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1725 Bucknall Rd. (98-01) / /-. .,.,. / STEVEN A. ARNOLD - C :ngineer, Inc. 1885 THE ALAMEDA, SUITE 130. SAN JOSE, CALIFORNIA 95126. TELEPHONE (408) 557-9005 July 12, 2001 SAA Job # 137-97 City of Campbell ~/ Public Works/Building Inspection 70 North First Street Campbell, CA 95008 SUBJECT: ;--'1725 Bucknall Road Campbell, CA RECEIVED JUt 1 2 2001 PUSlIC ADMIN,al"WORKS Jlr'ON Gentlepersons: The grading and drainage provisions as shown on the grading plan prepared by this office on plans dated 19 August 1999 have been completed. The grading and drainage measures are in substantial compliance with the approved set of plans. A field inspection was made by myself on or about 10th of June 2001. Should you have any questions, please feel free to contact me at (408) 557-9005. STRUCTURAL DESIGN . LAND SURVEYING . BUILDING INSPECTION . GENERAL CIVIL ENGINEERING SERVICES STEVEN A. ARNOLD - CiI 7gineer, Inc. 1671 THE ALAMEDA, SUITE 305 . SAN JOSE, CALIFORNIA 95126 . TELEPHONE (408) 286-9111 July 15, 1999 CITY OF CAMPBELL 70 North First Street Campbell, CA 95008 SUBJECT: Marko Duchich 1725 Bucknall Rd. Campbell, California RECEIVED JUL 1 5 1999 :UBLIC WORKS DMINISTRATION ATTN: Chuck Gomez Enclosed are 2 copies of the soils report for the Marko Duchich site located at 1725 Bucknall Road. Respectfully submitted, .~~ Steven A. Arnold Civil Engineer STRUCTURAL DESIGN. LAND SURVEYING . BUILDING INSPECTION . GENERAL CIVIL ENGINEERING SERVICES Ci.. STEVEN A. ARNOLD - Civil Engineer, Inc. 1671 THE ALAMEDA, SUITE 305 . SAN JOSE. CALIFORNIA 95126 . TELEPHONE (408) 286-9111 SOILS REPORT FOR MARKO DUCHICH 1725 BUCKNALL ROAD CAMPBELL, CALIFORNIA STRUCTURAL DESIGN . LAND SURVEYING . BUILDING INSPECTION . GENERAL CIVIL ENGINEERING SERVICES Ci.. STEV~N A. ARNOLD - Civi/1=ngineer, Inc. 1671 THE ALAMEDA. SUITE 305 . SAN JOSE. CALIFORNIA 95126 . TELEPHONE (408) 286-9111 February 17, 1999 MARKO DUCHICH. 875 Emory Avenue Campbell, CA 95008 Mr. Duchich: At your request I made a geotechnical investigation of the single family residential building site located at 1725 Bucknall Road, Campbell, California. The purpose of my investigation was to evaluate the surface and subsurface soils in order to make a recommendation for the foundation type which will be used to support the 3 single family residences that will be constructed on the site. My investigation consisted of the following: 1. Visual observation of the soil profile down to a depth of 25 feet below the existing ground surface. 2. Laboratory analysis of the upper 18 inches of the existing on-site soils. s.nE. The single family building site located at 1725 Bucknall Road, Campbell, California, is located in the Northwesterly portion of the City of Campbell. Single family residential use surrounds the site. A single family residence and STRUCTURAL DESIGN . LAND SURVEYING . BUILDING INSPECTION . GENERAL CIVIL ENGINEERING SERVICES Ci.. -2- DUCHICH detached garage and guest house are currently situated on the site. Three single family residences are proposed for the site and will be constructed in late 1999. In addition to the single family residence and detached garage, there are several fruit trees which exist on the site. The site while essentially flat, slopes slightly down and towards the public street. SURFACE AND SUBSURFACE INVEST:IGllT:ION A single 4 inch diameter hole was drilled to a depth of approximately 25 feet below the existing ground surface. Figure 1 denotes the approximate location of the test boring. The test boring consisted of visual observation of the existing soil profile and the taking of soil samples at various intervals of the test boring. The test boring was made with a 4 inch diameter continuous flight auger. At various intervals, undisturbed soil samples were taken from the boring. These samples were taken by driving a 2 1/2 inch diameter split spoon 18 inches into undisturbed soil. The soil sample locations as well as the soil profile are shown on Figure 2 of this report. .... -3- OpCHICH The soil samples were taken by driving a 2 1/2 inch outside diameter split spoon 18 inches into the soil. The split spoon was driven by a 140 lb. hammer free falling from a height of 30 inches. The number of blows necessary to drive the split spoon 18 inches into the ground surface are noted in Figure 2 of this report. The blow counts were converted to standard blow counts and are noted on Figure 2 of this report. The blow counts are an indication of the strength of the existing soils. An explanation of the blow counts and soil types is noted on Figure 3 of this report. Beginning at the surface level of the site running down to a depth of approximately 15 feet below the ground surface, a - brown dry silt was encountered. Beginning at 15 feet below the ground surface, a brown rocky silt was encountered. The rock which was approximately 3/8 of an inch in diameter was evenly dispersed through out the soil. At a depth of 20 feet below the existing ground surface, a light brown sand stone/shale combination was found. This sand stone/shale combination was very hard. The boring was terminated at a depth of approximately 22 feet below the -4- DUCHICH existing ground surface. Ground water was not encountered in the boring. DiSCUSSiON AND FOUNDATiON RECOMMZNDATiONS It is my opinion that the site is suitable for the construction of single family residential units. The 3 units proposed for the site will be a combination of single and 2 story structures. The structures are anticipated to be wood frame and will be constructed primarily at grade. It is my recommendation that the proposed structures be supported by a pier and grade beam type foundation. The pier and grade beam type foundation is recommended due to the relatively small site and limited drainage features of the site. The pier and grade beam foundation will allow ground saturation without differential settlement of the foundations. Differential settlements of approximately 3/4 of an inch maximum may be experienced for the proposed structures. Specific foundation recommendations are given later in this report. .... -5- DUCHICH GRADiNG AND DRA:INAGE CONSiDERATiONS Since the subject site is relatively level, I would recommend that the proposed building pads under the new residences be raised approximately 6 inches. This will allow water run off to drain away from the structures and minimize potential differential settlement. Roof down spouts should be connected to concrete splash blocks so that all roof run off is directed away from the structures. It is anticipated that dry wells will be constructed on the site in order to minimize off site flow of roof and site run off. On-site soils may be used for the raising of the pad grades. Care should be taken to ensure that the re-graded pads are compacted to a relative compaction of 90%. Should imported soil be needed to raise the building pads, the import material must be approved by the civil engineer before it is brought to the site. The import soil must meet the following conditions: a. Have a R value not less than 25. b. Have a plasticity index not higher than 15. c. No more than 15% of the material may pass the number 200 Sieve. d. No rocks greater than 6 inches in diameter are permitted in the imported material. -6- DUCHICH FOUNDATiON RECOMMENDATiONS The proposed residences should be supported with a pier and grade beam type foundation. Drilled-in-place, 12 inch diameter piers will adequately support the proposed structures. The drilled-in-place piers should be drilled to a depth no less than 10 feet below the existing ground surface. The piers should contain than no fewer than four #4 rebars tied at the top, middle, and bottom portions of the piers. A qualified civil engineer should be present during the drilling of the piers to ensure that no unusual soil conditions are uncovered and that the pier depths comply with the recommendations of this report. Skin friction values of 375 Ibs. per square foot of pier area may be used to support the design values from the structure above. The piers should be placed no closer than 3 diameters nor no further than apart 8 feet. A reinforced concrete beam must be used to span the piers. The reinforced concrete beam should contain a minimum of two #4 rebar in the top and bottom portions of the grade beam. Interior spread piers should be drilled to the same depth as Ci.. -7- QUCHICH the perimeter piers. However, only a single #4 rebar need to be placed in the interior piers. The upper 18 inches of surface material must be excluded in determining minimum pier depths. A project civil/structural engineer will determine the maximum spacing of the drilled in place piers. Passive resistance of the existing on-site soils may be equivalent to that of fluid weighing 350 Ibs. per cubic foot beginning at a depth of 12 inches below the existing ground surface. The passive soil resistance pressures may assume to be at least twice the diameter of the existing perimeter piers. All piers must be free of all loose and deleterious materials prior to placement of concrete in the piers. The design civil/structural engineer should be present prior to the placement of concrete in the piers to ensure pier cleanliness and adequate pier depth. SLAB-ON-GRADE CONSTRUCTiON Slab-on-grade construction is not recommended for the living portion of the structures, however, slab-on-grade construction is certainly adequate for the garage portion of -8- DUCHICH the structures. All concrete slabs should be no thinner than 4 1/2 inches in thickness and placed on a minimum of 4 inches of crushed rock. Care must be taken to ensure that reinforcing steel is placed in the mid portion of the concrete slab. #3 rebar placed 30 inches on center is recommended for the reinforcement for the concrete slab-on-grade. 6x6xl0 gwwf may be used for slab reinforcement provided the wwf is located in the mid portion of the slab. Prior to placement of concrete on the garage sub-grade, the sub-grade should be soaked a minimum of 12 hours prior to placement of the concrete slab. The concrete slab should be prevented from adhering to the concrete perimeter footings. This may be achieved by placing a 1/2 inch wide saturated asphalt felt strip to the existing concrete perimeter footings. Utility trenches when constructed parallel to the proposed foundation of the structure should be at least 3 feet from the proposed foundations. Where utility trenches extend under or through the proposed foundation, back fill should be tightly placed in the utility trenches to prevent water from entering the under floor area of the structure. .... -9- DUCHICH SEiSMrCiTY The Bucknall site is located in a seismically active San Francisco Bay region. The San Andreas Fault located approximately 7.5 miles Southwest of the site will most likely be the source of the ground shaking. Based on the historic records and general seismicisity of the San Francisco Bay region, this site, within the next 40 to 50 years will probably be shaken by at least 1 seismic event, producing a peak ground acceleration of .5 g or greater. Although ground shaking could be severe, the soil under the site is not likely to liquefy nor become unstable. It is my opinion that the site is suitable for single family residential use. The minimum standards of the 1994 Uniform Building Code must be used in designing and/or constructing a residence on this site. TRENCH BllCKFiLL All utility trenches should be backfilled with compacted engineered fill. If on-site soil is used, the material should be placed in lifts not exceeding 8 inches in uncompacted thickness, and should be compacted to at least 85 percent relative compaction by mechanical means only. -10- QUCHICH Sand should not be used in providing trench backfill. Minor amounts of sand may be used to provide bed lining for utility lines and/or pipes. In all pavement areas, the upper 3 feet of trench backfill should be compacted to at least 90 percent relative compaction for on-site soils. In addition, the upper 6 inches of trench backfill in pavement areas should be compacted to at least 95 percent relative compaction. PAVEMENT The proposed subgrade under pavement sections, native soil, and/or fill shall be compacted to a minimum relative compaction of 95% at 3% above optimum moisture content for a depth of 6 inches. All aggregate base material placed subsequently should also be compacted to a minimum relative compaction of 95% based on the ASTM Test Procedure 01557-78. The construction of the pavement in the parking and traffic areas should conform to the requirements set forth by the latest Standard Specifications of the Department of Transportation of the State of California and/or City of Campbell, Department of Public Works. .... -11- DUCHICH M:INIMDM PAVEMENT SECTiON The access road that serves the proposed 3 residences should have a pavement section of no less than 3 inches of asphalt concrete placed over 8 inches of class II aggregate base. The aggregate base must be compacted to a relative compaction of 95%. The pavement subgrade should be scarified to a depth of 12 inches below the existing ground surface and recompacted to a relative compaction of 90%. ALTERNATE PAVEMENT SECTiON Concrete pavers may be used for the access road provided the pavers are placed over a minimum section of 9 inches of class II aggregate base. The aggregate base must be compacted to relative compaction of 95%. Should you have any questions regarding this report, please feel free to contact me. Respectfully submitted, Steven A. Arnold Civil Engineer APPENDIX A MATERiAL FOR FiLL & COMPACTiON PROCEDURES Any fill exceeding 6 inches in thickness should be placed as engineered fill. On-site or imported material to be used for engineered fill should meet the following minimum requirements: a. The soil should have an organic content of less than 3 percent by volume. b. The soil should not contain rocks or lumps greater than 4 inches in maximum dimension, and no more than 15 percent larger than 2.5 inches. c. The upper 2 feet of soil below final grades should have a plasticity index of 15 percent or less and a liquid limit of less than 50 percent to prevent excessive shrinking and swelling of the soil beneath foundations and pavements after construction. d. Any required imported fill should also have a plasticity index of 15 percent or less and a liquid limit of less than 50 percent. CALCULATED BY CHECKED BY SIGNED BY RCE NO. _ STEVEN A. ARNOLD Civil Engineer ui71 The Alameda Suite 305 SAN JOSE, CALIFORNIA 95126 JOB NO.: DATE: PAGE: OF PROJECT: . .. 7,3. ~5 . PCL A. 59.35 I-' -...J II I-' , . IV - I-' C'I f-' I-' \0 -....J PCL B . 0 I--' C'I 59.35 PCL C Boring #~ ~ 59.38 . BUCKNALL. roAD FIGURE 1 TEST BORING LOCATION s.<,;;~ B";::, C O..:"~ y L. ~':,:O r .:;.;.p 0 U -. "-.ly~ L - E W . -'N ........ .,... ..'-;. . '~'~ T ML .... o 5 D E:.~. p -~. ':e .~.-:.: H 7;,- :I . N' ::-. 10 .. . -- f' E.~:: E~~ T..- 15 20 SOIL DESCRIPTION ~Brown silt ML 5 Brown silt (dry) ill ML ML GP STEVEN A. ARNOLD CIvil EnginHr 1671 The Alameda Suite 305 SAN JOSE, CAUFORNIA 95126 (408)286-9111 12 ill 27 ill Brown silt Brown rocky silt with 3/8" rock Light bro,.m sandstone FIGURE 2 OORING 1 SUMMARY OF BORING IOG DATE: 17 Feb. 99 PAGE: 7 OF: 9 JOB #: 138-98 ouchich site 1725 Bucknall Road Campbell, CA .... s:.::-::~ ': ~;~~~_~ 0...... ...-;.:.0 I':':=:: ~ o~:::-.u 1.-::-1: W==-~:::N '''"7~'':". . ':"'~'T GP 20 25 GP 0:"- . E~~ -~ p.7- -- T:=::-.... ." -~ iJ-~ -.;..~.'" ~.~;':" X.'-~ '7~": ~'30 ;i:.. .'~: lI:/'=J~... ..~ v- .-.. ~. T~~~-::- 35 4Q STEVEN A. ARNOLD Civil Engineer 1671 The Alameda Suite 305 SAN JOSE. CAUFORNIA 95126 (40&) 286-911.1 m SOIL DESCRIPTION Light brown sandstone Very hard dense sandstone/gravel Boring tenninated FIGURE 2a OORING 1. SUMMARY OF BORING LOG DATE: PAGE: OF: JOB I: DUCHICH SITE 1725 Bucknal1 Road Campbell, CA 17 Feb. 99 8 9 138-98 ~ ....111 . -- - - ~ - - PR IIURT DIVISIONS GROUP $ICDNDUT D IYIS I OMS STuOt - ... & . :Ul. nLL CUUD nunl a'eL-saIlD .,ITVI11. ... .. . .. II Llnu DI liD ... . - ..lanLS ,,"no . - . tit a u . UIS un ,oalLT ClaaeD 'la,eLS aa 'la'IL-saIlD .,ITUI1S. LITTLI - . ~ . ... 01 tit . - III . . a- SS FlUS) DP U fllln. ~ .. =- ............ ow & .-- - - - .. e a - -= .. .. .- SalnL SlUT cluns. ClaYEL-S1ND-IILt .'ITUIE. lOll-rUn I C tit . .. .. ... GII . ... .. .. "II[S. . .. . .,TII -;. a ... & ... - . - III . - - - . . "liES lie z .. . u ... CLUn unEU. ClaYEL-lllla-CLA' IIIITUIES. 'USTI e ,Uu. - ... e ... . ... - IE . ... - ... . .. eun IfLL CI1DED SAIIDS. IIIYEll' SIIlDS. LITTLl DI liD rllltl. .. & .. ... ... - IUOS $I . - . .. - ... . . .. . u . (LEU THall ... . ... III . &.. IE & D :...-.- ,. 51 F1IllS) S, PDalLT ,aaD[D sallas 01 'la'[LL' sallas. LIT'LE DI lID '..n. e - ... Z D - .. zo"---. ~ CoI .. lit - lit _.. SILTY SUDS. UID-SlLT IIUTUUI. IIOII-'UST I C F1UI. . .. ... UIIDS SII . .. . ... IITN , . . .. .. - - . . . flUS SC CUTU SUDI. saIlO-CLIY IIIITUI[S. ,unlc 'UU. u .. ... INalCINIC SILTS aID 'II' rille sallas. IDCI 'LDUI. SILTT DI .. IL - .. ..- CL1TEY ',NE SIIIDS al CL1TfT SILTS 1"11 ILI.N' 'LISTICITT. ... . . ... :-..- ~ ... - ... ~ -;::. CL l.alcalllC CLITS D' LDI TD IIEalUI 'LISTICITT. IUULLT - .. ow .- c a . .. ~ ~ -- . ela,s suaT ClIn SIl TT cun uu cun. M . ... - u :..-- - ... ... -- OL a ... . - OICINIC liLTS .IID aIC.IIIC SILTT CLIYS D' LD. 'LISTICITY. 1M . & .. Z ... - - - ... IIH IIIDIC1NIC liLTS. IIICICEDUS 01 DllTDMaCEaUS ',NE sallaT DI . .. ... . .. ... -= . .. .. .. -- SlLTT saiLS ELlSTIC SllTl. .. . ... - ... . -. .. .- ... ... ~ - -- CH III .- .. =- s_ .. INOIIIIIIC CL1YS D' HilI 'lISTleITY. 'IT CLIYS. . .. ~ --.- Z a - ~ - u -... . ... .. .. lit ... -- .. - aH alCINle CLITS a,'.EaIUI TO 1I1'N 'LISTICI". OIUUC SlLU.. .. - . - HICHLT DlCUIC PT PElt ..ua Dnn III1I1LT DlCUIC SOILS. . - SOILS DEFINI Tl ON OF TERlIlS GRAIN SIZES u.s. STANDARD SEIIES SIEYE. CLEAR SQUARE SIEVE DPENINC! 200. 40 16 4 3/4" 3" 6" SILTS ~ CLAYS DISTIN- SAND IiIAYn CDIILES ;UISHED DN BASIS OF aOULDERS 'LAST I C I n I rau , MEa IUI I COUSE " III I ecun . MOISTURE CDHDITIDH (INCREASING MOISTURE ) DIT SLI SHTLY DAII' DAII' lIalST YEJlY 10 I Sf m ( SATURATED) (pl) Cll) m . SAl'!PLE TYPE P!:HtT1UTIO" USlSTAllaf ~ SKtuT .WlE I'r rvSKlJll: 12 - STAIlDlIlD PDfI:rUTIO" IUlSTAJICZ OJ 111 IIDIII rn nlOL . ~ 1l1~ FIlDK IlJUvn sAHnD ~ _ ItDVS PD FOOt' VIT1I a IlKlVE1l ill STAII1lAaD nUT SPOClII '.IJlCR O.D. SAHPU1. o lAG or arrnlCS SAHPtDS DItl'Vn V1't'B A lloo-U. VEICft FAU.11G " DlSTallCE OF 30 11lCBES. CDN S J STEH CT ~ RELATIVE DENSJTY CUTS ~ 51 LTS BLOIS/FOOT- STRENGTH' ~ SANDS l G1tAVELS BLDlS/FOOT- un son D-I D4 I nn l DOSE 0-4 san 2-4 ~4 LOOSE '-aD "II '-I ~. IUIUI UIlSE to-U IT", I-II 1-1 UISI JD-50 TIlt ITI" 11-22 2-4 unaulI nu sa IIU. nn 32 nn a · Numa.r .f blow. of 1'0 pound h.mm., fall i nl 30 ineAu to drin I 2 incb D.O. ( 1-311 inca I.D. ) Ipll t IPDOn (ASTI D-1SIS). - t Unconfin.d compr.lli.. str.n,th in tonalslI ft. R.ad Irom I poek.t p.n.trometer. STEVEN A. ARNOLD EXPLANATION OF OORING I..CG [DAn:: 17 Feb. 99 Civil Engineer FIGURE 3 'PAGE OF 9 9 1671 The Alameda Suite 305 MARKO DUCHICH SI'IE SAN JOSE. CALIFORNIA 95126 . - .. 1725 Bucknall Rd., Campbell, CA .. JOB (J 138-98 , ~4O o ~ ~3O o i= (/) :S2Q ~ I- '2S.7 z ~ '2S.2 z o 024.7 a: ~24.2 c( 3: 23.7 23.2 22.7 . .... 60 LIQUID A J PLASTIC LIMITS TE' .. REPORT Dashed line indicates the approximate upper limit boundary for natural soils 50 110 10 7 4 - MH OH 10 50 UQUID UMIT 90 70 30 Zl.2 26.7 26.2 -..... "-.. ~ ........... ........... ........... "'-t. ... .... ......... ....... ........ ..... ....... ....... ,... 22.25 30 20 '2S 40 10 NUMBER OF BLOWS MATERIAL DESCRIPTION LL 24 %<#40 PL 19 brown clayey SAND tr.gravel PI 5 %<#200 USCS Project No. 149-011 Client: Sleven Arnold Project: Bucknell Rd. Campbell Remarks: . . Source: tube Sample No.: a LIQUID AND PLASTIC UMITS TEST REPORT COOPER TESTING LABORATORY Plate STEVEN A. ARNOLD - Civil gineer, Inc. 1671 THE ALAMEDA, SUITE 305 . SAN JOSE, CALIFORNIA 95126 . TELEPHONE (408) 286-9111 September 17, 1999 City of Campbell Public Works 70 North First Street Campbell, CA 95008 SUBJECT: RECEIVED SEP 2 0 1999 1725 Bucknall Road PUBL.IC WORKS Campbell, CA ADMINISTRATION <5,~..bt0~\~.t---..y-.;;;.~ Chuck Gomez ATTN: Please find the final set of revised drawings of the grading plan for the subject project. I have shown the fences to be high as 7 foot 9 inches above the adjacent sites. ReSpe~tfUllY S7~ed: /) t!hktf t/d~ Steven A. Arnold , Civil Engineer CE22301 cc: Mark Duchich STRUCTURAL DESIGN . LAND SURVEYING . BUILDING INSPECTION . GENERAL CIVIL ENGINEERING SERVICES ~ t /~.F, . -e '.z ;-2-,-;0------- ! t 'I - t . I t I t- 1. -;:. .~ ~ .~. ,/ -.------------- ._-~ -- - --------- I / PA': : , /"""'''r-. r.. ! I"';:'" .:- ~.-' ' -' ~ --- - --.......- -- ,'./. ..--- '-' ~..) -' \::.: .. . o t ':J 1 4 !lv, q ~'" . t 1-1-' ---lr-t1 C1 ;:~l.jc.e J 2~~ (r;~ ;>.' ~ ,,,1 J \ (\ I '~v1' .- -< \:C. "- -"S -'},..q i 'l- ';~/ :.{~/.? I r ." -/ / , .~- . .. <'\ : 1 I) / '_~__. /I. v/ r " ~--~-- '-, ~ rJ c:.. / j ./ ;-- ~-{... ,:-T:: ,;; C~ COd' 10 / -- . .L _.- -~ '..----- -- ----_. .-:~~;r.,,;'~: ~.'; , , ~. I , '~ ' ~l t~1 ..- - \ t 1- ..j. ~ , ,I i 0(. H i ,i I : I I ' I i , .-ft c.._ i \', I, "t~ Q I;'; C. C'::" /J) .A 0... f ~ , ../ ~../"CJ' C \ II /1 ;::: r..r? I - V_~_ RECEIVED SEP 1 4 1999 PUBLIC WORKS ADMINISTRATION -.-- ;~ ' -:.. ~ il - '.~ z :5 a.. w ~ C <( <( Z 0 < ~ a::: o ~- (,0-1 o ~<{ z I Z <( me m_ ~ .- a: z- -~ ~ a::: Lf: a::: L.&.J" C> a.. ~ \.. . ~\o ,<to . ~':-, ~ M.." i....,J ~...~... ~ - ..:~~.~~j ... . "..' :'';/'' <;, ~../ .~. -( v~ <ll;" . SCALE. NOTE SHEET: 4 OF STEVEN A. ARNOLD - Civil gineer, Inc. 1671 THE ALAMEDA, SUITE 305 . SAN JOSE, CALIFORNIA 95126 . TELEPHONE (408) 286-9111 September 13, 1999 City of Campbell 70 North First street Campbell, CA 95008 Attn: Chuck Gomez RECEJVED SEP 1 4 19~9 PUBLIC WORKS ADMINISlRA liON Subject: 1725 Bucknall Road Campbell, CA I received your fax dated 13 September 1999, relative to the top of wall grades and the grades of the catch basins for the subject site. On Sheet 2 of 4, the Northerly and Northeasterly catch basin rims have been modified in accordance with your fax dated 13 September 1999. Detail 5 and 3 on Sheet 4 have also been modified. I have submitted prints of sheets 2 and 4 that reflect these changes for your review and final approval. cc: Marko Duchich STRUCTURAL DESIGN . LAND SURVEYING . BUILDING INSPECTION . GENERAL CIVIL ENGINEERING SERVICES "- STEVEN A. ARNOLD - Civil E .7eer, Inc. 1671 THE ALAMEDA, SUITE 305 . SAN JOSE. CALIFORNIA 95126 . TELEPHONE (408) 286-9111 September 17, 1999 City of Campbell Public Works 70 North First street Campbell, CA 95008 ATTN: Chuck Gomez . I SUBJECT: 1725 Bucknall Road Campbell, CA Please find the final set of revised drawings of the grading plan for the SUbject project. I have shown the fences to be high as 7 foot 9 inches above the adjacent sites. Res;~:Y ;?;;~~?vf Steven A. Arnold , Civil Engineer CE22301 cc: Mark Duchich ~~o ~0~\ \~~~ d~ ,,~ ~tO ~ <'..~ '" _o.10~\O~ S" 't' ..'\ ~.lj to ,$/0 ~$~~~\: ..0 STRUCTURAL DESIGN . LAND SURVEYING . BUILDING INSPECTION . GENERAL CIVIL ENGINEERING SERVICES STEVEN A. ARNOLD - Civl gineer, Inc. 1671 THE ALAMEDA, SUITE 305 . SAN JOSE, CALIFORNIA 95126 . TELEPHONE (408) 286-9111 Ci ty of Carrpbel1 Public Works 70 North First St. Campbell, Calif. 13 Sept. 1999 Subject: 1725 Bucknell Rd. REceiVED SEP \ 3 1999 JilUil..le WORKS ADMINI8TRATION_ Attn: Chuck Gorrez Attached here to is a revised set of plans reflecting the latest changes the city requested. '!he finish grade on the Easterly line has been raised to accorrodate the overland release. In addition the grades of the adjacent sites are now shown on the site plan. '!he date under my signature reflects the sheets changed. We are anxious to start work on this project. Please call rre if there are any new chang STRUCTURAL DESIGN . LAND SURVEYING . BUILDING INSPECTION . GENERAL CIVIL ENGINEERING SERVICES ST~VEN A. ARNOLD - Civil )neer, Inc. 1671 THE ALAMEDA, SUITE 305 . SAN JOSE, CALIFORNIA 95126 . TELEPHONE (408) 286-9111 September 1, 1999 Revised 9/3/99 city of Campbell Planning Department 70 N. First Street Campbell, CA 95008 Attn: Aki Irani RECE'VEO SEP - 9 1999 PUBL.IC WORKS ADM'N'8TRAT'O~t Public Works Attn: Chuck Gomez Subject: 1725 Bucknall Road ZC-98-01, PD 98-01 PM 98-01 Gentlepersons: Attached please find 1 set of prints of the grading and drainage plan for the subject project. Please note the following: 1. The existing fence located at the Westerly boundary line has been field verified to encroach no more than 6 inches onto the subject site. 2. The maximum fill needed on site to promote site drainage is no more than 16 inches. 3. The site Naat of the subject site is at least 18 inches higher than the subject site. 4. The site immediately North of the subject site is approximately 12 inches above the subject site. The proposed fence along the Westerly property line and Northerly property line will be no higher than 5 feet above the new grade. I believe this address the grading and the boundary issues for the site. Please respond to this office at your earliest convenience. The previous letter reversed the Easterly and Westerly lines. I regret the confusion that this mistake caused. STRUCTURAL DESIGN . LAND SURVEYING . BUILDING INSPECTION . GENERAL CIVIL ENGINEERING SERVICES STEVEN A. ARNOLD - Civi,gineer, Inc. 1671 THE ALAMEDA, SUITE 305 . SAN JOSE. CALIFORNIA 95126 . TELEPHONE (408) 286-9111 September 1, 1999 ATTN: Aki Irani RECEIVED SEP - 2 1999 PUBLIC WORKS ADMINISTRATION CITY OF CAMPBELL PLANNING DEPARTMENT 70 North First street Campbell, CA 95008 PUBLIC WORKS ATTN: Chuck Gomez SUBJECT: 1725 Bucknall Road ZC-98-01, PD 98-01 PM 98-01 Gentlepersons: Attached please find 1 set of prints of the grading and drainage plan for the subject project. Please note the following: 1. The existing fence located at the Easterly boundary line has been field verified to encroach no more than 6 inches onto the subject site. 2. The maximum fill needed on site to promote site drainage is no more than 16 inches. 