for the site are "S" 71-6 on March 2, 1971, for a third screen at the site. Again, no condition related to drainage area fee; UP 76-8, July 1, 1976, increase to five screens; UP 79-35, January 15, 1980, for sixth screen; "S" 84-16, September 1983, research and development complex. None of the above applications made any conditions concerning drainage area fees. I have also researched the City Clerk's file. There is no record of fees having been conditioned and/or paid. Cc: 535 Westchester H:\landdev\windrin\stormfee (mp) Of'CAAt ~4.~' .(l~~ U ." ~ . .. .... - ... 1- ... ~'o ,,' -'CHA\l.1> CITY OF CAMPBELL Public Works Department October 30, 1998 Kevin Maple HMH, Incorporated 1570 Oakland Road, Suite 200 San Jose, CA 95161-1510 Re: Campbell Technology Park Right-of-Way Acquisition Documents Dear Mr. Maple: Attached are the City's comments for the plats and legal descriptions summarized as follows: 1. Lands of WT A - Campbell Technology Park 2. Lands of Petersen 3. Lands of Zanardi 4. Lands of Santa Clara Valley Water District 5. Public Utilities Easement In addition to the comments noted on the plats and legal descriptions, please: a. Show easements on 1, 2, 3 and 4 above. b. Provide existing deeds for 1, 2, and 3. c. Provide releases from lenders for 1,2 and 3. d. Use the City forms for the Grant Deeds and easements previously supplied (copies attached). Will there be any escrows for the acquisitions? Please give me a call at (408)866-2158 if you have any questions. Sincerely, / Mv~aJ~ 1. Harold Housley, P.E~ Land Development Engineer Attachments cc: Ken Neumeister, Huettig & Schrom, 900 Welch Road, Suite 10, Palo Alto Kirk Heinrichs, Campbell Redevelopment Agency Michelle Quinney, City Engineer . h:\landev\windrin\hmhltr(mp) 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.376.0958 . TOD 408.866.2790 09: 57 A P.02 liS If,tww ~ I r,,(TTlC'& SCHIIOMM, INC October 28. J 99& City (If Campbell Cicy Manager's Office - Redeveh'>pmcnt Division 70 North First Street Campbdl. CA 95008-1423 Ann.: Kirk Heinrichs - Rcd~vc1(lprrll;nl Manager Rc: Cimpbdl TCl:nnology Park a WDT-Developmem Unresolved Issues Update - Response Job H 96-088 Dear Kirk: Thank YllU ror you pn:Hnpl anCTllilln LI) my pn:violls It:tter. dated OCll)hcr 26, 1991:!. The following is a summary of our conversation yesterday regarding thOSl; matters. 1, Dedicarion c2nd east'fnent agreement." for thlf dulicarion of rhl! public.' xlrr~l~t and ClS naded for tlw proposed storm draill down PcUto de Palomas. ..' " HLlrold should be complete with his review by 10/28/98. I will CI)nl,H:1 him to verify. 2. '..l.l1u!.)(.'ape plWI ch(~cJ:. comment 1"(~ga,ding an irri.,?uti,m C.'cJIltroller...., You had talked with you land-,capc departmenl and it was agreed that a slanduru irrigation control system just ad~quate for thc public ROW street trc~s wl,luld bt: "lilh.it was nt~c~ssary for installation at this time. The City will add on to or upgrade it a... Ilccc$S<1ry when the Cily Cllnslrul:ts the Park. 3. Landscape mainlt'nanc:t' ugrecnWIll...... The City will creale Lhi ~ d<'l<:ument. but it will m)1 be n:quin:d to be cxcclll~d prior to release of the off-site pennits. 4. Traffic ,\'iWIUI (./1 Unio1l Wlfl Mc:(;li1lcey regarding the' vicl(~o rletc~cri(m ~'Ysu:m (lnd a wi rdl!.\'S intercOrlllefl . u... The City will Clltllribllk toward the diff(;rcllce in l:()sL bclw~en the standard wst and the upgraded coo;{ of this equipment co<;t 01' provide lht: equipmcnl and OUf wntract will imtall. A !\~parall~ agfe~ment hetween the City & H&S will be fllm1alized. 1 will coordinate this agrl~i.:Tm:m with Peter Eakland. 5. Stre{~t light improvemem cool'dinarion WiTh PG&E..... The City should clmtact Charlie Bergholm at PG&E (40~) 725-3366 lo {:oordinatc prllc\:'dun;s and requirements. You will also need to Sd.uIJ an electrical senin~ .lPplicatjon and Jocntion for the Park service point. 