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1681 Bucknall Rd. (96-01) -". . ORDINANCE NO. 1941 BEING AN ORDINANCE OF THE CTIY COUNCIL OF THE CITY OF CAMPBELL AMENDING TIffi ZONING MAP FOR PROPERlY LOCATED AT 1681 BUCKNALL ROAD, AS SHOWN ON TIffi ATIACHED EXHIBIT A, APPLICATION OF MR JOHN NICOLI AND MR. TOM SWEENEY. FILE NO. ZC 96-02. The City Council of the City of Campbell does ordain as follows: SECTION ONE: That the Zoning Map of the City of Campbell is hereby changed and amended by adopting the attached Exhibit A, entitled Map of Said Property, as per the application of Mr. John Nicoli and Mr. Tom Sweeney, for approval of a Zone Change for property located at 1681 Bucknall Road, from R-2-S (Multiple Family Residential) to PD (Planned Development). SECTION 1WO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation in the City of Campbell, County of Santa Clara, State of California. PASSED AND ADOPTED this 7th following roll call vote: day of October 1996, by the AYES: NOES: ABSENT: ABSTAIN: COUNCILME~ERS: Burr, Conant, Watson, Furtado, Dougherty COUNCILME~ERS: None COUNCILME~ERS: None COUNCILME~ERS: None /l~ ATTEST: ~ ~e Bybee, City lerk .'\{ ~ ~j U2; ~ U',.. "Q': ." ". / ~/ - '\.......,./- .. ", , 'RQ OR <" i ~ 'L ( / '" 't. ~. \ ~ ? \~~I ~"'I I~'LJ'~~ I-- - :ztrHJ- EXHHHT A ; ~ ~ (15 : < ~ -tQj ,..... ! ~ _ I .. 1 1-1- l- t .., _Ontono.., r:i--~I;:~I.. -- ~1' - Ln. ~ 0 _ ' ~ 2 42 e ---IZI' 0 S / J I-- f 1--., -+'-- 17/36 ::>9 F 1 ( , 'j r~""" ~- 1. NO cj ~ ~\d _ ~ J .nt SHOPPING '- '! ("'.. d! II.. n - CENTER ~ _ ~....... 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I I I '--_I ,laDrJ' ( ~'/S\-l ~ I d =~ /33V ,..- ~V~o~~ ~ _ r L Z53,tIOl\/i~~O.'<lldIlCt. =-_ 0::- r-r-.!5.!'II" /1 ~/ I - _ J f--. L 125 ~/46 c:: --, ~ Or-1-__~ ~J _ Jill 1 1J-JJ v s~y< = "-.: 17IT1/~ Twvlo c ~~ :; ~ ~> .... )::: AOUlNO ~ I ' ~Z~ ~m' ~~- -';Fm.crrtfj~ ~3~~' . '" <l "" ...l / TI I I") I 'L f-.-I c: I ~r-----.- . ,. _ .() .'0 El .;( ./ El .... o o~ <"... ~"O - . (.;--1 1$ ~. ~ ".. Irl '\- r1 -~ CD ~hitwood I '42 /91 "9/ -. 19....... ~ 00- ~ - ... JE -=- C 1 S ... <( =1 1~ ~4 i' I 1210 01/~31 --- I I ") L J zc 96-02 - 1681 Bucknall Zone .Change from R-2-S (MultIple Family Residential) to PD (Planned Development). .. 0 I 7 ..., 0 a ) .. .. > .. I I >- -- - z__ -- I-- '-- - -- :::-== I \~7 I f f'llfR-~~ 1 I l,r--U,. ~04/ 14Q~ 50 _ '311....'11 I fIIJ1J lJ.]JJ;f j C-2- ""\ 121~/02 I C-P-C ,0 41~7 - I-- -~ .... 2~6/'8 --i ---, ~ BUCXNAll ELEMENTARY SCHOO(. AD1 0 ~ J ~l~~~ I I 1..."1 t- ~'I-c:Y Wov f- , 0 oYl~ J I l. ~ .-- r- _ I I-- _~ ~..; 119V~1 -- ~ H I T1 -- = 17/~2 4/~5 _- =m=llllllllnlllll'I@-g-=~- - m~.IIIIIIIIII_I__:,: ~ <n I I ' Dr ~ - l> I ..; / . / ,,"---\ Rede" Dr.Z 112 4// /41 J I! I I I! -, VI I / ~Ii ~ V'"''','; ", ~, - ~=- 14) 1 I Dr. I I kO/F8 '-- I /' nIl' of Ca112/Jul'lI City Council Report ~~ file, Ul>lf;u~11 F ) ~- . zc. '1(P-oz.. {J,el~ ArP'~).,.~ :'-'7c~~ ~u ~fc.. . /'//E ~ ~~. f~ a'^ Vi"~" Item: 5. ~ m "nf\t. Category: Consent Calendar 1 \)l~' Date: October 7, 1996 vfJV' ~ re..(J Title: Ordinance 1941 Approvi~ C~m R-Z-S (Multiple Family) to PD (planned Development) for property located at 1681 Bucknall Road (Second Reading/Roll Call Vote) RECOMMENDATION: That the City Council give second reading to Ordinance No. 1941. DISCUSSION: At its meeting of September 17, 1996, the City Council gave first reading to Ordinance 1941. Second reading of Ordinance 1941 will appro~ Chan~for property located at 1681 Bucknall Road from R-2-S (Multiple Family Residenti ) to PD (planned Development). Prepared by: Reviewed by: Approved by: ~ Anne Bybee City Clerk /3. ()~~ Barabara A. Lee Interim City Manager Nelson A. Fialho Interim Administrative Services Director '1. ~ ORDINANCE NO. 1941 BEING AN ORDINANCE OF THE CITY COuNCIL OF THE CITY OF CAMPBEll. AMENDING THE ZONING MAP FOR PROPERlY LOCATED AT 1681 BUCKNALL ROAD, AS SHOWN ON THE ATTACHED EXHIBIT A, APPLICATION OF MR. JOHN NICOLI AND MR. TOM SWEENEY. FILE NO. ZC 96-02. The City Council of the City of Campbell does ordain as follows: SECTION ONE: That the Zoning Map of the City of Campbell is hereby changed and amended by adopting the attached Exhibit A, entitled Map of Said Property, as per the application of Mr. John Nicoli and Mr. Tom Sweeney, for approval of a Zone Change for property located at 1681 Bucknall Road, from R-2-S (Multiple Family Residential) to PD (Planned Development). SECTION lWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation in the City of Campbell, County of Santa Clara, State of California. PASSED AND ADOPTED this following roll call vote: day of . 1996, by the AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: APPROVED: Robert S. Dougherty, Mayor ATIEST: Anne Bybee, City Clerk ~ ~STRO IN'OR IGH ~ OOL ~ "v. .., ., . ,.~ - , ~ . " ., - ii' ~c;y, I /7/' ) CI:) u:).. ~ .............~,. 1125 .D Icl ~I~ ,- r'z~114 - EXHIBIT A :- . c '/ : Pil _QJj i-t L.a I ~ , l ~ I -Il!!.tOrio III -- , I 'U14c """'I, J.n. J.. r1AO! / J I7IU 02 .....I"J - - -y , 10-. JO!r' CD _ \ - --1/," ~'~f! - SH ........~ -.. .;c, n -... OPPlNG - ~ _ I"'r-' 13 7 ./ ~ 0 ro 'r =~ CENTER ~ --:;;;;;; '- ~ I ~""\l~lp ..., ~~. 'a'/ll - ~;:::: III ........ : .\6~ ., .3. ,; == --;, ...e,.. l'l : 7" ". . -'1_- - L . I 6~ C 2 S - ... - ~ --- y;..\ ~ '1241/25 - - . r- '11--1 j " J)-\~--; 'lL ~ 1m." ~~~~ ... ';1301/ WI ~ .! ~ 4\ ~"I 4 : J~ u=. C a .. .w., o. 0 I '" ~. I: . . - ~ a. . r..,.. iP ~ ~C '\. Y'Y:; "'. .G .~ \" 1-~ 1- ~ ~~~."f. )~~ ~ - ?fli.tL~ J"'VE 110 j. 0 en ~~, I' ~f1U7~ ~ re- ~ J=~:r - - "JJ./ C lft C 2 0 ~ <~ 1)' I'O~ 11IOII~ qJ.;a ~ "u....! ~ .; C-2-~. "5/02 ~ '" Q ~ ~ II -c::-~", - t- ,~' .p. f( l~. ~ ''''''' . or- _;; ~ 0 41~" ----,~- .~ lOllI' , . 1- . \ 4 ., tI \. ~ :~tlC ~ "\~ If.. . o \ ' , . . (,;-1- 5 ,~ ~~ f '\.-...,- SJ I ijj "n'h,ood I 142 19' t~ l/~ ~ ,-" :; -, 0 e --==-1 C 1 S .. c , ~rrl _ L , I - - - - - - ..., -I -r.., ....,L - .... l I t'L ttlm IfIffiftR m I~W' I ,,- "1/ U 1!~51 = , 2 0101/~31 Wow 2 0 01/5 ! ~. "".~ JE s-:J~ ~ U/~ ~/ "" "01 I .:..., 7 l. 0 1- ---l TI J 'i" L.,~ ~! r)L 7 fr- n-r o -- ,,-ern -L · r;- 1LJ..). t- _ - .!I- 1 ~ ~ - ,.. -.j : i- ',.13 r ~~ 8UCKNAL' Z -10 ~ l~, ~ ~~ ELEMENTARY : - M'., Wa - _'= r-1 ; SCHOW. ~ / I "oCI/ol114 , \. "\... '-L..L 1-' --.I"f-: / '4/1/ I _~.~~ ~~~ ii.M. ~ = = c It, i .. EfEf.EEf g I .! c "0/ ;; as ! 0 · . C . 1ft ne ~ 1--'4' "' . :.. ,S....' ,. w. - C'I _ .... = R.dl" )r.Z", .,.., 4 0 I SA ' I~ ~ - V J : H TOMAS \ \ _ ./ I 0 . "A.K~' tl.!!t I ~ t=: I~ :33~' \ . ~- to ~'..~ ~ ~~ =~ T L z s~,J ~~ '::--<OO!J '0 Ct. ~: ~ - ""r-1~'1l L ~ 0"'-,/1.,.,..1 .=:- - ~ ~ ~~- ~-i- -~I-~I'-- K I -./)- I 'J # .,< . ..... i-- r'-. r_ 0 (1&oI~ S'!!J!~1 - ""- I' ;; ~........ __ ~ AQUINO i~ ~''/b~r7J . A11~~ J I I 1 -.1: '- L::j:::j t::f:l-J ~. . R It c: 1- , .oil ZC 96-02 - 1681 Bucknall Zone .Change from R-2-S (Multlple Family Residential) to PD (Planned Development) 0 I~J4 II 4 I , r- J 0:. J 130/_8 ~J-t. ~r1 c: i VOnderbilt .: I., 2 I " 0 0 . ~ II > ...... ....---. "'/ l / Tn R1~~~" r. r. 1/ a ~ ~ .- 1/_1.- Zi-- - -- -- -- I- -= to- I- ~ I- l..- ~ """l --.../ I 17/4 , ICIlv '" _J I EfffE ~ ~ \ 1~\ \~ ~~'" , . \; {~ \ ~. \,"'. ' ~ " ~ ~ \ ~ Of'CA..tt ~4.~' A~~ ... r'" U r- . . "" ... ~ "- ~. CJ' OJ/CHA"'O' CITY OF CAMPBELL Community Development Department. Current Planning September 27, 1996 TO: John Nicoli Tom Sweeney Bruce Johnson Subject: PLANNING DEPARTMENT items to be completed prior to tract recordation/building permit issuance 1681 Bucknall Road. TRACT MAP 1. Submittal to and approval by City of CC & Rs to include: A. Requirement that at all times, adequate space for the parking and exiting of two vehicles shall be maintained within all garages. The minimum size of each of the two spaces shall be 9' wide by 20' long. B. No inoperable vehicles to be stored outside garages. C. The first 20 feet in front of garages to be available for guest parking. 2. Submittal of a map which has adequate backout/tuming distance on shared parcel for two vehicles parked in 9' by20' spaces in front of garages (especially the width of the cross member of the "T'). 3. Payment of Park Fees as required by City regulations. BUILDING PERMITS 1. Landscape and irrigation plan submitted and approved to include: A. Use of same brick as to be used under the bay windows of the houses repeated in the landscaping, including use as planter walls, walkways, borders of walkways, driveway etc. B. Replacement for 51 trees being removed, per the City's WELS Standards. Use of 36"box and 48"box trees shall be given multiple credit. Trees of this size to be used in prominent locations. The size, number and species of each tree shall be clearly indicated. C. Trees and shrubs to be chosen to provide privacy between units and between this property and adjacent properties. . D. Pavement treatment for driveway, walkways and patios. Samples to be included. E. Plan for the protection of the ivy on the chain link fence portion to remain. 2. Building plans to include all exterior fencing details, including perimeter fencing, and fencing between lots; design and location of trash facilities; automatic garage door openers; details on the exterior lighting design, to be shielded or hooded, and not to shine or glare on adjacent properties. 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.379.2572 . TDD 408.866.2790 Of . c'1,1f . h ........ ~~ .. , r" U .' r- , ~. ." .... ... 1- -,-.....:. .,.......... " ~ " "O-\'CH,,,Q CITY OF CAMPBELL Public Works Department September 5, 1996 John Nicoli Tom Sweeney 181 Tan Oak Lane Scotts Valley, CA 95066 Re: 1681 Buckna11 Road ZC 96-02/TS 96-01lPD 96-02 Dear Messrs. Nicoli and Sweeney: The Planning Commission approved your Planned Development Permit (PD 96-02) on August 13, 1996 to allow the construction of six single family units at 1681 Buckna11 Road. At your earliest convenience, I would like to arrange a meeting with you and the City's Public Wodes land development team. The purpose of the meeting would be to review the conditions of approval imposed by the Public Works Department and the Department's procedures and requirements for satisfaction of those conditions. The land development team may also include representatives from the Planning and Building Divisions. We hope this meeting will facilitate your project and assist in making your project a success. Please contact me at 408)866-2158 to arrange a meeting time and to answer any questions. cc: Michelle Quinney, City Engineer Darryl Jones, Senior Planner Frank Cauthorn, Building Official Barbara Ryan, Project Planner h:\land dev\1681bucknall.ltr(mp) 70 North First Street. Campbell, California 95008.1413 . TEL 408.866.1150 . FA\ 408.379.1571 . TDD 408.866.1790 NEW PW FAX # o~'C"'4t [...4..' .o~'{'t'> ... r"' U r"' o 0 .... "- 'So ... ~. ,,' O.!tCH"y.\"l' MEMORANDUM CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT TO: Barbara Ryan, Project Planner DATE: May 28, 1996 FROM: Michelle Quinney, City Engineer M4. ...., / Harold Housley, Land Development Engineer~ RE: APPLICATION NO: TS 96-01. PD 96-02 ADDRESS: 1681 Bucknall Road APPLICANT: Mr. John S. Nicoli PROJECT DESCRIPTION: Remove existing house and construct 6 PD units. DISCUSSION: The proiect is located on the north side of Bucknall Road at the T- intersection with Weston Drive. The apDlicant proposes to remove the existing house and related imorovements and construct a planned development (PD) of 6 single family residential units. There are no curbs. !!Utters. or sidewalks along the property frontal!e and adiacent property to the west. The property on the east side is fully imDroved with public street improvements. A standard half street needs to be constructed. along with related improvements. in the public right-of-wav. A grading plan must also be prepared. The Land Development Section's Conditions of Approval. are summarized as follows. H:\1681BUCK.COA(JD) PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL APPLICATION NO:TS 96-01. PD 96-02 ADDRESS: 1681 Bucknall Road BY: Harold Housley. Land Development Engineer DATE: APPROVED BY: Michelle Ouinney. City Engineer 5/28/96 THE APPLICANT SHALL: Public Street Improvements: Prepare plans, pay fees, post securities and provide insurance as required to obtain an encroachment permit to construct public street improvements, in accordance with the City of Campbell's Standard Specifications and Details, on Bucknall Road at Weston Drive, as required by City Engineer prior to issuance of building permits for the site. Public street improvement plans shall be prepared by a registered Civil Engineer licensed in the State of California and shall include the following: Bucknall Road A. New curb and gutter with curb face at 20' from centerline. B. New pavement to centerline of required right-of-way plus an additional distance of about 2' to 4' to conform to existing pavement elevations based on a Traffic Index of 7.5 and an R Value provided by a qualified soils engineer. C. New separated 5' sidewalk: on the north side of Bucknall Road. D. One new public street light. E. New residential driveway approach F. Landscape and irrigation system for street trees in the parkway. Street trees shall not obstruct the view of exiting traffic onto Bucknall Road from the private driveway. G. New centerline striping and stop sign for traffic exiting the private drive onto Bucknall Road. -1- CONDITIONS OF APPROVAL Completion of Public Street Improvements: Prior to approval of occupancy for the site, all public street improvements required by the encroachment permit must be completed and accepted by the City Engineer. Grading and Drainalre Plan: Prior to issuance of any building permits for the site, the applicant shall prepare construction grading and drainage plans for and conduct hydrology studies as necessary to determine the adequacy of the site drainage with the proposed changes and submit the plans to City Engineer for review. All storm runoff shall be collected on-site and conveyed underground to the City's existing public storm drain system using 12" minimum pipe. The drainage study shall be based on 10 year storm frequency. Storm Drain Area Fee: Prior to issuance of a building permit, the applicant shall pay all unpaid storm drain area fees. The current fee is $2,000 per acre. Right-of-Wav Dedication: Provide right-of-way dedications as needed for a 30' half street. Underground Utilities: Install new on-site utilities underground per Section 20.36.150 of the Campbell Municipal Code. Provide evidence from all utility companies that the proposed houses can be served. Comply with the plan submittal, permit and fee requirements of the utilities associated with new or modified service connections. Final Map: Submit final Tract Map for approval by the City Engineer and record said map prior to issuance of building permits. Furnish current Preiiminary Title Report. Include a LOT "A" on the Tentative Tract Map and Final Map for ingress, egress, drainage, PUE, and related improvements necessary to serve the subdivision. Include easements, as needed, for "lot to lot" drainage. Provide non-interference letters for existing easements and utilities. Furnish security guaranteeing the cost of setting all monuments as shown on the Final Map. Covenants. Conditions and Restrictions: Submit Covenants, Conditions and Restrictions (CC&R's) for review by the City Engineer. Manalrement and Maintenance Alrreement: Furnish and record an agreement, acceptable to the City, prior to recording the Final Map. Agreement shall demonstrate that the project will be maintained in accordance with the intent and purpose of the approvals and provide for the on- going fmancial responsibility of the Homeowners Association for maintenance of the common areas created by the Final Map for the life of the project. The agreement shall include provisions for maintenance of the landscape and irrigation system in the public right-of-way. The agreement shall also include a Consumer Price Index factor (CPI) for fee adjustment, and shall be incorporated into the CC&R's for the project. -2- CONDITIONS OF APPROVAL Soils Report: Provide a soils report, prepared by a qualified registered Geotechnical or Civil Engineer Utilitv Connections: Provide coordination with the City of San Jose for all utility connections. H:\1681BUCK.COA(JD) -3- City of Campbell . Traffic Engineering . Memorandum DATE: May 28, 1996 TO: Harold Housely, Land Develo FROM: Peter Eakland, Traffic Engin r SUBJECT: Development at Weston/Bucknall The major condition recommended by Traffic Engineering is that the road section between the two stop bars on Bucknall be considered as part of the intersection, in order to ensure adquate sight distance for all vehicles entering the intersection. Thus, parking would be prohibited in this section and there should be no street trees or shrubs in excess of approximately two feet high. The only other condition is that a stop sign be placed on the approach to the intersection from the new cul-de-sac. , 1 Of' Ct .it . /) I..::'" . 6"~ ... . t'" U r- /lcf ,..l.o$. .......'^,'-<#'_ ..... ~ (.' f)1tCHA\lO CITY OF CAMPBELL Communitv Development Department. Policy Development May 27, 1996 John Nicoli and Tom Sweeney 181 Tan Oak Lane Scotts Valley, CA 95066 Subject: Completeness of applications for 1681 Bucknell Road The following information is necessary to be submitted for your applications for Tentative Map, Planned Development Permit, and Zone Change to be considered complete: Tentative Map 1. Correct labeling of tree types: Left rear, 24" is pine, not palm Cluster of 5 trees, Lot 2, nearest elevation 227.09 are cedars, not pine 2. Existing and proposed zoning indicated. 3. Uses on adjacent parcels within 30': Outline of buildings (to 100'), parking areas, major trees 4. Topographic elevations on adjacent parcels within 20'-25' 5. Cross-sections on each side across property line (fences, walls, grades, etc.) 6. Fences, walls (height, type, location and type of vegetation along all property lines, streetside. 7. Street area: a) Stop lines and stop signs on Bucknell and Weston b) Curb and gutter on south side of Bucknell c) City limit line d) Cross-section across Bucknell (existing) e) Cross-section across Bucknell (proposed) f) Type of sign indicated (not just word"SIGN") g) List of utilities and who controls relative to serving this property h) Location of closest fire hydrant (existing) 70 North First Street. Campbell, California 95008.1423. TEL 408.866.2140. FAX 408.379.2572 . TDD 408.866.2790 8. Transition of Bucknell improvements to existing driveways on properties on either side. Planned Development Sheet A-2: 2. All sidewalks/ concrete/ ground decks indicated a) To coincide with location indicated on building elevations b) Sidewalk separate from porch areas; elevation changes noted, open versus closed areas, e.g. enclosed porch sides) c) Yard decks, patio slabs 3. Each lot - information a) Square feet of each lot listed d) Square footage of each building Existing tree/ construction evaluation map: 4. Use Sheet A-2 with above information added. To this add: a) Large X for each tree to be removed, 4" DBH or larger; large 0 for those to remain; b) Dashed arc at distance from tree needed for tree to be saved (per arborist report); c) Each tree numbered to coincide with number in arborist report; d) Legend and trees marked with H for Hazardous, D for Diseased, per arborist report. Elevations: 5. All four elevations of each floor plan and building style to be submitted; only two in submittal. 6. Elevations / plans and rendering to coincide, show all (sidewalk location, porch, balcony, front door angle, chimneys, wrap-arounds, bays, windows, etc.). 7. Material for exterior of Lot 3 building not clear. Conceptual landscape plan: 8. Perimeter fencing to be indicated: will existing fencing with ivy remain? 9. Typical: height and style of "good neighbor" fencing to be indicated. 10. Color schemes/materials per building style, unit type to be submitted. 11. Stop lines and stop signs on Bucknell to be indicated (Need for evaluation relative to street tree locations) 12. Method to provide privacy screening between units, and between these and neighboring properties to be indicated. Show location of adjacent uses, trees. Zoning Complete, once items for above PD and TS are submitted. We will go over the above items at our meeting today. If there are any questions after our meeting, please do not hesitate to give me a call. Sincerely, ~ J'0<L~ Barbara Schoetz Ryan Planner I //7 i/ ~/?~ ~r' ~/I"~ ~ 5- /%-- :y~ ~/ ~ DEVELOPMENT REVIEW COMMENT SHEET I Date Routed: May 9, 1996 ~--- Written comments due: May 20, 1996 \\ Please provide comments in two categories: 1) Items required for application completepess; 2) Prelimin conditions for a royal / ROUTE TO: IJ.Architectural or Landscape Advisor . Q .Wlre, Department O. Polit:e..'D~~JtI~lent o Redevelopment' Agency IJ.Engmeering O.Corporation Yard O.Building Division O.Traffic Engineer PROTECT DESCRIPTION 1) Tentative subdivision map for six residential parcels, with a common "driveway" or private roadway. 2) Zone change from R-2-S (Multiple-Family Residential) to PD (Planned Development) 3) Planned Development permit for six houses, one per each proposed parcel, conceptual landscaping and private roadway treatment INFORMATION: .' File No.: 1'5 96-01 Vv File No.: ZC 96-02 File No.: PD 96-02 V Applicant: John ~ Project Address: ___ Zoning: R-2-S General Plan: Medium Density Residential, 14-20 units per gross acre Proposed Use: Six single family residences with a shared driveway. .ICI,~ID I~~ a 9 \99G .neer.no e.ub\iC'M--1tnO' PROJECT PLANNER: Barbara Ryan DEPARTMENTAL RECO:MMENDATION: Status Initial Application incomplete/list of iteIp-s to be submitted for completeness attached Preliminary conditions of approval attached No Comment Of'C4-1t . ~ ... ~ f... .or. ... '.. 'I"" U, .~). ~ ----.~. J1!fC l; E' /Ie " .. -s. .. ~ ., . f)~ C' H.-' \l \) .~. ~, lJ.' CITY OF CAMPBELL APRZ ' , (t 1996 Community Development Department. Current Planning April 16, 1996 ,.,:',.,".-: Bruce Johnson 80 Alice Avenue Campbell, CA 95008 Subject: P A 96-14; Pre-application for 1681 Bucknall Road The Planning Department has provided preliminary plans submitted by you to Engineering, Fire, Police and Planning for comment. The following comments have been received. Please note that they are preliminary comments, just as is the plan you submitted (Le. existing topo and proposed lot/building/ drive layout). Additional comments will be made in response to a formal application, when you have submitted complete plans. Density The proposed density is slightly under that designated by the General Plan. The General Plan calls for 14-20 units per gross acre, while the proposal is at 12 units per gross acre. This area of the City designated as Medium Density residential is developed at 14.4 units per acre (not counting the four single-family lots to the west of this lot, which are expected to be redeveloped some time in the future with a higher density). Adding this project brings the area to 14.32 units per acre, remaining consistent with the General Plan designation. Street/lot Layout There are four lots immediately to the west of this lot remaining in single-family development, with the potential to be redeveloped at a higher density. One design alternative would be a street layout which would loop through all five lots, beginning at this lot, and ending at the westerly lot. This would limit the number of outlets onto Bucknall Road, for what will be 26 or more future units, to two points instead of four points. This is generally considered better from a traffic standpoint, and would need to be noted in any staff report. However, such a driveway layout would not be consistent with the pattern of driveway development in the area. It would be preferable if the driveway arrangement, of what is to be presented as a single-family development, did not present such direct and complete views of a large expanse of concrete from the public street. A large, hard-surfaced area is usually not considered attractive, nor does it 'present 11 a friendly, small-town atmosphere", one of the goals of the City. It also detracts from the single-family image, and contributes to a more apartment or townhouse image. The City Traffic 70 North First Street. Campbell, California 95008.14'23 . Tn 408.866.'2140 . FAX 408.379.'257'2 . Tim 408.866.'2790 Mr. Bruce Johnson - P A 96-14 April 16, 1996 Page 2 Engineer has said that a curve at the front of the driveway would not be acceptable; that vehicles waiting to enter traffic should be at a 90 degree angle in order for the driver to have an adequate view in both directions. Therefore, a curve to the driveway would need be placed at least one car length back. The "straight-shot", visible driveway also focuses the eye on what is at the end. Therefore, it is important to have a visually impressive green plant at that location. A big evergreen, perhaps a deodar cedar , would serve this purpose and tie the project together, as at least two of the three in the front should be saved. The two units in the rear should be separated more to provide a larger green area at the focal point. Fifteen feet is suggested. Parking The project should provide at least four parking spaces per unit to the rear units, as these are the ones not close to the street, and thus not able to take advantage of street parking. As these units have more yard area than the others, this could be accomplished by jogging the garage portion of the units to the rear, creating two parking spaces in front of the garages, and defining the rear yards in the corners, similar to the other units. Massing of buildings The second story of the buildings, especially those visible from the street, should be pushed back from the street and the entry doors, creating a one-story scale on both the streetside and the driveway side. Also, the width of the greenery spaces between the front two units should be enlarged to reduce the concrete expanse. The use of a variety of tree, which could lean over the entry drive safely, creating a canopy, would also help. It is less important to have a single story element between the frrst tier and second tier units. The landscape architect should select trees which can grow in narrow spaces for such location to provide the second story privacy and visual separation here, where few will see it. The space lost from pushing the second story away from the street and driveway side could be made up here. Building elevations The elevations of the buildings should have the following characteristics: 1) Front units to look like single family un.its. Placing front doors and porches to the center of the facades, and running sidewalks to the street could work towards this. One of the existing deodars will be on one side of each walk, and a second could be planted on the other side, to frame the walkway. Mr. Bruce Johnson - PA 96-14 April 16, 1996 Page 3 2) The units should have a distinctly different appearance, and not that of a mirror image. This is especially important for the front two units. Not only should their exterior detailing be different, but their massing should be as well. 3) All units should have the front doors readily visible, with the first four, at least, visible from the street. A welcoming type of door, sheltered by a porch is desirable. 4) As these will be two story units, the use of stucco would make them appear more massive. The use of some other material which has smaller units to it (like siding, brick, etc) with a character which does not appear massive (as stone or stucco usually does) is strongly suggested. The amount of yard space remaining does not lend itself toward setting off massive-appearing buildings. Also, the strategic plan of Campbell sets as a goal, "a friendly, small-town atmosphere'. A castle-like or massive appearance is inconsistent with this goal. 5) The elevations should reduce the apparent height of the units. This could be accomplished by having the second story "pierce" through the first story roof line in various types of dormers, etc. The height of the first story eave line should not be taller than that of the single story houses in the area. Exterior spaces Each unit should have one fair-size, usable yard area. The yard area of the front units is not adequate, and the yard area of the second tier units is not well-defined as going with, belonging to those units. It is suggested that all four of these units have more of a corner removed and devoted to the yard area. Also, the front units should have a tall hedge planted behind the required front fifteen foot setback line to provide yard privacy from the street. A hedge is preferred to a fence, in order to not add to the visual bulk of the units. The central "courtyard" should be made an asset rather than a large concrete expanse . The following are suggested additions which would help to accomplish this: 1) The two driveway areas where the building masses come closest together should have their building lines continued in the pavement via dark pavers (e.g. dark brown) for each 22' length. This will define the center as a courtyard area. Mr. Bruce Johnson - PA 96-14 April 16, 1996 Page 4 2) The center of the courtyard should be made of a different type of concrete which would tie with the pavers. Perhaps a medium-colored brown concrete with aggregate in it. This will make the central space look less like a parking lot. 3) The two landscaped islands, projecting into the courtyard, should have showy trees placed in their ends. They will not only enhance the courtyard from within, but will be enhance the view from the street. 4) This project should include CC and Rs. The CC and Rs should have a condition which prohibits boats and recreational vehicles on the site. The space used by these takes up resident and visitor parking space. They also do not add to the attractiveness of a project, and can be sure to result in the central courtyard being used as a storage area, either for they themselves, or for the cars whose garage space they take up. H this clause is in the CC and Rs at the beginning, all owners will be informed before they buy. It will also given them notice that this development has high standards, that protect their investment. Trees 1) As we discussed, an arborist report would be required, and the saving of most of the mature trees which are in good health would be looked upon as being an asset to the development's design. The grading plan must indicate the existing and the proposed elevation at the base of each tree, so measures necessary to save them can be determined. 2) Major new landscaping should be indicated. This includes any trees and shrubbery which will be used for privacy or shaping of the masses of the buildings and courtyard. Park fees Notice is given at this point of the City's Park Impact fees. One set is due at the time of subdivision, the other before an occupancy permit is issued. Fire Dept A public fire hydrant may be required base upon the water company recommendations. Contact the San Jose Water Company, Mr. Wayne Warren, New Business Manager, 279-7873. Street Improvements 1) Dedication to result in 30' ROW from the centerline of the street. Mr. Bruce Johnson - PA 96-14 April 16, 1996 Page 5 2) Separated sidewalk, and parkway, with landscaping and irrigation per City standards. 3) Reconstruct street to the centerline. 4) Coordinate w / San Jose re driveway at Weston Drive intersection. 5) Installation of street lights per city standards. 6) Undergrounding of utilities to all units. r---' 7) Permits from San Jose for~lti1i: connections, Site information '. (l, t' 1) A soils report is required. u,' 2) A plan indicating how the site will drain, and the water be conveyed to a public system, will need to be submitted. 3) A grading and drainage plan needs to include adjacent properties. 4) A tentative tract map must be filed, indicating all standard information (see City / state requirements). The location of improvements and trees within 50' on adjacent properties should be shown. Traffic Trip generation information must be included with the application. H you should have any questions, please do not hesitate to contact the undersigned at (408) 866-2193. A~ ~ ?t~"- . ~a Schoetz Ryan Planner I cc. Public Works -<'" A r/' 4,. I/#' Pb-/5/ DEVELOPMENT REVIEW COMMENT SHEET Date Routed: April 8, 1996 Written comments on pre-application due: April 15, 1996 ROUTE TO: Q "" Architectural or Landscape Advisor Q. Fire Department Q "" Police Department Q Redevelopment Agency Q. Engineering Q. Corporation Yard Q Building Division /~~ v#- PROJECT DESCRlYTION Pre-application for a six-unit, single-family development, with a private driveway. Zoning to become Planned Development. Applicant wants to know what to expect in terms of various departments requirements and comments (e.g. street lights, undergrounding, street dedications and improvements, fire truck turnarounds, etc.) INFORMATION: r-- ---..File No~ Applicant: BruceJ~llna~for J. Nicoli & T. Sweeney /' /' Project Add,ress: 168l1lucknal1 Avenue APN: 403-3~ /" Zoning: R-2-S (propose to be changed to PO at 14 units per.:nd.acre, 12 per gross) General Plan: Residential, 14-20 units per gross acre Proposed Use: Single-family residential PROJECT PLANNER: Barbara Ryan OEPAR~AL RECOMMENDATION: Status Pre-application comments attached No Comment Additional information/revisions (see attached) _ Draft conditions of approval attached ~",/' ~:'../t:/T ;/ / ',/ ....... ' , ,1,/ !/ /;' /,~/a;??;d. /'~~~) 7;:/ ~~i'(- < '<-/<~ ~"c; t/ / Initial PUBLIC WORKS DEPARTMENT PRELIMINARY PROJECT EVALUATION FOR CONDITIONS OF APPROVAL APPLICATION NO: ~ 9.<6'- L4- ADDRESS: \~~..,\ .~u~,--L BY: c::-c:-~ e=r DATE: 4-"""\.-=tL. PRELIMINARY PROJECT EVALUATION ~ ~ ~ v ~ ~ Streets and Related Improvements: A. Curbs and Gutters B. -s.. I . // I / -=<SE7(::.~~,L / Sidewalks C. Driveway l ~ ~ ~ D. Pavement E. Asphalt Concrete Overlay F. Seal Coat G. Street Lights Traffic Control Improvements: Streetscape Improvements: ~ Landscape Improvements: 1 PRELIl\1INARY PROJECT EVALUATION ~ Screening of Utility Facilities: Parcel Map: .-- \-e::-,---::>.~ 'T l '-L: ~ ~c....,-r \a.4~~ ......- Final Map: '--' ~ Street Improvement Plans: ~ Grading and Draina!!e Plans: v-- Soils Report: ~ Storm Drain Desip: ~. Hydroloey and Hvdraulic Calculations: San Tomas Area Nei~hborhood Plan: ~ Ri~ht-of-Wav Dedications: ~C/ \:::=t-~ t..'-t. ~ ~ ~~~H~~ ........-- Title Report: \/" In~ess and E~ess Easements: Access Ri~hts: ~ Underl!round Utilities: 2 PRELIM:INARY PROJECT EVALUATION ~. Other Utilitv Services: ~ ~ Flood Control: Storm Drain Area Fee: ~1l )L::r \ \t:><.-E:- ~""" ~-z.. ~ ~C::.. / C::-. c- Park Impact Fees and Park Land Dedication: Transportation Improvement Fees: ~. Security: a,...--- ~ V'- Reimbursements Owed to the City: Street Improvement A~eement: Encroachment Permit: Additional Comments: '-~~-r l6'f.-..:) OF ~~\'-lE:*U~"-1 ~L...b--r\'f~ lZ::) ~~~ ~h-\.~~ ~l~ -s..\C!5::t~~ C>1--.) ~c..l~~~L..,L- \ ~t...;)\ n..:t2~ -c:::::.. c::::> C;> l~:::::::.l '--..)l'--c;"'t" \ c~ . .. ~~~ ~ .-.:; ~ e~ "'-1 J'";;, l s-....::> I ."....:;\C;;:,. ~ t::. ~ I ~ \,<<.-\ ~ \ \.-.:> "-f'--.l b""\8c:2- ~ y.... \ t--.::::. .\ ~ ~ 0 \-= c:=-e:::::~~en..-L-\"'-..;)~ I '1-:1 c.. \."1'-r CP~ ~~~ ~~~. '\-At'"~~1'"" ~~~ \ ~C-t~~l.i..A~ p~\...r. ~c;:;:,~rz~~L.>..A.~~.., "A:.c~~~ \ \"'Z:.-~ \.~ ~ ne- \~~ 'l-~ -e..-'" "0 C-\.~ _~ ~~ ..)~~)o... ~c.\--Z- ~.\~; ~\P \""'t=-e;>~'-- . h:prelim. prj (mw)6.0 1/96 3 C \ .-<", .;:c I I i? Z.,.; ~ ~- ~ ..........-" ;.'-. . , o ~I pc-ep.. ~ ("' _ _ rJ( Ii; ,..)C ~ , 1\ I :..;\ ~;: . ....,""\ "'-\ ,.' ('[)\J~IJ .L~~S - '. '. y~~ t v IA't.Co;1t1., ,,-', "...;' '" P ~ 'V 'I ) /~ .. (/ & j- ~ . ,r--' ,_ ~l - "", (~, ~~~ '", r;l) b. H- 0 I) ':; G.- '7 :;. ~-! 7c (t. I .q ~~~ ) c.... ~rs~ = 3 7 i ~ I 3} r p... ,'7 i.' .. j..--. . c- C /-1 ....... I '0 ,"-: 8) -CO-(,c'- />-f!-e{A.~ g/~)O,z! 4) r,!~,~-~/~~ - ~. UG. 0-'3,5'" x b""~ 2-1 b P(Z~v H?W - '2.1, . I "'0 u5 ~.. '" ...~ -- :c~ U. CIl:g <= c ZU oa If -II -- 1M · ::a (.)'1 ~ ...... '~~ ___ o. ..... . VI W 0 ~ ~ 0 0:::: I lli!J >- ~ ...J -I ~ .....-.4 ~ ::E -I <! ~ LL <! Z @ w 1l!-f6~/y -I ~ (9 z G= .....-.4 U ES['~ 'W OFFICE: 75 96-~ / ,,~ 0 ALL-L.L. TITLE COMPANY e" (. .. \ ...C\.r..f'... 901 CAMPISI WAY, SUITE .. ~~V CAMPBELL, CA 95008 ~~ \\' . "i\(\9 (408) 559-3424 '" \(\t\~ O~,~ot..\ "AII-Cal Title COI"pany 100 PRELIMINARY REPORT - ;Y~7tP Issued for the sole use of: John s. Nicoli 181 Tan oak Drive Scotts Valley, CA. 95066 Our Order No.: 01088674 WHEN REPLYING PLEASE CONTACT: Escrow Officer: BILL MAGLEBY Title Officer: MARION MILLS BUYER/BORROWER NAME: JOHN NICOLI * ALBERT KEITH PIERCE. THOMAS SwgENEY · PROPERTY ADDRESS: 16B1 BUCKNALL ROAD CAMPBELL, CA 95008 In response to the above referenced application for a policy of title insurance. AlI-Cal Title Company hereby reports that is prepared to issue, or cause to be Issued, as of the date hereof a Policy or Policies of_Title Insurance describing the land at the estate or therein hereinafter set forth, Insuring against loss which may be sustained by reason of any defect, tie", ot 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. PI...e read the exceptions shown or referred to below and the exceptions and exclusions ..t fotth 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 InlUrance tJollcy and should be carefully considered. It Is Important to note that this preliminary report Is not written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to th. I.nd. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY 1S 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. CL TA PRELIMINARY REPORT (Effective 1.19") SCHEDULE A Order No.: 01088674 Dated as of: February 05,1996 at 7:30 A.M. Thfi.fOI'n1 of policy of title Insurance contemplated by this report Is: CLTA STANDARD COVERAGE POLICY - 1990 The estate or Interest In the land hereinafter described or referred to covered by this report Is: A PEE Title to laid estate or Interest at the date hereof Is vested In: STEPHEN S. HORVATH AND ROSE MARIE HORVATH, husband and wife, as Trustees and Trustors U.D.T. October 16, 1992 The land referred to In this report Is situated In the State of California, County of Santa Clara, In the City of Campbell and Is described as follows: .I P.eginning at a point in the ',\Onument line of Bucknal1 Road at th~ Southeasterly corner of that tract of land described in the deed from Francis A. Gonsalves, et ux, to Della May Garthwait, dated March 31, 1949, recorded April 22, 1949 in Book 1776, Official Records, page 446, Santa Clara County Records, said monument line being a line which is parallel with and distant 22.00 feet Southerly measured at right angles from the N~~therly line of Bucxnall Road, as the same originally e~i.tedl thence running along said parallel line N. 88 degrees 29 minutes E. 110.00 feet to a Southwesterly corner of Tract No. 2991 Quirked Plaza, Unit No.2, a map of which was filed for record in the office of the Recorder of the County of Santa Clara, State of California in January 11, 1962 in Book 142 of M'pl, at page 4, thence running along a Westerly line of said Tradt No. 2991, N. 0 degrees 29 minutes E. 200.00 feet; thence leaving said line and running parallel with the said monument line of Bucknall Road S. 88 degrees 29 minutes W. 110.00 feet. to the Northeasterly corner of land so described in the deed to said Uarthwait, thence along the Easterly line of land so described in the deed to said Garthwait S. 0 degrees 98 minutes W. 200.00 feet to the point of beginning, and being a portion of the Quito Rancho. CLTA PRELIMINARY REPORT lREV. 1-1-951 Order No. 0108867 SCHEDULE B At the date hereof, exceptions to coverage In addition to the printed exceptions and exclusions in a Policy of Title Insurance are as follows: 1. Qeneral and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1995 - 1996 1st Installment: 2nd Installment: Penalty: Cost: Exemption: Code Area: Assessment No. $ 1,287.10 Paid $ 1,287.10 Open None o $ 0 10-046 403-36-089 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California. 3. Rights of the public, if any, over that portion of said land which lies within the bounds of Bucknall Roan. Nt\lf.;. 1. There are no conveyances affecting said land recorded within two (2) years of the date of this report, except the following: NONE 2. According to infQ~ation received by this office the buyer(s) of the herein described property is/are: John Nicoli, Albert keith Pierce, Thomas Sweeney We will require a statement of identity from said buyer(s), which may allow us to eliminate certain matters which may affect their title to said property. We wil1 be unable to issue our title policy under this order number unless the statement of identity is submitted to this Office at least 72 hours prior to recording. NSTR ARB: 403-36-089 mm/th PROOFED: th SCHEDULE B Cl TA PRElIMIN^RY REPORT II J ~1;Ui ~ , W : I !!! ~ ~ ::. ... . .....;::Jta"' ~<:...," : -:.s t! 15 . \~O" P. ell r. . ~ . ~.e ~ c i ~ ~,~ ~" -@':IIi! ;; ~ rd , I I :.~. ;p r---m-- ~ :: ~B ~ : ~~: lib ~l ~I~' ~,'l ~'~ t. ~g tlt t ~ fl ~ :: ~ .Dl~ I K I 'I ------ C -- ~ I'; "l[j ~ I ; !! I R I ';. I ~ i.~ ,':: ~t . ~ !1 tI - :II Ir R-+---~--_J.-----tH!1- 0..; = Y.l '" J':, to I .., I III I 4' ------ Ie I'i .. \. ~. ,i ~. I ~, I ~ ~ ~ ~-"---:-: 'l 4 oe j'i I I I I !!I ~I .~I C.i~. ... Ho~'n~ ~_I ~~ it i ~ I tl!i~g .~ .!a.l; li .. ~E"'5ii : ,aeco... ~ (-;) rr-1I'-T-t . \V I II" I ,i., r f!; 1I~~~ r $ I I I ---~mf--- 3 ~-i ~ III k t1 ~ .. o I I I ., 1", . i ~ I ~ I III I III --IT,;;r---- _1!.fJ'rl!Jt..U!.~ ' '" l"l r t 0 ~ ~ II 101 ~ .. -:-"'.----. ~ --~-G : I- ~ !II- ~ t:t lir" o ~ ~ 0; ~, ~, ~ ""-''''1 OOOI/l~V1~ .~ -J; ~ . lU~ In VI '''1''- to ../1 ",/, ,,,, 1'" ~ ~I, " . h .) I I I I I I I ~ , f'!. ~ ,., J ~ s: :;:, ~ t':I ,: . I I I 1 ~ l !il I ::: I ~ I l:l -r.-i---t--t--- " I ~ , ~ I l'J I ~ w I I I I z ~ ~I ~l ~, I ~, " 18. 1 ~ I' I I Ep i G : i ~, r ~ ..I.ir 1 , 4 W . .. ~ ! . I I I '> I, "'II "\.. ~ ... :1 UI I D:I ... 2 @ ~ v I ~ , f- H3MH _ II .. ---11I.-.. ~ . ~ r~ .. of . ,"1 II:;' II, ... JI~ .11., i~li A .. !^IHO __8 r--- " . .. 41 . ':. ,II'(.. PUBLIC WORKS DEPARTMENT RECEIPT Effective July 1, 1995 TO: City Clerk PUBLIC WORKS FILE NO. t.~ ~e..~,-" PROPERTY ADDRESS \,...- Please collect & receipt for the following monies: .u:er. I1EM AMOUNT 435.535.49211 Proiect Revenue (soecifv oroiect) ENCROACHMENT PERMIT 4722 Application Fee I Non-Utility Encroachment Permit ($225) I R-l First Permit (No Feel. Subseauent Permit/Yr ($100) Utilitv Encroachment Permit Arterial/Collector Street ($325) Residential Street/Other Areas ($225) 220 Plan Check Deoosit ($500) 220 Faithful Performance Surety (FPS) (100% of ENGR.EST.) 220 Monumentation Surety (100% of ENGR.EST.) I 220 Cash Deoosit (4% of FPS)($500 min.) f 220 Labor and Material Suretv (100% of ENGR. EST.) Plan Check & Inspection Fee (Non-Utility) 472;; Engr.Est. < $250,000 (12% of ENGR. EST.) , I ** 2203 Enar.Est. > $250.000 (Deoosit 15% of ENGR. EST.)" r 4722 Utilitv < $100.000 I Conduits/Pipelines up to 500 Feet ($1.60/ft.) (MIN. $105) I , Above 500 Feet ($1.10/ft.) I ManholeslVaults/Etc. ($105/ea) Pole Set/Removal ($105/ea) l Minimum Charge Per Location ($120) Street Tree Plantino/Removal ($105/tree) *. 220 Utilitv > $100,000 (Deoosit 15% of ENGR. EST.)" 476 Proiect Plans & Soecifications Proiect No. I 476 Standard Soecifications & Details ($l/Pa $l21Book) <!:tt l"'2... .c. cD 476 Copies of Enaineerina MaDs & Plans ($.50/sa.ft.) I 472 Penalties: Failure to restore nublic imorovements ($l00/Calendar Dav) (Muni Code Section 11.34.010) 472 Penalties: Failure to correct unsafe conditions ($l00/Calendar Dav) LAND DEVELOPMENT 4722 Lot Line Adiustment ($500) , 472 Parcel Mao (4 Lots or Less) ($1,060 + $25/Lot) 472 Final Tract Mao (5 or More Lotsl ($1 380 + $25/Lot) 472 Certificate of Comoliance ($400) 472 Certificate of Correction ($300) 472 Vacation of Public Streets & Easements ($550) 472 Assessment Segregation or Reapportionment First Split ($550) I Each Additional Lot ($170) 472 Storm Drainage Area Fee Per Acre (R-1, $2,000) (Multi-Res, $2,250) (All Other, $2,500) 492C Parkland Dedication Fee (75%/25% Due Uoon Cert. of Occuoancv) 496 Postaae TRAFFIC 472 Intersection Turn Counts (Two-Hour Count) ($60) 472 Intersection Turn Counts (a.m. or o.m. oeaks) ($125) 472 Traffic Flow Mao (Dailv Traffic Volumes) ($27) 472 Camobell Traffic Model (Full Scooe Assessment) ($2250) 472 Camobell Traffic Model (Reduced Scooe Assessm$740) 427 Truck Permits ( $35/trio) 472 No ParkinQ Sians ($lIeach or $25/100) OTHER TOTAL $ NAME OF APPLICANT 3tJ t...\ )\) ~,~, I ;tg.-j 7-1--7 I NAME OF PAYOR PHONE V ADDRESS \~\ /4N a4lL .1)Q.. C,-Jf~ . flu lie, ZIP 1';Oi./..r ** Actual Cost Plus 20% Overhead (Non-Interest bearing deoosit) t ~ roa .. <.1\ \ . . "i ......... < ........ ............ CITY CLEIUt . .. . i ONLY in ........\. A n< Q{\8%""l It~C~, .... ............. ..... .'. ,<.~_. .............. ......... .......... ........ ... ...-.:. .... =sl MAR 1 8t ....... .<< . <i-- ....... 'C' ,. in................ Date/Initials I ............ h:\recfrm3. wk3(mp)rev. 1/9/96 VS'o 996 CITY CLERK'S OFFICE MEMORANDUM ~ l To: From: Subject: ~or C4-<,P6',- ~ , (> , 0.'...... * ,'.:'. * /1 . '<l v- ;'..0 .....< 8E-If cp..\.'\u CITY OF CAMPBELL Frank Cauthorn, Building Official April 16, 1997 Date: Cruz S. Gomez, Assistant Engin~ 1681 Bucknall, Tract No. 8922, Grading Permit Attached are two sets of grading and drainage plans reviewed by this office. We have no objection to the issuance of the grading permit for on-site only. No off-site work is approved at this time. H:\ WORD\LANDDEV\1681BUCK APR. 7.1997 4:39PM KIER & WRIGHT FROM ; ~ ~UARED J PHONE NO. : 408+739+9497 .... . .. NO.223 P.2/3 ~pr. a7 1997 1~:56AM F01 WilliAM F. JONES, INC. Civil & Geotechnical Engineers ... I , I Contact at; (X) 1156 Sno\M)erry Court Sunnyvale CA 94087-2429 Tel: 408.245.0521; FAX: 408-739-9497 e-mail: Ferbridge@aol.eom Contact at: ( ) 865 Woodside Way San Mateo CA 94401-1611 Tel: 415-342-9496 F~:415-375~312 FACSIMILE COVER SHEET FHe: 19601197.efx Oaterrime: 04/07/97 /1200 Pages: 2 To/FAX Ph:Ken Olcott /727-5641 From/FAX Ph: Bill Jones J 739-9497 SUbject: Bucknell Road project ... Comments: Drainage OK. See attached letter dated4/7/97. but addressed incorrectly. Sorry ... c:\al1lta'u~n\*PdoCl\WIJI'... Gl/llW7 APR. 7.1997 4:39PM KIER & WRIGHT F.RQM : B SQUARED J ~HONE NO. : 4a8+739+9497 .", - NO.223 P.3/3 Apr. a7 1997 la:S7AM ~02 WilliAM F. JONES, INC. Civil & Geotechnical Engineers . Contact at: (X) 1156 Snowberry Court Sunnyvale CA 94087-2429 Tel: 408..245-0521; FAX: 408-739-9497 e-mail: Farbridge@2aol.com Contact at: ( ) 865 Woodside Way San Mateo CA 94401..1811 Tel: 415-342-9498 FAX: 415-375.0312 File; 196011.97d 7th April 1997 Ken Alcott PE Kier & Wright 3350 Scott Blvd Bdg 22 Santa Clara CA 95054 Subject: Property at 1681 Bucknall Rd Campbell CA DRAINAGE GRADES Dear Ken: · Thank you for the set of Grading, Drainage and Utility Plans, dated March 1997, for the property at 1681 Bucknall Road. In reviewing them I observe that you have a combination of 5% drainage grades away from the structures, and then 1 % from the pads to the street. As noted in our letter of 6th September the soil on the site was then judged not to be significantly expansive. Since that time an R-value test has been run. and it confirmed that the soil is In fact of low expansiveness. By some measures it would be classed as non--expansive, Accordingly the drainage grades you have shown should be quito adequate for the project. Very truly yours WILLIAM F JONES INC )j)~ 1. William F Jones PE RCE #9555; GE #448 cc; 2 to Mr Olcott 1 to Mr NIcoli 1 to Mr Olcott by FAX to 727-5641 , J)' Contact at: ( X ) WILLIAM F. JONES, INC. Civil & Geotechnical Engineers KIER & WRIGHT JAN 2 1 1997 865 Woodside Way RECEIVEDSan Mateo CA 94401-1611 Tel: 415-342-9496 FPJ<:415-375-0312 Contact at: ( ) 1156 Snowberry Court Sunnyvale CA 94087-2429 Tel: 408-245-0521; FAX: 408-739-9497 e-mail: rivergod@ix.netcom.com File: 196011.97a 17th January 1997 Mr John Nicoli 1983 Colony St MountaiN View CA 94043 RECEIveD FES - 31997 PlL:"I~ " AOMIN'STU liON Subject: Property at 1681 Bucknall Rd Campbell CA PAVEMENT DESIGN Dear Mr Nicoli: A FAX message from Kier & Wright informed us that the City of Campbell required that part of the soil submission for the development of the property at 1983 Bucknell Road be an R-value test and pavement design for a Traffic Index (TI) of 7.5. You authorized us to do the necessary work. As the first step we obtained a bulk sample of near-surface soil from the front yard of the property at 1681 Bucknall Road. This was then taken to the laboratory for air drying and the R-value test. The results of the test shows the R-value to be 30. The Caltrans design method requires a section with a gravel equivalent of 1.57 feet. Two possible sections may be constructed, namely: 1. A deep lift section of AC of 9 inches 2. A section consisting of 3 inches of AC and 12 inches of Class 2 base rock. It will be important to compact the base soil to at least 95% relative compaction to a ~depth of 8 inches. # . (I' File: 196011.97a 17th January 1997 WECIIVID FES 3 1997 t'ublic WorbLEnginee,mD cc: ~ -2- DATA FILE NAME: C: \BAS\N~ _JLI. STM RECEIVED OEe 2719) DATE: 1 CONSTANT K= 0.73 CONSTANT N= 0.520 ADJUSTMENT FACTOR = 1 ",..,J,'l./( VVURKS 40!\illNISTRA TlON ****************************************** * * * * * STORM ANALYSIS KIER & WRIGHT 3350 SCOTT BLVD SANTA CLARA, CALIFORNIA * ****************************************** BUCKNALL RD 10 YR MEAN ANNUAL PRECIPITATION 16 INCHES DESIGN STORM 10 YEARS LINE MANHOLE CAL DESIGN NO. FROM TO AREA COEF CA SAC TC I Q SIZE SIZE SLO ACRES MIN. IN/HR CFS IN. IN. % 1 1 2 0.19 0.70 0.13 0.1 10.0 1. 85 0.2 2 2 3 0.24 0.70 0.17 0.3 10.3 1.82 0.5 3 3 1 0.00 0.00 0.00 0.3 10.6 1.80 0.5 TOTAL AREA ANALYZED .43 ACRES USE lOiI / ../-/ /"'""-'"--~ - iJ,J G If;/ te) LA) U5e 12/i DATA FILE NAME: C:\BAS\NICOLI20.STM CONSTANT K= 0.81 CONSTANT N= 0.520 ADJUSTMENT FACTOR = 1 RECEIVED DEe 271:9) DATE: tJUdUC WORKS ADMINISTRATION ****************************************** * * * * * * STORM ANALYSIS KIER & WRIGHT 3350 SCOTT BLVD SANTA CLARA, CALIFORNIA ****************************************** BUCKNALL RD 10 YR MEAN ANNUAL PRECIPITATION 16 INCHES DESIGN STORM 20 YEARS LINE MANHOLE CAL DESIGN NO. FROM TO AREA COEF CA SAC TC I Q SIZE SIZE SLO ACRES MIN. IN/HR CFS IN. IN. % 1 1 2 0.19 0.70 0.13 0.1 10.0 2.06 0.3 4.1 6 2.0 2 2 3 0.24 0.70 0.17 0.3 10.3 2.03 0.6 5.6 6 2.0 3 3 1 0.00 0.00 0.00 0.3 10.6 1.99 0.6 5.5 6 2.0 TOTAL AREA ANALYZED .43 ACRES o \'. C"t11 (.;/~ ~~~ 1- '" ~ G' .ORCH'"'' CITY OF CAMPBELL Public Works Department December 24, 1996 Mr. Ken Olcott Kier & Wright 3350 Scott Boulevard, Building 22 Santa Clara, CA 95054 SUBJECT: 1681 Bucknall Road, Tract 8922, Permit 96-246 Dear Mr. Olcott: We are enclosing plan check comments on your plans for the off-site work. We have not completed the preliminary review of the grading and drainage plan because we have not received the hydrology/hydraulic calculations. Please call if you have any questions or comments. Very truly yours, ~J~~c. Cruz S. Gomez ~~. ~ Assistant Engineer ~ Enclosures CC: Harold Housley, Land Development Engineer Michelle Quinney, City Engineer H:\1681BUCK.L TR(WP)(JD) 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.379.2572 . TOO 408.866.2790 YVILLlAM F. JONES, INC. ! Soil/ Geotechnical Enginet-.., Ig Forensic & Insurance Investigations 865 Woodside Way, San Mateo, CA 94401-1611 (415) 342-9496/ FAX: (415) 375-0312 William F. Jones, P.E., G.E. Christopher I. Jones File: 196011.1 (A) 29th August 1996 Mr. John Nicoli c\o Sweeney Construction Co 496 Murphy Ave Sunnyvale CA 94086 Subject: 1681 Bucknell Rd Campbell, California GEOTECHNICAL INVESTIGATION .,...' Gentlemen: As requested, we have performed a Geotechnical Investigation for the proposed construction of six one- or two-story residences at the referenced address. SITE DESCRIPTION The site exists as a large, flat, rectangular lot upon which are two wood framed structures, and a swimming pool. There is no information available on whether or not there is a septic tank or leaching field on the property. SUBSURFACE INVESTIGATION Two test borings were drilled at the site on 2nd April, 1996, at the locations shown on Figure 1, "Site Plan and Locations of Test Borings". The test borings were drilled to depths of 15.5 and 19.5 feet below the existing ground surface with a truck mounted drill rig, using continuous flight augers. Selected subsurface samples were obtained from the test borings by driving a 3.25 inch outside diameter split spoon sampler into the undisturbed soil mass under the action of a 140 lb. hammer freely falling 30 inches. The locations of the soil samples can be found on the Logs of Borings, Figures 2 & 3 of this report. ( , ! File: 196011.1 (A) 29th August 1996 The number of blows required to drive the sampler one foot into the undisturbed soil are shown on the Logs as "Penetration Resistance". For comparative purposes, the number of blows recorded have been converted to the equivalent number of blows that vvould be required to drive a Standard Penetration Test sa~pler one foot into the same soils. Our borings indicated that the near surface soils consist of fine Sandy SILTS becoming more gravelly with increasing depth. No groundwater was encountered at the time of our investigation. None of the near surface soils appears to be "expansive." LABORATORY TESTING Following the test borings, the soil samples obtained were tested in our laboratory. These tests included strength, moisture content and in-place density. The results of the density and moisture content tests are listed on the Logs of Borings (Figures 2 through 4). RECOMMENDATIONS It is our opinion that this project can be constructed as shown on your site plan dated March, 1995, provided that the recommendations in this report are incorporated into the construction drawings. FOUNDATIONS AND DRAINAGE The soils encountered were rather low in density. Whilst they nevertheless showed good strength properties, they decreased in height during the shear strength testing. This is a sure sign of compressibility, which could show up under ordinary conventional foundation loading. A second issue to be considered is that parts of two of the proposed houses will sit over the swimming pool footprint, and parts of two other houses over existing structures footprints. -2- File: 196011.1.(A) 29th August 1996 We conclude that the foundation support for the new structures should consist of drilled cast-in- place reinforced concrete piers extending into the dense soils found at a depth of 6 feet in each of our borings. We recommend a depth of penetration of not less than 1 foot into the firm soils, Le. a pier depth of seven feet below the existing ground surface. In the cases of the two houses over the footprint of the swimming pool, the penetrations of the piers may have to be extended to be below the depth of gound disturbed by the swimming pool removal. Where there are existing structures, the..penetration of 7 feet into the ground should, unless some feature such as a basement is revealed under the existing structures, be adequate to be in undisturbed ground. We recommend the piers be designed as end bearing piers, for the following allowable pressures: 3,000 p.sJ. Dead Load plus Long Term Live Load 4,500 p.s.f. Dead Load plus Code Live Load 6,000 p.sJ. Dead Load plus Live Load plus Seismic Load The weight of the portion of the piers embedded in the ground may be neglected in the load calculations. The piers may be made deeper if a higher bearing pressure is required. Inasmuch as the near surface soils do not appear to have a significant expansion potential, creation of a space underneath the grade beams, such as can be made by the use of K-voids, will not be necessary. If prudence suggests this should be done as a matter of course, it is anticipated that no adverse structural effect should develope. We recommend that good drainage of water away from the structures and thence to the street should be created. Good drainage means grades of not less than 2% for concrete surfaces, and 5% for soil surfaces for a distance of up to 10 feet from a structure. Note that the latter represents 6" in 10', which is not an onerous slope. -3- ( File: 196011.1 (A) 29th August 1996 SITE PREPARATION AND GRADING Initial preparation of the site will involve the removal of the swimming pool and the existing structures, in addition to ordinary removal of debris and stripping of organic materials. In general any soils disturbed as a result of the clearing operations should be compacted to a relative compaction of not less than 90%, based on ASTM Procedure D1557-70(C). The moisture content of the soil should be close to optimum for the greatest ease of compaction. It Imported soil will be needed for filling the ~mmi-ng ppol after removal of the shell. Note that we recommend the shell be removed as part'Oru;edemolition, as well as any pipes that are exposed, to minimise future effects on the houses. The soil should be should be essentially granular, e.g. a silty sand, free of debris and physical contaminants, and should have a plasticity index of not more than 12, i.e. be considered non-expansive. The placement of a uniformly well compacted backfill in a hole in the ground such as that of a former swimming pool can be difficult to accomplish unless there is substantial working room available. If heavy equipment can not be mobilized, we strongly recommend that lifts of fill be thin, to permit adequate compaction by light equipment. Where fill is to be placed elsewhere, such as might be required to create acceptable drainage grades, the exposed soil surfaces should be first scarified to a depth of 8 inches, moisture conditioned as necessary, and recompacted to a minimum relative compaction of 90%. Any fills or backfills must be compacted to the same standard. The final grade shall be made to drain away from all structures in a positive manner. LIMITATIONS The opinions, conclusions and recommendations presented in this report have been prepared in accordance with generally accepted professional practice in the fields of foundation engineering and soil mechanics. We make no other warranty, either expressed or implied. The recommendations are based on our own field and laboratory studies, review of a few readily available geotechnical documents, other investigations previously published by our office in the immediate area, and the data which you provided us as of the date of this report. We did not test for the presence of Hazardous Materials or Soluble Salts, but none is represented or expected to be present. -4- ( .' File: 196011.1 (A) 29th August 1996 It is neither uncommon to encounter soil conditions during construction which vary from those . disclosed in the test borings, nor is it practical to determine such variations during a normally acceptable program of sampling. Such variations, if encountered, frequently require additional engineering services to attain a properly constructed project. If, therefore, variations or undesirable conditions are encountered during construction, or if the proposed construction will differ from that defined to us as of this report, we should be notified so that supplemental engineering services can be undertaken and re-evaluation of the recommendations prepared. It is suggested that a contingency fund be established to accommodate any additional charges that may result from such additional services. This report is issued with the understanding that it is your responsibility to ensure the information contained in it is made available to the project Structural Engineer, and that the necessary steps are taken to see that the recommendation presented herein are carried out in the field. Very truly yours, WILLIAM F. JONES, INC. Christopher I. Jones .