3. The site East of the subject site is at least 18 inches higher than the subject site. 4. The site immediately North of the subject site is approximately 12 inches above the subject site. The proposed fence along the Westerly property line and Northerly property line will be no higher than 5 feet above the new grade. I believe this addresses the grading and the boundary issues for the site. Please respond to this office at your earliest convenience. cc: Marko Duchich STRUCTURAL DESIGN . LAND SURVEYING . BUILDING INSPECTION . GENERAL CIVIL ENGINEERING SERVICES S'" ::.VEN A. ARNOLD - Givl gineer, Inc. 1671 THE ALAMEDA, SUITE 305 . SAN JOSE, CALIFORNIA 95126 . TELEPHONE (408) 286-9111 July 19, 1999 Subject: Duchich parcel map 1725 Bucknall Road Campbell, CA RECEfVED JUt 2 0 1999 PUBLIC AOMINIST~~~~~ City of Campbell Department of Public Works 70 N. First street Campbell, CA 95008 Attn: Howard Housley Mr. Housley: The following comments are in response to your comments dated 14 July 1999 for the subject parcel map. 1. The measured bearing and distance for San Tomas Aquino Road between Bucknall Road and La Pradera Drive is now noted on the map. / 2. The monument for the centerline intersection of San Tomas Aquino Road and Campbell Avenue does not exist. 3. The bearing and distance of Fulton Street between Bucknall Road and Whitwood Lane was not field measured. The record distance shown is sufficient. 4. The map now reflects the measured distance from San Tomas Aquino to the Westerly limit of the subject parcel. 5. The Southerly half street dimension of Bucknall Road lS now noted on the plans. 6. There is no tag in the iron pipe in the monument at Fulton and Bucknall Road. 7. The deed reference (3876 O.R. 178) is the deed I used to locate the subject boundary. I am not going to use another deed. Both deeds meet the intent of the distance call from San Tomas Aquino. STRUCTURAL DESIGN . LAND SURVEYING . BUILDING INSPECTION . GENERAL CIVIL ENGINEERING SERVICES -. I am not concerned about the lines of The topo was made before the boundary boundary lines shown are approximate. the property are aware that there may of fences in either direction. use for this site. survey and the The owners of be encroachments I have enclosed 3 prints of the modified parcel map for your convenience. cc: Duchi~h, et al CALCULATED BY ~ S CHECKED BY 5 AA . " SIGNED BY RCE NO. 1.1,20 \ STEVEN A. ARNOLD Civil Engineer 1671 The Alameda Suite 305 SAN:JOSE, CALIFORNIA 95126 PROJECT: 0 L.-/ c h ~C VI i JOB NO.: 13 '1:1L- DATE: ~ jlt-t I ~9 PAGE: I OF Or2/~( l\J AC1C . . . . - . . ~ . . CALCI..{' t...A{1 O{~ .'0.... :. ....;.;.;..,~F1'\~'irh .... C (-"- ': ;' :'1,:' C~ ;...): l tl- V<'-"."~> . . Q ::; RCJA 1(: r:. ('} MAR 2 4 i.).J:1 (4) PUBLIC W O'l~< S AW,:,iNIS Hit\ liON where: Q = the peak rate of runoff in cubic feet per second for a return period equal to that of the rainfall I. R = a reduction constant to allow for the difference between point and areal average rainfall intensity and for the effect of channel storage. C = a runoff coefficient expressing the fraction of the rainfall which is assumed to become direct storm runoff. I = the ra infall intensity in inches per hour for a duration equal to the time of concentration of the watershed and having the return period appropriate to the project conditions. Refer to Section 4. A = the drainage area in acres tributary to the design point. c ., C).tO - A ::: It~oo 6.F. - O.3~5 Ac. ... rz =: l/c f c, ::: 10 ~H{) ~ '2 lNU '^ - \ 2. ~\'^' - ,"'.to.d ..- ,,'.,\\. \ ..' ;/A,.,i.." , v. I ~Jo C223C i \ \ , :p. ..,0pf 8:::, ! : f ~ / ,'/ \;.. '~ ...'~.. ~, ;.-!1f-~ ....~ ~ .I.~ 1~./hV-. D.. = 1.0 ( 0, 70) ( I ,~) ( o,~~ 5) "" Capoc1 +ct 12" ~ <f. c. .1. ::: ~.tl c-h;. @; 5=- a,or \ o. ~~ c ~ 6 . CITY OF CAMPBELL DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION ~:!i::::::!I.I.I.:::~III:!:II.::I:I.llll:l"lil_il:I_.~1IIBI:;:::.J APPLICATION NO(S): ADDRESS: 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. SEAL AND SIGNATURE OF ENGINEER/SURVEYOR OF WORK. THE MAP ACCOMPANYING THIS CHECKLIST HAS BEEN CHECKED BY ME O'R UNDER MY DIRECTION FOR COMPLETENESS AND CONSISTENCY WITH THIS CHECKLIST. THE MAP CONFORMS WITH THE REQUIREME.NTS OF THE PROFESSIONAL LAND SURVEYOR'S ACT, SUBDNISION MAP ACT, AND APPLICABLE CITY ORDINANCpS. THE MAP, SUBMITT FOR EX INATION BY THE CITY ENGINEER. Sig re Date ,5/tt/41 Il J 110 Jc/ wJ>~c) / 50 ~I 0/ Printed RCE/LS # Expiration Date ITEMS CITY OK NA COlVIMENTS A. GENERAL 1 Map agrees with the approved Tentative Map. 2 Map complies with Conditions of Approval V' regarding dedications. Page 1 ED PUBLIC WORKS ADIJlINISlRATION CITY ITEMS OK NA COl\1MENTS 3 All documents contain Assessor's Parcel Numbers. 4 Easements and Monuments correspond with the V improvement plans. 5 Title Report and map reflect fee ownership. 1/" 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. ;/6 ~()m V\ -bv1 + 9 Map is suitable for microfilming. V 10 New road names approved by the Civic ~ Improvement Commission. 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 Consent to dedication forms executed and notarized by existing easement holders over 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 V 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(t)). 7 Owner's Statement and Acknowledgment. t/" (66436) 8 Name of person authorizing map (66436). V 9 Trustee's Statement and Acknowledgment v' (66436). Page 2 RECEIVED MAR 2 4 1999 PUBLIC WORKS ADMINISTRATION CITY ITEMS OK NA COMMENTS 10 Soil Engineer's Statement (66443). V 11 Surveyor's/Eng:neer's Statement including signature, ~number and expiration date t/ (66441 & 66449). 12 City Engineer's Statement including R.C.E. number and expiration date (66442 & 66450). City Engineer is Michelle Quinney. Include V separate statement for "Technically Correct" review by Land Surveyor Der Attachment B. 13 City Clerk's Certificate (66464 & 66440). The V City Clerk is Anne Bybee. 14 County Recorder's Statement (66496 & 66466). V- IS All certificates and statements signed and Nor t~-r acknowledged with signatures & Notary seals are legible, using black media ink. (66436(c)). c. 1\'1 ONlTh'IENT A TI ON 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). V 3 Tie to adjoining surveys, lands, streets, or senior conveyances, including Book and Page of V adioining 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, V recorded reference/origin, and tied by survey to this map. 6 Monument right-of-way at BC, EC and property V 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 with ties to right-of-way. 9 Minimum 2" nominal diameter I. P. required at ~ Section, quarter-Section and Rancho corners. Page 3 RcCErVED MAR 2 4 1999 PUBLIC V\lORKS ADMINISTRATION CITY ITEMS OK NA COMMENTS D. MATHEMATICAL ACCURACY & GEOMETRY 1 All bearings, di~tances, and curve information V shown to nearest .01 feet and nearest second. 2 Curve data complete (A,R,L). V 3 Radial bearings of non-tangent curves shown. V 4 Areas net and gross calculated to nearest .01 V acre. (Net is gross area less area dedicated to City for roadway purposes.) 5 Minimum road centerline radius is 650', 200', V 75'. Street widths, setbacks, and/or required widening shown. 6 Sum of increments equals total distance or delta t/ angle. /0, oW 7 Math closures correct to 1 part in...2O;OOO':' The V sum of interior distances and curve data equal total. All areas compute accuratelv. E. MAP BODY . 1 Key or index map with sheets numbers shown V (66445b) . 2 Title Block: Place in upper center or upper right of title sheet and upper center or upper rigbt 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 survev, scale and firm name are shown. 3 North arrow shown. v'" 4 Use scale 40' , 50' or 60' to 1" (66434 & ND 66445). 5 Minimum 1/8" lettering and symbol size used / for legibility. 6 Legend: Found monument = solid symbol. Set V monument = open symbol. Also include monument type, size, and tag number, city limit line, distinctive border line, relinquishment of Page 4 RECErVFD MAR 2 4 1999 PUBLIC WORKS ADMINISTRATION CITY ITEMS OK NA COlVTh'IENTS Abutter's rights, record data, etc., or label on V- each map sheet. 7 Parcel Designat:on: Lots designated by numbers, parcels designated by letters V (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 V & 66434(e)). Monuments on boundary lines can be seen clearly. 9 City boundaries which cross or join the V subdivision appear on the map. 10 Non-measured Record lines parenthesized. V 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 lot/Darcel) includinll recordinll information. 13 Show sidelines of all existing and record easements by dashed lines on map, all of which . vi 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 V and Page of instrument giving access. 15 Road names, correct spelling, right-of-way V width, centerline data, setback lines and/or required wideninll 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 V the words "Private Road, Not City Maintained" under road name. 18 Common area notation, condominium notes, V and air easement notes included. 19 County cadastral map grid numbers shown? V F. SUBMITTALS Page 5 RECEf\/ED MAR 2 J. 1N'9 . ~ ~ ,.J\.o~< PUBLIC WOR!-(fS ADMINISTFiAllON CITY ITEMS OK NA COMl\1ENTS 1 Three checkprints of the map (all sheets). ~ 2 This completed Checklist with Engineer/Land V Surveyor of Work Statement signed per Attachment A. 3 Final Map Fee: V Tract Map - $1,380.00 + $25.00ILot Parcel Map - $1,060.00 + $25. OOlLot 4 Storm Drain Area fee: $ per Acre. 5 Preliminary Title Report current within 6 V months) . 6 Subdivision Guarantee. 7 Grant Deed(s) for the property(ies) surveyed. 8 Adjoiner deeds and senior conveyances/deeds V called for in the surveyed property's deed. 9 Copy of unrecorded documents or maps, such as State right-of-way maps, used for preparation of V this maD, if any. 10 Boundary, street, and lot closures and other V 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 V Geotechnical or Civil Engineer. 14 Legal descriptions. V J: \FO RSM'u\1APCKLST('VVORD) Revised 6/6/97 Page 6 RECEIVED MAR 2 4 lSS9 PUBLIC WORKS AOMINISTRATlON II CITY OF CAMPBELL DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION APPLICATION NO(S): ADDRESS: /7~-S;- 8vd~11 Instructions: This checklist provides advance notification to applicants of the City of Campbell's final on-site grading and drainage plans and submittal requirements. Using this checklist will expedite your application through the City's review process. Prior to submitting a final on-site grading and drainage 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, place "Nt A" to indicate that the particular item does not apply. Review applicable sections, which are referenced in parentheses, before checking off each item. SEAL AND SIGNATURE OF ENGINEER OF WORK. I HEREBY DECLARE THAT I AM THE ENGINEER OF WORK FOR THIS PROJECT , THAT I HAVE EXERCISED RESPONSIBLE CHARGE OVER THE DESIGN OF THE PROJECT AND COMPLETION OF THIS CHECKLIST AS DEFINED IN SECTION 6703 OF THE BUSINESS AND PROFESSION CODE, AND THAT THE DESIGN IS CONSISTENT WITH CURRENT STANDARDS. J till/if . ~(ff Date RECEIVED MAR 2 4 1999 PUBLIc.; WORKS ACMiNISTBATION ~~~ ....:::::=?'..'c=. r~ (~;-:':"~ "."""'. (1~'10, t...) ",,.,.', ."". '~.. ".f':'- '< 'II u, '..,',.';' ,,", . /.';;.~) ---...."...',." /{}-..v '(;t' A. 4fi .,~, ,.....;.'\. %.',(1 ':. .. \ fA l ,.,.... /. ,"-..~ :,':" tv"1~'O . .. '. "-') J....:. <,' " ''':..' " lr?j <%) \' \;:...\ I"?i! No C22301 \ b: \ '......'i \\.) Exp. Sept. 30, )' IJ 'K'k ~ ~ ~}:. CIV\\" ~,',~~. ~ AI ~~1l;~- -.. <x ............,".----=""~"-,,...~~ - '.., '." "".,.:~.~~~f\. S' ature ?/tIl/11 "" Pnnted RCE# //301 Expiration Date 3VJP f- ~ / I (SEAL) CITY ITEMS OK NtA COMMENTS I. GENERAL 1. Applicable General Notes included. 2. 24" X 36" sheet size used, including borders. -1- ..f .. " CITY ITEMS OK N/A COl\1MENTS 3 Title Block/scale/north arrow shown. v 4. Plans capable of microfIlm reproductions - minimum ./ 1/8 inch lettering. 5. Engineer's name, number, expiration date and / signature included. 6. Vicinity Map shown (must be microfilmable). / 7. Sheet Index and key map included for 3 or more / sheets. 8. Cross sections as needed for clarity. V 9. All adjacent streets labeled correctly. v 10. Reference to City benchmark. ,/ 11. Property lines and existing/proposed easements V shown. 12. Streets dimensioned (existing right-of-way, v pavement, curb, gutter, sidewalk and parkways). 13. Adjacent properties labeled as to use. II. GRADING 14. I' contour lines (existing and proposed). / 15. Existing and proposed building locations and pad V elevations. 16. Proposed elevations at high points, grade breaks, and / other significant locations. 17. Finished grade elevations at building corners. V 18. Lot corner elevations and the elevation at the high / point in the yard. 19. Side and rear yard topography extending a sufficient distance beyond property line (20' minimum) to / determine that proposed grading will not impede existing drainage patterns. 20. Existing and proposed fences or retaining walls. i / 21. Quantities o1f~aJlQ .fill, tn pl,b ~ards. /' nc: L_ I V [_ l-l MAR 2 4 1999 -2- PUBLIC WORKS ADMiNISTRATION . J , ... CITY ITEMS OK N/A COMMENTS 22. Lots numbered and dimensioned per final map. V 23. Grading conforms to approved preliminarv plans. 24. Sufficient elevations on adjacent parcels must be /' indicated to demonstrate that proposed grading will not impede existing drainage patterns. Ill. DRAINAGE 25. Location and elevation of overland release to public ./ storm system shown. 26. Roof drainage outlets shown. / 27. Interior drainage facilities identified (catch basin, / pipes, swales, etc.). 28. Size, grate elevation and invert elevation of all inlets ./ shown and cross section of drainage swales shown. 29. Pipe materials, slopes and sizes shown. / 30. Channelization of flows to adjacent properties will / not be allowed. 31. Construction of french drains will not be allowed. / 32. Sheet flow across public property will not be / allowed. IV. N.oTES 33. All grading shall comply with Chapter 33 and / Section 1806.45 of the 1994 Uniform Building Code. -3- Refundable Deposit Check Request To: Finance Director Check Payable To: Marko Duchich Address - line 1: 875 Emory Ave. line 2: City: Campbell State: CA Zip: 95008 Description: Refund Deposit/Security Account Number: 101.2203 Amount: $520.00 Account Number: Amount: Account Number: (Finance Dept only) 101.540.7448 Amount: Interest Earned (Finance Dept only) Total Payable: $520.00 (Exact Amount) Purpose: Refund of Plan Check Deposit Requested y: H Approved by: ,l Lynn Penoye Finance Dept Only: Verified by: Permit #: 99-161 Date: 03/24/1999 Title: Land Dev. Engineer Date: 04/0212001 Title: Land Dev. Manager Date: 04/02/2001 Title: Accounting Clerk II Date: Title: Accountant Date: Voucher #: Approved by: ~ecial Instructions For Handling Check Mail As Is: x Mail in Attached Envelope: Interim Check: Needed By: Return To: (Name) (Department) Other: fin: Forms/excellchkreq - Revised 05/00 ':;on~o aora Valley Wo~er Disl:rid 6 5750 ALMADEN EXPESSWAY. SAN JOSE. CA 18 (408) 265.2600 PERMIT Facility: Campbell Distributary Permittee: Department of Public Works City of Campbell 70 North First Street Campbell, CA 95008 Date Issued: October 4,2000 Permit No.: 00953 Telephone: (408) 866-2150 File: 25245 Campbell Distributary Nly Bucknall Road Ely Fulton Street Applicant: Mr. Steven Arnold 1671 The Alameda, Suite 305 San Jose, CA 95126 Telephone: (408) 286-9111 Re: Site Improvement 1725 Bucknall Road, Campbell Project 99-161 Purpose of Permit: o Encroachment i:8l Construction o Temporary 1. Installation of 37.5 lineal feet of 6-inch-diameter sanitary sewer lateral within a 1 O-inch-diameter 10 gage continuous steel sleeve, with grout filled anulus, crossing under the District's Campbell Distributary . 2. Installation of 32 lineal feet of 12-inch-diameter reinforced concrete pipe sto~Ateral crossing over the District's Campbell Distributary. 1"1 r: l,; E:'V~D 3. Construction of one (1) standard manhole for tho sanitary sewer tie in. t: 4. Construction of one (1) standard manhole for the storm drain tie in. 0 C T 0 5 2000 Continued on page 3 PUBLIC ADMINI.T~~~~~ . - Construction Expiration Date: October 4. 2001 Encroachment Expiration Date: ..,...,....-.-.-.-......,.,.,..,...,-.-:.:.:.:.:.;.;.:.:.:.:-.-:-:-:-:-;.;.,.:....>:._'..:.:.;...;.;.:.:.:.:-:-:-:-:.;.;.;.;.:.:.;.:-:.:.:,....-.;.;.:.:.>:.:.:.-.-.......,.:.:...:.-..,..-.....;.,.:.,.:..........;...;..,.:......-..,..;...;.:........,.,........;.;......-',........;...,.....-.,.-.-.-.............---.-............-.:::......,.....--............-.--..-..........------..-......-.--...........-.-.-.-.-.......:. PERMITTEE MtiST NOTU=YANO FURNiSH SCHEDULE OF WORtfTO: 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 permit and removal of work. Exercise of this permit shall indicate acceptance of and agreement to comply with all provisions included herein. This permit is subject to the General Provisions listed on the reverse side hereof or as expressly modified in the additional Special Provisions listed below. Violation of any provision shall be cause for immediate revocation of permit. SPECIAL PROVISIONS 1. All backfill within District right of way shall be compacted to at least 90 percent relative compaction which shall be determined using maximum dry density based on ASTM D 1557 laboratory test procedure. Field dry density and water content of soil should be determined following the ASTM D 1556 or ASTM D 2922/ASTM D 3017 standard procedure as applicable. 2. Permittee shall use only nonpotable or reclaimed water for completion of activities under this permit, unless the District approves another source. Continued on page 3 Approval: cc: Planning Department City of Campbell 70 North First Street Campbell, CA 95008 Mr. Marko Duchich 875 Emory Avenue Campbell, CA 95008 AuaJ~~ Sue A. Tippets, P.E.1'l- - - Engineering Unit Manager Community Projects Review Unit Galeb Paving, Inc. 12372 S. Saratoga-Sunnyvale Road Saratoga, CA 95070 FeE 60cc (1218195) Campbell Distributary 3 Permit No. 00953 PURPOSE OF PERMIT-Continued 5. Construction of 72.5 feet of concrete curb and gutter and 21 feet by 114 feet of asphalt concrete road improvements. 6. Installation of joint trench utilities consisting of telephone, cable television, electric, and street light. SPECIAL PROVISIONS-Continued 3. Permittee must contact Mr. Alan Ziesbrich at (408) 265-2607, extension 2111, at least 48 hours prior to the start of construction, to have the District's Campbell Distributary marked. 4. The sanitary and storm drain laterals must maintain a minimum clearance of 12 inches from outside edge to outside edge for crossing of the Campbell Distributary. 5. Permittee must maintain a minimum clearance of 1 foot between the new laterals and the Campbell Distributary. 6. Permittee must contact the District's inspector and arrange for him to be present, at his discretion, during the excavation and trenching of the crossings under and over the Campbell Distributary. 7. Permittee must contact the District's inspector and arrange for him to be present during the installation ofthe steel sleeve crossing under the Campbell Distributary. 8. Any damage to the District's Campbell Distributary shall be repaired at the sole expense of the permittee, orthe permittee's contractor, to the satisfaction of the District's inspector. 9. All work associated with this permit is to be in accordance with the plans which were submitted to and approved by the District. 10. Permit 99929, issued June 11, 1999, is hereby void and replaced by Permit 00953 FeE 60cc (12/8/95) BOND FOR FAITHFUL PERFORMANCE PREMIUM: $708.00 PREMIUM TERM: 2 YEARS SUBJECT TO RENEWAL We, the undersigned Jovan Vidovic, an unmarried man and Robert L. Schafer, an unmarried man and Marko Duchich, a married man, as his sole and separate property, as tenants in common (hereinafter "Contractor") and DEVELOPERS INSURANCE COMPANY ' a corporation organized under the laws of the State of CALIFORNIA , and authorized to transact business in the State of California, as Surety. are obligated to the City of Campbell, (hereinafter "City") a municipal corporation under the laws of the State of California, in the sum of THIRTY-FIVE THOUSAND FOUR HUNDRED DOLLARS ($ 35,400.00) for the payment of which sum we obligate ourselves and our successors and assigns, jointly and severally by the following provisions: The condition of this obligation is: Because the obligated Contractor has, on JULY 28 , 19~, entered into written Contract with the City for the Project, a copy of which contract is attached and made a part of this bond, for construction of Project ZC 98-0 I. PD 98-01, PM 98-01, 1725 Bucknall Road. Encroachment Permit 99-161. Now. therefore. if the Contractor shall faithfully perform the work in accordance with the plans, specifications and contract documents during the original term, and any extensions of the contract which may be granted by the City, with or without notice to the surety, and if it shall satisfy all claims and demands incurred under the contract, and shall fully indemnify and save harmless the City from all costs and damages which it may suffer by reason of failure to do so. and shall reimburse and repay the City all outlay and expense which the City may incur in making any default, then this obligation shall be void; otherwise to remain in full force and effect. If any legal action be tiled upon this bond. it shall be tiled within one year after tinal payment has been made under the Contract excluding the warranty period, if any, provided for in the Contract, and venue shall lie in the County of Santa Clara. State of California, and that surety, for value received stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed under it or the specitications accompanying it shall in any way affect its obligation on this bond, and it does by this means waive notice of any change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specitications, and thereby waives the provisions of Section 2819 of the Civil Code of the State of California. In witness, the parties have executed this agreement as of Z-;2..0- ,1999 Jovan Vidovic, an unmarried man and Robert L. Schafer. an unmarried man and Marko Duchich, a married man, as his sole ami separate property, as tenants in common. (Principal) V(-AoVIC .'~iJ / /l44! Robert L. Schafer I / I ~~~~I-- Marko Duchich '~\I~ Jovan Vidovic By DEVELOPERS INSURANCE COMPANY ~~(2r/~< . MARK RO~li>' ATTORNEY-IN-FACT Address of Surety: 17780 FITCH STREET, SUITE 200 r ) (Surety) ~~ N~ '8 -J..o-Q9 IRVINE, CA 92614 (Both Principal's and Surety's Attorney in Fact) h:\landdev\ 1725buc3 (mp) Surety's Bond Number 865201S (Accompany this bond with Attorney-in-fact's authority from Surety to execute the bond, certitied to include the date of the bond.) (Attach Acknowledgements) California All Purpose Acknowledgment State of California County of San Mateo On AUGUST 19, 1999 Date , before me, Katherine G. Zerounian, Notary Public Name & Title of Officer/Notary personally appeared Mark Roppo Names(s) of Signers(s) personally known to me, or pro'ved lu lilt: 011 the basis of satisfactory evidence to be the person~) whose name~) is/aFe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity{ie&h and that by his/her/their signature(st on the instrument the person~ or the entity upon behalf of which the person(st acted, executed the instrument. :" ,. D~ r ~\ci/~~. " '~(;u- . Notary P\Jbl~C 1a~ - - - ~TH~I~E;.Z~R;U;~ ~ . Commission # 1144279 z ~..,; .' Notary Public - California ~ j San Mateo County t _ __ -or -or ~~rr:~~JU~29-.:.~l WITNESS my hand and official seal. ________________________________()I'Jf/()~~L.--------------------------------------- (The information below is not required by law) Description of Attached Document Title/type of Document Date of Document No. of Pages Other Signer(s) h:\docs\surety\forms\notary .doc ."'" )ND FOR LABOR AND MATER.!. ~ PREMIUM INCL. IN PERF. BOND SUBJECT TO RENEWAL We, the undersigned Jovan Vidovic, an unmarried man and Robert L. Schafer, an unmarried man and Marko Duchich. J married man, as his sole and separate property, as tenants in common, (hereinafter "Principal") and DEVELOPERS INSURANCE COMPANY , a corporation organized under the laws of the State of CALIFORNIA , 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.FIVE THOUSAND FOUR HUNDRED DOLLARS ($ 35,400.00) 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 ~he City dated JULY 28 , 19 99 , a true and correct copy at which is presently on tile in the office of the City Clerk of the City of Campbell, which said Contract is hereby referred to md made a part hereof. The contract is entitled: ZC 98-01, PD 98-01. PM 98-01, 1725 Bucknall Road, Encroachment Permit 99-161. Because Principal is required to furnish a bond in connection with the contract, providing that if Principal, or my of as 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 my 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. ..l reasonable attorney's fee to be tixed by the court. Now, therefore, we, lovan Vidovic, an unmarried man md Robert L. Schafer, an unmarried man and Marko Duchich. J married man, as his sole and separate property, as tenants in common, as Principal, AND DEVELOPERS INSURANCE *, JS Surety, Jre obligated to the City of Campbell, in the sum of $ THIRTY-FIVE THOUSAND FOUR HUNDRED DOLLARS (535,400.00), lawful money of the United States, for the payment of which sums will and truly to be made. we the said Principal and Surety bind ourselves, successors and Jssigns, jointly and severally, by these provisions. *COMPANY 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. ..lnd 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 Z - ,;L... 0 --: 192J Jovan Vidovic, an unmarried man and Robert L. Schafer. an unmarried man an :VIarko Duchich, a married man, as his sole ..lnd separate property. as tenants in common. (Principal) JOI/'~ VI'~\'C. Jovan Vidovic jl''^-,-,~ ~L,-~,",IL t Marko Duchich (Attach Acknowledgments) ~~~N~ ~ - ;2.0 - 9' 1 (Surety) DEVELOPERS INSURANCE COMPANY ~/1--('v~ '<<-r;~ MARK ROPPO ATTORNEY-TN-FACT Address of Surety: 17780 FITCH STREET ..