6. PG&E 10-fooT t'aSt'fnenT (or P. f).E.) on lhe park side of the! R.o. W. , ..., Thi~ item should !lul bt a problem and [he Cily willl:oordinale. ~)OO Wdd, R'_JrJJ, SUII"" 1 0 . rob A!tt'), Cnlibrrli(l 9L1:J04 . (6.50) 322-2121 . Fnx: Itl.'iO) ~L/:.?-)OL(; 09:57A P.03 e,:OImphcll T\~chnolf)gy r"r~ " 'W1A[1l.'~duJ.lllJenl . page: ~ 7, Watu sfrvice. & meter requirem(mrs/or the. four-acre park.... Bill Hdms is coordinating with San Jo!'e Water, After we hud talked our landscape ..rchitcct was asking where the meter, controller nnd clectrical service would bc'? I told him to plan~ it Denr the entrance of the Park, near the pond (east corner of park) with a note to ~'erify location with the Cit)" prior to installation. 8. Dirtfor rile park.. ...It is very unlikely that the City would he able It) use any of our off-haul dirt. If YOll should have any questions or corrc<.:tions. please do not hesitate tu caJJ me. cc: RDT.EEV HJW H:<"Ti>kirk. Of' CAAt . <b f.,.~.-Jl~ ... r'" (.; r'" . . .' . "" : .- ~ <. ~. ,,' I)"CH~"'" CITY OF CAMPBELL Public Works Department October 30, 1998 Kevin Maple HMH, Incorporated 1570 Oakland Road, Suite 200 San Jose, CA 95161-1510 Re: Campbell Technology Park Right-of-Way Acquisition Documents Dear Mr. Maple: Attached are the City's comments for the plats and legal descriptions summarized as follows: 1. Lands of WT A - Campbell Technology Park 2. Lands of Petersen 3. Lands of Zanardi 4. Lands of Santa Clara Valley Water District 5. Public Utilities Easement In addition to the comments noted on the plats and legal descriptions, please: a. Show easements on 1, 2, 3 and 4 above. b. Provide existing deeds for 1, 2, and 3. c. Provide releases from lenders for 1, 2 and 3. d. Use the City forms for the Grant Deeds and easements previously supplied (copies attached). Will there be any escrows for the acquisitions? Please give me a call at (408)866-2158 if you have any questions. Sincerely, / ~~~ I. Harold Housley, P.E~ Land Development Engineer Attachments cc: Ken Neumeister, Huettig & Schrom, 900 Welch Road, Suite 10, Palo Alto Kirk Heinrichs, Campbell Redevelopment Agency Michelle Quinney, City Engineer h: \Iandev\ windrin \hmhltr(mp) 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.376.0958 . TOO 408.866.2790 Oct-26-9B 11:41A P.02 HS HUETTIG ,~ SClI~OMM, INC. October 26. 1998 City of Campbell City Manager's Office - Redevelopmenl Division 70 North Fir$l Sln:t::1 Campbell, CA 95008- I 423 Attn.: Kirk Heinrichs - Redcvdopmem Manager Re: Campbe::ll Te{:bnology Park a WDT.rkvdopment UnrC$oIVf;;d h~ues Update Job # 96-088 Dear Kirk: The following is J. list of iS5ue~ that T am pursuing that I would appreciate your help i 11 expediting. I have: dthl.:r disl.:ussed these i(em~ with Harold or Tim or will be talking to who ever is n.:sponsible. but would appreciate; if you could follow up on them and let me know of thdr stams, hy lhl.: end of this week. /+ ,"" ~ //.. l, Dedication and eascment i'lgn:emems for the dcdil.:<ltilln of the public street and a:; n(;i.:lkd for lht: proposed storm drain down Paseo de Pall)rTl:is. H,trold will be reviewing these docuTTll.:nb early this week. It is becoming critical that wc havl: lh<.:st: dOClJm~nlS so as ro establish jf therc an; ,my potential pr(Jhkrn~ with the adjacent . property owners and Sl.:l.:urt: the Off-Site permiL~. 2.)' Tlwre is an off-~ite landscape plan check comment regarding an irrigation controller ,/ for the four-acre park area that seems to imply that we will he r~quircd to inslall a +/- $4,000 systcm. Obviuusly, we are installing irrigation for the SU'CCI tnx., on Iht: park side of the street but wc arc nlll rc.sponsible for a cO[1lroll~r the entire park area will \lse. How will the City contrihlHc tOwards this requirement. if it remains a part of the Off-Sile impruv~mt:nt package? 3) The City has not yet pl'cpan:u a Landscape maint~nan<:e agreement for our rcvi~w. .