-.....~~::~~ ~ ~i'(,Clf ~ssiQ,{,;~< (/"0 7 ;~~~:;!,.' ~,\ , .:::--/~\.o /}"'\~\ ! I 1 I .I I '\.: ~. .............. I I!, t' ' I -. 'P\"" :l, L ,;, ~r.'l - '\: . 'iA.,W ',','~J,O. ,: '8!~~ I / .(...t~(,. \ . '~:::'L. J:=:;' W"II' I F J P r'E \~2~~?:~":-'~~s~;~~ I lam . ones, . . ~~d:,"'-W RCE #9565; GE #448--- cc: 5 to Mr John Nicoli -5- Existing swimming p'ool ~ N I I I L.. I . --~ Bucknall Road LEGEND ~ Locations of Test Borings ~ ""- "'..J Locations of structures to be removed I r Locations of Proposed Buildings Scale: 1 in. = 28 ft. WILUAM F. JONES, INC. Soil Engineers Forensic & Insurance Investigations 865 Woodside Way, San Mateo, CA 94401 (415) 342-9496/ FAX: (415) 375-0312 File: 196011.1 Figure 1: Site Plan & Locations of Test Borings File: 196011.1 15 August 1996 / IN- Pt.ACE CEPTti SAMPt.E t.OG a Plnerroflon DESCRIPTION I..OCA nON Rn.._ DRY MOISTURE IN NO. OF DENSITY CONTENT FEET SAMPt.E 8IDWI/ft p.c.f. 0/0 dry ... Existing Ground Surface . o . Very fine Sandy SILT, with . . ~ decomposed roots, dark brown 1-1 2 Increasing clay content 91.1 13.6 . . - . . ~ . . 1--2 3 Clayey SILT with sand and organics, 94.4 24.9 very moist, dark brown . 5. 1 1-3 6 . . . 12 Fine SAND-GRAVEL-Clayey SILT . . mixtu=e, dark brown 104.7 9.0 . . . . - 10. ~ . . 1-4 16 Silty, fine to medium SAND, with medium small gravels, reddish , . . brown, cemented 104.4 3..6/ . . 12.2 . . -15.. ~ 1-5 26 .Highly cemented 109.8 11.8 . . . . . . :~. - . Drilling hard at 19' - rock -20. Boring Terminated at 19.5 feet . . No Groundwate:::- Encountered . . Date Drilled: 2 April 1996 . . . . . . . . . . . . Figure 2 - Log of Boring No. 1 . . File: 196011.1 15 August 1996 I' I: IN- PI..ACE . CEPT H SAMPI..E 1..0G a P.netraflon DESCRIPTION l.OCA nON DRY MOISTURE: IN NO. AIIlsrance OF DENSITY CONTENT FEET SAMP\..E llIC1Wt/II p.c.t. % dry .t. , Existing Ground Surface o . . . ~ 2-1 4 Very fine Sandy SILT with rootlets, . . dark brown 88.1 16.0 . . ~ 2-2 4 Increasing clay content 95.5 14.0 . . . . J 2-3 . . ~ Fine SAND-round small to medium GRAVEL-Clayey SILT mixture, ". 118.3 7.8 . . cemented . . ~ 2-4 5 Sandy CLAY with gravels 111.5 15.9 . . . . . . . . . . . . 1 2-5 38 Coarse SAND & GRAVELS/COBBLES 123.9 4.1 . . . . Boring Terminated at 15.5 feet . . No Ground Water Encountered . . .' Date Drilled: 2 April 1996 . . . . . . . . . . . . . . . . . . . . Figure 3 - Log of Boring No. 2 --------JRN. 7.1997 12:26PM KIER & WRIGHT NO. 764 P. 1/2 . KIER Civil Engineers I . WRIGHT I FAX MESSAGE ] , ,,' . .. - _.' JOB NO. q~ (J43 DATE 1/"7 /~ 7 , , TO: ! C,..~ a- Go K-1 ~ ~ FROM: MESSAGE: ~V\ tJ / c." +t- 11: flA~ ~ ,. 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CITY OF CAMPBEll Public Works Department 70 North First Street Campbell, CA 95~08 1681 Bucknall Road Tract 8922 Dare: March 20, 1997 FACSIMILE COVER SHEET TO: Russ Chiu, Pacific Gas & Electric Fax Telephone No. 725-2252 FROM: e.- -s e'c;>j Cruz Gomez - Phone (408)866-2163 Number of Pages Transmitted (including this page) 4 ~SSAGE: We have no objection to your proposal for the undergrounding as shown inc locations of poles be eliminated. It is our that all PG&E, Pacific Bell, TCI facilities placed Transmitted from Fax Phone # (408) 376-0958 SENT BY;PG&E ~ ~ ~ ~ ... , ~ d t <' al f1' ~ ..-,)<L -~ ~ ; ~- 6-97; 9;07 ;CUPERTINO SVC CB~TER~ C\) 0 q. :t.. (: ,.... 1 ~ ~ :r ~ ~ ti ~ t " i- f'" ~ \/I ("0)017 ~ ("t\ \t) ~ f' ?t" t ~ ,... r ~ I::t ~ o ( " ('~). j /..... tit o t '-I ~ 'r ,,-, f()- 408 3760958;# 2/ 3 o ~ ~~ ~ \ G SENT BY:PG&E .i 1'. .t I:~ . ~Ii ~,...z~ ~ 4I;W,,1'I,.... I .1 f ~. ..,,,,,..... . -:"_ ;;.. -:: -= -iJ .I.. a. _.~!!!~ 8991 . I '6 - A 80 ~i '" ~~I . ~ -.m' fJ 4M,..t. "Kr. AI...,~ t--- -~- . ,fa A Till "'n."Dl"l Q.... !!- : ~~ ~ t~IRD. · .. 119 ~<J~ ~I . , l 1 ~ . ~ ~ . . : f':A TO. - -"-J ...5.",10,'11 I. -t' . :' ~ ~- 6-97; 9:07 ;CUPERTINO SVC CB~TER~ L lit. ~~1 ,~ LIO~ ~~ ~ r ~~-"~ It' _ .. ""1/ . . .". . ..jJt1 (0 AI ,,) r...Q , <v oJ J" o '" (.I \] ,J ^ r.' ... ,,' 'of' ~ , ~ ~ ~ , \ ...- --- .'0 A TIll ...!tl.'O,'n 408 3760958;# 31 3 '" lC 4I'~""" nl ,.r ,.. ~ .. WAY f/lNU- "'I I -'UCKIII ~ II ill t . .~ '*H....q , ,~ r- Eli 1= ~. 0 ~<l!~ '" ~ " r: I ;.. ," Ii Santa Clara Valley Water District o 5750 ALMADEN EXPRESSWAY SAN JOSE, CA 95118-3686 TELEPHONE (408) 265-2600 FACSIMILE (408) 266-0271 AN AFFIRMATIVE ACTION EMPLOYER April 14, 1997 REe E'''~D APR 171991 "'u .wL~',- Vv A.DMINIS ......" TR4 no.' .<1 Me. John Nicoli 1681 Bucknall Road Campbell, CA 95008 Dear Me. Nicoli: Subject: Permit and Construction of 6-inch Water Main for Tract Number 8922 This letter is inform you that a permit will be issued to the San Jose Water Company (SJWC) for the construction of the 6-inch water main for Tract Number 8922, The permit that was recently issued to you (Number 97920) originally covered this construction, however, it has since been determined that SJWC will be installing the water main. The permit that has been issued to you will remain valid for the construction of the 6-inch sanitary lateral and the 12-inch storm drain for the Tract. Please reference Santa Clara Valley Water District File Number 24425 on further correspondence regarding this matter. If you have any questions, or need further information, you can reach me at (408) 265-2607, extension 2253. Sincerely, ~RIGINAL SIGNED BY Sue A. Tippets, P .E. Supervising Engineer Community Projects Review Unit cc: Me. Edwin Mello, P.E. San Jose Water Company 374 West Santa Clara Street San Jose, CA 95196 Jg. Chuck Gomes Department of Public Works City of Campbell 70 North First Street Campbell, cA 95008 Mr. Ken Olcott Kier and Wright 3350 Scott Boulevard, Building 22 Santa Clara, CA 95054 o recycled paper Sanla Oare Veley Wale< r:kJJid6 ;750 ALMADEN EXPRESSWAY. SAN JOSE. CA 951 4081 265.2600 PERMIT Facility: Campbell Distributary Date Issued: April 14, 1997 Permit No.: 97924 Permittee: San Jose Water Company Attn: Mr. Edwin Mello 374 West Santa Clara Street San Jose, CA 95196-0001 Telephone: (408) 279-7808 File: 24425 Campbell Distributary Bucknall Road at Weston Drive Re: 1681 Bucknall Road Track 8922 Purpose of Permit 181 Encroachment 181 Construction o Temporary Installation of a 6-inch water main overcrossing the District's Campbell Distributary. Construction Expiration Date: Amil 14. 1998 Encroachment Expiration Date: PERMtl::!:niE':NiUsj;::iNlfimjpV?ANO::iiURNlsQ:SGHEDOLE::OF'i'WORK:TQ: ........................................................,...............................,.........................,.....,........-.................................................-................................................................................................................................................................................................................. District's Construction Unit, clo 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 oermit 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, D1557, or D2922 except as modified herein. 2. Permittee shall use only nonpotable or reclaimed water for completion of activities under this permit, unless the District approves another source. 3. Measures must be taken to prevent or minimize disturbances to the District's pipeline. 4. Permittee must maintain a minimum clearance of 1 foot between the District's pipeline and the 6-inch water main being installed. Approval: /tAL -r Wt-fk Sue A. Tippets, . . Supervising Engineer Community p.rojects Review Unit cc: / Mr. Chuck Gomes :--1lepartment of Public Works City of Campbell 70 North First Street Campbell, CA 95008 D. Arroyo, S. Tippets, V. Stephens, D. Ely, C. Summers, File (2) VS:c1f FeE 60.. 112/8/951 M~R 12 '97 10:12 WILLI~M F JONES. INC. P.2/4 File: 196011.1 (A) 29th August 1996 The number of blows required to drive the sampler one foot into the undisturbed soil are shown on the logs as "Penetration Resistance". For comparative purposes, the number of blows recorded have been converted to the equivalent number of blows that 'M>uld be required to drive a Standard Penetration Test sampler one foot into the same soils. Our borings indicated that the near surface soils consist of fine Sandy SilTS becoming more gravelly with increasing depth. No groundwater was encountered at the time of our investigation. None of the near surface soils appears to be "expansive." LABORATORY TESTING Following the test borings, the soil samples obtained were tested in our laboratory. These tests included strength, moisture content and in-place density. The results of the density and moisture content tests are listed on the logs of Borings (Figures 2 through 4). RECOMMENDATIONS It is our opinion that this project can be constructed as shown on your site plan dated March. 1995, provided that the recommendations in this report are incorporated into the construction drawings. FOUNDATIONS AND DRAINAGE The soils encountered were rather low in density. Whilst they nevertheless showed good strength properties, they decreased in height during the shear strength testing. This is a sure sign of compressibility, Yklich could show up under ordinary conventional foundation loading. A second issue to be considered is that parts of two of the proposed houses will sit over the swimming pool footprint, and parts of two other houses over existing structures footprints. -2- MAR 12 '97 10: 12 WILLIAM F JO~~ES, UK. P.3/4 File: 196011.1. (A) 29th August 1996 We conclude that the foundation support for the new structures should consist of drilled cast-in- place reinforced concrete piers extending into the danae soils found at a depth of 6 feet in each of our borings. We recommend a depth of penetration of not less than 1 foot into the firm soils, i.e. a pier depth of seven feet below the existing ground surface. In the cases of the two houses over the footprint of the swimming pool, the penetrations of the piers may have to be extended to be below the depth of gound disturbed by the swimming pool removal. Where there are existing structures, the penetration of 7 feet into the ground should, unless some feature such as a basement is revealed under the existing structures, be adequate to be in undisturbed ground. We recommend the piers be designed as end bearing piers. for the following allowable pressures: 3,000 p.s.f. Dead Load plus Long Term Live Load 4,500 p.sJ. Dead Load plus Code Live Load 6,000 p.s.f. Dead Load plus live Load plus Seismic Load The weight of the portion of the piers embedded in the ground may be neglected in the load calculations. The piers may be made deeper if a higher bearing pressure is required. Inasmuch as the near surface soils do not appear to have a significant expansion potential, creation of a space underneath the grade beams. such as can be made by the use of K-vOids, will not be necessary. If prudence suggests this should be done as a matter of course, it is anticipated that no adverse structuraJ effect should develope. We recommend that good drainage of water away from the structures and thence to the street should be created. Good drainage means grades of not less than 2% for concrete surfaces, and 5% for soil surfaces for a distance of up to 10 feet from a structure. Note that the latter represents 6" in 1 (J, which is not an onerous slope. -3- M~R 1c '37 10:13 WILLI~M F JONES. INC. P.4/4 File: 196011.1 (A) 29th August 1996 SITE PREPARATION AND GRADING Initial preparation of the site will involve the removal of the swimming pool and the existing structures, in addition to ordinary removal of debris and stripping of organic materials. In general any soils disturbed as a result of the clearing operations should be compacted to a relative compaction of not less than 90%, based on ASTM Procedure D1557-70(C). The moisture content of the soil should be close to optimum for the greatest ease of compaction. Imported soil will be needed for filling the swimming pool after removal of the shell. Note that we recommend the shell be removed as part of the demolition, as well as any pipes that are exposed, to minimise future effects on the houses. The soil should be should be essentially granular, e.g. a silty sand, free of debris and physical contaminants, and should have a plasticity index of not more than 12, i.e. be considered non-expansive. The placement of a uniformly well compacted backfill in a hole in the ground such as that of a former swimming pool can be difficult to accomplish unless there is substantial vvorking room available. If heavy equipment can not be mobilized, we strongly recommend that lifts of fill be thin, to permit adequate compaction by light equipment. Where fill is to be placed elS8Vllt1era, such as might be required to create acceptable drainage grades, the exposed soil surfaces should be first scarified to a depth of 8 inches, moisture conditioned as necessary, and recompact.ed to a minimum relative compaction of 90%- Any fills or backfills must be compacted to the same standard. The final grade shall be made to drain away from all structures in a positive manner. LIMITATIONS The opinions, conclusions and recommendations presented in this report have been prepared in accordance with generally accepted professional practice in the fields of foundation engineering and soil mechanics. We make no other warranty, either expressed or implied. The recommendations are based on our own field and laboratory studies, review of a few readily available geotechnical documents, other investigations previously publiShed by our office in the immediate area, and the data which you provided us as of the date of this report. We did not test for the presence of Hazardous Materials or Soluble Salts, but none is represented or expected to be present. -4- Of.C44( ..... ,t;~ ".r.,' ~ U :::', .>:~r;., f" '~$ :~!: ,,: <!:' c,.... O.RCHA'R\1 CITY OF CAMPBELL Public Works Department March 11, 1997 Ralph Qualls Public Wodes Director City of San Jose 801 North First Street San Jose, CA 95110 Re: 1681 Bucknall Road, Campbell, CA Tract No. 8922 Connection to the City of San Jose Storm Drain System Dear Ralph: The City of Campbell is currently reviewing the storm drain improvement plans for the above- referenced development. Kier and Wright, engineer for the owner/developer John Nicoli, has prepared grading and drainage and street improvement plans (copies attached) which include a storm drain lateral from the property in the City of Campbell to the City of San Jose's storm drain in Bucknall Road. We understand that a representative of Kier and Wright has previously discussed these matters with Jim Tanner of the City of San Jose Public Works Department. The developer will be requesting approval to connect to the City of San Jose's storm drain lateral as shown on the plans. Based on similar situations in the past, we suggest that the City of Campbell and the City of San Jose proceed as follows: 1. Kier and Wright will prepare the plans for approval first by the City of San Jose and then by the City of Campbell. 2. The developer will obtain appropriate encroachment permits from both cities and shall notify each City prior to construction within the city. 3. Both cities will inspect the construction work within their respective jurisdictions. If you are in agreement, we will continue to follow this process in all future minor storm drain connections between our jurisdictions. If you have any comments, questions, or concerns, please contact me at 866-2150 or our City Engineer, Michelle Quinney, at 866-2159. 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 N' ~AQ8,.379.2572 . TOD 408.866.2790 ~W PW Fi~X if ;4..0.8-376-0958 Ralph Qualls March 11, 1997 Page 2 Thank you for your cooperation and assistance. s~~ Robert Kass Public Works Director cc: John Nicoli, Owner/Developer of 1681 Bucknall Road Jim Tanner, City of San Jose Public Works Department Ken Olcott, Kier & Wright File: 1681 Bucknall Road h: \landdev\csjltr(mp )wd SENT BY; ffi&E - "l.. ; 3- 6-97; 9;07 ;CUPERTINO SVC CENTER4 ~ ~ ~ ~ '" , ' d t <' ao. t1' ~ ~r ~ l' o ~ ~ ~ r ~ ~ ; 1 ~ ., l. .. ~ ~ "~ ~ III ~ f ~ t ~ Q \/I C\) C '" ~ 1 ~ ~ ~ l ~ v ~ ~ t " ~ I" ~ ..-,J<J.. ("0 >~ 'a ("t\ '" ~ So: f' ~ ~ ~ f" r ~ \'> o o [ t. C'> ~). j /...... b o t '-I t. 'r "', f()- 408 3760958;# 2/ 3 o ~ ~~ ~ \ G SENT BY: PG&E -I II, -i l:~ . ~Ii F~h ~ ~~m'I'4~ I .1 f ~. ..,,,,,,,... . -:" _ ;;.. -::-: ~ -it J.. All. ; 3- 6-97; 9:07 ;CUPERTINO SVC CENTER4 t L"'. .~1 ~~ 010; ,t ~ is ~.~-"~ ... .... .~:t . ~ .'" , 408 3760958;# 31 3 '''ll 4I''''~ l!l -~~~ 899' ' . '6 - A eo , ,I(' i'-l ,~I . ~ '.nI' :2;l 4M,.,1. Q.... ~~ : ~~ ~arD, ~<l~ ~I ..JPtf (, 0 ,., ,'sl't (q .q 6'" (u .... L# \J '" ^ r.' ..... ,,' .."'ro- ..,.... - i--- --- . ,,. II TII 4"'.'Ol'n ':' l 1 ~ l ~--- - --.- - it <1 ~~ --- ,I :::.~ \ 1 .' ~ . ~ I I WAY ., t " . U- ~ :Ii- . 0 ~<1i~ , l , .. . f" ~ f -...io~ - -~.. I "'51""0,111 ~ I ~ . '~II Tltl - . ItJ'IolO,'n ~ \ ., y; . :e ~ I ;~ ,'" . .t F'"' ..."...... .,....... . ~': ,.."..... , . -........, ~ ~ 6~ r:r'." J~ '\{ " 6~.::\7~! 7't1&I.. .." ..., ~ . ~\ ~..~ ... .. ~ , \ .NU- "II . ~ !\ t a -Iucee.. * .~ 4/fIH ....4 t - I~ Of ,c".4t f.,.,<~. .o~~ ... 't"" U r- . -' a .; "- 10 " ~. (,' I)I?CH'" \)' CITY OF CAMPBELL Public Works Department February 28, 1997 Mr. Ken Olcott Kier & Wright 3350 Scott Boulevard, Building 22 Santa Clara, CA 95054 Subject: 1681 Bucknall Road, Tract 8922, Permit 96-246 Dear Mr. Olcott: This to conform that we informed you that we had plan check comments on your plans for the off-site work and you said you would pick them up today, February 28, 1997. Please call if you have any questions or comments. Very truly yours, ()u0. #; fr?'l~ Cruz S. G~t;~ LJ Assistant ~ngineer ' cc: Harold Housley, Land Development Engineer Michelle Quinney, City Engineer H:\ WORD\LANDDEV\1681 BUC2(JD) 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.379.'2572 . TOO 408.866.'2790 NEW PW FAX # ...An n,..,.. .n.Fla__ o \'. CAJt fo.-\~' A~t<' ... r'" U r- . . .. . ... -So .... ~.O ,,' "CH'\l.O CITY OF CAMPBELL Public Works Department February 28, 1997 Mr. John Nicoli 181 Tan Oak Drive Scotts Valley, CA 95066 Subject: 1681 Bucknall Road, Tract 8922 Agreement, Bonds, Fees Dear Mr. Nicoli: Enclosed please find the agreement and the bonds to be executed and returned to the City for review and acceptance. The bonds are in the amount of $38,600. The fees due are as follows: 1. Plan Check and Inspection Fee, $4,632.00 2. Construction Cash Deposit, $1,544.00 3. Storm Drain Area Fee, $1,011.00 4. Monumentation Security, $2,500.00 Please call me at (408)866-2163 if you have any questions or comments. Very truly yours, at-t~~~;><.Zr:. CruzS.G~- lJ Assistant Engineer . Enclosures cc: Harold Housley, Land Development Engineer Michelle Quinney, City Engineer H:\ WORD\LANDDEV\ 1681 BUC2(JD) 70 North First Street . Campbell, California 95008.1423 . TEL 408.866.~iW' W~'k}{~2572 . TOO 408.866.2790 408-376-0958 FEB.27.1997 5:49PM KIER & WRIGHT NO. 334 P.2/2 WilliAM F. JONES, INC. Civil & Geotechnical Engineers Contact at: ( X ) Contact at: ( ) 1156 Snowbeny Court Sunnyvale CA 94087-2429 Tel: 408-245-0521: FAX: 408-739-9497 e-mail: rivergod@ix.netcom.com 865 Woodside Way San Mateo CA 94401-1611 Tel: 415--342-9496 FAU(: 415-375-0312 File: 196011.97a 17th January 1997 Mr John Nicoli 1983 Colony St MountaiN View CA 94043 Subject: Property at 1681 Bucknall Rd Campbell CA REVISED PAVEMENT DESIGN Dear Mr Nicoli: We have been asked by the City of Campbell, through a FAX message from Kier & Wright, what the pavement section for Bucknall Avenue will be if the AC surfacing is 4" thick. The required Gravel Equivalent of the whole pavement section is 1.68 feet. Four inches of AC has a gravel equivalent of 0.67 feet. This leaves leaving 1.01 feet gravel equivalent to be provided by the base rock. The required thickness of Class 2 base is thus 11 inches (1.01 feet divided by 1.1). Note that our previous letter stated the required Gravel EqUIvalent of the whole pavement sedion was 1.57 feet. This was an error. made when reading from a graph. In summary, the pavement section should consist of: Asphaltic Concrete CAe) . . . . . . . .. 4 inches Class 2 Base Rock. . . , . . . . . . . . . 11 inches cc: 1 to Mr Nicoli 2 to Kier & Wright FEB.24.19g7 12:25PM KIER & WRIGHT NO. 074 P.2/2 WilliAM F. JONES, INC. Civil & Geotechnical Engineers KIER & WRIGHT FEB 2 3 1997 1156 Snowberry Court Sunnyvale CA 94087-2429 R E eEl V E D Tel: 408-245-0521; FAX: 408-739~9497 e-mail: rivergod@ix.netcom.com Contact at: ( X ) Contact at: ( ) 865 Woodside Way San Mateo CA 94401-1611 Tel: 415-342-9496 FAX: 415-375-0312 File: 196011.97b 20th February 1997 Mr John Nicoli 1983 Colony 5t Mountain View CA 94043 Subject: Property at 1681 Bucknall Rd Campbell CA REVIEW OF DRAWINGS BY KIER & WRIGHT Dear Mr Nicoli: We have received for review and comment a set of 6 drawings for off-site improvements at the Bucknall Road project. They are identified as Job No 96043 of Kier & Wright. are dated Nov 1996, and' ~re signed by Gene Golobic, Professional Engineer. Kier and Wright must be complimented on the excellence of their drawings. The only item that needs clarification to complement what has already been done, as related to geotechnical or paving work, is that the thickness of the proposed layer of base rock, dra\Nl"l on the road section on Sheet 1, need.s to be dimensioned. We talked to ene Alcot about this, and he informed us he would undertake that task immediately. William F Jones PE RCE #9565; GE #448 cc: 3 to Mr Nicoli 1 to Kier & Wright ~~ P;l.Ic./4J~ ~ DFFSITE PLANTING PLAN" "'''10'....'' PLANTING LEGEND AND NOTES l~~..::.:.~i Sod lawn - double dwarf fescue 1'-1 Pyrus c. Chanticleer/Chanticleer Pear 36" box 1) Provide area at base of tree clear of turf, bound by a 2x4 pressure treated header each side of tree. Area clear CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT ENGINEER'S ESTIMATE Address: 1681 BUCKNALL ROAD (TR 8922) Date: 2/25JCr1 Encroachment Permit No. 96-246 Application No. TS96..()1 ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION UNIT QTY < S30K S30 K to SI50 K > SI50 K S AMOUNT I. SURFACE CONSTRUCTION MOBILIZATION I LS S 1,500.00 S 4,000.00 S 4,000.00 CONSTRUCTION TRAFFIC CONTROLCONTROUPHASING I LS S 1,000.00 S 2,000.00 S 2,000.00 CONSTRUcnON STAKING 1 LS S 750.00 S 1,000.00 S 1,000.00 CONSTRUCTION TESTING I LS S 750.00 S 1,000.00 S 1,000.00 II. DEMOLITION/CLEARING 1. CLEARING & GRUBB'NG I LS SI,750.00 S 1,750.00 2. SAWCUT P.C.C.lA.C.(UP TO 6-) 167 LF $4.50 S3.00 S2.00 S 501.00 3. P.C.C. REMOVAL SY S30.00 S23.00 SIO.OO 4. CURB AND GU1TER REMOVAL LF S6.00 S3.00 S2.00 5. MEDIAN REMOVAL SF $4.50 S2.25 SI.25 6. DEMOLISH EXISTING INLET/PLUG RCP'S EA S300.00 III. STORM DRAINAGE 1. 12" R.C.P. (CLASS V) 33 LF S60.00 $40.00 S20.00 S 1,320.00 2. 15. R.C.P. (CLASS 110 LF S65.00 $48.00 S38.00 3. 18. R.C.P. (CLASS 110 LF S70.00 S60.00 S52.00 4. 24. R.C.P. (CLASS III) LF S80.00 S68.00 S59.00 5. 30" R.C.P. (CLASS 110 LF S90.00 S75.00 S65.00 6. T.V. INSPECTION (12") 33 LF Sl.20 SO.75 SO.60 S 24.75 7. STD. DRAINAGE INLET EA SI,600.00 SI,300.00 SI,OOO.OO (C.C.DETAIL 5) 8. FLAT GRATE INLET EA SI,400.00 SI,IOO.OO S900.00 (C.C. DETA'L 6) 9. STANDARD MANHOLE 2 EA S2,OOO.00 SI,600.00 SI,300.00 S 3,200.00 (C.S.J. DETAIL 0-11) (INCLUDES FRAME & LID) 10. BREAK AND ENTER M.H.lD.1. EA S700.00 S550.00 $450.00 Page 1 ITEM UNIT PRICES FOR PROJECT AMOUNT NO. D.ESCRIPTION UNIT QTY < S30 K S30 K to SI50 K > SI50 K S AMOUNT IV. CONCRETE IMPROVEMENTS 1. SIDEWALK 355.5 SF S6.50 $4.50 S2.75 S 1,599.75 2. DRIVEWAY APPROACH 294.5 SF S7.50 S5.50 S3.75 S 1,619.75 3. CURB AND GUTI'ER 112 LF S22.00 SI8.00 SI5.00 S 2,016.00 4. VALLEY GUTI'ER SF S12.50 SIO.OO S8.25 5. HANDICAP RAMP 1 EA S 1,200.00 S800.00 S700.00 S 800.00 6. TYPE B-1 CURB LF SI2.00 S9.50 S7.50 7. TYPE AI-B3 CURB LF SI5.00 SI2.00 SIO.OO 8. COBBLESTONE MEDIAN SURFACE SF SI2.00 S8.00 S5.00 9. P.C.C. DRIVEWAY CONFORM SF S7.00 $5.50 $4.50 10. A.C. DRIVEWAY CONFORM SF $4.50 S3.75 S3.00 V. PAVEMENT 1. ASPHALT DIGOUT AND REPLACE CF S2.00 S3.50 S2.50 (1O"XI2"XI15' PCC SLURRY) 2. PAVEMENT WEDGE CUT (6') LF $5.00 $2.50 $1.50 3. PAVEMENT GRINDING SF SO. 80 SO.50 SO.35 4. PAVEMENT FABRIC (PETRO-MAn SY S2.00 $1.85 $1.50 5. ASPHALT CONCRETE (TYPE A) 51 T $80.00 $50.00 $35.00 $ 2,550.00 (110)(18)(0.33)(0.0775) 6. AGGREGATE BASE (CLASS 2) 115 T $40.00 $20.00 $12.00 $ 2,300.00 (110)(18)(0.83)(0.070) 7. SLURRY SEAL (TYPE II) SF SO.07 SO. 06 SO. 05 8. SLURRY SEAL (TYPE lll) SF SO. 11 SO.09 som VI. TRAFFIC SIGNALS/LIGHTS 1. DETECTOR LOOP (6' ROUND) EA $450.00 $300.00 S250.00 2. DETECTOR LOOP (6' x 30') EA $650.00 $540.00 $440.00 3. DETECTOR LOOP (6' x 50') EA S9OO.00 $750.00 S64O.00 4. ELECTROLIER 1 EA $2,600.00 $2,200.00 SI,800.00 S 2,200.00 5. I 1/2" RIGID CONDUIT 110 LF S9.00 S7.00 $5.00 $ 770.00 6. 2" RIGID CONDUIT LF SI7.00 $13.00 SIO.OO 7 CONDUCTOR 330 LF SO.70 $0.55 $0.45 $ 181.50 Page 2 ITEM UNIT PRICES FOR PROJECf AMOUNT S AMOUNT NO. DESCRIPTION UNIT QTY < $30 K $30 K to $150 K > $150 K 8 PULL BOX (NO.3 1/2) 2 EA S300.00 S24O.00 SI85.00 S 480.00 9 PULL BOX (NO.5) EA $400.00 S350.00 S300.00 VII. STRIPING AND SIGNS 1. REMOVE PVMT. MARKINGS (PAINT) SF $2.50 $1.50 $1.00 2. REMOVE PVMT. MARKINGS (THERMO) SF S3.00 S2.00 $1.40 3. REMOVE PVMT STRIPING LF SI.4O $0.80 $0.40 4. STRIPING DETAIL 9 LF $1.35 $0.85 $0.35 4A. STRIPING DETAIL 22 50 LF $1.10 $ 55.00 5. STRIPING DETAIL 29 LF $2.25 $1.65 $1.20 6. STRIPING DETAIL 32 LF S2.4O SI. 75 SI.25 7. STRIPING DETAIL 37 (THERMO) LF $1.85 $1.50 $1.00 8. STRIPING DETAIL 38 (THERMO) LF S2.50 S 1.85 S1.l5 9. STRIPING DETAIL 39 LF $1.50 $0.85 $0.45 10. STRIPING DETAIL 40 LF S2.20 S1.70 SI.OO 11. LIMIT LINE 20 LF $1.35 $1.05 $0.90 $ 21.00 12. CROSSWALK LF $1.35 $1.05 $0.90 13. PAVEMENT MARKINGS (PAINT) SF $2.50 $1.90 $1.60 14. PAVEMENT MARKINGS (THERMO) 22 SF $5.50 $3.80 $2.60 $ 83.60 (STOP) 15. PAVEMENT MARKER (NON-REFL.) EA $4.50 S3.00 $2.20 16. PAVEMENT MARKER (REFLECTIVE) EA $6.00 $4.15 $3.15 17. TYPE K MARKER EA $95.00 $80.00 $70.00 18. TYPE N MARKER I EA $95.00 S80.00 S70.00 S 80.00 19. SALVAGE ROAD SIGN EA $85.00 S75.00 $65.00 20. RELOCATE ROAD SIGN 3 EA $100.00 $85.00 S75.00 $ 255.00 21. INST. RD. SIGN ON EXIST. POLE EA $200.00 $145.00 $110.00 22. ROAD SIGN WITH POST 2 EA $300.00 $240.00 $195.00 $ 480.00 23 STANDARD BARRICADE 10 LF $15.00 $ 150.00 VIII. LANDSCAPING 1. IRRIGATION, PLANTING WORK I LS S2,835.00 $ 2,835.00 (90')(4.5')($7.00) Page 3 ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION UNIT QTY < $30 K $30 K to $150 K > $150 K $ AMOUNT 2 PRUNE TREE ROOTS EA $125.00 $100.00 $85.00 3. TREE REMOVAL EA $650.00 $500.00 $400.00 4. ROOT BARRIER (12") LF $20.00 $10.00 $6.00 5. ROOT BARRIER (18') 32 LF $25.00 $15.00 SIO.OO S 480.00 6. STREET TREE (15 GAL) EA $450.00 S325.00 S250.00 7. STREET TREE (36. BOX) 2 EA S700.00 S550.00 $400.00 S 1,100.00 8. TOP SOIL BACKFILL 15 CY $15.00 S 225.00 (90')(4.5 ')( 12")/27 IX. MISCELLANEOUS I. PEDESTRIAN BARRIER LF $75.00 $60.00 $50.00 2. CHAIN LINK FENCE (6') LF $15.00 $11.50 $9.25 3. RAISE MISC. BOX TO GRADE EA $300.00 $200.00 $175.00 4. RAISE MANHOLE TO GRADE EA $400.00 $275.00 $200.00 5. INSTALL MONUMENT BOX EA $450.00 $350.00 $300.00 6. MEDIAN BACKFILL CY $19.00 $17.00 SI.5.50 SUBTOTAL $ 3.5,077.35 PREPARED BY, C-~~ 10% SECURITY ENFORCEMENT FEE $ 3,507.74 REVIEWED BY: TOTAL ESTIMATE FOR FAITHFUL $ 38,.585.09 APPROVED BY, PERFORMANCE SECURITY $38,600.00 .See Section 66499.4 of the Map Act. H:\1681BKNL(MP)EXC. Page 4 Of'C4A.( . ~ Io.,'~~~ ... r' U t"'" . . ... ... -So .. ~. ,,' O~CHA..Q' (lfG O~C1~- CITY OF CAMPBELL Public Works Department December 24, 1996 Mr. Ken Olcott Kier & Wright 3350 Scott Boulevard, Building 22 Santa Clara, CA 95054 SUBJECT: 1681 Bucknall Road, Tract 8922, Permit 96-246 Dear Mr. Olcott: Weare enclosing plan check comments on your plans for the off-site work. We have not completed the preliminary review of the grading and drainage plan because we have not received the hydrology/hydraulic calculations. Please call if you have any questions or comments. Very truly yours, &uti J ~'7tU-~c. ^ Cruz S. Gomez cIx-~ I ~ Assistant Engineer ~ Enclosures CC: Harold Housley, Land Development Engineer Michelle Quinney, City Engineer H:\1681BUCK.L TR(WP)(JD) 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.379.2572 . TDD 408.866.2790 " CITY OF CAMPBELL DEPARTl\1ENT OF PUBLIC WORKS ENGINEERING DIVISION APPUCATION NO: ADDRESS: /~ &/ BcI~kv\~1 RA- ENCROACHMENT PERMIT NO. pI Ie) "'" e. e()..~e ;7 p.w CHECKLIST FOR STREET m1PROVEMENT PLANS Instructions: This checklist provides advance notification to applicants of the City of Campbell's final street improvement plans and submittal requirements. Using this checklist will expedite your application through the City's review process. Prior to submitting a final street improvement plan list to the City Engineer, please place an X. in the space to the right of each item below to indicate you have complied with. or place N / A to indicate that the particular item does not apply. Review applicable sections. which are referenced in parentheses, before checking: off each item. ITE1\1S OK N/A CITY COMMENTS I. GENERAL 1 Applicable General Notes included. (AttaChment A) ~ .., 24 "X36" sheet size used. including borders. ~ ... 3 Title Block/scale/nonh arrow shown. 'X 4 Plans capable of microfilm reproductions - minimum ~ 1/8 inch lettering. 5 Engineers name, number, expiration date and ?f signature included. 6 Vicinity Map shown (must be microfilmable). X 7 Sheet Index and key map included for 3 or more )( sheets . 8 Limits of Public Works inspection clearly shown on ~ plan, typical section, and bond estimate. 9 Street light locations/legend/PG&E signature shown. ~ . . V ~f/~"-se ( 0 C-CA- te ~~ + Dv v..J e..l" e- ~1c...0 c.-'IA. Y \. \ r- c::L p\. '/ ytevJ .,;' f 7 "^ "'- I '\ 1'" ll-e 0........ +- ITEMS OK N/A CITY COMMENTS 10 Request for annexation to Lighting District submined. (Accompanied by map & met~ and X bounds description and annexation fee). 11 Curb grade plans prepared by Public Works have )( been incorporated into improvement plans and verified as adequate. 12 Curb grade plans prepared by Engineer for review by Public Works and cross-sections @ 50' max. X intervals along road frontage and extending 150' min. ~ beyond limits of work. Profile line, centerline, & E.P. 13 Signing and striping plan plus existing striping <( ~ included in improvement plans. 14 Development No. (SUB,MS,LUP ,DP) shown on ple~G~ ~k s~ t" t each sheet. ~~ oV\ ?~~ 1# ,\I>' 15 Fire District signature shown for access and fIre t:j r.) Ir, f,,..t:/ hydrant location. ~o ~ 16 Verification of land rights for off-tract work (title X report, recorded easement, etc.) 17 Permits required from other agencies (Fish & Game, >( ~- Caltrans, Army Corps of Engrs. Flood Control.etc.) 18 Right of entry submitted for review for all off-tract 2S J. work. 0~ 19 Plans for landscaping within the public "right-of-way X ~ submitted for review. 20 Fence required along water district canals. X 21 Water testing required before paving for grades less X ~l%. = " -2- " ITEM:S OK N/A CITY COMMENTS n. ROADS A. Typical Sections 1 Structural sections indicated per R-value. 2 Curb type indicated. X 3 Right-of-Way and street width dimensions shown. X 4 2: 1 max. cut/fill slopes shown beginning @ R/W x: lines - Soils Repon verifying exceptions. 5 Crown Slope indicated. X 6 Sidewalk shown. )( 7 Pedestrian or bike paths shown. X 8 Pavement Design Chan shown with T.!. values for review. -3- -::. -- ITEMS OK N/A CITY COMMENTS B. Plan Views 1 Radius of curvatUre shown on all curves. >( 2 20' curb return radii shown for major thoroughfares )( and industrial streets. 3 24' min. curb opening for private road imersection. >( 4 Horizontal curves and sight distance designed per X Highway Design Manual. 5 Cul-de-sac radii (35' min.) shown. >( 6 Private road turnarounds shown. X 7 R1W and street width dimensions shown. )( 8 Centerline stationing shown at 100' intervals and at \' all curves. B.C., E.C. 9 Lot/parcel lines and numberslletters indic:IIed. ,X 10 Valley gutters indicated. Flag flow lines :ir quarter \ ,. points on curb returns and valley gutter cemerline. ~.~~ 11 Stationing and offsets of all drainage structures ., shown. .\ 12 TIC elevation at all drain structures w/in\'en and FL elevations shown. (Invert and FL elevations may be X shown on profile if preferred. If profJ.le is not on same sheet as plan view, TIC, invert, and Fl elevations must be shown on profJ.le.) 13 Drainage easements shown and dimensioned ''Xi' 14 Location of underground pipes and utilities shown. ./ Street- monuments shown. . , 15 16 Off-tract slope easements shown, with x-sections. / \ ,.- topo and offer of dedication for slope easements \ submitted for review. 17 Pedestrian Paths shown. Basic grades shown. X 18 Wheelchair ramps shown at returns per S[a[eSrd.Plan X I -4- -::. ITEMS OK N/A CITY COMMENTS c. Profiles 1 Verr curves designed for proper speeds per Highway )( Design Manual. 2 Minimum vert curve lengths observed. >( 3 Curb returns and cul-de-sac profiles shown (high and >( or low pts. indicated when vertical curve is used). 4 Vertical curve used for grade breaks greater than >( 2%. (3% on sag curves). 5 6 % maximum gradient observed @ intersecting ,.' ,- streets. , , 6 6 % maximum grade observed across intersection. '>( 7 1 % minimum grade observed on all streets. X" 8 Maximum street grades per ordinance. "< / 9 Underground pipes and utilities shown. - / ~<, 10 Existing ground on centerline shown. Where topography is steep, existing ground left and right of , X centerline has been shown. Cross sections may be required. 11 Finish grade profile for centerline and for top of curb \-. shown (left & right) if special grades required. 12 Cul-de-sacs all have 1 % to 4% cross slope between ';\ gutter lip and high point. 13 Super elevation grades shown where required by X Highway Design Manual. 14 Back of curb flow diverters indicated on proposed --/ county streets with grades over 5 % when no sidewalk /\ installed. 15 Centerline profiles of intersecting streets shown to their point of intersection. (Showing curb return or / ')(o" other profiles in lieu of the centerline profile is not ''\ . an adequate or correct representation.) 16 Off-tract profile to catch pt. shown where road is , constructed to subdivision boundary. ,< I -5- ITEMS OK N/A CITY COMMENTS 17 Centerline stations and elevations shown @ 100' ~I minimum intervals and @ all BVe, EVC. PIVe, and grade breaks. 18 Profile slopes indicated. X -6- ITEMS OK N/A CITY COMMENTS III. DRAINAGE A. Hydrology-Hydraulics 1 Contour maps-continue for 100 feet + beyond i property. .., 100 year water surface calculations completed when natural watercourse or drainage facility flows through , , / or adjacent to subdivision or the property lies within X flood hazard or flood prone area and water surface shown on plans. .. EGL, HGL, FI, EI, Q,A,S, V, freeboard at -' structures, structure losses. tail water assumptions, , \. ~o super or subcritical flow all indicated. ,.\ 4 Adequacy of in-tract drainage system verified. ." 5 All starting water surface calculations adequately verified. (When computing beginning watersurface in (( natural watercourse and no obvious point of control is available, begin 500' downstream and work up to point in question.) 6 Adequacy of off-tract drainage syste"m verified. ~e\"" S... ), -7- ITEMS OK N/A CITY COMMENTS B. Easements 1 Off-tract drainage improvements (plan and profile) and accompanying easements shown. Off-tract offers ?( of dedication for drainage easement submitted for reVIew. ') Off-tract work to be done but no easement requirements. Right of entry submitted for review. 3 Easement widths indicated for (a) Closed conduits, , \ (b) Open channels. 4 Sufficient X-sections submitted to verify easement widths and Development rights for open channels. .' ( 5 Access and ingress easements shown, graded to be X useable. 6 Minimum 12' ingress easement to public way y provided to all access easements. 7 Minimum 40' centerline radius for access easements i shown. 8 Structure setback line indicated and location verified X with X-sections for unimproved channel. 9 Fences shown as required where street crosses X watercourse or drainage structure. 10 Fences shown as required at outside boundaries of / open lined channel easements and water district " / canals. -8- ITEMS OK N/A CITY COMMENTS c. Structures I Inlet depths without manhole bases and max. dia. pipes through inlets observed. Type A 6' CC 3011 36" front 30" side { Type B 12' CC 3012 30" side Type C 4' CC 3013 36" front 24" side Type D 6' CC 3016 36" front 24" side Type E 4' CC 3017 36" front 24" side ..., Max. diameter pipes through manholes observed. .. Type I 24" CC 3020 ~ Type II 42" CC 3021 Type III 60" CC 3022 ,., 1.25' minimum freeboard in inlets and manholes. Pe~ t;.~. -' 4 HGL shown in all structure profiles. 5 Type C inlet shown with grate unless in pedestrian X area, FL elevation of side opening also indicated. 6 Structure type indicated on plan or on structure list X on same plan sheet. 7 Type B or E inlets used on streets with grades 6 % or \. ./ steeper. \ , 8 Ladder grab irons provided for manholes over 12 X feet deep. 9 Gutter spron lengths for A or B inlets specified for " ''\ ~", .~ profile grades 3 % or greater. , 10 Indicate internal dimensions of non-county standard ~ drainage structures used in private systems. -9- ITEMS OK N/A CITY COMMENTS D. Pipe 1 Closed conduit minimum slope of 0.003 observed. y 2 Natural watercourses are placed in closed conduits ')( for flows less than 80 cfs. 3 Gage of corrugated steel or aluminum pipe noted on '(' plans. 4 Water directed into inlet does not reverse the '>( direction of flow. 5 Minimum centerline radii of pipe checked. Beveled . I RCP lengths specified (bevel one or both ends) and ", stationing of E.C. and B.C. indicated. 6 Outlet protection for closed conduits or lined '., /" channels provided. ..., 7 2' minimum cover over pipe observed (provided manufacturer specs does not require more) unless .' "/ special design and cales. submitted, 3' minimum "- , cover for plastic pipe. 8 Design Q shown on pipe profile. 9 Minimum cleansing velocity of 2 FPS with half design flow observed. 10 18" minimum pipe size. ) / L,> ~\7 \o~ ~ ' \ b' \ t ~Oo' -10- ITEMS OK N/A CITY COMMENTS E. Channels 1 Maximum velocity in earth channel verified by soils X report - minimum velocity 3 fps. 2 Improved earth channel side slopes shown to be 2: 1 X or less steep as specified by soils repon. 3 Lined channel side slopes as specified by soils report. '< 4 Areas noted to be cleared of structures, trees, brush, < and debris within natural channel and watercourses. j: \harary\impropln.lst -11- -- ;NILLJAM F. JONES, INC. ! Soil! Geotechnical Enginel g Forensic & Insurance Investigations 865 Woodside Way, San Mateo, CA 94401-1611 (415) 342-9496/ FAX: (415) 375-0312 William F. Jones, P .E., G.E. Christopher I. Jones File: 196011.1 (A) 29th August 1996 Mr. John Nicoli c\o Sweeney Construction Co 496 Murphy Ave Sunnyvale CA 94086 f' t. '(- C 0:-\\., \ _' 1.-- ~('>(:.- 1:.:, Io~>.)~~\o. \,,' t.... Subject: 1681 Bucknell Rd Campbell, California GEOTECHNICAL INVESTIGATION . . \:... ~ t, t~:, ~,"-, .~-" ,.--' > \'~ .~"'Il".' ~....I Gentlemen: As requested, we have performed a Geotechnical Investigation for the proposed construction of six one- or two-story residences at the referenced address. SITE DESCRIPTION The site exists as a large, flat, rectangular lot upon which are two wood framed structures, and a swimming pool. There is no information available on whether or not there is a septic tank or leaching field on the property. SUBSURFACE INVESTIGATION Two test borings were drilled at the site on 2nd April, 1996, at the locations shown on Figure 1, "Site Plan and Locations of Test Borings". The test borings were drilled to depths of 15.5 and 19.5 feet below the existing ground surface with a truck mounted drill rig, using continuous flight augers. Selected subsurface samples were obtained from the test borings by driving a 3.25 inch outside diameter split spoon sampler into the undisturbed soil mass under the action of a 140 lb. hammer freely falling 30 inches. The locations of the soil samples can be found on the Logs of Borings, Figures 2 & 3 of this report. (-, f File: 196011.1 (A) 29th August 1996 The number of blows required to drive the sampler one foot into the undisturbed soil are shown on the Logs as "Penetration Resistance". For comparative purposes, the number of blows recorded have been converted to the equivalent number of blows that would be required to drive a Standard Penetration Test sa~pler one foot into the same soils. Our borings indicated that the near surface soils consist of fine Sandy SILTS becoming more gravelly with increasing depth. No groundwater was encountered at the time of our investigation. None of the near surface soils appears to be "expansive." LABORATORY TESTING Following the test borings, the soil samples obtained were tested in our laboratory. These tests included strength, moisture content and in-place density. The results of the density and moisture content tests are listed on the Logs of Borings (Figures 2 through 4). RECOMMENDATIONS It is our opinion that this project can be constructed as shovvn on your site plan dated March, 1995, provided that the recommendations in this report are incorporated into the construction drawings. FOUNDATIONS AND DRAINAGE The soils encountered were rather low in density. Whilst they nevertheless showed good strength properties, they decreased in height during the shear strength testing. This is a sure sign of compressibility, which could show up under ordinary conventional foundation loading. A second issue to be considered is that parts of two of the proposed houses will sit over the swimming pool footprint, and parts of two other houses over existing structures footprints. -2- File: 196011.1. (A) 29th August 1996 We conclude that the foundation support for the new structures should consist of drilled cast-in- place reinforced concrete piers extending into the dense soils found at a depth of 6 feet in each of our borings. We recommend a depth of penetration of not less than 1 foot into the firm soils, Le. a pier depth of seven feet below the existing ground surface. In the cases of the two houses over the footprint of the swimming pool, the penetrations of the piers may have to be extended to be below the depth of gound disturbed by the swimming pool removal. Where there are existing structures, the.penetration of 7 feet into the ground should, unless some feature such as a basement is revealed under the existing structures, be adequate to be in undisturbed ground. We recommend the piers be designed as end bearing piers, for the following allowable pressures: 3,000 p.s.f. Dead Load plus Long Term Live Load 4,500 p.sJ. Dead Load plus Code Live Load 6,000 p.sJ. Dead Load plus Live Load plus Seismic Load The weight of the portion of the piers embedded in the ground may be neglected in the load calculations. The piers may be made deeper if a higher bearing pressure is required. Inasmuch as the near surface soils do not appear to have a significant expansion potential, creation of a space underneath the grade beams, such as can be made by the use of K-voids, will notbe necessary. If prudence suggests this should be done as a matter of course, it is anticipated that no adverse structural effect should develope. We recommend that good drainage of water away from the structures and thence to the street should be created. Good drainage means grades of not less than 2% for concrete surfaces, and 5% for soil surfaces for a distance of up to 10 feet from a structure. Note that the latter represents 6" in 10', which is not an onerous slope. -3- File: 196011.1 (A) 29th August 1996 SITE PREPARATION AND GRADING Initial preparation of the site will involve the removal of the swimming pool and the existing structures, in addition to ordinary removal of debris and stripping of organic materials. In general any soils disturbed as a result of the clearing operations should be compacted to a relative compaction of not less than 90%, based on ASTM Procedure 01557 -70(C). The moisture content of the soil should be close to optimum for the greatest ease of compaction. It Imported soil will be needed for filling the ~ming !?pol after removal of the shell. Note that we recommend the shell be removed as part of1fi"edemolition, as well as any pipes that are exposed, to minimise future effects on the houses. The soil should be should be essentially granular, e.g. a silty sand, free of debris and physical contaminants, and should have a plasticity index of not more than 12, i.e. be considered non-expansive. The placement of a uniformly well compacted backfill in a hole in the ground such as that of a former swimming pool can be difficult to accomplish unless there is substantial working room available. If heavy equipment can not be mobilized, we strongly recommend that lifts of fill be thin, to permit adequate compaction by light equipment. Where fill is to be placed elsewhere, such as might be required to create acceptable drainage grades, the exposed soil surfaces should be first scarified to a depth of 8 inches, moisture conditioned as necessary, and recompacted to a minimum relative compaction of 90%. Any fills or backfills must be compacted to the same standard. The final grade shall be made to drain away from all structures in a positive manner. LIMITATIONS The opinions, conclusions and recommendations presented in this report have been prepared in accordance with generally accepted professional practice in the fields of foundation engineering and soil mechanics. We make no other warranty, either expressed or implied. The recommendations are based on our own field and laboratory studies, review of a few readily available geotechnical documents, other investigations previously published by our office in the immediate area, and the data which you provided us as of the date of this report. We did not test for the presence of Hazardous Materials or Soluble Salts, but none is represented or expected to be present. -4- (-' ,/- ,..... File: 196011.1 (A) 29th August 1996 It is neither uncommon to encounter soil conditions during construction which vary from those . disclosed in the test borings, nor is it practical to determine such variations during a normally acceptable program of sampling. Such variations, if encountered, frequently require additional engineering services to attain a properly constructed project. If, therefore, variations or undesirable conditions are encountered during construction, or if the proposed construction will differ from that defined to us as of this report, we.should be notified so that supplemental engineering services can be undertaken and re-evaluation of the recommendations prepared. It is suggested that a contingency fund be established to accommodate any additional charges that may result from such additional services. This report is issued with the understanding that it is your responsibility to ensure the information contained in it is made available to the project Structural Engineer, and that the necessary steps are taken to see that the recommendation presented herein are carried out in the field. Very truly yours, WILLIAM F. JONES, INC. .... . ' ,I<~~':'... #"'.s?,Qf ~ssiQ~~ r" ~\..~~;~1.>. ! 7 I'~~),,, r. J'o.~"( ~\ I I ,.~ /y,..\ ~ . ~ / J /'" !, I .../ \J-J\-:":;-; I:l, ,L ;,i. ~l.- 'I - . \~ ',~~ ',",~ ~o'. :'8 ': ~,-' / .(".t~(... ; . ~,::~". 1-_. , I \ __ . .... ~.vu I ,'. "'~(',... ...~.;/~: ,,\,<.,".'1" '\' / :~~a::~~~~~s~~.~ Christopher I. Jones cc: 5 to Mr John Nicoli -5- Existing swimming p'ool ~ N I I I Lu u~ Bucknall Road LEGEND ~ . Locations of Test Borings ~ '" ~ Locations of structures to be removed [ r Locations of -Proposed Buildings Scale: 1 in. = 28 ft. WILUAM F. JONES, INC. Soil Engineers Forensic & Insurance Investigations 865 Woodside Way, San Mateo, CA 94401 (415) 342-9496/ FAX: (415) 375-0312 File: 196011.1 Figure 1: Site Plan & Locations of Test Borings File: 196011.1 15 August 1996 / IN- PI..ACE CEl'T H SAMPI..E I..OG a Plnefta"oft DESCRIPTION UlCATION DRY MOISTURE IN NO. Rellltcnce OF DENSITY CONTENT FEET SAMPl.E 1II0000fl p.c.t. 0/0 dry .t. Existing Ground Surface . o . with Very fine Sandy SILT, . . ~ decomposed roots, dark brown 1-1 2 Increasing clay content 91.1 13.6 . . - . . ~ . . 1--2 3 Clayey SILT with sand a.nd organics, 94.4 24.9 very moist, dark brown . 5. ] 1-3 6 . . . 12 Fine SAND-GRAVEL-C1ayey SILT . . mixtu=e, dark brown 104.7 9.0 . . . . . 10' ~ . . 1-4 16 Silty, fine to medium SAND, with medium small gravels, reddish . . brown, cemented 104.4 3..6/ . - . 12.2 - . . .15.' ~ 1-5 26 _Highly cemented 109.8 11.8 . . . . . . '.' . . Drilling hard at 19' - rock .20' Boring Terminated at 19.5 feet . . No Groundwater Encountered . . Date Drilled: 2 April 1996 . . . . . . . . . . . . Figure 2 - Log of Boring No. 1 ----- -"'''''''~4.. . . 15 August 1996 ( IN- PLACE. tEPT H SAMPLE LOG 6 Pwtetratlon DESCRIPTION l.OCA TI ON DRY MOISTURE: IN NO. Aellltcrlca OF DENSITY CONTENT FEET SAMPLE: Illow./ft ..c.t. 0/0 dry .t. , Existing Ground Surface · 0 . . . 2-1 ~ . 4 Very fine Sandy SILT with rootletsj . dark brown 88.1 16.0 . . 1 2-2 4 Increasing clay content 95.5 14.0 . . . . h 2-3 . .. I Fine SAND-round small to medium GRAVEL-Clayey SILT mixture, h, 118.3 7.8 . . cemented . . ~ 2-4 5 Sandy CLAY with g:::-avels 111.5 15.9 . . . . . . . . . . . . j 2-5 38 Coarse SAND & GRAVELS/COBBLES 123.9 4.1 . . .- . . Boring Terminated at 15.5 feet . . No Ground Water Encountered . . ~. Date Drilled: 2 April 1996 . . . . . . . . . . . . . . . . . . . . Figure 3 - Log of Boring No. 2 O,,'C;t.L ,,~'~''l.b4'~ ... r" U ro- . . '" ... <$0 "- ~. ,,' O~CHA\lQ' CITY OF CAMPBELL Public Works Department December 2, 1996 Ken Olcott Kier & Wright 3350 Scott Blvd., Bldg. 22 Santa Clara, CA 95054 Re: 1681 Bucknall Road Improvement Plans Dear Mr. Olcott: We received your street improvement plans for the above subject property on November 14. In accordance with my message to your voice mail on November 16, we will not commence checking these plans until we have a full submittal which should include a Final Tract Map, Grading Plan and related items. Please give me a call if you have any questions. Sincerely, J4-td<,"- L~ I. Harold Housley, P.E. Land Development Engineer cc: Chuck Gomez 1681 Bucknall File h: \1681 bucknall.ltr(mp)wp 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.379.2572 . TDD 408.866.2790 NEW PW FAX # 408-376-0958 KIER WRIGHT Civil Engineers June 2, 1998 F /$~~bt r. Robert Kass ublic Works Director City of Campbell 70 North First Street Campbell, CA 95008 RE2CE:II/E:D JUN 05 P/,j , 1998 i'\ I:JL,IC DI!.1INI~ \fIQff~ rl1Ario~ e: TractlVo.8922 Bucknall Road, Campbell Dear Mr. Kass: This letter is to confirm that Kier & Wright Civil Engineers & Surveyors, Inc. has set the street monuments and the property comers for the referenced tract and have been paid in full for our services to date on the project. Please call me if you have any questions. Sincerely, Ted L. Wilson, LS Principal TL W /jc \ \server 1 \admin\word\ted\05191tr.doc 3350 Scott Boulevard, Building 22 · Santa Clara, California 95054 . (408) 727-6665 . FAX (408) 727-5641 City of Campbell - Refundable Deposit Check Request To: Finance Director Check Payable To: Address - Line 1: Line 2: Description: Total Payable: Account Number: Account Number: Account Number: (FiB.Bce Dept aBly) Purpose: Voucher #: City: John Nicoli 496 South Murphy Avenue Sunnyvale Refund Deposit $705.00 101.2203 101.540.7448 Ioterest Earned Refund of Plan Check Deposit Requested I. Approved by: Bill Finance Dept Only: Verified by: Approved by: State: CA Zip: 94086-6114 (Exact Amount) Amount: $705.00 Amount: Amount: (FiBanee Dept only) Permit #: 96-246 Date: 10/10/1996 Title: land Dev. Engineer Date: 08/31/2000 Title: Land Dev. Manager Date: 08/31/2000 Title: Accounting Clerk II Date: Title: Accountant Date: ~ecial Instructions For Handling Check Mail As Is: Return To: Other: fin: FormsiexceUchkreq . Revised 02100 Mail in Attached Envelope: Joanne D'Ambrosia (Name) Interim Check: Needed By: Public Works/City Hall (Department) O,,'L4At . A ~....' ~ I...~' ~ ... +.,', r" ~ -( . r- ,;.... ~ ... -s. .-;ck..,,__ " ~ ,-,' 'o-t CH' Il" CITY OF CAMPBELL Public Works Department August 21, 2000 Bucknall Development c/o John Nicoli 496 South Murphy Avenue Sunnyvale, CA 94086-6114 Re: Project Address: 1681 Bucknall Road EP 96-246, Tract No. 8922 Monumentation Cash Security Dear Mr. Nicoli: According to the City's records, a $2,500.00 cash security bond is still being retained for setting the survey monuments for the above-referenced Tract No. 8922. 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 Tract Map No. 8922, 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 Tract Map No. 8922 monuments should have been set on or before February 1,1998. Please respond within two (2) weeks of receiving this letter. Contact David Corona or me at (408) 866-2158 if you have any questions. I. IZ:';HoUSley, P.E Land Development Engineer cc: LD File/1681 Bucknall Road EP File/96-246 Alan Horn, Public Works Inspector Michelle Quinney, City Engineer Ted L. Wilson, Kier & Wright, 3350 Scott Blvd, Bldg. #22, Santa Clara, CA 95054 j :\ld\monuments due 70 North First Street. CampbelI, California 95008-1423 . TEL 408.866.2150 . FAX 408,376.0958 . TOD 408.866.2790 ....... .;:0 00 12: 02p JACKIE NICOLI 408 245-8130 p.3 .Of'C"'4t~ 4<4. 6tt- ~ \'" ,..~ '~:.:,~:';.......JO~._ _, ."CITY'oF CAMPBELL '.,..... . Public Works Department September 24, 1998 John Nicoli 181 Tan O::lk Orive Scotts Valley, CA 95066 SUBJECT: PERMIT NO. 96-246 LOCATION: 1681 Bucknall Road FINAL INSPECTION AND ACCEPTANCE Dear Mr. Nicoli: The City of Campbell has made a final inspection of subject Public Works improvements and finds the work to be acceptable and in conformance with City standards. Accordingly. the City Engineer accepts the improvements. The one year maintenance period stated in the permit begins as of the date of this acceptance letter. The permittee is responsible for the repair and/or replacement of any defective work or failures that occur within one year. The City will inspect the improvements within one year and notify you, in writing, whether or not any repairs are required. Your Faithful Performance Bond will be kept in force for the duration of the one year maintenance period or until a Maintenance Surety equal to 25 % of the Faithful Performance Bond is received. If you have any questions, please call me at (408) 866-2168. Si=e)Yb L A1an~ Public Works Inspector MQ cc: -," :/.' H:\WORD\LANDri~(JD) ,; .... _"~";'.~"'~ .. . , - 70 North Fim S_t . Campben, Callfurnla 9'008.14;:3 . TEl. 408.866.2150 . FAX 408.376.09n . TDl) .08.866.2790 ".,)' - ....20 00 12:02p I' JIJ'i. 3.1998 9: lliR1 408 245-6130 · NO. 267. JACKIE NICOLI ~& l<,f(IGHT P.2/2 JUDe 2.1991 . . Robert Kass blic WorD Director ity o(Campbeu o North First Street ampbell, CA 95008 ~== C;.,w"') / Mr. ~-,_..___._________.--- lener is to conthm that ICier &: Wright Civil Euaineers & Swveyors, Inc. has set the t monuments and the property comers for the referenced tract and have been paid in full for our services to date on the project, 1eue caU me if you have any questions. Ted L. Wilaon, LS Principal TL W/jc \\tcMrI\admm\wanl\ted\OS191tr.doe 3360 Scott Boulevard. Aulldlng 22 · Slnta Cia,.. Cat.tom,. tSOIW . C.tOl) 727'" . FAX (401) 727....' p.2 I ---- - 'UBLlC WORX.S DEPARTMENT RECDl'T Elf........ July 1, 1996 TO: City CIeri< PUBLIC WORKS fILE NO. <:::::t C::, - <... 4--i:c. l G '~\ ~C-1Lf.......)'f:;.\-i- PIlOPERTY ADDIlESS PI_ collect &: r1lCCipc for tile folJowiDa monies: ...,-.........-........ ACcr: ITEM ... -.......-........... -:.:.::::::::.::::.::::::::::::::.::.:::::.::>::::::.:.::N;iOOO:::::::::::::::::: .....,,_. .....--,........ . . ." ........... ".".... "35.535.4921 I Proiect Revenu. (SIlOCifv oroiectl S ENCROACHMENT PERMIT 41221 I\ppliClUion Fee h- -:2-.<::.. . t:aS> Non-UtililV Ena-o.dunem Permit ($225) R-I First Permit (No Fee~ Subseauent PermillYr ISIOO) I Utility En=-clunem Permit An.enoJ/Coll_ Street ($325) Residential StreetIOdIer AlaI $225) ::::03 PIIIl Check Deoosit- 2"1. ofENGIl. EST. S500 min) . "l'~ -- ::::03 Faithful Penonnance SecurilV 1l'PS) 100% oCENGR.EST.) . 2:03 Labor and Marerials Securitv looele oCENGIl. EST.) 2203 Monumentllion SecurilV 10000CENGIl.EST.) . :2031 Cas/! !>eI>osit 4% oCENGIl.EST. VS500 rninlSlO.ooo ...... . ::::031 Labor IIHi Mlll:noJ Securitv l00eleofENGIl. EST.) . PIIIl Check.t Inspection Fee (Not>oUtility) 4m Engr.Est. < $2S0.OOO (12% oCENGR. EST.) .. n03 En1ll'.Est.>S2.S0.ooo IDmMit8% ofENGIl. EST JDO.OOO miD. \.. . 4712 UtililV < SIOO.OOO 18%) Minimum C~. P,.. Loc8tion (SI20) ConduilSlPioelines UllIO SOO Feel (SI.601ft) Abov. 500 Feet (SI.I 0Ift.) ManholesN aullSlE!c. (SIOSla) Pol. Setl1l.emoval ISI0Sla) Slreel Tree Plantina/1l.emoval (SIOSltree. .. 