-S!ll.'!.''E IRVINE. CA 92614 By ZQO (Both Principal's and Surety's Attorney in Fact) (j: \ word\forms\l&mbond) Surety's Bond Number 865201S (Accompany this bond with attorney-in-fact's authority from Surety to execute the bond, certified to include the date of the bond.) California All Purpose Acknowledgment State of California County of San Mateo On AUGUST 19, 1999 Date , before me, Katherine G. Zerounian, Notary Public Name & Title of Officer/Notary personally appeared Mark Roppo Names(s) of Signers(s) personally known to me, or prevcd to Il"Ie on the basis of satiofaetery evieleFluo- to be the personf&) whose namef&) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacitytie&h and that by his/her/their signature(st on the instrument the person~ or the entity upon behalf of which the person(st acted, executed the instrument. , \ ,-~\ y-\ ()d~-;~-~t51'- Notary ~blic l------------ ~ KATHERINE G. ZEROUNIAN , Commission # 1144279 ~ f r:;-. Notay Public - Callkmia ~ i . Son Mateo Counfy f ',. _ _ _ ~~m~~~29..:.~l WITNESS my hand and official seal. ________________________________()f'Jr/()~~L.--------------------------------------- (The information below is not required by law) Description of Attached Document Title/type of Document Date of Document No. of Pages Other Signer(s) h:\docs\surety\forms\notary .doc POWER OF ATTORNEY OF EMNITY COMPANY OF CALlFOR \ AND DEVELOPERS INSURANCE COMPANY PO BOX 19725. IRVINE, CA 92623. (949) 263-3300 N~ 0 3 8 9 1 3 NOTICE: All power and authority herein granted shall in any event terminate on the 31st day of March, 2002. 2. This Power of Attorney is void If altered or if any portion IS erased. 3. This Power of Attorney IS vOid unless the seal IS readable, the text is in brown ink. the signatures are In blue ink and this notice is In blue Ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact. but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS. that except as expressly limited. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each several Iv. but notlolntly. hereby make. constitute and apPoint ***JASON JENKINS, MARK ROPPO, JAMES 8. SHEA, KATHERINE G. ZEROUNIAN, JOINTLY OR SEVERALL Y*** the true and lawful AttorneYlsl-ln-Fact. to make. execute. deliver and aCknowledge. for and on behalf of said corporations as sureties. bonds. undertakings and contracts of suretyshlo In an amount not exceeding Ten M.llion Dollars ($10.000,000) In any single undertaking: giVing and granting unto said AttorneYlsl-ln-Fact full power and authority to do and to perform every act necessary. requIsite or proper to be done In connection therewith as each of said corporations could do. Out reserving to each of said corporations full power of Substitution and revocation: and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents. are hereby ratified and confirmed. This Power of Attorney IS granted and IS signed by facsimile under and by authOrity of the follOWing resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY. effective as of September 24.1986: RESOLVED. that the Chairman of the Board. the PreSident and any Vice PreSident of the corporations oe. and that each of them hereby IS, authOrized to execute Powers of Attorney, qualifying the attorneYls) named in the Powers of Attorney to execute. on behalf of the corporations. bondS. undertakings and contracts of suretyship: and that the Secretar! or any ASSistant Secretary of the corporations be. and each of them hereby IS. authOrized to attest the execution of any such Power of Attorney; RESOLVED. FURTHER. that the signatures of suCh officers may be affixed to any such Power of Attorney or to any certificate relating thereto by faCSimile, and any such Power of Attorney or certificate bearing such faCSimile signatures shall be valid and binding upon the corporation when so affixed and In the future With respect to any bond. undertaking or contract of suretyship to which It IS attached. iN WITNESS WHEREOF. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be Signed by their respective PreSidents and attested by their respective Secretaries thiS 22nd day of December. 1998. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By By Ak~ Walter Crowell Secretary ATTEST By By Ak~ Walter Crowell Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE } On December 22, 1998, before me. C. Hollister, personally appeared Dante F. Vincenti. Jr. and Walter Crowell, personally known to me (or proved to me on the baSIS of satisfactory eVldencel to be the person(s) whose name(s) is/are subSCribed to the Within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authOrized capaclty(iesl, and that by hls/her!thelr slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. WITNESS y hand and offiCial seal. CERTIFICATE r- - - - C,~OLLlS~R - ~ 08' COMM. # 1192615 ~ ~ · Notary Public - California ~ ~ ORANGE COUNTY S' i My c~mm. Expires AUG, 11, 200: l '([/..1hl / Signature The undersigned. as Senior Vice PreSident of INDEMNITY COMPANY OF CALIFORNIA. and Senior Vice PreSident of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregOing and attached Power of Attorney remainS In full force and has not been revoked; and furthermore, that the proviSions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are In force as of the date of this Certificate. This Certificate IS executed in the City of Irvine. California. thid. 9TH day of AUGUST 1999. INDEMNITY COMPANY OF CALIFORNIA '/J~mL~~ Senior Vice President DEVELOPERS INSURANCE COMPANY ~4mL~ Senior Vice President By By 10-314 REV. (12/98) Recording Requested by: ) ) DOCUMENT: 15055154 Tit I es: 1 / Pages: 9 City of Campbell ) " UH I "" 11/ "I "" ) Fees. 31.l;3l;3 When recorded mail to: ) Taxes Copies ) -0015055154_ AMT PAID 31.88 City Clerk ) City of Campbell ) BRENDA DAVIS RDE l=I 884 70 North First Street ) SANTA CLARA COUNTY RECORDER 1 1 / 1 0/ 1 999 Campbell, CA 95008 ) Recorded at the request of 3:25 PM Title Company (Space above rbis line tor Recorder's use only.) STREET IMPROVEMENT AGREElVIENT THIS AGREEMENT (identified as File No. ZC 98-01, PD 98-01, PM 98-01 made and entered into this cX5/~ day of fiIIL"'- , 19 1.f , by and between Jovan Vidovic, an unmarried man and Robert . Sfhafer, an unmarried man and Marko Duchich. a married man. as his sole and separate property, as tenants in common, hereunder referred to as "Owner," and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City." WHEREAS, on October 20, 1998 the City Council adopted Ordinance No. 1973 granting conditional approval of ZC 98-01, PD 98-01, and PM 98-01 for that certain real property described in Exhibit A attached and incorporated as though fully set forth herein, and commonly known as 1725 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 Zone Change, Planned Development and Parcel Map: NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED AFPROV AL, and satisfaction of the conditions to that approval, (1) Owner shall provide, construct and/or install at his own proper cost and expense, street improvements as described in Section 11.24.040 of the City Code within 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 [he 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 [his Agreement, Owner, or his successors, shall pay to the City for examination of improvement plans, field inspection of construction of improvements and all necessary expenses incurred by City in connection with said improvements, a sum calculated in accordance with Resolution No. 9391, as adopted by the City Council on June 2, 1998, or as may subsequently be adopted by the City Council. (6) Owner, or his successors, shall file with City, prior to beginning construction, surety acceptable to the City in amount equal to the City Engineer's estimated cost of the street improvements to ensure full and faithful performance of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distribution system. Said surety shall guarantee that Owner, and his successors, will correct any defects which may appear in said improvement work within one (1) year from the date of acceptance of the work by City and pay for any damage to other work resulting from the construction thereof, as well as pay the cost of all labor and materials involved. This surety shall remain in effect until one (1) year after date of final acceptance of said improvements by City. Said surety amount may be reduced by the City Engineer after the date of final acceptance to not less than twenty-five (25) percent of its full value. (7) Upon final release of said surety by City, the obligations of Owner, and his successors, contained in this Agreement shall be considered null and void. (8) When called upon by City to do so, Owner, or his successors, will execute a petition for the formation of any special assessment district created pursuant to any special assessment act as provided in the Streets and Highways Code of the State of California created for the purpose of constructing and/or installing any or all of said improvements. :2 " (9) Owner, or his successors, shall participate in and become a part of any special assessment district as described in paragraph (8) of this Agreement. It is expressly understood that any obligations orOwner, 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 tiled such bonds and entered into such agreements. (11) Owner, or his successors, shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground wiring circuit to all electroliers within said real property when Owner, or his successors, is notified by either the City Engineer or the Pacific Gas and Electric Company that said fees are due and payable. Owner's, and his successors I, obligations under this section shall not be relieved by delay or the passage of time, bur shall remain binding indetinitely 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, bur shall bind Owner and successors indefinitely and forever. (13) Any easement and right of way within or without said real property necessary for the completion of the improvements shown upon aforesaid improvement plans shall be acquired by Owner, or his successors, at his own cost and expense. It is provided, however. that in the event eminent domain proceedings are required for the purpose of securing said easement and right of way, Owner, or his successors, shall deposit or cause to be deposited with City a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto such sums as may be required for legal fees and costs, engineering and other incidental costs shall be deposited with the City. (14) Owner, or his successors, shall carry our any and all negotIatlOns with all interested parries 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 . J (15) To the fullest extent permitted by law, Owner, and his successors, shall indemnify, defend and hold the City of Campbell, and its agents, employees, attorneys, officers, officials and assignees harmless from any and all claims, damages, losses and expenses, including, but not limited to, attorneys' fees, arising out of, or resulting from any negligent or intentional act or omission (including misconduct) of said Owner, or his successors, or any subcontractor, or anyone directly or indirectly employed by him, or anyone for whose acts any of them may be liable in the course of performance of the Agreement. The Owner, and his successors, shall also indemnify, defend and hold the City of Campbell, and its agents, attorneys, employees, officers, officials, and assignees harmless against and from any and all claims, demands, liabilities, losses, lawsuits, judgments, damages, costs and expenses (including, but not limited to, attorneys' fees and court costs, whether incurred at trial, appellate or administrative levels) which the City of Campbell may incur or suffer, or to which the City of Campbell may be subjected resulting from the failure of Owner, or his successors, or his agents, employees, subcontractors, or anyone performing services under him, to fulfill any of the obligations imposed under this Agreement. (16) It is acknowledged that the provisions of this Agreement constitute covenants for the improvement of the subject real property for the mutual benefit of Owner's property, commonly known as 1725 Bucknall Road, and the City's property, commonly described as Bucknall Road where it adjoins Owner's property. These covenants shall be considered to affect rights in the above-described real properties, and shall be binding on the heirs, assigns, successors, and grantees of Owner to said real property. (17) Nothing contained herein shall be construed to transfer any unvested interests in real or personal property for purposes of the rule against perpetuities. (18) In the event that Owner, or his successors, should breach any of the terms, conditions, or covenants of this Agreement, the City shall be entitled to recover, in addition to any other relief available in law or equity, all costs incurred in attempting to obtain enforcement of the Agreement, or compensation for such breach. These costs shall include reasonable attorneys 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 parties. (21) Owner shall provide and construct public street improvements per preliminary plans titled "Street Improvement Plans for 1725 Bucknal Road, Encroachment Permit 99-161," which are subject to approval by the City Engineer, prepared by Steven A. Arnold, Civil Engineer, 1672 The Alameda, Suite 305, San Jose, CA 95126. 4 IN WITNESS WHEREOF, said City has caused its name to be affIxed by its Public Works Director and City Clerk, who are duly authorized by Ordinance 1951 adopted September 2, 1997, and said Owner has caused his name to be affIxed the day and year first above written. '1-ov~~ V/l'kUlc Jovan Vidovic, an unmarried man iiJ / ~J~ Robert L. SChaierhlnmarried man J:,~ 'Vc~c.. ot~ ?JoUle1/" .{Aif~vt. ~Aa-w Marko Duchich, a married m~n, as his sole and ~ ct. vt separate property, as tenants III common BY: Jovan vidovic, as Power of Attorney for Marko Duchich (Notary Acknowledgment for above signator(ies) MUST be attached.) CITY ~"~!)EL~ .~~~ ROben Kass, Public Works Director h: \agr\ 1 725buck(mp) 5 EXHIBIT ~ All that certain real propeny situate in the City of Campbell, County of Santa Clara. State of California., described as follows: Beginning at an iron pipe on a line parallel with and distant 22 feet at right angles Southerly from the Northerly line ofBucknall Road. 40 feet wide. and distant thereon South 88029' West 1205 10 feet from ~ one-inch pipe at the intersection thereof with the Westerly line of the San Tomas Aquino Road, 40 feet wide. said point ofbegjnning also being the Southwesterly comer ofiliat parcel of land conveyed to Raymond A. Metzger, et ax, by Deed recorded July 14, 1955, Book 3224, Official Records. Page ~:Z3, Santa Clara County Records; thence along the Westerly line of said pared conveyed to Raymond A Metzger, et we., North 0" 09' East 200.00 feet to the Southwesterly corner of that certain parcel conveyed to George R PadeIt, et !lX., by Deed recorded August 27, 1957, Book 3876, Official Records, Page :78. Santa Clara County Records; thence along the Southerly line of said parcel conveyed to George H. Padelt, et ux., and parallel with the Northerly line of said parcel conveyed to Raymond A. Metzger, et ux., Nordl 87"30' East 73.43 feet; thence parallel with the Westerly line of said parcel conveyed to Raymond A. Metzger, et tlX., South 0009' West 201 56 feet to an iron pipe on said line parallel with the ~ortberly line ofBucknall Road; thence along said parallel line South 88" 29' West 73 .38 feet to the point of beginning. being a portion ofrhe Quito Rancho and also heing 1 portion of that ceIttin 0.742 or an acre parcel of land shown on the map of Records of Survey of a portion of the land of Ray Metzger. which map is on file in the office oftbe Recorder of the County of Santa Clara, State of Calif arm a. in Book 61, of Maps, Page 11. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r.-<X'<<<<-<x-C<'-C<'.e<xx-<X".<X-<x-<x-<;<"e<xx.e<x;<'-C<'.<X-C<'~-C<'-C<'-C<'-C<'-C<'-C<'-C<'-C<'-C<'-C<'-C<"QNX',O(:',O(:'-<X-<X-C<',O(:',O(:',O(:'.<X,O(:'o.^x~ ~ State of California }j,: ~, ./ :-/. /}//. ss. ;.j County of 4Cl.-/dd- ~~ ~~~,: ~~:. O~.:jf?, /tjt) :2. before me. i ~ ~..bt: . Dat~ Nam'1 and Title of Officer (e.g., "Jane Doe, N 1 ~ ~ /~~ ~ i'l,' personally appeared ~...-?!.- c..- . l2/ ~., (': Name(s) of Signer(s) 1<> ~ :::J personally known to me ~ ("J '154 proved to me on the basis of satisfactory ~ ~ r.vidence ~ ~ to be the person~~) whose name(~) is/8fe- ~ f!~,,' subscribed to the within instrument and ,~ acknowledged to me that he/sh8/thoy executed RiOS J .-. -- .-. .-. 7. ':lEN--E~,A,POMER" o.....y - J <~ """" "- the same in his/hcr/tfleiT authorized :~ ,Q Q Commission # 121SC2B capacity(+esf, and that by his/h~l/lIlt::ir ~ g j' Notay Public - Cartfomia ~ signature(\) on the instrument the person(9{, or ~ ~~ j Santa Clara County f the entity upon behalf of which the person(s.) ~ f.! MvCamm.Bc::i"esMay6,2X)3 acted, executed the instrument. iOS ~ . -------~---- ~ ~ WITNESS my ha~~eal ~ ,~. ".0 ,..,,,,,. ~--;"F ::.:;:;;;;y i~ OPTIONAL I .".'. Though the mformation below is not required by law. It may prove valuable to persons relymg on the document : and could prevent fraudulent removal and reattachment of this form to another document. . B Description of Attached DOJ;l'l/ment n ~ ~ ~.! Title or Type of Document: ~.L/~ ~ Y~<L--.:rx~ ~---t.L<"'~~ ~ .' :~ ~ Do,"ment Date, ~ ~g/ /fY't' Number of Page" S- ~ ~ Signer(s) Other Than Named Above: ~~ &Lr7~ ~ I,~'.," Capacity(ies) Claimed by Signer Signer's Name: .....10 J/ frlf/ 1// :>Jt') I//Q..- [J Individual ~:,',i 0 Corporate Officer - Title(s): ~ [J Partner - [J Limited [J General ~ ....& Attorney in Fact ~~,.. [J Trustee . [J Guardian or Conservator [j Other: ~ /'YJ./U:7 '^.--,/ ~ Signer Is Representing: ,,, r-n _Y.c ~e rr/CTT- , . ~ ~ ;<:.:~..;<.::,<..~'<(:;,<,x;;<v~'<:)</~'C<v'9.;.~~~'<x;<;,<x:,</~....~~~~~~~'OV'<(::,v;<v'C<.-'=..;<~~'OV~'OV'9..;Q..;<;,<,~'q<x:,(....~'Q'.)'.c @ 1997 National Notary Association' 9350 De Soto Ave" P.O. Box 2402' Chatsworth, CA 91313.2402 Prod No. 5907 Reorder: Call Toll-Free '-800-876.6827 Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~- -.e<'~-c<>(X~~~~~~~~~~,<yxx'~~..<X~~~~~~~~~~~..(j('~~..(j('.i;Y>c<'~.<X'.o.'Y.' State of California }, I.. ~ ;1 _/ _ /1// _ . ss. ~ ~ County of ~0<-- ~ ~ ~ ~ ~ On ~ i}!; /?~ before me "m"M n.., Ob "0 t ~, personally appeared '~~ 0"e<:~, ~, ~i Name( f Signer!s) 8S ~ [j personally known to me ~ ~ ;%1 proved to me on the basis of satisfactory ~ ~ evidence ~ ~ to be the person~) whose name~ is/~ ~. ~ subscribed to the within instrument and X ~,.' acknowledged to me that he!sho/th~ executed. l?i,~ ~i )a-- -- .-. -- -Commu"':lEN'-'.~; Dr\*--lu2-a:::or.l84-~- I, !> ~ ~ "" r~v the same in his/her/their authorized g g capacity.ffe&). and that by his/he,/tl,,:::il ~ B $. Notay PublIc - Cafrfania signature('s.J, on the instrument the person(~ orQ, I) 2: Santa Claro r,......... - (\ ~ j --.-..., f the entity upon behalf of which the person~ X ~.,,;", Wtf E;cpiesMay acted, executed the instrument. ~.:'>., ~ nn~":__:~ : ~ WITNESS my hand and official seal. ~ ~ '''~""."".,,'-. ~~~';;:lr ~ ~ ~ ;,1... OPTIONAL ~,.',,' Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ~ Description of Attached Document, _ ~ ~ ~ Title or Type of Document: ~~.A'A'~.z. V __'-(--t~ ~ ~ Document Date:~ ~ /f7'f Number of pages:;;;- ~ ~ Signer(s) Other Than Named Above: ~ .~' Capacity(ies) Claimed by Signer ~ ~ Signer's Name: ! ~ ,)/8" Individual Top of thumb here o Corporate Officer - Title(s): .., C Partner - 0 Limited 0 General ,. o Attorney in Fact ~I..~I'... 0 Trustee C Guardian or Conservator o Other: I Signer Is Rewesenling, , ~ ~ ~ -^.;Qv~'0<v~~'<::"../Q;,.~'9..;<;'<v'<A,~'<A,'<;<.,;9<;,,'g..;<::";,,"Q..;<~'0<v'<;<...'<;<...'C<.-"Q<.;<~"v~~~~'9<v'Q<y'C<.-~~'<;<...,<<~'C<".~'9'./' @ 1997 National Notary Association' 9350 De Soto Ave. P.O. Box 2402' Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r """""''''''''''''''''''''''''''''''''''''''''''''' ""'''''''''''''''''<<'''' """') State of California } ~ County of ,.):z r.:& ~ ss. I p g :~ g ~ g g ~ g ~ g ~ g g a () ~ g I ~ i ~ g I On7UL) 5; /'1'17 ' before me,. ' 'Date 'J., " / personally appeared Y~t ~4/ ~ I ~ ~ ~ (, i<J ~ ~ ~ ~ ~ Name(s) of Si9ner(s) )dpersonally known to me = proved to me on the basis evidence of satisfactory to be the person~) whose name(S) is/are- subscribed to the within instrument and acknowledged to me that he/3hc/they executed the same in his/her/their authorized capacity(~), and that by his/ReI/t1Il:::ir signature(~) on the instrument the person(s.), or the entity upon behalf of which the person(~) acted, executed the instrument. Ie. - ~ 2~~~~~ ~ J j '. . Notay Pubilc - California I j Santa Clara Counfy 1 . - - - -My~,,:~~:~ .x.; .. .~..q;g:;y:.:<::.<v'G<v'9v'9v'G<v~'C<o'G<v"::-<'.;Ov'G<v'<;,<..'C<o'9.;<':X../c-<..'Q':r, @ 1997 National Notary Associalion . 9350 De SOlO Ave. P.O. 80x 2402 . Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 Place Notary Seal Above WITNESS my hand and official seal. ~h/;1f"'~~/eI,"~--- Si9n~ of Notary Public ./ ~I OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ~ ~ Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: ~ Capacity(ies) Claimed by Signer Signer's Name: C Individual [1 Corporate Officer - Title(s): C Partner - [1 Limited [1 General [1 Attorney in Fact U Trustee [1 Guardian or Conservator o Other: . Top of thumb here Signer Is Representing: O~'CAA.. r-.~'~'''A~~ ... t"" U r" . . ... "- -So "- ~. ,,' O~CH"~O. CITY OF CAMPBELL Public Works Department June 24, 1999 Ms. Patricia Correa Subdivision Services Alliance Title Company 901 Campisi Way Campbell, CA 95008 Subject: 1725 Bucknall Road, Parcel Map, Lands of Vidovic, Schafer, Duchich Local Improvement Bond Obligation, APN 408-60-014 Dear Ms. Correa: Enclosed is our Local Improvement Bond Obligation review letter as per your request dated June 23, 1999. Very truly yours, Enclosure h: \landdev\ 1725buc5(mp) 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.376.0958 . TOO 408.866.2790 -' CITY OF CAMPBET.J. PUBliC WORKS REVIEW LOCAL IMPROVEMENT BOND OBliGATION Date j... lLJe/'Z.A-, \Gt~~ TR/pCL MAP NO. ~ 1::- APN .!\.o ~- L:,(? - 0\4- IMP DIST NO. "-tO~e. Public Works review for Local Improvement Bond Obligations on subject lands has found: cg.-- 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. ~~ i\SSISTANT ENGINEER Title public Works Department 19 N. first Street Address ~a.mDbell. CA 95008 . (408)866-2150 Telephone Number Alliance litle REC~/VfED JUN 2 ~ 7999 PUBLIC AOMINIST WR ORKS ATION June 23, 1999 Mr. Cruz Gomez City of Campbell Department of Public Works 70 North First Street Campbell, CA 95008 RE: Parcel Mapl Vidovic, Schafer & Duchich APN: 403-60-014 Order No. DR99004365 Dear Mr. Gomez Please provide this office with a letter specifying any Tax Bond issue that might be assessed on the above property within the coming fiscal year. This letter is being requested to satisfy the requirement by the Santa Clara County Tax Controller's office for obtaining a tax clearance letter for recording of the above referenced Map. Maps showing the location of the subject property are enclosed for your reference. Please notify the undersigned when the letter is ready for pickup. Thank you for your assistance in this matter. If there are any questions please do not hesitate to call. Sincerely, ~ai ~ti~ Patricia Correa Subdivision Services enclosures 901 Campisi Way Campbell, CA 95008 . (408) 559-3424 · Fax (408) 377-0284 I~QI LJ ~l'i") 80 m.q- I J{~"'\ ,~;; I @ 4; b -N l~ ~~N @ 000 zOZ f-of- ' I ,,~- ...,~z 1- - LANE- - - g ~:>- - - - - -\1 \ o o o ~ ~ \ I I @ 42 I 62 , 67 I I ' ' , ' ' I ' I , ' I , ' ' I ' ' I ' ' I ' ' , I ' , ' ' ~: ~I ~: ~I :: ..., "'1 ~l I -, -. , ' ' , ' ' , ' ' I ' I , I ' , I ' , I I 6~ : ~z.: fSl \ - - - - - - - - - - _.J. - - rro'~' \t, N Z?:~~,'(9 I 1 f') ~ \cj. 5 b ICO ~ :", I- ',\:...J8 101 ,~o I()\ ,'" 0 1"-1 ~,f ,.....J \ ~! _ ~ ~ --1- --!:2'~ _~~z~.~.__~j :'"'..? ).VM3tllllO: 31VAllld " \010 N ":~-~-- V ~ '. L('6(' I C;9'('9 ll;ll ~ . I :~ .- OJ' ~. I CD .~ 0 0,< ,'",', I/l q. OIl :~ I- 01 ...J -.,. , II? ~ l- I:: 0 ....... ,;:;;"'0 I ...J "~~~t .' ...J ~~'l9 : 96'~? \ ...~'), ., 44 -I 't-I en I") ('O'l9 91.,rg" :::1 ~I ~I :tI Z'i"Z" "'-':;---"'~"'-'" 01 I'"': C:;C; ill ~ 00 I()I l., ....... 