- T'rn assuming that we will not be ahh: tll bt: a permit wilhuUI il. V Tlw trarr;~: .sig~aliwtilln at Union and M(:Glinr.:~~ has two i(cHl~, which, accordin~ to our SIgnal engineer (PANG Eng., Inc.), are questionably excessIve ()f no( appropnate for the conditions, These arc a video detection sysrcm in lit~U of the normal cuts in the pavement and a wireless imcrcoonect ENCOM systcm Our t.:ngineer and your cngin~t,;rs SCi.:m not bl.: 10 ~nlirely sure of lh~ tutal scope of required work. Th(;~(.; item.'. Were ncver pan of any carlit.:r design or hudgl:l and nur was it specifically called om in the Conditions of ApprClval. It has be(;n our cxpericnce wilh iTl."ilallation llf other signals that when a Cily is requesting this type of experimentation or is looking fur1her into the future than rcquired for now that the Cily has madc 900 We:,lch ~:o(J(:J, SIJir,~ r 0 . Pule) ,6.1 to , ColiforniO '14304 . 16501 322-212 I . FClX: 1(50) 322-50:;(,) C_.. (-',. ... . Oct-26-9B 11:42A Cdr7, lit, , ,/1., I, /.f;<,C,:,~ r - "~',/).:~ i'\./ ,/ 'J ~")K ' ' ~-' /: /"::/ I / ' P.03 //115,7':' Cllmphcll TL~dlllolugy Park u WTA-I).~\'clopJllerH . page: 2 ,Ah Cl>nlributions towards the equipmenl and we have installed it How is the Cily going to handll: this equipment cost'? 5. The City of Campbell will need to ,-'oordinate thl,; street lighting improvemcnt~ with PG&E so as to I1Ql delay any of thC<<l~sig:il:-<il1d cngin~iirigA'cquired for CTP. 6. PG&E is also requesting a lO-foot casement (or P.lJ.E.) on the park side of the R.O.W.o 1 don't think this is our responsibility to purSlIl.: and 1 do 111)1 know if anyone from the City has taken this responsibility. 7. Has the City coordinated waler service & meter requiremenls for the four <ll.:re park with San .T()~I: Water Company? 8. Wuuld the City he interested in any ;'dirl"' for the park thaI we may need to off-haul? Thi!\ might help if there is any mounding necul,;d as was done at Fi.~her Purk. A~:; €!.I~Je7 If you should have any questions please do not hesilat~ lo call me. I SinC~.~~dY ~/ Z ' ~ - ~ :/f.. C I", / <nnelh A. N.nl11ei'le~ Project Managel'- ATch:t1r cc: RDT,EED HJ\V H:C.TPkilk Of'CA-i( ."",' .b~ " " ~ ... .... (,,; l- ... 10... ... , ,,' O.qCHA'ilO CITY OF CAMPBELL Public Works Department October 5, 1998 Kevin Maple, P.E. HMH, Inc. 1570 Oakland Road, Ste. 200 San Jose, CA 95131 Re: 535 Westchester - Campbell Technology Park Check Print No.1 for the Parcel Map and Improvement Plans Dear Mr. Maple: Enclosed are Check Prints #1 for the tract map, street improvement plans, and public storm drain for the above-referenced project. In addition to the red-lined comments shown on Check Print #1 of the parcel map, the following comments are also applicable. Refer to the check print for the corresponding letter, such as A, B, C, etc.: A. Describe in detail, on all found monuments, including those found in standard city monument boxes, the character of the monument. State if it has a tag and number or no tag. Indicate its position as being flush (fl), down (dn), or up x inches. Note map reference or no reference as appropriate. B. Are these the actual monuments referenced on Tract No. 3599? C. Compare to record, all distances measured, and bearings as appropriate (typical). D. Please use leaders (from point to point or monument to monument, etc.). It will be much easier to understand and interpret the map (typical). E. Nolte and Associates found a monument at these locations. Search diligently. F. Paseo de Palomas is designated as a PRIV ATE STREET. The appropriate right-of-way must be acquired or verified that it exists prior to construction. To the best of our knowledge, we have not yet received on site grading and drainage plans. Concerning access from McGlincey Lane, I will return the legal description/deeds along with our comments in the next few days. 