2203 , Utilitv > SIOO.OOO AClUai Cost"""' 20-/. .. . 47601 Proiect Plans .t SoeciriClUion. Proiect No. 47601 Standard SoeclriClUions &: Details (Slil'1Z S12JBook) 47601 Cooies of Enllineerinll MIlD. dl: P111lS IS.SO/sa.ft.l ~i::l Penaities: F3ilure to restore oublic imgrovanents (S 1 OO/Calendar Dav I I (Muni Cod. Section 1l.34.0101 47::1 Penalties: Fsilure to colT'eCt unsafe conditions (SIOOICalendar Dav LAND DEVELOP~NT J7:: Lot Lin. Adiusanent ISSOO) .7""1 Parcel Mao 14 Lots or Less) (Sl.I)60'" S2.SlLotl .7::1 Final Tract ~ao (5 or !>fo", Lots) ISI.380'" S2.SlLotl 47"'': I Certiticate oj Cornaliance ISSOO) .7121 Certlticate oj Correction IS300) 47<<1." Vacation oj !'uolie Sir.... &: Easements ISS50) .7::1 ....ssessment S~on or RClIDllOrtionment I First Solit (SSSO) Each Additional Lot (S1701 47:11 Storm Draln.....-'.rea Fee?er Acre (1l..I, $2.000) I (Multi-Res. S'2.2S0) I All Oth.... $2.5(0) .9:01 P3rkJand De<lic:won Fee I .9651 POSWI. TRAmC H:81 lntenection Turn Counts ITwo-Hour Count) ($60) 47:81 lnu:rsection Turn Counu(a.m. orO.m. oeaksl ISI25) 47:81 TnIllie Flow ~IID (Dailv TnIllie Volumes) 1$27) 47:81 Camobell Tr.ulie Model (FujI 500". Assessmen.l ($""';:S01 47:81 Camabell Tr.ulie ~od.J (Reduced Scooe Assessment) 1$7401 .:711 TrucJc P=its (S3Sluin) 47:81 No Porlcinll SilUlS ($IIeac!t or $"..51100) OTHER I TOTAL ~~ '-'.0.0 NAME OF .-'J'l'L1C.\.'IT . '. ~ k.tL C~.i...-l PHONE 4--:::"9- - i ''":2.~ .. NAME OF P.... YOR "".:C-J. .... .- ....... -:::. \ G . \~~ j 0~ \::::. C-' cr-~ G;;t'- ADDRESS \0 c:>\ ZIP ~.~~ -~ ':-. -=;;:... ~~ 'ir:::".~i.....e, .. ....ctual C"" Plus :001. Overhead 1N0n-lnten::u bearina deoosit) /. v ./ FOR CITY C"..ERX ONLY " \ :..lli (; ,\l, 'I oJ RECEIVED 3Y C\l-.c J +)~ ~ C\,.... .?) \ r, \ , \. -"",'_"'-'\;)" v..; RECEIVED OCT 1 0 1996 CITY CLERI\'S OFFICE llze Roceior ,. "For Pion C>eclc md c..n Oepcsi", send y.lIow copy '" Fi_ b:'recfrm4, wlU( "'p lrev7/1 /96 ~ ..~ 'UBIJC WORKS DEP.\RTMENT RECEIPT C{b - "'2.. 4-C- Elrcc;:ti,,'oJu.ly 1,1996 P~...-1.l t"" ~('~ "") ~t. TO: ulyCcr\; PUBLIC WORKS FILE NO. I~C-""T" ~q,L...'"'"1.. PROPERTY ADDRESS l c-9'-.\ ~ "Y"U" ~J.. I t PIC3SC collect &: ~ipt for the followinl maaiel: ACCT. ITEM ,'.. ".." 4JS.SJHn I I Proiect Rc\'enut: (Sl'CCify oroiect) S ENCROAOl~IENT PERMIT m21 :\,pplic:nion Fee :'-Jon-Utility Enctolcluaellt Permit (S2251 R-I First Permit (No Fee), SuDscquent PermillYrlSWUl I Utility Encroac:hment Permit I .-\rteri.UColleclar S..... (SJ2.5\ Residential S""""Otber Areas (S22.5\ :21l31 PI::m Check Deoosit - 2". of ENGR.. EST. (S'fMJ min) . :11l31 F3ithfui ?cnollDllncc Sccunry (FPS) (l00"1. of ENGR.EST, \ . 221131 LJbor and Materials Secuntv (l1X"'.ofENGR. EST.\ ;1031 MonumcntDrion Security (IllO%ofENGR.EST,\ . . . -Cl ::IlJI C15" Deposit (4'l'.ofENGR.EST.)(SSOO lDinIlilU.OOO IDIX) ."( ,c;.O :.--.~. .~ PI::!;n Check ~ Inspection Fee (Non...{JtiJity) ~ ~""2 ;;Q';;;; 'n21 engI.EsL < S2jo.oon (I2'l'.ofENGR. EST.\ .. :ZUJ En~.EsL>S250.000 (Deoosit g~~ ofENGR. EST ./SJO.OOO min.)" . ~7221 Utilitv <: SIOO.O()() i ~inimum ChlfJc Per loeatioa ($120\ I ConduiwPipcHnes UD to '00 Feel ($1.6<l/n\ I Above 500 Feet (S 1.1 0Ifl.) I ManhoICSlVauJ~Etc. (SIll.5/co) Pole Set/Removal (SillS/co) I Street Tree PIDntin~R.emovla (SIIl.5/_) .. :1031 Utilir\' > s: IOIUIHO Actual COlt.. 2O'Y. .. . ...~:l Street Tree ?!3nlUllV Removal Permit ,SillS) ..7611! Proiect PI:lns .% Soecifications Project No. .J.7oul Sund.:m:i Soecilic.nions it. Details 'SliPg S12/Book) ..7,;ul CaplC:! ot =:l~lncennlJ Maps..t. Plans is.SUI'q.n. ) ~~:l ?en:uties: F::uJure to reslOf'e Dublic imorovetDCIIlJ (Sll)()/Calcndar Day) i IMuni Code Section I U4,lllU) '~:21 ?enalties: ::~ilu.re to correc:t unsaf"c conciitions iSI<Hl/c.Jendar D.v\ LAND DEVELOPo,fE:'<T J.T:: :.v~ L;ne .-\diustment I,S'()Ol .7:21 ?:!rccl ~aD 1 ~ Lots or Lessl ,SI.Il60 + S2.5/Lo1l ..r::l ::'inaj Tr:JcI .\130 l5 or .\1ore Lots) ,SI.3&0.. S2.5Jl.otl .7::1 Cmific:1te at CJmoiiOU\cc (SSUU) .7::1 C:rtilic.:u.c ot Correction ,DUU) .7:21 "/ac3tion or" Public Streets <2 ~lCmetns 'SS.5Il) .n:1 Assessment Xyegarion or ReaOportiOnIDCnl I First Split ,SSSUl i E:1ch Additional Lot 'SI7(1) ..7:! I SlOrm Dninali!c .-\reD Fee Per Acre iR-I.S2.IXN)) to!.\ OC> i IMuhi.Res. S2.:.511) (All Other. S2.jOO) I ..1):'11 ?:uirdJnd Dedic:lIion Fee ":%51 ?OSUl!C TRAFFIC .7:SI [nlcrscct!on rum Counts (Two-Hour Count) (S60) ..-;-:~I !nlCncction lllm Counts (3.m. or p.m. i'CSks) iSIZ5l '7:SI Tr:J1TIc flow -'laD I D..ih-' Tr:uTIc VOlumes I (S2n .1-;-::t1 CJrnDbell Traffic \-fodci (Full Scope Assessment) IS2.::~m .':SI C.unDi>eil Tralnc .'vfodcl (Reduced Scooc Assessment) (S74/11 .:71 ( Trucir.; ?ermltS fSJ5itriDl .7:SI :-Jo ?Jrkinl( Siotns (SlJ~ch or S2j/!O()) OTIlER , TOTAL S NAME OF A??~;C.,I'T C--~ <' --' ~ .+-..:.r::. '-.....L. b~' ~, '- L e.. NAME OF ?' 'iOR \~~ l - \7c.. I .....\ C.:;-::-;;....::.- b'i'L... PHONE 4-~~- \'--"1-7 -S ~--r-\S \....)~~'-t , c-- <4 sz.,!..:. r_ ADDRESS ZIP U_\ctu:ll Com ~~us ;!)~~. O,,-emc:ld ('Non-inlcrest bearinll dC()Osit) ./ FOR CITY CLERK ONLY ! R-:C::IVED 3Y ; -~"'",' I ID"'O \-." r-~-' R=eiPl#"'''': ~-:-,.:," ...-:. :./~ : ~- ~".~.' '. 70 ~ECEIVED .14. CITY CLERK'S om /..- ~'.:' f' ,. ~ _'. -For Pf:1n C\eci;. .:nd C.ub Deposits; send ~ I:llow cop,.' 10 F"rn.anc~ b:\rccfrm-l(c:'l;c;IJ):)(re\' 1r...'9i) 4/ / c~-L/( ~..o~. CAl\1p6> t:: ~ u r- o 0 A >. '< ~ , ~' 'O"CHA"Q. City of Campbell -- Community Development Department 70 N. First Street, Campbell, CA 95008 MEMORANDUM To: Harold Houseley, Land Development Engineer Date: March 3, 1997 From: Barbara Schoetz Ryan, Planner I ,/ ~ Subject: Park Fees for Tentative Tra at 1681 BuCkn~ This Tract is for 6 units, developed at 11.9 dwellings per acre. As this development falls in Category B, 6-13 duJacre, the Park fee per unit is $7,035.00. Three quarters of the park fee is for the creation of additional lots, and the three quarters is due prior to recordation. Credit is given for there being one lot. Thus the fee due prior to recordation is: .75 x $7,035 x 5 == $26,381.25 On the site is a single family house, with a rental unit behind. We have not been able to determine that the rental unit has a building permit. The house was built in 1955, in the County. The developer will therefore be given credit for one unit only until such time as he can bring copies of an approved building permit for the rental. Therefore, the total fee due prior to the final of occupancy of all the houses is: $7,035 x 6 == $42,210 Credit == $10.990 (at density of under 6 units per acre for the one house) $31,220.00 == Total of all Park Fees -$26.381.25 $4,838.75 == prior to occupancy RECORDING REQUESTED BY AND AFTER RECORDING RETURN TO: Chicago Title Insurance Company 110 W. Taylor Street San Jose, CA 95110-2131 DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS OF BUCKNALL ESTATES DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS OF BUCKNALL ESTATES TABLE OF CONTENTS Page SECTION 1. RECITALS 1.1 1.01. Description of Real Property 1.02. Single Phase 1.03. Ownership Interests 1.04. Common Plan for Project SECTION 2. DEFINITIONS 2.1 SECTION 3. PROPERTY RIGHTS 3.1 3.01. Common Area 3.02. Partition Prohibited 3.03. Annexation of Additional Property 3.04. Easements 3.05. Provisions Restricting Delegation of Use SECTION 4. USE RESTRICTIONS 4.1 4.01. Use of Lots 4.02. Garages 4.03. Parking 4.04. Vehicle Restrictions 4.05. Signs 4.06. Animals 4.07. Trash; Storage of Materials 4.08. Antennae; Roof Projections 4.09. Right to Lease 4.10. Architectural Approval 4.11. Window Coverings 4.12. Clotheslines 4.13. Power Equipment and Car Maintenance 4.14. Drainage 4.15. Liability of Owners for Damage to Common Area 4.16. Recreational Facilities 4.17. Sports Fixtures 4.18. Nuisances 4.19. Compliance with Project Documents Table of Contents, - 1 - SECTION 5: MAINTENANCE OBLIGA TIONS 5.01. Association Maintenance Obligations 5.02. Owners' Maintenance Obligations SECTION 6: ASSOCIATION, ADMINISTRATION, MEMBERSHIP AND VOTING 6.01. Association to Manage Project 6.02. Membership 6.03. Transferred Membership 6.04. Classes of Membership and Voting 6.05. Termination of Class B Membership 6.06. Approval of Members Other than Declarant 6.07. Inspection of Books 6.08. Commencement of Voting Rights 6.09. Co-Owner Votes 6.10. Membership Meetings 6.11. Notice and Place of Meetings 6.12. Board of Directors SECTION 7: POWERS, DUTIES AND LIMITATIONS OF THE ASSOCIATION 7.01. Powers and Duties of Association 7.02. Property Taxes and Assessments 7.03. Insurance 7.04. Discharge of Liens 7.05. Payment of Expenses 7.06. Prohibited Acts 7.07. Action Requiring Consent 7.08. Alternative Dispute Resolution 7.09. Dispute Notification and Resolution Procedure Regarding Declarant 7.10. Civil Action Against Declarant 7.11. Inspection and Maintenance Guidelines SECTION 8: ASSESSMENTS 8.01. Agreement to Pay; Personal Obligation 8.02. Purpose of Assessments 8.03. Common Facility Assessment Exemption 8.04. Regular Annual Assessments and Special Assessments 8.05. Quorum 8.06. Equal Division of Regular and Special Assessments 8.07. Individual Charges 8.08. Commencement of Assessments and Individual Charges 8.09. Assessment Lien Table of Contents - 2 - Page 5.1 6.1 7.1 8.1 SECTION 9: ENFORCEMENT OF RESTRICTIONS 9.01. General 9.02. Specific Enforcement Rights SECTION 10: BUDGETS, FINANCIAL STATEMENTS AND BANK ACCOUNTS 10.01. 10.02. 10.03. 10.04. 10.05. 10.06. SECTION 11: 11.01. 11.02. 11.03. 11.04. 11.05. Proposed Budget Adopt Budget Budgets, Financial Statements Summary of General Liability and Earthquake and Flood Policies Reserves and Reserves Study Bank Accounts Page 9.1 10.1 INSPECTION OF BOOK AND RECORDS 11.1 Inspection by Members Rules for Inspection by Members Inspection by Directors Review of Financial Records Reserve Account Withdrawal Restrictions SECTION 12: INSURANCE, DESTRUCTION , CONDEMNATION 12.01. 12.02. 12.03. 12.04. Insurance Individual Fire Insurance Destruction Condemnation SECTION 13: MORTGAGEE PROTECTIONS 13.01. 13.02. 13.03. 13.04. 13.05. 13.06. 13.07. 13.08. 13.09. 13.10. 13.11. Mortgages Permitted Priority of Mortgage Payment of Taxes or Premiums by Mortgagees Effect of Breach Mortgagee's Rights No Restrictions on Owner's Right to Ingress and Egress Notices to Mortgagees FNMA, FHLMC, FHA, VA Mortgages FHA/V A Approval Additional FHA Provisions Compliance with FHA/V A, FHLMC or FNMA Requirements Table of Contents - 3 - 12.1 13.1 SECTION 13: 13.12. 13.13. MORTGAGEE PROTECTIONS (continued) Waivers Conflicts SECTION 14: ENFORCEMENT OF BONDED OBLIGATIONS SECTION 15: AMENDMENTS 15.01. 15.02. 15.03. 15.04. 15.05. Prior to First Conveyance After First Conveyance Recordation Unanimous Consent for Specific Amendments FHA Requirements SECTION 16: GENERAL PROVISIONS 16.01. 16.02. 16.03. 16.04. 16.05. 16.06. 16.07. 16.08. 16.09. 16.10. 16.11. 16.12. 16.13. 16.14. Term Owners' Compliance Notices Notice of Transfer Delivery of Project Documents to Transferee Easements Reserved and Granted Termination of Any Responsibility of Declarant Mergers and Consolidations Limitations of Restrictions on Declarant Successor Severability Estoppel Certificate Conflict with Project Documents Headings EXHIDIT A: DESCRIPTION OF PROPERTY SUBJECT TO DECLARATION Table of Contents - 4 - Page 14.1 15.1 16.1 DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS OF BUCKNALL ESTATES THIS DECLARATION is made on the date hereinafter set forth by John S. Nicoli (herein referred to as "Declarant"). SECTION 1: RECITALS 1.01. Description of Real Property. Declarant is the Owner of that certain real property in the City of Campbell, County of Santa Clara, State of California, which is more particularly described on Exhibit "A" attached hereto and incorporated herein. 1.02. Sin!!le Phase. Declarant has improved or intends to improve the Project by subdividing it into 6 residential lots ("Lots") and one common area lot with improvements ("Common Area"). 1.03. Ownership Interests. Each Owner shall receive fee title to his/her Lot and a membership in the Bucknall Estates Homeowners Association ("Association"), which shall hold title to the Common Area, a non-exclusive easement for use, enjoyment, ingress and egress over the Common Area, and such other interests as are provided herein. 1.04. Common Plan for Project. By this Declaration, Declarant intends to establish a common scheme and plan for the possession, use, enjoyment, repair, maintenance, restoration and improvement of the Project and interests therein conveyed and to establish thereon a Planned Development. NOW, THEREFORE, Declarant hereby declares that the real property described on Exhibit A shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, sold and improved, subject to the following declarations, limitations, covenants, conditions, restrictions and easements, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Project, in accordance with the plan for improvement of the Property and the division thereof into Lots. Pursuant to California Civil Code Sections 1353 and 1354, all of the limitations, covenants, conditions, restrictions and easements shall constitute covenants which shall run with the land, be enforceable as equitable servitudes, and shall be binding upon Declarant and its successors and assigns, and all parties having or acquiring any right, title or interest in or to any part of the Property or the Project. 1.1 SECTION 2: DEFINITIONS In addition to other definitions provided for herein, the following terms shall have the following meanings: 2.01. "Articles" shall mean the Articles ofIncorporation of Bucknall Estates Homeowners Association and any amendments thereto. 2.02. "Assessment" shall mean that portion of the cost of maintaining, improving, repairing, operating and managing the Project which is to be paid by each Lot Owner as determined by the Association. 2.03. "Association" shall mean the Bucknall Estates Homeowners Association, a California non-profit mutual benefit corporation, the members of which shall be the Owners of Lots in the Project, their successors and assigns. 2.04. "Association Rules" shall mean rules and regulations regulating the use and enjoyment of the Common Area which may be adopted by the Board from time to time. 2.05. "Board" or "Board of Directors" shall mean the governing body of the Association. 2.06. "Bylaws" shall mean the Bylaws of the Association, as amended from time to time. 2.07. "Common Area" means all real property owned by the Association for the common use and enjoyment of the Owners and shall include, upon conveyance to the Association, the plot of land designated Lot 7, as shown on the Subdivision Map, and any other plot of land which may be conveyed to the Association. 2.08. "Common Expenses". shall mean and include the actual and estimated expenses of operating the Project and any reasonable reserve for such purposes as found and determined by the Board and all sums designated Common Expenses by or pursuant to the Project Documents. 2.09. "County" shall mean the County of Santa Clara, California, the County in which the Project is located. 2.10. "Declarant" shall mean John S. Nicoli, his successors and assigns, if such successors and assigns are assigned the rights of Declarant pursuant to Section 16.10 hereof or if such successor or assign is a mortgagee acquiring Declarant's interest in the Project by foreclosure or by deed in lieu of foreclosure. 2.11. "Declaration" shall mean this Declaration, and any amendments, modifications or supplements thereto. 2.12. "Eligible First Mortgagee" shall mean a First Mortgagee who has requested notice by sending a written request to the Association, stating both its name and address and the lot number or address of the lot it has the mortgage on. 2.13. "Final Public Report" shall mean the final public report issued by the California Department of Real Estate or any successor state agency pursuant to the California Subdivided 2.1 Lands Act (Business & Professions Code Section 11000 et seq.) as it may be amended from time to time. 2.14. "Improvements" shall mean all structures and improvements on the Project, including, but not limited to, buildings, paving, fences, signs and landscaping. 2.15. "Lot" shall mean any parcel of land shown on the Map, and any other parcel of land designated as "Lot" in any recorded supplement to the Declaration, with the exception of the Common Area. 2.16. "Map" shall mean that subdivision map entitled "Tract No. 8922", recorded on , 199 _, in Book _ of Maps, Page _, in the Official Records of Santa Clara County. 2.17. "Member" shall mean a person or entity holding a membership in the Association as provided herein. Each Owner or Co-Owner of a Lot shall be a member. 2.18. "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other portion of the Project. A "Mortgagee" shall include the beneficiary under a deed of trust and any guarantor or insurer of a Mortgage. "First Mortgage" or "First Mortgagee" is one having priority over all other Mortgages or holders of Mortgages encumbering the same lot or other portion of the Project. A "First Mortgagee" shall include any holder (including FHLMC and FNMA), insurer (including FHA), or guarantor (including V A) of a First Mortgage on a lot or other portion of the Project. "FHA" shall mean the United States Department of Housing and Urban Development, Federal Housing Administration. "V A" shall mean the United States Department of Veterans Affairs. "FHLMC" shall mean the Federal Home Loan Mortgage Corporation. "FNMA" shall mean the Federal National Mortgage Association. Where any provision of the Project Documents requires the approval of a First Mortgagee, the approval of the holder, insurer or guarantor of that First Mortgage shall be deemed to be the required approval. 2.19. "Owner" or "Owners" shall mean the record holder or holders of title, if more than one, to any Lot in the Project. This shall not include contract sellers or persons or entities having any interest merely as security for the performance of an obligation. If a Lot is sold under a recorded contract of sale (or a recorded memorandum of such contract), the purchaser, rather than the fee Owner, shall be considered the "Owner". 2.20. "Proiect" shall mean the entire real property described in Exhibit "A" attached hereto, including all structures and improvements erected or to be erected thereon or on such additional properties which may be brought within the jurisdiction of the Association. 2.21. "Proiect Documents" shall mean and include this Declaration, as amended from time to time, the exhibits, if any, attached hereto, together with the other basic documents used to create and govern the Project, including the Map, Articles and Bylaws (but excluding unrecorded rules and regulations adopted by the Board or the Association). 2.22. "Property" or "Properties" shall mean the entire real property described on Exhibit "A" attached hereto, including all structures and improvements erected thereon or on such additional properties which may be brought within the jurisdiction of the Association. 2.2 2.23. "Quorum" shall mean a maJonty of those entitled to act, except in the case of a quorum necessary for the imposition of regular and special assessments set forth in Section 8. 2.24. "Separate Interest" shall mean a Lot. 2.25. "Subdivided Property" shall mean the entire real property described on Exhibit "A" attached hereto, including all structures and improvements erected thereon or on such additional properties which may be brought within the jurisdiction of the Association. 2.26. "Subdivider" shall mean the Declarant. 2.27. "Unit" shall mean a dwelling structure on a Lot. 2.3 SECTION 3: PROPERTY RIGHTS 3.01. Common Area. The Common Area shall be owned by the Association for the use and benefit of the Members. It shall be conveyed to the Association free of money encumbrances prior to or concurrently with the close of escrow of the sale of the first Lot. The Common Area shall be maintained by the Association as provided in Section 5.01. When the Common Area is conveyed by Declarant to the Association, an easement shall be deemed automatically reserved over the Common Area in favor of Declarant for common driveway purposes, drainage and encroachment purposes and for ingress and egress from the Common Areas for the purpose of completing improvements thereon or for the performance of necessary repair work. Said easement shall automatically terminate four years after the recordation of this Declaration. 3.02. Partition Prohibited. The Common Area shall remain undivided as set forth above. Except as provided by California Civil Code Section 1359, no Owner shall bring any action for partition, it being agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the operation and management of the Project. Judicial partition by sale of a single Lot owned by two or more persons and division of the sale proceeds is not prohibited hereby, but partition of title to a single Lot is prohibited. 3.03. Annexation of Additional Property. Additional Property may be annexed to and become subject to this Declaration by the following method set forth in this Section. Upon annexation, additional parcels shall become subject to this Declaration without the necessity of amending individual sections thereof. a) Annexation Pursuant to Approval: Upon approval in writing of the Association, pursuant to vote or written consent of 66-2/3 % of the total votes residing in Members other than the Declarant, the Association and the Owner of any Property who desires to add it to the scheme of this Declaration and to subject it to the jurisdiction of the Association, may file of record a Declaration of Annexation. Said Declaration may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added Property, as are consistent with the scheme of this Declaration. Said Declaration shall include designation of Lots and/or Common Areas for the purpose of this Declaration. b) Effect of Annexation: Assessments collected from Owners in the Property may be expended by the Association without regard to the particular phase from which such assessments came. All Owners shall have ingress and egress to all portions of the Common Area throughout the Property, subject to the provisions of this Declaration, the Bylaws of the Association and the Rules and Regulations of the Association in effect from time to time. c) Quality of Construction: Future improvements to the Project will be consistent with initial improvements in terms of materials used and quality of construction. 3.04. Easements. In addition to any and all other easements contained in this Declaration, the Properties shall be subject to the following easements: a) Owners' Easements. Every Owner shall have a right and nonexclusive easement of enjoyment in and to the Common Area, including ingress and egress to and from 3.1 his/her Lot. Each such nonexclusive easement shall be appurtenant to and shall pass with the title to the Lot, subject to the following provisions: i) Section 9 of this Declaration authorizes the Board to impose monetary penalties, temporary suspensions of an Owner's rights as a Member of the Association or other appropriate discipline for failure to comply with the governing instruments provided that the established procedures are followed for notice and hearing which satisfy the minimum requirements of Corporations Code Section 7341 with respect to the accused Member before a decision to impose discipline is reached. These procedures are set out in Section 12 of the Bylaws. ii) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds of the Members agreeing to such dedication or transfer has been recorded, provided, however, that no such dedication shall impair the ingress and egress to any individual Lot. b) Easements for Utilities and Maintenance. Easements over and under the Project for the installation, repair and maintenance of electric, telephone, water, gas and sanitary sewer lines and facilities, heating facilities, cable or master television antenna lines, drainage facilities, walkways and landscaping as shown on the recorded map of the Property, and as may be hereafter required or needed to service the Project, are hereby reserved by Declarant and its successors and assigns, including the Association, together with the right to grant and transfer the same. c) Encroachment Easements. Each Lot within the Project is hereby declared to have an easement over any adjoining Common Area for the purpose of accommodating any encroachment due to minor engineering errors, minor errors in original construction, settlement or shifting of the building, or any other cause. There shall be valid easements for the maintenance of said encroachments as long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachment, settlement or shifting; provided, however, that in no event shall a valid easement for encroachment be created in favor of an Owner or Owners if said encroachment occurred due to the willful misconduct of said Owner or Owners. In the event a structure is partially or totally destroyed, and then repaired or rebuilt, the Owners of all Lots in the Project agree that minor encroachments over the Common Area adjoining the Lot due to minor engineering errors, minor errors in construction, or settlement or shifting of the building, shall be permitted and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. d) Entry for Repairs. The Board may authorize its agents and employees to enter upon any Lot when necessary in connection with any maintenance, landscaping or construction for which the Association is responsible, to effect emergency repairs or to effect necessary repairs which the Lot Owner has failed to perform as required by this Declaration. Such entry shall be made with as little inconvenience to the Qwner as practicable and any damage caused thereby shall be repaired by the Board at the expense of the Association. Except in case of an emergency, 24 hour advance notice shall be given to the Owner or occupant. e) Declarant's Reservation of Easements. Declarant hereby reserves easements over the Common Area for common driveway purposes, for drainage and encroachment purposes, and for ingress and egress from the Common Areas for the purpose of completing improvements 3.2 thereon or for the performance of necessary repair work. Said easement shall automatically terminate four years after the recordation of this Declaration. 3.05. Provisions Restrictin!! Dele!!ation of Use. Any Owner may delegate their rights of use and enjoyment of the Project, including any recreational facilities, to the Members of their family, their guests, tenants, employees, and invitees, and to such other persons as may be permitted by the Bylaws and the Association Rules, subject however, to this Declaration. However, if an Owner has sold his/her Lot to a contract purchaser or has leased or rented it, the Owner, Members of the Owner's family, guests, tenants, employees, and invitees shall not be entitled to use and enjoy any of such rights in the Project, including the recreational facilities, while the Owner's Lot is sold to the contract purchaser or rented to tenants. Instead, the contract purchaser, or tenants, while occupying such Lot, shall be entitled to use and enjoy such rights, including the recreational facilities, and can delegate the rights of use and enjoyment in the same manner as if such contract purchaser or tenants were an Owner during the period of their occupancy. Each Owner shall notify the Secretary of the Association of the names of any contract purchasers of such Owner's Lot or tenants of such Owner's Lot. Each Owner, contract purchaser, or tenant also shall notify the Secretary of the Association of the names of all persons to whom such Qwner, contract purchaser, or tenant has delegated any rights of use and enjoyment and the relationship that each such persons bears to the Qwner, contract purchaser, or tenant. Any delegated rights of use and enjoyment are subject to suspension to the same extent as are the rights of Owners. No such delegation shall relieve an Qwner from liability to the Association or to other Owners for payment of assessments or performance of the covenants, conditions and restrictions contained in this Declaration. Any lease, rental agreement or contract of sale entered into between an Owner and a tenant or contract purchaser of a Lot shall require compliance by the tenant or contract purchaser with all of the covenants, conditions and restrictions contained in this Declaration, which provision shall be for the express benefit of the Association and each Qwner. The Association and each Owner shall have a right to action directly against any tenant or contract purchaser of an Owner, as well as against the Owner, for nonperformance of any of the provisions of this Declaration to the same extent that such right of action exists against such Owner. 3.3 SECTION 4: USE RESTRICTIONS 4.01. Use of Lots. No Lot, or any portion thereof, shall be occupied and used except for single family residential purposes by the Owners, their contract purchasers, lessees, tenants, or social guests. No trade or business or commercial activity shall be carried on or conducted upon any Lot, except that Declarant, its successors or assigns, may use any Lot in the Project owned by Declarant for a model home site and display and sales office during construction and until the last Lot is sold by Declarant, or until 3 years from the date of closing of the first sale of a Lot in the Project, whichever occurs first. The provisions of this section shall not prohibit home occupations so long as they are merely incidental to the use of the Lot as a dwelling, are permitted by local law, are conducted in such a manner as to not adversely affect other Owner's use and enjoyment of the Project, and have received prior written approval of the Board. 4.02. Garages. The City of Campbell requires that garages be maintained with space available for Owners to park their personal vehicles inside at all times as parking within the Common Area is prohibited and there is no additional street parking on Bucknall Road or Weston Road. Garage doors shall be kept closed when not in use. Two 9' x 20' spaces inside the garage shall be maintained at all times for parking of vehicles. Each Owner shall be entitled to the exclusive use of the immediate driveway serving his/her garage and shall keep said driveway surface clean and free of debris. The automatic garage door openers for each Owners garage shall be kept in working order at all times and upon transfer of the ownership of the Lot, all openers shall be passed on to the new Owner( s). 4.03. Parking. No motor vehicles shall be parked or left on any other portion of the Project other than within a Lot's immediate driveway servicing his/her garage. The first 20 feet in front of a garage shall be kept available for guest parking only. Parking within the Common Area is prohibited. 4.04. Vehicle Restrictions. No trailer, camper, motor home, commercial vehicle, boat, truck (other than a standard size pickup truck), inoperable automobile, or similar equipment shall be permitted to remain upon any area within the Property, other than temporarily, not to exceed 48 hours. Commercial vehicles shall not include sedans or standard size pickup trucks which are used both for business and personal use, provided that any signs or markings of a commercial nature on such vehicles shall be unobtrusive and inoffensive as determined by the Board. No noisy or smokey vehicles shall be operated on the Property. No off-road unlicensed motor vehicles shall be operated upon the Property. 4.05. Signs. No sign of any kind shall be displayed to the public view on or from any Lot or any portion of the Project without the approval of the Association, except as follows: a) One sign of customary and reasonable dimensions advertising a Lot for sale, lease, rent or exchange displayed from a Lot; or, b) Such signs as may be used by Declarant or its assignees in connection with the development of the Project and sale of Lots; or, c) Such other signs or notices as are required by law or as are otherwise necessary to perfect a right provided for in law. 4.06. Animals. No animals, reptiles, rodents, birds, fish, livestock, or poultry shall be raised, bred, or kept on any Lot or portion of the Project; except that no more than two usual and 4.1 ordinary household pets such as dogs, cats, fish or birds may be kept, provided that they are not kept, bred, or maintained for any commercial purposes, and they are kept under reasonable control at all times. This provision shall not apply to aquarium type fish. Notwithstanding the foregoing, no pets may be kept on the Project which result in an annoyance or nuisance to other Owners. No pets shall be allowed on the Common Area except as may be permitted by any Association Rules. No dog shall enter the Common Area except while on a leash which is held by a person capable of controlling it. Owners shall prevent their pets from soiling any portions of the Common Area. The Association can prohibit the keeping of any animal that in the sole and exclusive opinion of the Board constitutes a nuisance to any other Owner. 4.07. Trash: Storage of Materials. All garbage and trash shall be regularly removed from the Project, and shall not be allowed to accumulate thereon. It shall be placed and kept in covered sanitary containers where it is not visible from any neighboring Unit except for a reasonable time prior to or after collection. All woodpiles or storage piles shall be kept screened and concealed from view of other Lots, streets and Common Areas. Garbage and trash shall be placed for pick up as required by the disposal service and any Association Rules. 4.08. Antennae: Roof Proiections. Any antennae, chimneys, vent stacks or other items or equipment upon or projecting from the roof which were installed by Declarant as part of the initial improvements are permitted. No subsequent alteration to, or modification of, a central television antenna system or cable television system, whichever is applicable, as developed by Declarant and as maintained by the Association, shall be permitted, without the written consent of the Board. In addition, and subject to the requirements of Civil Code Section 1376, as it may be amended from time to time, the Board may adopt Rules regulating the subsequent installation and maintenance of television or video antennae or satellite dishes, and may prohibit such installation visible from any Common Area or public street. 4.09. Right to Lease. No Owner shall be permitted to lease or rent his/her Lot for transient or hotel purposes, which shall include, but not be limited to, rental for any period less than 30 days. All leases must be in writing and be expressly subject to the Project Documents and the breach of any provision shall be a default under the Lease or Rental Agreement. Subject to the foregoing restrictions, the Owners of Lots shall have the right to lease the same, provided that the Board is notified of the name of the tenant and the duration of the lease. The Owner shall provide the Lessee with a copy of the Articles, Bylaws, Declaration and any Association Rules. 4.10. Architectural Approval. An Architectural Control Committee ("Committee") shall be formed and shall consist of five Members. Declarant may appoint all of the original Members of the Committee and all replacements until the first anniversary of the issuance of the original Public Report for the first (or only) phase of the Project. The Declarant reserves to itself the power to appoint a majority of the Members of the Committee until 90% of all the Lots in the Project (including subsequent phases) have been sold or until the fifth anniversary of the original issuance of the Final Public Report for the first (or only) phase of the Property, whichever occurs first. After one year from the date of the issuance of the original Public Report for the first (or only) phase, the Board shall have the power to appoint one Member to the Committee until 90 % of all the Lots in the overall Project have been sold or until the fifth anniversary date of the original issuance of the Final Public Report for the first (or only) phase of the Project, whichever first occurs. Thereafter, the Board shall have the power to appoint all of the Members of the Committee. In the event of death or resignation of any Member of the Committee, the successor shall be appointed by the person, entity or group which appointed such Member until 4.2 Declarant no longer has the right to appoint any Members to the Committee, and thereafter the Board shall have the full authority to designate such a successor. The Members of the Committee shall not be entitled to any compensation for services performed pursuant hereto. No building, fence, wall, obstruction, screen, awning, or structure of any kind shall be commenced, erected or maintained upon the Project, nor shall any alteration or improvement of any kind be made thereto until the same has been approved in writing by the Committee. Plan and specifications showing the nature, kind, shape, color, size, materials and location of such improvements, alterations, etc., shall be submitted to the Committee for approval as to quality of workmanship and design and harmony of external design with existing structures, and as to location in relation to surrounding structures, topography, and finish grade elevation. No landscaping on a Lot visible from the street or from the Common Area shall be undertaken by any Owner until plans and specifications showing the nature, kind, shape and location of the materials have been submitted to and approved in writing by the Committee. Failure of the Committee to act within 30 days after the plans have been submitted to it shall constitute approval. Actions of the Committee may be appealed to the Board. In the event of the failure of any individual Lot Owner to comply with a written directive or order from the Committee, the Board shall have the right and authority to perform the subject matter of such directive or order and the cost of such performance shall be charged to the Owner of the Unit in question and may be recovered by the Board in an action of law against such individual Unit Owner. 4.11. Window Coverings. Windows shall be covered by drapes, shades or shutters and shall not be painted or covered by foil, cardboard or similar materials. All window coverings visible from the Common Area shall be of a material, design and color which, in the opinion of the Board, is compatible with the. exterior design and coloration of adjacent portions of the Project. 4.12. Clotheslines. No exterior clotheslines or other outside clothes drying or airing facility shall be erected or maintained on the properties in any location where the same would be visible from any street or neighboring Lot. Further, no clothes washers, clothes dryers, refrigerators or freezers may be kept, stored or operated on any balcony, patio, porch or other exterior area. 4.13. Power Equipment and Car Maintenance. No power equipment, workshops or car maintenance of any nature shall be permitted on the Project without the prior written approval of the Board. In deciding to grant approval, the Board shall consider the effects of noise, air pollution, dirt or grease, fire hazard, interference with radio or television reception and similar objections. 4.14. Drainage. No Owner shall do any act or construct any improvement which would interfere with the natural or established drainage systems or patterns within the Project without the approval of the Board. 4.15. Liability of Owners for Damage to Common Area. The Qwner of each Lot shall be liable to the Association for all damages to the Common Area and/or improvements thereon caused by such Owner, or any occupant of his/her Lot or guest, except for that portion of said damage, if any, fully covered by insurance of the Association. Liability of an Owner shall be established only after notice to the Owner and hearing before the Board. 4.3 4.16. Recreational Facilities. a) Every Member of the Association shall have a right to use any recreational facilities situated on the Common Area, subject to the following provisions: i) The right of the Association to charge reasonable fees for the use of any rec.J.eational facility by Non-Members; and, ) ii) The right of the Association to deny use after hearing for infringement of Association Rules or nonpayment of dues. b) Any Owner may delegate, in accordance with the Bylaws, right of enjoyment to the recreational facilities to family Members, tenants or contract purchasers who reside on the Project. 4.17. Sports Fixtures. No basketball standards, hoops or backboards or other fixed sports apparatus shall be attached to an improvement located within the Property. 4.18. Nuisances. No noxious, illegal, or offensive activities shall be carried on within any Lot, or in any part of the Project, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to or which may in any way interfere with the quiet enjoyment of each Qwner's Lot or Common Area, or which shall in any way increase the rate of insurance for the Project or for any other Lot, or cause any insurance policy to be cancelled or to cause a refusal to renew the same, or which will impair the structural integrity of any building. 4.19. Compliance with Proiect Documents. Each Owner, contract purchaser, lessee, tenant, guest, invitee or other occupant of a Lot or user of the Common Area shall comply with the provisions of the Project Documents. 4.4 -------~--_._---_._----------_.._._._'--------_._--------_._-_.._--------_._-----_._--~_._- SECTION 5: MAINTENANCE OBLIGATIONS 5.01. Association Maintenance Obligations. The Association shall be responsible for . maintaining the following in good condition and repair: a) Common Area Improvements. The Association shall maintain or provide for the maintenance of all Common Area improvements, including but not limited to, repair, reconstruction and sweeping of the private drive surface, drainage facilities, and utility laterals located within the Common Area to the extent such laterals are not maintained by any private or public utility provider. b) Fire District Requirements. The Association shall be responsible for maintammg all signs, curb marking, and other notices regarding no parking within the Common Area in order to provide for fire-fighting access by the Fire District, City of Campbell or other agency. c) Driveway. The Association shall be responsible for repair, reconstruction and sweeping of the driveway serving the individual lot up to the exterior walls/garage doors. d) Public Right of Wav Improvements. The Associaiton shall maintain, repair, and reconstruct all landscape and hardscape in the public right-of-way up to the back of the curb. e) Planting Strip Maintenance. The Association shall maintain the landscape strip along the entrance of the project located between Bucknall Road and sidewalk. The Qwner of Lots 1 and 6 shall be responsible for watering the landscape improvement on that portion of the planting strip adjacent to their lots. f) Landscape Peninsulas. The Association shall maintain the landscaping and fencing within the landscape peninsulas located between Lots 1 and 2, Lots 3 and 4, and Lots 5 and 6. Each of the above lot Owners shall be responsible for watering all peninsula landscape improvements lying within their lot. If any of the maintenance or repair work referred to above is necessitated by the willful or negligent acts of the Owner, his/her family, guests or invitees, the costs of such special restoration or repairs shall be chargeable to the Owner as provided in Section 8. 5.02. Owners' Maintenance Obligations. Except as provided above, each Owner shall be responsible for maintaining in good condition and repair his/her Unit and Lot, including all improvements and landscaping thereon. If an Owner fails to maintain his/her Lot or water landscape improvements as provided herein in a manner which the Board reasonably deems necessary to preserve the safety, appearance and/or value of the Project, the Board may notify the Owner of the work required and request that it be done within a reasonable and specific period. If the Owner fails to perform such maintenance and/or repairs within said period, the Board shall, subject to the notice and hearing requirements set forth in the Bylaws, have the right to enter upon the Lot to cause such maintenance and/or repair work to be performed. Cost of any such repair or maintenance shall be charged to the Owner through an Individual Charge as provided in Section 8 hereof. Notwithstanding the foregoing, in the event of an emergency arising out of the failure of an Owner to maintain his/her Lot, the Board shall have the right, through its agents and employees, to immediately enter the Lot to abate the emergency and individually charge the cost thereof to such Owner. 5.1 SECTION 6: ASSOCIATION. ADMINISTRATION. MEMBERSHIP AND VOTING 6.01. Association to Manage Proiect. The management of the Project shall be vested in the Association in accordance with the Project Documents, and all applicable laws, regulations and ordinances of any governmental or quasi-governmental body or agency having jurisdiction over the Project. 6.02. Membership. Each Owner shall be a Member of the Association, and shall remain a Member thereof until such time as ownership ceases for any reason, at which time such membership in the Association shall automatically cease. 6.03. Transferred Membership. Membership in the Association shall not be transferred, pledged, or alienated in any way, except upon the sale or encumbrance of the Lot to which it is appurtenant, and then only to the purchaser, in the case of a sale, or Mortgagee, in the case of an encumbrance of such Lot. A Mortgagee does not have membership rights until it becomes an Owner by foreclosure or deed in lieu thereof. Any attempt to make a prohibited transfer is void. Any person or entity acquiring fee title or equitable title to a Lot, whether by reason of a deed from the Owner or through a foreclosure, shall within 15 days of acquiring such title inform the Association in writing of the date such title transferred and the name or names in which title is held. 6.04. Members: Classes of Membership and Voting. The Association shall have two classes of voting Class A. Class A Members shall be all Qwners except Declarant and shall be entitled to one vote for each Lot owned. When more than one person or entity owns a Lot, all such persons and entities shall be Members and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B Member shall be the Declarant, who shall be entitled to three votes for each Lot owned. 6.05. Termination of Class B Membership. The Class B membership shall be irreversibly converted to Class A membership on the occurrence of whichever of the following is first in time: a) When the total outstanding votes held by Class A Members equal the total outstanding votes held by the Class B Member, or, b) Not later than the second anniversary of the first conveyance of a Lot in the Project pursuant to a Final Public Report. 6.06. Approval of Members Qther Than Declarant. With the exception of actions authorized for the Enforcement of Bonded Qbligations, no action which requires the approval of a prescribed majority of the voting power of Members of the Association other than the Declarant shall preclude the Declarant from casting votes attributable to subdivision interests which it owns. When a two class voting structure is still in effect, any action requiring the approval by the vote or written assent of a prescribed majority of the Class A voting power shall also require the vote or written assent of a bare majority of the Class B voting power. 6.1 When a single class voting structure exists, after the conversion of Class B to Class A membership, approval of any action by the vote or written assent of a prescribed majority of the total voting power of Owners other than the Declarant shall also require the approval by vote or written assent of a bare majority of the total voting power of the Association. 6.07. Inspection of Books. All Members shall have reasonable access to inspect the books, records and financial statements of the Association, including annual audited financial statements when such are prepared, pursuant to this Declaration and subject to the same. 6.08. Commencement of Votin!! Ri!!hts. Voting rights attributable to Lots shall not vest until assessments against those Lots have been levied by the Association. 6.09. Co-Qwner Votes. The vote for each Lot may not be cast on a fractional basis. If the Co-Owners of a Lot are unable to agree among themselves as to how their vote shall be cast, they shall forfeit the vote on the matter in question. If only one Qwner exercises the vote of a particular Lot, it shall be conclusively presumed for all purposes that he/she was acting with the authority and consent of all other Owners of the same Lot. If more than one Co-Owner exercises the vote for a particular Lot, their votes shall not be counted and shall be deemed void. 6.10. Membership Meetings. Regular and special meetings of Members and of the Board shall be held with the frequency and at the time and place and in accordance with the provisions of the Bylaws. 6.11. Notice and Place of Meetings. Written notice of each meeting of the Members shall be given by, or at the direction of, the Secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least 10 days but not more than 90 days before such meeting to each first mortgagee requesting notice and to each Member, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting. Meetings shall be held within the Project or at a meeting place as close thereto as possible. 6.12. Board of Directors. The affairs of the Association shall be managed by a Board of Directors, which shall be established, and which shall conduct regular and special meetings according to the provisions of the Bylaws. 6.2 SECTION 7: POWERS. DUTIES AND LIMITATIONS OF THE ASSOCIATION 7.01. Powers and Duties of Association. In addition to the powers and duties enumerated in its Articles and Bylaws or elsewhere provided for herein, and without limiting the generality thereof, the Association and the Board shall have the following powers and duties: a) Delegation of Powers. To delegate all powers to committees, officers or employees of the Association as expressly authorized by the Project Documents. b) Management A!!ent. To employ a management agent and to contract with independent contractors to perform all or any part of the duties and responsibilities of the Association, provided that any contract with a firm or person appointed as a managing agent or any other contract providing for services of the developer, sponsor or builder shall not exceed a 1 year term renewable by the parties for successive one year periods and shall provide for the right of the Association to terminate the same at the first annual meeting of the Members of the Association, to terminate the same for cause on 30 days written notice, and either party may terminate without cause and without payment of a termination fee on 60 days written notice. c) Maintenance. To maintain the Project as required by the provisions of this Declaration. d) Supervision. To supervise all officers, agents and employees of the Association and see that their duties are properly performed. e) Assessments. Liens. and Fines. To levy and collect assessments and as provided in the Project Documents, impose fines or take disciplinary action against Owner for failure to pay assessments or for violation of any provision of the Project Documents. Penalties may include, but are not limited to: fines, temporary suspension of voting rights, rights to use of the facilities on the Common Area, or other appropriate discipline for failure to comply with the governing instruments, provided that the accused Member is given notice and the opportunity to be heard by the Board with respect to the alleged violations before a decision to impose discipline is reached. Such notice and hearing procedures shall satisfy the minimum requirements of Corporations Code Section 7341, which are set forth in Section 12 of the Bylaws. f) Enforcement of Proiect Documents. To enforce applicable provisions of the Project Documents for the ownership, management and control of the Project. g) Adoption of Rules. To adopt, amend and repeal reasonable rules consistent with this Declaration relating to the use of the Common Area and all facilities thereon, and the conduct of Qwners and their tenants and guests with respect to the Project and other Owners. A copy of the Association Rules as adopted, amended or repealed shall be mailed or otherwise delivered to each Owner and a copy shall be posted in a conspicuous place within the Common Area. h) Records. Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or at any special meeting when such statement is requested in writing by 5 % or more of the total voting power of the Association; keep adequate and correct books and records of account, minutes of proceedings of its Members, Board and committees, and a record of its Members giving their names and addresses and classes of membership. 7.1 i) Water and Other Utilities. To acquire, provide and pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone, gas and other utility services as necessary for the Common Area. j) Grantin!! of Easements. To grant easements where necessary for utilities and sewer facilities over the Common Area to serve the Common Area and the Lots. k) Exercise of Easements. To exercise all easement rights as granted to it in this Declaration for the purpose of performing the maintenance authorized herein or for any other purpose reasonably related to the performance by the Association or the Board of their responsibilities, the Association's agents or employees. I) Contracts. To contract for goods and/or services for the Common Area facilities and interests or for the Association, subject to limitations elsewhere set forth in the Project Documents. m) Limit Number of Guests. To limit the number of an Qwner's guests who may use any facilities on the Common Area. n) it by Declarant. Title to Common Area. To accept title to the Common Area conveyed to 0) Acquisition of Property. To acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal Property in connection with the affairs of the Association. p) Budgets. To prepare budgets and financial statements for the Association as prescribed in this Declaration. q) Legal and Accounting. To obtain and pay the cost of legal, accounting and other professional services necessary or proper for the maintenance and operation of the Project and the enforcement of the Project Documents. r) Emer!!encv Repair. To enter upon any privately owned Lot as necessary in connection with construction, maintenance or emergency repair for the benefit of the Common Area or the Owners in common. s) Election of the Board of Directors. To elect the Members of the Board. t) a Board Member. Filling Vacancies. To fill vacancies on the Board created by the removal of 7.02. Propertv Taxes and Assessments. Each Owner shall be obligated to pay any taxes or assessments levied by the County Assessor against his/her Lot and personal Property. To the extent not assessed to or paid directly by the Owners, the Association shall pay all real and personal Property taxes and assessments levied upon any portion of the Common Area or other Property owned by the Association. 7.2 The Association shall prepare and file annual tax returns with the federal government and the State of California and make such elections as may be necessary to reduce or eliminate the tax liability of the Association. 7.03. Insurance. The Association shall maintain casualty, liability and other insurance on behalf of the Association as required by the provisions of this Declaration. 7.04. Discharge of Liens. The Association shall discharge by payment, if necessary, any lien against the Common Area, and assess the cost thereof to the Owners responsible for the existence of said lien. 7.05. Payment of Exoenses. The Association shall pay all expenses and obligations incurred by the Association in the conduct of its business including, without limitation, all licenses, taxes or governmental charges levied or imposed against the Property of the Association. 7.06. Prohibited Acts. The Association, through its Board, shall be prohibited from taking any of the following actions, except with the vote or written assent, by vote at a meeting of the Association or by written ballot without a meeting pursuant to Corporations Code Section 7513, of a simple majority of the voting power of the Association residing in Members other than the Declarant, constituting a quorum consisting of more than fifty (50) percent of the voting power of the Association residing in Members other than the Declarant: a) Entering into a contract with a third person wherein the third person will furnish goods or services for the Common Area or the Association for a term longer than one year with the following exceptions: i) A management contract, the terms of which have been approved in writing by the Federal Housing Administration or the Veterans Affairs; ii) A contract with a public utility company if the rates charged for the materials or services are regulated by the Public Utilities Commission; provided, however, that the term of the contract shall not exceed the shortest term for which the supplier will contract at the regulated rate; iii) Prepaid casualty and/or liability insurance policies of not to exceed three years duration provided that the policy permits short rate cancellation by the insured; iv) Lease agreements for laundry room fixtures and equipment of not to exceed five years duration provided that the lessor under the agreement is not an entity in which the Declarant has a direct or indirect ownership interest of 10 % or more; v) Agreements for cable television services and equipment or satellite dish television services and equipment of not to exceed five years duration provided that the supplier is not an entity in which the subdivider has a direct or indirect ownership interest of 10% or more; vi) Agreements for sale or lease of burglar alarm and fire alarm equipment, installation and services of not to exceed five years duration provided that the supplier or suppliers are not entities in which the subdivider has a direct or indirect ownership interest of 10% or more; or, 7.3 vii) A contract for a term not to exceed three years that is terminable by the Association after no longer than one year without cause, penalty or other obligation upon ninety (90) days written notice of termination to the other party. b) Incurring aggregate expenditures for capital improvements to the Common Area in any fiscal year in excess of 5 % of the budgeted gross expenses of the Association for that fiscal year; c) Selling during any fiscal year Property of the Association having an aggregate fair market value greater than 5 % of the budgeted gross expenses of the Association for that fiscal year; d) Paying compensation to Members of the Board or to officers of the Association for services performed in the conduct of the Association's business; provided, however, that the Board may cause a Member or officer to be reimbursed for expenses incurred in carrying on the business of the Association; or, e) Filling of a vacancy on the Board created by the removal of a Director. 