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City Council Report Item No.: Category: Consent Calendar Date: June 15, 1999 TITLE: Acceptance of Dedication of Public Right-of-Way and Public Service/Public Utility Easements - 1725 Bucknall Road (PM 98-01) (Resolution/Roll Call Vote) RECOMMENDATION Adopt the attached resolution authorizing the City Clerk to accept the offer of dedication of right-of-way for street purposes and the public service easements associated with the final parcel map (PM 98-01) for 1725 Bucknall Road. DISCUSSION On October 7, 1998, the City Council conditionally approved Resolutions No. 9445 for a Planned Development Permit and Resolution No. 9446 for a Tentative Parcel Map and on October 20, 1998, the City Council adopted Ordinance No. 1973 approving a Zone Change. Upon recordation of the Parcel Map, three new lots will be created from one existing lot, According to the Subdivision Map Act, dedications offered on maps must be accepted by the legislative body prior to the approval of the Parcel Map. Staff is ready to approve the Parcel Map, and recommends that the City Clerk be authorized to accept the public dedications and easement as shown on the Parcel Map. FISCAL IMPACT None with this action. AL TERNA TIVES 1, Do not authorize the City Clerk to accept the public dedication and easement. This is not recommended since the public street dedication was a condition of approval for the development and the utility companies have agreed to the filing of the Final Map with the public service easement shown. Revisions to this easement would require another review by the utility companies, and would delay the filing of the final parcel map. Reviewed by: Reviewed by: Approved by: Bernard M. Strojny, City Manager Attachments: Resolution/Parcel Map RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE CITY CLERK TO ACCEPT THE PUBLIC RIGHT-OF-WAY AND PUBLIC SERVICE EASEMENT AS OFFERED ON PM 98-01, 1725 BUCKNALL ROAD WHEREAS, the tentative parcel map for 1725 Bucknall Road (PM 98-01) was approved by the City Council on October 7, 1998; and WHEREAS, an offer of dedication for public street purposes and a ten foot public service easement is being offered on the final parcel map; and WHEREAS, at the time of approval of the final parcel map, the legislative body must either accept or reject any offers of dedication; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the City Clerk is hereby authorized to accept the public right-of-way and the public service easement as shown on the final parcel map PM 98-01 for 1725 Bucknall Road. PASSED AND ADOPTED this 15th day of June, 1999, by the following roll call vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: APPROVED: Daniel E. Furtado, Mayor ATTEST: Anne Bybee, City Clerk h:\ccrpts\ 1725buck(mp) en C~~ :ll!5!~ lli~o~ Olll:!:Z .c ~i~6 I ~ ~~~~ ; ~ ft a: ~~l:~:II z ... w ...ocu illc <( ~ "'l>- ~~~!C ~: c (J) Cc'C W ~15c _ ~W~E. ~ (J)~ ~:J 1Il~ (!) ..Jc:t 0 lli a:w ffi W~!:2 ~ !w~~ .... ::J15 ~ o!!l~a. > O~g "I&.iweni U 1-> ; Wz:li C AlII' 15:i ~ i!::c> .... ~ ()"' I&.I-'CI&. 0 A J: ~ Olll:a:o 2! ..... () <..l !~~:;; .:c Q. 5 j:1-1Illll: ~.c ~!~i ~ ~ co~l: I- (!)~ C en z:s:ZW iiio2C CD:l:I-a: en~8 a.ll! ~I -z- 1 0 cnZI W Q') ~o Q') a:- > Q') o~ - - r- ~a: W I- <::) o!! 0 :z: -z J- => 102 W -, ~a 0.< [(. 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W w :J: III z' ~o a:- o~ ~a: t- o!! -z ..J- m2 ::)0 0.< CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT ENGINEER'S ESTIMATE Address: 1725 BUCKNALL ROAD Encroachment Permit No. 99-161 Date: 5/19/99 Application No. ZC 98-01, PD 98-01 PM 98-01 ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION UNIT QTY < $30 K $30 K to $150 K > $150 K $ AMOUNT I. SURFACE CONSTRUCTION MOBILIZATION 1 LS $ 1,750.00 $ 1,75000 $ 1,750.00 CONSTRUCTION TRAFFIC CONTROLCONTROL/PHASING I LS $ 1,750.00 $ 1,750.00 $ 1,750.00 CONSTRUCTION STAKING 1 LS $ 500.00 $ 50000 $ 50000 CONSTRUCTION TESTING I LS $ 1,500.00 $ 1,50000 $ 1,500.00 II. DEMOLITION/CLEARING I. CLEARING & GRUBBING 1 LS $2,000.00 $2 ,()(){}. 00 $ 2,000.00 2. SAWCUT P.CC./A,C.(UP TO 6") 102 LF $4.50 $3.00 $2.00 $ 459()() 3. PCC. REMOVAL SY $30.00 $23.00 $IO(}() 4. CURB AND GUTTER REMOVAL LF $6.00 $3.00 $2.00 5. MEDIAN REMOVAL SF $4.50 $2.25 $125 6. DEMOLISH EXISTING INLET/PLUG RCP'S EA $300.00 Ill. STORM DRAINAGE I. 12" R.CP. (CLASS V) 38 LF $60.00 $40.00 $20.00 $ 2,28000 2. 15" R.CP (CLASS !Il) LF $65 . 00 $48()() $38()() 3. 18" RCP. (CLASS Ill) LF $70.00 $6000 $52.00 4. 24" R.CP. (CLASS Ill) LF $80.00 $68.(}() $59.00 5. 30" R.C.P. (CLASS Ill) LF $9000 $75.(}() $6500 6. T.V INSPECTION (12") 38 LF $120 $0.75 $0.60 $ 45.60 7. STD. DRAINAGE INLET EA $1,600.00 $1,300.00 $I,OOO.(}() (C.C DETAIL 9) 8. FLAT GRATE INLET I EA $1,400.00 $1,100.00 $900.00 $ 1,40000 (CC DETAIL 6) 9. STANDARD MANHOLE I EA $2 ,()(){}. 00 $I,6(}().OO $I,3(}().(}() $ 2,000.00 (CS.J. DETAIL D-11) (INCLUDES FRAME & LID) 10. BREAK AND ENTER M.H./D.I. EA $700.00 $550.00 $450.00 Page 1 ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION UNIT QTY < $30 K $30 K to $150 K > $150 K $ AMOUNT IV. CONCRETE IMPROVEMENTS I. SIDEW ALK 204 SF $6.50 $4.50 $2.75 $ 1,326.00 2. DRIVEW A Y APPROACH 320 SF $7.50 $5.50 $3.75 $ 2,400.00 3. CURB AND GUTTER 73A LF $22.00 $18.00 $15.00 $ 1,614.80 4. V ALLEY GUTTER SF $12.50 $10.00 $825 5. HANDICAP RAMP EA $1,200.00 $800.00 $700 00 6. TYPE B-1 CURB LF $12.00 $9.50 $7.50 7. TYPE AI-B3 CURB LF $15.00 $12.00 $10.00 8. COBBLESTONE MEDIAN SURFACE SF $12.00 $8.00 $5.(X) 9. P.CC DRIVEWAY CONFORM SF $7.00 $5.50 $4.50 10. A.C. DRIVEWAY CONFORM SO SF $4.50 $3.75 $3.00 $ 225.00 V. PAVEMENT 1. ASPHALT DIGOUT AND REPLACE CF $2.00 $3.50 $2.50 2. PAVEMENT WEDGE CUT (6') LF $5.00 $2.50 $1.50 3. PAVEMENT GRINDING 580 SF $0.80 $0.50 $0.35 $ 464.00 4. PAVEMENT FABRIC (PETRO-MAT) 23 SY $2.00 $1.85 $1.50 $ 46.00 5. ASPHALT CONCRETE (TYPE A) 34 T $80.00 $50.00 $35.00 $ 2, no.oo (73 A)( 18)(0.33)(0.0775) 6. AGGREGATE BASE (CLASS 2) 85 T $40.00 $20.00 $12.00 $ 3,400()() (73 A)( 18)(0.92)(0.070) 7. SLURRY SEAL (TYPE II) SF $0.07 $0.06 $0.05 8. SLURRY SEAL (TYPE III) SF $0.11 $009 $O.()7 VI. TRAFFIC SIGNALS/LIGHTS 1 DETECTOR LOOP (6' ROUND) EA $450.00 $300.00 $250 00 2. DETECTOR LOOP (6' x 30') EA $650.00 $540.00 $440 (Xl 3. DETECTOR LOOP (6' x SO') EA $900 (lO $750.00 $640.()() 4. ELECTROLlER 1 EA $2 ,600. ()() $2,200.00 $1,800()() $ 2,6(x).00 5 I 1/2" RIGID CONDUIT 40 LF $9.00 $700 $5.00 $ 360.00 6. 2" RIGID CONDUIT LF $17.00 $13.00 $10.00 7 CONDUCTOR 120 LF $0.70 $0.55 $OA5 $ 84.00 Page 2 ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION UNIT QTY < $30 K $30 K to $150 K > $150 K $ AMOUNT 8 PULL BOX (NO. 3 1/2) 2 EA $300.00 $240.00 $185.00 $ 600. (X) 9 PULL BOX (NO. 5) EA $400.00 $350.00 $300.()() VII STRIPING AND SIGNS I REMOVE PVMT. MARKINGS (PAINT) SF $2.50 $1.50 $100 2. REMOVE PVMT MARKINGS (THERMO) SF $3.(xl $200 $IAO 3. REMOVE PVMT STRIPING LF $IAO $0.80 $OAO 4. STRIPING DETAIL 9 LF $135 $0.85 $0.35 4.5 STRIPING DETAIL 22 114 LF $225 $1.65 $ 256.50 5. STRIPING DETAIL 29 LF $225 $165 $120 6. STRIPING DETAIL 32 LI' $2AO $175 $125 7. STRIPING DETAIL 37 (THERMO) LF $185 $1.50 $100 8. STRIPING DETAIL 38 (THERMO) LF $2.50 $1.85 $1 15 9. STRIPING DETAIL 39 LF $1.50 $0.85 $OA5 10. STRIPING DETAIL 40 LF $2.20 $170 $1.00 II. LIMIT LINE LF S135 SI05 $0.90 12 CROSSW ALK LI' $135 $1.05 SO.90 13. PAVEMENT MARKINGS (PAINT) SF $2.50 $1.90 $1.60 14. PAVEMENT MARKINGS (THERMO) SF $5.50 $3.80 $2.60 15. PAVEMENT MARKER (NON-REFL) EA $4.50 $3.0(} $2.20 16. PAVEMENT MARKER (REFLECTIVE) EA $60(} $4.15 $3.15 17 TYPE K MARKER EA $95.(}0 $8(}.00 $70.00 18. TYPE N MARKER EA $95.m $8(}()() $70.(8) 19. SALVAGE ROAD SIGN EA $85.()(} $750(} $65.00 20. RELOCATE ROAD SIGN EA $!O(} (X) $8500 $75.00 21 INST. RD. SIGN ON EXIST. POLE EA $2(xl.00 $145.00 $11000 22. ROAD SIGN WITH POST EA $3(}0()(} $240()(} $195.()() 23 STANDARD BARRICADE LF $15.0(} Page 3 ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION UNIT QTY < $30 K $30 K to $150 K > $150 K $ AMOUNT VIII. LANDSCAPING I. IRRIGATION, PLANTING WORK 162 SF $800 $8.00 $ 1,296.00 2 PRUNE TREE ROOTS EA $125.00 $J()O.(XI $85.(XI 3. TREE REMOVAL EA $650.00 $5(x).00 $40000 4. ROOT BARRIER (12") LF $20.00 $10.00 $6.00 5. ROOT BARRIER (18") 20 LF $25.00 $15.<Xl $10.<Xl $ 5(X).OO 6. STREET TREE (15 GAL) I EA $450.00 $325.00 $250.00 $ 450.00 7. STREET TREE (36" BOX) EA $70lUXl $550.00 $40000 8. TOP SOIL BACKFILL 6 CY $20.(XI $20.00 $ 12000 IX. MISCELLANEOUS 1 PEDESTRIAN BARRIER LF $75.(Xl $60.00 $50.00 2. CHAIN LINK FENCE (6') LF $15.00 $1150 $9.25 3. RAISE MISC. BOX TO GRADE EA $300.00 $200.()() $175.00 4. RAISE MANHOLE TO GRADE EA $400.00 $275.00 $200.()() 5. INSTALL MONUMENT BOX EA $450.00 $350.00 $300.()() 6. MEDIAN BACKFILL CY $19.00 $17.(XI $15.50 SUBTOTAL $32,146.90 PREPARED BY: ~ 10% SECURITY ENFORCEMENT FEE $ 3,214.69 REVIEWED BY:, TOTAL ESTIMATE FOR FAITHFUL $35,36159 APPROVED BY: PERFORMANCE SECURITY $35,4(XUX) 'See Section 66499.4 of the Map Act. h: landdev\ 1725buck. xls(mp) Page 4 ~~ \IQIIey Walet Oistrict 0 'iSO ALMADE~ EjePESSWAY. SAN Jose. CJ. !MIlS C408l265.;SOO T PERMIT Facility: Campbell Distributary hrmittee: Department of Public Works City of CampbeU 70 North Fltst Street Campbell, CA 95008 Date Issued: Odober ., 2000 Permit No.: 00953 Telephone: (408) 888-21 SO File: 25245 Campbell Distributary Nly 8ucknall Road Efy Fulton stteet Applicant: Mr. Steven Arnold 1871 TheAlamec:Ja, Suite 305 San Jose, CA 95126 Purpose of Permit: Telephone: (408) 286-9111 Re: Site Improvement 1725 Bucknall Road, Campbell ProjeCt 99-181 o Encroachment III Construellon a Temporary 1. InstaUation of 37.5 lineal feet of8-lnch--dlameter sanitary sewer I.eral Within a 1 G-ineh-diameter 10 g8ge continuous steel sleeve, with grout filled anufus. crossing under the Distrid's Campbell Oisttibutllly . 2. InstallatiOn of 32 lineal feet of 1~.in~i.meter reinfomed concrete pipe storm drain lateral crossing over the District's CampbeU Olllributary. 3. Construction of one (1) standard manhole for the sanltal)' S8W6r fie in. .. Construction of one (1) standarel manhole for the stonn drain tie In. Continued on page 3 Construction Expiration Date: October ... 2001 Encroachment Expiratlot\ Date: '::;M;-':~:I:;):::1r:.IJ::;;~~~"1:~~-:;,:'II:..;.rl~.:~jht"1.k...&f~~~~:~~:Jtt:)~:",j."~:-:::'~~'~~~'~,',.::,':i~r'~';',!';;;;~~;(~~~~~~:r::::::' .=,.::j"j':..''''. . ,..:~>::'''';?;(:;?:::;:,: '::::'. PERMI'T-T-EE'MtfS1?N01J1~,~ND.RJIiNISH;i~"e:>fJLE.OFWORK:~lJ"O: Oisttid's Constnldlon Unit, c/o Mr. Dee" Arroyo. (408) 285-2807. .xtension 2801, at least 2 nannal working days before starting any VlIOnc under this penna. Failu... to notify Is cause fOf revocation of ae.,nlt ~Rd ntnIoya' of ~. Exercise of this pennit snail indicate acceptance of and agreement to comply with aft ptOVisions InclUded herein. i$ permit Is subject to the Genera' Provisions listed on the reve... side hereof or as expusly 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 shan be compacted to at 'east 90 percent relative compaction whicn shaJl be determined using maximum dry density baed on ASTM 0 1557 laboratory test procedure. Field dl)' density and water content of soil should be determined following the ASTM D 1SS8 or ASTM 0 29221ASTM 0 3017 standard procedure as applicab'e. 2. Permittee shall use only nonpotable or reclaimed water for completion Qf activltle$ under this pennit, unless the Olstnct approves another source. Continued on page 3 Approval: CROINAL SIONED BY Sue A. Tippets. P .E. Engineering Unit Manager Community ProjectS Review Unit cc: Pf8nning Department City of Campbell 70 North First Street Campbell. CA 95008 Mr. Marko Ouchlch 875 Emol)' Avenue Campbell. CA 95008 ~1i~a~nQ.lnc. . aratoga-Sunnyvale Road Sa~toga.CA 95070 c,...'".,.",.~ H1""~ l a6ed ~vl:8~ oo.r-po ~8~Lv8~l ~JNI DNIAVd 831VD :A8 lues ";+.. ':" GENERAL PROVlSl0NS A. P€RMITTEE MUST MAINTAIN A COpy OF THIS PERMIT AND APPROVeO PlANS ON JOaSITE FOR OURATION OF CONSTRUCTION PERIOQ. e. All work shall be c:on.vucted in ac;cordance with ~csprc)Yed plans and to tne sa'DstaC'tion ot the OistrlC:t'S ItulpectQr. No change of program. as outlined in aClS:llication oraMlwlngs suOminecl with appticacon. will be allow.d except upon wntt8n permisaion of tho Distnct. The work areamuat be restored to the sansfoc:ion of the District's InsClecwr. C. ActiVities and ule. authon%eo under thiS permit aNI subiect to any lns~ions ot the aUlgoed Oistrlct representative. ALL INSTRUCTIONS MUST BE STRICTLY OBSERVED. D. flermln.. IS responsible tar complVlng With anyaQOhcaole wlter Qu.titv standards adoptea bv ttht Distnct. Regional Water QualitV Contral Ba8r('l. Slate Water ResalJr~.s ContrOl Board. or omer lunSdicnanal or IJraperlv empowered ~ regulatary agency. e. The permittee sha" ncn use. store. transport. or place any huardous subsunces. "'zardous wutes. or mfteria's contaminated wittl hazardOUS subsmncea on DIStrICT nght ot way or adl.cant to District right af W&y such that it may purgOSllllfully or accidently be spilled or otherwise disch'rQeG ontO sam. right of way. If a disch.rge of a hazardous sUf)stance or wa.te occurs as a result of the permittee'S op....tion. the pernuttee is responsible to: 11) noufy the proper autharities: (2.) investigate. ,.mave. and monitar the hazardous sub:nance:s or waste5 to the satistacnon of the Olsmct and any regulltol'\' ag.ncy; (3) ba.r arlV and all costs associated with me ramedial activities and. 14.\ be recognized as tn. generator and owner at me waste... ;: The pennitt.. sheil submit to the DistriCT a fully campletecl -lmpQrt Matena. Ceniiicatlon Form~ for an", SQiis tl'\at wlil b8 placed or stared on Oistrll:t 'lOht of way that do not originare from with'" the l8Qal boundaries of suen right of way. G. Permittee shall assume entlr. responsibilitY far all activities and uses under thiS permit and shall indemnify. detend and hold harmlesa. District. iu Directors. officers, agenu. and emplovees from any and all demanas. claims. expenses. costs. or liability of any natUre, indudlnQ deem or inturv to anv I)ar,on. I)t'0081"tV damage. or any other toss. eaus.d bv or arising out of. or incurred in connecrion with. or resulting from. the exercise at mis permit by permittee. or p.rmittee's officers. agentS. subContr3f;torS. aSSign..s. or .mploV.... or any ot them. including, l::Iut: not limited to. neoligent acts. etrors. or omissions. or willful misc:onduct. or conduct for wnic:h rne law imC'oses StnCT li.bilitY on permittee. H. Any damage caused to Oistrlct strUctures inciudinG. but not limited to. tencing, levee suriacing. and uphalt 'Nalkway bV reason of exercise of this permit shall be regaired at the cost of permittee to the satisfaCTIon of tne Oistric'l:. Should "erminee neglect ta make reD8lrS gromcmv. Oistnc! mav make rlPairS or have reDalrs made. ana oermlnee aorees to reimburse Oistrict for all casu ot such repairs. Oistr1ct mav reQUW8 a SK:.antv depasit In advance from permittee to secure thll p.rformance of tnis ciausa. Unexaended portions ot any depOSit shall be refundea to permittee \/IIithin , 4 working da". of tn. expiration 01 this ~.rm't. The posting OT s'Ucn a securItY depOSit shall not relieve the oermittee from any liabilitY under this permit which exceeds the value of tne depOSit reQuired. I. This permit II valid only ta mlt .~ent 01' Qisuict jurisdiction. Permits required by other interested agencies and consent of underlvinQ tee owners of OistrlC't e..~ment lanes are tn. responslbilitv of the permittee. NOTHING CO NT A/NED IN THIS PERMIT SHALl. BE CONSTRUED AS A REi..lNOUISHMENT OF ANY ~IGHTS NOW HELO BY i'HE OISTRICT. J. This permit is subJect to all "rior unexoired permits. 3Qreement!l. easements. privileges. or other rights. wnether recorded or unrecorded. in the area s~&Cified in this germit. Permittee shail make arrangements \/IIlth nOlders ot such pnor rightS. '<. Unless o'ttlerwlse spec:fled nereln. mls permit may be reVOKed or canceleo 3.t any tIme !JV the Ois~rlc: wnen recurred fer floeo control. conser\lanon, or water ;jolitY PUf'"oses. L. Upon wrmen notice of caneellatlon or revocation of thiS permIt far any cause whatSoever, oarmlnee snail restore District rlgnt of wav and strUcture to the condition prtor to the fssuanca ot tt1e permit ana then Shall vacate Dis'tnct proClel"t'Y. Should permitt.e nag.ee: to restQre the pram.as or strUCtUres 'to a satlsfac:crv c:ondinon. The District mall periorm such \/IIOrk or "<lve work perlormed. and permittee aqrees to relmourse the Dis"ie-: for iU costS or ~he worle sa perlo""ed upan r.c.l~t of ; statement tneretor. M. Trench satetV has nat been enecited and is not implieo with tt1is permit. Comoii~nc. with S,,~on 6705 Of the L.bor Code concerninQ trenc~ eXC3v.tian and tn. oDt8lninQ of a . Permit to eXc3vatl!~ issued bv me Oivl$lon of OCcuc3tlonal SatetV and Health as rlQuired bv Labor Code Section 6500 shall be the responslbiiiry of .he permittee. N. Permittei! sl\all be responsible far c:lmpliance WIth California Uoor Cooe Sectlo!, 6300 (an d ~ollowmg I. v/~ a6ed !~l:~~ OO-P-PO !~9LPE9l !JNI DNI^~d 831~D :A8 luas '.- - . ,. Campbell DlstnbUtal)l 3 Pennlt No. 00953 PURPose OF PERMIT -Continued 5. ConstNctton of 72.S feet of concrete curb and guttet anc:l21 feet by 11" feet of asphalt ooneteto road improvements. 8. Installation of joint trench utilities consisting of telephone, ClbJe television, electric, and street light. SPECIAL PROVl810NS-Continued 3. pennttte. must contact Mr. Alan Zlesbrlch at (408) 2SS.2807. extension 2111. at least <48 hours prior to the start of construction, to have the District's Campbell Distributary marked. ... Tha sanitary and stonn drain laterals must maintain a minimum clearance of 12 Inches from outside edge to outside edge for crossing of the Campbell Distributary. S. Permittee must maintain a minimum clearance of 1 fQOt between the new laterals and the Campbell Distributary. e. Pennlttee must contact the District's Inspector and arrange for him to be present. at hi$ discretion, during the excavation and trenching of the crossings under and over the Campbell Distributary. 7. Pennittee must contact the District's Inspector and arrange for him to be present during the installation of the steel sleeve crossing under the Campbell Distributary. 8. Any damage to the DisttIct's Campbell DistrIbutary shaft be repaired at the sole expense oftha pennittee, ortha pannittae's contrador. to the satisfaction of the District's inspector. 9. All work associated with this permit i$ to be in accordance with the plans which were submitted to and 8ppraved by the Oiatrict. 10. Permit QQ929, issued June 11, 1999, is hereby void and reptaced by Permit 00953 FeE tOoo ('l~ v!v aOBd ~9~:E:~ OO'v'PO ~ E:9L vE:9~ ~JNI ONI^Vd 83lVO :A8 luas For Internal Use" 3-Dash 3-/lf2.LfI S ~ SAN JOSE- City of San Jose Department of Public Works Development Services Division 801 North First Street, Room 308 San Jose, California 95110 (408) 277-5161 Fax (408) 277-3879 CAPITAL OF SILICON VALLEY SEWER LATERAL PERMIT ce il Fax Number 807-06'+0 State Zip Code f1 1. General Information Location of Work /25 Bi.?c.kYlPt{ R Permittee M 1/ D L' i I tti'lVJ;{O (ACYlICV\ Mailing Address F....... por)"lovr () f strUt front4 tL. Phone Number 866~O' lfC, City In SQl1Jo./~ Cr' Lr~ Contractor License Number Business License Number Phone Number 2S3-'f7tt-7 City .s tn~ Cf '/b " Fax Number Zip Code 1s () 70 2. Submit a security deposit in the amount of $ I 000 DCertificate of deposit l8lCashiers check Return CD to: o Permittee DOwner 3. Submit payment ofCiry fee in the amount of$375 per lateral QIA) l/fiBO s fa;-M ~ 4. Submit evidence of Insurance to City Risk Manager Phone (408) 277-2799 Fax (408) 277-3025 - Pursuant to Title 15, Chapter 15.16 of the San lose Municipal Code, permission is hereby granted to install a lateral to the - '. 1 .r storm sewer system as described on this permit and subject to: :CvlS t"l III/, 1/011'/ b f !1t/Ylho(e.. ~r- PERMIT CONDITIONS 5 to YIYJ. I. All work performed under this permit shall be in accordance with the Standard Plans and Specifications of the City of San Jose and subject to inspection and approval by the Director of Public Works 2. Permittee shall contact the Public works inspector at least 24 hours before beginning work to arrange a pre-construction meeting. Permittee shall have a traffic control plan prepared in advance 9f meett.Qg. ,/, r The Inspector may be reached by calling (408) 277-5161. Your inspectors name is tvl, k~ ,lJC1l" '1-u I City of San J 0;;2 Sewer Lateral PermIt July 1,1998 Page 1 'c 3. Permittee shall markarea and cal1 Underground Service Alert (USA), 1-800-227-2600, at least two days prior " to starting work. 4. Contractor shal1 remove all USA markings upon completion of the underground work. Only chalk paint shall be used in the Redevlopment Area (bounded by Julian Street and Highway 280, and between Highway 87 and Fourth Street), Removal of paint shal1 be by high water pressure only. 5. Pennittee shall forfeit all or part of the security deposit if the City of San Jose, at its sole discretion, detennines the need for repair or replacement of any improvements authorized by this permit. 6. pennittee shall maintain insurance coverage during all work activity as approved on the attached Insurance Clearance. 7. Work shall be perfonned in accordance with the attached details. 8. An "$" shall b, slOmp,d on th, fa" ::'~rb and ~"k of walk :ber, th, l~t""l "o~s;s t pro!,,"Y lin'. 9. Penn It shall expire on 5/8/ 2 <2.'(. \\:c~~~ -to :.;, l~7/Jcc1. /' 1u~ ~vc:, I I q :~otvt'!"'o' 3 .'3.)f-"'1 10. Working hours shall be restricted to - CONDITIONS ACCEPTED BY: ~V'lo ~~ li-~-C;/ I Signature Date 1'1 i9 R t~. 0 VUc.+.( tc'-\ Permittee or Authorized Agent (Print) PER1\illT APPROVAL: Y:? ~ Sign::::; liErJr<i SuM /116/11 Department of Public Works Date .........................................................**.**...*******.*******..******.*.*********** PROJECT COMPLETE Depth at F.O.c.: Depth at main: Size: Type: Length to p, L. Depth at P.L: Lateral Location: APPROVED BY CONSTRUCTION INSPECTOR Project Inspector (Print) Signature Date Comments City of San J O~C: Sewer Lateral Permit Page 2 t July 1. 1998 r ........ , ~ STEVEN A. ARNOLD - Ci, ngineer, Inc. .-.. 1 1671 THE ALAMEDA, SUITE 305 . SAN JOSE, CALIFORNIA 95126 . TELEPHONE (408) 286-9111 July 30, 1999 CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT 70 NORTH F+RST STREET CAMPBELL, CA 95008 SUBJECT: Plan check 1725 Bucknall Road Improvement Plans Grading and Drainage plan Campbell, CA The following items are in response to your plan check comments for the improvement plans. 1. Sheet 1: a. Revisions have been made to typical cross section, legend and title block per your comments. 2. Sheet 2: a. Revisions have been made to title block per your comments. 3. Sheet 3: a. Dimensions to all utility lines relative to the center line have been shown. b. Water meters have been moved behind the right-of-way line. c. The street light conduit has been shown under the sidewalk. d. A concrete cap has been specified at the electrolier, conduit and pull-box. e. The water meters, T.V. electric, and telephone utilities have been moved closer to the driveway. f. Property corner markers have been added. STRUCTURAL DESIGN . LAND SURVEYING . BUILDING INSPECTION . GENERAL CIVIL ENGINEERING SERVICES -2- Bucknall Rd. g. Edge of pavement and A.C. swale grades have been added on plan and profile. h. The T.C. slope has been changed to 0.041. with 2% cross slopes to gutter. i. Stations and T.C. slopes have been added to profile. 4. Sheet 4: a. City limits have been added to sections. b. Dimensions of utilities relative to the center line have been added to sections. c. T.e. grades and cross slopes to gutters have been modified @ sta. 1+00, 1+40 and 1+74. d. The surface profile has been added on section at sta. 1+61.1. 5. Sheet 5: a. A revision block has been added. 6. Sheet 6: a. A revision block has been added. 7. Sheet 7 & 8: a. The landscape plan and the irrigation plan have been combined. b. A note has been added regarding irrigation conduit under concrete. c. The tree has been re-located with 2-drip irrigation heads. d. Sod has been specified at the landscape strip. -3- Bucknall Rd. e. The landscape water meter has been re-located behind the right-of-way. 8. Sheet 9: a. A revision block has been added as well as a A.C. swale detail. The following items are in response to your plan check comments for the grading and drainage plan. 1 . Sheet 1: a. Revisions have been made to the grading and drainage improvement notes. 2. Sheet 2: a. Approximate existing ground has been shown on details. b. All utilities have been moved closer to the driveway. c. Pavement and base specification have been modified on detail 1-2. d. The fence has been added to detail 1-2. e. Dimensions have been added on details per your comments. f. The direction of surface flow has been changed for parcel Band C. No drainage easement will be needed over parcel B. g. An on-site landscape and irrigation plan has been prepared by others. We have not added irrigation on our plan. -4- Bucknall Rd. 3. Sheet 3: a. A revision block has been added. 4. Sheet 4: a. The property line and fence has been added on detail 1-4. If you have any questions, please feel free to contact us at (408) 286-9111. 12:Z~ S;]:: Robert w. steuer Civil Engineer cc: Marko Duchich Sanl:a Oam VoIle\:j WcJ.er Distrld 6 5750 ALMADEN EXPESSWAY, SAN JOSE, CA ~ .8 (408) 265-2600 PERMIT Facility: Campbell Distributary Permittee: Department of Public Works City of Campbell 70 North First Street Campbell, Ca 95008 Date Issued: June 11, 1999 Pennit No.: 99929 Telephone: (408) 866-2150 File: 25245 Campbell Distributary Nly Bucknall Road Ely Fulton Street Applicant: Mr. Steven Arnold 1671 The Alameda, Suite 305 San Jose, CA 95126 Telephone: (408) 286-9111 Re: Site Improvement 1725 Bucknall Road, Campbell Project 99-161 Purpose of Permit o Encroachment I8l Construction o Temporary 1. Installation of 37.5 lineal feet of 6-inch-diameter sanitary sewer lateral within a 10-inch-diameter, 10 gage continuous steel sleeve, with grout filled anulus, crossing under the District's Campbell Distributary. 2. Installation of 32 lineal feet of 6-inch-diameter polyvinyl chloride pipe storm drain lateral crossing over the District's Campbell Distributary. 3. Construction of one (1) standard manhole for the sanitary sewer tie in. 4. Construction of one (1) standard manhole for the storm drain tie in. 5. Construction of 72.5 feet of concrete curb and gutter, and 18 feet by 73 feet of asphalt concrete road improvements. Construction Expiration Date: June 11. 2000 Encroachment Expiration Date: PERMITTEE!MUSTN()i'FY'ANDFU8NI$HSCHEDUl..EQF:WQR~;rQ: District's Construction Unit, c/o Mr. Dean Arroyo, (408) 265-2607, extension 2801, at least 2 normal working days before starting any work under this permit. Failure to notify is cause for revocation of pennit 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 non potable or reclaimed water for completion of activities under this permit, unless the District approves another source. Continued on page 3 Approval: cc: Planning Department City of Campbell 70 North First Street Campbell. CA 95088 REcelveo J UN; .. 