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.376.0958 . TDD 408.866.2790 "" Kevin Maple October 5, 1998 Page 2 After you and the responsible surveyor have had the opportunity to review these check prints, please give us a call. We would like to complete the plan check process as soon as possible. cc: Michelle Quinney, City Engineer Frank: Cauthorn, Building Official h: \landdev\S3SwestS(mp) Of' C.44( f.",~.' .b.&>~ .... t'"' U r- o 0 .... ... ~ .. ~. c,'" oItCHA,\\.'O. MEMORANDUM CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT TO: Harold Housley, Land Development Engineer File: 535 Westchester Drive DATE: September 1, 1998 FROM: Cruz S. Gomez, Assistant Engineer~aa SUBJECT: 535 Westchester Drive Paseo de Palomas Storm Drains, Easements On March 27, 1967, the City entered into an agreement with the owner of the mobile home park to install public storm drain facilities on Paseo de Palomas, 5 feet south of the north line, from Union Avenue to the west line of the park site to serve the then Winchester Theater site. The owner was also to grant the City a 10 foot wide easement along the north property line. I have not found any record of the easement being granted to the City. The current proposal by the engineers of WT A shows a new storm drain line along the southerly line of Paseo de Palomas which will require a new storm drain easement which WT A is required to obtain from Paseo de Palomas, Inc. Please have WT A determine whether the 10 foot wide easement along the north property line was ever granted to the City and if it was not granted to the City, have them prepare the documents at the same time that the documents for the other easement are prepared. See attached Agreement recorded March 30, 1967, in Book 7679, Official Records, Page 709. H: \landdev\535westl (mp) J2021704 THIS \larch hereinafter a municipal referred to ~,/ AGR~EMENT~ AGREEMENT, made and entered into this 27th day of , 1967, by and between MACLYN L. MORRIS, referred to as "0wner" and the CITY OF CAMPBELL, corporation of the State of California, hereinafter as "Ci tyll; '-r'~fl ... r},) eGG~. ! n I.) ~I,;.: It ~. WITNESSETH: WHEREAS, OWner is constructing a mobile home park requiring the installation of storm drainage facilities: and WHEREAS, City desires to provide sufficient capacity in said storm drainage facilities to adequately serve certain adjacent properties; now therefore, IT IS HEREBY MUTUALLY agreed by and between the parties hereto as follows to wit: (1) OWner shall convey to City a ten (10) foot permanent underground storm drainage easement. Said easement shall occupy the northerly ten (10) feet of the aforementioned mobile home park site and access road from Union Avenue. (2) Owner shall construct certain storm drainage facilities as shown upon the improvement plans as approved by the City Engineer of Campbell, within said underground storm drainage easement. (3) City shall reimburse Owner for said construction in the amount of Nineteen Thousand Nine Hundred Eighty Three Dollars ($19,983.00), said amount considered to be reasonable and equitable by the City Engineer. Said reimbursement shall be paid to ~vner upon completion of construction of aforementioned facilities and subsequent acceptance by City for maintenance for the balance of their useful life. ~~ (4) Owner shall file with City, upon execution of this Agreement, a bond in the amount of Nineteen Thousand Seven Hundred Eighty Five Dollars ($19,785.00) to insure full and faithful performance of the construction of the afore-mentioned storm drainage facilities. Said bond shall guarantee that Owner will remedy any defects in the afore-mentioned improvements which shall appear within one (1) year from the date of acceptance of the work by City and pay for any damage to other work resulting from the construction thereof. ~... ,-- -. ~ 'r: ....., .... ~ gt~ ~ ~ ~.h ~ ~\\ ~~.. ~ :z:. '..' ::c .-:- >- ~ ::.:t;! ~~ ~lyl25? \ ;:0 C ; L.