7.07. Action Requiring Consent. The Board shall take the following actions only upon obtaining consents of Members as follows: a) The Consent of three-fourths of the voting power of the Association residing in Members other than the Declarant so long as the Declarant holds or directly controls at least 25 % of the voting power of the Association, and after the Declarant no longer controls 25 % or more, the consent of two-thirds of the voting power of all Members shall be necessary to do the following: i) Borrow money, and only with the assent (by vote or written consent) of three-fourths (3/4) of Members, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal Property as security for money borrowed or debts incurred; ii) Dedicate, sell or transfer all of or any part of any interest it may have in the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members; provided that no such dedication or transfer shall be effective unless an instrument has been signed by two-thirds of the Members agreeing to such dedication, sale or transfer, and any sale of all or substantially all of the corporation's assets must be in compliance with Section 7.07(b) below. iii) Participate in mergers and consolidations with other nonprofit corporations organized for the same purpose or annex additional residential Property, provided that any merger, consolidation or such annexation shall have the assent by vote of three-fourths (3/4)- of Members or by the written consent of such Members, excluding Declarant. b) The consent of 100% of the Members shall be required so long as there is any Lot, parcel, area, apartment or unit for which the Association is obligated to provide management, maintenance, preservation or control for the Association to do the following: i) Transfer all or substantially all of its assets; or, 7.4 ii) File a certificate of dissolution. 7.08. Alternative Dispute Resolution. In any dispute in which the Association is a party, the Association may perform any act reasonably necessary to resolve any such civil claim or action through alternative dispute resolution proceedings such as mediation, binding arbitration, or non- binding arbitration proceedings. The Association may perform the following acts: a) Providing, or in good faith attempting to provide, one hundred twenty (120) days advance notice of the Board's intent to initiate the prosecution of any civil action and of the nature and basis of the claim to every Member of the Association and every entity or person who is a prospective party to the civil action, provided that notice can be given (A) more than one hundred twenty (120) days prior to the expiration of any pertinent statute of limitations, and (B) without prejudice to the Association's rights to enforce the project documents, and further provided that no such notice need be given prior to the filing of an action in small claims court or an action solely to enforce assessment obligations. b) Prior to initiating the prosecution of a civil action solely for declaratory relief or injunctive relief to enforce the project documents, or for declaratory relief or injunctive relief to enforce the project documents in conjunction with a claim for monetary damages not in excess of five thousand dollars ($5,000), endeavor to submit the matter to alternative dispute resolution in compliance with the provisions of Section 1354(b) of the California Civil Code. c) Immediately after initiating the prosecution or defense of any civil action, make a reasonable effort, in good faith, to meet and confer with every person or entity who is a party to the action to discuss appropriate processes for resolving the civil action, including available alternative dispute processes for resolving the civil action, including available processes for avoiding or reducing costs or losses by the parties associated with the action; provide an opportunity to cure any alleged defect in Common Areas, or facilities which is the basis for the action; and provide for the scope of discovery, if any, to be conducted prior to the inception of any.alternative dispute resolution procedure. d) Consider diversion of the prosecution or defense of any civil action to a alternative dispute resolution proceeding such as mediation, non-binding arbitration, or binding arbitration. e) Agree to participate, and participate fully and in good faith in the resolution of any civil action through any alternative dispute resolution proceedings, including but not limited to mediation, non-binding arbitration, and binding arbitration, and paying costs reasonably incurred by the Association on account of those alternative dispute resolution proceedings. 7.09. Dispute Notification and Resolution Procedure (Declarant Disputes). Any disputes between the Association (or any Owners) and the Declarant or any director, officer, partner, employer, subcontractor or agent of the Declarant relating to this Declaration, the use or condition of the Property, and/or the design, construction and installation of any Improvements located thereon shall be subject to the following provisions: a) Notice: Any Person with a claim against the Declarant or any director, officer, partner, employer, subcontractor or agent thereof (collectively the "Declarant" for purposes of this section) shall notify the Declarant in writing of the claim, which writing shall describe the nature of the claim and the proposed remedy (the "Claim Notice"). 7.5 b) Right to Inspect and Right to Corrective Action: Within a reasonable period after receipt of the Claim Notice, which period shall not exceed 60 days, the Declarant and the claimant shall meet at a mutually-acceptable place within the Development to discuss the claim. At such meeting or at such other mutually-agreeable time, Declarant and Declarant's representatives shall have full access to the Property that is subject to the claim for the purposes of inspecting the Property. The parties shall negotiate in good faith in an attempt to resolve the claim. If the Declarant elects to take any corrective action, Declarant and Declarant's representatives and agents shall be provided full access to the Development to take and complete corrective action. If the claim is subject to the provisions of Civil Code Section 1375 as it may be amended from time to time, compliance with the procedures of Civil Code Section 1375 shall satisfy the requirements of this section. c) Mediation: Ifthe parties cannot resolve the claim pursuant to the procedures described in subparagraph (b) above (including, if applicable, Civil Code Section 1375 procedures), the matter shall be submitted to mediation by the Board or Qwner as necessary to preserve any Association's or Owner's rights under any applicable statute of limitations, provided that the Association or Owner shall take no further steps in prosecuting the action until it has complied with the procedures described in this section. Notwithstanding any other provision herein to the contrary, in any dispute between the Association and/or any Qwner and the Declarant, each party shall bear its own attorney's fees. Any and all communications by and between the parties, whether written or oral, which are delivered by the parties or their attorneys or other representatives in an effort to settle the claim shall be considered communications undertaken in the course of effecting a settlement or compromise and as such shall not be admissible as the admission on the part of any party or any representative or agent of that party to be utilized for any such purpose in any action or proceeding. Notwithstanding the provisions of this section, the Association, any Owner, or the Declarant shall not be obligated to participate in the mediation or judicial reference proceedings described herein if, prior to the commencement of the proceeding, that party makes a good faith determination supported by valid and sufficient reasons that such participation is not in that party's interest and notifies the other party in writing of its determination not to participate. Nothing herein shall be considered to reduce or extend any applicable statue of limitations. 7.10. Civil Action Against Declarant. Not later than 30 days prior to the filing of any civil action by the Association against the Declarant for alleged damage to the Common Areas, alleged damage to the Separate Interest that the Association is obligated to maintain or repair, or alleged damage to the Separate Interests that arises out of, or is integrally related to, damage to the Common Areas or Separate Interest that the Association is obligated to maintain or repair, the Board shall provide written notice to each Member of the Association. This notice shall specify all of the following: 7.6 a) of a civil action; That a meeting will take place to discuss problems that may lead to the filing b) problems; and, The options, including civil actions, that are available to address the c) The time and place of this meeting; and, d) Notwithstanding subdivision (a), if the Association has reason to believe that the applicable statute of limitations will expire before the Associaiton files the civil action, the Association may give the notice, as described above, within 30 days after the filing of the action. 7.11. Inspection and Maintenance Guidelines. The Board shall adopt inspection and maintenance guidelines for the periodic inspection and maintenance of the Common Area Improvements. The Board periodically and at least once every two years, shall review and update the inspection and maintenance guidelines. The Board shall take all appropriate steps to implement and comply with the inspection and maintenance guidelines. 7.7 SECTION 8: ASSESSMENTS 8.01. Agreement to Pay; Personal Obligation. Declarant, and its successor in interest, if any, for each Lot owned by it, and each Owner, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (1) Regular Annual Assessments; (2) Special Assessments for capital improvements or unusual expenses to be established and collected as hereinafter provided (collectively "Assessments"); and, (3) Individual Charges levied against an individual Owner, to be established and collected as provided in this Declaration and in the other Project Documents. All Assessments and Individual Charges, together with any late charges, interest, collection costs and reasonable attorney's fees incurred in collecting delinquent Assessments and Individual Charges, shall be the obligation of the Owner of such Lot at the time when the Assessments or Individual Charges fell due. If more than one person or entity was the Owner of a Lot at the time the Assessments or Individual Charges fell due, the obligation to pay each Assessment and Individual Charge shall be joint and several. The obligation for delinquent Assessments and Individual Charges shall not pass to any transferee unless expressly assumed by him. No Qwner may exempt himself from liability for his/her Assessments or Individual Charges obligation by waiver of the use or enjoyment of any of the Project. If an Qwner has a dispute with the Association regarding an assessment levied by the Association, the Owner may pay the assessment under protest in accordance with the procedures set forth in Civil Code Section 1366.3 or any successor statute thereto. 8.02. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for paying the costs of and creating reserves for the costs of all obligations which the Association is authorized or obligated to perform as described in this Declaration. 8.03. Common Facility Assessment Exemption. The Declarant and any other Owner of a Lot may be exempt from the payment of that portion of any assessment which is for the purpose of defraying expenses and reserves directly attributable to the existence and use of a common facility that is not complete at the time assessments commence. Any exemption from the payment of assessments shall be in effect only until the earliest of the following events: a) A Notice of Completion of the common facility has been recorded; or, b) The common facility has been placed into use. 8.04. Regular Annual Assessments and Special Assessments. The provlSlons of this Subsection entitled "Regular Annual and Special Assessments" are intended to comply with Civil Code Sections 1366(a) and (b) in effect as of January 1, 1997. If this section is amended in any manner, the provisions of this subsection automatically shall be amended in the same manner, provided that if Section 1366(b) is repealed and no successor statute is enacted with respect to restrictions on assessments, the provisions of this subsection shall remain in full force and effect. Civil Code Sections 1366(a) and (b) may have been amended by the State Legislature, and the Board should confirm the current statutory requirements. Regular assessments shall be payable in equal monthly installments, due on the first day of each month, unless the Board adopts some other basis for collection. 8.1 Notwithstanding any other provIsIons contained in this section, the Board may increase assessments necessary for emergency situations pursuant to Section 1366 of the Civil Code. 8.05. Quorum. For the purposes of establishing "Assessments" above, a quorum means more than 50% of the Members of the Association. In addition, any meeting or election of the Association for purposes of complying with this Subsection above entitled "Regular Annual Assessments" shall be conducted in accordance with Chapter 5 (commencing with Section 7510) of Part 3, Division 2 of Title 1 of the Corporations Code and Section 7613 of the Corporations Code. 8.06. EQual Division of Regular and Special Assessments. Regular and Special Assessments shall be levied against each Lot (and its Owner) equally, based on a fraction, the numerator of which is one and the denominator of which is the total number of Lots in the Project. 8.07. Individual Charges. Individual charges may be levied against a Member as follows: a) As a monetary penalty imposed by the Association as a disciplinary measure for the failure of a Member to comply with the Project Documents; or, b) As a means of reimbursing the Association for costs incurred by the Association for the repair of damage to Common Areas and facilities for which the Member was responsible, or to otherwise bring the Member and his/her Lot into compliance with the Project Documents. Such individual charges (other than reasonable late charges, interest, costs of collection and reasonable attorneys' fees related to the collection of Assessments) are not enforceable through the lien provisions of the Project Documents. All individual charges shall comply with California Civil Code Section 1366 to the extent that it is applicable. 8.08. Commencement of Assessments and Individual Charges. The right to levy Assessments and Individual Charges shall commence as to all Lots in the Project on the close of escrow for the first conveyance of a Lot in the Project. Regular Assessments shall commence as to all Lots in the Project on the first day of the month following the first conveyance of a Lot under authority of a Public Report. Thereafter, Regular Assessments shall be levied on the first day of each month. 8.09. Assessment Lien. Each delinquent Assessment or installment, shall be a charge and a continuing lien upon the Lot against which each Assessment is made, the lien to become effective upon recordation of a Notice of Delinquent Assessment, subject to any costs of collection (including attorney's fees), late charges, and interest, by taking the following steps: a) The Association shall notify the Qwner in writing by certified mail of the fee and penalty procedures of the Association, shall provide an itemized statement of the charges owed by the Owner, including items on the statement which indicate the principal owed, any late charges and the method of calculation, any attorneys' fees, and the collection practices used by the Association, including the right of the Association to the reasonable costs of collection. b) After compliance with the notice requirements of "a"above, the Association may impose a lien against the Owner's Lot in the amount of the delinquent assessment or assessments, plus cost of collection, late charges and interest by recording a notice of delinquent assessment with the county recorder of the county in which the Project is located. The notice shall state the amount of the assessment(s) and other sums imposed in accordance with Civil Code Section 1366 or any successor statute thereto, a legal description of the Owner's Lot in the Project 8.2 against which the assessment(s) and other sums are levied, the name of the record owner of the Qwner's Lot in the Project against which the lien is imposed, and, if the lien is to be enforced by nonjudicial foreclosure, the name and address of the trustees authorized by the Association to enforce the lien by sale. The notice shall be signed by any officer of the Association or an employee or agent of the Association authorized to do so by the Board and a copy mailed in the manner required by Civil Code Section 2924b to all record owners of the Owner's Lot in the Project no later than ten days after recordation. Any payments made on the delinquent assessment(s) shall be applied first to the principal owed, and only after the principal owned is paid in full shall payments be applied to interest or collection costs. Upon payment of the sums specified in the Notice of Delinquent Assessment, the Association shall cause to be recorded with the county recorder of the county in which the Project is located a notice stating the satisfaction and release of the lien thereof. After the expiration of 30 days following the recordation of the notice of delinquent assessment, the Board may enforce any assessment lien established hereunder by filing an action for judicial foreclosure or, if the notice of delinquent assessment contained the name and address of the trustee authorized by the Association to enforce the lien by nonjudicial foreclosure, by recording a notice of default in the form described in Civil Code Section 2924c(b)( 1) to commence a nonjudicial foreclosure. Any nonjudicial foreclosure shall be conducted in accordance with the requirements of Civil Code Sections 2924, 2924b, 2924c, 2924f, 2924g and 2924h that apply to nonjudicial foreclosure of mortgages or deeds of trust. The sale shall be conducted by the trustee named in the notice of delinquent assessment or by a trustee substituted in accordance with the provisions of Civil Code Section 2934a. The Association may bid on the Lot at the sale and may hold, lease, mortgage and convey the acquired Lot. If default is cured before the sale, including payment of all costs and expenses incurred by the Association, the Association shall record a notice of satisfaction and release of lien and, to the extent required by Civil Code Section 2924(c)(a)(2), a notice of rescission. In addition to the remedies described herein, the Board, pending the payment in full of all delinquent assessments and related charges, may suspend the voting rights of the Owner. The provisions of this section are intended to comply with the requirements of Civil Code Sections 1366.3 and 1367 in effect as of January 1, 1997. If these sections are amended or rescinded in any manner the provisions of this Section automatically shall be amended or rescinded in the same manner. The Board is advised to confirm whether any changes have occurred. 8.3 SECTIQN 9: ENFQRCEMENT OF RESTRICTIONS 9.01. General. The Association or any Owner shall have the right to enforce compliance with the Project Documents in any manner provided by law or in bringing an action for damages, an action to enjoin the violation or to specifically enforce the provisions of the Project Documents, to enforce the liens provided for herein (except that no Owner shall have the right to enforce independently of the Association any Assessment, Individual Charge or Assessment lien created herein) and any statutory lien provided by law, including the foreclosure of any such lien and the appointment of a receiver for an Qwner and the right to take possession of the Lot in the manner provided by law. In the event the Association or any Owner shall employ an attorney to enforce the provisions of the Project Documents against any Owner, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other amounts due as provided for herein. All sums payable hereunder by an Owner shall bear interest at the maximum rate permitted by law from the due date, or if advanced or incurred by the Association or any other Owner pursuant to authorization contained in the Project Documents, commencing 15 days after repayment is demanded. All enforcement powers of the Association shall be cumulative. Failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 9.02. Specific Enforcement Rights. In amplification of, and not in limitation of, the general rights specified in Section 9.01 above, the Association, or its authorized representative, shall have the following rights: a) Enforcement by Sanctions. i) Limitation. The Association shall have no power to cause a forfeiture or abridgement of an Owner's right to the full use and enjoyment of his/her Lot on account of a failure by the Owner to comply with provisions of the Project Documents except where the loss or forfeiture is the result of the judgment of a court or a decision arising out of arbitration or on account of a foreclosure or sale under a power of sale for failure of the Qwner to pay Assessments levied by the Association. ii) Disciplinary Action. The Association may impose monetary penalties, temporary suspensions of a reasonable duration (not to exceed 30 days per violation) of an Owner's rights as a Member of the Association or other appropriate discipline for failure to comply with the Project Documents. Notwithstanding the foregoing, the Association shall have no right to interfere with an Owner's right of ingress to or egress from his/her Lot. If the Board adopts a policy imposing monetary penalties, the Board shall adopt and distribute to each Member, by personal delivery or first-class mail, a schedule of the monetary penalties that may be assessed. The Board may change the schedule from time to time and shall distribute a notice of such changes to the Members in the same manner as the schedule of penalties. If requested by a Member being disciplined, the Board shall conduct the disciplinary proceeding in executive session. In such session, the Member, and, if applicable, the Member's counsel, and the Association's counsel shall be entitled to attend. In addition, the Board may interview witnesses and other appropriate parties to the disciplinary proceeding in executive session. The provisions of this paragraph are intended to comply with requirement of Civil Code Section 1363(g) in effect as of January 1, 1997. If the provisions of Section 1363(g) are amended ornrepealed in any manner, this paragraph automatically shall be amended or repealed in the same 9.1 manner. Civil Code Section 1363(g) may have been amended by the State Legislature, and the Board should confirm the current statutory requirements. Before disciplinary action authorized under this Section may be imposed by the Association, the Owner against whom such action is proposed to be taken shall be given notice and the opportunity to be heard in accordance with Section 7341 of the Corporations Code, as set forth in Section 12 of the Bylaws. b) Suit to Collect Delinquent Assessments or Individual Charges. A suit to recover a money judgment for unpaid Assessments or unpaid Individual Charges, together with late charges, interest, costs and reasonable attorneys' fees shall be maintainable by the Association. In the case of unpaid Assessments, such suit shall be maintainable without foreclosing or waiving the lien securing such unpaid Assessments. c) Transfer bv Sale or Foreclosure. In a sale or transfer of a Lot, the obligation for delinquent Assessments or individual charges shall not pass to the transferee unless expressly assumed by him. The sale or transfer of any Lot shall not affect the Assessment lien, nor the right of the Association to impose a lien for Assessments which became due prior to such sale or transfer. However, the sale or transfer of any Lot pursuant to the exercise of a power of sale or judicial foreclosure involving a default under a First Mortgage shall extinguish the lien and right to lien for Assessments which became due prior to such sale or transfer. No transfer of the Lot as the result of a foreclosure or exercise of a power of sale shall relieve the new Owner, whether it be the former beneficiary of the First Mortgage or another person, from liability for any Assessments or individual charges thereafter becoming due or from the lien thereof. d) Waiver of Homestead Benefits. Each Owner to the extent permitted by law, waives, to the extent of any liens created pursuant to the Project Documents, the benefit of any homestead or exemption laws of California in effect at the time any Assessment becomes due. 9.2 SECTION 10: BUDGETS. FINANCIAL STATEMENTS AND BANK ACCOUNTS 10.01. Proposed Budget. Not less than 75 days before the beginning of each fiscal year, the Board shall prepare or cause to be prepared, a proposed pro forma budget for the forthcoming fiscal year. Any Qwner or Mortgagee may make written comments to the Board with respect to said Pro Forma Operating Statement. The pro forma operating statement shall be prepared consistently with the prior fiscal year's operating statement and shall include adequate reserves for contingencies and for maintenance, repair and replacement of the Common Area improvements and Association personal Property likely to need maintenance, repair or replacement in the future. 10.02. Adopt Budget. Not more than 75 days nor less than 60 days before the beginning of each fiscal year, the Board shall meet to review the proposed pro forma budget, any written comments received and any other information available to it and, after making any adjustments that the Board deems appropriate, shall adopt the budget and establish the Regular Assessment for the forthcoming fiscal year. 10.03. Bud!!ets. Financial Statements. The following financial and related information shall be regularly prepared and distributed by the Board to all Members of the Association in accordance with Section 1365 of the Civil Code: a) Budget. A copy of the operating budget for the immediately ensuing fiscal year shall be annually distributed not less than 45 days and not more than 60 days prior to the beginning of the Association's fiscal year, which shall include all of the following: (1) The estimated revenue and expenses of the Association on an accrual basis; (2) A summary of the Association's reserves based on the most recent reserves review or study conducted pursuant to Section 1365.5 of the Civil Code, which shall be printed in bold type and include all of the following: A) The current estimated replacement cost, estimated remaining life and estimated useful life of each major component. B) As of the end of the fiscal year for which the study was prepared: (i) The current estimate of cash reserves necessary to repair, replace, restore or maintain the major components; and, (ii) The current amount of accumulated cash reserves actually set aside to repair, replace, restore or maintain the major components; and, C) The percentage that the amount in (ii) of subparagraph B is to the amount in (i) of subparagraph B. (3) A statement as to whether the Board has determined or antICIpates that the levy of one or more special assessments will be required to repair, replace or restore any major component, or to provide adequate reserves therefor; and, 10.1 (4) A general statement setting forth the procedures used by the Board in the calculation and establishment of those reserves to defray the future repair, replacement, or additions to those major components for which the Association is responsible. The summary of the Association's reserves disclosed pursuant to paragraph (2) shall not be admissible in evidence to show improper financial management of an Association, provided that other relevant and competent evidence of the financial condition of the Association is not made inadmissible by this provision. b) Financial Statements. A review of the financial statement of the Association shall be prepared in accordance with generally accepted accounting principles by a licensee of the California State Board of Accountancy for any fiscal year in which the gross income to the Association exceeds seventy-five thousand dollars ($75,000). A copy of the review of the financial statement shall be distributed within 120 days after the close of each fiscal year. In lieu of the distribution of the pro forma operating budget referred to in subsection "a)" above entitled "Budget", the Board may elect to distribute a summary of the proforma operating budget to all Members of the Association with a written notice (in at least 10-point bold type on the front page) that the budget is available at the business office of the Association, or at a location within the Project's boundaries, and that copies will be provided upon request and at the expense of the Association. The Association must mail such copies of the pro forma operating budget, by first-class United States mail to any Member requesting same at the expense of the Association, which copies shall be mailed within five days from receipt of such request. c) Statement of Enforcement Policies. In addition to financial statements, the Board shall annually distribute within 60 days prior to the beginning of the Association's fiscal year, a statement of the Association's policies and practices in enforcing lien right or other legal remedies against Members for defaults in the payment of regular and special assessments including the recording and foreclosing of liens against Members' Lots. 10.04. Summarv of General Liability and Earthquake and Flood Policies. A summary of the Association's General Liability and Earthquake and Flood policies (individually and collectively referred as the "Policy"or "Policies") shall be distributed to, all Members within 60 days preceding the beginning of the Association's fiscal year. The summary shall include the following information on the Policies: i) The name of the insurer. ii) The type of insurance. iii) The Policy limits of the insurance; and, iv) The Association shall, as soon as reasonably practical, notify its Members by first-class mail if any of the Policies have been canceled and not immediately renewed or restored or if there is a significant change, such as a reduction in coverage or limits, or an increase in the deductible for any Policy. The Association shall notify its Members to the extent that the information required to be disclosed pursuant to the above, is specified in the insurance declaration page, the Association may meet its disclosure obligations by making copies of that page and distributing copies to all its Members. 10.2 This summary shall contain, in at least 1O-point boldface type, the following statement: This summary of the Association's policies of insurance provides only certain information as required by subdivision (e) of section 1365 of the Civil Code and should not be considered a substitute for the complete policy terms and conditions contained in the actual policies of insurance. Any member, upon request and reasonable notice, may review the Association's insurance policies and, upon request and payment of reasonable duplication charges, obtain copies of those policies. Although the Association maintains the policies of insurance specified in this summary, the Association's policies of insurance may not cover your property, including personal property, or real property improvements to or around your dwelling, or personal injuries or other losses that occur within or around your dwelling. Even if a loss is covered, you may nevertheless be responsible for paying all or a portion of any deductible that applies. Association members should consult with their individual insurance brokers or agent for appropriate additional coverage. The provisions of this Sub-section are intended to comply with the requirements of Civil Code Sections 1354(i), 1363.05(e) and 1365 in effect as of January 1, 1997. If these Civil Code Sections are amended or repealed in any manner, the provisions of this Sub- section shall be amended or repealed in the same manner. Civil Code Sections 1354(i), 1363.05(e) and 1365 may have been amended by the State Legislature, and the Board should confirm the current statutory requirements. 10.05. Reserves and Reserves Study. a) Reserves. Each annual regular assessment shall include a portion for reserves in such amount as the Board in its discretion considers appropriate to meet the cost of the future repair, replacement or additions to the Major Components that the Association is obligated to maintain and repair. Reserve funds may not be expended for any purpose other than the repair, restoration, replacement, or maintenance of, or litigation involving the repair, restoration, replacement, or maintenance of, Major Components which the Association is obligated to maintain. b) Transfer of Reserves. Notwithstanding the foregoing, the Board may authorize the temporary transfer of money from a reserve fund to the Association's general operating fund to meet short-term cash-flow requirements or other expenses, provided the Board has made a written finding, recorded in the Board's minutes, explaining the reasons that the transfer is needed, and describing when and how the money will be repaid to the reserve fund. The transferred funds shall be restored to the reserve fund within one year of the date of the initial transfer, except that the Board may, upon making a finding supported by documentation that a temporary delay would be in the best interests of the Project, temporarily delay the restoration until the time which the Board reasonably determines to be necessary. The Board shall exercise prudent fiscal management in delaying restoration of these funds and in restoring the expended funds to the reserve account, and shall, if necessary, levy a special Assessment to recover the full amount of the expended funds within the time limits required herein. The special assessment is subject to the Assessment increase restrictions set forth in Subsection 8.4(entitled "Regular Annual Assessments") and Civil Code Section 1366(b). The Board may, at its discretion, extend the date the payment on the special assessment is due. Any extension shall not prevent the Board from pursuing any legal remedy to enforce the collection of an unpaid special assessment. When the decision is made to use reserve funds or to temporarily transfer money from the reserve fund to pay for litigation, the Association shall notify the Members of the 10.3 .. ,,-~,,_~,.__._-------------,~--------_.'._---~_._--"--------_.__._----------_._-_._------_..~-----~--~--_.- .~.._-- Association of that decision in the next available mailing to all Members pursuant to Section 5016 of the Corporations Code, and of the availability of an accounting of those expenses. Unless the governing documents impose more stringent standards, the Association shall make an accounting of expenses related to the litigation on at least a quarterly basis. The accounting shall be made available for inspection by Members of the Association at the Association's office. c) Reserve Study. At least once every three years, the Board shall cause a study of the reserve account requirements to be conducted if the current replacement value of the major components which the Association is obligated to repair, replace, restore, or maintain is equal to or greater than one-half of the gross budget of the Association for any fiscal year. The Board shall review this study annually and shall consider and implement necessary adjustments to the Board's analysis of the reserve account requirements as a result of that review. The study shall, at a minimum, include: i) Identification of the major components which the Association is obligated to repair, replace, restore, or maintain which, as of the date of the study, have a remaining useful life of less than 30 years; ii) Identification of the probable remaining useful life of the components identified in subparagraph (1) as of the date of the study; iii) An estimate of the cost of repair, replacement, restoration, or maintenance of each Major Component identified in subparagraph (1) during and at the end of its useful life; and, iv) An estimate of the total annual contribution necessary to defray the cost to repair, replace, restore, or maintain each major component during and at the end of its useful life after subtracting total reserve funds as of the date of the study. As used herein, "reserve accounts" means moneys that the Board has identified for use to defray the future repair or replacement of, or additions to, those major components which the Association is obligated to maintain; and "reserve account requirements" means the estimate funds which the Board has determined are required to be available at a specified point in time to repair, replace, or restore those major components which the Association is obligated to maintain. The provisions of the Subsection entitled "Reserves and Reserves Study" are intended to comply with the requirements of Civil Code Section 1365.5(c) and (d). If these Civil Code Sections are rescinded or amended in any manner, the provisions of the Subsection automatically shall be rescinded or amended in the same manner. 10.05. Bank Accounts. The Association shall deposit all funds collected from OwnerS pursuant to the Section herein entitled "Assessments" and all other amounts collected by the Association as follows: a) General. All funds shall be deposited in a separate bank account ("General Account") with a bank located in California. The Association shall keep accurate books and records regarding such account. Funds deposited in such account may be used by the Association only for the purposes for which such funds have been collected. lOA b) Reserve. Funds which the Association shall collect for reserves for capital expenditures relating to the repair and maintenance of the Common Area, and for such other contingencies as are required for good business practice shall, within 10 days after deposit in the General Account, be deposited into an interest bearing account with a bank or savings and loan association selected by the Association, or invested in Treasury Bills or Certificates of Deposit or otherwise prudently invested, which shall collectively be referred to as the "Reserve Account". Funds deposited into the Reserve Account shall be held in trust and may be used by the Association only for the purposes for which such amounts have been collected. 10.5 SECTIQN 11: INSPECTIQN QF BOQKS AND RECORDS 11.01. Inspection by Members. a) Commencing not later than 90 days after the close of escrow of the first interest in the Project, copies of the documents listed below, as soon as readily obtainable, shall be delivered by the Declarant to the Board of the Association at the office of the Association, or at such other place as the Board shall prescribe. The obligation to deliver the documents listed below shall apply to any documents obtained by the Declarant no matter when obtained, provided, however, such obligation shall terminate upon the earlier of (1) the conveyance of the last subdivision interest covered by a Final Public Report or (2) three years after the expiration of the most recent Public Report for the Project: i) The recorded subdivision Map or Maps for the Project. ii) The deeds and easements executed by the Declarant conveying the Common Area or other interest to the Association, to the extent applicable. iii) and annexations thereto. The recorded Declaration for the Project, including all amendments iv) The Association's filed Articles of Incorporation, if any, and all amendments thereto. v) The Association's Bylaws and all amendments thereto. vi) All architectural guidelines and all other rules regulating the use of an Owner's interest in the Project or use of the Common Area which have been promulgated by the Association. vii) The plans approved by the local agency or county where the Project is located for the construction or improvement of facilities that the Association is obligated to maintain or repair; provided, however, that the plans need not be as-built plans and the plans may bear appropriate restrictions on their commercial exploitation or use and may contain appropriate disclaimers regarding their accuracy. viii) All Notice of Completion certificates issued for Common Area improvements (other than residential structures). ix) Any bond or other security device in which the Association is the beneficiary. x) Any written warranty being transferred to the Association for Common Area equipment, fixtures or improvements. xi) Any insurance policy procured for the benefit of the Association, its Board, or the Common Area. xii) Any lease or contract to which the Association is a party. 11.1 xiii) The membership register, including mailing addresses and telephone numbers, books of account and minutes of meetings of the Members, of the Board and of committees of the Board. xiv) Any other instrument which establishes or defines the common, mutual or reciprocal rights or responsibilities of Owners or Members of the Association. b) If the Project is phased, commencing not later than 90 days after the annexation of additional phases to the Project, copies of those documents listed under subdivision (a) which are applicable to that phase, shall as soon as readily obtainable, be delivered by Declarant to the Board at the office of the Association, or at such other place as the Board shall prescribe. The obligation to deliver the documents listed in Subsection (a) shall apply to any documents obtained by the Declarant no matter when obtained, provided, however, such obligation shall terminate upon the earlier of (1) the conveyance of the last subdivision interest covered by a Final Public Report or (2) three years after the expiration of the most recent Final Public Report for the Project. c) The membership register, including mailing addresses and telephone numbers, books of account and minutes of meetings of the Members, the Board, and of committees of the Board shall be made available for inspection and copying by any Member of the Association or by his/her duly-appointed representative at any reasonable time and for a purpose reasonably related to his/her interest as a Member at the office of the Association or at such other place within the Project as the Board shall prescribe. d) i) In the case of the minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any meeting of the Board, other than an executive session, shall be available to Members within 30 days of the meeting and shall be distributed to Members only upon request and payment of the fee prescribed in Section 11.02(c) . below. ii) At the time the pro forma operating budget is distributed as required by Section 10 or at the time of any general mailing, Members of the Association shall be notified in writing of their right to have copies of the minutes of meetings of the Board and as to how and where those minutes may be obtained and the cost of obtaining such copies. 11.02. Rules for Inspection by Members. The Board shall establish reasonable rules with respect to: a) Notice to be given to the custodian of the records by the Member desiring to make the inspection; b) Hours and days of the week when such an inspection may be made; and, c) Payment of the costs of reproducing copies of documents requested by a Member. 11. 03. Inspection by Directors. Every Director shall have the absolute right at any reasonable time to inspect all books, records, and documents of the Association and the physical properties owned or controlled by the Association. The right of inspection by a Director includes the right to make extracts and copies of documents. 11.2 11.04. Review of Financial Records. The Board shall review on at least a quarterly basis a current reconciliation of the Association's operating and reserve accounts, the current year's actual reserve revenues and expenses compared to the current year's budget and an income and expense statement for the Association's operating and reserve accounts. In addition, the Board shall review the latest account statements prepared by the financial institutions where the Association has its operating and reserve accounts. For purposes herein, "reserve accounts" shall mean monies that the Association's Board has identified from its annual budget for use to defray the future repair or replacement of, or additions to, those major components which the Association is obligated to maintain. 11.05. Reserve Account Withdrawal Restrictions. The Board shall require that at least two (2) signatures be needed for the withdrawal of monies from the Association's reserve accounts, who either shall be Members of the Board or one (1) Member of the Board and one (1) officer who is not a Member of the Board. 11.3 SECTION 12: INSURANCE. DESTRUCTION. CONDEMNATIQN 12.01. Insurance. In addition to other insurance required to be maintained by the Project Documents, the Association, through its Board, shall obtain from generally accepted insurance carriers, and maintain in effect at all times, the following insurance at common expense: a) Liability Insurance. The Association shall obtain and maintain comprehensive public liability insurance insuring the Association and each Owner against any liability incident to the ownership, use or maintenance of the Common Area, and other maintenance obligations, including, if obtainable, a cross-liability or severability of interest endorsement insuring each insured against liability to each other insured. The limits of such insurance shall not be less than $1,000,000 covering all claims for death, personal injury and Property damage arising out of a single occurrence. Such insurance may include protection against water damage liability, liability for nonowned and hired automobiles, liability for Property of others, and such other risks as are customarily covered with respect to projects similar in construction, location and use. Such policy may provide for a reasonable deductible. b) Fire. Casualty and Extended Coverage Insurance. The Association shall also obtain and maintain a policy of fire, casualty and extended coverage insurance for the full insurable replacement value (without deduction for depreciation) of all of the Common Area Improvements within the Project. Such policy may provide for a reasonable deductible. The form, content, term of policy, its endorsements and the issuing company shall meet the reasonable standards of all First Mortgagees and shall be consistent with good sound insurance coverage for properties similar in construction, location and use. The policy shall name as insured the Association for the benefit of the Qwners and Declarant, as long as Declarant is the Owner of any Lot, and all Mortgagees as their respective interests shall appear, and may contain a loss payable endorsement in favor of any trustee described below. c) Trustee. All fire, casualty and extended coverage insurance proceeds payable under Section 12.01(b) above for losses to real Property and improvements may be paid to a trustee, to be held and expended for the benefit of the Owners, Mortgagees, and others, as their respective interests shall appear. Said trustee shall be a commercial bank, savings and loan or trust company in the county in which the Project is located that agrees in writing to accept such trust. d) Other Insurance. The Board shall purchase and maintain worker's compensation insurance, to the extent that it is required by law, for all employees or uninsured contractors of the Association. The Board also shall purchase and maintain fidelity bonds or insurance (which shall be in an amount not less than 150% of each year's estimated annual operating expenses and reserves and shall contain an endorsement of coverage of any person who may serve without compensation) sufficient to meet the requirements of any First Mortgagee. The Board shall also purchase and maintain insurance on personal Property owned by the Association, and any other insurance that it deems necessary, that is required by any First Mortgagee or that is customarily obtained for projects similar in construction, location and use. e) Adiustment of Losses. The Board is appointed attorney-in-fact by each Owner to negotiate and agree on the value and extent of any loss under any policy carried pursuant to Sections 12.01(a), (b) and (e). With respect to these sections, the Board is granted full right and authority to compromise and settle any claim or enforce any claim by legal action or otherwise and to execute releases in favor of any insurer. 12.1 f) Officer and Director Insurance. The Association may purchase and maintain insurance on behalf of any Director, Officer, or Member of a committee of the Association (collectively the "agents") against any liability asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not the Association would have the power to indemnify the agent against such liability under applicable law. g) Waiver of Subrogation. All insurance carried by the Association, or the Qwners, shall contain provisions whereby the insurer waives rights of subrogation as to the Association, Directors, Qfficers, Declarant, Qwners, occupants of Lots, their family, guests, agents and employees. h) Notice of Cancellation. All insurance carried by the Association shall require the insurer to notify any First Mortgagee and Declarant requesting such notice at least 15 days prior to the effective date of any reduction or cancellation of the policy. i) Annual Review of Policies. All insurance policies shall be reviewed at least annually by the Board in order to ascertain whether the coverage contained in the policies is adequate. j) Payment of Premiums. Premiums on insurance maintained by the Association shall be a common expense funded by Assessments levied by the Association. 12.02. Individual Fire Insurance. Each Owner shall obtain and maintain, at his/her expense, fire and casualty coverage as may be required by the Owner's Individual Mortgagee, or if no Mortgagee encumbers a Lot, fire and casualty coverage as may be determined by the Board, with respect to damage or destruction to improvements on Owner's Lot. All such individually carried insurance shall also contain a waiver of subrogation rights by the carrier as to other Owners, the Association, Declarant and First Mortgagee of such Lot. 12.03. Destruction. a) Minor Destruction Affecting Common Area. Notwithstanding Section 12.03(b), the Board shall have the duty to repair and reconstruct the Common Area without the consent of Members and irrespective of the amount of available insurance proceeds or other funds, in all instances of partial destruction where the estimated cost of repair and reconstruction does not exceed 5 % of the budgeted gross expenses of the Association for that fiscal year. The Board may levy a Special Assessment for the cost of such repair and reconstruction to the extent insurance proceeds or other funds are unavailable. b) Maior Destruction Affecting Common Area. i) Destruction; Proceeds Exceed 85% of Reconstruction Costs. If there is a total or partial destruction of the Common Area, and if the available proceeds of the insuranc~ carried pursuant to Section 12.01 or other available funds are sufficient to cover not less than 85 % of the costs of repair and reconstruction, the Common Area shall be promptly rebuilt unless, within 90 days from the date of destruction, Members then holding at least 75 % of the voting power of each class determine that repair and reconstruction shall not take place. ii) Destruction; Proceeds Less than 85% of Reconstruction Costs. Ifthe proceeds of insurance carried pursuant to Section 12.01 or other available funds are less than 85% of the costs of repair and reconstruction, repair and reconstruction shall not take place unless, 12.2 within 90 days from the date of destruction, Members then holding at least a majority of the voting power of Members of each class determine that repair and reconstruction shall take place. If repair and reconstruction is to take place, the Board shall execute, acknowledge and record in the office of the County Recorder not later than 120 days from the date of destruction a certificate declaring the intention of the Members to rebuild. iii) Special Assessment to Rebuild. If the determination is made to rebuild pursuant to the above Sections, the Association may levy a Special Assessment against all Lot Owners to cover the cost of rebuilding not covered by insurance proceeds or other funds. iv) Rebuilding Contract. If the determination is made to rebuild, the Board shall obtain bids from at least three reputable contractors, and shall award the repair and reconstruction work to the least expensive bidder. The Board shall have the authority to enter into a written contract with the contractor for the repair and reconstruction, and the insurance proceeds shall be disbursed to said contractor according to the terms of the contract. It shall be the obligation of the Board to take all steps necessary to assure the commencement and completion of authorized repair and reconstruction at the earliest possible date. 12.04. Condemnation. a) Condemnation Affecting Common Area. i) Sale in Lieu. If an action for condemnation of all or a portion of the Common Area is proposed or threatened by an entity having the right to eminent domain, then on the unanimous written consent of all of the Qwners and subject to the rights of all Mortgagees, the Common Area, or a portion of it, may be sold by the Board. Subject to Corporations Code Section 8724, the proceeds of the sale shall be distributed among the Lots on the same basis as their Regular Assessment obligations and between the Lot Owners and their Mortgagees as their respective interests shall appear. ii) Award. If the Common Area, or a portion of it, is not sold, but is instead taken, the judgment of condemnation shall by its terms apportion the award among the Qwners and their respective Mortgagees. If the judgment of condemnation does not apportion the award, then the award shall be distributed as provided above. b) Condemnation Affecting Lots. If an action for condemnation of all or a portion of, or otherwise affecting a Lot is proposed or threatened, the Owner and the Mortgagees of the affected Lot, as their respective interests shall appear, shall be entitled to the proceeds of any sale or award relating to the affected Lot. If any Lot is rendered irreparably uninhabitable as a result of such a taking, the Lot shall be deemed deleted from the Project and the Owners and Mortgagees of the affected Lot, upon receiving the award and any portion of the reserve funds of the Association reserved fo~ the Lot, shall be released from the applicability of the Project Documents and deemed divested of any interest in the Common Area. 12.3 SECTION 13: MORTGAGEE PROTECTIONS 13.01. Mortgages Permitted. Any Owner may encumber his/her Lot with Mortgages. 13.02. Priority of Mort!!a!!e. Notwithstanding any other provision of this Declaration, it is hereby provided that a breach of any of the conditions contained in the Project Documents by any Owner or of any re-entry by reason of such breach, shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value as to said Lot or any part thereof. Any lien which the Association may have on any Lot in the Project for the payment of common expense assessments attributable to such Lot will be subordinate to the lien or equivalent security interest of any first mortgage on the Lot recorded prior to the date of recordation of a notice of delinquent assessment. 13.03. Pavment of Taxes or Premiums bv Mortgagees. Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which mayor have become a charge against the Common Area, unless such taxes or charges are separately assessed against the Owners, in which case the rights of Mortgagees shall be governed by the provisions of their Mortgages. Mortgagees may, jointly or singly, also pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy for the Common Area and Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. Entitlement to such reimbursement shall be reflected in an agreement in favor of any Mortgagee which requests the same to be executed by the Association. 13.04. Effect of Breach. No breach of any provision of this Declaration shall invalidate the lien of any Mortgage made in good faith and for value, but all of the covenants, conditions and restrictions shall be binding on any Owner whose title is derived through foreclosure sale, trustee's sale, or otherwise. 