1999 PUBl-le WOAKS ADMINI8TRATION_ _~O-~ Sue A. Tippets, P.E. Supervising Engineer Community Projects Review Unit FeE 60h (12/8195) Campbell Distributary 3 Permit No.: 99929 SPECIAL PROVISIONS-Continued 3. Permittee must contact Mr. Chris Summers at (408) 265-2607, e>dension 2148, at least 48 hours prior to the start of construction to have the District's Campbell Distributary marked. 4. The sanitary and storm drain laterals must maintain a minimum clearance of 12 inches from outside edge to outside edge for crossing of the Campbell Distributary. 5. Permittee must maintain a minimum clearance of 1 foot between the new laterals and the Campbell Distributary. 6. Permittee must contact the District's inspector and arrange for him to be present, at his discretion, during the excavation and trenching of the crossings under and over the Campbell Distributary. 7. Permittee must contact the District's inspector and arrange for him to be present during the installation of the steel sleeve crossing under the Campbell Distributary. 8. Any damage to the District's Campbell Distributary shall be repaired at the sole expense of the permittee, orthe permittee's contractor, to the satisfaction of the District's inspector. 9. All work associated with this permit is to be in accordance with the plans which were submitted to and approved by the District. FeE SOh (1218195) POINT d "> 4 L. f~~: e Layer: DTM_SPOT Space: Model space Handle = 83249 at point, X=6130874.9900 Y=1929302.1600 Z= 231.1300 POINT Layer: DTM_SPOT Space: Model space Handle = 83248 at point, X=6130874.9900 Y=1929276.2900 Z= 230.2600 POINT Layer: DTM_SPOT Space: Model space Handle = 83247 at point, X=6130874.9900 Y=1929250.4500 Z= 230.3400 POINT Layer: DTM_SPOT Space: Model space Handle = 83246 at point, X=6130874.9900 Y=1929224.5800 Z= 230.5200 POINT Layer: DTM_SPOT Space: Model space Press ENTER to continue: Handle = 83245 ~ at point, X=6130874.9900 Y=1929198.7400 Z= 230.5000 LP "( t) - POINT Layer: DTM_SPOT Space: Model space Handle = 83244 at point, X=6130874.9900 Y=1929172.9000 Z= 231.1900 POINT Layer: DTM_SPOT Space: Model space Handle = 83243 at point, X=6130874.9900 Y=1929147,0300 Z= 230.5500 POINT Layer: DTM_SPOT Space: Model space Handle = 83242 at point, X=6130874.9900 Y=1929121.1800 Z= 229.7800 POINT Layer: DTM_SPOT Space: Model space Handle = 832FO at point, X=6130925.0000 Y=1929301.9300 Z= 229.1000 p[1lf(J rZ- Press ENTER to continue: POINT Layer: DTM_SPOT Space: Model space Handle = 832EF 7.- at point, X=6130925.0000 Y=1929276.0800 Z= 229.5300 POINT Layer: DTM_SPOT Space: Model space Handle = 832EE 3 at point, X=6130925.0000 Y=1929250.2400 Z= 229.9600 POINT Layer: DTM_SPOT Space: Model space Handle = 832ED --+ at point, X=6130925.0000 Y=1929224.4000 Z= 229.8200 POINT Layer: DTM_SPOT Space: Model space Handle = 832EC ,- '? at point, X=6130925.0000 Y=1929198.5500 Z= 229.9000 POINT Layer: DTM_SPOT Space: Model space Handle = 832EB Press ENTER to continue: lo at point, X=6130925.0000 Y=1929172.6900 Z= 229.8500 POINT Layer: DTM_SPOT Space: Model space Handle = 832EA at point, X=6130925.0000 Y=1929146.8400 Z= 229.6600 -t POINT Layer: DTM_SPOT Space: Model space Handle = 832E9 at point, X=6130925.0000 Y=1929121.0000 Z= 229.6400 '6 ~f+ POINT Layer: DTM_SPOT Space: Model space Handle = 83343 at point, X=6130949.9900 Y=1929302.1400 Z= 229.0500 POINT Layer: DTM_SPOT Space: Model space Handle = 83342 at point, X=6130949.9900 Y=1929276.3000 Z= 229.4800 POINT Layer: DTM_SPOT Space: Model space Handle = 83341 at point, X=6130949.9900 Y=1929250.4300 Z= 229.5000 POINT Layer: DTM_SPOT Space: Model space Handle = 83340 at point, X=6130949.9900 Y=1929224.5600 Z= 229.5000 POINT Layer: DTM_SPOT Space: Model space Press ENTER to continue: Handle = 8333F at point, X=6130949.9900 Y=1929198.7200 Z= 229,5800 POINT Layer: DTM_SPOT Space: Model space Handle = 8333E at point, X=6130949.9900 Y=1929172.8500 Z= 229.5000 POINT Layer: DTM_SPOT Space: Model space Handle = 83330 at point, X=6130949.9900 Y=1929147.0100 Z= 229.3700 POINT Layer: DTM_SPOT Space: Model space Handle = 8333C at point, X=6130949.9900 Y=1929121.1400 Z= 229.2600 r"'\ ~ r- """\ ,rr-o riC0t.:1 leI MAR 2 4 1999 PUf-3LIC won\< ~ AUJJ.ii~ISTnAlION ENGiNEER'S ESTIMATE FOR STREET IMPROVEMENTS FOR 1725 BUCKNALL ROAD CAMPBELL, CALiFORNIA llEH UNIT PRICE TOTAL Clear & Grub L.S. $ 5000.00 Construct 72.5 L.F. curb and gutter $16.00/L.F. $ 1160.00 Construct 26' wide driveway L.S. 1200.00 Construct 12' wide driveway L.S. 600.00 Construct 72.5 L.F. 4.5' wide sidewalk 6.50/S.F. 2120.00 Install 1315 S.F. new pavement as follows: 1 1/2" Type A, A.C. 1/2" maximum 0/ 2 1/2" Type A, A.C. 3/4" maximum 0/ 11" class 2 aggregate base ( 1 1/2" max. gradation) TOTAL 5.00/S.F. 6575.00 L.S. 400.00 L.S. 2000.00 50.00/L.F. 1875.00 L.S. 2000.00 70.00/L.F. 2240.00 L.S. 500.00 100.00/L.F. 1000.00 $26670.00 Grind and conform at existing pavement Construct 1 - sanitary sewer manhole Install 37.5 L.F. 6" sanitary sewer lateral Construct 1 - storm sewer manhole Install 32 L.F. 12" R.C.P. storm sewer lateral Construct type IV barricade 10 L.F. 10" casement (sanitary sewer) CITY OF CAMPBELL r--oARTMENT OF PUBLIC WORK~ ENGINEERING DMSION " 1::::::~l::::~Ht:fIr:Iitfill'n.::'::':::':':::i?::::.friI:iafiti:~}fjn:1:S!~':::'::;::::::';::::::'>:':::::m:':':::'::::m:r:::;:f:mm':':':::"::{:::::::':':'::;n:if\~:':':':::.:;:.:.":.:;=:;=:.::::=;:-:::::.:.:.::::.::.:::.:.:.:;:.:::;::I~\{.:::::Jt:;jtt:a:::::;;:::::::m::l:::::::::ll~;:::~f;:;1 ................................~;n:.J!i:U~~~~~~~~~.ir~;\U~...o. ..' . ','.- . ..... ...:-. ,'- - "~\J' .- . '. .. . . ....:E::LJ~:".:c...........................x... ;:::::::rr:;~:::}~:::~:~::;~:?~:~:::~:~:~:~:~:~:;;:.:.:.::~.:.....:...::.:.:.:.:::::::::.;;:;:;:.:::.::;;:;:.;.:..;~.....:::.....::::;..:/:::~:;.:;)t:;:-:.:::;:.:::;;:::)~::::.>:.:;:t::;::;::.:::.:::;:.;;:.:;..:;::;.::;.;.:.:::.:;)~:~;;:;.:.:.:.;.;~:;;;;:::.;.::.;::r:.:-:>;;..;:...:_<.;.;:::::.}t:.,.:.:.:.:::::.:::..~..~.:.:.:.;.~::/::;:.t;;:,)~:~:\:;:;::~::;:.:-;::;".,::::~...:.:.}:::::::.>}::::::~:~:::{~~:~:~~I~~~~~{:~:;~~~~~~;;~;;~~ APPLICATION NO(S): ADDRESS: /7:2-5 8v~/~~ell teJ. 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 fmal street improvement plan list to the City Engineer, please place an -L in the space to the right of each item below to indicate you have complied with, or place Nt A to indicate that the particular item does not apply. Review applicable sections, which are referenced in parentheses, before checking off each item. R E eEl V E D SEAL AND SIGNATURE OF ENGINEER OF WORK MAR 2 4 1999 PUBLIC WOAKS I HEREBY DECLARE THAT I AM THE ENGINEER OF WORK FO!~1.P\W.R!:tT, THAT I HAVE EXERCISED RESPONSIBLE CHARGE OVER THE DESIGN OF THE PROJECT, AND COMPLETION OF THIS CHECKLIST, AS DEFINED IN SECTION 6703 OF THE BUSINESS AND PROFESSION CODE, AND THAT THE DESIGN IS CONSISTENT WITH CU~NT STANDARDS. . ,(1f~"~ ." t~'~;:><::> '., I,;C\ ' ~\ /;e') I (:? \) 'i\ #:J;j.l No C?2-::n1 . \ " t I (1.::- 1 - v....., ~ '_'_."~' ~ '\\ '\ f=vp C' 30 j . ;; ....'..' ~.." . ::>ept l. ; \;..f . I l . 'J \1 / ,'/ \\ ",(), "'I' /\\ .,/ Ii '~':'~~ ;0::, ...~ \, '~_:-::;~:~'::'>~'l '\,....., : 0;..:' r' A' \f'..J' ~:/ (S~\=::'::::~1 :l.~'_-.q~" ature :5' Nt/e./? Printed ;2~ ;fiAt t t Date ReE # c::e- )-;)- 30 ~ Expiration Date ? # ~rh CITY ITEMS OK N/A CO~L\-IENTS 1. GENERAL 1 Aoolicable General Notes included. (Attachment A) V 2 24" X 36" sheet size used, includin2 borders. V 3 Title Block/scale/north arrow shown. V 4 Plans capable of microf1lm reproductions - minimum 1/8 V inch letterim!:. Engineer's name, number, expira~ion date and ;.Jof- " 5 ., signature included.- t~.f - j 1 CITY ~TEMS ( N/A COMMENTS 6 Vicinity Map shown (must be microf11mable). v- 7 Sheet Index and key map included for 3 or more sheets. i../"" 8 Limits of Public Works inspection clearly shown on plan, typical section, and bond estimate. {/' 9 Street light locations/legend/PG&E signature shown. ...-- 10 Request for annexation to Lighting District submitted. (Accompanied by map & metes and bounds (/'" descriPtion and annexation fee.) 11 Curb grade plans prepared by Public Works have been incorporated into improvement plans and verified as ~ adecuate. 12 Curb grade plans prepared by Engineer for review by Public Works and cross-sections @ 50' max. 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 each sheet. 15 Fire District signature shown for access and fire ",...- hvdrant location. 16 Verification of land rights for off-tract work (title V 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 t,./' work. 19 Plans for landscaping within the public right-of-way V submitted for review. 20 Fence recuired along water district canals. ~ 21 Water testing required before paving for grades less than V 1 %. II. ROADS A. Typical Sections 1 Structural sections indicated per R-value. 2 Curb Me indicated. ,.".- 3 Right-of-Way and street width dimensions shown. V- 4 2: 1 IDaX. cut/fill slopes shown beginning @ R/W lines - ~ Soils Report verifying excePtions. 5 Crown Slope indicated. V- 6 Sidewalk shown. v 7 Pedestrian or bike paths shown. ~ 8 Pavement Design Chart shown with T.l. values for V' l>., 1.. ' . ~. revIew. M r:' r" - f\ I r::' j'\; (l~--' ...... ......' - j,. MAR 2 '-I 1999 .0; '" 2 PUBLIC WORKS ADMINISTRATION CITY iTEMS (. N/A COl\1MENTS B. Plan Views 1 Radius of curvature shown on all curves. v 2 20' curb return radii shown for major thoroughfares V and industrial streets. 3 24' min. curb onenin2 for nrivate road intersection. ~ 4 Horizontal curves and sight distance designed per v Hi2hwav Desi2n Manual. 5 Cul-de-sac radii (35' min.) shown. v 6 Private road turnarounds shown. ,...,-/" 7 RIW and street width dimensions shown. {,../'" 8 Centerline stationing shown at 100' intervals and at / all curves. B.C.. E.C. 9 Lotloarcellines and numbers/letters indicated. ~ 10 Valley gutters indicated. Flag flow lines at quarter - ~ noints on curb returns and vallev szutter centerline. 11 Stationin2 and offsets of all draina2e structures shown. ...-- 12 TIC elevation at all drain structures w linvert and FL elevations shown. (Invert and FL elevations may be v shown on provide if preferred. If profIle is not on same sheet as plan view, TIC, invert, and FI elevations must be shown on profile.) 13 Draina2e easements shown and dimensioned ~ 14 Location of underszround nioes and utilities shown. ~ 15 Street monuments shown. ~ 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 szrades shown. ~ 18 Wheelchair ramns shown at returns oer State Std. Plan ~ C. Profiles 1 Vert curves designed for proper speeds per Highway V-- Desiszn Manual. 2 Minimum vert curve lem~ths 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 % . v (3 % on sasz curves.) 5 6% maximum szradient observed @ intersectinsz streets. //" 6 6 % maximum srrade observed across intersection. .....- 7 1 % minimum srrade observed on all streets. JvD 8 Maximum street 2rades ner ordinance. L--- 9 Underszround Dines and utilities shown. ~ . ~! -, "'10.. 3 RECEIVED MAR 2 4 1999 PUBLIC WORKS ADMINISTRATION ,:; I CITY ...TEMS DL N/A COMMENTS 10 Existing ground on centerline shown. Where topography V is steep, existing ground left and right of centerline has been shown. Cross sections may be reauired. 11 Finish grade profile for centerline and for top of curb f-,./" shown (left & rie:ht) if sDecial e:rades reauired. 12 Cul-de-sacs all have 1 % to 4 % cross slope between ~ e:utter lip and hi2h Doint. 13 Super elevation grades shown where required by ~ Hie:hway 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 other - V proflles in lieu of the centerline profile is not an adeauate or correct reDresentation.) 16 Off-tract prof1le to catch pt. Shown where road is V- constructed to subdivision boundary. 17 Centerline stations and elevations shown @ 100' minimum intervals and @ all BVC, EVC, PIVC, and ~ e:rade breaks. 18 Proflle sloDes indicated. V m DRAINAGE A Hydrolo2Y-Hydraulics 1 Contour maDs-continue for 100 feet + bevond DrODertv. I,/'" 2 100 year water surface calculations completed when natural watercourse or drainage facility flows through or V adjacent to subdivision or the property lies within flood hazard or flood prone area and water surface shown on Dlans. 3 EOL, HOL, Fl, El, Q, A, S, V, freeboard at V structures, structure losses, tail water accumptions, SUDer or subcritical flow all indicated. 4 Adeauacy of in-tract drainae:e svstem verifIed. 5 All starting water surface calculations adequately verified. (When computing beginning watersurface in t/ natural watercourse and no obvious point of control is available, begin 500' downstream and work up to point in auestion.) 6 Adeouacy of off-tract drainage system verified. :: R~CE'VED MAR 2 4 1999 PUBLIC WORKS ADMINISTRATION :: .. 4 CITY ITEMS OK N/A COMMENTS B Easements 1 Off-tract drainage improvements (plan and proftle) and accompanying easements shown. Off-tract offers of v dedication for drainasze easement submitted for review. 2 Off-tract work to be done but no easement requirements. /./'" Riszht of entrv submitted for review. 3 Easement widths indicated for (a) Closed conduits, V (b) Coen channels. 4 Sufficient X-sections submitted to verify easement t./ widths and Development riszhts for ooen channels. 5 Access and ingress easements shown, graded to be t/ useable. 6 Minimum 12' ingress easement to public way provided ~ - V to all access easements. 7 Minimum 40' centerline radius for access easements / shown. 8 Structure setback line indicated and location verified ~ with X-sections for unimoroved channel. 9 Fences shown as required where street crosses ~ watercourse or drainasze structure. 10 Fences shown as required at outside boundaries of / ooen lined channel easements and water district canals. C Structures 1 Inlet depths without manhole bases and max. dia. Pipes tllrough inlets observed. V Type A 6' CC 3011 36" front 30" side Type B 12' CC 3012 30" side TypeC 4' CC 3013 36" front 24" side TypeD 6' CC 3016 36" front 24" side Tvoe E 4' CC 3017 36" front 24" side 2 Max. diameter pipes through manholes observed. V Type I 24" CC 3020 Type IT 42" CC 3021 TVDe ITI 60" CC 3022 3 1.25" minimum freeboard in inlets and manholes. 7 4 HGL shown in all structure oroftles. I/"" 5 Type C inlet shown with grate unless in pedestrian area, ~ FL elevation of side ooeninsz also indicated. 6 Structure type indicated on plan or on structure list on V same olan sheet. 7 Type B or E inlets used on streets with grades 6 % or V s teeoer . '. .. j = .. RECEIVED = 5 MAR 2 ~ 1989 PU[3LIC WORKS AOi.1iNISTHATION CITY lTEMS O' N/A COMMENTS 8 Ladder grab irons prov!ued for manholes over 12 feet ,,-/ deep. 9 Gutter spron lengths for A or B inlets specified for v orofile grades 3 % or IZreater. 10 Indicate internal dimensions of non-county standard V drainalZe structures used in orivate svstems. D Pine 1 Closed conduit minimum slope of 0.003 observed. ~ 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 V of flow. 5 Minimum centerline radii of pipe checked. Beveled - RCP lengths specified (bevel one or both ends) and t/ stationing of E.C. and B.C. indicated. 6 Outlet protection for closed conduits or lined channels V provided. 7 2' minimum cover over pipe observed (provided manufacturer specs does not require more) unless V special design and cales. Submitted, 3' minimum cover for plastic pipe. ". 8 Design 0 shown on pipe profIle. ./' 9 Minimum cleansing velocity of 2 FPS with half design / flow observed. 10 18" minimum pioe size. E. Channels 1 Maximum velocity in earth channel verified by soils ~ reoort - minimum velocity 3 fos. 2 Improved earth channel side slopes shown to be 2: 1 or ~ less steep as specified by soils report. 3 Lined channel side slooes as specified bv soils reoort. ...-/' 4 Areas noted to be cleared of structures, trees, brush, /' and debris within natural channel and watercourses. j:\word\forms\stimppl rev. 6/12197 .RECE1\/ED MAR 2 4 lS99 ~ 6 PUBLiC WORKS ADlvllN/Sl RATION PRELIMINARY REPORT Escrow Branch: 901 Campisi Way Campbell, CA 95008 (408) 559-3424 Fax (408) 377-0284 Escrow Officer: Wayne Miyahara/mb ri "Y'tJ fl t. Maf Alliance lltle ORDER NO. 99004365-007-A WM Re: Steve Arnold Engineering 1671 The Alameda No. 305 San Jose, CA 95126 D.R.EJMAP Fll..ING Property Address: 1725 Bucknall Road Campbell, CA APN: 403-60-014 ARB: 403-36-094 In response to the above referenced application for a policy of title insurance, this Company reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Please read the exceptions shown or referred to below and the Exceptions and Exclusions set forth in Exhibit A ofthis report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements hereto) is issued solely for the purpose offacilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The form of policy of title insurance contemplated by this report is: Escrow Only W (1, r Dated as of November 1, 1999 at 7:30 a.m. ~ ;f lJi ~CW"tL./~ Title Officer The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE Title to said estate or interest at the date hereof is vested in: Jovan Vidovic, a married man as his sole and separate property; Robert L. Schafer, an unmarried man and Marko Duchich, a married man, as his sole and separate property, as tenants in common The land referred to in this Report is situated in the State of California, County of Santa Clara and is described as follows: (See "Legal Description" Schedule C attached) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown on the following pages. NOTE: THIS REPORT IS SPECIFICALLY FOR D.R.E. PROCESSING AND MAP FILING PURPOSES ONLY. IF A SALE OR REFINANCE OF THE HEREIN DESCRIBED PROPERTY IS CONTEMPLATED, AN ESCROW MUST BE OPENED AND A NEW PRELIMINARY TITLE REPORT ISSUED. Page No.2 File No. 99004365-007-A W~ 1. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) to the Revenue and Taxation Code of the State of California. 2. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes as shown or dedicated by the map filed for record August 17, 1955 in Book 61 of Maps, at Page 11. For: Affects: Future Street Line Northerly 10 feet of the Southerly 32 feet of said land 3. Rights of parties in possession of said land by reason of unrecorded leases, or rental agreements, if any. 4. Any facts, rights, interests or claims which a correct survey would show. NOTES: a. Date last insured: 08-23-1988 b. This report does not reflect requests for notice of default, requests for notice of delinquency, subsequent transfers of easements, and similar matters not germane to the issuance of the policy of title insurance anticipated hereunder. c. If this company is requested to disburse funds in connection with this transaction, Chapter 598 of 1989 Mandates of the California Insurance Code requires hold periods for checks deposited to escrow or sub-escrow accounts. Such periods vary depending upon the type of check and anticipated methods of deposit should be discussed with the escrow officer. d. No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions provides coverage for environmental protection. e. No known matters otherwise appropriate to be shown have been deleted from this report, which is not a policy of title insurance, but a report to facilitate the issuance of a policy of title insurance. f. For the purposes of policy issuance, no items will be eliminated on the basis of an indemnity agreement of other agreement satisfactory to the company as insurer. Page No.3 File No. 99004365-007-A W~ g. Prior to the issuance of a Parcel Map or Subdivision Map Guarantee for the County of Santa Clara, this Company will require a copy of the tentative Map which is to be recorded for examination and retention in our :file. h. There is an additional $10.00 fee for recording a deed with a Legal Description other than an entire lot on a recorded final map. 1. Title of the vestee herein was acquired by Deed-- Grantor: Bozana Duchich Grantee: Marko Duchich, a married man, as his separate property Recorded: September 15, 1980 in Book F 577, Page 726, Official Records. Grantor: Charlotte L. Little, as to a one-half interest and William W. Scott, as to a one- half interest Jovan Vidovic, an unmarried man, Robert L. Schafer, an unmarried man, and Marko Duchich, a married man, as his separate property as tenants in common September 15, 1980 in Book F 577, Page 728, Official Records. Grantee: Recorded: Grantor: Grantee: Recorded: Rita Vidovic, wife of the grantee herein Jovan V. Vidovic, a married man as his sole and separate property July 14, 1983 in Book H 716, Page 245, Official Records. J. TAXES for the fiscal year 1999-2000, a lien, shown as follows: 1st Installment $1,068.45 Paid 2nd Installment $1,068.45 Paid Assessor's Parcel No. 403-60-014 Code Area 10-046 Land $63,594.00 IMP $95,399.00 PP NONE Exempt NONE Page No.4 File No. 99004365-007-A W~ SCHEDULE C LEGAL DESCRIPTION All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: Beginning at an iron pipe on a line parallel with and distant 22 feet at right angles Southerly from the Northerly line ofBucknall Road, 40 feet wide, and distant thereon South 880 29' West 1205.10 feet from a one-inch pipe at the intersection thereof with the Westerly line of the San Tomas Aquino Road, 40 feet wide, said point of beginning also being the Southwesterly comer of that parcel of land conveyed to Raymond A. Metzger, et ux, by Deed recorded July 14, 1955, Book 3224, Official Records, Page 423, Santa Clara County Records; thence along the Westerly line of said parcel conveyed to Raymond A. Metzger, et ux, North 00 09' East 200.00 feet to the Southwesterly comer of that certain parcel conveyed to George H. Padelt, et UX., by Deed recorded August 27, 1957, Book 3876, Official Records, Page 178, Santa Clara County Records; thence along the Southerly line of said parcel conveyed to George H. Padelt, et UX., and parallel with the Northerly line of said parcel conveyed to Raymond A. Metzger, et UX., North 87030' East 73.43 feet; thence parallel with the Westerly line of said parcel conveyed to Raymond A. Metzger, et UX., South 00 09' West 201.56 feet to an iron pipe on said line parallel with the Northerly line of Bucknall Road; thence along said parallel line South 880 29' West 73.38 feet to the point of beginning, being a portion of the Quito Rancho and also being a portion of that certain 0.742 of an acre parcel of land shown on the map of Records of Survey of a portion of the land of Ray Metzger, which map is on file in the office of the Recorder of the County of Santa Clara, State of California, in Book 61, of Maps, Page 11. ARB No: 403-36-094 APNNo: 403-60-014 8 r-,., ;a~ i l :t. 2fs~ l:l~ ltg r>", ~r 11I& ~d~ l~iD-" "HDj l:l :<101 _ 11I1 ~fnO ~ ~u j~g:';J @i-ilw, 01 :5"'1II <0 f\t!!& Hi{ "il. g ~i- Iii ..~.. ij I IS!.,. .." ~~ I if " "'-I !.!.'l ..,:" . ." 1i 6f. ,";".~ 100 :c .~ .. ~[l 1l-B'lS 'f!1l1 hI "'i I : 12.21,.... .. 4i:i~ ,... I O..!::' 10 ~ f: leo ~ -4~:,' )ot)" 0 C1I '": \ UI....A I~ -i~: -E'~--L-~Y,....!e 1 ~ PRIVATE 'DRIVEWAY ,..~ l':____:_ "-J [N 45.U' ----n.u- -.- ii.i1 N!:: I ...p UI r- r- ..: ,0 ~ I~ 0 . ~ 1t1l o~, 10) Il,..... \ '. -i ~: -t I. 0 '.'G' ~ ~ I -i~~~ . '\!~~:J ! IJ4:2:02 N ;' :i:~: - - T -- - - - ;-. - - - -- I U I U I U I U I lD , 01 , ..... , C1I , , , I I , , , , , , , , I , , , , ~ ' , I I I I ~ :&i I', :~ IL' '- -:l ::; -. I~ 'V :t: I.... ~ , I , 0 : : : 0 , ' , 0 I ," I I I , I ' ' I , I , : : : ~ """'" Zt I 19 I n I .... 1.. f I~' ~~ J : ______~~>---3N'v'1-- -=EO -lo-l zoz pOp N"'ON !;co N~ > I I }~~ I' ::0 > I E; ~ 09 ~ I ~O) U~ ~ I I I I I OJ c () ^ z ~ r I I \ :::0 o ~ o I p- II ~ I -l II : tN Ii I I (8) ",~",~":~"'~z.l ~, ," [tzZ, H tZ ,[tzZ '" Il'i ~I ~ ~i.. : f\J : "" !I"uo ..~~. lea .. & ~l' IN 'I! I Igll\) ~ ;, C)l;1l'i . , I\,) 'g I\) 'g 0 ' ~L .... - - - - - - - . I:: :.....: ~ ,.~I( /- ~ I .~ I ...~ I ~1-t!.J r.."rt' Q) (II:::: rt.~ I -.ctii .-.,..Ut IS oe;"f)li: .... UoL.J....I.J: ",loP () f..--------- I:....tt... 0 I:'" '/_ .. ~ l'~!{." C1I::: s: ..Ii ~l.Z:" .... o i!;------- Z lD nj 1- ~ r:: ,.; 0')""" ~ ~ ~~---~~--~ ", I; > ~"'j. /(A 01 l!l ..._........!.!?1!.. ~ 42." : 200( ... ... ~ E I; ~ ... ~ It;: ~ N /;:.; ::! I::: 64.11 A ... ~ io ... I~ ~ I @ II r UI q 0 .., .., () '" 0 CO C C Z -< > III III @ '" III III 0 :u III )0 Z ..... )0 () ,... > :u )0 () 0 C Z ..... -< () )0 .., 0 :u @ z )0 I ~t, lIl+zr- ,....1 I ~co O~ VJ r:] LJ EXHIBIT "A" LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS Note: This Exhibit reflects the matters which are excluded and excepted from coverage in the 1990 CL T A Standard Coverage Policy and the 1992 ALTA Extended Coverage Loan Policy with ALTA endorsement. Form I Coverage. If the issuance of any other type of policy is anticipated, the escrow officer should be contacted to determine the applicable exclusions and exceptions. 1992 AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE LOAN POLICY WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land; (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 alJeged violation affecting the land had been recorded in the public records at Date of policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alJeged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior to Date of policy which would be binding on the rights of a purchaser for value without knowledge. 