-_-" ~ I (\ ~;' -'J ~ ~\} '-' '- ~ ~ ~~ ~ ~ "'. -0 (n . ~ 3: ~ --of ~\ '-.-I o 0 Co:) <:5 ,~-~ ..~ ~~. .,/~_.. 1 of 2 :<; -. ~ -.-' ~ :-.=:t rn ~ l.:) : ~ ~~ - ..... ZO -f ,;.~ -< BG~ 767!] r',',C~ 710 (5) Owner shall indemnify and save harmless the City, the City Council, the City Engineer and all other officers and employees of the City of Campbell fram any suits, claims, or actions brought by any person or persons for or on account of any injury or damage to persons or property sustained or arising in the construction of the work due to any acts, omissions, or negligence of OWner, his officers, agents, employees, or contractors. Owner further agrees that the above-named conditions shall bind the heirs, successors, administrators, or assigns of the Owner. ." ....,-:..,..,,.... IN WITNESS WHEREOF, said City has caused its l1~.~~~"j.L be hereunto affixed by its Mayor and City Clerk,1QJ.'a=r.eun'E&;,.,j" duly authorized by the City Council, and said OWJii~q"'has .' hereunto caused his name to be affixed the dayang.,,:the . ",. year first above written. ,< ~'" : .... . ~,~ L~ :~". ::....> CITY OF CAMPBELL,;;';'.. ' ,'" -... ~,'- . .;.~." i\\...,', /..~,' ".. .. '. ,. _ : ':,\i~:' ~'_ "\ ;~:.' ;./~( ""," .. {:.,. . .( /,J,/:.if': ,~s{".,?' . .. APPROVED AS TO FORM: Joseph A. Bonacina, City Attorney .,- ;' ... -.// ...........\ ~ '--;;7 V/. __ -.-r7, /~ . ..J- . c:/1J~c. ';.//y ~ .?-C~ _L Z <..e <C ~~h""- uorott;y/ I'revethan City Clerk OWNER c/ '-7.. /, ...-;7' / . /.' / ' / // / -' L/ i I /' / '/ /' v//'0/:/ ( ,>Y,~'~/?~' /. j / ~ /;' / b ' ?""" ? .....- Maclyn L. ' Morr is ~nn:'::::f::;:':~~~_nn__} ~. , . BOO! 7679 I.\CE 711 On this...eP.2.....mm...day rdm..~m..................m..in the year one thousand nine hundred and..A~..~.~m before me, ..C1a.JJ..ztI;.!"'7lJ...~.a..",.ta~....m.m.......m.............mm"""7:J..m, a Notary Public in and for the.........~......... .c:~~,:,:;::~.:::~~( . County of...m.~a~:...l.."t~m.........., State of Califor':J:J duly commissioned ;~ '\ · .. ; ^ and sworn, personally appeared ....~yal.l.L._1?1~!.,.....................m.....m...... J'\ ~ . ^ .;- .., /tJ.' 'I '. . /A" . . . If II "j, I t tr ,! r~ ----..-.--..----....-........--..........-..---............--.-----........-.-..-...---------....-..---...--..----.--------.--......_-._-.._----_. \ " . ..;' .\ .~ \~ -.............. no...._......... -- m............................ --................... T .,............................................... known to me to be the person......whose name......~.......subscribed to the within instrument and acknowledged to me that......he......executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the..m....dt:.u.;cl.m............County of..~.d~.C.eI21A.2..........the day and year in this certificate first above written. .-,. .N~~~;:;;p~bii~.i-;;g~;':'i!t~~~z:ih;:;:/. . CHARLENE r-1. BARB\'JO, "J0t[]rV gl!M~of California My Commission Expl res.........::<.ty. <::ur='i,"',-er..E.>;>......"-'-).......l-",, I. i967 GENERAL ACKNOWLEDGMENT ",,( ;-....' ,-" 'J OJ ~./')~3? ONNi~iJ ......, )c- 800! 77211"!c~ 28fJ " o THI S AGREEMENT, /ni~ hereinfter referred hereinafter referred AGREEMENT made and entered into this 1 , 1967, by and between MACLYN to as "Owner" and the CITY OF to as "City"; day of L. MORRIS, CAMPBELL, WITNESSETH: WHEREAS, Owner is constructing a mobile home park; and, WHEREAS, City desires to cause the installation of certain storm drainage facilities within said mobile home park to provide adequate drainage for certain adjacent properties; now therefore, IT IS HEREBY MUTUALLY agreed by and between the parties hereto as follows to wit: (1) Owner shall convey to City a seven (7) foot permanent underground storm drainage easement. Said easement shall occupy the southerly seven (7) feet of the aforementioned mobile home part site. .. (2) Owner shall construction certain storm drainage facilities as shown upon the improvement