13.05. Mortgagee's Ri!!hts. A First Mortgagee's rights shall include, but not be limited to, the following: a) Attend Meetings. Any First Mortgagee, upon written request, shall receive written notice of all meetings of the Association and be permitted to designate a representative to attend all such meetings. b) Furnish Information. Any Mortgagee may furnish information to the Board concerning the status of any Mortgage. c) Inspect Books and Records. The Association shall make available to Owners, prospective purchasers and First Mortgagees current copies of the Project Documents and the books, records and financial statements of the Association. "Available" means available for inspection, upon request, during normal business hours. In addition, if the project contains 50 or more Lots, the Association must provide an audited financial statement for the immediately preceding fiscal year if the First Mortgagee submits a written request for it. Said financial statement shall be furnished by the Association within a reasonable time following such request. If the Project contains fewer than 50 Lots and there is no audited financial statement available, any First Mortgagee should be allowed to have an audited financial statement prepared at its own expense. 13.1 13.06. No Restriction on Owner's Ri!!ht to Ingress and E!!ress. Except as allowed in Section 16.09, there shall be no restriction upon any Qwner's right to ingress and egress to his/her Lot, which right shall be perpetual and appurtenant to his/her Lot ownership. 13.07. Notices of Mortgagees. Upon written request to the Association, any First Mortgagee shall be entitled to timely written notice of the following: a) Any proposed amendment to the Project Documents effecting a change in: i) The boundaries of any Common Area Lot or the exclusive use rights appurtenant thereto, if any; ii) The interests in the general or exclusive use Common Areas, if any, appurtenant to any Lot or the liability for Common Expenses appurtenant thereto; iii) The number of votes in the Association appurtenant to any Lot; or, iv) The purposes to which any Lot or the Common Area are restricted. b) Any proposed termination of the legal status of the Project as a planned development. c) Any condemnation or casualty loss which affects either a material portion of the Project or any Lot on which there is a First Mortgage held, insured or guaranteed by such requesting party. d) Any 60-day delinquency in the payment of Assessments or Individual Charges owed by an Owner subject to a First Mortgage held, insured or guaranteed by such requesting party. e) Any default in the performance by the affected Owner of any obligation under the Project Documents which is not cured within 60 days. t) Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association. g) Any proposed action which requires the consent of a specified percentage of First Mortgagees as specified in Section 13.08. 13.08. FNMA. FHLMC. FHA. VA Mortgages. a) Conditions When This Section Applicable. The provisions of this Section 13.08 shall apply if any of the following conditions exist pertaining to First Mortgages on any of the Lots: i) Any First Mortgage is sold or transferred to FNMA; ii) Any First Mortgage is sold or transferred to FHLMC; or, iii) Any First Mortgage is FHA insured or a Veterans Affairs ("VA") mortgage. 13.2 b) Aooroval of Material Amendments. The approval of 67% of the total voting power of the Association and 51 % or more of the Eligible First Mortgagees (based upon one vote for each first mortgage owned) must be obtained for amendments of a material nature to the Project Documents. A change to any of the following would be considered as material: or any other replace. i) ii) iii) portions of the Voting rights; Assessments, assessment liens, or subordination of assessment liens; Reserves for maintenance, repair and replacement of Common Areas Project which the Association has a duty to maintain, repair and iv) Responsibility for maintenance and repairs; v) Reallocation of interests in the general or exclusive use Common Areas, if any, or rights to their use; vi) Boundaries of any Common Area Lot; vii) Convertibility of Lots into Common Areas or vice-versa; viii) Expansion or contraction of the Project or the addition, annexation or withdrawal of Property to or from the Project; ix) Insurance or fidelity bonds; x) Leasing of lots; xi) Imposition of any right of first refusal or similar restriction on a Lot Owner's right to sell, transfer or convey his/her Lot; xii) A decision by the Qwner's Association to establish self management when professional management has been required previously by a First Mortgagee; xiii) Restoration or repair ofthe Project (after a hazard damage or partial condemnation) in a manner other than that specified in the Project Documents; xiv) Any action to terminate the legal status of the Project after substantial destruction or condemnation occurs; or, xv) Any provisions that expressly benefit First Mortgagees, insurers or guarantors. An addition or amendment to the Project Documents shall not be considered material if it is for the purpose of correcting technical errors, or for clarification only. If an addition or amendment is not considered as a material change, approval will be implied when a First Mortgagee fails to submit a response to any written proposal for an amendment within 30 days after the proposal is submitted. c) Termination of Legal Status. Except as provided above, any election to terminate the legal status of the Project as a planned development must be approved by at least 67% of the voting power of the Association and 67% of the Eligible First Mortgagees based upon one vote for each First Mortgage owned. d) Reallocation of Interests in the Common Area. No reallocation of interests, in the Common Area resulting from a partial condemnation or partial destruction of the Project shall be effected without the approval of 51 % of the Eligible First Mortgagees based upon one vote for each First Mortgage owned. e) Restriction on Certain Changes. Unless at least 66-2/3 % of the First Mortgagees (based on one vote for each First Mortgage owned) or 66-2/3 % of the Owners other than Declarant have given their prior written approval, the Association shall not: 13.3 i) By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area (the granting of easements for public utilities or for other public purposes consistent with the intended use of such Common Area by the Association shall not be deemed a transfer within the meaning of this clause); or, ii) Change the method of determining the Assessments, or other charges which may be levied against a Lot Owner; or, iii) By act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of Lots, the exterior maintenance of Lots, the maintenance of any Common Area party walls or common fences and driveways, or the upkeep of lawns and plantings in the Project; or, iv) Fail to maintain fire and extended coverage on insurable Common Area and other portions of the Project which the Association has a duty to insure on a current replacement cost basis in an amount not less than 100% of the insurable value (based on current replacement cost); or, v) Use hazard insurance proceeds for losses to any Common Area or other Project improvements for other than the repair, replacement or reconstruction of such Common Area or improvements. f) No Right of First Refusal. The right of an Qwner to sell, transfer or otherwise convey his/her Lot shall not be subject to any "right of first refusal" or similar restriction. g) Foreclosure Eliminates Unpaid Assessments. Each holder of a first mortgage lien on a Lot who comes into possession of the Lot by virtue of foreclosure of the mortgage or any purchaser at a foreclosure sale, will take the Lot free of any claims for unpaid Assessments and charges against the Lot which accrue prior to the time such holder comes into possession of the Lot, except for claims for a pro rata share of such Assessments or charges resulting from a pro rata reallocation of such Assessments or charges of all Project Lots, including the mortgaged Lot. h) Mort!!a!!e Priority in Case of Distribution. No provision in any Project Document will entitle a Lot Owner or other party to priority over any rights of the First Mortgagee on the Lot pursuant to its Mortgage in the case of a distribution to such Lot Owner of insurance proceeds or condemnation awards for losses to or a taking of the Lot and/or Common Area. i) Leasing Restrictions. No Owner shall be permitted to lease his/her Lot for transient or hotel purposes. No Owner may lease less than the entire Lot. Any lease or rental agreement must be in writing and be subject to the provisions of the Project Documents. No Lot may be leased or rented for less than 30 days. j) Taxes Relate Only to Individual Lots. All taxes, assessments and charge~ which may become liens prior to the first mortgage under local law shall relate only to the individual Lots and not to the Project as a whole. 13.09. FHA/V A Approval. During any period of time that a mortgage on any portion of the Project is held, insured or guaranteed by FHA or VA, and as long as there is a Class B Membership, the following actions shall require the prior approval of FHA or V A: amendment of the Project Documents, annexation of additional Property, dedication or mortgaging of the Common Area, merger or consolidation of the Association with another corporation. 13.4 13.10. Additional FHA Provisions. If loans secured by mortgages encumbering Lots within the development qualify for mortgage insurance by FHA, the following shall apply: All Owners, tenants and occupants of Lots in the development covenant and agree that the administration of the development shall be in accordance with the terms and provisions of the Regulatory Agreement (FHA Form No. 3278) executed by FHA and the Association and that such terms and provisions of said Regulatory Agreement shall be fully complied with. To the extent any matters in this Declaration or in the Articles or the Bylaws are in any way inconsistent with any matters in said Regulatory Agreement if in effect, then any such inconsistent matters in said Regulatory Agreement shall prevail. The right to lease Lots in the development shall be subject to all terms and provisions of said Regulatory Agreement. In the event of any conflict between any of the provisions of this Section and any other provisions of this Declaration, the provisions of this Section shall control. Any provision of this Declaration which confers a power or right upon the FHA or the Federal Housing Commissioner and all of the provisions of the Regulatory Agreement shall be inapplicable whenever there are no Lots where FHA insures the mortgage held by any First Mortgagee. Whenever a notice is required to be sent to a Mortgagee holding an FHA insured mortgage or the approval of FHA is required, the notice or the request for approval shall be sent to the supervisor of the FHA office in which the Project is located. If FHA does not respond within 20 days after the notice is mailed or delivered, then FHA shall be deemed to have approved the request. 13 .11. Compliance with FHA/VA. FHLMC or FNMA Requirements. Declarant intends that the Project shall comply with all of the requirements of the Federal Housing Administration ("FHA"), the Veterans Affairs ("VA"), the Federal Home Loan Mortgage Corporation ("FHLMC") and the Federal National Mortgage Association ("FNMA"). All casualty and liability insurance covering any portion of the Project encumbered by a Mortgage insured by FHA, guaranteed by V A, or held by FHLMC or FNMA, shall therefore conform to the applicable FHA/VA, FHLMC or FNMA requirements. Declarant and all Lot Owners also agree that in the event the Project or the Project Documents do not comply with the applicable FHA/V A, FHLMC or FNMA requirements, the Board and each Owner shall take any action or adopt any resolutions required by Declarant or any First Mortgagee to conform such Project Documents, or the Project, to the FHA/VA, FHLMC or FNMA requirements, subject to the review and approval of the California Department of Real Estate, in accordance with applicable law, so long as the Department of Real Estate retains jurisdiction. 13.12. Waivers. A Mortgagee may waive any requirement contained in this Declaration as they pertain to such Mortgagee, provided such waiver shall be in writing. 13.13. Conflicts. In the event of a conflict between any of the provisions of this Section 13 and any other provisions of this Declaration, the provisions of this Section 13 shall control. 13.5 SECTION 14: ENFORCEMENT OF BONDED OBLIGATIONS If any Common Area improvements in the Project have not been completed prior to the issuance of the Final Public Report and the Association is obligee under a bond or other arrangement ("Bond") to secure performance of the commitment of Declarant to complete such improvements, the Board shall consider and vote on the question of action by the Association to enforce the obligations under the Bond with respect to any improvement for which a Notice of Completion has not been filed within 60 days after the completion date specified for that improvement in the Planned Construction Statement appended to the Bond. If the Association has given an extension in writing for the completion of any Common Area improvement, the Board shall consider and vote on the aforesaid question if a Notice of Completion has not been filed within 30 days after the expiration of the extension. A special meeting of Members for the purpose of voting to override a decision by the Board not to initiate action to enforce the obligations under the Bond or on the failure of the Board to consider and vote on the question, shall be held not less than 35 days nor more than 45 days after receipt by the Board of a petition for such meeting signed by Members representing 5 % or more of the total voting power of the Association. At such special meeting, a vote of a majority of the voting power of the Association residing in Members other than Declarant to take action to enforce the obligations under the Bond shall be deemed to be the decision of the Association and the Board shall thereafter implement this decision by initiating and pursuing appropriate action in the name of the Association. 14.1 SECTIQN 15: AMENDMENTS 15.01. Prior to First Conveyance. Prior to close of escrow on the conveyance of the first Lot, Declarant may amend or revoke this Declaration subject to the requirements of Business and Professions Code Sections 11012 and 11018.7. 15.02. After First Convevance. After conveyance of the first Lot, this Declaration may be amended or revoked only by the affirmative vote (in person or by proxy) or written consent of Members representing a majority of the voting power of each class of Members of the Association. If only one class of membership exists at the time an amendment is proposed, then it must be approved by at least a bare majority of the total voting power of the Association, which shall include at least a bare majority of the votes of Members other than Declarant. The percentage of the voting power necessary to amend a specific clause or provision of this Declaration shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause or provision. 15.03. Recordation. Any amendment must be recorded and shall become effective only upon being recorded in the County Recorder's Office. 15.04. Unanimous Consent for Specific Amendments. The consent of all Owners shall be required for any amendment of Project Documents effecting a change m: a) the boundaries of any Common Area Lot; b) the undivided interest in the common elements pertaining to the Lot or the liability for Common Expenses appertaining thereto; c) the number of votes in the Owners Association appertaining to the Lot; or, d) the fundamental purposes to which any Lot or the common elements are restricted. 15.05. FHA Requirements. Notwithstanding any provision of this Section to the contrary, all requirements of Section 13 entitled "FHA/V A Approval" must be met in order to effectuate any amendment or revocation pursuant to this Section. 15.1 SECTIQN 16: GENERAL PROVISIQNS 16.01. Term. The covenants and restrictions of this Declaration shall run with and bind the Property, and shall inure to the benefit of and be binding on the Association and the Owners of any Units, their legal representatives, heirs, grantees, tenants, successors and assigns, subject to this Declaration, for a term of 30 years from the date this Declaration is recorded. Thereafter, subject to the Section entitled "Amendments", they shall be automatically extended for successive periods of 10 years. 16.02. Owner's Compliance. Each Owner, tenant or occupant of a Lot shall comply with the provisions of this Declaration, and (to the extent they are not in conflict with the Declaration), the Project Documents and the decisions and resolutions of the Association or the Board, as lawfully amended from time to time. Failure to comply with any such provisions, decisions, or resolutions, shall be grounds for an action to recover sums due, for damages, for injunctive relief, or to enforce such provisions, decisions or resolutions. All agreements and determinations lawfully made by the Association in accordance with the voting percentages established in the Project Documents shall be deemed to be binding on all Owners of Lots, their successors and assigns. 16.03. Notices. Any notice permitted or required by the Project Documents may be delivered either personally or by mail. If delivery is by mail, it shall be deemed to have been delivered 72 hours after a copy of the same has been deposited in the United States mail, first class or registered, postage prepaid, addressed to the person to be notified at the current address given by such person to the Secretary of the Board or addressed to the Lot of such person if no address has been given to the Secretary. 16.04. Notice of Transfer. No later than 15 days after the sale or transfer of any Lot under circumstances whereby the transferee becomes the Owner thereof, the transfere~ shall notify the Association in writing of such sale or transfer. Such notice shall set forth: a) the Lot involved; b) the name and address of the transferee and transferor; and, c) the date of sale. Unless and until such notice is given, the Association shall not be required to recognize the transferee for any purpose, and any action taken by the transferor as an Owner may be recognized by the Association. Prior to receipt of any such notification by the Association, any and all communications required or permitted to be given by the Association shall be deemed duly given and made to the transferee if duly and timely made and given to said transferor. , 16.05. Delivery of Proiect Documents to Transferee. Prior to the transfer of title to a Lot, the transferor shall provide to the prospective transferee a copy of the Project Documents and such other documents and information as are required by California Civil Code Section 1368. 16.06. Easements Reserved and Granted. Any easements appurtenant to a Lot referred to in this Declaration shall be deemed reserved and/or granted by reference to this Declaration in a deed to said Lot. 16.1 16.07. Termination of any Responsibilities of Declarant. If Declarant shall convey all of its right; title and interest in and to the Project to any partnership, individual or corporation, then and in such event, Declarant shall be relieved of the performance of any further duty or obligation hereunder, and such partnership, individual or corporation shall be obligated to perform all such duties and obligations of the Declarant. 16.08. Mergers and Consolidations. To the extent permitted by law, the Association may participate in mergers and consolidations with other non-profit organizations organized for the same purposes as this Association, provided that any such merger or consolidation shall have the written consent of all of the Members or the assent by vote of two-thirds of the Members voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be given to all Members at least thirty days in advance, and must comply with the annexation provisions of Section 3.04, incorporated herein by reference. 16.09. Limitation of Restriction on Declarant. Nothing in this Declaration shall be understood or construed to: a) Prevent Declarant, its contractors, or subcontractors from doing on the Project or any Lot, whatever is reasonably necessary or advisable in connection with the completion of said work; or, b) Prevent Declarant or its representatives from erecting, constructing and maintammg on any part or parts of the Project, such structures as may be reasonable and necessary for the conduct of its business of completing said work and establishing said Project as a residential community and disposing of the same in parcels by sale, lease, or otherwise; or, c) Prevent Declarant from conducting on any part of the Project its business of completing said work and of establishing a plan of ownership and of disposing of said Project in Lots by sale, lease or otherwise; or, d) Prevent Declarant from maintaining such sign or signs on any of the Project as may be necessary for the sale, lease or disposition thereof, provided, however, that the maintenance of any such sign shall not unreasonably interfere with the use by any Owner of his/her Lot or the Common Area. The foregoing limitations of the application of the restrictions to Declarant shall terminate upon the sale of Declarant's entire interest in the Project, or three years after the close of the first escrow, whichever occurs earlier. Any action taken by Declarant pursuant to any provision of this Section will not unreasonably interfere with the Owners' rights and use of the Project. 16.10. Successor. The rights of Declarant in this Declaration may be assigned by Declarant, to any successor to all or any part of Declarant's interest in the Project, as developer, by an express assignment incorporated in a recorded deed that transfers any such interest to a successor or to a Mortgagee acquiring Declarant's interest in the Project by foreclosure or by deed in lieu of foreclosure. 16.11. Severabilitv. Should any provision or portion hereof be declared invalid or in conflict with any law of the jurisdiction where this Project is located, the validity of all other provisions and portions hereof shall remain unaffected and in full force and effect. 16.2 16.12. Estoppel Certificate. Within ten (10) days of the mailing or delivery of a written request by any Owner, the Board shall provide the Qwner with a written statement containing the following information: a) whether to the knowledge of the Association, the Qwner or the Owner's Lot is in violation of any of the provisions of this Declaration, the Articles, Bylaws, or Association Rules; b) the amount of regular and special assessments, including installment payments, paid by the Owner during the fiscal year the request is received; and, c) the amount of any assessments levied against the Qwner's Lot that are unpaid as of the date of the statement, including any late charges, interest, or cost of collection that as of the date of the statement are or may be made a lien against the Owner's Lot as provided by this Declaration, the Articles, Bylaws, or Association Rules. 16.13. Conflict with Proiect Documents. If there is a conflict among or between the Project Documents, the provisions of this Declaration shall prevail; thereafter, priority shall be given to Project Documents in the following order: Articles, Bylaws, and Rules and Regulations of the Association. 16.14. Headings. The headings used in this Declaration are for convenience only and are not to be used to interpret the meaning of any of the provisions of this Declaration. 16.3 IN WITNESS WHEREQF, Declarant has executed this Declaration. ,199_ DATED: JQHN S. NICQLI 16.4 EXHIBIT "A" DESCRIPTIQN QF PROPERTY SUBJECT TQ DECLARATION All that certain real Property situated in the City of Campbell, County of Santa Clara, State of California, described as follows: Lots 1 through 7, inclusive, as shown on the Map entitled "Tract No. 8922" , filed for record , 19 , in Book of Maps, Page _, Santa Clara County Records. EXHIBIT "A" 16.1 Apr-~2-97 10:0BA John c~ ~ ~ "1 ~ N;~ . icol; 415' 3 9721 P.02 SECTION 5: ~INTE.NAN~ OBLIGATIONS '.01. Msociation M~inll:IWJCe ObliulioDs. Tbe Association shall be respousible for ainbifttnc the following in good. coudioon IDd repair: a) Common Area. tmDrove1J&P. The AssociatiOll 5ball mainwn Of provide fot the maUaaaDCe of all Common Area improvc:meDCS. including bur not limited. to. repair. JeCOIJlitruction IIId sweepiq of die privace drive mrfIc:e. draiDage facilities. and utility larerals l~ab::d wilhin the Common Afta to the extent $\JQ1 laterals arc not mai1u:lincd by any private or public udllty provider. b) Fire District ReauireIIars. The Association shall be responsible for l'Mi~inil\g all sips. curb marting. and other notices regardiDl DO parkiag witbiD the Cammon Area in or~r to provide for fire-fightiae accns by me Fire DQtrict. City of Campbell or other apncy . c) Drivewav. The Associarion sba11 be respouaiblc: for repair. tecO~truction IUd S'NeepiDg of tJJe ~1e driveway servin, the individual lot up to the exterior \liaI1 of 1be Silage. ~~ d) P'\Iblic Ri-Jllt otWay ImnmVl!l'nRftu., The Associaiton sball mainllin. repair. and rcconsttuct all hardscape in the public riglu~f-way up to the back of the curb. e) PlaDring SaiD MaintM!~. The MsociatiOD slIaU ~DWn the landscape saip aloD& the emnJJCe of the project located between BuckD311 R.o.1 and sidewalk. The Owner of Lots IIDd 6 shall be responsible for watering die Im:bcape iq)rovcment on thai portion of the P1lDriD, strip ulj.:eDl fa their 10[$. f) '.2""___ Pem.."dy. The Auoc1aUon sIWll'ftltinmn the W1dscapial aad fIt;aciq withiJa the J~"'~ pcnlnaulas located betWeen Lou I and 2. Lots 3 1D44, and LoIS 5 and 6. Each ot tIae above 19t OWDCn shall be mpoasible fOr watering all pcninsuli I~tf~ u.~ lying.-ithin dlck lot. If any of me maiutenance or repair ffOrk refcrm1 to above is nct%S3iW2d by rhe wiWW Of qUleJn acts of the Owner. hiJlber Camily. pestS Of iuvi~. the COSt5 of such special restoraticn or repain shall be char,e&ble to the Owner as provided in Section 8_ e '.02.. OvnJen' Mainr~~ Oblil[ations. ~ as provided above. each Owner 5hall be responslb1e tor maiDraiDioc in good condition IDd repair hislber Ullic IDd Lor. iDcluding all i~rovemcu~ iDl1 bndIcIpiag daereon. If an Owner fails to matlmi'l bislher Lot or wiler 11DC1!C3pC improvemems as provided DereUI ill a JDII1nCT whicll the Board reasoaably deems neceswy fa pmerve tbe safety. appcaraDCe mdlor value of the Project. d1e Baud may notify t!:Iie O-oer of rile work requi~ and requesl daae it be done within I rasoable IUd specific period. If the Owner bill to perform such UII~ lI3dIor n:.pairs within said period. the Bo-m shall. subject to the notice and hearing ~ sa forth in the Bylaws. have die rigbt Co enter upon the LOl to (;aUK sudl mainleaance m:IIOJ' n:pair work: to be ~rformed. COJt of any such repair or maiJlImance slWl be char,cd to the Owner tlnougb an Iodividual Owp as pTOVic1ed in Section 8 hereof. NOlWiWaudiAg the fore,oing, in me event of an emcrleDl:Y .,;siDg out of the failure of III OwDer to main12in bislher Lot. me Board !ball ba.,e die rip[, tbtough its lIencs and employees, to imJ'1'1t'lfiately en~r che Lot Co ~ dtc enJerJcncy and individually cbarge the cost &hereof to such Owner. S.I TUTAL P. O"~ Apr-02-97 10:0BA John N;col; 415 96B 9721 JOHN S. NICOLI GENERAL CONTRACTOR 19111 Colony Street Mt View CA 94042 Fax Cover Sheet DATE: April 2. 1997 TIME: 10:15 AM ATTN BARBARA RYAN PHONE: 408 886-2193 City of Campbell FAX: 408 866-8381 Jackie Nicoli PHONE: 415 968-9706 FAX: 415 968.9721 Re: Bucknall Estates TO: FROM: RE: MESSAGE: Received your message, Jim worked out the following which Is my understanding of what we had agreed on. Please review and \'11 give you a call shortly to see if you agree. Jim and I tried some of the other scenarios John wanted. but I think this is the most emcient. P.Ol () ... o ~ -: :> !. ~ cQ' Cl :l 'ct/ ~ ~ 11/?' ~ fer . j "'-Gl :> / \.. , / f Ql 0.. //....1 ... ~/fl. ;;-, 0.. fs. I ~'/ " -t ~I/ I J~'~'/ // ; / I ( g' ~. ~ I :> !,' ,'. 4. ~ hr'I:, v . ~ ~ 1 .,... (Jl l' ,_ ~ :l I ..~ C 'I I CT--- 0 /g. ,:;, /' \~"" g lj ~ ~ f~,/~~ -~'~) ~ Wi;' ( ~ ~' ~ '. '--V i.- :tl 0.., / _ I.' f') / .. '" 1lI '_, , /~ ''':.,. ;: /.' E 'i 'i: ;;: ~ o - X ~ I 0 .1 - ! ,__ 3 ' < I,"" ';>> 7 ~_2. 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AMT PAID _0013666510_ BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE j:j 002 4/09/1997 2: 18 PM (Space Above This Line For Recorder's Use) AGREEMENT THIS AGREEMENT (identified as Tract No. 8922 and EP 96-246) made and entered into this I '-\ day of fJ\ ~~c. \~ , 19~, by and between ::')'b \--\ ~ ~ . N \ ~ c> L \ , hereinafter referred 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 September 17, 1996, the City Council per Resolution No. 9135 granted conditional approval of TS 96-01 for that certain real property shown in Exhibit A attached and incorporated as though fully set forth herein, and commonly known as 1681 Bucknall Road, 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 Application; 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 Campbell Municipal 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. 9001, as adopted by the City Council on June 18, 1996, 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 an 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 oQ.e (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. (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 deposits or filed such bonds and entered into such agreements. 2 (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 Qwner 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 neglig'ent or intentional act or omission (including misconduct) of said Owner, or his successors, or any subcontractor, or anyone directly or indirectly employed by him, or anyone for whose acts any of them may be liable in the course of performance of the Agreement. The Owner, and his successors, shall also indemnify, defend and hold the City of Campbell, and its agents, attorneys, employees, officers, officials, and assignees harmless against and from any and all claims, demands, liabilities, losses, lawsuits, judgments, damages, costs and expenses (including, but not limited to, attorneys' fees and court costs, whether incurred at trial, appellate or administrative levels) which the City of Campbell may incur or suffer, or to which the City of Campbell may be subjected resulting from the failure of Owner, or his successors, or his agents, employees, subcontractors, or anyone performing services under him, to fulfill any of the obligations imposed under this Agreement. (16) It is acknowledged that the provisions of this Agreement constitute covenants for the improvement of the subject real property for the mutual benefit of Owner's property, commonly known as 1681 Bucknall Road and the City's property, commonly described as Bucknall Road where they adjoin 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. 3 ( 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 I fees and court costs. (19) This is the entire Agreement between the parties, and there are no representations, agreements, arrangements or understandings that are not fully expressed herein. (20) This Agreement can be executed in counterparts by the parties hereto, and as so executed shall consist of one agreement, binding on all the parties. (21) Owner shall construct street improvements per preliminary plans, which are subject to approval by the City Engineer, prepared by Kier & Wright, Civil Engineers and Land Surveyors, 'Inc., for Tract No. 8922. IN WITNESS WHEREOF, said City has caused its -name to be affixed by its Mayor and City Clerk, who are duly authorized by resolution of the City Council, and said Owner has caused his name to be affIxed the day and year fIrst above written. CITY OF CAlV1PBELL -d~~9~ h:\landdev\1681 buck(mp )wd 4 .... 01 01 W - ~ jE ~ ~ z ~ in 0\ w ~ ~ i ~ ~fl ~:: ~~ ei .-1;1 o z Cl.~ N i II Z ~ ~ ~ ~ ~ .ell ~~ ~~ ~ .,.lli ~ ~o _ ~ !j' to) oD ~~ ~.. tl..1 < i! Og I ~ u = ~ ~ E-t ~ ~ ~ II~ i" Iii .1 'Ii III .'1 .ii lliI IFil . II!! · i'l . h.. · g -- - -- ------ ~~) -----------. .....--- ~ a It) ',1 \~ \ I. I I ~ = I' ~! ~ i, ~I Ii , \ i 1\ I ~ \ I I~ ~ ~I a ~!. Id < ~ H ~ H == tl ~ I . li I J~; .11 ! II~ III i ! '! I & I! i' t! . I ~ IS Si II · Ih 1~lnhil! II~~I I~ II.il.. x I ~ \\' I ~~5 . Ja ..... . I JaJaJa .1 U~ III ~ !l!::; II- :t ... o ... . I C\t I!s C\t I 2 .b :i: - - \ \ \ l ",- BMIG - ---..oJ~ t .."- .il ( i '!ill I i ~l t. I -+~'!~~--.:t.~ · (IOJ; HO LLiIO .LIYAH.UIY8ItU:1He .:10 IGNY'I ~ ~ County ot J On betore me. CAre IWotE. TITlE 0# O#FiCEA . E G '.w.E :leE, NOTAAY I'UIlIe' personally appeared NAMEISIOl' SIGNeAISI 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 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. Witness my hand and oHicial seal. SIGNATUIU! Of' I'<<JTAAY o INDIVIDUAl/S) o CORPORATE OFFICER/S) TITlE 5. o PARTNER/S) o ATTORNEY.IN.FACT o TRUSTEE/S) o SUBSCRIBING WITNESS o GUARDIANlCONSERVA TOR o OTHER: SIGNER IS REPRESENTING: NAMe Of' I'EASON(S) Oft ENTITYIIESI A TTEHnoH NOTARY: Although I/le in/orlNUon requ.sted below IS OPTIONAL, it could p'.v.na "~na .1I4lC/Vrlent oIlhla c:.ndical. 10 unaulllonzed docum.nt. l THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type 01 Document Number 01 Pages Date of Document Signer(s) Other Than Named Above .0 ._.,.,. . '..'--- ALL.PURPOSE ACKNOWLEDGMENT ~~~~~~~~~ Stale of (\"\~i-R,:r V\ "\ Cl } CAPACITY CLAIMED BY SIGt County of S~, Y\~\. C- \ 0 fCi 0 INDIVIDUAl(S) } 0 CORPORATE On '3 \ l ~ q7 before me, ~ OFFICER/S) CATe ~S ;,,\, Y'I S , personally appeared NAMElSIOF SIGNEAeS) o personally known to me ...:OR . ~roved to me on the basis of satislactory evidence . to be the pSi'son('a.) whose narne(~ isiaF& subscribed to the 'w"ilhin instrument and ac- knowledged to me that he/she/thay-1txecuted the same in his/A-er/their authorized capacity(~and that by his/her/their signature~ on the instrument the person(~ or the entity upon behalf of which the per ~ acted, executed the instru ent. ) ~ / Witne 5 iJ hand and 0 eal v f/J1.~ ~____.-L' _..""'___,""""'--'<-.__ ~ / ~:;~9; "~ TITle'SI o PARTNER(S) o ATTORNEY.IN.FACT o TRUSTEE(S) o SUBSCRIBING WITNESS o GUARDIANlCONSERV A TOR o OTHER: SIGNER IS REPRESENTING: twoIE OF I'EASON(SI Oft EHTlTYllESI THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: ATTENTION NOTARY: A1ltlough 1tl,lnlormalion requested below is 0 I AL. it could p'.....n1Ir.udu..nt inolChment ollhis certllQI. 10 ullolUl/lOIIZed doc:ulTlllnt. / Title or Type 01 Document Number 01 Pages Signer(s) Other Than Named Above Date of Document ES )W OFFICE: ALL-CAL TITLE COMPANY 901 CAMPISI WAY, SUITE 100 CAMPBELL, CA 95008 (408) 559-3424 AII-Cal Title Company PRELIMINARY REPORT - ~~y tf; Issued for the sole use of: John s. Nicoli 181 Tan Oak Drive Scotts Valley, CA. 95066 Our Order No.: 01088674 WHEN REPLYING PLEASE CONTACT: Escrow Officer: BILL MAGLEBY Title Officer: MARION MILLS BUYER/BORROWER NAME: JOHN NICOLI * ALBERT KEITH PIERCE * THOMAS SWEENEY * PROPERTY ADDRESS: 1681 BUCKNALL ROAD CAMPBELL, CA 95008 In response to the above referenced application for a policy of title insurance, AII-Cal Title Company hereby reports that is prepared to issue, or cause to be issued, as of the date hereof a Policy or Policies QL Title Insurance describing the land at the estate or 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 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 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 FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY 1S 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. CL T A PRELIMINARY REPORT (Effective 1-1-95) SCHEDULE A Order No.: 01088674 Dated as of: February 05,1996 at 7:30 A.M. The form of policy of title insurance contemplated by this report is: CLTA STANDARD COVERAGE POLICY - 1990 The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: STEPHEN S. HORVATH AND ROSE MARIE HORVATH, husband and wife, as Trustees and Trustors U.D.T. October 16, 1992 The land referred to in this report is situated in the State of California, County of Santa Clara, in the Ci ty of Campbell and is described as follows: J ~ .- ~~egi:l..'"l:':"lg at a point in the '.\onument line of Bucknall Road at the Southeasterly corner of that tract of land described in the deed from Francis A. Gonsalves, et ux, to Della May Garthwait, dated March 31, 1949, recorded April 22, 1949 in Book 1776, Official Records, page 446, Santa Clara County Records; said monument line being a line which is parallel with and distant 22.00 feet Southerly measured at right angles from the Northerly line of BuclClall Road, as the same originally existed; thence running along said parallel line N. 88 degrees 29 minutes E. 110.00 feet to a Southwesterly corner of Tract No. 2991 Quirked Plaza, Unit No.2, a map of which was filed for record in the office of the Recorder of the County of Santa Clara, State of California in January 11, 1962 in Book 142 of Maps, at page 4; thence running along a Westerly line of said Tract No. 2991, N. 0 degrees 29 minutes E. 200.00 feet; thence leaving said line and running parallel with the said monument line of Bucknall Road S. 88 degrees 29 minutes W. 110.00 feet_ to the Northeasterly corner of land so described in the deed to said Garthwait; thence along the Easterly line of land so described in the deed to said Garthwait S. 0 degrees 98 minutes w. 200.00 feet to the point of beginning, and being a portion of the Quito Rancho. CLTA PRELIMINARY REPORT (REV. 1-1-95) Order No. 010886' SCHEDULE B At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions in a Policy of Title Insurance are as follows: 1. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1995 - 1996 1st Installment: 2nd Installment: Penalty: Cost: Exemption: Code Area: Assessment No. $ 1,287.10 Paid $ 1,287.10 Open None o $ 0 10-046 403-36-089 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California. 3. Rights of the public, if any, over that portion of said land which lies within the bounds of Bucknall Road. Nt "''::'E; . 1. There are no conveyances affecting said land recorded within two (2) years of the date of this report, except the following: NONE 2. According to infQ~~tion received by this office the buyer(s) of the herein described property is/are: John Nicoli, Albert Keith Pierce, Thomas Sweeney We will require a statement of identity from said buyer(s), which may allow us to eliminate certain matters which may affect their title to said property. We will be unable to issue our title policy under this order number unless the statement of identity is submitted to this Office at least 72 hours prior to recording. NSTR ARB: 403-36-089 mm/th PROOFED: th SCHEDULE B CLTA PRELIMINARY REPORT B B I ~T"\. W I 3 .f.. e i. I d 11:: '''-4 ; 1 ,01 I "'~ III ~..J '" oct '" :z:Z - '" z~ ~.. ~u I z 1-0:;) "'''lD :; 3 1 :~~ .. 1:... I J. I ~:i~ ~. : ...; i := j!:-....'!-~: · i i ! I 3 : ~:-l-~~ : .~M~r~~ c 1=" s:a ~ r I "~1lI i :: ~--\'i-'k-'. , a! fj~~. 12I R. I... -If' Ii. N I _ ! !lit ...~..:: ~.. I 1 II ..... 'ill ~ ~.,. ~ ...1" 1.\. II n ~ 00'"'" m ... ::> i ~ .... ..... UI III IL 2 ~ v I i@ ~ ~ ,. 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J: .';_ ."1 Jot I '" ClI ~~:r ..., '" ~/ Ie .. " .. "2o'lto-, ~ ,., ... 3^'tlO r-- G ~ \ CoO-c ">. lacc:c: := <<I <<I ~ .to en- :<,,'1_ 0 ',Si! Q) >- Q)c ~.5~ ~ ... ... ~g~2:? >- - t'lI-cB>- .- c~ "'C'OQ) oo...-c c_Q)Q) -'.,)~e c..;_::;, -a, c.&: ~ .S! _ ... <<I ii:i u. :> c.- lUco>o- 011)_ -S u ...._ - .., Q) '.a OJ .&:'li C ="i":,;: f . ~'Z-1a 0 g en Q) u:Z: Q) .- ai =6 . ~ ~ec-o.&: lsi "~ ~ ~ B .!::! ~.!J :u. ~ - 'S .c .- ~:;.8'5~ : .......... :II~ .I~= i.. :a IH' ..A Ij~~ lia w -!te i'.s CLTA Preliminary Report Form EXHIBIT "A" (Rev. 1-19-91) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLlCY-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, attorney's fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulations (including but not limited to building or zoning laws, ordinances or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy I 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 encumbrances resulting from a violation or alleged violation affecting the land has 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 know 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 has paid value for the Insured mortgage or for 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 the applicable doing business laws of the state In which the land Is situated. 5. Invalidity or une.'lforceability of the lien of the insured mortg~ge, or claim thereof, which arises out of the transaction evlde.lced 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 of Interest Insured by this policy or the transaction creating ~!le interest of the insured lender, by reason of ~hb o".o17ticn of federal bankruptcy, state insolvency or similar creditcr's right.'t Iilws. ...... ,-.. .:;,:;.... f# .... EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART I to This policy does not insure against loss or damage (and the company will not pay costs, attorney's fees or expenses) which arise by reason of: PART I 1. Taxes or assessments which are not shown as existing liens by 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 resultin-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 Inspections of the land 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), 9b) or (c) are shown by the public records. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not Insured against loss, costs, attorney's fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation, this includes building and zoning ordinances and also laws and regulations concern: . land use . land division . improvements on the land . environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at policy date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. (List of Printed Exceptions and Exclusions Continued on next Page) Page 1 EXHIBIT A (CONTINUED) 2. The right to take the land by condemning it, unless: . a notice of exercising the rights appears in the public records on the policy date . the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: . that are created, allowed, or agreed to by you . that are known to you, not to us, on the Policy Date unless they appeared in the public records . that result in no loss to you . that first affect your title after the Policy Date . - this does not limit the labor and material lien coverage In Item 8 Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: . to any land outside the area specifically described and referred to in Item 3 of Schedule A or . in streets, alleys, or waterways that touch you land This exclusion does not limit the access coverage in Item 5 of covered Title Risks. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH AL TA ENDORSEMENT-FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH AL TA ENDORSEMENT-FORM 1 COVERAGE 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, attorney's 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; (il) the character, dimensions or location of any improvements I\CW or hereafter oIrected on the land; (iii) a separation in ownership or a change in the dimensions or area of th& land or any parcel of which the land is or W'dS a part; or (iv) environmental protections, 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 encumbrances ~esulting from a violation or alleged violation affecting the land has been r!Jl~f:I(c.-.r.t :1'1 the public records at date of polley. (b) Any governmental police pewer not excluded by (a) above, except to t1~e extent that a notice of the exercise thereof or a notice of a ~:&" ui eii,-..;T.~ ~nr:~ lil~uhlr.~ irc.mli'vl,;;l&ti..,1 ..I' l!1!8g8~ vloiatlon .::ect:,ig tift> :and has beer: !'""eorded:1'\ the pUDii,~ roc..;rds at ~tc. .,{. ~:k.i'. 2. Rights of emir ~nt domain unless netlce of tne exercise thereof has been .'1tcorde~ in tho': public records at date of policy, bl ; 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) 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 (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for serviceS';' labor or material or to the extent insurance is afforded herein as to assessment for street under construction or completed at date of policy); or <e) resuiting in loss or damage which would not have been sustained if the insured claimant has 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 polley, 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 of priority of any statutory lien for services, labor or materials over lien of the insured mortgage) arising from an 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 which at date of policy the In.",ured has 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 or federal bankruptcy, state insolvency, or similar creditors' rights laws. . The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage the Exceptions from Coverage in a Standard Coverage Policy will also include the following General Exceptions. (List of Printed Exceptions and Exclusions Continued on Next Page) Page 2 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay cost, attorney's 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 by making inquiry of 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. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY 10-17-92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) 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, attorney's 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 improvements now or hereafter erec!.ed on the land; (ill) 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 protections, 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 encumbrances resu:ting from a violation or alleged violat.'oo affecting the land has been recorded in the public records at date of polley. (b) Any governmental police power not excluded by (a) above, except to the extent that a nctl~e of the exerc!3e thereof or a notice of a lien "r em:t:rr.~nonc!" resultl"9 frrrn a vh:,i;ttion "r a~lcged vioI3t'(\~ CtfNctlr!'1 t~ land hll! !)foen p'I't)rcied in the public reco~ ilt ~at') nf polley. 2. Rights of eminent domain unlesr. notice of the 1ixerc.i$e there..! has been recorded in the pubiic record,. =t 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) 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 has paid value for the estate or interest insured by this policy. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage the Exceptions from Coverage in a Standard Coverage Policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay cost, attorney's 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 by making inquiry of 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. Page 3 Of' c."tif !o.,4.~' p~~ ... r' U r- . ,'. '" . "- -So <. ~. ,-,' oJ/c H' Ill)' , (' l"lJ~ ~ )- #\v ~ ~fO'O V Q)~ \: / .~ y.Y " '::, ,rl)J 'uP' rill- CITY OF CAMPBELL Public Works Department February 28, 1997 Mr. John Nicoli 181 Tan Oak Drive Scotts Valley, CA 95066 Subject: 1681 Bucknall Road, Tract 8922 Agreement, Bonds, Fees Dear Mr. Nicoli: Enclosed please find the agreement and the bonds to be executed and returned to the City for review and acceptance. The bonds are in the amount of $38,600. The fees due are as follows: 1. Plan Check and Inspection Fee, $4,632.00 2. Construction Cash Deposit, $1,544.00 3. Storm Drain Area Fee, $1,011.00 4. Monumentation Security, $2,500.00 Please call me at (408)866-2163 if you have any questions or comments. Very truly yours, aL~[L~~x~ Cruz S. G~' l) Assistant E~gineer ,,,/ Enclosures cc: Harold Housley, Land Development Engineer Michelle Quinney, City Engineer H:\ WORD\LANDDEV\ 1681 BUC2(JD) 70 North First Street' Campbell, California 95008.1423 ' TEL 408,866'14iW' W~~d{,#257:2 . TOO 408.866.2790 ~8-376.0958 CITY OF CAMPBEll Date: May 2, 1997 TRANS MITT AL FROM THE PUBLIC WORKS DEPARTMENT TO: John Nicoli 181 Tan Oak Drive Scotts valley, CA 95066 FROM: SUBJECT: Harold Housley, Land Development Engineer 1681 Bucknall Road, Tract 8922 We are forwarding the following: Fullu recorded Agreement between John Nicoli and City of Campbell. Remarks: Of' c."oit !..4.'~ .o~tt'> ... \"" U l"" . . " .. -s. ... ~. c,' O.tCHA"O' CITY OF CAMPBELL Public Works Department April 21, 1997 Mr. John Nicoli 181 Tan Oak Drive Scotts Valley, CA 95066 Subject: 1681 Bucknall Road Tract 8922 Park Impact fees Dear Mr. Nicoli: Attached is a receipt for $26,381.25 for the payment of the Park Impact fees, receipt no. 010000101555 dated April 21, 1997, for your records. Please call me if you have any questions or comments. Very truly yours, Enclosure H:\ WORD\LANDDEV\ 1681BUC3Gd) 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.376.0958 . TDD 408.866.2790 PUBUC WORKS DEPARTMENT RECEIPT P><S-t ~ \I'--'( \. " ~ ~ ..~ '2.4<:- Effcctive July I. 1996 TO: City Cieri; PUBLIC WORKS FILE NO, -rb- . ce:,.~' ~~ PROPERTY ADDRESS \ 0?-J\ e \) c..\L~l --L Pleasc coUcc:1 &: receipt for the following monies: ACCT. ITEM ....... I .. . d. 43l.l3H921 Proiect Revenue (specify project) S ENCROACHMENT PERMIT 4722 Application Fee Non.Utiliry EncroIIchment Permit (S22l) R-I Fin! Permit (No Fee). Subsequent PermitIYr (SlOtI) Utility Encroachment Permit Arterial/Collector Street (SJ2l) Residential SlreellOther Area. (Sm) 2zn3 Plan Check Deposit - 2~. of ENGR. EST. (S~(}(J min) . 2203 Faithful Performance Security (FPS) (100% of ENGR.EST.) . 2103 L.abor Jnd Materials Security (IIX~/.ofENGR. EST.) 22113 Monumcntation Security (101)>-1. ofENGR.EST.) . 2103 Cash Deposit (41'. ofENGR.EST.)(SlIXI minIS I OJlIJ() max) . Plan Check &: Inspection Fee (Non-Utility) 4722 Engr.Est. < S2'O,OOO (121'.ofENGR. EST.) " 2203 Engr.Est.>S2l0,()(J() (Deposi. 81'. of ENGR. EST .lS3t1.()(J() min,)" . 4722 Utility < SlOO.nOO Minimum Cha~c Per Location (SI20) ConduitslPipclines up to 500 Fccl (SL60/R) Above SUO Feet (Sl.IO/R.) ManholcsNaultsIEtc. (SlOl/..) Pole Set/Rcmoval (SlOl/..) Street Tree PlantingIRcmoval (SlUl/lnlc) " 2203 Utility> Slno.noo Actual Cost + 20-/. .. . H22 Street Tree Planting/RcmovaJ Penn it (SlOl) 4160 Project Plans & Spcc::ifications Project No. 47611 Standard Specifications & Detail, (SllPg S12IBook) 4760 Copies of Engineering Maps &: Plan, (S.lO/sq,R.) 4722 Penalties: F:1ilure to rntore public improvements (Sl()()/C.alcndar Day) (Muni Code Section 11.34.010) 4722 Penaltics: Failure to correct unsafe conditions (SIOO/Calendar Day) LAND DEVELOPMENT 4722 Lot Line Adjusunenl (SllJ()) 4722 Parcel Map (4 Lots or Less) (S1.060 + S2llLol) 4722 Final Troct Map (5 or More Lots) (SI,380 + S2l/Lol) 4722 CertificalC of Compliance (Sllll)) 4722 Certific31C of Correction (S3fHI) 4722 Vacation of Publie Streets &: Easements (SlIO) 4722 Assessment Sc~regation or Reapportionment First Split (SllO) EDch Additional Lot (SI7f1) 4721 Stann DroinOlge Arca Fee Per Acre (R-I. S2.0IHI) (Multi. Res. S2.210) (AO Other. S2.l()(') 492f1 POlri.:IOlnd DedieOltian Fee 496l Postage TRAFFIC 472H Intcrsection Turn Counts (Two.Hour Counl) (S60) 4728 Intersection Turn Counts (a.m. or p.m. peaks) (SI2l) 4728 Trame Flow MOlp (Daily Trnffie Volumes) (Sm 4728 COlmpbell Troffic Modcl (Full Scope Assessmcnt) (S2.2l0) , 4728 Campbell Tramc Model (Reduced Scope Assessment) (S740) 4271 Truck Pennits (S3l/trip) 4728 No P:nking Signs (SI/each or S25/11)()) OTHER P"J':> (""'2- ~ -=: - 'l-C-... ~ i'a_\ '7~ TOTAL sz.c. ~c;k.l . 2..~ NAME OF APPLICANT NAME OF PAYOR C'-+L-~ T'\Lc..~ PHONE -z. ot '2 - 4. --z- t"'Z- ADDRESS ~I c2) \AJ.. -r1":::.~1 --- <:::;:;:r ZIP q~ Lit""? """':>~ ~ <::::r'">~ I ~ ..... . .. Actual Cost Plus 20'"1.. Ovcrhead CNon.lntcrest bearing deposit) Dale lOI :;55: RECEIVED APR 2 11M7 CITY ClERK'S OFFICE FOR CITY CLERK ONLY RECEIVED BY '"For Pl.an Check. and Cash. Deposits. send yellow copr to rmancc; h:\rccfnn4(e:<.c)mp(rcv 1/2/97) ~ t\T"!"V nr r'.^Mt:.'::,r~ i r"l l.rJ./; '..ii...r:.ii. ........l-, ;",n REC~:D BY; .]ANH PArOR: CHICAGD TIT~: ---"'~- -.-- j ;IJj~f":";: !it:;,!;.. ~ : '.,J.., j; ...- ..';' '- .. ...,,........,. "'--'-. ...~....-~ .", . . . . . . - .. r'..!:.:.:i.:: ::.:-. ;.;~~:. fi;:'r-~T;17TnN ';"'':''';';..;:...: ; ...101;; ;:!';!WNi ; ,~._.,. : ...... J..... ,.., ~ \.... ........... 'T...., or.,."" I ,....,. ~~K~LH~il Yt~lL~i!U~ ~: ---.. ._-.- f i; I';'! !:!:~ ~ . " . ... ."".. r'\l,r-;-.;t j.... ":"';".. \,,;i!.:., i, i Mlii. s:;.,38:~~: '-';..1;;'~; f..i;-~~ :~:-::i t~ti,l~;-i~ "0.1:1,-....;', ','"". '-II-";' '. -.'....."J, ...-..--...-.....- i ... r~iii'-i..;r ::; . -..- _. '-.. ..~." ........ ~- :: ~-..' ;-" .,. -. -...------ r.;iA;.Ij"'.;- .. :....jjhi.'C: ~ ...~,.."... "...-- . ." - , .. -..'''' ...,:' ~'.. '..!'.}..:. ',: ':':,..' ...,,-' <I ~ ~ 1\ -.. .... - ~ ; ~0,' ...!.~;. ~ ':,,_ f: 'j;~.. ~::'i )i:; ~~ RESOLUTION NO. 9135 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL, APPROVING A TENTATIVE SUBDMSION MAP, FILE NO. TS 96-01, LANDS OF MR. AND MRS. HORVATH, APN: 403-36- 089, ON PROPERTY LOCATED AT 1681 BUCKNALL ROAD After notification and public hearing as specified by law on the application for approval of a Tentative Subdivision Map as referenced in the above heading and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows, with respect to File No. TS 96-01. 1. The proposed subdivision of 6 residential lots, results in a density of 11.9 units per gross acre. This density, when averaged with the other Medium Density projects in the area, results in a Medium Density area of 14.4 units per acre. This density is consistent with the medium density residential land use shown on the Land Use Element of the General Plan. 2. An initial study was prepare for this project and no significant impacts wen~ identified. Based upon the foregoing findings offact, the City Council further finds and concludes that: 1. The proposed subdivision is consistent with the General Plan. 2. The proposed subdivision does not impair the balance between the housing needs of the region and the public service needs of its residents and available fiscal and environmental resources. 3. The design of the subdivision provides, to the extent feaSlole, for future passive or natural heating and cooling opportunities. 4. No substantial evidence has been presented which shows that the project, as currently presented, and subject to the attached conditions, would have a significant effect upon the environment. THE' FOREGOING INSTRUMENT IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. BY DATED city Council Resolution No. 9135 TS 96-01 - 1681 Bucknall Road Page 2 Based upon the above findings, the City Council does hereby approve this map subject to the Conditions of Approval attached hereto as Exlnl>it A PASSED AND ADOPTED this 17th day of Sept. 1996, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Burr, Conant, Watson, Furtado, Dougherty COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None APPROVED: /) // ~ ATTEST: C~, . Anne Bybee, City Clerk EXHIBIT A CONDmONS OF APPROVAL FOR FILE NO. TS 96-01 SITE ADDRESS: 1681 BUCKNALL ROAD APPLICANTS: JOHN NICOLI AND TOM SWEENEY The applicants are hereby notified, as part of this application, that they are required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified. Additionally, the applicants are hereby notified that they are required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California that pertain to this development and are not contained herein. PUBLIC WORKS CONDITIONS: 1. Public Street Tmprovements: Prepare plans, pay fees, post securities and provide insurance as required to obtain an encroachment permit to construct public street improvements, in accordance with the City of Campbell's Standard Specifications and details, on Bucknall Road at Weston Drive, as required by the City Engineer prior to issuance of building permits for the site. Public street improvements shall be prepared by a registered civil engineer licensed in the State of California, and shall include the following: A. New curb and gutter with curb face at 20' from centerline. B. New pavement to centerline of required right-of-way plus an additional distance of about 2' to 4' to conform to existing pavement elevations based on a Traffic Index of 7.5 and an R value provided by a qualified soils engineer. C. New separated 5' sidewalk on the north side ofBucknall Road. D. One new public street light. E. New residential driveway approach. F. Landscape and irrigation system for street trees and landscaping in the parkway. G. New centerline striping and stop sign for traffic exiting the private driveway onto Bucknall Road. 2. Completion of Public Street Tmprovements: Prior to approval of occupancy for the site, all public street improvements required by the encroachment permit must be completed and accepted by the City Engineer. 3. Right - of - Way Dedication: Provide right-of-way dedications as needed for a 30' half street prior to recordation of the Final Map. Conditions of Approval for TS 96-91 1681 Bucknall Road Page 2 4. Underground Utilities: Install new on-site utilities underground per Section 20.36.150 of the Campbell Municipal Code. Provide evidence from all utility companies that the proposed houses can be setved. Comply with the plan submittal, permit and fee requirements of the utilities associated with new or modified service connections. 5. Grading and Drainage Plan: Prior to issuance of any building permits for the site, the applicant shall prepare construction, grading and drainage plans for and conduct hydrology studies, as necessary, to determine the adequacy of the site drainage. Proposed plans and studies shall be submitted to the City Engineer for review. All storm drain runoff shall be collected on-site and conveyed underground to the City's existing storm drain system using 12" minimum pipe. The drainage study shall be based upon a 10 year storm frequency. 