3. (a) (b) Defects, liens, encumbrances, adverse claims or other matters: created, suffered, assumed or agreed to by the insured claimant; not known to the Company, not recorded in the public records at date of policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory liens for services, labor or materials, or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-Iending law, 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from the improvement or work related to the land which is contracted for and commenced subsequent to date of policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at date of policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws that is based on (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) subordination of the interest of the insured mortgagee as the result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer accept where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor. EXHIBIT "A" - continued CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY _ 1990 EXCLUSIONS FROM COVERAGE I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws. ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land; (ii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws. ordinances or governmental regulations. except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land had been recorded in the public records at date of policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior to date of policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at date of policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at date of policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy.; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy; or ( e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate of interest insured by this policy. 4. Unenforceability of the lien of the mortgage because of the inability or failure of the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-Iending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation offederal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE 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 maters excepted under (a), (b) or (c) are shown by the public records. PRELIMlNARYUPOltT ~ a....eh: JUt 5..1ueo1 W\4 ., CsIDpWL CA. "oJOOI (4OI)"u. fa: ("'1) 558-1_ I:H'I'OW ~ ~brb Tt'!Iihf(ljmm FINA.NCIAL TITLE COMPANY ReI: No: RECEIVED MAR 2 it 1999 PUBLIC WORKS ACMINISTRATION ORDER N04 :OOl441t-G30-A err tip.... Mr. Marko Dudlicb 875 Emory Avegu Ctmpb~ cA 9SefJ8 ., Propeny Addns.s: 171S 8uekDaD Road Campbell, CA APN; 403-60-014 AJ.B~ 403-36..94 AtIIl.: rn rupa!l51'1 TO ~ ~ew: ~ ..r:-:~.'" ptl~ afWla J----. dUf eo....., repGI1S dIlIt it II pzcpuai1a .... or .... _ .. iRM. ., oftl1c: daa ~ il Poli~ 01 Policies of Title 1DaInD=d...ntdDa..lJMad.. __ oc madSt..... ~...,.. i......... !m-:; wtl:iclllflllY ~ ,ul1llinM by IaDI rs( any ddIIGI. 110 CJI' .......Ie _Ih.... or Ntmtd. I& M ~ ~ lIGrciD or bOt =WIId hIIIl COVdqC puI'lNUt to ~ pI'I=d S~u. CoftdlliDIIS aDd StipulMiftDJ: Ai Rid PWky fiam&. n. ,.illlM sr"'P"'AJUl ad E:r:duiel\,!l hID tk co~ of said PoJicy or Poliga are _ forth ill f1.bt~f A 1IIad. PI.. read tit. nhpti...llaoWR fr ............ ... W..., ... .11. I 1 ,_ sad EJcIMIitnl lit Ivrda II lDum AD'''''' fIlIWI ttl'dlU)o. TIN! deep..... u4 esd1uioftJ .... rDa- ~ praw..,.. wtdi M&e III ...... ~ af'e 11_ ~ ..... tile ... of... $Ie ;.una. '~Iic1..." ..a&d lb. cueftllly nalid&nL It II Jmp!)rtur ro n6Z6 ... dIiJ ~......., P'fD" iI ..t . ~ ........lIItin a. . .. cndltio. of tide 1M .." DOt IiR aI .... lWtd, And aelnabr._ ~ dale.. eM..... 1bIsi NpoK <_.,. ,-,jl.a-c.ts bm:tD) D iuacd 8DIdy for the plU'pa5C Gffiw!ll'''', dIt i~ of ~ polley oftWe laM'IlIIce .. bo Iilbllify iI_.a~. If it is: .stell IW fabiliJ)- ~ ",llmed prierto .. .... of a poIic:y of titie ~ a,5inC or Commitmenl $laouJd be~. !he form of fl'OJ;q oftitJc iDanacc ~~ by Ibis rcpgn: is: At fA Under! Policy 0Ur.tj .as of '_ro-ry 2'. 1m Ii 7:30 IJL n.1Ci1IIE or __ in r:h~ '- ~ daA'ibai<<nfcmd La ~ by ~ bpM i~: A PEl TWa (Q ssid &SZlA w ~ III ~ _ ~ts ~.ID; Jovu Vibvic, u uaraanied ...lWIltebert L ~.,..., .. ...arricd lB. .... Marko Duchich, a mant..t 1U1a, as his Hie .ad MpIIRta ~perty, as tenaall ia ...... Thl: liIaci rcfl:l:fCG. to ill chi61lcpQn;1 ~ in l1Ic StIll: ofCllJ~ ~ rnS1II1I Clara qd II 4~ .. ~ (Sa '1..pl ges~~n. Sctl.tduJe C aDacbed) A1 the datc= hn'CGf e~ ID c:o~ in addidOlllO dld prlD~ "'GIlli ad Eoa:ldiiallS iD said pa&y waWd. be those u shGwD on dJ.e followins~- ~. No. 2OO1441l-01o-A en 1. TAX!S fartlM\! ~ yci6 1999-2000~ . lien DOt yet due orpayabJo. RECEIVED MAR 2 ~ 1999 PUBL.IC WORKS . ADMINISTRATION 1. Tax.. for the t'isc:al Yell' 199"99, a lieD,.:DOt yet due or payable. 1st ItlStaJ11'M1ftt $I,oS5-55 Paid 2nd.IDsbU",eut $l,055.5S Open AJsasors Parcel No. 40].60-014 Code AZa 10-046 Laud $62,438,00 n.lP $93..664.00 PP NONE ~ NONE 3. The lia ofsupplelf.lel'lnJ t.IIXe$. ifmy.. ~~ purJaIIIt to the: pmvWou ofChepr 3.S, (comml!lCJdng with Section 75) to the R.evawe auci TUItioa Code of1he StaIIe ofCalifonsiL 4. An e8$dDe!lt ~ the porlica of Slid lad a:ad !or die plUPOK smred bcnm.md mcideDtal puposes as mown or dedi~ by the map filed forP!lCOtd August 11~ 1955 iD Boat 61 c)f~ at Page 11. For: .Affi!I:1s: Future Svcet Lme The Nordmly 10 1ietofdse Sout:bedy 32 feet 5. A deed of UU$t to secare m WJe~ne$s in the origiDli 1ID0tmt sb.owD below, Dated : August 9 ~ 1988 AmQJ,lftt : S 157)00.00 Trustor: lovara Vid.o~ atJd &>bIrt L. S.... sad. Marko ])nc:J..ieb, Trustee : Bay View A-ufIlM)' Co%paraIioD, a Califomia COIpgaUOD. Bemtfic:Wy : Bay VIeW Fcdca1 SaviDp aDd. Loa ASSOCUUOD,. . Wend ~ Recorded; Auggst 23, 1988 iA Book K 650, P* 1015. 0tEcial R.ec:ords Ac1.dm5 : 2121 E. El CarninQ RIaL, S* 803. SID ~ CA 94403..1897 Loan No. : )94-7191-91BGD~d 6. RiJhts of parrie:s m JIO~on of said.laDd by rClSOIl ofum-e=ordcd.leaelt or tcQw ~, if any. 7. A1J.y facts, rights. in~ or cWms which a ~ lUl'Ye)' would sho.... NOTES: iL. If the land is an improved JeSidentiallot on which tIaele i51Q~ a ~!our family M~ and .c.b ~ Buyer is a NI5lUrII Pmoa, ad UDle$S t4erwise dtre=d. we will i5su8 me Extended. CovwaIe CLTA }.{ameawnas Poliey otTilie Ins\.lr8rCe- b. Date bst insmed: 8-2).88 rip J'lV. ~ FIJI No. 2D014f71..OJO-A err e. 'Ibis report does D,Gt mfIa:t lI'IIpSfS for DOticc of.... ~ far DGtico til.....ue:y~ 5UbIequallraDS&ls at ~""'flMc..1bd .mum 1"-1ttD not~~ t6 the isIwmoe ofw policy of 1itIe ~ IZIJiciplllll! hmnmda'. d. IftbiJ colDplllY is ~ to .... fIIzuk ia ~ -tdi this 1IIIINClioa, CJ:tapter S91 ot 1989 MaI1datcs of1he ClIifomia ~ CoQe requiles !!old periods fDr dledaI daposi1Id to escrow or ~.., ac:ounb. Sueh periods 'YIIY ~""I upon die type of c:hcck aDd antidpal'ed xnethods of deposit shoul4 be dUC1J.S.Wd with the escrowofticet. e. No enclot.sem=n iSSUlli in GOJlDW'iOD. with 1M poky aM Je1lliDC to COV~j CODditiot1S OJ' restrictiom provideS coverage for eDVir~~l",~tioD. f. AccOMmg to the public records. no Deeds COAVCyiDg the property ~ ill dU ~ have been ruorded witlWl a period of twQ (2) ,.em prior to the data of this ~ IIJOZPllill sbowD J1e:=m... NONE RECEIVED MAR 2 4 1999 PUBLIC WORKS AOMINISTRATION I nIII!j'lJ nu.. . FIll No. -14411-831-. crt $CBDUJ.,J C LEGAL DISCItJPnON AU that certain real plOptItY situate in the City of Campbell. Coqty afSGa Clara, Sw.e ofCaUfomias dascribed as follows: BegirmiDg at at! i:oQ pipe on & li= paraJW wiTh aDCl dirtal~ at rlpt aacr- ~ the NOI1herly line ofBudaIall1lotit. --.. .. ciWDl1biiiOA~~o-~ from & o~inc:h pipe. the i:atezsecCioD t&enof'with 1be Westedy liDc oltbe San Tomas AquiDg ~a.l_ wide; $Sid point ofbegU;.mftg aldO beiDg me, So~conmr oftbat pargeI. of 1aDd c:onw:ycd to Raymon4 A. MeC:rpr~ et we, by Dee4 ~.July 14. 19S5t Boak 32%4, 0f6dal Reamh, Pap 423, SlIDta Clara Couraty Recordli tl1=o along the WesIaiy 1W: of said pared coaveyed to Raymond A. Meager, et we. Notth O. ov But 200.00 fat to tbe soumwesta'ly coma' oftbat ~ ~ ~V'CyCd to George H. Pade~ el ~ by Deechecord.f4 Aupt 21, 1'51, ~oo.k 3176. 0f&c;.W :R.ecoId", Page 178, Santa Clara County ~ dl~ ilaB8 the Southedy line of said pan:el conveycQ to Gco:gc: H. Pad.e~ et lIX., and panl1el with rile NGftberiy!iDe otsaid pIft:e.l CODveyed 11:>> Raymo1'1d. A. M.eugert et ux.. North .. EasW f=t; tba= puaIlel with the Wccly lme of Aid paEWl WIL~ tD Ra)'UlODd ~cr~ ct ~f ~ 00 09' West 201.56 ~Dn pi..,pi)OIlsaicUiw: panlld 'tVirb. the Northerly 11M oiB'~.n &Qed; theDee aalong Mid paraIleI line South sa. ~ West 13.31 r.t to the point ofb~i'1& beiDa a portion of the Quito ~ :and also bIiq a.ponion ot'that cenain 0.142 of an aae parcel oflaftd. Shown. on Ire mq ofRAeOlds ofSlJ1"Ve)' ofa pon:tQG of_ Iarui of Ray Mct2i~r:. which map is 011 file in the ofll= oftAe Rccorr1er of1be County tJfSQtit ~ SW= of~ in Book 61, of~ Page 11. All that certain real plop~ "'UIte in the City of Campbell. CDuaty,,"c;.m. Clara, State ofC~1WMIW6 dascribed as follows: . Begiftnmg at at! izor1 p,. on & 1m. paDeI wiTh aM (tiatal22 feet at d&hE aacr- Soudx:rly from the NOI1her1y line ofBudtDaU llotd, 40 teet wiele, .. ~ 1bacoD South 810 ~ West 1205.10 feet from & o~inc:h pipe. the iatasectioD <<MNof'with 1be Vlestedy ~ oltbe San TOIDtS AquiDg ~ 40 faec wide; $Sid point ofbeginzzmg aldO beiDg me So~c:anmr oftbat pargel of1aDd ~cd to Raymon4 A. MeC:rpr~ et we, by Deed ~.July 14. 19S5t Boak 32%4, 0f6dal bcol~ Pap 423, SlIDta Clara Cou=y R.orcbi ~ along the WesIaiy 1W: ofsaicl pm:cI coaveyed to RaymoQll A. Meager, et we. Notth O. ov Eat 200.00 fat to 1b8 SOlDwesfJdy coma' oftbat ~ ~ ~~ to George H. Pade~ el ~ by Deechecord.f4 Aupt 21, 1'51, Bock 3176. Of&c;.W:R.ecoId", Page 178, S:mta Oara CDUDty ~ ~ il61l1 the Southerly line of said pm:cl conveycQ to O=,c: H. Pad.e~ et lIX., and pan1lel with rbe NGftberiy liDe otsaid pIl':Id CODVC)'ed 11:>> Raymo1'1d. A. Mqer) et ux.. Northl70JO' East 73.41 f=t; tb=cc puaIlel with the Wcc1y lme of Aid paEWl WIL~ tD Ra)'UlODd A M=gcr~ ct ~f 80= 00 09' West 201.56 :fIII!r to aD imD pipe 011 said tiw= panlld ~ the Nortbetly line oiB'l~.u ltolCi; theDee aalong Mid pIr3l)eJ line South sa. ~ West 13.31 r.t to the point ofbqjmi'1& beiDa a portion of the Quito Rancbo and also bImi a.ponion ot'that catain 0.142 of an aae parcel oflaftd. Shoe on Cbe mq ofRAeOlds of Survey ofa pcrn:iQG of_ Iarui of Ray Metz;~ which map is 011 file in the ofll= oftQe Rccorr1er of1be Coum:y tJfS~ ~ Slate of~ in Book 61. of~ Page 11. ~O~ t ~ ~ cu \~ N -l:) f<jw ~ ~ ~ a U ll. 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Uo s>- d ot: <O(U ~~ 4Iw D:::r <(..... @ ! ~ ~ 1~@5~ !i , <:,,,~ ~~~~ ':~ , C? ~ ~i@,2)~ ~iO .0 o~ @@2) ~1.loJ ~ @ I @ @ @ ~: "'0\ ~@ .8 I o i: $~ , b P rg = . .,~ \ I 'z @ ~ ! ~_~~__ ~ I@~ (lI!!J 3N\f1 ~ ~~~~ aOOM.LIHM lr-' ~ 25 2) g ~~@@5 ,S,'6S 3 ,IS .6e S <:, o ci r-. !i w 2 =>., ~;:: 2" 2l~ 0.; a ~J~' .,,,, ~i . -- 3N\f1 OOOM.LIHM ::.1/.. t}/ ;:'i/i, 2':) .::--t:~.:/ ,S,'6S 3 ,IS .6e S ~ 2l~~ ';-il ~a!iL ~i~ ~~~ - , , ~I .; <0( ~ o~ Ol,",= ...J 0 II t: 'if~ Ill:: <O(Ol :. ~~ , , ~ .../'"' 3Afl::fO \fl::f30Vl::fd 'vi ,~ ,~ - - - ~.;; 3"":0< -.L-; N 1= @5~ @~ ~6 @5~ ~@, lJ,@@& D@[J:fl J1@WOOJ1 &&@& o@[J:fl J1@WlliJJ1 j~ ~~ ~~ @'5~ ~~ N ... o N t; &.rJ :z: en ,;1 CITY OF CAMPBELL ENGINEERING DIVISION LAND DEVELOPMENT SECTION DEVELOPMENT dHECKLIST Reco~ APPLICATION NO: TRACT NO. ENCROACHMENT PERMIT NO: ADDRESS: APPLICANT NAME AND PHONE: CONSULTANT NAME AND PHONE: -- ---. 1. ENCROACHMENT PERMIT ISSUANCE CHECKLIST 2. ENCROACHMENT PERMIT APPLICATION 3. ENCROACHMENT PERMIT INSURANCE CERTIFICATES 4. FEES, SECURITY AND CONSTRUCTION ESTIMATES a. Engineering Plan Check and Inspection Deposit ~.1.l!. b. En~ineering Plan Check an~ Inspection Fees. AtJ:/7o c. FaIthful Performance SecurIty .. .. ./.I1I!. 7' L!.. . . .. d. Labor and Material Security . . . .'/ Ill!. o/q, . . . . . e. Maintenance Security ...~5.%........ f. Emergency Cash Deposit ....... 4.~. %:. g. Storm Drain Area Fee ~';?::J/I/.~ h. Record Map Fee .,~&a:.(...... 1. Traffic Engineering Fee ..................... J. Monumentation Security .. .. .. .. .. .. .. .. .. .. . k. Park Impact Fees ..................... 1. Miscellaneous Fees .. . .. .. .. .. .. .. . .. .. . m. Construction Cost Estimate .............. ....... 5. STANDARD AGREEMENT AND ATTACHMENTS........ 6. SPECIAL AGREEMENT AND ATTACHMENTS............ 7. RECORD MAP a. Easements and Dedication ................... '7-C/b~ Taxes and Assessments Letter ................... (:S. N on- Interference Letters (NILS) .. .. . .. .. .. . .. . .. .. d. Signed Check List by Engineer/Surveyors . . . . . . . . . . e. Current Preliminary Title Report ................... (f. Subdivision Guarantee . . . . . . . . . . . . . . . . . . . ,.--g. Fictitious Name Certificate ................... 11. ",:,',:ocHOA-Management Ag~nt-- ................... ;-r'\ CC&R's ................... L, J-. Mylar Copies After Recording ................... 1 REQUIRED RECEIVED ~. :;;- ~. V- v--- V- I/'" ........- ~ ~ /l/ A- I/"" V-'- ~ /!//l- /' V-' V"". v/' 1-/' y'/ .A/A V ~ ; ,I ~~/7t )/ -- II~ ,j" .',- "....". / 7--'6./: b/? J/~ sLle WORKS DEPARTMENT RECEIPT Effective July 1. 1996 TO: City Clerk PUBLIC WORKS fiLE NO. ~ ., #~~ ---:;Z:Z//~71/}// gj" PROPERTY ADDRESS Please collect & receipt for the following monies: ... .V ACeT ITEM ................. I .... 43S.l3H92I Project Revenue (specify project) S ENCROACHMENT PERMIT 47Z2 Application Fee Non-Utility Encroachment Permit (S22S) R-I First Permit (No Fee), Subsequent Permit/Yr(SIOU) Utility Encroachment Pennie Arterial/Collector Street (S32S) Residential Street/Other Areas (S22S) 22113 Plan Check Deposit ~ 2'Y. of ENGR. EST. (S.5lKlmin) . 22113 Faithful Performance Security (FPS) (100./. of ENGREST.) . 2203 Labor and Materials Security (100.;' ofENGR EST.) 2203 Monumentation Security (IlKI%ofENGREST.) . 2203 Cash Deposit (4% ofENGREST.)(SSIlO minlSIO.lKIO Max) . Plan Check & Inspection Fee (Non-Utility) 47Z2 Engr.Est. < S2.50,000 (12% of ENGR EST.) .. 2203 Engr.Est..>S250JHKJ (Deposit 8% of ENGR. EST./S30.000 min.)" . 47Z2 Utility < SlOO,OOO Minimum Charge Pcr Location (SI20) ConduitslPipclines up to .suo Feet (SI.6H/ft) Above SOO Feet (S1.I0/ft.) ManholesIV aults/Etc. (SillS/eo) Pole SetIRemonl (SillS/eo) Street Tree PlantinglRemoval (SIOS/"') .. 22113 Utility> Slno.uoo Actual Cost + 2()-/. .. . 4722 Street Tree Planting/Removal Pennit (SIOS) 476fl Project Plans &. Specifications Project No. 47611 Standard Specifications & Details (SliPg S12IBook) 4760 Copies of Engineering Maps &. Plans ($.SO/'q.ft.) . -'f _ /1// 4722 Penalties: Failure to restore public improvements (SIIKI/Calendar Day) (Muni Code Section 1l.J4.01U) 4722 Penalties: Failure to correct unsafe conditions (SIUO/Calendar Day) I.AND DEVELOPMENT 4722 Lot Line Adjustment (SS(KI) 4722 Parcel Map (4 Lots or Less) (SI,060 + S2~iLol) 4722 Final Tract Map (5 or More Lots) (S1)80 + S2SiLol) 4722 Certificate of Compliance (SS(KI) 47Z2 Certificate of Correction (S300) 4722 Vacation of Public Streets & Easements (S5S0) 4722 Assessment Segregation or Reapportionment First Split (SSSO) Each Additional Lot (SI70) 4721 Stann Drainage Area Fee Per Acre (R.C S2,<UIO) (Multi-Res. S2,2S0) (All Other, S2,S(K)) 492U Parkland Dedication Fee 496S Postage TRAFFIC 4728 Intersection Turn Counts (Two.Hour Count) (S60) 4728 Inte~tion Turn Counts (a.m. or p.m. peaks) (SI2S) 4728 Traffic Aow Map (Daily Traffic Volumes) (S27) 4728 Campbell Traffic Model (Full Scope Assessment) (S2,1SO) 4728 Campbell Traffic Model (Reduced Scope Assessment) (S740) 4271 Truck Permits (S3S/trip) 4728 No Parking Signs (SI/eoch or S2S/100) OTHER TOTAL S -?:Ar? NAME OF APPLICANT //0///1 7)//r:h J/h / .~ ~ nL~6~ 0~ 1'1 ,/' NAME OF PAYOR PHONE 870 /-::- /7},(J r 1/ rlVP- ....-:>~~ ADDRESS ZIP '/ -"7/ , 7 .. Actual Cost Plu! 21r;., Overhead (Non~lnteresl bearing depo!il) FOR CITY CLERK ONLY Date -For Plant:heckilnd Cash Deposits; send ycllow copy to Fmance. Diltcl.lnilials h:veefnn4(exe)mp{"'v IM7) ( LD ot . CAIltA :..... <S> !::: ~ u r- 1-", -'- " ,--' OI?CHARO. CITY OF CAMPBELL Public Works Department Septermber 12, 2001 Marko Duchich 875 Emory Avenue Campbell, CA 95008 SUBJECT: PERMIT NO. 99-161 LOCATION: 1725 Bucknall Road FINAL INSPECTION AND ACCEPTANCE Dear ML Duchich: 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 August 15, 2001. The permittee is responsible for the repair and/or replacement of any defective work or failures that occur within one yeaL The City will inspect the improvements within one year and notify you, in writing, whether or . not any repairs are required. Your Construction Cash Deposit of $1,416.00, plus any interest due, is now being processed and will be sent to Robert Schafer under separate cover. Your Cash Maintenance Bond in the amount of $8,850.00 has been received, therefore, we are returning the attached Faithful Performance Bond and Labor & Material Bond. If you have any questions, please call me at (408) 866-2168. Sincerely, ..... 1!-~ -JA /I ( .f f;. c "7-J~t~ Alan Horn .. Senior Public Works Inspector MQ cc: Suspense - 11 months Permit #99-161 Inspector File Mark Rippo, Attorney-in-Fact, Developers Insurance Company, 17780 Fitch SL, Suite 200, Irvine, CA 92614 h: \ word\permits\l99161 fi n(j d) 70 North First Street Campbell,California9500B-1423. TEL408.866.2150. FAX40B.376.095B, TDD40B.B66,2790 ~ '" ~ Refundable Deposit Check Request To: Finance Director Check Payable To: Robert Schafer Address - Line 1: Line 2: 14960 Los Gatos-Almaden Road City: Los Gatos State: CA Zip: 95032 Description: Refund of Deposit Account Number: 101.2203 Amount: $1,416.00 Account Number: Amount: Account Number: (Finance Dept only) 101.540.7448 Amount: Interest Earned (Finance Depl only) Total Payable: $1,416.00 (Exad Amount) Purpose: Refund of Construction Cash Deposit Receipt #: Permit #: 99-161 Oate: 07/28/1999 Sr. PW Inspector Date: 09/12/2001 City Engineer Date: 09/12/2001 Title: Accounting Clerk II Date: Title: Accountant Date: Voucher #: Requested by: Alan Horn Approved by: Michelle Qui Finance Dept Only: Verified by: Approved by: ~ecial Instructions For Handling Check Mail As Is: xx Mail in Attached Envelope: Interim Check: Needed By: Return To: (Name) (Oepartment) Other: fin: FonnslexceVchkreq . Revised 05100 Refundable Deposit Check Request To: Finance Director Check Payable To: Robert Schafer Address - Line 1: Line 2: 14960 Los Gatos-Almaden Road City: Los Gatos State: CA Zip: 95032 _. Description: Refund of Surety Account Number: 101.2203 Amount: $2,000.00 Account Number: Amount: Account Number: 101.540.7448 Amount: (Finance Dept only) Interest Earned (Finance Dept only) Total Payable: $2,000.00 (Exact Amount) Purpose: Refund of Monumentation Security Voucher #: Permit #: 99-161 Receipt #: 123045 Oate: 07/28/1999 Requested by: Title: Land Dev. Eng. Date: 09/11/2001 Harold Housley Approved by: Title: Land Dev. Mgr. Date: 09/11/2001 Lynn Penoyer Finance Dept Only: Verified by: Title: Accounting Clerk II Date: Approved by: Title: Accountant Date: ~ecial Instructions For Handling Check Mail As Is: XX Mail in Attached Envelope: Interim Check: - Needed By: Return To: (Name) (Department) Other: fin: Forms/excellchkreq - Revised 05/00 STEVEN A. ARNOLD - Civi7ineer, Inc. 1885 THE ALAMEDA, SUITE 130. SAN JOSE, CALIFORNIA 95126. TELEPHONE (408) 557-9005 FACSIMILE (408) 557-9075 City of Campbell Public Works Dept. 70 North First Street Campbell, CA 95008 September 10, 2001_ €,C€.\\I€.O ~ ..' - \ , 1~~\ ~(~ ~o~'4C.S pUa\.\C f\"1\Otl~ t.Q",\~\S1 Subject: Parcel map for 1725 Bucknall Road Campbell, CA Gentlepersons: All of the property corners for the subject project have been set. We have been paid for this service. Should you have any questions, please feel free to contact me at (408) 557-9005. Respectfully submitted, c / teven A. Arnold Civil Engineer CE22301 cc: Marko Duchich Galeb Paving, Inc. STRUCTURAL DESIGN. LAND SURVEYING . BUILDING INSPECTION . GENERAL CIVIL ENGINEERING SERVICES STEVEN A. ARNOLD - Givt" gineer, Inc;. 1885 THE ALAMEDA, SUITE 130. SAN JOSE, CALIFORNIA 95126. TELEPHONE (408) 557-9005 FACSIMILE (408) 557-9075 September 4, 2001 City of Campbell Public Works Dept. 70 North First Street Campbell, CA 95008 REceIVED SEP 05 L001 PUBLIC WORKS ADMINISTRATION Subject: Parcel map for 1725 Bucknall Road Campbell, CA Gentlepersons: All of the property corners for the subject project have been set. Should you have any questions, please feel free to contact me at (408) 557-9005. Respectfully submitted, c Steven A. Arnold Civil Engineer CE22301 cc: Marko Duchich STRUCTURAL DESIGN . LAND SURVEYING . BUILDING INSPECTION . GENERAL CIVIL ENGINEERING SERVICES O~'CA4t . ;. ~ w'Ji. '" ~~ ... ~... r"' ~ -l.t r'" ,. . ....:s. -A",...,...,_.-. .....4 ~. (:' (jot CH A\\.'O. CITY OF CAMPBELL Public Works Department August 21, 2000 Robert Schafer c/o Marko Duchich 14960 Los Gatos-Almaden Road Los Gatos, CA 95032 Re: Project Address: 1725 Bucknall Avenue EP 99-161, Parcel Map No. 721 27/28 Monumentation Cash Security Dear Mr. Schafer: According to the City's records, a $2,000.00 cash security bond is still being retained for setting the survey monuments for the above-referenced Parcel Map No. 721 27/28. Please provide us with a letter from your civil engineer/land surveyor that all monumentation has been completed in accordance with the Subdivision Map Act Section 66495, and the recorded Parcel Map No. 721 27/28, and that he/she has been paid for hislher services. Upon written request for refund of the security by the party who posted it, the staff will check the site to verify that the monuments have been set. When the monumentation has been completed, the staff will arrange to have your security released by the City Council. According to recorded Parcel Map No. 721 27/28 monuments should have been set on or before August 15, 1999. Please respond within two (2) weeks of receiving this letter. Contact David Corona or me at (408) 866-2158 if you have any questions. Sincerely, ~ ~ 1. Harold Housley, P.E Land Development Engineer cc: LD File/1725 Bucknall Avenue EP File/99-161 Alan Horn, Public Works Inspector Michelle Quinney, City Engineer Steven A. Arnold, 1671 The Alameda, Suite 305, San Jose, CA 95126 j:\ld\monuments due 70 North First Street' Campbell, California 95008.1423 'TEL 408,866,2150 'FAX 408.376.0958 'roD 408,866,2790 /~ /0) ;/~ .' I ~E{jLl //ZEP ~ /C L-,;orc{ /7r CITY OF CAMPBELL ENGINEERING DIVISION LAND DEVELOPMENT SECTION DEVELOPMENT CHECKLIST APPLICATION NO: TRACT NO. ENCROACHMENT PERMIT NO: ADDRESS: APPLICANT NAME AND PHONE: CONSULTANT NAME AND PHONE: J75tt -c~ ~;: ,c// /' /c ,,~ ~? __ jl?~~~~~~~ 1. 2. 3. 4. ENCROACHMENT PERMIT ISSUANCE CHE,9<L 1ST ENCROACHMENT PERMIT APPUCATIO~~;t~ ENCROACHMENT PERMIT INSURANCE CERTIFICATES FEES, SECURITY AND CONSTRUCTION ESTIMATES v,# a.5:<c Engineering Plan Check and Inspection Deposit d?i?;(lffJ" b. /2~En~ineering Plan Check an~ Insp~c!jon Fees.r'''f(f. c. FaIthful Performance Secunty ~...?~.4(;c....... d. Labor and Material Security #.~.a;}.41.~tJ..... e. Maintenance Security ~""';Z-""""" f. Emergenc~ Cash Deposi~t~ ~/f!f}..'iJ"'" g. Storm Dram Area Fee 5u. L~fl1.~/7.T:./f.4.f h. Record Map Fee ~~~t?......... 1. Traffic Engineering Fee 1", ................. M . S . ~~ J. onumentatIon ecunty . . . . . . . ;;'/ . . . . . . . k. Park Impact Fees " . -: Z.:0a:.,,' ~ti 1. Miscellaneous Fees .. .. .. .. .. .. .. .. .. .. . m. Construction Cost Estimate ..................... STANDARD AGREEMENT AND AITACHMENTS........ SPECIAL AGREEMENT AND ATTACHMENTS............ RECORD MAP a. Easements and Dedication .. .. .. .. .. . .. .. .. .. b. Taxes and Assessments Letter ................... c. Non-Interference Letters (NILS) ................... d. Signed Check List by Engineer/surveY~ors .. . . . . . . . e. Curr~n~ ~reliminary Title Report ...f~.!f...... f. SubdIVIsIOn Guarantee . . .Z ~ 7.1. . . . g. Fictitious Name Certificate ;Ii' . . . =?'~' . . . . . . . . h. ROA ~ ... ./61t7.41./~ 1. CC&R's . ~/............. J. Mylar Copies After Recording ................... 5. 6. 7. 1 REQUIRED RECEIVED A/d A# v' ~ Fe~ .4~~ d/4 Y ::: (?ef ~. F~e ;,..--/ , ~') flee! '- ~ . ',,~:. -<//4- 4/'d' F (' .~'/~I rJ ,J ~j.!e. V ~' /,./" F~c. V ~ #$l ~ Ref- )/" J..--' t-"'/ V Fcc- 4/4 A//;' /' V", ',-"' ~ ~ ;/' . "-- /P:4r 4/;11 ~ V / / v/' / ~ J._____ +- I' I r" Jt,~ "~I . /,' . 1/ ,{: / y ~ ~' ~ V' RIGHT-OF-WAY BY SEPARATE INSTR................... SOILS REPORT ................... PLANS a. Street Improvements .. .. . .. . . .. .. . . . .. . . V ~: ~~;: Drainage :::::::::::::::::::: ~ 11 ~LEE: ~ t?~s ~~~~:::::::::~~ci? a. SCVWD ~~O:. EAS:MEN~ LTR,~.:.~-1.~..fI.:. 'J '/ b. WVSD .~ .'f.12. ..... ~ SJWC "" " " " /' 1%4 ~ ~: PG&E "n n n n:::::;J; :it:: ~ e. Pacific Bell" " " n... .lA. J'l...... sr- f. TCI n n n n n. ..J ./. /.'.?'f. . . . . V- g. SCCFPD (Central Fire) .................... 44- h. Cal Trans .. .. .. . .. .. . .. . .. . .. 0 1. City of San Jose .. .. .. .. . .. . .. . .. .. . J. Town of Los Gatos .................... k. Private .. .. .. .. . .. .. .. . . .. . 1. Other .................... 12. SOILS REPORT .................... 13. LETTER FROM DEVELOPER TO PAY ADDITIONAL PLAN CHECK EXPENSES 14. UTILITY COORDINATION PLAN ...................... 15;, APPLICANT LETTER STATING COMPUANCE WITH. CONDITIONS OF APPROVAL 16. SPECIAL SUBMITTALS PER CONDITIONS OF.......... /' APPROVAL (/- ~. 11 17. PLANNING DMSION APPROVAL .~~h.t:c.5.: 7,/$$ V 18. BUILDING DIVISION APPROVAL .................... - ~- -;J= 19. TRAFFIC DIVISION APPROVAL .................... . 20. SERVICE CENTER APPROVAL .................... 21. ESCROW LETTER WITH RECORDING INSTRUCTIONS ::;/ . __ ;/~ 22. CIT~~C AN~P NI~JaCOMM.. .R1;S.7j...... _ / 23. ~ ~~~. f IZ?JU ",.--- ~/e1-J~'l'1 24. /t$t ~ ~ ~.. tL- I ./ COMMENTS: / - 8. 9. 10. ./}//l ~ ;:; c." Prepared by: h: checklist. hh 1/4/96 Da~# Approved by: 2 /1-~ J/' Zj) ..~- ~~- Date: ,;' ) Y,t\\ c ~[, ~~'J'. . ( ! ," '~- . n\ Llu"~L~\\\\.-'E: ( 1:.>. ):;;~:f ~~;4~//c:J// Q ( 4"-'5) .- C;?;c,... "2,4"2 ~ N'C\l " \J Cy"'l, Message from Pat Correa, Nov. 16,2:24 p.m. Regarding our Bucknall parcel map, Vidovich, taking on the map as an unmarried man as we discussed, and our prelim reflects a married man as his sole and separate. I spoke to Phil Kessler, as you know, he's our SL Title Officer, and Kevin, he's head of our title department. They both agreed we do not need to do a correction on the map, while the unmarried man is incorrect, Jovan Vidovich signed as a.. . one signature. He is a married man and it is his sole and separate property and they do not need another signature, such as his wife, and hopefully that will be okay with you, too. But, if not, please give me a call back. They felt that that would be okay to take care of it that way. Give me a call, 559-3424. Talk to you lateL - ~~_..,.._ F,',' _ t;/tA Co 7 /&i/, '/~~i'L~, -, ;//t"d',~/w~;t~ ~ 0/ / '// / ~i ~., / __ .77A!