plans as approved by the City Engineer of Campbell within said underground storm drainage easement. All construction shall be in accordance with the applicable sections of the standard specifications of the State of California, Department of Public Works, dated July, 1964; and in accordance with the standard specifications of the City of Campbell. (3) City shall reimburse Owner for said construction in the amount of THREE THOUSAND SIX HUNDRF.D STX'l'V' EIGHT DOLLARS ($ 3.668.00 ), said amount considered to be reasonable and equitable by the City Engineer. Said reimbursement shall be paid to Owner upon completion of construction of aforementioned facilities and subsequent acceptance by City for maintenance for the balance of their useful life. (4) Owner shall file with City, upon execution of this Agreement, a bond in the amount of THREE THOUSAND SIX. HUNDRED SIXTY EIGHT DOLLARS ($ 3.668.00 to insure full and faithful performance of the construction of the aforementioned storm drainage facilities. Said Bond shall guarantee that Owner will remedy any defects in the aforementioned improvements which shall appear within one (1) year from the date of acceptance of the work by City and pay for any damage to other work resulting from the construction thereof. 1 of 2 J ~ .- c,. 5GO~ 7721 ?!.C~ 287 (5) Owner shall indemnify and save harmless the City, the City Council, the City Engineer and all other officers and employees of the City of Campbell from any suits, claims, or actions brought by any person or persons for or on account of any injury or damage to persons or property sustained or arising in the construction of the work due to any acts, omissions, or negligence of Owner, his officers, agents, employees, or contractors. Owner further agrees that the above-named conditions shall bind the heirs, successors, administrators, or assigns of the Owner. IN WITNESS WHEREOF, said City has caused its name to be hereunto affixed by its Mayor and City Cler~,thereunto duly authorized by the City Council, and said Owner has hereunto caused his name to be affixed the day and the year first above written. CITY OF CAMPBELL ~.~-~ :-....- ~- 0~r.!: /j ." / c/ _,' '0.yor ":~:~!!' " , - '- '""r.:~,"' . -, Ci'ty::%~~ler~ <;::. ..1....',..."',~. ,""',':~"""",,"" ~~ .. ) . _ ,Jr, _ .r. .' ;\/~~~<~,. . / . )[}Y{~:~:;;';Ff;~}:};: !'.:;:;~:;;:iF/~ c$~4~/_~f;{QA'=' / M::>,-,1 UTI T. M(')rr i !=: " APPROVED AS TO FORM: Joseph A. Bonacina, City Attorney OWNER ~nn:'::~~fn:r:O~nnnnn.} " On thi(:);a~""_u,,~ o~'L{5~......................in the year one thousand ni~e ~undred and,,,~u-"4f~ T, ore me, .::: _ :1l.U.... ._.. . - - .. "C~~~~;"~f"~4ulJi.:;.~.~~~~~~.,~;t~~Z: :; 9:li;:~n:~~:d'~'i;"~~:~d . ',:"":--''"'"'' and sworn, personally appeared ,...-~~f..~uu_m____m_....m.. ---....~lIAJ7l. '1. . '.... . ').. ..' . :,'. . ~. ~.'. ...' ._~-', ..~... (J "" ".", v ....-.--..........-....... .................................---..----...-.....----........-.....---..-----.. -- -- -..--......- -- -------............----- -....- --------. .~-~ --~_.. I " .. , -- ~. ----_.. ---~---_.... --..~.....-..-...._---~--..---._-_._---- .-.. --.._------...- -- -. - -..- ----- known to me to be the person......whose name....--L.:J!.m.._.s~b~~~i-b~d..~~-.~h;-:ui;;;i~ instrument and acknowledged to me thaL....heh...,executed the same. Offici~~ se~ li:~~~~._.~~_~~...~_~~::n~:reo~~-~~.C;::;;!!~~~_~_~~ day and year in this certificate first above written. 1 --.. .. " <> o -:: . )0 . : ... ..: . COtJ ~ ~". .. _./ ." ..' '" fl", '.. ..~. ........ ,\.. I' ". .t.. .. '\... ?.# . . . . . ' .... ')I'B~d }., ....-.....-----........&~~....22t._.....~'4af.?J Notary Public in and for the ....AaUL........_ C~:~t;..~f.~.;;ti~Zr-)____~ M Commission . CHARLE='7E ~1: B/\R.~\":O, Xotary F&btto of California y Explresm....Jlil..-Co.=l.:.;w~.I:;...JI<i"'..-0.,{tiWf....1. 1967 L VJ.. L .., .-- GENERAL ACKNOWLEDGMENT