6. Storm Drain Area Fee: Prior to issuance of any building permit, the applicant shall pay all unpaid storm drain area fees. The current fee is $2,000 per acre. 7. Final Map: Prior to issuance of any building permit, the Final Tract Map shall have been approved by the City Engineer and recorded. The Tentative and Final Maps shall contain: A. A Lot "A" for ingress, egress, drainage, Public Utility Easement, and related improvements to serve the development; and B. ''lot to lot" easements as necessary for drainage. The submittal for City Engineer approval shall also contain: A. A current Preliminary Title Report. B. Non-interference letters for existing easements and utilities. C. Security guaranteeing the cost of setting all monuments as shown on the Final Map. 8. Covenants. Codes and Restrictions: The Covenants, Codes and Restrictions shall be submitted for review by the City Engineer prior to recQrdation of the Final Map. Conditions of Approval for TS 96-91 1681 Bucknall Road Page 3 9. Management and Maintenance Agreement: Prior to recordation of the Final Map, the applicants shall furnish and record an agreement for maintenance and management of the project. The agreement shall demonstrate that the project will be maintained in accordance with the intent and pwpose of the approvals, and shall provide for the ongoing financial responSl'bility of the Homeowners Association for maintenance of the common areas created by the Final Map for the life of the project. The agreement shall include provisions for maintenance of the landscape and irrigation system in the public right-of way. The agreement shall also contain a Consumer Price Index (CPI) for fee adjustment, which shall be incorporated into the Covenants, Codes and Restrictions for the project. 10. Utility Connections: Coordination shall be made with the City of San Jose for all utility connections. 11. Soils Rq>ort: A soils report for the site shall be provided which has been prepared by a qualified registered geotechnical or civil engineer. PLANNING DEPARTMENT 12. Approved Project: Approval is granted to construct a 6 unit detached residential planned development project. The building designs shall substantially conform to the exhibits listed below, except as may be modified by the Conditions of Approv~. A. Site and building plans prepared by Bruce Johnson, dated July 1, 1996 (w/July 23 modifications). 13. Landscaping: The applicant shall submit a landscape, paving and irrigation plan for approval by the Site and Architectural Review Committee, prior to issuance of building permits, addressing the following: A. Preparation of a landscape plan consistent with the Water Efficiency Landscape Standards, including replacement for 51 trees. B. Landscape Bond or Agreement c. Driveway Pavement: Driveway pavement to be divided into distinct areas by alternative pavement treatments. D. Walkways, porch, planter boxes/edging and driveway to utilize brick to match that shown on the houses' bay window foundations. Conditions of Approval for TS 96-91 1681 Bucknall Road Page 4 e. Ivy/fence Protection Plan: A plan for the protection of the ivy and chain link fence along the west property line, from 15' back from the new front property line to the beginning of the existing wood fencing" shall be submitted and implemented. In the event that the ivy and/or fence is damaged, it shall be replaced by a solid" wood fence of the design indicated on the approved plans, and shall be landscaped with ivy or a vine. 14. Fencing: A fencing plan indicating location, height, and details of the fencing shall be approved by the Planning Department prior to issuance of a building permit. Plan to include a low, decorative fence (3 '6") along the side property lines for the first 15', and 6' tall decorative fences along the side and rear property lines. The location of the protected area of the ivy-covered chain link fence shall be included. 15. Utility Boxes and Back-Flow Preventers: Applicant to submit a plan prior to installation ofPG&E utility (transformer) boxes and San Jose Water Company back- flow preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Planning Department. 16. Trash Disposal/Recycling: The applicant shall submit details regarding the design and location of trash disposal/recycling facilities to the City for review and approval prior to issuance of building permits. 17. Property Maintenance: The applicant is hereby notified that the property is to be maintained free of any combustible trash, debris and weeds until the time construction actually commences. All existing structures, when unoccupied, shall have its windows boarded up and doors sealed shut or be demolished and removed from the property. 18. Park Tnwact Fees: Applicants to pay Park Impact In-Lieu Fee at the time of Final Map recordation and building final Current fee is $7,035 per unit less a credit for legally existing units or lots. 19. On-site Lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. All exterior lighting shall be installed prior to building final 20. Revised Elevations: Revised elevations for Lot 4 shall include a bay roofwhich follows the angle of the gable above it. The material between the first and second floor bays shall match the siding of the house (not rough-sawn plywood). Porch steps and/or other element shall include brick to match the brick on the foundation of the bay windows. Conditions of Approval for TS 96-91 1681 Bucknall Road Page 5 21. Garages: The garage for each of the units is to be equipped with automatic garage door openers. Additionally, the developers will be required to add language to the project's CC&Rs which mandates that garages be maintained at all times in such a way that they are available for the parking of automobiles. FIRE DISTRICT 22. Fire Flow: The required minimum fire flow for the project is 1000 Gallons Per Minute at 20 pounds per square inch residual pressure. 23. Hydrant: One public fire hydrant shall be installed on site at a location to be determined jointly by the San Jose Water Company and the Central Fire District. City oJ CamfJbel/ City Council Report t ~, I ~', lto BiB~; (luu:.~, te.cL 111 - Tn'i..(~ [F1 2.- "L Item No.: Category: Date: 4. Consent Calendar April 1, 1997 TITLE: Approval of Final Map - Traet 8922 - 1681 Buelmall Road (Resolution/Roll Call Vote) RECOMMENDATION That the City Council adopt the attached resolution approving the Final Tract Map for property located at 1681 Bucknall Road, accepting the dedications offered thereon and authorizing the Mayor to execute the attached agreement with John S. Nicoli to install street improvements. DISCUSSION On September 17, 1996, the City Council approved a Tentative Subdivision Map to create six residential lots on property located at 1681 Bucknall Road. The Final Map has been prepared, reviewed by staff, and found to be in compliance with the approved Tentative Map. Conditions of approval for the development included the requirement to construct street improvements. The attached agreement obligates the applicant to complete these improvements. Payment of the Park In-Lieu Fees, as required by the conditions of approval for the Tentative Map, will be paid by the applicant prior to release of the final map for recording. FISCAL IMP ACT There is no fiscal impact associated with this action. AL TERNA TIVES Do not approve the Final Tract Map. This is not recommended because the Final Tract Map is in substantial compliance with the previously approved Tentative Tract Map. Prepared by: J f/o;-~ ;1~~ ~ ~Q Land Development ng' eer Attachments: 7rluJUlk(jJ~ ~~ ~ . M age Resolution Tract Map TR 8922 Street Improvement Agreement h:\word\ccrpts\681 buck(mp) Reviewed by: -Reviewed by: Approved by: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A FINAL TRACT MAP FOR TRACT NO. 8922, ACCEPTING THE DEDICATIONS OFFERED THEREON, AND AUTHORIZING THE MAYOR TO EXECUTE THE STREET INWROVEMENT AGREEMENT BE IT RESOLVED by the City Council of the City of Campbell, California, as follows; The City hereby approves the Final Tract Map for Tract No. 8922 and consents to recording of the map, the dedications offered on the map are accepted for the purposes for which the same are offered, and the Mayor is authorized to execute a Street Improvement Agreement with John S. Nicoli to install street improvements for Tract No. 8922 at 1681 Bucknall. PASSED AND ADOPTED this 1st day of April, 1997, by the following roll call vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: APPROVED: BARBARA D. CONANT, MAYOR ATTEST: Anne Bybee, City Clerk County of 1 DATI 1W4. TllU 01 OIICE" . i G . '.w.I ~. HOT"". 'UkC' C INDIVIDUAl-(S) C CORPORATE OFFICER(S) C PARTNER(S) C AnOANEY.IN.FACT C TRUSTEE(S) C SUBSCRIBING WITNESS C GUARDIANlCONSERVA TOA C OTHER: On before me. fIlLI S. personally appeared HAUltSIO# SIGHIAcSI o personally known to me . OR . 0 proved 10 me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed 10 the within inslrumenl and ac- knowledged to me that he/she/they executed the same in his/herltheir authorized capacity(ies). and that by his/herltheir 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 oHiciaJ seal. SIGNER IS REPRESENTING: IWIi 0# I'ERSOH(II OR IHTITY'.SI SlGHATURI 0# HOTARY A nEHTIOH NOTARY: AIlhougn IN iNormalion requelled below it OPTIOHAL, II c:ouId pr""IlIIr~1lI AlIKI\INnl 01.,. UI1IICaII to lIIloIUIIlonIllI dDCumenr. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above ,---,.", . --. .--.-. . . ",. ALL.PURPOSE ACKNOWLEDGMENT }J~:7:;(~. ~+}'7:~}~~~SS~S~-+~~~~~~~~~~~~~~;S~~SS;;~~~ C~;~;~~~~~~~; County of ~~. \~.\t\ C-\ C\ fC1 C INDIVIDUAL(S) ~ L.. ~ C CORPORATE On,-:) \ \ :\ N7 before me, '- J 1'\ I' (' \ -e \ I 0l't O. - -t=1eX\'\ hrr:'\ OFFICER(S) DATE NAWf. TITLE 0# o,,~ . E.G.. 'oWlIllCE. NOTAIIV fI\&IC" ) C PARTNER(S) personally appeared:"'S -;,,\, 1'"'\ S - {\ I ~ b \ i C AnORNEY.IN.FACT . NAUEIIIO# SIQHlA&SI C TRUSTEE(S) o personally known to me ,,:OR . ~roved to me on the basis of satisfactory evidence C SUBSCRIBING WITNESS . to be the person(S,) whose name(~ islaF&- subscribed to the wlthin instrument and ac- C GUARDIANlCONSERVATOR knowledged to me that he/sheltAeyexecuted C OTHER: the same in his/IMr/thiir authorized capacity(~ and that by hislhef,ttAeir signature~ on the Instrument the person~ orthe entity upon behalf of which the per. ~ SIGNER IS REPRESENTING: acted, executed the instru ent, NAUi OII'ERSOH(Sj OR iHTmelll1 Witne hand and 0 aI fITLE,SI ~., -,~--"-~,-,,,;,-- --"--/'~ 0:'1" ,ftif:}'~~~A ~~IRm ~j;IA.FlEN,ING "0 if:- . .,~ Comm. ~ 1030187 ~ ~ ~' ;':~AA NOTARY PUBL.t::.. CALIFORNIA II C. :)(/ Sam Clara Co.l~ ~~~~~~ AnENTlON NOTARY: AIIIIough ltle inlOlmalion teqUIS11d below ia 0 L. it could prlwentlrlUdulellllllKhtnlnl 0I1hi1 ceI1Ilicall 10 UlllUl/lonllll dllcumtnl. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date 0' Document Signer(s) Other Than Named Above ~~--.waN;.=1- '. t. I I . . I . w..-oN ---- DRIV'I 1 , , I - i I N . lit N I . UII)I OF ......,IAIITHWArr ..." OIl 110I1 LA1GI ~ LAND6 ~ If7IfKO#fWI KI1fKOIt/AII 7JIACT 110. ... LOT" ntAC1' 110. ... LOT .. ...... ...-- "' --------wiiTWOciD DIIVI 'I', . II ~~~~- ti , I".~ I III' . r.1.1 · O.IEoIIU .;;1 II!. II! ~ I II Iii 1.11 II! I I; III i .1. I:. 81 hill_ I i!i III Ih' II III !I'I It I J I ,I .i .. . I III I. , . .'1 i II I . III :: i; ,II II ,. -:1 ~, 'I ~ p. .Ei i I~ ~fi ! , ~;i' , I . 1 ,\ i' . I. , ...., ==i.T 17 ~ i ~ ------- , ... a = ~ tll ~ lot >' ~ ~ ~ ijtI H~ ~~ i! c III" i 'il~ II ~ II. ~ ~ .... 2: m' I N ~II 0 . ~ ~I &~ .: ~ ~ ! i ~ :. i ~ I ~ ~ RESOLUTION NO. 9136 BEING A RESOLUTION OF THE CIlY COUNCIL OF THE CIlY OF CAMPBELL, APPROVING A PLANNED DEVELOPMENT PERMIT FOR THE SITE AND ARCIllTECTURAL DESIGN OF SIX DETACHED RESIDENTIAL UNITS SHARING A COMMON ROAD/DRIVE ON PROPERTY LOCATED AT 1681 BUCKNALL ROAD, FILE NO. PD 96-14. After notification and public hearing as specified by law on the application for approval of a Planned Development Permit as referenced in the above heading and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows, with respect to File No. PD 96-14. 1. The proposed Planned Development Permit is consistent with the General Plan. 2. The proposed project, utilizing a Planned Development Permit, will result in a density consistent with the area. The project density will be 11.9 units per gross acre, with an overall area density of 14.4 units per gross area, and therefore is consistent with the General Plan land use designation of 14-20 units per gross acre. The proposed density is no greater than that allowed by the R-2-S (Multiple Family Residential) Zoning District. 3. The proposed massing and design is consistent with other developments in the surrounding area and is consistent with the development standards for residential uses. Based upon the foregoing findings offact, the City Council further finds and concludes that: 1. The proposed development and uses clearly will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and proposed land use are compan'ble with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; and THE FOREGOING INSTRUMENT IS A TRUE AND CORRECT COpy OF THE ORIGINAL ON FILE IN THIS OFFICE. ATTEST: AN YBEE, CITY CLERK, CITY OF CAMP LL CALIF I BY DATED city Council Resolution No. 9136 PD 96-14 - 1681 Bucknall Road Page 2 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole Based upon the above findings, the City Council approves the Permit by adopting the attached Exhibit A, entitled Plans and Elevations; Exhibit B, entitled Development Schedule; and Exhibit C, entitled Conditions of Approval PASSED AND ADOPTED this 17th day of Sept. 1996 . by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Burr, Conant, Watson, Furtado, Dougherty None None None //f ArrEST: U;AU-" fiL- Anne Bybee, City Clerk ,BRUCE c. JOhl~SON A.RCHITECT 80 ALICE AVENUE CAMPBELL, CA 9~008 408'J79,89JO Hay 3, 1996 Planning Dept. of Campbell 70 North First Street Campbell, CA 95008 SUBJECT: Development Schedule "Bucknall Estates" Homes 1681 Bucknall Rd. Campbell, CA Proposed Development Schedule - 1) PD Subitttal and Application 2) Planning Commission approval 3) City Council approval 4) Construction Plan Completed 5) Building Permits 6) Project Construction Begins EXHIBIT B May 3, 1996 June 11, 1996 June I July 1996 July I August 1996 August I Sept. 1996 Sept. I Oct. 1996 EXBlBIT C CONDmONS OF APPROVAL FOR FILE NO. PD 96-14 SITE ADDRESS: 1681 BUCKNALL ROAD APPLICANTS: JOHN NICOLI AND TOM SWEENEY The applicants are hereby notified, as part of this application, that they are required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified. Additionally, the applicants are hereby notified that they are required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California that pertain to this development and are not contained herein. PUBLIC WORKS CONDmONS: 1. Public Street Improvements: Prepare plans, pay fees, post securities and provide insurance as required to obtain an encroachment permit to construct public street improvements, in accordance with the City of Campbell's Standard Specifications and details, on Bucknall Road at Weston Drive, as required by the City Engineer prior to issuance of building permits for the site. Public street improvements shall be prepared by a registered civil engineer licensed in the State of California, and shall include the following: A. New curb and gutter with curb face at 20' from centerline. B. New pavement to centerline of required right-of-way plus an additional distance of about 2' to 4' to conform to existing pavement elevations based on a Traffic Index of 7.5 and an R value provided by a qualified soils engineer. C. New separated 5' sidewalk on the north side ofBucknall Road. D. One new public street light. E. New residential driveway approach. F. Landscape and irrigation system for street trees and landscaping in the parkway. G. New centerline striping and stop sign for traffic exiting the private driveway onto Bucknall Road. 2. Completion of Public Street Improvements: Prior to approval of occupancy for the site, all public street improvements required by the encroachment permit must be completed and accepted by the City Engineer. 3. Right - of - Way Dedication: Provide right-of-way dedications as needed for a 30' half street prior to recordation of the Final Map. Conditions of Approval for PD 96-14 Page 2 4. Underground Utilities: Install new on-site utilities underground per Section 20.36.150 of the Campbell Municipal Code. Provide evidence from all utility companies that the proposed houses can be served. Comply with the plan submittal, permit and fee requirements of the utilities associated with new or modified service connections. 5. Grading and Drainage Plan: Prior to issuance of any building permits for the site, the applicant shall prepare construction, grading and drainage plans for and conduct hydrology studies, as necessary, to determine the adequacy of the site drainage. Proposed plans and studies shall be submitted to the City Engineer for review. All storm drain runoff shall be collected on-site and conveyed underground to the City's existing storm drain system using 12" minimum pipe. The drainage study shall be based upon a 10 year storm frequency. 6. Storm Drain Area Fee: Prior to issuance of any building permit, the applicant shall pay all unpaid storm drain area fees. The current fee is $2,000 per acre. 7. Final Map: Prior to issuance of any building permit, the Final Tract Map shall have been approved by the City Engineer and recorded. The Tentative and Final Maps shall contain: A A Lot "A" for ingress, egress, drainage, Public Utility Easement, and related improvements to serve the development; and B. ''lot to lot" easements as necessary for drainage. The submittal for City Engineer approval shall also contain: A A current Preliminary Title Report. B. Non-interference letters for existing easements and utilities. c. Security guaranteeing the cost of setting all monuments as shown on the Final Map. 8. Covenants. Codes and Restrictions: The Covenants, Codes and Restrictions shall be submitted for review by the City Engineer prior to recordation of the Final Map. Conditions of Approval for PD 96-14 1681 Bucknall Road Page 3 9. Management and Maintenance Agreement: Prior to recordation of the Final Map, the applicants shall furnish and record an agreement for maintenance and management of the project. The agreement shall demonstrate that the project will be maintained in accordance with the intent and purpose of the approvals, and shall provide for the ongoing financial responsibility of the Homeowners Association for maintenance of the common areas created by the Final Map for the life of the project. The agreement shall include provisions for maintenance of the landscape and irrigation system in the public right-ofway. The agreement shall also contain a Consumer Price Index (CPI) for fee adjustment, which shall be incorporated into the Covenants, Codes and Restrictions for the project. 10. Utility Connections: Coordination shall be made with the City of San Jose for all utility connections. 11. Soils Report: A soils report for the site shall be provided which has been prepared by a qualified registered geotechnical or civil engineer. PLANNING DEPARTMENT 12. Approved Project: Approval is granted to construct a 6 unit detached residential planned development project. The building designs shall substantially conform to the exhibits listed below, except as may be modified by the Conditions of Approval. A. Site and building plans prepared by Bruce Johnson, dated July 1, 1996 (w/July 23 modifications). 13. Landscaping: The applicant shall submit a landscape, paving and irrigation plan for approval by the Site and Architectural Review Committee, prior to issuance of building permits, addressing the following: A. Preparation of a landscape plan consistent with the Water Efficiency Landscape Standards, including replacement for 51 trees. B. Landscape Bond or Agreement . c. Driveway Pavement: Driveway pavement to be divided into distinct areas by alternative pavement treatments. D. Walkways, porch, planter boxes/edging and driveway to utilize brick to match that shown on the houses' bay window foundations. Conditions of Approval for PD 96-14 1681 Bucknall Road Page 4 e. Ivy/fence Protection Plan: A plan for the protection of the ivy and chain link fence along the west property line, from 15' back from the new front property line to the beginning of the existing wood fencing" shall be submitted and implemented. In the event that the ivy and/or fence is damaged, it shall be replaced by a solid, wood fence of the design indicated on the approved plans, and shall be landscaped with ivy or a vine. 14. Fencing: A fencing plan indicating location, height, and details of the fencing shall be approved by the Planning Department prior to issuance of a building permit. Plan to include a low, decorative fence (3'6") along the side property lines for the first 15', and 6' tall decorative fences along the side and rear property lines. The location of the protected area of the ivy-covered chain link fence shall be included. 15. Utility Boxes and Back-Flow Preventers: Applicant to submit a plan prior to installation ofPG&E utility (transformer) boxes and San Jose Water Company back- flow preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Planning Department. 16. Trash Disposal/Recycling: The applicant shall submit details regarding the design and location of trash disposal/recycling facilities to the City for review and approval prior to issuance of building permits. 17. Property Maintenance: The applicant is hereby notified that the property is to be maintained free of any combustible trash, debris and weeds until the time construction actually commences. All existing structures, when unoccupied, shall have its windows boarded up and doors sealed shut or be demolished and removed from the property. 18. Park Impact Fees: Applicants to pay Park Impact In-Lieu Fee at the time of Final Map recordation and building final Current fee is $7,035 per unit less a credit for legally existing units or lots. 19. On-site Lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. All exterior lighting shall be installed prior to building final 20. Revised Elevations: Revised elevations for Lot 4 shall include a bay roofwhich follows the angle of the gable above it. The material between the first and second floor bays shall match the siding of the house (not rough-sawn plywood). Porch steps and/or other element shall include brick to match the brick on the foundation of the bay window. Conditions of Approval for PD 96-14 1681 Bucknall Road Page 5 21. Garages: The garage for each of the units is to be equipped with automatic garage door openers. Additionally, the developers will be required to add language to the project's CC&Rs which mandates that garages be maintained at all times in such a way that they are available for the parking of automobiles. FIRE DISTRICT 22. Fire Flow: The required minimnm fire flow for the project is 1000 Gallons Per Minute at 20 pounds per square inch residual pressure. 23. Hydrant: One public fire hydrant shall be installed on site at a location to be determined jointly by the San Jose Water Company and the Central Fire District. o~ . CAI\1 t.~t u r- o 0 A >. '< ' , ~' .ORCH,......Q. City of Campbell -- Community Development Department 70 N. First Street, Campbell, CA 95008 MEMORANDUM To: Harold Houseley, Land Development Engineer Date: April 11, 1997 From: Barbara Schoetz Ryan, Planner I ~/.- Subject: Planning Clearance for Recordation of Final Tract Map for 1681 Bucknall (aka Della Ct), TS 96-01 You have indicated that the Park Impact Fees for this project have been arranged to be paid out of escrow. The CC & Rs and all other Planning Department requirements which are necessary to allow the Final Tract Map to be recorded have been met. // ,1 I". Of' CAAt ~' .4~ fo. ~ ... ~ U r" -" >. 10", .. G' 'o.q C H A 'it. " . CITY OF CAMPBELL Public Works Department April 10, 1997 Bill Magleby, Escrow Officer Chicago Title Company 110 West Taylor Street San Jose, CA 95110 Re: Park Fee Demand Escrow No. 768340 Tract No. 8922 1681 Bucknall, Campbell, CA Dear Mr. Mableby: In accordance with our discussion, we are releasing the attached original signed mylar maps for Tract No. 8922 for you to promptly record. Prior to recordation, however, the City of Campbell hereby demands payment of the park fee in lieu of dedication in the amount 9f $26,381.25. The Subdivision Agreement was sent to the County Recorder's Office for recordation about April 4, 1997. It is understood that the CC&R's will record later upon approval of the Department of Real Estate. Please provide the City of Campbell with a photo mylar copy of the recorded Tract Map. Please give me a call if you have any questions. Sincerely, / n../ r iA'I, \ _ 4 . ~.:.jf!{V-Lj- ,-;-!&litLc-..LJ" . '-1'-<-- I. Harold Housley, P.E. Land Development Engineer Attachment cc: Michelle Quinney Robert Kass City Clerk h: \ word\landdev\magleby(mp) Barbara Ryan Frank Cauthorn Chuck Gomez 70 North First Street. Campbell, California 95008.1423 ' TEL 408,866.2150 . FAX 408.376.0958 . TOO 408,866,2790 Sanla Clara Valley W<xet Dislrid (;. 5750 ALMADEN EXPRESSWAY. SAN JOSE. CA 18 (408) 265-2600 PERMIT Facility: Campbell Distributary Date Issued: April 3, 1997 Permit No.: 97920 Permittee: Mr. John Nicoli 1681 Bucknell Road Campbell, CA 95008 Telephone: (408) 245-7210 File: 24425 Campbell Distributary Bucknall Road at Weston Drive Purpoae of Permit (408) 727-6665 Re: KIER & WRIGHT APt< u 't i~ RECEIVED 1681 Bucknall Road Tract 8922 Applicant: Kier and Wright Attention Mr. Ken Olcott 3350 Scott Boulevard, Building 22 Santa Clara, CA 95054 Il!I Encroachment Il!I Construction o Temporary InstleUation of 8 6-inch ~:t3'Y se'.'\.'er !~tef':,~I, ::: 6-:nch ...'V~t3f' ffia:n, ~nd a 12-inch storm seV'Jer I:ne crossing District's Campbell Distributary Construction Expiration Date: Amil 3. 1998 Encroachment Expiration Date: P-'-""Eft'-'-'-'-'-'-":M-'-":"""I"+'+'ee-'-"""""'::::'M"":-'-"U'"::""@i!i":iiHTI"':ev:::::~tN"":"':D.-'-"":::::~U"":""8"""':N-'-""I""S-,-".,:ti'::'s.:""'::~fiE""'riu.''':,-'l"E"'-'-'::::Hif:W'':''::"'H.S..'''u:::::iiri "::::": ::. ..;.... ....... ....~~~r"~t. ::.:::11 ....... .:..~::..:Ajj,~fp*t(.. i~~~i{j....:...:'.::...IE:..:::..:. ,:",:, .:....: ..:..:..:t!f.. ..:~~o...:: :.:..::...]~...::::f*ttt;..~.:;,:.:i~t...;...A~r~J~~~M: 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 notifv is cause for revocation of Dermit 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 01556,01557, or 02922 except as modified herein. 2. Permittee shall use only nonpotable or reclaimed water for completion of activities under this permit, unless the District approves another source. 3. Measures must be taken to prevent or minimize disturbances to the District's pipeline. 4. Permittee must maintain a minimum clearance of 1 foot between District's pipeline and the lines being installed. 5. The sanitary lateral MUS! not have less than 4 inches of clearance below the District's existing pipeline. 6. Permit 97920 is being issued to replace Permit 97916 which has been VOIDED. Approval: F ti~ C4Jw?J.Au' If. Sue A. Tippets, P.E. I Supervising Engineer Community Projects Review Unit cc: Mr. Chuck Gomes, Department of Public Works, City of Campbell, 70 North First Street, Campbell, CA 95008 FeE 60e 11218/961 ~..O~ .CAI\1PQ !::: ~ U t"" o 0 A >. '< ~ , ~' . O'CH""O. City of Campbell -- Community Development Department 70 N. First Street, Campbell, CA 95008 MEMORANDUM To: Harold Houseley, Land Development Engineer Date: April 4, 1997 From: Barbara Schoetz Ryan, Planner I Subject: Park Fees for Tentative Tract TS 96-01 and Planned Development Permit PD 96-02 at 1681 Bucknall Road SUBDIVISION PARK FEE based on 3 acres/IOOO population 5 new lots x $5,276.25 (6-13 density range) == $26.381.25 DUE PRIOR TO TRACT RECORDATION DEVELOPMENT PARK FEE based on 4 acres/lOOO population 6 units x $7,035.00 (6-13 density range) - credit for 2 units x $10,990 ($21,980) (at density under 6 acres) == $20.230 DUE PRIOR TO OCCUPANCY PERMIT Per Section 13.08.11 0 of the Municipal Code (Credits against the park dedication requirements), "Existing legally constructed units shall be counted as a credit against the fee or dedication requirements applicable to developments at the density rate of the existing dwellings, up to a maximum of one hundred percent of the park land oblieation." Because the subdivision fee exceeds the development fee in this case due to the credits, there shall be no development park fee due prior to occupancy. cc. Jackie Nicoli Apr-02-97 10:0BA John N;col; 415 96B 9721 P.Ol JOHN S. NICOLI GENERAL CONTRACTOR 19M3 Colony Sln1et Mt View CA 94042 Fax Cover Sheet FROM: April 2. 1997 TIME: 10:15 AM ATTN BARBARA RYAN PHONE: 408 866-2193 City of Campbell FAX: 408 866-8381 Jackie Nicoli PHONE: 415 988-9706 FAX: 415 968-9721 Re: Bucknall Estates DATE: TO: RE: MESSAGE: Received your message. Jim worked out the following which Is my understanding of wtlat we had agreed on. Please review and \'U give you a call shortly to see if you agree. Jim and I tried some of the other scenarios John wanted. but I think this is the most emcient. 415 gf P.02 A~ '~ / ,:) V /<"/' ~<C.y /ftf1 </4. Apr-C2-97 10:0BA John ". '01; c~ ~ {:> ", ~ N;~ . 9721 ,t- -r' !:4 ,/-- / /;.; SECfION 5: ~INTENAN~ OBLIGATIONS ~.Ol. AIsocimoll M.i11/1'!~.e Obliutions. The Association shall be responsible fur mail:ltainiq the following in good cwdidon aDd repair: .) Commnn Alea lmDroveqms. The: AssociatiOll 5ball mainwn or provide for lht mauul:D&nce or all Common Area improvements, including bur 1101 limited to. repair, J'l!ICOD.atruction IIJd sweepiq of die pnvara drive surfIce. draimge faci1itie$. and utiliry larerals 10l:ated within the Common Area to lhc: extent $Ucb laterals are not maintained by any private or public udllty provider. b) Fire District Reau~lS. lbe Association ~I be responsible for ~nt.JiniQg all sips. curb marking, IUd other notices regardiDg DO partiag withiD the Common Area in 01'~r to provide (or fire.ftghtine ~ by the Fire District. City of Campbell or other 1pJ1C)' . c) Driveway. Ibe Associarion shall be re$pODJlib1e for repair, m::o~truction and swecpiDg of tbe ~1e driveway seMnJ the individual Jot up to die ex.terior wall of die larage. ~~ ci) Public Riel at WiLY lmDrovernl!lnu. The AssodUlon sbalJ mainllin. repair, and I'CCOIISttUCt all hardsc:ape in the public right-of-way up to the bG of the curb. e) PlaDrin, SaiD MaiIlltM!~. The A3aociatioo sbaU UJlIimaJn the: landscape scrip aloq tbc emnIX% of me projea located between Bucknall RmId and sidewalk. The OwDet of [..0C3 I and 6 shall be responsible for vmc:ring the laDdscape iJq)rovCIDent on thai portioo of me pllariDc lulp a&ljKCDI to lbeir 10(5. f) I "'....-V PlmilKuJy. The AaIol:iaUoa shall ajnmn me 1.mdscapiq and fIDcinc witbiD tile I""'" peu1Daulas located betWeen Lou 1 and 2, Lols 3 IIlC1 4, ad Lots 5 and 6. E.acb of tile ~. lot OWDCn sball be ~ble for waterillg all pmiDIu1a ..."tteeapr improvements lyiq 9lithin dlcir loco If my of me maitltclWlCe or npair wrt refcmd to above as nccessiW2d by die wiUtuJ Of qll&=l acts of the Owner,.biJIher family, pestS Of iDviU!a. the COSb of such speQal mtoratton or repain shall be cbarpable ro the Owner as provided in Secnon 8. . ~.02. Owuer$' ~inrMlMV'fO Obun!:io115. Except as provided above. each Owner sball be responsjble tor maiDraiDing in good condition and .r hialber Unit ID4 Lot, iDcluding all iqJroveIDCDU m1 bndscapiDg dJerean. If aD Owner falls to maintain hislber Lot or wuer landscape improvemcncs as provided ben:Ur ill I IDIdne1' which the Board lQSODIbly deems necessary to prtServe tbe safety. ~ mdlor value of die Project, d1e Board may notify tbc Owoer of dle work required and RlqUCSt dlat ir be done within . reasonable IUd specific period. If d1e Owner fail& to perfonn such IDI~~ .vcr repairs within said period. the Bo~ shall. subjed to the notice and hearing requiremaJts see forth in the Bylaws, M'fe Ihc: rigbt to enter upon me Lot to cause such mainteDaDCe audlor n:pair work to be performed. Cost of any such repair or maiaIEnance sUII be dwaed to me Ow.. througb an Iodividual Ow. as provided in Section 8 bc:reof. )IlolWUhstaudiag the fore,oing, in me event of an cmc~ .nsing out of the failure of III Owner to IDIinWn bislher Lot. the Board sball b.\'t the ripe, rhtough iu lIeDes and employees. to immediately enter die Lot Co abaM the eIlIerJenc)' and individually cba.rge the cost thereof to such Owner, S.l TUTAL P.0"L ~ ~{ '~( ~,:llPM CHICAGO TITLE INS. 6 P 2 aoliD .0. 00 008500 . ..... .. .f N. ...1::1 _ ...... ~a.a. -.....~- ~ .... DOlI AU. ... n 1'1II11 '1.lnrl. ftA., III, JQHN S. ~ICOLl ... t" "1ST I.,SUlWICI allPAlY ar. Ia.lt au ""1, ...... _-. t:.U C..., 01 ...~. Claw., ... taw .....1 .. oC :II !HQ,Q~~ SIX HWID ED AID 00/100 dollar. CI 10.600. ) to .. ,.iel to taae Couat, of I..,. Cl.r., Stau o' CAllf.nt, .or *I.~ ..,...t.' _11 .... tnl, to lie ...., .. Itl.. o.r..l~., ~, "lr.. .....tore, ~l.l.tw.tol". .uco...or. ... ...1.... i.l.'l, ... .....r.l1'. 11nl, .., ttael. 'r....'.. te ....r. ,.....t of eM t.... ... ....._.u lor tile t.. rear , .... are all.. Int, ao' ..,"1. .1 ,....I'" lor 1. lI.tl_ ....3 .r tile ........., ,Cote .1 tile Ita'. ., C'li'o~l.. . .. Prl..1,alC.). , .. a...ot" I~a~. 01 Call1or.la. fte a...lt.... .. tM ...... .Up'10....1 .uIa Clae'. MIIIIU" &ta. *" ..... pr1aal,al l.t.... ,to Cll. vitia ~. ....r...r of 'u'a Cl.... Co_t, a "I'a.l .... or traa' ... .....1' .. "1~ ... ..........U. o. tu tu 1'011. of .ut. Clara Co_tr .. pa"e.l 11MoI"C,' a 1103-36-089 ........, 'Mr. .we so 11... ...l..t till .1IIIc11,,1.101 0.. aa, ,.rt. t._"'Df for ......... .u~e.. .....t)' . ....1.1..1 or 100al t.... ow .peC18l ......_Dta colllc~.4 a. ,...., ...Ipt t.... or ...clal .........C. ao' yet ,.,abl.. AID WIlli", ~k. ,..0.1.1... of tbe C'llloc.l. ltat. 1.. clfUlc. tblt tkl. . ... be til.ca vitia CIa. Cl.~k of tIa. .....4 ., .......v1..1'. ., ..i. Co.atJ'. 101I DlDUOII, 11 tM ..1el ~laa!..U.) .Ull far, 0.. a.... ~o M .~.. vb.. du., .11 t...." aad .11 .,.olal ....._.t. col1.ot.e4 11"1 C...... ,.bl_ .t die '1_ 01 '111.. ..U .... aw. . 11.. ...iut lUll ."lvi.loa. or .., ,.rt the,...I, but .., ,.t ")9.1. 01' lor wblcb . t.. ~Ul Ilaa 8D~ ... ,...,.r... ttae. ~l. 01111'."'0. ....U c.... ad be vol', otJutnd... it .:a.U '1..1. la full lore. ... .rr..t uatl1 ..11 ,...." ~ah lacl'" .....t. ,baWD .. tbe .....1." .........c roU lad .~ ....1......1 woU" .1'. .a14 1. '.11. laolu4184) aa, ....ltl.. aa4 1.t....... lacarret. If 1...1 Ict,101 I, 1'.'1&11". to r.ao"1' UlMJI.. &lai. ....." tile ,roteRlo. .fto..'" ., le la.al1 .Oft" ,.,..." of r...olable .tto....J". r.... !b. ,..ovl.10.. 01 ..otl.. 1... .1 th. Civil Co" .... lOt 1 ....ltl.. ,r.c"'K to tile I."ecr'. 0III11"clo.' MH....r ... .... b.~.llIl' ..1ved .., the '."It,. . I. Wlft.U ".....10., .,1. ,rl..1,.1 ... ..1. '.1'.t.7 c..... th1. boad to be --..- ~., ~:~ J~:;~~~~~ , " ,,- .. ~ .~~:I~.~..:::~~ - " , iii .. ~. . -- ' ,.. .t.,;.......... , ~. '=--'-". I ! " 1 I ~ k I ~ 4' I ~ f! ~ .. r ~' " -, ,.~ ~.~ .' '.; ~t ~~ ~ ~; ....,It S '(. ..., ~ ......roc tj( . ':J( ~:llPM CHICAGO TITLE INS. P.3 ~ II. OO~00858Q ~\ .. .-..no'~_--._. . - _I. . Ian or -.tALIPOlUlIA ) e~ or SANTA CLARA .. >> o. \:WI ~HD .., .. TAPRIL , i' 97 .,an., ,... ............ · -eu,o ....Ue ia ... t... .aI' e...~, aM. IU.. .....~lJ ....... - ROY G. FL!:f~ .... Ie _ U lie ..... "W_ -.. -- 1. nlMCI"&Md ~ eM ..1.... Ian. 1.... __ _....~-I._._. .t ... PAR Idq'l' T)I~QRlNCI CONP.,r . ..rp...... -- . ...-.- ia IUd 1.......# ... ..1I8Md....d .. _ c.u. ... .......&IIM .... - .. Mi. ......tio. tat.... II ...", 1M ..... _ __ U ......,......... G_'" ....... .. o"leiel Rill. .l..~-'f V~ ~ VERONICA RAMlm --- _A _ . ~__ t a..._~.~'_.._. ......-..- r - ~ III*ICllllllo.,. MrCMlM......I1._ ..... ......---..---..-..-.---... -.......----.--...... - ~ --_6 . ...WlliI.....'.) S...w.aCeS _ ~,... ..'n ....1,. ~..,... .... ~FDrL\{tI\ CG_a. Of' ~rJ Q LJlR...A J ) Iller 0' ,4flCf '- ~t r:l~ 1a ... Oa tIal. '-I tM -.......t~~ . "I'~ ^ .. "1'.-.11r ..... .. - ... ,..... .. .. .. __ ...... .f ..d..ae~ ..,..... to '- .. ..... .... ....C1kr L5 .....elM<< to tile wlaJ.. -..--, .. .....11.... UIat ~ __... .. ._. · 1197 ""0". _. t.... -. .,.." .. ..... ".8-.l1r VI~ III ... .. ."Acid ..Al. .i..... ani 17[ f.~l- . Ma. .'-"7 ..a ...... Jfj" .o.mA1OC1 .~ -, c:... , lIl4ZlJ . . IIOT" M.It.~ _ ~ _ _ n~r..:-~'::J... T .. w......... _ b"'~_ .... ev...... _ N1 ) .. _. - .f J . 11 ..lent ." . ... "'<iiA1...IJl'''' .' IIeUqe ,NtUc .:ia ...... ,..w Ct~ ... __ tei,.uiF ~ II'.... ... - APR 07 '97 02:1ZPM CHICAGO TITLE INS. . --.- -....-----.- --'--"""._'~'---"" Apr 03-97 02:S6P John N;col; 415 9FB 9721 JOHN S. NICOLI GENERAL CONTRACTOR 1983 Colony Street Mt View CA 1J4042 Fax Cover Sheet DATE: April 3. 1997 TIME: 3:01 PM ATTN' CHUCK GOMEZ pHONE: 408 866-2158 City of Campbell FAX: 408 376-0958 Jackie Nicoli PHON~: 415 988-9706 FAX: 415968-9721 Re: BucknaR Estates TO: FROM: RE: MESSAGE: Following is the tax letter from the County on the above project. I faxed you a copy of the subdivision guarantee this am to 886-8381. sony. I thought It was your fax number too. Hopefully. its been passed on to you. P.Ol Apr-03-97 02:56P John N;col; 415 968 9721 P.02 rlR-3-'9? ~I 12:52 ID:TA)( CXIJ..iC'T'CJ' TEL. NJ; 4l!I8-2B7-jjlM1 "16& .,,1 " ":'4 CeJuDtyOl..... aara ~ Q1t'"" NI' ,....O".Jf.....~ _ . ~. ~c.--"'" ....-.IIlIT.._ _~~ 1..11. ...._ ..., ,-~I PN' ...,1.11 ';'#' i",A~~ ..:~~~~., III ~_~ ... '..L,\ . - ~ .., ;It: 1,1. ~~~~J ~~"'~,,"- ..,......,... Statl.ld f1f ......"'.1_ s.r1U To .. ,.~ wftal CM C1wt of tile .... of 5,,",.,tlOl" Pr1w '- .... IMn*'i.. CMltAlO TItlE MACH 21. '117 ...., FlllUl Ace....... t. ..r ~nSs atad ~-t1-t7 . e..... _" no "",aj" COUftt). ,.tcf,.l .r lKAl tInS. or ..fll ...._u contatltl. by tilts Coullty. or c.un or assaI Lla'tl IIltalt till 1_ wftlltn the IU"",,1$10. or 'Irell ..i....'.. ..; 403.36-089 or ...iRIt ..., Mrt u.n.f u ..... _ tM usa_t rall. .. 'n, 1ft tile Of". of "'" TM C.llsC41r. UGe,t ,.... UId steet.l ....s_C. col1lKt_ II taxas, ___tell .. .. Jet "'.'l. 'If' \,.. 1. '.r '"7/;:.'. . tll. secvrtt7 .....t.... to be postM witll ""' C1Wk of UIe.. .f 'UJln1S0rl ........ Ie ....". of tIl1a paral or trln .., is II 'oU.-s: T,.. " --11117 ~lar fIX _'~1 .,.. ro'-1 Iealr1tJ CUlttw'. c.- J1.350.00 $' .7~.OO S9,OtO.00 ... ,....... 57,HO.OO SI._.OO 19,150_00 CePtfflcae. ., ........t , .. l.u. ., CNtt SUNt)' .... $1,570.00 $2,030.00 "0.100.00 TH __t of s8Curity f... tu.s ..'fied ...... wfl1 ....tft fn ."oct t......... ~. If the ,arce' or t..act .... de5t.ftlt.. .NYO U ftot 1"KOf\ded1ilUit~T. otftca Oft or priDr to tr.t. dat.J . .... ~.rtiflc.t. of tu el....... ..t lie oM.t..... ThiS 1.tt~ dael not 1ne1ude ~ ISI'S~tl ,... .n7 .ssess..nt d;str;ct: l1ens or ~....tJ'J ftOt shOMn by the Isses..-nt ~111 or other offici~l recorda .~ t~,. ."fee. ... L. lock T,. Col1-=tot'" ~:~.~. '" lIktll . Apr-03-97 11:49A John N;col; 3~AP~1991 11:38 415 96B 9721 Gold-l'BJC lIessaqe P.02 page .I/J SUBDIVISION GUARANTEE Order No. 710568 - SH Dat9d: April 3. 1997 SubdIVision: TrAct No, 8922 Fee: $ 300.00 CHICAGO TITLE INSURANCE COMPANY a corporation. herein called the Company GUARANTEES The County of SANTA CLARA and any City within which 'Said &ubdlvision is located in a sum not exceeding $1,000.00 thai, according to those public roc:ords which, under the recording laws. IJnpan construclivc notice of mallers skUng the tide to the land included within the exterior boundary shown on lhe map of the above referenced subdivision, the only panie5 having any record title intereslln said land whose signatures are necessary. under the requiremenls of the Subdivision Map Act, on the certificates consenting to the recordation 01 said map and offering for dedication any str&ets, roads, avenues. and other easements offered for dedication by said map 819 8$ &et fanh in Schedlie A, Issued by: CI(IC,\(iO TITLE IN'\lTRANCE COMPANY 110 w.~~ Taylor Street S.n Jose. California 95110 (408)292-4212 ~~~ ThOmas J. Adams Secretary !";'I~~~ "ir'~r'~1 "'-'(' Apr-03-97 11:50A John N;col; 3-APR-~991 11:38 4159GB 9721 cold-F;vc lIessage P.03 page :J/:J Ordor No. 770568 - SM SUBDIVISION GUARANTEE SCHEDULE A The map hereinbefore referred ~o is a &ubdivi5io~ of: Trac~ No. 8922, Being . portion of ~he Qui~o Rancho and Lying yi~hin ~he Ci~y of Campbell, County of Santa Cl.ra. February, 1~97, consisting of 2 sheets The parties hereinbefore referred ~o are: Owners John Nicoli, Albert K. Pierce Apr-03-97 11:49A John Nicoli 415 96B 9721 JOHN S. NICOLI GENERAL CONTRACTOR 1983 Colony Str~t Mt View CA 94042 Fax Cover Sheet DATE: April 3, 1997 TIME: 11:55AM TO: ATTN: HAROLD HOUSLEYPHONE; 408 866-2156 City of Campbell FAX: 40& &66-8381 FROM: Jackie Nicoli PHONE: 415 988-9706 FAX: 415 96a.9721 AI:: Re: Bucknall Estates MESSAGE: Following is the Subdivision Guarantee which I just received from Chicago Title. I left 8 message on your voice mail to see what else you need to proceed. I will give you another call later today or call me at the above number when you have time. P.Ol CHICAGO TI ~E COMPANY " Issuing Office: 110 West Taylor Street San Jose, California 95110 Phone: (408) 292 -4212 ~, '" D ,. APR 0., 'f9S11 , '. . "'\" ~"V l.l,ut.iilWsrn OR,KS 1'{4nO/V MARY FINLEY CHICAGO TITLE COMPANY 22320 FOOTHILL BOULEVARD HAYWARD. California 94541 RE: Order No. Reference: Regarding: NICOLI: JOHN 770568 SH 1681 BUCKNALL ROAD CAMPBELL, California Dated as of: March 13, 1997 at 7:30 AM In response to the above referenced application for a policy of title insurance, CHICAGO 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 the 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 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 OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AN 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: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY .~;~ ~~rJ Sharon Hoffman Title Officer PFPlB - 11/07/94 AA SCHEDULE A Order No: 770568 SH Your Ref: 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: John Nicoli, a Married Man As His Sole and Separate Property and Albert K. Pierce, a Married Man As His Sole and Separate Property 3. 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 attached hereto and made a part hereof. PREUMA.9/27/93bk DESCRIPTION Page 1 Order No. 770568 SH All that certain Real Property in the City of Campbell, County of Santa Clara. State of California, described as follows: Beginning at a point in the monument line of Bucknall Road at the Southeasterly corner of that tract of land described in the deed from Francis A. Gonsalves, et ux, to Della May Garthwait, dated March 31, 1949, recorded April 22, 1949 in Book 1776, Official Records, Page 446, Santa Clara County Records; said monument line being a line which is parallel with and distant 22.00 feet Southerly measured at right angles from the Northerly line of Bucknall Road, as the same originally existed; thence running along said parallel line N. 88 degrees 29 minutes E. 110.00 feet to a Southwesterly corner of Tract No. 2991 Quirked Plaza, Unit No.2, a Map of which was filed for record in the Office of the Recorder of the County of Santa Clara, State of California in January 11, 1962 in Book 142 of Maps, at Page 4; thence running along a Westerly line of said Tract No. 2991, N. 0 degrees 29 minutes E. 200.00 feet; thence leaving said line and running parallel with the said monument line of Bucknall Road S. 88 degrees 29 minutes W. 110.00 feet to the Northeasterly corner of land so described in the deed to said Garthwait; thence along the Easterly line of land so described in the deed to said Garthwait S. 0 degrees 98 minutes W. 200.00 feet to the Point of Beginning, and being a portion of the Quito Rancho. SCHEDULE B Page 1 Order No: 770568 SH Your Ref: 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: A 1. Taxes for the fiscal year 1997-98, a lien not yet payable. B 2. General and Special Taxes and Assessments, if any, for the fiscal year 19 96-97 Assessment No. : Code No.: First Installment: Second Installment: Assessed Valuation Of Personal Property: NONE Homeowners Exemption: $None 403-36-089 10-046 $1,336.35 $1,336.35 Paid Due and Payable c 3. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 4. Right of the Public to use as a Roadway so much of said land that lies within the boundary lines of Bucknal Road. 5. The herein referred to property appears to be free and clear of any Deeds of Trust or Mortgages. Please confirm if this is the case. F 6. Information in Possession of this Company indicates that a division of land is contemplated and said division of land would appear to fall within the purview of the Subdivision Map Act. As a prerequisite to the Company's participation in a land division transaction, compliance with one of the following provisions of the Subdivision Map Act will be required: (1) The recording of a Subdivision Map in compliance with statues or related local ordinances, or (2) The recording of a Parcel Map in compliance with the statues or related local ordinances, or (3) The Recording of a Certificate of Compliance, a provided by statute, or submission of satisfactory evidence of compliance with or non violation of the Act. G END OF SCHEDULE B H NOTE 1 Title of the vestee herein was acquired by deed: PREUMB-a/7/91.lrc Page 2 SCHEDULE B (continued) Order No: 770568 SH Your Ref: Grantor: Recorded: Stephen S. Horvath, Trustee and Rose Marie Horvath, Trustee and Trustors U.D.T. October 16, 1992 John Nicoli, a Married Man As His Sole and Separate Property and Albert K. Pierce, a Married Man As His Sole and Separate Property January 8, 1997 as Instrument No. 13572802 of Official Records Grantee: No other conveyances were recorded within 6 months prior to the vesting hereof. NOTE 2: Effective March 1, 1979, there will be an additional $10.00 fee for recording a deed with a legal description other than an entire lot in a recorded final map. If there are any questions, please call your escrow officer or title officer. J 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 mortgage 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. Owners Policy Exclusion: PREUMBC-9/23/93bk Page 3 SCHEDULE B ( continued) Order No: 770568 SH Your Ref: 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 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. K NOTE 4 Short Term Rate L NOTE 5 THIS NOTE IS. REQUIRED ON ALL TITLE REPORTS GOING TO THE DEPARTMENT OF REAL ESTATE: 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 TITLE INSURANCE. FOR PURPOSES OF POLICY ISSUANCE, NO ITEMS ARE INTENDED TO BE ELIMINATED ON THE BASIS OF AN INDEMNITY AGREEMENT OR OTHER AGREEMENT SATISFACTORY TO THE COMPANY AS INSURER. M RK/og PREUMBc-9/23/93bk ~~ WOODGL:Ji I~ IOJ' Q 59 I~ 19.~ I 101 ,~ 10) I' 1'0 Ig " .. I~ .. :::; iii I '" iD .. .. ~:s Ui ... .. / ..;~5' .. i\j (5 / ~ ) .. . I~ '\ ..~ - ;; 81.6' '--' DRIY~ ~ ~. 'f;iB It. ~ !:" 8 ~ ........,y.e.... f-......... o ~ 1 ....___ / ....~. .l> ~ I":; i;;: w ~ _ s ~ ~ __ ~ /"". I~, ............. ""o-b __ . \oJ ............ 0 ;j: r ............... r-- I~ t k .' I;:;; ---., ....!ts<?, tir; "1 IS I'" /;f ........ ~ ' .~.:........ / I", . <:: 'i . t ........ / ~ l\.I ..... I' .......i"........, t ~ "'1!!! 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I AMERICAN LAND TITLE ASSOCIA nON LOAN POLICY (10-17-92) WITH AL T A ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH AL T A ENDORSEMENT - FORM 1 COVERAGE 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 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) 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 (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material 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 an 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) 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 purchaser for value or a judgment or lien creditor. The above polley forms may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Covel1lg8 In a Standard Coverage policy will also Include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will nol 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 by making inquiry of 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 sUlVey 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. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6.1.87) EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorney's fees and expenses resulting from: 1, Governmental police power, and the existence or violation of any law or government regulation. This includes building and ,oning ordinances and also laws and regulations concerning: . land use · improvements on the land · land division . environmental protection This exclusion does not apply to the violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: · a notice of exercising the right appears in the public records on the Policy Date · the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3, Title Risks: · that are created, allowed, or agreed to by you · that are known to you, but not to us, on the Policy Date - unless they appeared in the public records · that result in no loss to you · that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5, Lack of a right: · to any land outside the area specifically described and referred to in item 3 of Schedule A, or · in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. EXCEPTIONS FROM COVERAGE In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1, Someone claiming an interest in your land by reason of: A. Easements not shown in the public records B. Boundary disputes not shown in the public records C, Improvements owned by your neighbor placed on your land 2, If, in addition to a single family residence, your existing structure consists of one or more Additional Dwelling Units, Item 12 of Covered Title Risks does not insure you against loss, costs, attorneys' fees, and expenses resulting from: A. The forced removal of any Additional Dwelling Unit, or, B. The forced conversion of any Additional Dwelling Unit back to its original use, if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government regulation. LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIA liON 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 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 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. Reorder Form No, 12599 (Rev, 2/93) AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) 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 (intluding 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 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) 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 estate or interest insured by this policy. 4, 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. The above polley forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage In a Standard Coverage polley will also include the following General Exceptions: 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 by making inquiry of 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. RECEIVED MAR 211991 PUBLIC Wui<.K.':J ADMINISTRATION John S. Nicoli 181 Tan Oak Drive Scotts Valley, CA 95066 March 21, 1997 Mr. Chuck Gomez City of Campbell 70 N. First St. Campbell CA 95008 He: Bucknall Estates Project Dear Mr. Gomez: In response to your fax of March 19th, enclosed are the letters from P G & E and TCI stating that they have reviewed the map and have accepted it. Also enclosed are the preliminary title report which you had requested. The CC & R changes you have requested have been passed onto the firm preparing the DRE submittal and I will forward the revised C C & R's to you promptly. Best Regards, ~-' ~' ~' John Nicoli DATE: CITY OF CAMPBELL DEPARTMENT OF PUBLIC WORKS LOCAL IMPROVEMENT BOND OBLIGATION March 24, 1997 -- APPLICATION NO. 770568 1681 Bucknall Road, Tract No. 8922 APN: 4d&:"as,aas 403-36-089 Improvement District No" None -------- Public Works review for Local Improvement Bond Obligations on subject lands has found: x No bond obligations are or will become due within the next fiscal year. Bond obligations are or will become due within the next fiscal year. On as assessment schedule was submitted to the County, As assessment schedule is enclosed. Applicant shall prepare an assessment diagram (or amended assessment diagram). Submit same for Public Works approval and preparation of assessment schedule" Assistant Engineer ----------------------------- Title ----------------------------- Public Works Department city of Campbell 70 North First street, Campbell, CA 95008 (408)866-2163 ----------------- ----------------------------- Address Telephone t;'/E"d S3~I^cl3S "^3G 3l~I~ O~~~IH) W~LP:01 L6, p2 cl~W --~ --... . ! ... ,-- ~ ,- :.: : -e. I ffi ~\:( ~~ 1.... r'l 1$ , !! A;~ ~~. .\ .at ~ ~ i ~: 3 Q A;.....; \::J~~~ ~ ~: ~ I' , -. . ~ 1 " 'j ~ :i: . 1 -. ~ , , =":' ,-~ ~.. .: ~ ~.!.: 'a 'L --, ~ inii' i I. III a. I tii ! ~ ~ .01 I :! tii--; · i, n aLii :! ~~- ... od~~ ~ ::~= ~ a", sa. e 'r""'" ~; 1 ~ y ~ ! = ~_ "-:Ii.. :r at ~I il= ~ ~ ~! l' ~... ~ .f!1 ~ ~r" I '" -!i .. . 'll I., _, ai' II -/ ,.IG: ... ~.... ..~... " ,. C - . " tt II \i ~ i v. :s .... . . .y. l ~ ] ~ OIl I , ....:.,. .;.- iJ ::i ~'-,l ". , . ;:: />I. V . w' ... ~:'. ~'A. ~. tA"d~. , ~ .. 1&1 I GI '0. ~ I @ OC '" ~ ~ I. ~ .l.~3au.s S I.. --11'II:-- .~ .' i ,,, 1 , 1 lQ ~ ~l iI :II r l ~ I -I II I ~ &1 .. ~ ::1 ~I ~-. 1~~ ., II 1:1 ~I .II , I I . I d ~ ._-f ,,"-n"~ ~"Ul II" I" '.,.1. I 8JI '.#1 .. ..,. I I . I I 1b I ~J al:1 5 ~l I I I I I I I t ~ - Iii' ~I . NOJ."'l",= HI fill ~t 9.. We're taking television into tomorrow. . TCI Cablevision of . California 3/20/97 Marta Kozera Kier & Wright 3350 Scott Blvd., Bldg. 22 Santa Clara, CA. 95054 Subject: Tract 8922 - Campbell Dear Ms. Kozera: After reviewing yout' project, TCI has no objection to the recording of this map provided it conforms with the revised map submitted to this office, showing a P.U.E., as shown upon said Tentative Parcel Map. With regard to futme submissions: 1. All improvements within TCI's right-of-way need to be approved by Tel. Please submit 2 copies to this office, to the attention of Jerry Isbill, Construction Manager, at (408) 452-9100. 2. Any existing overhead and or underground facilities which are evident in the field should be ploned on the proposed map from the field data. If, in the opinion of Tel, due to the nature of the facilities or to the fact that the facilities cross proposed boundary lines, then dedication of a P.D.E. will be requested by Tel. If you have any questions, please call (408) 452-9100. Sincerely, ~MM> ~ Romeo Ulep Engineering and Design 234 EaSI Gif;h Road P.O. Box 114 San Jose. CA 95103-0114 (408) 45Nl100 FAX (408) 452-5720 An EqV81 Opporluniry EmplCYCf Pacific Gas and at-. , Company Land Rights Office 111 Almaden Bouleva(~ PO. Box 15005 San Jose. CA 95115-00(}5 March 18, 1996 In Kier & Wright Civil Engineers & Surveyors, Inc., 3350 Scott Boulevard, Building 22 Santa Clara, Ca 95054 Attn: Marta Kozera Re: Tentative Parcel Map Job# 96043 OUf File: 0541L64938 Dear Ms Kozera: Thank you for submitting the proposed map for OUf review. This allows PG&E to protect existing facilities and associated rights, and to request dedications of Public Utility Easements (p.U.E.) as needed. PG&E has no objection to the recording of this map provided it conforms with the revised map submitted to tbis office. With regard to future submissions: 1. All improvements within PG&E's transmission rights-of-way need to be approved by PG&E's Land Rights Office.. Please submit four (4) copies of the improvement plans to this office, to the attention of Tom Zlatunich, Land Agent, at telephone (408) 282- 7106. 2. The e,ostence and nature of any PG&E interests need to be shown on proposed maps per Sec. 66436 of the Subdivision Map Act. PG&E has the option as to signature. 3. Any existing overhead and/or underground facilities which are evident in the field should be plotted on the proposed map from field data. If. in the opinion ofPG&E, due to the nature of the facililies or due to the fact that the facilities cross proposed bOllodary lines, then dedication of a P. U. E. will be requested by PG&E. If you have any questions or need further assistance please contact me at the above address or at telephone (408) 282-7564, E-mail JJT2@pge.com 't~IY, I ~J~es' Swor Land Technician ScDuth Coast Area-San J~se CHICAGO TIl ,-JE COMPANY Issuing Office: 110 West Taylor Street San Jose, California 95110 Phone: (408) 292-4212 Escrow Location: 110 W. Taylor Street San Jose, California 95110-2131 Phone: (408) 292 -4212 Fax: (408) 282 -1404 Escrow No. 000768340 WM ESCROW OFFICER: william Magleby Bill Magleby CTC Escrow - Bill Magleby 110 W. Taylor Street Commerical Dept. San Jose, California 95110 Order No. Reference: Regarding: 768340 LM 1681 Bucknall Road Campbell, California Dated as of: February 25, 1997 at 7: 30 AM In response to the above referenced application for a policy of title insurQllce, CHICAGO 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 ~et forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or refer,(ed to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, ~o"nditions an9 stipulations of said Policy forms. The printed Exceptions and Exclusi.~'from th~ cO\lerage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be. Tl}Pyare availa?J&from the office which issued the report. / f" Ii ,,'" . Please read the excep~ shown Of ieferred to in Schedule B and the exceptions and exclusions set forth in the attached list of this r4pottcarefully. The exceptions and exclusions are meant to provide you with notice of matters which are not cov4€J undetJhlterms of the title insurance policy and should be carefully considered. It is important to~~te;thaH1us preliminary report is not a written representation as to the condition of title and may not list all liens, de~!Jland 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 AN 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 tills report is: CALIPORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY /,;:;' " (? - . J pr/l.