/~4e cd;: ,.:;::thZ ~,--[d}7- ~;?Z/.6'" ...../ 9'::12--~"" /1 /' 'ar I -,;/ /, ,u,' / /~, //t(~: .. I r U4. ..- '> "CH.\.\1.Q CITY OF CAMPBELL Public Works Department November 4, 1999 Pat Correa, Title Officer Alliance Title 901 Campisi Way, Ste. 100 Campbell, CA 95008 Re: 1725 Bucknall Road Recordation of Documents Dear Pat: The land owner has now demolished the existing structures and wants to record the Parcel Map and related documents as soon as possible in the order listed below: 1. Street Improvement Agreement; 2. Final parcel map consisting of two full size mylar sheets; 3. Covenants, conditions and restrictions. Prior to recording this document, insert the recording information for the parcel map on page 2. Please provide the City with a full-size duplicate mylar set of the recorded parcel map and three blue line sets. Please give me a call if you have any questions, Cc: Anne Bybee, City Clerk Bill Helms, Land Development Manager Bill Bruckart, Building Official Aki Irani, Planning Division Robert Kass, Public Works Director H:\landdev\I725bucknall_allianceltr(mp) 70 North First Street. Campbell, California 95008-1423 . TEL 408.866,2150 . FAX 4083760958 . TDD 408,866,2790 ~ -' CONFORMED COpy RECORDING REQUESTED BY (';,}tr.0?',,4,",\,T'\ .....t"I"'-t~. ..,...,. ~ t1J ,,':'_'___~"'--:":'~~!.._~" ~l:' Il.~~ _'" '. 1;~~ orV"']'rnrn I'lIlfJ ---- ---.. ._.- . .~-...." ........j. ~ ~"::rj:~~:~~i (~::~,~r:,~r~A ';'::? ,: " ' "J ~'i-..~ In. c.Lt.~,,~ \. COl.!;, ~ A '~'. ~:; _"f'17{'n1.T}n~i '- .. ~- .............._'1... ~~i~l" , .. ,.."'" it/oJ ,./' AND WHEN RECORDED MAIL TO MARKO DUCHICH 875 Emory Avenue Campbell, CA 95008 , 15055165 DoC" ' 3' 26 ~M \ 1 f\ 0/1 999 ' SPACE ABUVE THIS LINE FOR RECORDER'S USE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND MAINTENANCE AGREEMENT FOR 1725 BUCKNALL ROAD THIS DECLARATION is made as of the date set forth below by 1725 Bucknall Road LLC (referred to in this Declaration as "Declarants"). SECTION 1: Recitals 1.01 Description of Real Property. Declarant is the owner of that certain real property located in the City of Campbell, Santa Clara County, California, which is more particularly described on Exhibit "A" attached hereto and by reference incorporated in this Declaration. 1.02 Common Plan for Proiect. By this Declaration, Declarant intends to establish the rights of each of the lots to use the driveway and to provide a general plan for the maintenance, care, upkeep and replacement of the Common Areas as herein described and to conform to the requirements of the Planned Development permit and Conditions of Approval for the Project. This Declaration is intended to apply both to those lots upon which are intended to be constructed half-Plex units, and to that lot upon which is intended to be constructed a detached unit. NOW, THEREFORE, Declarant hereby declares that the real property described on Exhibit "A" sh~ll 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, and every part thereof, in accordance with the plan for improvement ofthe Property and the division thereof into Lots. All of the limitations, covenants, conditions, restrictions and easements shall constitute covenants which shall run with the land and shall be binding upon Declarant and Declarant's successors and assigns, and all parties having or acquiring any right, title or interest in or to any part of the Project. 1 SECTION 2: Definitions In addition to other definitions provided for herein, the following terms shall have the following meanmgs: 2.01 "Homeowners Association" shall mean the committee created pursuant to Section 3 entitled "Architectural Control" and which is charged with architectural approval and control of the Improvements within the Project. 2.02 "Architectural Control Guidelines" or "Guidelines" shall mean the written architectural review standards, if any, promulgated by the Homeowners Association as provided in Section 3 entitled "Architectural Control". 2.03 "City" shall mean the City of Campbell, California. 2.04 "Conditions of Approval" shall mean the conditions of approval for PD98-0 1. 2.05 "Common Area" shall mean and refer to the storm drains and sanitary services within the Project and the fences, sidewalks and driveways, as shown on the Site Plan attached as Exhibit "c" to this Declaration and the landscaped areas as shown on the Commonly Maintained Landscape Plan attached as Exhibit "D" to this Declaration. 2.06 "Half-Plex" shall mean a 2-Unit attached structure constructed upon 2 adjacent Lots that is comprised of 2 Units that are separated at the center of an air space that is, or shall be deemed to be, the common boundary line of the Unit notwithstanding that the center of such air space may not be exactly on the boundary line separating the Lot. 2.07 "Improvement" shall mean Structures, as defined herein, substantial plants such as trees, hedges, shrubs, bushes and major landscape of any kind. "Improvement' shall also mean any excavation, fill, ditch, diversion, dam or other thing or device which affects or alters the natural flow of surface or subsurface water from, upon, under or across any portion of the Project. "Improvement" shall also mean any public utility lines, conduits, conductors for gas, electricity, telephone, cable television, private conduits for sanitary sewer systems, and common concrete driveway facility including curbs, gutters, retaining walls, fences, drainage inlets and conduits. 2.08 "Lot" shall mean any parcel of land shown on the Map, including the legal re-subdivision of any such Lot into any additional parcel or parcels. q 2.09 "Map" shall mean that certain parcel map recorded }1tf}ljj;r;f be-u 1 0 , 199~ in book '1,;)/ of Maps, at Pag~ J 1 E::' ;).g in the Office of the County Recorder, Country of Santa Clara, State of California. A copy ofthe Map is attached as Exhibit "B" to this Declaration. 2 2.10 "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot. A "mortgagee" shall include the beneficiary under a deed of trust. 2.11 "Owner" shall mean the record owner, whether one or more persons or entities, including Declarant, holding a record fee ownership interest in a Lot. "Owner" shall not include persons or entities who hold an interest in a Lot merely as security for the performance of an obligation. 2.12 "Party Walls" mean any improvements that are constructed on the property line of any two adjoining Lots, a portion of which is located on each of the two adjoining Lots. 2.13 "Project" or "Property" shall mean the real property described on Exhibit "A" attached hereto, including any improvements erected thereon. 2.14 "Structure" shall mean any tangible thing or device to be fixed permanently or temporary to real property including, without limitation, any building, garage, driveway, walkway, concrete pad, asphalt, pad, fence, wall, pole, sign, antennae, sprinkling system, swimming pool, spa, tennis court or trash enclosure. 2.15 "Unit" shall mean any residential structure (including attached garage) which is built upon a Lot. SECTION 3: Architectural Control; Maintenance 3.01 General Limitation. Subject to exemptions described below, no Improvement may be constructed, erected, painted, altered in exterior design or color, on any portion of the Project without the prior written approval of the Association and as required by City regulations or by the Conditions of Approval. 3.02 Exemptions. Notwithstanding the Subsection above entitled "General Limitation", Association approval shall not be required for the following: a. Improvements constructed by, at the direction of, or with the approval of Declarant; b. Normal maintenance of exempt or previously approved Improvements; c. Repair or rebuilding of an exempt or previously approved Improvements; d. Changes to the interior of an exempt or previously approved Structure; e. Work reasonably required to be performed in an emergency for the purpose of protecting any person or property from damage. However, all such work shall be in accordance with all regulations administrated by City and with all Conditions of Approval. 3 3.03 Homeowners Association. a. Number and Appointment. The Association shall be composed of three (3) members. The initial members shall be appointed by Declarant. Declarant shall have the right to appoint replacements, at any time to the Association for a period of two (2) years from the date of recordation of this Declaration. Each member of the Association appointed by Declarant shall be appointed with reference to either Parcel A, Parcel B, or Parcel C, so as to allow for the removal of such member by the owner of such Parcel after the second anniversary of recordation of this Declaration as provided below. The Association members shall have the full authority to designate a successor in the event of death or resignation of a member, except for the power of the Declarant to appoint all members during the initial two-(2) year period. At any time thereafter, the owners of Parcels A, Band C, as shown on the Map, shall each have the right to appoint one (1) member of the Association; and the owner of each such Lot shall have the right to remove the member of the Association appointed with respect to such Lot. The initial Association shall be composed of Marko Duchich, Robert Schafer, and Jovan Vidovic. b. Duties. (1) The Association may adopt Architectural Control Guidelines ("Guidelines") as provided below and shall perform other duties imposed upon it by this Declaration or applicable law and regulations. (2) The Association shall provide for the maintenance of the Common Area, Party Walls and the common roof of the Half-Plex Units. (3) The Association shall maintain liability insurance on behalf of the owners as provided in Section 5.02(c). Such insurance shall name the City against liability arising out of any failure of the City to exercise its rights under Section 7.08 of this Declaration. c. Address. The address of the Association shall be determined by resolution of the Association. Such address shall be the place for the submittal of plans and specifications and the place where current copies of the Guidelines shall be kept. d. Guidelines. The Association may from time to time, adopt, or amend Guidelines prospectively. Said Guidelines shall interpret and implement the provisions of this Section by setting forth more specific standards and procedures for Association review. Any such adoption or amendment shall be in accordance with all regulations administered by the City and with all Conditions of Approval. 4 3.04 Standards. The following minimum standards shall apply to any Improvements constructed, painted, altered or changed on the Project: a. All Units shall have a minimum area as that depicted on the Map. b. All lots shall have a minimum of two enclosed parking spaces. All owners shall have the duty to at all times maintain all such enclosed parking spaces in such a manner so as to be continuously available for the parking of automobiles. All parking spaces identified as such on the Map shall be continuously accessible for guest vehicle parking. c. All exterior trim color shall conform to the color scheme initially established by the Declarant and the Association. 3.05 Review and Approval. In the event the Association fails to notify the applicant of the action taken by the Association within thirty-five (35) days after sufficient submission of an application, the application shall be deemed approved. 3.06 Inspection Non-compliance. The Association or any authorized representative shall have the right during normal business hours, after forty-eight hour (48) hours notice to the Owner thereof, to enter upon any portion of the Project for the purpose of determining whether or not any work is being performed or was performed in compliance with this Declaration and the Guidelines. If at any time the Association determines that work is not being performed in compliance with this Declaration and the Guidelines, whether based on a failure to apply for or obtain approval, a failure to comply with approval, a failure to timely commence or complete approved work or otherwise, the Association shall notify the Owner in writing of such non-compliance specifying the particulars of non-compliance, and requesting the Owner remedy such non- compliance within a reasonable and specified period. In the event that the Owner fails to remedy such non-compliance within the specified period, the Association shall have the right and duty to remedy the non-compliance in any appropriate manner permitted by this Declaration and the Guidelines or as otherwise permitted by law or in equity, including, but not limited to removing the non-complying improvement, completing the non-complying improvement, or recording a notice of non- compliance or non-completion on the property, as appropriate. The Owner shall have the obligation to reimburse the Association for any costs incurred in enforcing these prOVISIOns. 3.07 Maintenance Standards. Repairs and maintenance to be undertaken and performed by the Association as provided in Section 3.03.b.(2) of this Declaration include only such repairs and maintenance as shall be required to maintain and repair the said Common Area as originally constructed, provided that nothing herein contained shall prevent the Owners by unanimous agreement as to the respective Lots to cause improvement over and above 5 the maintenance and repair herein provided to take place. Any such over and above maintenance and repair shall be in accordance with all regulations of the City, the Conditions of Approval, the Guidelines, and the standards administered by the Association. 3.08 Liability. Neither the Declarant, the Association, nor any member of the Association shall be liable to any Owner or to any third party for any damages, loss, or prejudice suffered or claimed on account of: a. the approval or disapproval of plans, drawings, and specifications, whether or not defective, b. the construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications, c. the development of any property within the Project, or d. The execution and filing of a notice of non-compliance or non-completion pursuant to section 3.06, whether or not the facts therein are correct, ifthe Declarant, the Association, or such Association member has acted in good faith on the basis of such information as may be possessed by them. Specifically, but not but not by way of limitation, it is understood that plans and specifications are not approved for engineering design and by approving such plans and specifications neither Declarant, the Association, nor any Association member thereof, assumes liability or responsibility therefor, or for any defect in any Structure constructed from such plans and specifications. SECTION 4: Use Restrictions 4.01 Use of Lots. Any use of the land affected by this Declaration shall be in accordance with all regulations administered by the City and with all Conditions of Approval. No lot, or any portion thereof, shall be occupied and used except for the site of a single-family residence by the Owners, their contract purchasers, lessees, tenants or social guests. This Subsection is intended to exclude every form of boarding or lodging house, sanitarium, and hospital and the like. No trade, business, or commercial activity will be carried on or conducted upon any Lot, except as follows: a. Declarant, its successors or assigns, may use any Lot in the Project owned by Declarant for a model home site and displays and sales office during construction and until the last lot is sold by Declarant. b. This Subsection shall not prohibit home occupations so long as they are merely incidental to the use of the Lot as a Residence, are pennitted by the City and are conducted in such a manner as to not adversely affect other Owners' use and enjoyment of the Project. 6 4.02 Vehicle restrictions. No trailer, camper, mobile home recreational vehicle, commercial vehicle, truck (other than standard size pickup truck) inoperable automobile, boat or similar equipment shall be permitted to remain upon any area within the Property, except within an enclosed garage, other than temporarily, not to exceed forty-eight 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 be unobtrusive and inoffensive as determined by the Association. No noisy or smoky vehicles shall be operated on the Property. No off-road unlicensed motor vehicles shall be operated upon the Property. 4.03 Signs. No sign of any kind shall be displayed to the public view on or from any property without the approval of the Association except as follows: a. One sign of customary and reasonable dimension advertising a lot for sale, lease, rent, or exchange displayed from a lot; and b. Such signs as may be used by Declarant or its assignees in connection with the development of the Project and sale of Lots; and c. Guest parking signs as required by the Improvement plans approved for this Project. 4.04 Animals. No animals or birds of any kind shall be raised, bred or kept on any Lot or portion of the Property, except that usual and ordinary household pets such as dogs, cats, or birds may be kept, provided they are not kept, bred, or maintained for any commercial purposes, and they are kept under reasonable control at all the times. Notwithstanding the foregoing, no pets may be kept on the Property which result in an annoyance or nuisance to other Owners. 4.05 Trash: Storage of Materials. All garbage and trash shall be regularly removed from the Property, and shall not be allowed accumulate thereon. All garbage and trash shall be placed and kept in covered sanitary containers where it is not visible from any neighboring Lot 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 and the street. Garbage and trash shall be placed for pick up as required by the disposal service and any rules adopted by the Association. 4.06 Antennae: RoofProiections. No antennae, towers, aerials or other facilities for the reception or transmission of radio or television broadcasts or other means of communication shall be erected or maintained on any Lot except installations within Structures constructed on a Lot or by underground conduits. Not such item or equipment shall be erected or maintained upon the outside of any building on the Property unless the same has been approved in writing by the Association and the City of Campbell. 7 4.07 Design and Construction Restrictions. The construction of improvements on each Lot is subject to the "Guidelines", if any, as promulgated by the Association and to all regulations administered by the City of Campbell. 4.08 Building Location. No building shall be located on any Lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines as required by the City. 4.09 Window Coverings. Window shall be covered only by drapes, shades, or shutters and shall not be painted or covered by foil, cardboard, sheets or similar materials. 4.10 Clotheslines. No exterior clotheslines or other outside clothes drying or airing facility shall be erected or maintained in any location where the same would be visible from the street or neighboring Lot. 4.11 Maior Appliances. No major appliances, including, without limitation, clothes washers, clothes dryers, refrigerators or freezers may be kept, stored or operated on any balcony, patio, porch or other exterior area of any Structure or Improvement. 4.12 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 Association. 4.13 Nuisances: Offensive Activities. No noxious, illegal, or seriously offensive activities shall be carried on within any Lot, or in any other part of the Property, 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 Owner's Lot, or which shall in any way increase the rate of insurance for any other Lot (or Owner). 4.14 Temporary Structures. Structures which are temporary in character, including, without limitation, any trailer, tent, shack, garage, barn or other out-building, shall not be used as a Residence on any Lot at any time; provided, however, that a. Declarant reserves the right to construct and maintain temporary buildings, structural and vehicles on the Property in connection with the construction and administration of initial Improvements; and b. This subsection shall not be construed or interpreted to prohibit the erection or construction of structures permitted pursuant to Section 714.5 of the Civil Code of the State of California. 4.15 Sports Fixtures. No basketball standards, hoops, backboards, or other fixed sports apparatus shall be attached to any Unit or structures or erected on any Lot without the prior approval of the Association. 8 4.16 Owner's Maintenance Obligation. Except for any Common Area, or otherwise provided for in this Declaration, each Owner shall be solely responsible for maintaining in good condition and repair his Unit and Lot, and all improvements and landscaping thereon. Any such maintenance or repair shall in conformance with all regulations of the City, the Conditions of Approval, the Guidelines, and the standards administered by the Association. If an Owner fails to maintain his/her Unit and Lot as provided herein in a manner which the Association reasonably deems necessary to preserve the safety, appearance and/or the value of the project, the Association may notify the Owner of the work required and request that it be done within a reasonable and specific period. Ifthe Owner fails to perform such maintenance and/or repairs within said period, the Association shall have the right to enforce compliance in accordance with Section 7.07 of this Declaration. 4.17 Common Roof of Half-Plex Units. a. Routine Repair and Maintenance. Each Owner shall perform routine maintenance and minor repair of the potion of the Common Roof that is within his Lot at his own cost as long as such maintenance and repair does not extend into the portion of the Common Roof that is within the contiguous Unit that shares the use of such Common Roof. Any routine repair and maintenance that extends into the Common Roof of both Units of a half-Plex shall be performed by a licensed contractor mutually acceptable to both Owners and the cost of such work shall be allocated to the Owners who share the use of such Common Roof in the manner set forth below for the allocation of costs and expenses unless otherwise agreed to by both such affected Owners. b. Maior Damage or Destruction. In the event that the entire Common Roof is substantially damaged or destroyed, or requires repair or replacement in excess of normal maintenance, the Owners who have the use of such Common Roof shall cause such Common Roof to be repaired or replaced as necessary. In the event that such Owners are unable to reach agreement on effecting such repair or replacement of the Common Roof on matters such as the choice or contractor, cost, design, roofing materials, or colors, then the matters shall be determined by the Association. c. Allocation of Costs and Expenses. The costs and expenses in connection with the repair and replacement of a Common Roof shall be allocated to a Unit on the basis that gross square footage of the Common Roof with respect to such Unit, bears to the square footage of all of the Common Roof of the half- Plex. 9 4.18 Exterior Maintenance of Half-Plex Units. a. Maintenance Re~ponsibility. Each Owner of a Unit shall perform the routine maintenance and repair, to include the exterior painting thereof, of that portion of such Unit that is within his Lot. Any such maintenance and repair shall conform with all regulations and conditions ofthe City, the Conditions of Approval, the Guidelines, and the standards administered by the Association. b. Reconstruction a Unit Any reconstruction of a Unit that is not reconstructed in the style as originally constructed by Declarant must have the approval of both Owners of the half-Plex, and the Association. 4.19 Damage or Destruction. The Owner of any Unit that has been damaged or destroyed by fire, casualty or any other reason to the extent that such damage or destruction is detectable or visible from the exterior of the Unit or that affects or impacts the use and enjoyment ofthe other Unit that is within the half-Plex in which the damaged Unit is located shall commence the repair or reconstruction activities as soon as practicable. Such Owner shall commence and prosecute to completion as soon as reasonably possible any emergency repair involving potential danger to life or property or as necessary so as not to deprive the other Owner whose Unit is located within the half-Plex in which such damaged Unit is located with the use of his Unit. In the event that the owner of a damaged or destroyed Unit within two (2) months from the date of the date of the damage or destruction has failed to commence such reconstruction and to diligently prosecute such reconstruction, such owner must, within such two-month period of time, restore the Lot to a clean and presentable condition. Any Owner who has commenced the repair and reconstruction of any damaged or destroyed Unit must diligently prosecute such repair and reconstruction to completion. 4.20 Willful or Malicious Damage of Half-Plex Units. In the event that any portion of a Common Roof, or any other portion of a Unit has been damaged or destroyed by the negligent or malicious conduct or omission of one of the Owners who shares the use thereof, his family, guests, employees, tenants, or agents, such Owner shall be responsible for the cost of repairing such damage. Any increase in insurance payable by an Owner that is a direct result of damage by any such negligent or malicious act or omission of a particular Owner, or any of such Owner's family, guests, employees, tenants, or agents, shall also be paid by such Owner. 