&L-- - JL-.. Laura Miller Title Officer PFPG4 - 11/07/94 AA COM ITMENT FOR TITLE INSU~ \LNCE SCHEDULE A Order No. 768340 LM Your Ref: VARR J. ANTHONY 1. Effective Date: February 25, 1997 2, Policy or Policies to be issued: at 7: 30 AM CLTA Standard Coverage Policy Proposed Insured: Amount $650,000.00 John Nicoli, A Maaried Man As His Sole and Separate Property 3, The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE 4. Title to said estate or interest in said land is at the effective date hereof vested in: John Nicoli, a Married Man As His Sole and Separate Property and Albert K. Pierce, a Married Man As His Sole and Separate Property 5, The land referred to in this Commitment is in the State of California, County of SANTA CLARA and is described as follows: SEE ATTACHED DESCRIPTION COMMrTA-02/25/92-lrc DESCRIPTION Page 1 Order No. 768340 LM All that certain Real Property in the City of Campbell, County of Santa Clara, State of California, described as follows: Beginning at a point in the monument line of Bucknall Road at the Southeasterly corner of that tract of land described in the deed from Francis A. Gonsalves, et ux, to Della May Garthwait, dated March 31, 1949, recorded April 22, 1949 in Book 1776, Official Records, Page 446, Santa Clara County Records; said monument line being a line which is parallel with and distant 22.00 feet Southerly measured at right angles from the Northerly line of Bucknall Road, as the same originally existed; thence running along said parallel line N. 88 degrees 29 minutes E. 110.00 feet to a Southwesterly corner of Tract No. 2991 Quirked Plaza, Unit No.2, a Map of which was filed for record in the Office of the Recorder of the County of Santa Clara, State of California in January 11, 1962 in Book 142 of Maps, at Page 4; thence running along a Westerl1r line of said Tract No. 2991, N. 0 degrees 29 minutes E. 200.00 feet; thence leaving said line and running parallel with the said monument line of Bucknall Road S. 88 degrees 29 minutes W. 110.00 feet to the Northeasterly corner of land so described in the deed to said Garthwait; thence along the Easterly line of land so described in the deed to said Garthwait S. 0 degrees 98 minutes W. 200.00 feet to the Point of Beginning, and being a portion of the Quito Rancho. COW"\iITMENT FOR TITLE INSUu ANCE u~HEDULE B - Section 1 Order No. Pal!:e 1 768340 LM Your Ref: REQUIREMENTS The following are the requirements to be complied with: Instruments in insurable form which must be executed, delivered and duly rued for record: 1. A Grant Deed from Albert K. pierce to the proposed insured. COMMITB-02/25/92.lrc COM ITMENT FOR TITLE INSU~ \NCE SCHEDULE B - Section L. Order No: 768340 Page 1 LM Your Ref: Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B, In addition to the Exceptions shown below, any standard coverage policy of title insurance issued under the terms of this commitment will contain the applicable Exclusions and Exceptions shown on attached list. Exceptions: 1. Taxes for the fiscal year 1997-98, a lien not yet payable. 2. General and Special Taxes and Assessments, if any, for the fiscal year 19 96-97 Assessment No.: Code No.: First Installment: Second Installment: Assessed Valuation Of Personal Property: NONE Homeowners Exemption: $None 403-36-089 10-046 $1,336.35 $1,336.35 Paid Due and payable 3. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 4. Right of the Public to use as a Roadway so much of said land that lies within the boundary lines of Bucknal Road. LM/cg COMMITB2-02/25/92-lrc "..:>40)/ j WOODGL:N B '- DRIVE + ~9.~ 10l lto rOJ" r0.10 79 QS J 880<<:;. I I'D" 'U 12 liG J" - I~ of- I~ t; '--,iQ. I ~ I::;; --, I~ I~ " . ~ II I~ II\) '0 116,'97 "" 00 60 ,.. 117 II' FULTON 150 115,~ I I l~ \1.>. \1>, I I~ 10 -, 0\ 'I I N I~ I I _1-1-1- _iii ___.____J 7',~ I IJl I (l) I -.j I 65~8 X , J~ _ f-iS,iiO-I--7S-T-..-1---+--::: , l\l -1\'>11 ~1~1~I<ilx .J " I I I ------- I I~ I~ I~ Ii> Ii> J~ 5 1& J~ 1 1'8 110 \"' I~ I'" I~ ___~____Ii\ ~! \ \ .J ~ IJII '3~ sr.,! , I~ \0 ~I ,," /OJ ~?~ ~S,OI~ Wlt-JSLOW C/l ~;;". '" '" I~ It;} <. -u:z: Rl:;); I. m tN '" }o1Jl 'N ~'" ?i COURT <l ,. a> o < '" I I I r Vi I 10, I I ,l> " I~ lffi IS! 'I I IlS I;;; I~ - , I '~ 1 I i'" .. t (7l I I I ~ I OJ '" I N I &I 111 '" -.j IL~~ I 6Z W J "" ~ I w I '" w I IV I 0 I '" L I I I: ~ I:; 0; :;; l~ ~ (~ I~ lill l~ I~ '~ I I I I I I I ., c '" ~ .... ..,. I~ I~ lID .. --!.~!!. I~ :_~ ~ o " ~, :r: <lIS - .... -l :€: o g i:1 IlS ~, ;~ I:::J ~~: __~Ul__ ' "" _...!O__ I~ .. ....~ ID$; \~ l;\ \~ g ~ " __!E.'~__~ , 170J \~ ~ \&l I ., '" IlT-rr- I w I en I I;: :;~ ~ r I~ I 1 I I .. __W.J.6__ I ~07 I <J> I Iii Il-l~ I I I ,::4 41.0' I ~ I I ~ I~ I I ! 16" "' :~ .. 1<;\ ....;: ""2 ~ ,,\'>1 .,;:: ",," "'" '.I~ W \ _ 1,:.1" --- - - ---- .- 10l..60 17 -46 'i Xi :llff I, 6Z .$ n.Q6 "'9."1 n.s STREET -+ ~ ~ ~ I"l )> ~ -0 OJ m r- r- ;><; ;Q ~il ~q )> :< I r I. j; 12.)3 zill I n,n Hi ,,' Ig - I N I .. Ig fI ~ -l +, l~ ~ ~llS 1~~1" ; \:: ~ I:::I~ Ig1....glg \,j,Il:! ci, :ll () I 4 I 1:4 I 1:4 J cc:S -l _ '~LLL2Ui'-L~.n n~' fi.? .... ~ .... n 2i ~: t. '"' ~ ~ }>o \0 ~ ... r~ Q) Z rrlll ~ 30' ;:: J ~ ! '.:'0 :-1 ....1.. ~ ~ ~~ t~ .. ~_"R.J" r.,) ~!;: l,Q~1 u . "'L.:r:_.!.".!.O-- c .... IIljf 41.10 N l'1 ~ Cr:y." l~ .. E' ~ ~ ~~-;-~I:-:~l:l .... t..,.. 0 t2- n _Jl.JCL. I ~L'.~ t::~. t ~ s ~:. ~ ~__.Jll..1Q..__ ~ r.~" I~ a> 1$ '" :s .. ,5 f-'" :::0 o '1 .~~'7.n ;0'-1 " ..... -=r .-: ~ ~. ..'" :l U . ;., ..~;\i '1 (l. "O~~'JI'\~~':;~ I'J ~ "o~~1~~-C;-ll:~~~~~\ f;3~"'~ ~~,p~'I1'~..,,'l""" .~ ;~.~.~~' -- rJ LJ B , -, ~.; ...-; - ~. ::". ::r 0) / ~ ,.~ ~ ~ ,~r l: ,. Vi c ~~ ~; '" 3 ~~ ~ ~ 0.. ~ r. '" I ~:f, ~~2 \..FfI/ I .- 8, ",,;1: :1t. ..~ ~ fill i, T! ...:~ i ~ ? p ~ ~ ~ ~ c ~ I'.~,\ " ";:! ,'"''' 'il .....n. ,~' v f ) ~ ;J: > \~ Z ::2 Ii: c -ti " :z: S r~ ,-~ :~'.,~ ....~-i .~ COMIY1ITMENT FOR TITLE INSUhANCE SCHEDULE A Order No. 768340 LM Your Ref: VARR, J. ANTHONY 1. Effective Date: February 25, 1997 2. Policy or Policies to be issued: at 7: 30 AM CLTA Standard Coverage Policy proposed Insured: John Nicoli, A Manried Man As His Sole and Separate Property Amount $650,000.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE 4. Title to said estate or interest in said land is at the effective date hereof vested in: John Nicoli, a Married Man As His Sole and Separate Property and Albert K. Pierce, a Married Man As His Sole and Separate Property 5. The land referred to in this Commitment is in the State of California, County of SANTA CLARA and is described as follows: SEE ATTA(HED DESCRIPTION COMMITA-02/25/92.lrc DESCRIPTION Order No. 768340 LM Page 1 All that certain Real Property in the City of Campbell, County of Santa Clara, State of California, described as follows: Beginning at a point in the monument line of Bucknall Road at the Southeasterly corner of that tract of land described in the deed from Francis A. Gonsalves, et ux, to Della May Garthwait, dated March 31, 1949, recorded April 22, 1949 in Book 1776, Official Records, Page 446, Santa Clara County Records; said monument line being a line which is parallel with and distant 22.00 feet Southerly measured at right allgles from the Northerly line of Bucknall Road, as the same originally existed; thence running along said parallel line N. 88 degrees 29 minutes E. 110.00 feet to a Southwesterly corner of Tract No. 2991 Quirked Plaza, Unit No.2, a Map of which was filed for record in the Office of the Recorder of the County of Santa Clara, State of California in January 11, 1962 in Book 142 of Maps, at Page 4; thence running along a Westerly line of said Tract No. 2991, N. 0 degrees 29 minutes E. 200.00 feet; thence leaving said line and running parallel with the said monument line of Bucknall Road S. 88 degrees 29 minutes W. 110.00 feet to the Northeasterly corner of land so described in the deed to said Garthwait; thence along the Easterly line of land so described in the deed to said Garthwait S. 0 degrees 98 minutes W. 200.00 feet to the Point of Beginning, and being a portion of the Quito Rancho. CO~ IITMENT FOR TITLE INSl: ANCE SCHEDULE B - Section 1 Order No. Pal!e 1 768340 LM Your Ref: REQUIREMENTS The following are the requirements to be complied with: Instruments in insurable form which must be executed, delivered and duly rued for record: 1. A Grant Deed from Albert K. pierce to the proposed insured. COMMIT8-02/25/92'lrc COMlu1TMENT FOR TITLE INSU~-1NCE SCHEDULE B - Section 2 Order No: 768340 Page 1 LM Your Ref: Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, fIrst appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment, B. In addition to the Exceptions shown below, any standard coverage policy of title insurance issued under the terms of this commitment will contain the applicable Exclusions and Exceptions shown on attached list. Exceptions: 1. Taxes for the fiscal year 1997-98, a lien not yet payable. 2. General and Special Taxes and Assessments, if any, for the fiscal year 19 96-97 Assessment No.: Code No.: First Installment: Second Installment: Assessed Valuation Of Personal Property: NONE Homeowners Exemption: $None 403-36-089 10-046 $1,336.35 $1,336.35 Paid Due and Payable 3. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 4. Right of the Public to use as a Roadway so much of said land that lies within the boundary lines of Bucknal Road. LM/cg COMMfTB2-02/25/92-I,c ,I I~ B ~'9.~ 10, ~OJ'" rOJO 19Q~ 1884':) I..~ 'U 'Ill jO ~ I~ 15!-- 'i ............./.!.g...... cs I ~ ~ ~ 1(/ CD .. ::; iD i:D .9 I I .... .. / '.i3Cl-53 5 / ;;; 9r_6i 6LO! litIS J:"3 I I /1/ " l\:l 10 I~ Ill! 'lIl k> ~ I" -, I" I~ I I\l I l)J I 1> I U1 _~~_6'..,h--'-m!i~'" II) I ..., I '" - I I ;; , 1 II I~ ~'I~ I I~ I l:g I I I 1 116.97 EO eo EO I.fS IZ7 III FULTON 1$0 IIS.~ j I~ w ~I \ ~_-'-~____~~ I~ I'" 1(;., I I~ 10 "I 'I I N '" I I I _ I _ I _ I _ _ II: ?S ___.____-l ,5.:' I 11l 1 O'l I " I 65~" 11 ~-; , I~ _ l-iS,iO-,--'.-T-...-J---+--::: ~ ~ , I\j -1"'1 N 1~1",1i:Di; q Ill:'" 101 --------{ I~ I~:~ Ii; Iw I~ 5 1& 1~ 1 1'8 I~ I'" I~ I'" I~ ___~____IV; ~!: I ,.1 IV , '3~ 51."75 \D~I ~ ~ /OJ U.OI~ WIt-lSLOW ~;;.. I~ :JI t It:! ~ I~ 'Uz: is::oS; ,. m:tN '" }>11l 'N ~N ~ ~9.~ COURT >> lXl 0 < '" 'lOG 1~ I~ I'" ... I~ 'lOO '" '" '" <L o '" ~ r- I I I r v; I 101 I I ,)> " I~ I~ I III 'I I I~ Ii- I~ ~ i Z ''IJ I I i" 1'1 I I I '" '" N I '" I ~ 4> I 11l '" ..., 61..'7 I 6Z Ul 1 .., ~ I Ul I ~ ... I '" 1 0 I L I I I~ \:? \:; ~ l~ ~ I~ I~ 1;;3 I~ 1<;1 ~ I I ~ I I I I 1 -..!..4.!!. " , .... '- "" ~, :r: ~S - ..., --4 :f- a a 0;" 0:=" I~ M ....... wi I~ '" ~~ !! l:::j lS~: __ lI'UL_ ' _..!O__ \~ ~ I~ sS <> --~~--~ "- 1743 "42 '" " .0'2 "T-rr- \~ ttl I w I ~ ::: I~ ....;:: 1 00 I I ~ " ...g I I 1 -0; r- Iii ~ I:: ~~ ~ __Jl!1J.'__ I 19: Il-I~ I~ i I~ I I ;; I~ ~;:i .." I I I loft .~ ! "64 ! 16" I ~ ____~"2__ _91 .7 .7 I u --- 59.'1 'Z 4$ STREET -- ........ !5.ll1<< "'.oIIJl n.! I r II i' U,:U lilS I n.n I.. ..' 11: - I N I .. I~ Y~-l +....I~~~Il!:I~~?.. i ~ ~ I::: I~ 11:1...1:11: t.l"Ii:l I :ll n I. I (:4 I (:4 J ~6~ -l _ T~,-LL2l't..L~n n:E' ::i ~ ~ ::..' ,,",z Q): ~ Z: III )>0 III rl: Cll r.C: I 30' I , /-... ::u o 'I ~ 0'.... ~:. ~ ~ :-; .;: .:.. :::. ~'. =r :... ,~ {. .~::; ~ .! .:I l.' .~ U. r: ,~ ~ c.'.. v; o i~ ~; ~ 3 0~ =- Q. G .-- ;: n _0 ;r: ;r: ... o z .!!T.., D II<, 1-\1- 1(;., (') > s: ~ co m r- ,... l> :< -+ I'\, ~ ~ Ci f!! r- l> ~ -+ ~ ----- ~' '1 (;;;;\ ~ 4i"i; ~~. i~'I'~~p lQ;1 u . "L~_.!.o~o__ 0 ,~41.10 N ~ ~ '~_~.Ji.:~~1 ~ ~ ~~ 18 Ole _ n _SA- S ::;....ni ;:~. ~ ~ I ....:. , 1S--..I9.1q,,-- ~ (.'~. I~ 0> !$ ~ ~ l> '" '" >> , Q'l'cl;\~ ~';) - j!3 ~o" ",\~'Sl 'I"~ 1O~ ....1........:...,...,l~..3;:s:\ 0")'\'" \10 ,_~\,.\~..l...,,':p ~ .......~.~ ;.:, ~ - il.1.\ ~(J ~ ~ >- ,.. ,., .' s, I /'~, ~~~ \.ffl./ I rJ LJ B .l~4 f~ i !* ~~ I at ~ 7- r ~ ~ -. ~ ~ I 0,;... '; Z ) E ;z: > ,""" ';r ."l', .~~ I~ 2 :2 s: c -d " 2 :s; ,;f ~~ ~\::"'$ ~ ~;. :...,\ 'I NO.417 415 gf>~ 9721 P.2/3 MAR.21.1997 3:42PM KIER ~ WRIG~T Mar-~l-~f OB:09A John ~'col~ .. . I I I. I . r! P.02 Plcllle ........_ ~ Led lipu ORielS 111 ..., Bl11/1fviIfd PO,801(15OQS SMJOSr.. CA9S11S,1l105 Mach 18, 1996 lCierl&WriPt C~iI EnaiHers I: SUNCJOb, 1JIc,. 33$0 Scott Boulevard. Bw1dins :zz s... CII,." Ca 9S0S4 Ann; Marta l(oura &8: Tanative Partel M.p Job1I96043 <>UrPlle:OS41L6-493K Dear M!I Kouri: Thank you for !Ubmitling the proposed map for OUr rtYicw. This allows PCHtE lO prottta existing facilities IftcI ulaciated rights, and to request dedications of Public ULility Easements (P.U.E.) as uecded. .caE h8. 110 objem.. to the ruotdlDg of tbis 1IIIIp provided It tAaftfGnld with the re\l'iHd map .ulnniltld to this OfrlCe. Witb regard to filrure JOb_.ems: L ~l improvementS within PGU's mnsmissiOfl ripu-ot-WI)' oeecl to be If'llroved by PQ&E's Land Rights OOice., Please submit four (4)\;opies oCthe improvement plans to Ibis office, to the attention of Tom ZJa1Unich. Land Alent, at telcpJao"e (401) 282- 7106. 2. The ~.eace ad "&'CUre of any PCAE iJ1lOre1tl need In be abown on proposed maps per See. 66436 atme Subdivision Map Act. PG.tE Us the option U '0 siga.an.re. J. luJy adsting O\'er-head andfor underground fllCiJilios which 8J'e evident ill dae field should bo ploUCcl on the proposed m.p from field data. If. in the opinion afPG&~" due to the DANI'CI ofthe facililies or due tD lhe &ct that tbc fdUes eTOSS proposed bO\ladll)' lines. 1hen dedi~.aOD of _ P. U.E. wiU be requested by PO&E. If you have aay questions Ot need fiulber uasrancc pJeue COnta~l me IIl11c above address or at telephone (408) 282.-7564, E-mail JJT2@pge.com I!;~~ StAior LInd TCduliciln Seuth. COUl Area-San 1..e MAR.21.199? 3:43PM KIER & WRIGHT Mar-~~-~' ~B:OgA ~ghn Ni~g'1 NO.41? P,3/3 415 ~~e 9721 P.g3 "f'rr r_inc u:lcYIsion iafo IDmorru. <II .... TCI Cablevision of ~., California 3120J97 Mana Koura Kier & Wright 3550 Scott Blvd,. Bldg. 22 Santa Clara. CA. 95054 Subject: Tract 1922 - Campbell Oear Ms, Kazera; .. After revlewins yoW' project, Tel has no objection to the recording oftbis map provided it ~onfOnDS with the revised map submifted to this office, sbowinr a PU,e.. as shown upon said Tentati\*e Parcel Map. With regard 10 f\mIrc submissions: 1. A11lmptovetntDts within reI's right-af-way need to be awreved'by Tel. Please submit;2 copies to this office. to the attention ef1erry Is~ CODStNCtion Manqer, at (408) 452-9100. 2. Any exUUnI overbft4 me! 01 WldcrgrOud facilities which are tMdcnl in tile field should be ploned on T.he proposed map from the field data. If, in me opwoa. of Tel, dUe to the natUre of the facilities or to the fact that the facilities ClOSS propose4 boundaty lU1es. then d.eclicauoll of a P.U.E. will be requested by TCI. If yOU haw mlY quesUoDS. please Qll (408) 452..9100, . Sincerely, ~ll4,&.o r.6y.----. Romeo ute., EnCiJxeriDs and Design 2)4 e.,j\ GlPI ~1lI11 ....0. .811 "4 !ill" J"JfI, CIo 15'~1 t.. 141l114li'StVll ~"" (4otlI$2'5T2D "" '"I/II 0IH/ltIM, f"'Jlarcr CITY OF CAMPBELL DEPARTMENT OF PUBLIC WORKS LOCAL IMPROVEMENT BOND OBLIGATION DATE:_~:...~_~~~~- APPLICATION NO. 770568 1681 Bucknall Road, Tract No. 8922 APN: 4d6:%i6iii9 403-36-089 Improvement District No, None ------ Public Works review for Local Improvement Bond Obligations on subject lands has found: x No bond obligations are or will become due within the next fiscal year. Bond obligations are or will become due within the next fiscal year. On as assessment schedule was submitted to the County. As assessment schedule is enclosed. Applicant shall prepare an assessment diagram (or amended assessment diagram). Submit same for Public Works approval and preparation of assessment schedule. Assistant Engineer ----------------------------- Title ----------------------------- Public Works Department City of Campbell 70 North First street, Campbell, CA 95008 (408)866-2163 ----------------- ----------------------------- Address Telephone t>/l="rl S3JI^~3S '^3Q 31~I~ O~~JIHJ W~Lv:0! L6. v2 ~~W ,~,,, =- --... " ! ... ,-- .H .: '" , . -=- I q:j ~\:rl . . ,,,,ii' '8 'L --, ~ 1J3 I.';; E ~ l$ Jj Q ,"" ,,~. .l .4~~~ L, 3 G ;;..~ 1:. !~ _I ;:4~ ~ ~: ~ I' , ~ . ~ ,; ,~ 'j .. ,f' . ~": ," , . ~i~ ~lc; i t. =1 a c I "0 .~;:.. "'I--i i; : "i~ . .. I CIl .Z .. gUll ; sIt 1 ; i ~Ig :I ~- ... .1Im~... :,.= ~ :3. sa. a -f""'c'" r-;; I ~ y ~ ! ~ ~. -e-:Ji.. :r;,~!;I= !I;' ~ f l' i" ~ ~1 ~ r --_!..: -!i.. _/ ula: ... "".,. !!! u -----.. ., ~ oC ,. t~ 4 ,\ ~ i V. ~ ... . ~ .y. l -- ~ j l;. .. I I ....:.. .;.~ ii ~. ~~.l ~ ~ />/' v' , ~: ... t:". ~'... ~.~ P:,,:!,'d~. , ... .- lloI I CII 'Q. 2 ( @ ~ '" .. ~ t +- ..33au.5 ~ Lu ~ .. .. j ." I , I ~ ~ ~l tI 11 r l - R I I I II I I ~ 11 - ~ :.1:1 111 ~.. 1~~ III II III Ill! " I ... III l r: . I d 0= ._-f ,,"-n"~ CIOC*XVI)I I'" I" 'y.l, . ,,~, "II oM tI,t I I I I JtIJ ~~ I I I a I _ I ,.. I '" IJ I a, =1 -I I I ", ,. I :J I fJ I ~ - , I I ~I ~ ~l ~ le. ~ <' ~I I ~ I I 'It ~I Nr ~I . NOJ.1".= 11II .,. ~I "10 .. = I ~ ~ ~, ~I ~ I 22320 FOOTHILL BOULEVARD, HAYWARD, CALIFORNIA 94541-2739 (510) 537-12.00 APPLICATION NO. 770568 @ CHICAGO TITLE COMPANY March 24, 1997 VIA FAX 408-376-0958 City of Campbell Cruz Gomez 70 North First Street Campbell. CA 95008 RE: TRACT NO. 8922 - APN: 403-36-089 Gentlemen: Enclosed please find the form regarding Local Improvement Bond Obligations, together with a copy of the APN Map. Please provide information on any new bonds anticipated to affect the above property in the upcoming fiscal year. This letter is required by the County of Santa Clara prior to issuance of the Controller's Letter. Please indicate the Application No. on the Bond Letter and fax the completed letter to my attention, Return original to my attention in the enclosed self addressed envelope, Services Enc. t'/Z'd S3)I^d3S '^3G 3l~I~ 05~)IH) W~Lt':OT L6. t?Z d~W cmCAGO TITLE COMPANY 22320 FOOTlDLL BOULEVARD HAYWARD. CA. 94541 FAX . 51()"581-88S8 PHONE' 510-537-4040 EXT. 203 FAX FROM THE DESK. OF MARY K. FINLEY D _ R _ E _ CONSUL'!' AH'l' DEVELOPMENT SERVICES DEPARTMENT DATE: 3-24-97 TO: Cruz Gomez, City of Campbell FROM: Mary 1<. Finley RE: Tract 8922 FAX NO: 408-376-0958 NUMBER OF PAGES (INCLUDING THIS PAGE): 3 Chuck, This is a super rush. ~ 'l'ho _terials enclo.ed. with this facsimile tranllJlld..iou are pri"..te IUlti oonfideutial aucl are t.he Jl)roperty of the aeDder. '!he infopaatian t':antaill.e4 in the aateriiil is p;rbrileged aIld ie intended only for the use of the in4ividua.l(s) or antity(iee) DAIIllllId abov... :r.f you are not the i.nten4e4 recip:l.ent., be a4...:I..e4 t.hat any unauthorize4 4i.closura. copying. 4i.t.ribut.ion or t.be t.aking of any act.ion in reliance on t.he cont.ent.. of this informatioD ie strictly prohibited. :r.f you have received this faceimiIe traneDliludon in error, please notify uS i.1II.aediately by telephono "0 that we dan arrange for return of t.he fOnfarde4 4oc:uaent.s. Thank You v/t . d S:DIACl3S 'A3Q 3l1H O~t:DIH) L~tl9t':01 2.6. t'2 CltlW 70 N. First Street, Campbell CA 95008 FAX (408)866-8381 , City of Campbell Fax To: Jackie Nicoli From: Barbara Ryan Fax: (415) 968-9721 Pages: 1 Phone: (408)866-2193 Date: 3/20/97 Re: CC & Rs for 1681 Bucknall (aka Della Court) Public Works has pointed out that the CC & Rs are lacking in maintenance provisions for Lot 7. the Common Lot. Section 5.01 makes no mention of maintenance responsibility for the upkeep of the driveway pavement (repair, reconstruct and sweep clean). for drainage maintenance in this central area, and for maintaining Fire District provisions (red-curbing, noticing/signing regarding no parking within the area of Lot 7 in order to provide for fire-fighting access). I notice that the issue we had discussed. the way to coordinate the upkeep of the driveway paving which crosses both private and common property lots, with no defining boundary, is not addressed. The upkeep of the pavement of the entire driveway should be the responsibility of the Homeowners Association. In this way a repair, surfacing. etc. may be more easily done. without having to figure out who owes what or waiting until someone wants to pay their fair share. There is also no provision for the HOA to maintain the improvements within the Public Right of Way. In other CC &Rs we have, prepared by Bill Vierra, the wording is: Public Richt of Way Imorovements The Association shall also maintain. repair and reconstruct all landscape, irrigation and hardscape in the public right-of-way to the back of the curb. Mar-21-97 10:20A John N;col; 4159GB 9721 ,-,ac .. ....1I1CtrtD ~ Land Rights Office 111 Almadtn 8nulMl'IJ PO 801115005 San.!me. CA 95,,5-000'i March J 8. 1996 ~ Kier " Wright Civil Ensineers " Surveyors. 1nc . 33S0 Sc;ott Boulevard. Building 22 Slat. CI..... Ca 95054 Actn: Marta Kozen Re: Tentative Parcel Map Jo~ 96043 Our File: OS41L6-4931 Oar Ms Kozera Thank you for submitting the proposed map fOI OUf review, This alJow~ PG&E to protect existing faalities and associated rights. UJd to request dedic;ations of Public UlJlity Easements (p,U.E.) as needed PGAE b., no objecl1oa to Ute RCordlDg or tbis map provided it conronu with tbe revised map 5ubnaitted to tbis omu. With reBai'd to future submissions: I. All improvementS within PG&.E's tranSmission rights-of-way ~ to be approved by PG&E's Land Rights Office.. Please submit four (4) copies of the: improvement plans to this office, to the attention of Tom Zlatunich, Land Agent. at telc:phone (408) 282- 7106. 2. The e,asteoce and nature of any PG&E interests need to be :moWD on proposed maps peT Sec. 66436 oCtbe Subdivision Map~. PG&E has the option as to signatUre. J. Any cxistinS overhead andlor underground facilitiC$ which are tvident in the field should be plotted on me proposed map tram fieJd data. If. in the opinion ofPG&E, due to the nature of the facililie$ or due to the fact that the fdries cross proposed boundary linC$, then dedication of a P.U.E, will bo requested by PGelE. If you have l11y questions Or need further aNistimCC please contact me at the above address or at tdephone (408) 282-7S64, e-mail JJT2@pge.com 'l:~lY'h . J1 ijtJ~e5~- Sauor Land Teclmic:ian Seuth Coast Area-San l,se P.02 Mar-21-97 10:21A John Nicoli 4159GB 9721 ~'rc (.1ilJ( f,'rv;fiaQ iato IOfnOnv_ P.03 ~ TCI Cablevision of ...., California 3120/97 Marta Ko~ra Kia & Wright 3350 Scott Blvd, Bldl. 22 Santa CJIIJ'a. CA. 95054 Subject: Tract 1922 - Campbell Dear Ms. Kozen: After reviewini your projec.t. rCI has no objection to the recording of this map provided it conforms with the revised map submitted to this office, sbowina & P.U.E.. u shown U1KXl said Tentative Pano:el Map. With regard to future submissions; 1. All improvements within Tel's right-of-way need to be approved by Tel. Please submit 2 copies to this office, to the attention of Jmy Isbill, Construction Manager, at (408) 452-9100. 2. Any existing ovcrhc8d ancl or underground facilities which 8le evident in the field should be ploned on the proposed map from the field da1a. If. in the opinion of Tel, due to the nature of the facilities or to the fact that the facilities CtoSS proposed. boundary lines. then dedi<:ation of a P.U.E. will be requested by TCJ. If you Iulve any questioQS, please call (408) 452-9100. Sincerely, ~~~ Romeo Ulep Eulineerio, ud Design ~ ~."l O/tLh "0lI1l P.o, 8OIl1' & Sail JOtc. CA "T03-<l' 14 (4011 452.9t00 J:U (4081 4$2.!7lO An 1!~11" ~ E'"fIIf1TCt Mar-1B-97 04:04P John N;col; r,",",. ~ ( . .I. ":?":!( C. "'......., "'< ~ WI<'!\,H I - - Tel Cablevision of ...., California 12/10/96 MIna Kozen. KlEllA WlUGJIT 33S0 Scott Blvd., BuilcIiDs 22 Santa Clara., CA 9S0S4 /(JEll & WRIGHt OfC la 1996 I ItaC., t' ~O 4159GB 9721 rlQ, 141 P.02 P,2'2 - ~ twar television iato romotIOII( Subject: ----=-_.___--:,-_4._._.___._ _ ____ _ .._. __,______ __ _-..__________."'_-___. ____ TRACT 1922 . Campbell Dear Ms. Kozera: After reviewia& your project, TCI hu no objections but would like to retain and maintain our exiAjna CIbIe linea within !be work limits. If you have any quesliODl, please clll (401) 452.9100. SiDcerely, .2,~ ~ Romeo Ulep Daip and Jl.~ .--- ........-,. 2~~G..,,~ P,O, l:IOJl114 San Jose, CA 9510.'4.0"4 1_1462"'00 FAll: 14Oe1 452-5720 M IiftIGI ~I'" E,"~ Mar-lB-97 04:05P John N;co1; 415 96B 9721 P.03 CHICAGO TITLE COMPANY I88uing Office: 110 West Taylor Street san JOSe, California 95110 Phone: (408) 292-4212 Escrow Location: ~10 W. Taylor Street San Jos@, California 95110.2131 Phone: (408) 292-4212 Fax: (408) 282.1404 Es~row NO. 000768310 WM ESCROW OFFICER: william Magleby Bill ~gleby CTC Escrow - Bill Magleby 110 W. Taylor Street COCl1&\\erical Dept. San Jose, California 95110 Order No. Reference: Regarding: 7U340 LM 1681 Budmall Road Campbell, California Dated as of: Pebruary 25, 1997 at 7: 30 AM In response to the ahnvc rcferem:ed application for a policy of title insur,ncc, CHICAGO TITI..B COMPANY ." hcreby reports that it is prcpared to issue, or cause tll he is.'lUcd, lL<; of lbe date hereof. a Policy or Politic!>. lIfTille Insurance descrihing the land and tbe estate or interest thcrew hereinafter }let fllrth, insuring against loss which may he sustained by rcason of any defect, lien or encumbrance not shown or rc;fcr.rcd 10 a.<> an El\.ccptiuD in Schedule B or not excluded from cover. pursuant to the printed Schedules, Conditions an9 stipulatjQn~ of said Plllil:y forms. .' liP The printed Exccptiun... and Excl~9G:S'from the CO\lerage of said Policy or Policies lirc s&:t furth in the attached tist. Copi~ of the Policy forms should be. T~ are availab.ltl"from the office which issued the repurt. .' ""." fI Please read the eKep~ ahown Of ieferred to in Schedule B and the excepti01ll and eWuUDIIS set forth in the attached list of this nIport CU'cfully. The acepbolU mid esdusions are meant to prmide you with Dotice of matten winch are not ~ uadert)ll'terml of the title iDaurance policy and should be carefully c:ODIidered. It ill important to~teth.a.t1us preliminary report ill DOt. written repreaeotatioD u to the amditiOD of title ad may oot list all lieD', de~mid cDcumbruccs affecting title to the laDd. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AN 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 tit1&: in.'1uranl:e contemplated by t.us report is: CALIJ'OIUlIA LAJfD TITLE ASSOCUTIOII STAllDJUW C:OVKRACD POLICY ,...". ' J' - ,/ l)-' .. ,/ - .~-- .,,' / ( / p/t( l..l,L./. --.~ Laura Miller Title Officer ~1"O<l-11!O'!MM Mar-lB-97 04:05P John N;co1; 415 96B 9721 P.04 COMMITMENT FOR TITLE INSURANCE SCHEDULE A Order No. 768340 LM Your Ref: VARR J ANTHONY 1. Errcl:tive Date: February 25, 1997 2. Policy ur Policies to be issued: at 7; 3 0 AM CLTA Standard Coverage Policy proposed Ineured; Amount $650,000.00 .John Nico1i, A Ma.ried Man As Hi~ Sole and Separate Property 3. The e~htte IIr interest in the land d~bcd or referred to in this Commitment and covered herein is: A f'EE 4. Title to said estate or interest in said land is al the effective date hereof vested in: John Nicoli, a Married Man As His Sole and Separate Property and Albert K. Pierce, a Married Man As His Sole and Separate Property 5. The land referred to in thi., CommitmeDt is in the State uf California. County of SANTA CLARA and is described lIS follows: SEE ATTACHED DESCRIPTION ~M1!lI25/112-ln: Mar-lB-97 04:05P John N;col; 4159GB 9721 P.05 DESCRIPTION Page 1 Order Nu. 768340 LM All that certain R@al Property in the City of Campbell, County of Santa Clara. State of California, described as follows: Beginning at a point in the mOnument line of Buckoall Road at the Southeasterly corner of that tract of land described in the deed from Francis A. Gonsalves, et ux, to Della May Garthwait, dated March ll, 1949, recorded April 22, 1949 in Book 1776, Official Records, Page 446, Santa Clara County Records; said monument line being a line which is parallel with and distant 22.00 feet Southerly measured at right aflgles from the Northerly line of Bucknal1 Road, au the same originally existed; thence running along said parallel line N. 88 degrees 29 minutes E. 110.00 feet to a Southwesterly corner of Tract No. 2991 Quirked Plaza, Unit No.2, a Map of which was filed for record in the Office of the Recorder of the County of Santa Clara, State of California in January 11, 1962 in Book 142 of Map., at Page 4; thence running along a We8terl~' line of said Tract No. 2991, N. 0 degrees 29 minutes E. 200.00 feet; thence leaving said line and running parallel with the said monument line of Bucknal1 Road S. 88 degrees 29 minutes W. 110.00 feet to the North.asterly corner of land 80 de8cribed in the deed to 8aid Garthwaiti thence along the Easterly line of land so described in the deed to said Garthwait S. 0 degrees 98 minute. W. 200.00 feet to the Point of Beginning, and being a portion of the Quito Rancho. Mar-1B-97 04:06P John N;col; 415 96B 9721 P.07 COM~NTFORTITLEINSURANCE SCHEDULE B - Section 2 Order No: 768340 Page 1 LM Your Ref: Schedule B of the poli,y or po1i,ies to be issued will contain exception., 10 the following matters unless the same are disposed of to the satisfaction of the Company: A. Defectli. liens, encumbrance$, adverse claims or other matters, if by, created, fir~t appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date rhe proposed Insured acquin:!i fur value of record the estate or interest or mortgage thcn;un wvered hy this Cummitment B. In addition to the Exceptions shuwn below, any standard coverage policy uf title inllulllDcc i~"ucd under the termli uf thi... cummitment will contain the applicable Exclu...ion.'i and Exceptions shown on attached list. Exceptions: 1. Taxes for the fiscal year 1997-98, a lien not yet payable. 2. General and Special Taxes and AaBe8sments, if any, for the fiscal year 19 96.91 AsseS8ment No. : 403-36-089 Code No.: lO-04~ First Installment: $1,336.35 Paid Second Installment: $1,336.35 Oue and payable Assessed Valuation Of Personal Property: NONE Homeowners Exemption: $None 3. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 4. Right of the Public to use &s a Roadway so much of said land that lies within the boundary linea of Bucknal Road. LM/cg <::0Mllm1I2 02/nlon_ Mar-lB-97 04:05P John N;col; 415 96B 9721 P.06 COM_oAITMENTFOR TITIEINSUlL .~CE SCHEDULE B - Section 1 Order No. PaKe 1 768340 10M Your Ref; REQUIREMENTS Thl; following ilrc Ihe rcquircmcnb to be complied with: In...trument!. in insurable form which mu!S1 he cxccuted, delivered lInd duly filed for record: 1. A Grant Deed from Albert K. Pierce to the proposed insured. c:aNTlI~(251112.1", It;l .~~ 'O~ .<$ I~ QI .. a; il> .. .. ..... I , N ~ / b 'i! I~ I~ /:-. I / '0" .' os & I << I~ Is 't I I~ I~ ~ 1"- II J , I r" -1",lull'" '" "'0 I '''rn~.!' _._~ · I ... I '" z I I I~ .! I~ : I~ I I~ I I I I "" I~ '.. "1 " ~ ilfJ "'t }" N \ .... :61 'I "'01 I I -I .. I .... I ... I III I I 1- I I~ I '~ ,'I. , I I I I I I 10 I I _n ". ., II r=UL TON .., ,It. I I '~ 'llI 1"- '~I: I~ ,~ - J~ '" i '" "', _1_'_'0.1_';11 ___'____J .."" I '" , '" I ... +' IIQI,. .1: j ~ 1-i!~---'..-T-..-1--- -- II 'f, . ,;:: - I I 'I - , .. \:J' ~ ,~ Cl 'Il. ... _______..J I;' I; :_ 11- . _~ ~ I .. I~ ,.. 9> - .. .. ~ ~ I~~ 0 IS 'l I II! ''\J (I~ (I~ I!~:;: -'~ I I Ie'" - --~--- ~ , , I J; N ..I '] z \D.I :, ~ .. 94DI~ ")~.. 't' ItJ ~~~ ~ .. Q << ... \It '" '" I I I:; '81 I I I q , I I II), , " I '" , ~ In , , I ~ I ... I I t I_ I': ,- IS I~ Ii Ii! I I I I 4... I ..f~ ,,,, I,l' l I I r I I l> 1 1% r I~ - - Z I " ;a. i I'l I I I '" I III ... I "' I ("; I '" I ... I 1 , ~ ~ If. ." lal 1 I I I I I ... .. .. ... 'a: ~ .. ,.. '5 '" f- .' . ... .... Il I~ :; ~ . -~" i-~. u: .1 'TN "._ TI' U' 'Z9" 1(11\1t.....OOt> 'lAtA -r.l' \ I~ '::' -- ~ 1:::1 ;i ::c i~ ~- 1lIl _..lO__ -4 ~ __.JIUl__ 8 . ~ t:: I;)l ...- IIil ,.. .5 0 .. "'.I: "- ... .. -_!!'~-- .. OJ '10 T-"(T- I II I I;l/ I !:J I .. - li>j ...:$ Ii , I I ~ ::" .. I I 1 ,-. _ _ JItM.._ 'ii ~ \: :;~ z !fa: I. I~ I~ r 'ao: I I h Ill! t1;t' ~ 1 I I ~ j I ".4 I ,._, ! _.~ -..' ., ':Of ,~ ~) '1"'(" .,. II' I ..,.. ~. '" '10 J " '~ ..OJ... _ .., ....~ ~ f ~ '- ~ I~ I~ rho ..'. H .. N. "'lfl 415 96B 9721 DelIV, .. sn~rET -+ ~' r " - ...~ li.. I..... I:J .,' Ii - 1 N , vi IS '11 rI I .... . Ii.. -... "1~ III ... H~ I~-r ! ~: I:: I~ ~ ~ 'r ~ III I,.,n 1.101'j m-1~ -1 ~~LI ..r:~ f~" Co.... I 10'- "', '- n~' ~ _ :;; ~ :; ~ Xz eft: t \I ~ ~ Z~ .. E . )>0 .. 0 r-~ lit z T'" ~ '0' ... I . ~." ~ l:j I ~ ~ ~ .~ ;;. " :8 , !! i .~!7_1' @ ~ ,.., . ~ ." ~ m r- ~ > :< 'i:i~ ~&. ~~'I'~]!: .-1 u . ~L.r:_.!..o.!.o__ D ~.~. K "~I : - ~!-- ~ -~. ,.. = u '0-. IS _MoIL_ .' ~ r ; III ..g. ~. _ ij_..aL_ ~ - . ~ .' :l (\. .')11- ;;.i~~,,1 ,. .:lo~~.~"~~'~"""'" 110"..... '\~..1. .,. ~--....~~... ~~ .1.1.\ ~" lI: ~ I /'.~ \f; I ~~ P.OB 'i ~'t .'& :;, 1 ."., :i-' ~ s 1 I ; ~ "Ill J ~ '\ .~ f ./'l ::2 / .- ~ "'! ~ i ,'> ~ ~ ~ B :., RESOLUTION NO. 9211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A FINAL TRACT MAP FOR TRACT NO. 8922, ACCEPTING THE DEDICATIONS OFFERED THEREON, AND AUTHORIZING THE MA YOR TO EXECUTE THE STREET IMPROVEMENT AGREEMENT BE IT RESOLVED by the City Council of the City of Campbell, California, as follows: The City hereby approves the Final Tract Map for Tract No. 8922 and consents to recording of the map, the dedications offered on the map are accepted for the purposes for which the same are offered, and the Mayor is authorized to execute a Street Improvement Agreement with John S, Nicoli to install street improvements for Tract No. 8922 at 1681 Bucknall. PASSED AND ADOPTED this 1st day of April, 1997, by the following roll call vote: AYES: Councilmembers: Dougherty, Watson, Dean, Furtado, Conant NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: ~~.~ BARBARA D. CONANT, MAYOR ~ e ~ee, City Clerk ~,..\L. ~) -- ~JND FOR FAITHFUL PERFORM~~CE BOND NO.006008530 PREMIUM: $760,00 We"the undersigned JOHN S.. NICOLI , (hereinafter "Contractor") and FAR WEST INSURANCE COMPANY , a corporation organized under the laws of the State of NEBRASKA , and authorized to transact business in the State of California, as Surety, are obligated to the City of Campbell, (hereinafter "City") a municipal corporation under the laws of the State of California, in the suml I OUSAND SIX HUNDRED DOLLARS ($ 38.600.00 ) for the payment of which sum 0 successors and assigns, jointly and severally by the following provisions: The condition of this obligation is: ~141997 PUoLIC Wv;...".- Because the obligated Contractor has, on ADMINISTRA TlON Contract with the City for the Project entitled TRACT NO. 8922. EP 96-246 and made a part of this bond, for construction of Project. , 19 , entered into written , a copy of which is attached Now. therefore. if the Contractor shall faithfully perfonn 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 effect. 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, contractor and surety have executed this agreement as of MARCH 1 i , 19-21-. (Contracto'j JOHN \~ BY~ ' Title D~. STREET, #550 CAMPBELL, CA 95008 (Attach Acknowledgments) Surety's Bond Number 006008530 (Accompany this bond with Attorney-in-fact's authority from Surety to execute the bond, certified to include the date of the bond,) (Both PrinpipaI's and Surety's Attorney in Fact) h: \landdev\buckbond(mp )wd Nn~RYACKNOWUDGMENT Slate of CALIFORNIA County of SANT A CLARA On 3/13/97 before me, VERONICA RAMIREZ Notary Public, personally appeared ROY G, FLETCHER (here insert name) 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 all 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 ot which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) J~~~~~~~~~~~J ~. VERONICA RAMIREZ ~ Commission' 1094210 ;; ~ Me> NotCIY PubDc - CaIfomIa ~ ~ Santa Clara County - j _ '_ ~ ~M:C:: e:r:~ 1~~ 1 CAPACITY CLAIMED BY SIGNER SIGNER,REPRESENTlNG NAME OF PEflSON(S) OR ENTITY(IESI = INDIVIDUAUS) o PARTNER(S) o GUARDIAN/CONSERVATOR . _ CORPORATE ~ ATTORNEY IN FACT OOniEfl FAR WEST INSURANCE OFFICERS Ii TRUSTEE(S) COMPANY o SUBSCRIBING WITNESS ATTENTION NOTARY: Although the information requested belOw is OPTIONAL it could Prevent fraUdulent attacnment of this cel111lcate. THIS CERTIFICATE MUST Document TIlle or Type: -fJ QfL.[;;C (r1.0 (\j' e rp1lL BE ATTACHED TO THE DOCUMENT DESCRIBED Number of Pages: 1- Document oate:3/ ( 3/97 HEREIN: , Signer(s) other than named above: County of J On before me, DATE >woIE, TITlE 01 OIFOCER, E G, "JNoE :>OE, I~ClfARY PUll.C' personally appeared NAMEtSIOF SIGNERISI 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 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. Witness my hand and oHicial seal, SlCiHATUfli 01' NOTARY o INDIVIDUA1.(S) (] CORPORATE OFFICER(S) TITlE S. o PARTNER(S) o ATTORNEY.IN.FACT o TRUSTEE(S) o SUBSCRIBING WITNESS o GUARDIAflUCONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME 01' PERSON(SI Oft EHTITYIIESI A TrENTlOH NOTARY: Although lI1e inlO"NUion requesllId below is OPTIONAl. it could plevelll /r~1ll ;a1lKhme1ll oIlhIa ce"diale 10 UNulhonZed document. THIS CERTIFICATE MUST BE A IT ACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date 01 Document Signer(s) Other Than Named Above ." .-"1.., . ALL. PURPOSE ACKNOWLEDGMENT ~S~~~~~~~ State of (' ~ \ \'~Q;(' Y\ ~. n, } CAPACITY CLAIMED BY SIG~ County of :=r, n~~ cr \ (\ ('(\ 0 INDIVIDUAl(S) o CORPORATE OFFICER(S) c ' ) I - ''VI \ l~ " E.a., 'JANE DOE. NOTARY flUkC' j personally appeared ~ b '" 'Y"\ S (\ 10. 6[ I ' , 'tnl. tW.lEISIOF SIONERISI o personally known to me ,~OR . '"1 proved to me on the basis 01 satisfactory evidence , to be the person(~ whose name~ i~ subscribed to the wnhin instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity~, and that by his/her/their signature~ on the instrument the personW, or the entity upon behalf of which the person~ acted, executed the instrument. Witness .. 'fJaJ\d and 0 ilea / . On ....--- TlTlE,SI o PARTNER(s) o ATTORNEY. IN. FACT o TRUsTEE(S) o SUBSCRIBING WITNESS o GUARDIANlCONsERVA TOR o OTHER: SIGNER IS REPRESENTING: tW.lE 01' PEFISON(SI Oft ENTlTYllESI . I A TrENTION NOTARY: AllllOugh the in/OImalion requested below is OPt NAl. il could plevenl fr;audulent ;anacnmenl 0/ lhis c8/tJlicate to UNUlhollzld doc,,~nl. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type ot Document Number 01 Pages Dale 01 Document Signer(s) Other Than Named Above ",OND FOR LABOR AND MATER ~ FAR WEST INSURANCE We, the undersigned JOHN S, NICOLI , (hereinafter "Principal") and COMPANY , a corporation organized under the laws of the State of NEBRASKA , 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 THIRTY-EIGHT THOUSAND SIX HUNDRED Dollars ($ 38.600.00) 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_, and entitled "'TRACT NO. 8922. EP 96-246 , 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. 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, JOHN S. NICOLI , as Principal, AND FAR WEST INSURANCE COMP~~ Surety, are obligated to the City of Campbell, in the sum of $ THIRTY EIGHT THOUSAND , 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 MARCH 13 ,1921-. RECEIVrED MAR 1 4'997 (Prindp>>!) JO~ NlfOLI BY~ ~ ~~ Title <tZ/~ - By f"'U ''-I\.. ... ADMINI~ /i{,; 11~N Address of Surety: CAMPBELL. CA Surety's Bond Number 006008530 (Accompany this bond with Attorney-in-fact's authority from Surety to execute the bond, certified to include the date of the bond.) (Attach Acknowledgments) (Both Principal's and Surety's Attorney in Fact) h: \landdev\buckbond(mp) wd NOTARY A CKNOWLEDGMEN7 State of CALIFORNIA County of SANTA CLARA On 3/13/97 before me, VERONICA RAMIREZ Notary Public, personaJly appeared ROY G. FLETCHER (here insert name) 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 aJl 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 at which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ~)urt (Seal) '....A..... ...-........................................... fj VERONICA RAMIREZ f ;s Commission #I 1094210 2 -. Notary PubRc - Callfomlaf '- Santa Clara County - My Comm. Expires Apr 11. 2(XX) CAPACITY CLAIMED BY SIGNER SIGNER-REPRESENTING NAME OF PERSON(SI OR ENTITY(IESl - D PARTNER(S) D GUARDIAN/CONSERVATOR ~ INDIVIDUAl{S) . _ CORPORATE []j ATTORNEY IN FACT DOniER FAR WEST INSURANCE OFFICERS n TRUSTEE(S) COMPANY . o SUBSCRIBING WITNESS ATTENTION NOTARY: Although the informallon requested below is OPTIONAL it could prevent fraudulent attadlment of this cenificat8. THIS CERTIFICATE MUST Document Tille or Type: fJ () J-.f /V\y /)" f- rJC/1CA. BE ATTACHED TO THE -.11 I DOCUMENT DESCRIBED Number of Pages: Document Date:..31 f ~/ q 7 HEREIN: I Signer!s) other than named above: .....;~~..1~O'6 l~eY e94\ ~~ County of J On befora me, CArE tWolE, T1T1.E 0# O#FI(ER ' E G, '~E :>OE. NOTARY PUkIC' personally appeared NAMEISIOF SIGNERIS) 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 ac- knowledged to me that he/she/they executed the same in his/her/their'Cluthorized 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. o INDIVIDUAL(S) o CORPORATE OFFICER(S) TITLE 5. o PARTNER(S) o ATTORNEY.IN.FACT o TRUSTEE(S) o SUBSCRIBING WITNESS o GUARDIAN/CONSEAVA TOR o OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYIIES) . SIGNATURE OF NOTARY ATTEHTlOH NOTARY: AIlhough!he inlollnallon reque'llld b4110w IS OPTIONAL, it could pteveflll'~fII.lIKhmefll oIlhIa celtl'ic..elO UNullloNld document. THIS CERTIFICATE MUST BE A IT ACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above '~.'--- ALL.PURPOSE ACKNOWLEDGMENT ~~~s~~~ State of (' Q\ ~ \ ~. 0Y\. (6, } CAPACITY CLAIMED BY SIG~ County of S(1~:\ r ll\ ,q 0 INDIVIDUAL(S) ) C' ~ b .':\ g I before me, ,--:J TE HAUE. TITLE 0# O#FIC On personally appeared NAMEIS) OF SIOHERIS) o personally known to me ,,~OR . 1sl proved to me on the basis of satisfactory evidence . T to be the person~ whose name~ isJtu8. subscribed to the Within instrument ~d ac. knowledged to me that he/she/they executed the same in his/her/their authorized capacity{+&st; and that by his/heft'their signaturets\ on the instrument the person~ or the entity upon behalf of which the perso~) acted. executed the instrument. Witne hand and o CORPORATE OFFICER(S) TlTlE,SI o PARTNER(S) o ATTORNEY.IN.FACT o TRUSTEE(S) o SUBSCRIBING WITNESS o GUARDIANlCONSERV A TOR o OTHER: SIGNER IS REPRESENTING: NAME 01' PEASONIS) OR ENT/TYIIESI ATTENTION NOTARY: Although tne inlOlm.lion requlSled below i~ TIONAl. il could p'evenl',.udulent .n.1Chmenl ollhi. calldiale 10 ulWllllollzld docu~nl. THIS CERTIFICATE MUST BE A IT ACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number 01 Pages Dale of Document Signer(s) Other Than Named Above ~ , READ CAREFULLY This document is printed on white paper containing the artificial watermarked logo C~ ) of Amwest Surety Insurance Company, the parent co, of Far West Insurance Company (the "Company"), on the front and brown security paper on the back, Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA No representations or warranties regarding this POA may be made by any person, This POA is governed by the laws of the State of California and is only valid until the expiration date, The Company shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company, Any party concerned about the validity of this PQA or an accompanying Company bond should call your local branch office at (4011) 559-6988 KNOW ALL BY THESE PRESENT, that Far West Insurance Company, a Nebraska corporation (the "Company"), does hereby make. constitute and appoint: ROY G. FLETCHER AS AN EMPLOYEE OF FAR WEST BOND SERVICES ~ its true and lawful Attorney-in-fact, with limited power and authority for and on behalf of the Company ~ ~ execute i thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Millero~ perfo~ce the nature thereof as follow: ~ All Other Bonds $**5,000,000.00 Federal Contract (performance & Payment) $****479,000,00 ............. _ Guonnt<oI......p to '''I~'''OOO.OO ~ ~~"""'\ "'" to b;ru! too ~...y _by Th;, "po;.""''';' ""'0 w>d~ ~d by '"thori~.",^ ~4~".o aow m full f.~o "'" or"" I, the undersigned secretary of Far West Insurance Company, a Nebras~~on~DO ~~E~at this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions ill ~ ofDir ; sVo~ ~~wer of Attorney, and that the relevant provisions of the By-Laws of the Company, are now in full force and effect ~ ~ Bond No. 006008530 Signed&Sealedthi~O M CH ML~ P ~ Karen G, Cohen, Secretary . . . . . . . . . . . RES IONS~ O~ F DIRECTORS . . . . . . . . . . . Article II, Section 7 of the By-Laws ofFarWestarance Compan . P is sign d sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors 0 est Insu e om y a~~ef g duly held on July 28, 1983: RESOLVED, that the President or anY~c es ent, in~cti wi~ ~cretary or any Assistant Secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the~'ns nt e den~in ent in ,cn case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakin ces, ty Ip o~ons of all kinds; and said officers may remove any such attorney-in,fact or agent and revoke any POA previously granted to c person~ ~y RESOLVED FURTHER, that any bo ,unde 'ng, r gni suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President or any Vi res t an ~ and sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any c res' ent ~~tary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or age t; or ~.". (iii) when duly executed and sealed (if required) ~ne or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by e ompany to such person or persons, RESOLVED FURTHER, that the signa re of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and del Ivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Far West Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 14th day of December, 1995, ~ ~1"'.-/ P ~ 9~ ~hn E sava~Z:~ ~ Karen G. Cohen, Secretary State of California County of Los Angeles On December 14,1995 before me, Peggy B. Lofton Notary Public, personally appeared John E Savage and Karen G. Cohen, 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 all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) t :;='nen~he~~n~ o~..he...nt~ u~n.b..ehl of whIch ~~fil~rn~~(s) acted. executed the Instrument. ""'" \J R 4"""" WITNESS hand and official seal . PEG:GV I.IDF1'CW """~ s.................lv C"'", $ CommIIIIon # 1C61D61 i .f ".......~POA ....... ~'<:. 2. NoIaIyN:llc-CaIfodI ~ f /..../CP AI,;.........."\ Signature . (Seal)! LoaAngtil.Ccu'IIy 1- : CI) i ~ ~O' () " Mv Comm. ExpnehAg 6.1999 =Wi- DEC.14 ~OE = : '::; F \X{ ----.....-................------......-........-- ~~\ 1995 !~: \ \. -t ~ /'tl! ar est \, ~;.......~l!J 0 {l.. s*:......'..4/ ""':..::1 ....:..~.........,... ~"'~' Insurance Company 1/11""'11111111\"""" 2 WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY SERVING RESIDENTS OF CITY OF CAMPBELL TOWN OF LOS GA TOS CITY OF MONTE SERENO CITY OF SARA TOGA UNINCORPORA TED AREA 100 East Sunnyoaks Avenue Campbell, California 95008 Telephone (408) 378-2407 March 14, 1997 City of Campbell Planning Dept. 70 N. First St. Campbell, CA 95008 IECI:IV,Y, MAR 141997 4.L"n\rUI....L~,! ~"... RE: Tract 8922 1681 Bucknall Rd., Campbell Please consider this letter as a conditional clearance to allow the developer of the above referenced tract to have the tract map recorded. Improvement plans, inspection deposit, and plan check fees have been submitted to this office. The improvement plans have not yet been given final approval by the district. Please do not issue any building or plumbing permits until it has been verified that all remaining requirements from WVSD have been met by the developer. If you have any questions, please do not hesitate to call Don Toy at this office. Very truly yours, ~ District Manager and Engineer by Don Toy Junior Civil Engineer (FORMERLY COUNTY SANITATION DISTRICT NO 4) I.lJJ San Jose Water Company 374 West Santa Clara St San Jose, CA 95196,0001 Phone Number (408)279-7827 Fax Number (408)292-5812 Writer's Direct Number (408)279-7874 March 14, 1997 City of Campbell Public Works Department Engineering Division 70 North 1st Street Campbell, CA 95008 REC~J"F~ MAR 1 4 1997 ."I,J"r.)t!' I:t ~ '. Attention: I. Harold Housley REFERENCE: Tract 8922 Bucknall Road Gentlemen: This letter is being written at Development Company regarding the referenced project. the request of Nicoli-Pierce Tract Map for the above- Please be informed that upon review of the Final Map, the PSE (Lot 7) to be granted appears adequate and satisfactory for the installation of our proposed water facilities. vJe have no objections to the recordation of the map. Furthermore, We do not anticipate any conflicts occurring between any existing water line easements or rights (if there are any) and those resulting from the creation of this subdivision. If you have any questions or require further information, please contact this office at (408) 279-7874. /'~ r71Y, . .. \,,///~~r/L ,6~//~~r"./ / JAMES R, BARITEAU New Business Representative JRB: NB96-327.doc Letter picked by: John Nicoli of Nicoli-Pierce Development Company CHICAGO TIr E COMPANY Issuing Office; 110 West Taylor Street San Jose, California 95110 Phone: (4 08) 292 - 4 212 Escrow Location: 110 W. Taylor Street San Jose, California 95110-2131 Phone: (408) 292-4212 Fax: (408) 282-1404 Escrow No. 000768340 WM ESCROW OFFICER: William Magleby Bill Magleby CTC Escrow - Bill Magleby 110 W. Taylor Street Commerical Dept. San Jose, California 95110 Order No. Reference: Regarding: 768340 LM 1681 Bucknall Road Campbell, California R E C E TV!: '" MAR 141997 Dated as of: February 25, 1997 at 7: 30 AM ....."'" ..... In response to the above referenced application for a policy of title insUI1Plce, ADMINISTRA IIVI~ CHICAGO 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 ~hich may be sustained by reason of any defect, lien or encumbrance not, shown or refer.(ed to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules~ ~onditions an9 Stipulations of said Policy forms, .~ # ." The printed Exceptions and Exclus~~~ 'from th(: cMterage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be. Tl).ey are availa~Jiflrom the office whlch issued the report. . .,', {1 Please re~d the e~cep~ diownOf-referred t? in Schedule ~ and the exceptions ~d excl~ons se.t forth in the attached list of this rctPottcarefulIy. The exceptions and exclUSIOns are meant to prOVIde you WIth notice of matters which are not covft/!J undet,f,Juf1:erms of the title insurance policy and should be carefully considered. It is important to~te;thakhis preliminary report is not a written representation as to the condition of title and may not list all liens, de~Jland 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 AN 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: CALIFORNIA LAND TITLB ASSOCIATION STANDARD COVERAGB POLICY 7/"---, /) --, /' '/.' . . / pf/t2L/ ^-~ Laura Miller Title Officer PFPG4 - 11/07/94 AA COW. ~ITMENTFOR TITLEINSU"'- \NCE SCHEDULE A Order No. 768340 LM Your Ref: VARR J. ANTHONY 1. Effective Date: February 25, 1997 2, Policy or Policies to be issued: at 7:30 AM CLTA Standard Coverage Policy Proposed Insured: John Nicoli, A MaEried Man As His Sole and Separate Property Amount $650,000.00 3, The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE 4. Title to said estate or interest in said land is at the effective date hereof vested in: John Nicoli, a Married Man As His Sole and Separate Property and Albert K. Pierce, a Married Man As His Sole and Separate Property 5. The land referred to in this Commitment is in the State of California, County of SANTA CLARA and is described as follows: SEE ATTACHED DESCRIPTION COMMITA-02/25/92-lrc DESCRIPTION Page 1 Order No. 76B340 LM All that certain Real Property in the City of Campbell, County of Santa Clara, State of California, described as follows: Beginning at a point in the monument line of Bucknall Road at the Southeasterly corner of that tract of land described in the deed from Francis A. Gonsalves, et ux, to Della May Garthwait, dated March 31, 1949, recorded April 22, 1949 in Book 1776, Official Records, Page 446, Santa Clara County Records; said monument line being a line which is parallel with and distant 22.00 feet Southerly measured at right angles from the Northerly line of Bucknall Road, as the same originally existed; thence running along said parallel line N. BB degrees 29 minutes E. 110.00 feet to a Southwesterly corner of Tract No. 2991 Quirked Plaza, Unit No.2, a Map of which was filed for record in the Office of the Recorder of the County of Santa Clara, State of California in January 11, 1962 in Book 142 of Maps, at Page 4; thence running along a Westerly line of said Tract No. 2991, N. 0 degrees 29 minutes E. 200.00 feet; thence leaving said line and running parallel with the said monument line of Bucknall Road S. BB degrees 29 minutes W. 110.00 feet to the Northeasterly corner of land so described in the deed to said Garthwait; thence along the Easterly line of land so described in the deed to said Garthwait S. 0 degrees 9B minutes W. 200.00 feet to the Point of Beginning, and being a portion of the Quito Rancho. CO~MITMENT FOR TITLE INSU~CE _CHEDULE B - Section 1 Order No. Page 1 768340 LM Your Ref: REQUIREMENTS The following are the requirements to be complied with: Instruments in insurable form which must be executed, delivered and duly ftled for record: 1. A Grant Deec from Albert K. pierce to the proposed insured. COMMITB-02/25/92-lrc CO~'- "ITMENT FOR TITLE INSU'" \NCE SCHEDULE B - Section ~ Order No: 768340 Page 1 LM Your Ref: Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, fIrst appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. In addition to the Exceptions shown below, any standard coverage policy of title insurance issued under the terms of this commitment will contain the applicable Exclusions and Exceptions shown on attached list. Exceptions: 1. Taxes for the fiscal year 1997-98, a lien not yet payable. 2. General and Special Taxes and Assessments, if any, for the fiscal year 19 96-97 Assessment No.: Code No.: First Installment: Second Installment: Assessed Valuation Of Personal Property: NONE Homeowners Exemption: $None 403-36-089 10-046 $1,336.35 $1,336.35 Paid Due and Payable 3. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 4. Right of the Public to use as a Roadway so much of said land that lies within the boundary lines of Bucknal Road. LM/cg COMMITB2-02/25/92-lrc \ I ';) t i; ~ WOODGL~N I~ iil U,41 59 'J< ~ ~q.~ 10, " " 1Cl) 91_61 61,O~ "" 1",6 lOll TRACT I-l~ '2560 to'" ""-'s I I I " 1\Jl IS 't I I~ I Ill( ~ I I I I I\) I UI I J> c.n ~~-1 I I CD I '-l '" ----,i5 ~ I 6: I~ _I I~ I I~ ..' II\) .. I $) I IllV97 EO I EO eo "6 lIT fig FULTON 150 115,~ I I 10 '~ '~ I~: '~ I~ N ~ I 1_1_1_1-1_1 ________J 75:' I <n I en 1 o,J 1 650;8 i: _ r-iS,io-,--is-T-..-j---+--.. I~ _ I '" 1 '" 1 ~ I '" I Ui ~ Ill:'" ,01 _______-1 I;;; 1-. I 1 <h " I~ I~ ~; IUi I~ 5 1& 't< I 1'8 ''\j I" I~ i"' I~ ___~____Iv: ~!: I I ~ ~I ~'3'" 51." 65 (:j \D~I::,:: 10J IJ _~~? ~,Ol~ Wlt-JSLOW en ~~.. '" '" I~ AS -o:z: is :;lj;: ,. ill ~N IV )><n 'N ~N f.i COURT .~ >> '" o < '" I I I I I~ I~ I I \ I '" I I U1 I I I ~ I 1 I L 1_ I~ I~ ~ I~ I'" I \ 'w I"", ~~o,;. " ". "" ~~ " I 1 r Ill, 1 1 .l> 'I 1 I~ \i. I~ '^t I I i'" IT1 I I I$ I '" I fl\ '" '-l I 6Z ~ 1 w 1 IV 1 0 1 '" I I IS: l:;; 0; I~ I~ ,~ IQl I I I I I I '/DO 0 in '" I~ ~ " r- '\'J '" .j> 61.1)'1 UJ w :.. I"" f\) :<( _..!..<f.:!!. "'" 1111 I~ I~ I'" " C'l "1. flU 11fO Tt'., IJ' '2991 KIRKWOOD PLAZA -IJ' ~ , ... I_~ ... ~, :z:: ~I!: - ..'" -l ~ o g ~::l I~ I~ ~, ~~ .. o ':::1 ~~, __JQllI__ ' '100 _.!O_ _ I~ .. .1>." \OJ: \fg l;l I~ 8: " __~l:__~ "- 11.oJ U.oi 10 ". "T-C:- \~ It! 1 w I ~ .... II>; .I>.;:l I ... .... I I '" .. ...g I I I -.. r- Iii ~ I; :;~ ~ __.I2W__ I \&l Il-I~ I~ i I~ I I ~.. I~ 1:10:: 1 I I .. ~ 91 ., ! ",4 ! I'" 1 W ____~r?2___ ., 00 I 1: :t Q DRIVE + t 10.,1iO ::;:/t I~ ~ Ii"" ki II?~F!if I, 8 ~ .......-.......lle... f--......... CJ ,~1' .....! ---~.. .h :: I~ ---Ii;{ w ~, J; H! ~ / '" I", ,,"""V ....... ~;; ~l' '...... r . "~ i: Ii\; ......7 ...........~s-4 I~ t$g~ ..... /j !~/;f ........... ~ ' ;f' '..... I I", 'c:::- I it ....................... '--- ~ '" . 1"- "f..... ,~ ~ 'f '" " "IV I "..z..,,. t~~ iii.... CD 10I1Ir .....,...... ~ 'D ................... I ru -......._.' I~ ~ ~ l -..........~.~I ..JJo I '...... ...... 1- ..... ..........-J"!1 II>, '10 ru /fJ1 , " ~7 mrT1i<4l. I .'.~80' :: 2..05 ,... '51 ~ N I - SS I ~ I;;; ,jj1 .'" ICll I'" 1'4 '.. ... I I 09.. I 62 .6 10JO 86 <.; BS,faS ~',"" STREET ~ ^ ;0 ~i1 ~q 10JoI 79 9~ I I I.." 'U 12 'iG j" - 1<:; ~ 15;- I ~.... .....'ig lei! ~ ......... I~ I r 10 Ii ZUJ .isl lun I.. ..' Ig - I N I ... Ig f/ ~ -l +.... ill ~ ;Ig I~"'~" : ~ ~ I::: I~ Ig I.... gig \oj, III I ~ n 1 4 I t4 I t4 J ~6~ -i '~,-LL2UiL..L~.1I n:e' :;i? ...,:; ..., n "z en::: t:: ~ ~ z::t CD it '" )>0 CD 0 r~ Ql Z 1JVI , >> 30 ;:: I >> , t-... :0 o '\ .!~7.155 ~S?~ .. ~ ~ ~ ~ 77"" ., I.... .... of ;E (;;;\ ~ I"'l l> ~ "0 Q)' m r- r- )> < ..:.0 .1 ,',11" ] :; ~~ I~ .. ::~~~. ll\) ".~ "'L,:r:_.!9.!'L- 0 "'_1I~ 42..10 N ITI ~ .~. I~ ... ~I ~ :; ~~_;~I:-:~' r- t: U. 0 tI n _.11.10- ..K '1.1 110 ..... ;:: ~ : I~ .....e 0.. : ~__.Jll.1Q.._-"" ~ c~. I~ CD ~ 9 ~ 01'cl!"'I ~'I')'1 .... ,,0'0 v\~~....~ lP1lll~ 'clO~~?~~-";:t~~1?~\G1t ~~~~ 'P"~l' ;L~~")l'~~ -- ::. 7 (0 ..- ~.~ ~ 1:-' .~ u. ~~s l:.. VI G ;~ ~; " 3 ,:.~ ~ ~ 5. lI: 'r. 1'1 I ~,.""\ ~~2 \..~...I I ., 8. IJ Lj B ~i' ,~ ,~ "T,;.- ~:!: ..'\.ii. .iii-), i t! .....i,j.. ".-/~ >> I ~ ~ ~ ~ > ~ ~ I ':~ 1=:~ J ':~ ~ z ~ ~ ;z: >> I~ :Z ~ ~ c -ti '" z 5: At' / ..~ - '~~ 70 N. First Street, Campbell CA 95008 FAX (408)866-8381 City of Campbell Fax To: Jackie Nicoli From: Barbara Ryan Fax: (415) 968-9721 Pages: 1 Phone: (408) 866-2193 Date: 3/13/97 Re: Street Name for 1681 Bucknall project cc: Chuck Gomez, Public Works Fire and Police have approved the proposed name, Della Court. I have passed this information to Darlene Becker, in the Buildiong Department, who assigns street numbers (866-2130). Steve Piasecki is not here today, but his direction was that the name be historic, and be approved by the above two agencies. A.s Della is historic, per the records we have. the name is approved. / " ~9 ~,~ ~ . c, ... ~ ....6. .. .~~.) .,~- ~ \~/,., ~(\~.. ~tJ.~ CHECKLIST FOR FINAL PARCEL MAPS AND TRACT MAPS ~. ~ APPLICATION NO.: ADDRESS: 168 i e"C(~ A/4L'--120 TR . I1q 2 Z CITY OF CAMPBELL DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION --.J ~ .,~ ~ ,J ~ r{ .,. \).;--. ~/~ 0\ 0"\,j}J ~ ~~~ 'S I [}CJ! -A ~ 'I(-~ G Instructions: This checklist provides advance notification to applicants of the City of Campbell's final map preparation and submittal requirements. Using this checklist will expedite your application through the City's review process. Prior to submitting a final Parcel and Tract Map to the City Engineer, please place an ...x.. in the space to the right of each item below to indicate you have complied with, or place N/A --===-. to indicate that the particular item does not apply. Review applicable Subdivision Map Act Sections, which are referenced in parentheses, before checking off each item. D ITEMS IOK INA I CO~r:NTS I A. GENERAL 1 Map agrees with the approved Tentative Map. >\' 2 Map complies with Conditions of Approval K regarding dedications. 3 All documents contain Assessor's Parcel NIT Numbers. 4 Easements and monuments correspond with the X improvement plans. 5 Title Report and map reflect fee ownership. X 6 Full map size is 18" x 26" on mylar with 1" X border (16" x 24" inside border). 7 All sheets are numbered. X 8 No stick-on seals, lettering or details exist. X 9 Map is suitable for microfilming. X 10 New road names approved by the Civic A/Ir Improvement Commission. 0 ITEMS IOK INA I CO~:NTS I B. DEDICATION, CERTIFICATES & STATEMENTS 1 Dedicate public service easements as required )( for roadway or slope purposes. 2 Dedicate drainage and/or flood control N~ easements as required. 3 Conceal to dedication forms executed and notarized by existing easement holders over nf\ areas being dedicated for roadway purposes (66436(A)(i)). 4 Show, fully dimension and tie to map all X easements created and easements of record, including dedication Book and Page. 5 All easements shown for dedication have X appropriate wording in the Owner's Statement and purpose indicated on the map. 6 Waiver of Signatures on Map: Notification ~~ secured from public utilities and public - , agencies (66436 & 66445(f)). 7 Owner's Statement and Acknowledgment. >< (66436) 8 Name of person authorizing map (66436). X 9 Trustee's Statement and Acknowledgment ~\>\ (66436). 10 Soil Engineer's Statement (66443). y 11 Surveyor' s/Engineer' s Statement including signature, seal, number and expiration date X (66441 & 66449). 12 City Engineer's Statement including R.C.E. number and expiration date (66442 & 66450). X City Engineer is Michelle Quinney. Include separate statement for "Technically Correct" X review by Land Surveyor per Attachment B. -2- \ CITY ITEMS OK NA COMMENTS 13 City Clerk's Certificate (66464 & 66440). The )( City Clerk is Anne Bybee. 14 County Recorder's Statement (66496 & 66466). )( 15 All certificates and statements signed and / acknowledged with signatures & Notary seals are legible, using black media ink. (66436(c)). ~ OtutVer2's .j, I !t.//LvS'{OI1..S tJ^J FUv,!fL- :SU6tU/77f1f-. II rL A-fL -3- D ITEMS IOK INA I CO~TS I c. MONUMENTATION 1 Basis of Bearings: Two found monuments of Record appear in a statement and are labeled X on each map sheet (66434C). 2 Tie to Basis of Bearings (66434C). X 3 Tie to adjoining surveys, lands, streets, or senior conveyances, including Book and Page X of adjoining record maps/documents (66434C). 4 Tie to access street intersection. X 5 All monuments found, replaced or removed are described as to kind, size, tag numbers, X recorded reference/origin, and tied by survey to this map. 6 Monument right-of-way at BC, EC and ~ property lines. 7 Monument basis required in existing and X proposed City roads. 8 A monumented line shown on new subdivision roads with monuments set 8 feet off centerline N/A- with ties to right-of-way. 9 Minimum 2" nominal diameter I.P. required at N/Pr Section, quarter-Section and Rancho comers. -4- CITY ITEMS OK NA COMMENTS D. MATHEMATICAL ACCURACY & GEOMETRY 1 All bearings, distances, and curve information )( shown to nearest .01 feet and nearest second. 2 Curve data complete (A,R,L). X 3 Radial bearings of non-tangent curves shown. X 4 Areas net and gross calculated to nearest .01 X acre. (Net is gross area less area dedicated to City for roadway purposes.) 5 Minimum road centerline radius is 650', 200', 75', Street widths, setbacks, and/or required ~/1t widening shown. 6 Sum of increments equals total distance or delta X angle. 7 Math closures correct to 1 part in 20,000. The X sum of interior distances and curve data equal total. All areas compute accurately. -5- CITY ITEMS OK NA COMMENTS E. MAP BODY 1 Key or index map with sheets numbers shown "11+ (66445b). 2 Title Block: Place in upper center or upper tight of title sheet and upper center or upper right or lower right of map sheets; contains assigned subdivision number; subtitle refers to X existing maps/general descriptions of land surveyed as denoted in Title Report; and is below subdivision number. "City of Campbell, .-. California" is placed below subtitle. Date of survey, scale and firm name are shown. 3 North arrow shown. X 4 Use scale 40', 50' or 60' to 1" (66434 & X 66445) . 5 Minimum 1/8" lettering and symbol size used X for legibility. 6 Legend: Found monument = solid symbol. Set monument = open symbol. Also include X monument type, size, and tag number, city limit line, distinctive border line, relinquishment of Abutter's rights, record data, etc., or label on each map sheet. 7 Parcel Designation: Lots designated by numbers, parcels designated by letters )( (66445?).Each lot/parcel must be shown completely on one sheet. 8 Distinctive border and 1/16" solid black '^' boundary line shown around subdivision (66445 & 66434(e)). Monuments on boundary lines can be seen clearly. 9 City boundaries which cross or join the 111ft subdivision appear on the map. 10 Non-measured Record lines parenthesized. X -6- CITY ITEMS OK NA COMMENTS 11 Discrepancies with record data shown. Record )( information used must be clearly indicated. 12 Adjoining property owners, including Book and Page, and/or recent subdivisions (showing K lot/parcel) including recording information. 13 Show sidelines of all existing and record easements by dashed lines on map, all of which shall be adequately dimensioned with widths, /V/p.. lengths, bearings, and ties to the easements (94-4. 214(e)). Include recording information, to whom and purpose of easements. 14 Show approved legal access with record Book tv/4 and Page of instrument giving access. 15 Road names, correct spelling, right-of-way X width, centerline data, setback lines and/or required widening shown. 16 Privately-maintained road easements shown by dashed lines and publicly-maintained roads N/rr shown by solid lines. 17 Privately maintained road note shown. Place the words "Private Road, Not City Maintained" N/ft under road name. 18 Common area notation, condominium notes, X and air easement notes included. 19 County cadastral map grid numbers shown? J{f+ '\ -7- ~.' CITY ITEMS OK NA COMMENTS F. SUBMITTALS 1 Three checkprints of the map (all sheets). X 2 This completed Checklist with Engineer/Land X Surveyor of Work Statement signed per Attachment A. 3 Final Map Fee: ')( , , , Tract Map - $1,380.00 + $25.00/Lot - Parcel Map - $1,060.00 + $25.00/Lot - 4 Storm Drain Area fee: $ per Acre. 81' DE VELa PP-.-R 5 Preliminary Title Report current within 6 }( months). 6 Subdivision Guarantee. ~ 7-ll ~ /lvA-L SU81117-r f1 I' 7 Grant Deed(s) for the property(ies) surveyed. X 8 Adjoiner deeds and senior conveyances/deeds X called for in the surveyed property's deed. 9 Copy of unrecorded documents or maps, such as State right-of-way maps, used for ;NA preparation of this map, if any. 10 Boundary, street, and lot closures and other ~ calculations used to prepare this map. 11 Non-interference/waiver letters from applicable IN, public utilities and public agencies (66436). p,fU} ~.r~ 12 Street Improvement Agreement. 5, pe/Je f-()(.) 13-1( 13 Soils Report prepared by a registered X Geotechnical or Civil Engineer. 14 Legal descriptions. NPr J :\MAPCKLST Revised 3/27/96 -8- L ,,' ATIACHMENT A ENGINEER/LAND SURVEYOR OF WORK STATEMENT APPLICATION NO.: ADDRESS: 168/ i3 LICIt:. N AtL- RD. The map accompanying this checklist has been checked by me or under my direction for completeness and consistency with this check list. The map conforms with the requirements of the Professional Land Surveyor's Act, Subdivision Map Act, and applicable City Ordinances. The map is submitted for examination by the City Engineer. Date: 3-1- -9/ Name (Print): ~ lAJ I L SO to Signature: ~~ LS or RCE No.: L-::, G tf 'Z- ~ Expiration Date: /2, ?/ - 9 ~) -9- o ~. C.4-i( ~~~. ,o~tt'> ... r" U r" . . ,0\ . ... ~ ... "'. CJ.... O"CHAV.O' CITY OF CAMPBELL Public Works Department February 28, 1997 Mr. John Nicoli 181 Tan Oak Drive Scotts Valley, CA 95066 Subject: 1681 Bucknall Road, Tract 8922 Agreement, Bonds, Fees Dear Mr. Nicoli: Enclosed please find the agreement and the bonds to be executed and returned to the City for review and acceptance. The bonds are in the amount of $38,600. The fees due are as follows: 1. Plan Check and Inspection Fee, $4,632.00 2. Construction Cash Deposit, $1,544.00 3. Storm Drain Area Fee, $1,011.00 4. Monumentation Security, $2,500.00 Please call me at (408)866-2163 if you have any questions or comments. Very truly yours, ai-t~~#-z-r;-XZT.: Cruz S. G~' l) Assistant Engineer '-'" _ Enclosures cc: Harold Housley, Land Development Engineer Michelle Quinney, City Engineer H:\ WORD\LANDDEV\1681 BUC2(JD) 70 North First Street . Campbell, California 95008.1423 . TEL 408.866.1S~. W'F~#2572 . TOO 408.866.2790 SANTA CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT 14700 WINCHESTER BOULEVARD LOS GATOS, CA 95030-1818 SINCE 1947 CONTROL NUMBER BUILDING PERMIT NUMBER (408) 378AOlO FAX (408) 378-9342 PLAN REVIEW NUMBER 9 7 - 0 4 3 4 FILE NUMBER DEVELOPMENT REVIEW COMMENTS CODE/SEC. SHEET NO. REQUIREMENT t Review of a Tract Map for a new six lot subdivision. 'e~,,, ,~8281991 4D >....,. : M1N1srR '. 4 rlQ~ 1. Approved. Copy to City of Campbell Public Works. I I DISTRICT PLANS SPECS NEW RMDL AS OCCUPANCY CONST. TYPE PERMITTEE DATE I PAGE CBL D D D D D KIER & WRIGHT 02/27/97 ~OF~ SEC./FLOOR I AREA LOAD DESCRIPTION BY Residential Development Veargason, Chris '0 NAME OF PROJECT I LOCATION 1681 Bucknall Rd Proudly Serving Santa Clara County and the Communities oj: Campbell, Cupertino, Los Altos, Los Altos Hills. Los Gatos, Monte Sereno, Morgan Hill and Saratoga Of'C"'4t ~~.~,.,t;~~ ... r" U . r" .... . '" "- 10 .. ~. ,,' O~CH'\l\)' CITY OF CAMPBELL Public Works Department February 27, 1997 Mr. Lowell Baldwin Chief Title Officer All-Cal Title Company 901 Campisi Way, Suite 100 Campbell, CA 95008 Subject: 1681 Buclmall Road, Tract No. 8922 Local Improvement Bond Obligation, APN 403-36-089 Dear Mr. Baldwin: Enclosed is our Local Improvement Bond Obligation review letter as per your request dated February 27, 1997. Very truly yours, (Yt~~n CruzS.~~v v Assistant Engineer Enclosure H:\ WORD\LANDDEV\ALLCAL(JD) 70 North First Street' Campbell, California 95008,1423 . TEL 408.866.2150 . FAX 408.379,2572 . TOO 408.866.2790 NEW PW leAX # :4OR_Q ~ 1';;_000::. 0 CI'lY OF CAMPBELL PUBUC WORKS REVIEW LOCAL IMPROVEMENT BOND OBUGATION Date February 27, 1997 TR~O. 8922 APN 403-36-089 IMP DIST NO. None Public Works review for Local Improvement Bond Obligations on subject lands has found: fiI 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. tJU~rJ CRUZ " Z /J ,,./ ASSISTANT ENGINEER Title Public Works Department 70 N. First Street Address Campbell. CA 95008 (408)866-2150 Telephone Number )fl" Main Office: 901 Campisi Way, Suite 100 . Campbell, CA 95008 · (408) 559-3424 Fax: (408) 377-0284 D Willow Glen Branch: 1213 Uncoln Ave., Suite 108 . San Jose, CA 95125 . (408) 279-5099 Fax: (408) 279-1605 D Los Gatos Branch: 540 N. Santa Cruz Ave, Suite F . Los Gatos, CA 95030 · (408) 399-4600 Fax: (408) 395-6854 February 27, 1997 CRUZ GOMEZ ASSISTANT ENGINEER PUBLIC WORKS DEPARTMENT CITY OF CAMPBELL 70 N. FIRST STREET CAMPBELL, CA. RECEIveD FEB 211991 RE: BOND LETTER FOR TRACf NO. 8922 PUBLIC W (.",,::; ADMJN1STRATJON DEAR MR. GOMEZ: IN ORDER 1D OBTAIN A CONTROLLER'S LETTER FROM THE COUNTY OF SANTA CLARA, WE NEED A LETTER FROM YOU REGARDING POSSIBLE BONDS/ASSESSMENTS, IF ANY, ON THE FOLLOWING: ASSESSOR'S PARCEL NUMBER 403-36-089. THE PROPERTY IS PRESENTLY OWNED BY JOHN NICOLI AND ALBERT K, PIERCE, BafH MARRIED MEN, AS THEIR SOLE AND SEPARATE PROPERTY. ENCLOSED ARE COPIES OF THE ASSESSOR'S PARCEL MAP AND TRACf MAP. PLEASE CALL THE UNDERSIGNED WHEN THE LETTER IS READY AND I WILL ARRANGE 1D HAVE IT PICKED UP. THANK YOU FOR YOUR ASSISTANCE, SINCERELY /::~~ ~~u~ LOWELL BALDWIN CHIEF TITLE OFFICER lb/lb ENC. JIR I qj' '.-1 I F... C -!f~--- 0 I~~ ~I ~ ~ --wLm---- 3 ..., I 1 I GlltI ~ 1 I I 'e '.! I I ~I J _ ~ ~3 i ~ ~ I J;i I -i2cr1r .l. I J ell WI- II I - - -01""- B ~I ~i --tfijj-- ~ ...i 0 ...~ 0 0 --mllr-- .;:: . .... -~ ~ - ~ :z: '~ ~I I~ e" ():: i::.. ,,.. ~I ;t -! I . ~ ! i I d 0: ".-1 ~I .. al 0Cl& -,.. .. III > 0 . c lZ..,. ... ~I r: :.. etA) I I 1 1 I ~I I 21 ,,' Ci;1 J l!J :<<1 tl 1 -I . -I I I I ~ I j;; I ~ I .-T:-t-... I tJ I ~ 1 ~ , ~I I I I ~ ~I -I ~I I ~, 1 ~I ~I 1 I I 1 I I 1 , I I ~I ~ I , I t! ~ ~: ~ 5'1' :t fil oJ ~I ~ to' Ie ~ g: .nii. :. II --v.-- ~~... .:.~ .- "..- - =. ~ e ~ ,~:li~ t ~ ~--vF7r- ,.... !. !II .R~=~ lit ~ r.i ' ..II'" IS 0':'" i I .n I CI)~ Q) ~..J en o<t :: i~ g rt ~~g ... ~~m 00 I : ~ l' ~I: ,,' .../ ~ .. ,9 C III K C SQ w Z <( ...I z o .. a 8 i i ~ .. .... all11,J{'lTlJ2n1. r~:: r-r:: I ~ iii ~ 'a~$d ~I .~.~ -; '" ~ '" ~. ~Ilftl NI-~ !!I 11'111 ',~11 ..'n r. I' III '" It) - z ~ H :> C( ~ ~...~ . 10'" ~c;. ~ I~ en ~ J ~ S~ " ~ ," '4'i I Ill" @ '" Z I :.Go .. ~~ 7 ~r---~-- a Ill.( I II ~~ : ~ ~: ~I;I ial ';.1 ~I ~I"'I ~I il 52 tll fa ~ cr Z Q. I -: !!, ~ r------ tQ ~ 2! I ~ ,N' ~ I ro 1= J\I oi c( ~ III ~.. J. ~ -' on, \foil. .. ~ ~ If. HSi"+, ---I --, ---I -OiiL-ir______ cr m " \0 III ~ 5( I - I - I - , - 1 - I () I I 1 I g' ~ f:l. ~ ; ~I ~I 8:1 I ~I I ~I I!JI ~. ~t----Ifj'- .. ~ , I , I I ~ 21 I I , 1 /U m ~I ~ ~ ."1 I i@ -' -I W Q) ~ ~ ~ u ".'59 ~ ~ ~ J.33~..lS HOJ. 1n.::t ~ ~ ~ I I I ~I I ~I ; 1 , at 11\ !I ~ ~ ~I ~ 1ft 1 N ~I : ~I I I - 61 R\I m 1 ~ ~I ~I~ i~ ~ .J ffl :z: ,- ~ "u :> In l : I~. 'I ~I ~I ~I l=-~- ,9 I!I ~ C! L~ I ~ ~I :.: I ~1----- ~ I ~! ~ ~I It i . ~ ~Ol ... ~I ~ IC~ .. 3^'~O G ,~,,,., ., r--- ~ ."- ..' ':;0' . @ .. .. ;:1 .. . '4 ~ . .. Ii I1RI2 ~I~~ 5~z ~ ,~~~ .....a ;)'" 20 "'... Ir~ w Q! Ii 0 ~~S~ J ~ ./ IL"" u. SCHEDULE A Order No.: 0~090838 Dated as of: November ~4, ~996 at 7: 30 A.M_ The form of policy of title insurance contemplated by this report is: CLTA STANDARD COVERAGE POLICY - 1990 AND ALTA LOAN POLICY (~0-17-92) WITH ALTA ENDORSEMENT - FORM ~ COVERAGE The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: JOHN S. NICOLI, a married man, as to an and J_ ANTHONY VARR, an unmarried man, as to an interest undivide'I~lttXJ; 'D und1d:foalT PUBliC \1\1 \.. ,. ADMINISTRATION The land referred to in this report is situated in the State of California, County of Santa Clara, in the City of Campbell and is described as follows: Beginning at a point in the monument line of Bucknall Road at ~..I.A, the Southeasterly corner of that tract of land described in the ~~.~: ~/' deed from Francis A. Gonsalves, et ux, to Della May Garthwait,~~ dated March 31, 1949, recorded April 22, 1949 in Book 1776, ~ ,I? ~ Official Records, page 446, Santa Clara County Records; said r monument line being a line which is parallel with and distant 22_00 feet Southerly measured at right angles from the Northerly line of Bucknall Road, as the same originally existed; thence running along said parallel line N. 88 degrees 29 minutes E. 110 _ 00 feet tocaSouthwester!:Vorner of Tract ~ 299~~r~~lr.Plaza, Unit No.2, a map of which was filed JUtv. for record in e office of the Recorder of the County of Santa .\ Clara, State of California in January 11, 1962 in Book 142 of Maps, at page 4; thence runni~ along a Westerly line of said Tract No. 2991, N. 0 degrees~minutes E. 200.00 feet; thence leaving said line and running~parallel with the said monument line of Bucknall Road S. 88 grees 29 minutes W. 110.00 feet to the Northeasterly corner f land so described in the deed to said Garthwai t; thence along the Easterly line of land-;so described in the deed to sefid Garthwai t S. 0 degree~ ~) minutes W. 200.00 feet to the poi~t of beginning, and being!, 'ortion of the Quito Rancho. ~ 1~if ? tJ'Y1/J I -~ ' , I ,( I CLTA PRELIMINARY REPORT (REV. 1-1-95) "\".' ",,:. ,:;t ;muvItt'AKK, ~J ","": ',,-':','."'\\...;:'\ .,,' ~':'~;...~ 2- 6-97 3:59PM SANTA CLARA LAND ... 4087275641;# 2/ 2 ~K 1176 rAil446 '. ---...-.., .T-..~.--- . 'V' I "i ". J ........... ...-.ul'~ UA .rlnt .,.. 1....11II -'" . f'r&\nc 1. A..OOn..ly...u4..Or.....r~_,.."_ Gon.al \'0 1.,t'.1l.bu4. aa4..trUt..u..__........_ ~ J j ,j ~ , ! I , I I . . 1 .., ....,...... ..... . ~... ......-- ............. ....... .." 1.... ....... C;1AN1' TD..I.11&..lIA7..... ,.".,.... . O~rth"All........ '''_u, '''''' ......., ........,_.._....__...., , . .....".. ..... ...,....... .... .............-..,.."' .. f --'., '...... ....... '.-.. ,I. ..._1,.... '1. ,........ .... """'""............ "'..' u ..... ,.-; .04 -.. C1.... .... .., eo...,-. .......... . ,.".,~ ,~ .. .,.. , . ..".~.... .. r;":'1' . 'l,' .'. .. "":':~~'''~; ~egl'r.nlftE 'ft It p"lnt on a 11n. 1n luokMl1 '..nll.L ""1.' ;,:.' .' Ii"~, >.~jk1r' Ml~ Un~ lr J'"r"l1.el.vUh an4 lSl.hnt 22 tefl~Io-"bel'l.J'.1: ; ...;f _.}~. ri.,:,ht. "n("'1.,,, f;oOD th.. Nort.""!!'l:r 1 In. ot luokftill ...n"., 41.- "o' ."; .4i:v, tltn't th"i-e"n 8.,,1II819'V. 91'.', t.-t fro. . Oil' lfte piP.~:"':.':. ,'!:!~.': ~ n:t t!1. lntll:"l'If!ctlan thereor "Soth the WI".I'17 l1n. ottJii'.._ :':' ""j '. ~ "f,{ , 'rom-n AqulnCl 10.'; thflno~ ..long flUd U". 1n ".k~l A~....! ~ ." . ''':'i\; , s. p,o.e19'W. 111' te..t; thenc., le"Ylnc ..14 1\"1 in lIti....l1 . ;, ., . no;..: AV'"nllr ..ne JO'lnnlnli pJll"Il11e1 "u" ...14 l1n..ot the ." '-.~tit." ;" \ti M\llno RQ-(\ N, ~eI)9'E. 200 t'ttt, theno. paNU.l trUh -14 .,~1.: '~V'.~\\~ l1nr in 3l1c'{nall Ayenu" N. """'9'1, 1'" t..tl thenoe "'U,",~. /t~;'l\~' "lth '"1d l1n" or thl BAn '1'0... Aq&a1no Ro.. I. ft.09' w. too tilt. Mit;,~.- '. to thl ~o\n" of :)tIG1.n:'l'n~ Me! 'betns - p"rtlon or '~~~"'~.'~ .~~~i~~1:'~ t"~ " ',r~~" :j : ':"; ~.'.)t.:. .' :.j.. ......."~... : , j . 4J!": ,. It., :' , '~" \:~ ; ~~: R ,I C )EI~V!D FEB 1 01997 , '. PUBLIC W Vi;....,;. ADMINLST~A nON l. :, 1 " '. ~. W'''':'\.'.'~.~ our .. ...... II 0 To tI\lI '.. .., · Wl.roh ,.....~ II 169 IdAA- ..~.a.~ f ~ ~_ A _ ~ .1. ... ~~ .._ ~._.__ .~..._,c.:. ~L __IIl:"._ 'lilt ........--.-.-.....-....-......--.......-...---......-- '1 ; ...' \1' f'f t ^. "IIM'IA I ' 'II 'J" I " "',~' 1.\ ( I AlA " ., ", :,1'.' I" ,,' :~.rch :"-r.o'." A. -....'.......-..-..................-.-....-....-..-.-.-.____n._'_.._._.__., ,I,' 'I, .'.. .,~., . . . .., tiM~. ' -I Ihr ..""...'''.....1 . Nu.." ttvhI... ... .... .." ':1dI r:.."" .... It..... "",,_.t, ll"fI....... ..lln,a Ora F, 'Jon nl",1 \Of!. : ,'fj u ../:';. .pt.." 1,1~.l..,~.~ f,",,,,,\,,,,,,: '1'l"'.!I!"..r. ..,...1 I' ,.....!N"..d h " , {J'~ ~..IIII" 1.....1" I , I .J (1 :"(' ...ft...." h' rtw ,,, ..."urrJ rh. "~"'f' "'1' . 3475~ NUIII! IIISI Strtit'l. #2lJu Silll Cdlill-Jlllld ~1~J I PACIFIC.",tBELL .... A Pacific Telesis Company January 2, 1997 <lISl'oMER COP} City of Campbell Public Works Department 70 North First Street Campbell, CA 95004 RECEIVED JAM 061997 Re: Tract #8922 I"\JU\.II". \IV ...H"\.~ ADMINISTRATION Attn: Martha Kozera Gentlemen: The Public Service Easements/Public Utility Easements as shown on the final copy of the parcel map presented prior to recording are adequate and satisfactory for the installation of Pacific Bell's facilities. The above mentioned project is located within the Pacific Bell service area and Telephone service will be provided in accordance with our rate, rules and regulations. Our engineering plans call for providing service to this site when service is required. If you should have any questions, please call me on (408) 493-7229. ~kLh~ R. L. McManus Pacific Bell Engineer cc: Keir & Wright 3350 Scott Blvd. Bldg. 22 Santa Clara, CA 95054 /~i/;0e7:~~b~~/ ,,<' ff< '("... f \' " "\Qq~. -;":' ~'- ~ \.- MAP CHECK RUN ON LOT BDRY LINE BEARING DISTANCE LATITUDE DEPARTURE NORTHING EASTING ******************************************************************************* POINT OF BEGINNING 10000.000 10000.000 1 NE 88 29 00 '110.000 2.911 109.961 10002.911 10109.961 2 NE 0900 200.200 200.1990.524 10203.111 10110.486 3 SW 88 29 00 110.000 -2.911 -109.961 10200.199 10000.524 4 SW 0900 200.200 -200.199 -0.524 10000.000 10000.000 ***CLOSURE IS PERFECT*** {:iRE?}I: 2201::; SD PEF: I i"1ETEF:~-= FT . 505~::: 6::0. 4 ACF~:E:-3 ******************************************************************************* MAP CHECK RUN ON LOT STREET DEDICATION LINE BEJ4F\ I Nf3 DISTANCE LATITUDE DEPARTURE NORTHING EASTING ******************************************************************************* PDINT OF BEG I I\IN I NG 10000.000 10000.000 1 NE 88 29 00 110..000 2.91 1 109.961 10002.91 1 10109.961 2 NE 0 9 00 ::-~;O. 010 30.0:1.0 0.078 10032.921 10110.040 ..,. SlJ.J 88 29 00 110.000 -2.911 -109.961 10030.010 10000.079 0.':' 4 "W 0 9 00 30.010 -3().. .89 -0.078 10000. oon 10000.000 ,:) ***CLOSURE IS PERFECT*** AREA: 3300 SD FT ..0758 ACRES PERIMETER= 280.02 ******************************************************************************* MAP CHECK RUN ON LOT 1 LINE BEARING DISTANCE LATITUDE DEPARTURE NORTHING EASTING ******************************************************************************* POINT OF BEGINNING 10032.921 10110.040 1 NE 0900 61.760 61.760 0.161 10094.681 10110.202 2 NW 89 5100 44Q980 O~117 ~44u979 10094..799 10065u222 ~ SW 0900 63.070 -63.069 -0.165 10031.729 10065.057 4 NE 88 29 00 45.000 1.191 44.984 10032.920 10110.041 ERROR OF CLOSE: CLOSING COURSE: CLOSING RATIO: AREA: 2808 SQ PERIMETER= N= -.0012 NW 39 48 20 1 IN 134256 FT .0645 ACRES 214.81 E= .001 .0016 ******************************************************************************* MAP CHECK RUN ON LOT 2 LINE BEARING DISTANCE LATITUDE DEPARTURE NORTHING EASTING ******************************************************************************* POINT OF BEGINNING 10094.681 10110.202 1 NE 0 9 00 63.400 63.400 (l. 166 10158.081 10110.368 2 SW 76 48 34 32.090 7 7~~ -31.243 10150.758 10079. 1~~ - ~.~L~ Lw ~ SW 0 9 00 4.300 -4.300 -0.011 10146.458 10079. 113 4 SW 64 09 59 9.670 -4.213 -8.703 10142.244 10070. 410 5 SE 25 50 (ll 9.000 -8. 100 3.922 10134. 144 10074.332 CURVE DATA: DEL= 64 00 59 RAD= 9.000 LEN= 1():t()56 TAN= 5.626 6 NW 89 51 00 9.000 0.023 -9.000 10134. 167 10065.332 7 SW 0 9 00 39.370 ~9 769 -0. 103 10094.798 10065.229 -0 u0 8 SE 89 51 00 44.980 -0. 117 44.980 10094.680 101 10.208 ERROR OF CLOSE: CLOSING COURSE: CLOSING RATIO: AREA: 2523 SQ FT N= -.0012 NW 79 22 49 1 IN 31363 .0579 ACRES E= .0064 .0065 PERIMETER= 203.87 ******************************************************************************* ~-~.. MAP CHECK RUN ON LOT 3 ~i LINE BEARING DISTANCE LATITUDE DEPARTURE NORTHING EASTING ******************************************************************************* POINT OF BEGINNING 10158.081 10110.368 1 NE 0900 45.030 45.030 0.117 10203.111 10110.486 2 SW 88 29 00 55uO()() -1.455 -54.980 10201.655 10055.505 3 SW 0900 45.920 -45.919 -0.120 10155.735 10055.385 4 BE 89 51 ()0 23.750 -On062 23.750 10155.673 10079.135 5 I SW 0900 4.910 -4.910 -0.012 10150.763 10079.122 6 NE 76 48 34 32.090 7.323 31.243 10158.086 10110.365 ERROR OF CLOSE: CLOSING COURSE: CLOSING RATIO: AREA~ 2607 SO FT PERIMETER= N= .0047 SE 28 57 04 1 IN 38277 .0598 ACRES 206.7 E= -.0026 .0054 ******************************************************************************* MAP CHECK RUN ON LOT 4 LINE BEARING DISTANCE LATITUDE DEPARTURE NORTHING EASTING ******************************************************************************* POINT OF BEGINNING 10200.199 10000.524 1 SW 0900 42.940 -42.939 -0.112 10157.259 10000.412 2 SE 78 27 41 31.850 -6.370 31.206 10150.888 10031.618 3 NE 0 9 0(> 4u910 4u910 Ou012 10155u798 10031.631 4 SE 89 51 00 23.750 -0.062 23.750 10155.736 10055.381 5 NE 0900 45.920 45.920 0.120 10201.656 10055.501 6 SW 88 29 00 55.000 -1.455 -54.980 10200.200 10000.520 ERROR OF CLOSE: CLOSING COURSE: CLOSING RATIO: AREA: 2535 SO FT N= .0012 E= -.0038 SE 72 28 28 .004 1 IN 51092 .0582 ACRES PERIMETER= 204.37 ******************************************************************************* ..l ~"'"t',,-.,~,~~.. ...o{~):t' h.lj"v ''''''';~'t~~f';''''..,,;,~ \:.""")"" ,"",S,}<;l':~l!(~,~ . " ..~ ~'\~"i!;<rt~~T~{~\;r~b~~~Y.~~~~:\~~~;,~il~~~~~~~~~~~~~;~~~t~~ ,). ~ ~\ :'I..!~~;l~,~~,b~i~\\~,~ '\~~3<:"~'N;:{'.I'~':J:'l;:~".i~~~;~\\," t'~'f. ''h\i~~:~ .:~~~5, :\ ,,: 11~M,~~!-:~lft,\.~t,~~~,t:~'k~.(\\\ti1~;.,\<i~~i~;\tZ'f" .'4~~~.t"~V.it~~~"~~' ~~. \.~t\~';'i;i~~.:fr:~~~t~l\~'~;)t~~~?;t~~,;~'~~'~::"':~':\::l!.;~<<; '~:,\:"~~.Lt:~),.t;\~~.~~\~r~~~~:t~ ~,~,j~ ~. :,_~'~I'l\: ~\ . \J ,.: ,,,. " ,. l' I' .' (or .... .l,,'I.).'J,.r,,''''' ""t" l "1" .. ""'^ t '" /. '~it... "'(0"" r ""~l ~' ." ""It. ~~':;~~, ;', 'I~: ,.~\y,r. ':r;~"" ~::'\~ .\":~l'>':;'.: {!: )l~<I~~.ir~ t :;";!:":!(,:I":)'~J'\~',;,,;':~"O~1'~" ~t S\,~ . '~.": , }L 'I,. \~'~',,'~'>\~'.~\1:,:;;,..~ , .~ N'(:t~j;,~: \\ II, 0/, I't t.,,,. . /,~~.. ',\. I. .,....' -. 1'1 \ \ .',\"1"'\0 ..."'....~ - , , ~_ ~ I' . I ,,,. (. ;..~" .;:~'\ :;.r.. ). (r\~.; ','.~'~'::; >";.\ >."j.,:.'.~.'\ ".\ :.,\ .~ ~~:;<\~\\~t';r;,~,~~,."i,;>:~ '-,;<~ ~",~\';J I::\!,~',(:~~ ;~.,;.:~}~\1}~,\~~1!,t/N;'~{~~~~~~1}A;~'.~?~'.,~~" .,l,;:,,-~~/f/\:;;:~"~':"~";.S~'~~t:.:1\.~Pl~,~~!(,~, , \}.). .... ~I .~., \ t -,0,\.1,.'... \., ."t...,",- I ~,' 't.lt'''{'.~~''l.}..,.,O-..l "":1' \,t'~~~"\ra.:l.:', t .~\ ,"~ .".l'\.,t!'l?;"" , . ": i~~ t' r < ...., ; : . ,'," I:' ,I:: . :""', ...,' : 'f'.. \ ~ \.~) \ ,:. '., :, \ " ~ ':1" I . .~ \, .":.\' ~ll\' .i.,". \'l;",' ;l~t\ '..: ~ ~ t' ~',\\ t;' ~.i}; '~\ 'f~~" it\.. ,{...t~ ~\':\ j ~ ~~'~ .~, \ ~:\ '" .~, '.: \, t ': \', ~~ ~\ 1" ~, ~ {;','~" :/,;~~, ,:1:' ':: t ,:~' , " :~,~ ~ :' ';, "".':\ :;i; \1'~' (~":'\ :'1 :~.\ ,,;;,,~,t>;\. '::~ ~ ~:.':< ~:)'~{:,. ~~:,:'~\'I!~*~,tl~~1N~~~'~M"~:\'\~~~]~il~.~':;\t,~\.:::\:~,\,> :~;'{'~'<\.,~\\~i\;;~:-\~": ,,' t:.~' ~ :,,\ n .' l' I I'~, ~..."" ,\ ' .. I . "I,' :' ~"'\', ....., \..... ,\ / I'" "", ,.1, .\' \ \':.., '. '. ;' " l.~. \'1 t\ ~~\. \'. ;\:~. :l{I.~;'~.:}4)~; ..,~l~",'r{ f"';~:l'~"'~\<\'i'f.,':,q.".i 'i,~,~~.,;,<:", '/>~'~\,'>i~ 1'~'\.\.,) '11 \ ~.,~,"':" . \ ,j ~~ ,\;.: -J~\.l':~ yo; j :if,J....L'.':.<; ,;";?...~'tu'tl~"'.t;." ~l:J.~'-'.v.A"'~.U:"~.'\.I}",~~l1.:: i:..\ l.~' i.:'i. La ~:~'~,'2-.\;ili~~~1 ~~~~\.lCh~u~lli..~u. tJa'L'liti>>\.~~U ..u..kUl.~ ;..)'..i.Ut~~~~_"i.. ******************************************************************************* MAP CHECK RUN ON LOT 5 LII\IE BEPIF~ I NG DIEnANCE LATITUDE DEPARTURE NORTHING EASTING ******************************************************************************* POINT OF BEGINNING 10157.259 10000.412 1 SW 0900 62.290 -62.289 -0.163 10094.969 10000.249 2 BE 89 5100 44.980 -0.117 44.980 10094.851 10045.229 o NE 0900 39.370 39.370 0.103 10134.221 10045.332 4 NW R9 51 00 9.000 0.023 -9.000 10134.245 10036.332 CURVE DATA~ DEL= 64 00 59 RAD= 9.000 LEN= 10.056 TAN= 5.626 5 NE 26 08 01 9.000 8.080 3.964 10142.325 10040.296 6 NW 63 51 59 9.670 4.259 -8.681 10146.584 10031.615 7 NE 0 9 00 4.300 4.300 0.011 10150.884 10031.626 8 NW 78 27 41 31.850 6.371 -31.206 10157.255 10000.420 ERF~DF~ DF CL.OSE ~ CUJS I ND COURSE: CLOb I 1\IEi R(~ T I (]: AREA: 2506 SQ FT PER II\1ETE:R::-" N::::: -,,004 t,IW 62 1.4 2(":i 1 IN 23548 u O'37~.:; ACRES E :::: .0076 .. ()()t~(:J 2()72 II 52 ******************************************************************************* ,-- --','" --. -, ~ ". .',' , r, , ,. I" J, , . ~..' I / I -~ ~/.' :" . " ~.I ~. I , " ~, . \ . " ,', J, ; ~,', ., / ,.., .. . ',') ,J '" . ~ .. t.. '. I 'j , , :'. ';;, ...:.; l"..... ~A:........;....j,;, iP,i.,.I..'n';;'A'..Io,\.l\""-i ."".- ~u ~..."":",J&.I"A~f,:;,~.'~~'i":~..."..~ I.~ """~ j,)_...'~';.~"" "'~';:' ;~, J, ~.<J.r;). .;;;~~",....._ .:::4':.~''M.io.:l\.o.;'l.~L.6...;r,...:....\~~. ...1'~.~'.'~~i.,.&.J\',,'~;.:,.H':';'~,~~"".oliJI.'Io.;;c~~~~, L(). t: BEARING LINE J" T ST ANCE LA T I TUDE;>";)DEPARLI'~'R'~;~~'~f' NORTH I NG ~AST I NG ,************************, ************************** 10030.010 10000.079 10031.201 10045.063 10094.851 10045.230 10094.969 10000.250 10030.009 10000.080 45..000 63.650 44..980 64.960 1.191 44.984 0.166 -44.979 -0.170 *********************** POINT OF BEGINNING 1 NE 88 29 00 2 NE 0 9 00 3 NW 89 51 00 4 SW 0 9 00 63.650 0.117 -64.959 ERROR OF CLOSE: N= -.0012 CLOSING COURSE: NW 39 48 20 CLOSING RATIO: 1 IN 136618 AREA: 2893 SQ FT .0664 ACRES PERIMETER= 218.59 E= .001 .0016 ******************************************************************************* MAP CHECK RUN ON LOT 7 LINE BEI~r.:;~ I NG DIETANCE Lr~ T I TUDE DEPARTURE NORTHING EASTING ******************************************************************************* POINT OF BEGINNING 10031.729 10065.057 1 NE 0900 102.440 102.440 0.268 10134.169 10065.325 2 SE 89 5'1 00 9.000 -0.023 9.000 10134.145 10074.325 CURVE DATA: DEL= 64 00 59 RAD= 9.000 LEN= 10.056 TAN= 5.626 3 NW 25 50 01 9.000 8.101 -3.921 10142.246 10070.403 4 NE 64 09 59 9.. 670 4.21'+ 8.704 10146.459 10079.107 5 NE 0900 9..210 9.210 0.024 10155.669 10079.131 6 NW 89 51 00 47.500 0.124 -47.499 10155.794 10031.631 r SW 0 9 00 9.210 -9.210 -0.024 10146.584 10031.607 8 SE 63 51 59 9.670 -4.259 8.681 10142.324 10040.289 9 SW 26 08 01 9..000 -8..079 -3.964 10134.245 10036.324 CURVE DATA: DEL= 64 00 59 RAD= 9.000 LEN= 10.056 TAN= 5.626 10 SE 89 51 00 9.000 -0.023 9..000 10134.221 10045.324 11 SW 0 9 00 103.020 -103.019 -0.269 10031.201 10045.055 12 NE 88 29 00 20.000 0.529 19..993 10031.731 10065.048 ERROR OF CLOSE: N= .0017 E= -.0094 CLOSING COURSE: SE 79 44 56 .0096 CLOSING RATIO: 1 IN 34461 AREA: 2842 SD FT .0652 ACRES PERIMETER= 330.83 ******************************************************************************* ("-.. ES W OFFICE: ALL-CAL TITLE COMPANY 901 CAMPISI WAY, SUITE 100 CAMPBELL, CA 95008 (408) 559-3424 AII-Cal Title Company PRO FORf1A PRELIMINARY REPORT 1ST UPDATED ~~~~~/) Our Order No.: 01090838 Issued for the sole use of: Atlas Realty 2190 Stokes Str. Ste. 101 San Jose, CA. 95128 ATTN: Rose Marie Horvath WHEN REPLYING PLEASE CONTACT: Escrow Officer: Gale Houck Title Officer: LOWELL BALDWIN --' ~ ...,.- ."-'~'----_._--~-----'---,,._'--'-_._----------------- (BUYER/BORROWER NAME: JO~~~~_Q!-I * ALBERT K. PIERCE1r/ PROPERTY ADDRESS: 1681 BUCKNALL ROAD CAMPBELL, CA. In response to the above referenced application for a policy of title insurance, AII-Cal Title Company hereby reports that is prepared to issue, or cause to be issued, as of the date hereof a Policy or Policies of Title Insurance describing the land at the estate or 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 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 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 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. CLTA PRELIMINARY REPORT (Effective 1-1-95) ( SCHEDULE A Order No.: 01090838 Dated as of: November 14, 1996 at 7: 30 A.M. The form of policy of title insurance contemplated by this report is: CLTA STANDARD COVERAGE POLICY - 1990 AND ALTA LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: JOHN S. NICOLI, a married man, as to an undivided 50% interest and J. ANTHONY VARR, an unmarried man, as to an undivided 50% interest The land referred to in this report is situated in the State of California, County of Santa Clara, in the Ci ty of Campbell and is described as follows: Beginning at a point in the monument line of Bucknall Road at ~~~ the Southeasterly corner of that tract of land described in the r~~;~. deed from Francis A. Gonsalves, et ux, to Della May Garthwait,~ ~ dated March 31, 1949, recorded April 22, 1949 in Book 1776, ~ ~ ~ Official Records, page 446, Santa Clara County Records; said r monument line being a line which is parallel with and distant 22.00 feet Southerly measured at right angles from the Northerly line of Bucknall Road, as the same originally existed; thence running along said parallel line N. 88 degrees 29 minutes E. 110.00 feet toca-Soiithwesterly::corner of Tract ~ 299u:-ouJ..rJ~~~ Plaza, Unit No=-2~-amapof- which was filed ~rh~ for record in e e office of the Recorder of the County of Santa Clara, State of California in January 11, 1962 in Book 142 of Maps, at page 4; thence runnin along a Westerly line of said Tract No. 2991, N. 0 degrees 29 minutes E. 200.00 feet; thence leaving said line and running parallel with the said monument line of Bucknall Road S. 88 grees 29 minutes W. 110.00 feet to the Northeasterly corner f land so described in the deed to said Garthwait; thence alon the Easterly line of land so described in the deed to s id Garthwait S. 0 degrees ~ minutes W. 200.00 feet to the po. t of beginning, and being ~portion of the Quito Rancho. ~ 1~~ ? tyI/l CLTA PRELIMINARY REPORT (REV. 1.1-95) /, r Order No. 010908: 1- SCHEDULE B At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions in a Policy of Title Insurance are as follows: 1. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1996 - 1997 1st Installment: 2nd Installment: Penalty: Cost: Exemption: Code Area: Assessment No. $ 1,336.35 Open $ 1,336.35 Open None o $ 0 10-046 403-36-089 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California. 3. Rights of the public, if any, over that portion of said land which lies within the bounds of Bucknall Road. 4. Any invalidity or defect in the title of the Vestees in the event such trust is invalid or fails to confer sufficient powers in the trustees or in the event there is lack of compliance with the terms and provisions of the trust instrument. The requirement that a Certification of Trustee be furnished in accordance with Probate Code Section 18100.5. NOTE: 1. There are no conveyances affecting said land recorded within two (2) years of the date of this report, except the following: GRANT Grantor husband 1992 DEED STEPHEN S. HORVATH and ROSE MARIE HORVATH, and wife, as Trustees and Trustors U.D.T. October 16, Grantee: JOHN S. NICOLI, a married man, as to an undivided 50% interest and J. ANTHONY VARR, an unmarried man, as to an undivided 50% interest C-Recordecr:_==~' to be recorded---::; 2. Any conveyance of the herein described property will require payment of the $10.00 Survey Monument Preservation Fund Fee pursuant to Government Code Section 27584. Continued on next page -1- SCHEDULE B CLTA PRELIMINARY REPORT ( SCHEDULE "B" CONTINUED: Order No. 01090838 NST ARB: 403-36-089 Ib/th (lb/on 11/26/96) PROOFED: th -2- -s.:;C'z ~. J (t) 3.2 ~ ~ E> ~ (=;' ~t&.&~ =r c.. :;. 3 ~ ~. 9: ~ _. (l) Z n CD II> gC)~-::Ci;; '-=-:8.01 y . "'::I giiQl~ ~""n::r <~g~ -,:2 < '" ::IE (l) QI ~ ;::;.;~. "CI 11>=:::1_ c_n.. 3~.,.- ~~o~ r:r ~ 2!.- '< ~ c.. 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I I ~ I I Ii: I~ I 1 I r I )lo Ii l~ ;;. Z I 1'1 I &l I .. 1 ~ I I ~ 'ilt I I I I I Ii '81 I I Cl I . I ~ I L t: ._ 1= ... I I '-" ~ '1'''' ......t..!( ,i " ., .& ""0 "" TII ";' '2991 ICIIIK';"ooO 'LArA-lilt ,.. .. i~ !' -=-i~ ~ I~:~~, _-10__ a .. 1 a~. ~ ... III J'" I~ i i 0 ~ ~ __l!'~__ r~'" rJlrr- I:: Ill( III I lit I ~ l:tl .. I I 1 .. r- __JQl~ - I I c ~ <l ~ ~ 4 I8l ~ I~ ~ lit r I~ ~ oC III !I~ I I I ~ J l '... 1 "" 1 ~ ___QJ!__ .. ---' DRIVE . ., '\: Af i' 14 ~~ I-........~ t ..../~ -..... I\la ~ i' ~ ........ ............ .......... ~ 7 .... 'Ii Ii "'/# .... .... I "" ........ I.... ~ ........1 ....~~ ~ Iii It "':'.... ........., , '.... ...............f...... ~ AI / ........fl~ I lIlJ I ........ ~ I. . ...........;~!!J "'" r . ,-.. "':.' : . J ... .17 ~ '116 II. I I '~ I. i IIll I. '" ~ I I ..., . ..1' STREET I . "', "'M '. I r I. ~ u 1 I... I_ t',"i ~ 't ~ ~~ ih~.t I "'.. alGOr l~' i On In Il:~_,~ lD ;ll -4 '~'-'-t~' ..t CC;~ Z i 'i j ~ n~ .. _ iI;, i "z lit - K . Z% '" 0 toO ... z r~ .. . r.1", , : 10 . I I ..,.... i-... :u o " e ~ I /"4,,, 'W I f ~ ~ ~ i Q ~ @! i " ~ ~ "lJ CQ "' ,.. ,.. ,. :< 4i'it~. i'/"~ ~ :L -"'L~-~ :: ~~. ..\.~ ";1 ~ i 5. - @ .: _, ! ~-is"-'I ~ .~ ,~:~ I ! ~ i s 8 B RESOLUTION NO. 9135 ~ ~~ ~ . BEING A RESOLUTION OF TIffi CITY COUNCIL OF THE CITY OF CAMPBELL, APPROVING A TENTATIVE SUBDMSION MAP, FILE NO. TS 96-01, LANDS OF MR. AND MRS. HORV Am APN: 403-36- 089, ON PROPERTY LOCATED AT 1681 BUCKNALL ROAD After notification and public hearing as specified by law on the application for approval of a Tentative Subdivision Map as referenced in the above heading and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows, with respect to File No. TS 96-01. 1. The proposed subdivision of 6 residential lots, results in a density of 11. 9 units per gross acre. This density, when averaged with the other Medium Density projects in the area, results in a Medium Density area of 14.4 units per acre. This density is consistent with the medium density residential land use shown on the Land Use Element of the General Plan. 2. An initial study was prepare for this project and no significant impacts wer~ identified. Based upon the foregoing findings of fact, the City Council further finds and concludes that: 1. The proposed subdivision is consistent with the General Plan. 2. The proposed subdivision does not impair the balance between the housing needs of the region and the public service needs of its residents and available fiscal and environmental resources. 3. The design of the subdivision provides, to the extent feaSIble, for future passive or natural heating and cooling opportunities. 4. No substantial evidence has been presented which shows that the project, as currently presented, and subject to the attached conditions, would have a significant effect upon the environment. THE FOREGOING INSTRUMENT IS A TRUE AND CORRECT COpy OF THE ORIGINAL ON FILE IN THIS OFFICE. ATTEST: AN OF CAMP LL. BY DATED city Council Resolution No. 9135 TS 96-01- 1681 Bucknall Road Page 2 Based upon the above findings, the City Council does hereby approve this map subject to the Conditions of Approval attached hereto as ExbJ.'bit A PASSED AND ADOPTED this 17th day of Sept. 1996, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Burr, Conant, Watson, Furtado, Dougherty None None None APPROVED: /7 AITEST: {~~ Aifue Bybee, City Clerk EXBIBTI' A CONDmONS OF APPROVAL FOR FILE NO. TS 96-01 SITE ADDRESS: 1681 BUCKNALL ROAD APPLICANTS: JOHN NICOLI AND TOM SWEENEY The applicants are hereby notified, as part of this application, that they are required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified. Additionally, the applicants are hereby notified that they are required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California that pertain to this development and are not contained herein. PUBLIC WORKS CONDmONS: 1. Public Street Improvements: Prepare plans, pay fees, post securities and provide insurance as required to obtain an encroachment permit to construct public street improvements, in accordance with the City of Campbell's Standard Specifications and details, on Bucknall Road at Weston Drive, as required by the City Engineer prior to issuance of building permits for the site. Public street improvements shall be prepared by a registered civil engineer licensed in the State of California, and shall include the following: A New curb and gutter with curb face at 20' from centerline. B. New pavement to centerline of required right-of:way plus an additional distance of about 2' to 4' to conform to existing pavement elevations based on a Traffic Index of 7.5 and an R value provided by a qualified soils engineer. C. New separated 5' sidewalk on the north side ofBucknall Road. ~ D. One new public street light. E. New residential driveway approach. F. Landscape and irrigation system for street trees and landscaping in the parkway. G. New centerline striping and stop sign for traffic exiting the private driveway onto Bucknall Road. 2. Completion of Public Street Improvements: Prior to approval of occupancy for the site, all public street improvements required by the encroachment permit must be completed and accepted by the City Engineer. 3. Right - of - Way Dedication: Provide right-of-way dedications as needed for a 30' half street prior to recordation of the Final Map. Conditions of Approval for TS 96-91 1681 Bucknall Road Page 2 4. Underground Utilities: Install new on-site utilities underground per Section 20.36.150 of the Campbell Municipal Code. Provide evidence from all utility companies that the proposed houses can be seIVed. Comply with the plan submittal, permit and fee requirements of the utilities associated with new or modified service connections. 5. Grading and Drainage Plan: Prior to issuance of any building permits for the site, the applicant shall prepare construction, grading and drainage plans for and conduct hydrology studies, as necessary, to determine the adequacy of the site drainage. Proposed plans and studies shall be submitted to the City Engineer for review. All storm drain runoff shall be collected on-site and conveyed underground to the City's existing storm drain system using 12" minimum pipe. The drainage study shall be based upon a 10 year storm frequency. 6. Storm Drain Area Fee: Prior to issuance of any building permit, the applicant shall pay all unpaid storm drain area fees. The current fee is $2,000 per acre. 7. Final Map: Prior to issuance of any building permit, the Final Tract Map shall have been approved by the City Engineer and recorded. The Tentative and Final Maps shall contain: A A Lot "A" for ingress, egress, drainage, Public Utility Easement, and related improvements to seIVe the development; and B. ''1ot to lot" easements as necessary for drainage. The submittal for City Engineer approval shall also contain: A A current Preliminary Title Report. B. Non-interference letters for existing easements and utilities. C. Security guaranteeing the cost of setting all monuments as shown on the Final Map. '. 8. Covenants. Codes and Restrictions: The Covenants, Codes and Restrictions shall be submitted for review by the City Engineer prior to recordation of the Final Map. Conditions of Approval for TS 96-91 1681 Bucknall Road Page 3 9. Management and Maintenance Agreement: Prior to recordation of the Final Map, the applicants shall furnish and record an agreement for maintenance and management of the project. The agreement shall demonstrate that the project will be maintained in accordance with the intent and purpose of the approvals, and shall provide for the ongoing financial responSl'bility of the Homeowners Association for maintenance of the common areas created by the Final Map for the life of the project. The agreement shall include provisions for maintenance of the landscape and irrigation system in the public right-of way. The agreement shall also contain a Consumer Price Index (CPI) for fee adjustment, which shall be incorporated into the Covenants, Codes and Restrictions for the project. 10. Utility Connections: Coordination shall be made with the City of San Jose for all utility connections. 11. Soils Report: A soils report for the site shall be provided which has been prepared by a qualified registered geotechnical or civil engineer. PLANNING DEPARTMENT 12. Approved Proiect: Approval is granted to construct a 6 unit detached residential planned development project. The building designs shall substantially conform to the exhibits listed below, except as may be modified by the Conditions of Approv4. A. Site and building plans prepared by Bruce Johnson, dated July 1, 1996 (w/July 23 modifications). 13. Landscaping: The applicant shall submit a landscape, paving and irrigation plan for approval by the Site and Architectural Review Committee, prior to issuance of building permits, addressing the following: A Preparation of a landscape plan consistent with the Water Efficiency Landscape Standards, including replacement for 51 trees. B. Landscape Bond or Agreement c. Driveway Pavement: Driveway pavement to be divided into distinct areas by alternative pavement treatments. D. Walkways, porch, planter boxes/edging and driveway to utilize brick to match that shown on the houses' bay window foundations. Conditions of Approval for TS 96~ 1681 Bucknall Road rJ ! Page 4 e. Ivy/fence Protection Plan: A plan for the protection of the ivy and chain link fence along the west property line, from 15' back from the new front property line to the beginning of the existing wood fencing" shall be submitted and implemented. In the event that the ivy and/or fence is damaged, it shall be replaced by a solid, .wood fence of the design indicated on the approved plans, and shall be landscaped with ivy or a vine. 14. Fencing: A fencing plan indicating location, height, and details of the fencing shall be approved by the Planning Department prior to issuance of a building permit. Plan to include a low, decorative fence (3'6") along the side property lines for the first 15', and 6' tall decorative fences along the side and rear property lines. The location of the protected area of the ivy-covered chain link fence shall be included. 15. Utility Boxes and Back-Flow Preventers: Applicant to submit a plan prior to installation ofPG&E utility (transformer) boxes and San Jose Water Company back- flow preventers, indicating the location of the boxes and screening (if the boxes are above ground) for approval by the Planning Department. 16. Trash DisposaI/Recycling: The applicant shall submit details regarding the design and location of trash disposal/recycling facilities to the City for review and approval prior to issuance of building permits. 17. Property Maintenance: The applicant is hereby notified that the property is to tie maintained free of any combustible trash, debris and weeds until the time construction actually commences. All existing structures, when unoccupied, shall have its windows boarded up and doors sealed shut or be demolished and removed from the property. 18. Park Impact Fees: Applicants to pay Park Impact In-Lieu Fee at the time of Final Map recordation and building final Current fee is $7,035 per unit less a credit for legally existing units or lots. .' 19. On-site Lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. All exterior lighting shall be installed prior to building final 20. Revised Elevations: Revised elevations for Lot 4 shall include a bay roof which follows the angle of the gable above it. The material between the first and second floor bays shall match the siding of the house (not rough-sawn plywood). Porch steps and! or other element shall include brick to match the brick on the foundation of the bay windows. Conditions of Approval for TS 96-91 1681 Bucknall Road Page 5 21. Garages: The garage for each of the units is to be equipped with automatic garage door openers. Additionally, the developers will be required to add language to the project's CC&Rs which mandates that garages be maintained at all times in such a way that they are available for the parking of automobiles. FIRE DISTRICf 22. Fire Flow: The required minimum fire flow for the project is 1000 Gallons Per Minute at 20 pounds per square inch residual pressure. 23. Hydrant: One public fire hydrant shall be installed on site at a location to be determined jointly by the San Jose Water Company and the Central Fire District. CITY OF CAMPBELL DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION ..j V ,~ ~ ~"- D';---' <J\ '-i ' r~ It (j\,/f.J k> ~\l" f\~- ~(fjQ; I: f 'cG' CHECKLIST FOR FINAL PARCEL MAPS AND TRACT MAPS ~ APPLICATION NO.: ADDRESS: It-. 1 f!weXlI\#L1 ( Instructions: This checklist provides advance notification to applicants of the City of Campbell's final map preparation and submittal requirements. Using this checklist will expedite your application through the City's review process. Prior to submitting a final Parcel and Tract Map to the City Engineer, please place an X in the space to the right of each item below to indicate you have complied with, or place N/ A to indicate that the particular item does not apply. Review applicable Subdivision Map Act Sections, which are referenced in parentheses, before checking off each item. D ITEMS IOK INA I CITY I COMMENTS A. GENERAL 1 Map agrees with the approved Tentative Map. I , V ./ 2 Map complies with Conditions of Approval \/ / regarding dedications, 3 All documents contain Assessor's Parcel v-" v Numbers. 4 Easements and monuments correspond with the ',./1/ improvement plans. 5 Title Report and map reflect fee ownership. . / ~ 6 Full map size is 18" x 26" on mylar with 1" / border (16" x 24" inside border). 7 All sheets are numbered. V- 8 No stick-on seals, lettering or details exist. / 9 Map is suitable for microfilming. / {~ <'" 10 New road names approved by the Civic V /{.....( Improvement Commission. \.' p ., '- " ,~ '\Y;"" \~~'Q el/# r -~--.... I! D ITEMS IOK INA I CO~:NTS I B. DEDICATION, CERTIFICATES & STATEMENTS 1 Dedicate public service easements as required :/ ~ for roadway or slope purposes. 2 Dedicate drainage and/or flood control / easements as required. ~-_...-,......- 3 'e'onceal.to dedication forms executed and / / .. notariZed by existing easement holders over 6: areas being dedicated for roadway purposes (66436(A)(i)) . 4 Show, fully dimension and tie to map all / easements created and easements of record, V including dedication Book and Page. 5 All easements shown for dedication have y// appropriate wording in the Owner's Statement V and purpose indicated on the map. 6 Waiver of Signatures on Map: Notification secured from public utilities and public ~ agencies (66436 & 66445(f)). 7 Owner's Statement and Acknowledgment. ./' /" (66436) 8 Name of person authorizing map (66436). I V- i 9 Trustee's Statement and Acknowledgment D ~.. (66436). 10 Soil Engineer's Statement (66443). V ./ 11 Surveyor's/Engineer's Statement including V signature, seal, number and expiration date (66441 & 66449). 12 City Engineer's Statement including R.C.E. number and expiration date (66442 & 66450). / / City Engineer is Michelle Quinney. Include separate statement for "Technically Correct" / review by Land Surveyor per Attachment B. -2- D ITEMS 13 City Clerk's Certificate (66464 & 66440). The City Clerk is Anne Bybee. /l, 14 County Recorder's Statement (66 '96 & 96466). 15 All certificates and statements signed and acknowledged with signatures & Notary seals are legible, using black media ink. (66436(c)). -3- I OK I NA I CO~NTS I v V'. ~/ V/ / U/Jl1'l~J I ( ( ( r -;/ U ~ V'.d ttQ..- w.1 CLI 0 ITEMS IOK INA I CO~iNTS I c. MONUMENTATION 1 Basis of Bearings: Two found monuments of Record appear in a statement and are labeled / on each map sheet (66434C). 2 Tie to Basis of Bearings (66434C). 3 Tie to adjoining surveys, lands, streets, or senior conveyances, including Book and Page of adjoining record maps/documents (66434C). / 4 Tie to access street intersection. ,/ 5 All monuments found, replaced or removed are described as to kind, size, tag numbers, / recorded reference/origin, and tied by survey to this map. 6 Monument right-of-way at BC, EC and property lines. 7 Monument basis required in existing and proposed City roads. 8 A monumented line shown on new subdivision roads with monuments set 8 feet off centerline 5 i I ! with ties to right-of-way. 9 Minimum 2" nominal diameter I.P. required at Section, quarter-Section and Rancho comers. " ! . -4- D ITEMS IOK INA I CO,,'i:l~TS I D. MATHEMATICAL ACCURACY & GEOMETRY 1 All bearings, distances, and curve information v shown to nearest .01 feet and nearest second. 2 Curve data complete (A,R,L). 3 Radial bearings of non-tangent curves shown. v 4 Areas net and gross calculated to nearest .01 acre. (Net is gross area less area dedicated to City for roadway purposes.) 5 Minimum road centerline radius is 650', 200', 75'. Street widths, setbacks, and/or required {. widening shown. 6 Sum of increments equals total distance or delta V/ angle. 7 Math closures correct to 1 part in 20,000. The sum of interior distances and curve data equal total. All areas compute accurately. -5- D ITEMS IOK INA I co~r:!m I E. MAP BODY 1 Key or index map with sheets numbers shown (66445b). \ I 1-- 2 Title Block: Place in upper center or upper right of title sheet and upper center or upper right or lower right of map sheets; contains assigned subdivision number; subtitle refers to existing maps/general descriptions of land \/ surveyed as denoted in Title Report; and is below subdivision number. "City of Campbell, California" is placed below subtitle. Date of survey, scale and firm name are shown. 3 North arrow shown. \.."../ 4 Use scale 40', 50' or 60' to 1" (66434 & \/ 66445) . 5 Minimum 1/8" lettering and symbol size used for legibility. 6 Legend: Found monument = solid symbol. Set monument = open symbol. Also include \/ monument type, size, and tag number, city limit line, distinctive border line, relinquishment of Abutter's rights, record data, etc., or label on each map sheet. 7 Parcel Designation: Lots designated by numbers, parcels designated by letters (66445?).Each lot/parcel must be shown completely on one sheet. 8 Distinctive border and 1/16" solid black boundary line shown around subdivision (66445 -' I & 66434(e)). Monuments on boundary lines can be seen clearly. 9 City boundaries which cross or join the t; /, subdivision appear on the map. \' i I 10 Non-measured Record lines parenthesized. -I -6- D ITEMS IOK INA I CO~~NTS I 11 Discrepancies with record data shown. Record V information used must be clearly indicated. 12 Adjoining property owners, including Book and Page, and/or recent subdivisions (showing V lot/parcel) including recording information. 13 Show sidelines of all existing and record easements by dashed lines on map, all of which shall be adequately dimensioned with widths, / lengths, bearings, and ties to the easements (94-4.214(e)). Include recording information, to whom and purpose of easements. 14 Show approved legal access with record Book ! / I and Page of instrument giving access. 15 Road names, correct spelling, right-of-way width, centerline data, setback lines and/or -, ./ V required widening shown. 16 Privately-maintained road easements shown by dashed lines and publicly-maintained roads \ ' shown by solid lines. 17 Privately maintained road note shown. Place the words "Private Road, Not City Maintained" , , under road name. 18 Common area notation, condominium notes, and air easement notes included. 19 County cadastral map grid numbers shown? I -7- '---/ D ITEMS IOK INA I CO~~NTS I F. SUBMITTALS 1 Three checkprints of the map (all sheets). 2 This completed Checklist with Engineer/Land Surveyor of Work Statement signed per 1/ Attachment A. 3 Final Map Fee: ,I Tract Map - $1,380.00 + $2~.00/Lot Parcel Map - $1,060.00 + $25. OO/Lot - . 4 Storm Drain Area fee: $ per Acre. ~I ~ 5 Preliminary Title Report current within 6 l/ months). r! ! 6 Subdivision Guarantee. r'i>? :Jj2,i j, 7 Grant Deed(s) for the property(ies) surveyed. / 8 Adjoiner deeds and senior conveyances/deeds called for in the surveyed property's deed. 9 Copy of unrecorded documents or maps, such as State right-of-way maps, used for ! I ,- preparation of this map, if any. 10 Boundary, street, and lot closures and other calculations used to prepare this map. 11 Non-interference/waiver letters from applicable / public utilities and public agencies (66436). ,.\/ "'-, ' 12 Street Improvement Agreement. 13 Soils Report prepared by a registered , ~./ Geotechnical or Civil Engineer. 14 Legal descriptions. Nl J :\MAPCKLST Revised 3/27/96 -8- r/~e J J (7 <- ATTACHMENT A ENGINEER/LAND SURVEYOR OF WORK STATEMENT APPLICATION NO.: ADDRESS: ( "$ ( eoc kl-.hJ ( R~ The map accompanying this checklist has been checked by me or under my direction for completeness and consistency with this check list. The map conforms with the requirements of the Professional Land Surveyor's Act, Subdivision Map Act, and applicable City Ordinances. The map is submitted for examination by the City Engineer. IZ-/~C Name (print): //.eo< O.J:",?f'- Signature: ?~ #&?~ , ~D?P ~/.1/ /~? / / Date: LS or RCE No.: Expiration Date: -9- """..........'-4. ~,u .:..z- " 5 7 7 pn GE 2 2 0 8 - ~......,.. ~1c.go Title ea.pany CU 715985 MD _WNIIII.~IIIL _DaD... UlUlaontlJ'o ....... -.cw. -. TM..,.......TCk . . Dan Griffh I Mob," c;art"wait ..... .... 1615Ihaclm.U.... c..pbel1. cal1f~1. 'SOOI 1./2447G ~ RecClfd8d It the ,....n ~ ~ Title 1NUl'anC8 JAM . 1993 IdIDAII LlIIIIIClI... ~~... __ SUIfl CUIIA coua1Y. ...- AD ,,4 Ci?: "I i 1'Ide Order Na.. 71nl. - LaD Eaaew No.. 71StlS .ID ---...----.. GRANT DBBD ". WIlIaIipaI............ __WflrMlfer au iI IICM .. II . 111 -JMl!llI_....,. --.,... 1M... or pnIpIItJ ~ Of II C -..... .. .... ,..... ... ........ 01..... or.......... ......w......... II ... .... fit... ". .......'.,.......... ...ctltJl....,~r au" naae ".........a................... C ~.,.. iii a,aI~l1 PORA VALU~CONSJDERAnON.reaJplol....II....,..... tll' ~..~. . a ClU'tlNUc .... 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O. 01' W. 300.00 f_e to eM poiDC GI ......... ... ... a .-li. d die Quico MBcIbo. ...... \A _. TRACT NUMBER \~' PLEASE TYPE OR PRINT Hl IL Y - YOU GET TtfE l--ASl COpy County of Santa Clara Current Planning Office 70 W. Hedding St., San Jose, CA 95110 Phone: 299-2454 See Instructions Below I !VOII 27 1,996 1. Location of Tract /68/ Bvek'I'(\.lI Rcl. <:. u) .~'.. (\ ,~ I' 3. Number qf Lots'.l& Units b 4. Approximate Acreage 2. Proposed Tract Name Alone 6. Owner's Name ~f-<# "h(1.1'\ 4 Ko!oe: J-j () r tI A. + I", 5. Date of Planning Commission Approval of Tenative Map Au~ -st '3 Owner's Address ;z. 51 "e.1 v've D h ve 0'::, (-?.....+o~ CA c.jejo32.. 9. Engineer's Address and Phone Number -: .t.c. "33!$'O ~olt 8/vcl~ f3ld~ zz I-;'l" q...,.lV ~v4,/':~5 ,~..... t...... "'..~ !>.:, 0 ' 11. Is the Tract Proposed 12. If the answer to 10 or 11 is for Annexation? yes, What City? Yes No '-:'::"<-""1 b<:::./I o. t.} Z AG. 7. 7 8. Engineer's Name X'le r d t.v~, Gt"i ':'::'1 ",.I 10. Is the Proposed Tract in an incor orated City? e No 13. Remarks: INSTRUCTIONS FOR COMPLETING TRACT NUMBER REQUEST FORM: 1. Existing frontage and intersecting adjacent streets or reference to existing tract limits. 2. If unknown, so state. Name must be provided prior to recordation if name is to be used. 3. Self explanatory. 5. The tract number will be issued only after the Tentative Map has been approved by the Planning Commission. 6. through 12. Self explanatory. 13. For additional comments by private engineer/surveyor. NOTES: 1. Enclose copy of approved Tentative Map. 2. The form shall be filled out and the gold copy retained by the engineer. 3. All other copies must be forwarded to Current Planning Office. 70 W. Hedding St., San Jose 95110 4. Where development involves more than one unit, submit a separate Tract Number Request for each unit. 5. TractNumber is automatically void if not used within one year from the date of issue and request in writing for renewal has not been received. 6. A request for renewal shall be in writing and shall include the date of the re-approval or extension and the length of time for such extension 7. The assigned number is not transferable, except upon written re-application. 8. Enclose $ 50 issuance fee. TRACT NUMBER ASSIGNED: This space for machin~ validation c91 .2 :Jv REQUEST COMPLETE BY DATE Routing White - Land Development Coordinator Green - Owner's Engineer Canary - Planning Commission Pink - City Engineer Goldenrod - Owner's Engineer (Preliminary Copy) S6240 REV 8/88