4.21 Treatment for Wood-destroying Pests for Half-Plex Unit a. Temporary Relocation. If it becomes necessary to institute any treatment for wood-destroying pest or organisms that require that a half-Plex be vacated in any period of time, both Units within such half-Plex shall be vacated during the period of the treatment so that the half-Plex can be promptly and effectively 10 treated. Each Owner will be responsible for the temporary relocation of the occupants of such Owner's Unit during the period of any such treatment. b. Procedure for Instigating Action. Any Owner of a Unit in a half-Plex may initiate the procedure for effecting any treatment for wood-destroying pests or organisms the cost of which is to be shared by the Owners of both of the Units within a half- Plex by providing written notice of such action to the Owner of the other half- Plex. A written notice in connection with the treatment of wood-destroying pests or organisms shall be given not less than fifteen (15) days nor more than thirty (30) days prior to the date on which the Unit must be vacated and shall include a copy of notice issued by a licensed pest control operator evidencing the need for such treatment, the date and time that the treatment is to commence and the time of the termination of the treatment. c. Cost. The costs and expenses in connection with the treatment for wood- destroying organisms shall be allocated to a Unit within the half-Plex in the proportion that the gross square footage of floor space of such Unit (including garages) bears to the total gross square footage of floor space of both of the Units (including garages) within the half-Plex. SECTION 5: Covenant for Maintenance Assessments 5.01 Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned with the Project, hereby covenants, and each owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with any late charge, interest, collection costs and attorneys' fees, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorneys' fees, shall also be the personal joint obligation of both the person who was the owner of such Lot at the time when the assessment fell due and his grantee. The grantee shall be entitled to a statement from the Association as to any outstanding delinquent assessments and shall be entitled to rely upon his statement. The grantee shall be allowed to recover from his grantor any delinquent assessments unpaid at the time such grantee acquires title in the Lot. 5.02 Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the properties and for the improvement and maintenance of the Common Area, and the improvements and personal property in the Common Area that are owned or maintained by the Association as set forth in this Declaration, and to further any other purpose that is for the common benefit of the Owners in their use and enjoyment of the Property. 11 . . Annual assessments shall include, but not be limited to, and the Association shall acquire and pay for out of the funds derived from said annual assessments the following: a. Water, electrical, lighting, gas and other necessary utility service for the Common Area. b. Maintenance and repair of storm drains, sanitary sewers, landscaping (including planting and irrigation) and private driveways lying within the Common Area. c. Liability insurance insuring the Owners against any liability to the public or to any Owner, their invitees or tenants incident to their occupation and/or use of the Common Area in a combined personal injury and property damage coverage of liability not less than $1,000,000.00 for each occurrence (such limits and coverage to be reviewed at least annually by the Association and increased in its discretion). d. Workers' Compensation Insurance to the extent necessary to comply with any applicable laws, and other insurance deemed necessary by the Association. Each annual regular assessment shall include a portion for reserves in such amount as the Association, in its discretion considers appropriate to meet the cost of the future repair, replacement, or additions that the Association is obligated to maintain and repair. Reserve funds shall be deposited in a separate account, and the signatures of at least two persons who shall be Members of the Association shall be required to withdraw money from the reserve account. Reserve funds may not be expended for any purpose other than the repair, restoration, replacement, or maintenance, or litigation involving the repair, restoration, replacement, or maintenance, of items that the Association is obligated to maintain. 5.03 Maximum Monthly Assessment. Not more than ninety (90) days nor less than sixty (60) days before the beginning of each calendar year, the Association shall meet for the purpose of establishing the regular annual assessment for the forthcoming fiscal year. After making any such adjustments that the Association considers appropriate, the Association subject to the restrictions described in this provision and without the requirement for a vote of the Owners, shall establish the regular annual assessment for the forthcoming fis~al year. The regular annual assessment shall be paid ratably over the calendar year.--, 5.04 Special Assessments. Subject to the restrictions described herein, the Association may levy a special assessment if the Association, in its discretion, detennines that the Association's available funds are or will become inadequate to meet the estimated expenses of the Association, including the maintenance of appropriate reserves, for a particular year for any reason, including, but not limited to, unanticipated delinquencies, costs of construction, unexpected repairs or replacements of capital improvements or 12 otherwise. The Association shall determine the amount necessary to meet the estimated expenses, and if the amount is approved by a majority vote of the Association, it shall become a special assessment without the requirement of a vote ofthe Owners. The Association, in its discretion, may levy the entire assessment immediately or levy it in installments over a period it considers appropriate. The Association may impose a monetary penalty and levy a special assessment against a particular Lot to reimburse the Association for costs incurred in repairing damage to the Common Area, or any improvements or personal property located thereon, for which the Owner was allegedly responsible, or in bringing the Owner or the Owner's Lot into compliance with this Declaration, provided, however, notwithstanding the provisions of Section 5.08, this special assessment may not become a lien against the Owner's Lot that is enforceable by a power of sale under Civil Code SS2924, 2924b, and 2924c. 5.05 Uniform Rate of Assessment. Both annual and special assessments must be uniform and may be collected on a monthly basis; provided, however, that special assessments levied against a particular Lot for costs incurred in bringing the Owner of the Lot into compliance with this Declaration shall not be subject to this allocation rule. 5.06 Due Dates; Late Charges; Interest. At least ten (10) days prior to the commencement of any regular or special assessment, the Association shall give each Owner written notice of the amount of the assessment and the due date. The notice need only be given once for any assessment paid in installments. Any assessment payment, including any installment payment, shall become delinquent if payment is not received by the Association within fifteen (15) days after its due date. There shall be a late charge of six percent (6%) or Ten Dollars ($10.00), whichever is greater. A late charge may not be imposed more than once on any delinquent payment, but it shall not eliminate or supersede any charges imposed on prior delinquent payments. Interest also shall accrue on any delinquent payment at the rate often percent (10%) per annum. Interest shall commence thirty (30) days after the assessment becomes due. 5.07 Transfer of Unit by Sale or Foreclosure. The transfer of a Unit as a result ofthe exercise of a power of sale or a judicial foreclosure involving a default under the first Mortgage shall extinguish the lien of assessments which were due and payable prior to the transfer of the Unit. No transfer of a Unit interest 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 thereafter becoming due or from the lien thereof. 13 5.08 Priorities: Enforcement: Remedies. The Association may impose a lien against the Owner's Lot for the amount of the delinquent assessment or assessments, plus any costs of collection (including attorneys' fees), late charges, and interest by taking the following steps: a. The Association shall notify the Owner in writing by certified mail of the fee and penalty procedures of the Association and shall provide an itemized statement of the charges owed by the Owner, including items on the statement that indicate the principal owed, any late charges and the method of calculation, and any attorneys' fees. b. After compliance with the notice requirements of subparagraph (a), the Association may impose a lien against the Owner's Lot in the amount of the delinquent assessment or assessments, plus costs 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 interest in the Project against which the assessment(s) and other sums are levied, the name of the record owner of the Owner's interest in the Project against which the lien is imposed, and, if the lien is to be enforced by non-judicial foreclosure, the name and address of the trustee authorized by the Association to enforce the lien by sale. A copy shall be mailed in the manner required by Civil Code Section 2924b to all record owners of the Owner's interest in the Project no later than ten (10) days after recordation. Any payments made on the delinquent assessment(s) shall be applied first to the principal owed, and only after the principal owed is paid in full shall payments be applied to interest or collection costs. On payment of the sums specified in the notice of delinquent assessment, the Association shall cause to be recorded with the Santa Clara County Recorder a notice stating the satisfaction and release of the lien thereof. After the expiration of thirty (30) days following the recording of the assessment lien, theAssociation may enforce any assessment lien established under this section 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 non-judicial foreclosure, by recording a notice of default in the fonn described in California Civil Code S2924c(b )(1) to commence a non-judicial foreclosure. Any non-judicial foreclosure shall be conducted in accordance with the requirements of Civil Code 9S2924, 2924b, 2924c, 2924f, 2924g, 2924h, and 2924j that apply to non-judicial foreclosures of mortgages or deeds of trust. The sale shall be conducted by the Trustee named in 14 the notice of delinquent assessment or by a Trustee substituted in accordance with the provisions of Civil Code s2934a. If the default is cured before the sale, or before completing a judicial foreclosure, including payment of all costs and expenses incurred by the Association, the Association shall record a notice of satisfaction and release of lien, and, on receipt of a written request by the Owner, a notice of rescission of the declaration of default and demand for sale. 5.09 Mortgage Protection. The lien of the assessments provided for herein shall be subordinate to the lien of any first Mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to Mortgage foreclosure shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. 5.10 Compliance with Declaration. Each Owner, contract purchaser, lessee, tenant, guest, invitee, or other occupant of a Lot shall comply with the provisions of this Declaration. SECTION 6: Ownership and Easements 6.01 Ownership of Lots. Title to each Lot in the Project shall be conveyed in fee to an Owner. If more than one person and/or entities owns an undivided interest in the same Lot, such persons and / or entities shall constitute one Owner. Each Lot shall be subject to the easements described in Section 6.03, below. 6.02 Party Walls. The following provisions shall apply with regards to Party Walls in this development: a. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the Lots shall constitute a Party Wall, and, to the extent not inconsistent with the provisions of this Section, the general rules of law regarding Party Walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. b. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a Party Wall shall be shared equally by the Owners on each side of the Party Wall. c. Destruction by Fire or Other Casualty. If a Party Wall is destroyed or damaged by fire or other casualty, the owner on either side of it may restore it, and that other owner shall contribute one-half of the cost ofrestoration, without prejudice however, to the right of any such Owners to call for a larger contribution from the 15 others under any rule oflaw regarding liability for negligence or willful acts or omISSIOns. d. Weatherproofing. Notwithstanding any other provision of this Section, an Owner, who by his negligent or willful act causes the Party Wall to be exposed to the elements, shall bear the whole cost of furnishing the necessary protection against such elements. e. Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successor in title. f. Arbitration. If any dispute arises concerning a Party Wall, or under the provisions of this Section, such dispute shall be resolved by the Association. 6.03 Easements. Each of the easements reserved or granted herein shall be deemed to be established upon the recordation of this Declaration, whether or not they are set forth in the grant deeds to Lots, and shall thenceforth be deemed to be covenants running with the land for the use and benefit of the Owners and their Lots superior to all other encumbrances applied against or in favor of any portion of the Project. a. Easements On Map. The Lots are subject to the easements and rights of way shown on the Map. b. Additional Easements. Notwithstanding anything expressed or implied to the contrary, this Declaration shall be subject to all easements granted by Declarant for the installation and maintenance of utilities and drainage facilities necessary for the development of the Project. c. Storm Drains. There are reserved and granted for the benefits of each Lot, as dominant tenement, over, under, across and through the Project, as the servient tenement, non-exclusive easements for surface and sub-surface storm drains and the flow of storm waters in accordance with natural drainage patterns and the drainage patterns and improvements installed or constructed by Declarant. d. Party Fences. Each Owner of a Lot containing a party fence and the Lot upon which such part fence is located shall have a reciprocal easement over and across such portions of the contiguous Lot as is necessary to maintain such fence. e. Driveway Easement. Each Owner shall have and enjoy a non-exclusive easement and right to use the driveway shown on the Map for ingress and egress by vehicles and pedestrians and to use the designated guest parking spaces for the specified purpose of guest parking only and for a term not to exceed 72 hours. Each Owner 16 shall have the right to install, maintain and replace as necessary utilities, pipes, lines, wires, and conduits which serve that Owner's Lot; provided, however, each owner shall repair and damage to the surface to the drive way resulting from the Owner's installation or repair of such pipes, lines, wires or conduits. The rights created by this section shall be appurtenant to the interest of the Owner in the Lot and shall pass to successor Owners of the Lot. 6.04 Half-Plex Easements. a. Support. Settlement and Encroachment. (1) Structures. There is hereby reserved to Declarant, together with the right to grant and transfer same, easements over each Lot for (i) support, the accommodation of the natural settlement or shifting of any portion of the improvements and for the maintenance thereof, and (ii) minor encroachments by reason of any roof or eave overhang from a Unit and for the maintenance of such roof or eave overhang by the Owner of the dominant tenement for as long as such encroachment exists also applies to the Unit within a half-Plex and for the Party Wall that separates the Units of the half-Plex. (2) Common Roof and Common Foundation. There is hereby reserved to Declarant, together with the right to grant and transfer same over each Lot, an easement for the support, settlement and encroachment of the Common Roof and the common foundation that is within his Lot and neither Owner who shares a Common Roof and common foundation shall use any portion thereof with the use any portion thereof so as to interfere with the use and enjoyment of the other Owner who shares the use thereof. b. Drainaf?:e. There is hereby reserved to Declarant, together with the right to grant and transfer same, an easement over the Common Roof of a Unit for surface drainage which easement shall be appurtenant to the Unit within such half-Plex receiving the benefit thereof. c. Ingress a!1d Egress. There is hereby reserved to Declarant, together with the right to grant and transfer same, an easement over each Lot that contains a portion of a half-Plex for reasonable ingress and egress for the repair and maintenance of the Common Roof and half-Plex as set forth above, which easement shall be appurtenant to and for the benefit of the contiguous Lot that shares the use ofthe half-Plex. d. Indemnity. Each Owner who acquires the easement rights described in the Subsection entitled "Half-Plex Easement" (the "Benefitted Property Owner"), by 17 the acceptance of the conveyance of such Lot, agrees that he shall indemnify, protect, defend and hold harmless the Owner of the contiguous Lot that shares the half-Plex of such Owner (the Burdened Property Owner") from and against any and all claims, obligation, expenses, liabilities or costs including but not limited to attorneys' fees, for property damage or bodily injury, sickness, disability, disease, or death of any person or persons arising directly or indirectly from the use of the easements caused in whole or in part by Benefitted Property Owner, his employees, contractors, or agents, except to the extent that such claim obligation, expense, liability or cost arises out of the willful or negligent acts or omissions of Burdened Property Owner. Each Burdened Property Owner of a Unit encumbered by the easement right described in the Subsection entitled "Half-Plex Easements" agrees to indemnify, protect, defend and hold harmless the Benefitted Property Owner receiving the benefit of such easement, from any against any and all claims, obligations, expense, liabilities and costs, including, but not limited to, attorneys' fees, for property damage and bodily injury, sickness, disability, disease or death of any person arising directly or indirectly from interference with the Benefitted Property Owner, its employees, contractors or agents, except to the extent such claim, obligation, expense, liability or cost arises out of the willful or negligent act or omission of such Benefitted Property Owner. SECTION 7: General Provisions 7.01 Term. The declarations, covenants, conditions, recitations, limitations, and easements of this Declaration shall run with and bind with the Property, and shall insure to the benefit of and be binding on the Owners of any Lots, 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 Subsection below entitled, "Amendment; Revocation", they shall be automatically extended for successive periods of 10 years. 7.02 Notices. Notice provided for in this Declaration and the Guidelines shall be in writing and shall be deemed sufficiently given when delivered personally or within seventy-two (72) hours after deposit in the United States mail, postage prepaid, addressed to an owner at the last address such Owner designates to the Association for delivery of notices, or in the event of no ~uch designation, at such Owner's last known address, or ifthere be none, at the address of the Owner's Lot. Notices to the Association shall be addressed to the address designated by the Association by written notice to all Owners. 18 7.03 Amendment; Revocation: Until conveyance of the first Lot, Declarant shall have the unilateral right to amend or revoke this Declaration. After the first conveyance of a Lot, this Declaration shall be a. amended only upon the written approval of the then record Owners of at least sixty-six and two-thirds percent (66-2/3%) of the Lots, or b. revoked only upon the written approval of the then record Owners of at least seventy-five percent (75%) ofthe Lots. If co-owners of a Lot are unable to agree among themselves as to how their vote shall be cast in the manner addressed in this Subsection, they shall forfeit the vote on the matter in question. If only one Owner exercises the vote of a particular Lot, it shall be conclusively presumed for all purposes that he was acting with the authority and consent of all other Owners of the same Lot. An amendment or revocation shall be effective when it has received the required percentage approval and has been recorded in the Office of the Country Recorder. 7.04 Severability. Should any provision or portion of this Declaration 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 of this Declaration shall remain unaffected and in full force and affect. 7.05 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. 7.06 Right of Access and Completion ofConstmction. Declarant, its contractors and subcontractors shall have the right to (i) obtain reasonable access over and across the Project and/or do within any Lot owned by it whatever is reasonably necessary or advisable in connection within the completion of the Project and (ii) erect, construct and maintain within any Lot owned by it such stmctures as may be reasonably necessary for the conduct of its business to complete the work, establish the Project as a residential community and dispose of the Project in parcels by sale, lease or otherwise. 7.07 Enforcement. The Association or any Owner shall have the right to enforce compliance with the DeclarCl,tion in any manner provided by law or in bringing an action for damages, an action to enjo-in the violation or to specifically enforce the provisions of the Declaration, and to enforce the collection of money for the maintenance and repair of the Common Areas. In the event the Association or any Owner shall employ an attorney to enforce the provisions of the Declaration 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 be any other Owner or Association pursuant to authorization contained in the Declaration. All 19 enforcement powers ofthe Association or any Owner 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 ofthe right to do so thereafter. 7.08 The Declarant expressly names the City a Third Party Beneficiary of the benefits and obligations created by this Declaration. The City therefore has the right, but not the duty, to enter upon the Properties described in "Exhibit A", after reasonable notice to the affected Owner(s) and after giving an opportunity for a hearing, to make or cause to be made any repairs or engage in any maintenance necessary to abate any nuisances or health hazards, or to remedy the violation of any condition of approval of Planned Development Permits PD 97-05 and PD 97-09 and where appropriate, to assess the parcel Owners for any such repair and maintenance in accordance with the terms and provisions of this Declaration. The Owners agree to indemnify and hold the City free and hannless ofloss, cost damage, and liability on account of the failure of the City to exercise its rights hereunder. IN WITNESS WHEREOF, Declarant has executed this Declaration. Dated: September 1. ~ 1999 1725 BUCKNALL PLACE LLC By: n ^^-. ~ ,JJ ,-<,., ~, e;J~ , MARKO DUCHICH,Member \ -R.tJ 1it ROBERT C ER, Member By: By: "4~ V'~C JOV AN VIDOVIC, Member o::-+;. C:\WPDATA\PAKI29937 revLPAK\wc 20 All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: Beginning at an iron pipe on a line parallel with and distant 22 feet at right angles Southerly from the Northerly line of Bucknall Road, 40 feet wide, and distant thereon South 880 29' West 1205.10 feet from a one-inch pipe at the intersection thereof with the Westerly line of the San Tomas Aquino Road, 40 feet wide, said point of beginning also being the Southwesterly corner of that parcel of land conveyed to Raymond A. Metzger, et ux, by Deed recorded July 14, 1955, Book 3224, Official Records, Page 423, Santa Clara County Records; thence along the Westerly line of said parcel conveyed to Raymond A. Metzger, et ux, North 0009' East 200.00 feet to the Southwesterly corner of that certain parcel conveyed to George H. Padelt, et ux., by Deed recorded August 27, 1957, Book 3876, Official Records, Page 178, Santa Clara County Records; thence along the Southerly line of said parcel conveyed to George H. Padelt, et ux., and parallel with the Northerly line of said parcel conveyed to Raymond A. Metzger, et ux., North 87030' East 73.43 feet; thence parallel with the Westerly line of said parcel conveyed to Raymond A. Metzger, et ux., South 0009' West 201.56 feet to an iron pipe on said line parallel with the Northerly line of Bucknall Road; thence along said parallel line South 880 29' West 73.38 feet to the point of beginning, being a portion of the Quito Rancho and also being a portion of that certain 0.742 of an acre parcel of land shown on the map of Records of Survey of a portion of the land of Ray Metzger, which map is on file in the office of the Recorder of the County of Santa Clara, State of California, in Book 61, of Maps, Page 11. ~ -1r:,. EXHIBIT II A" .........-. . w > <( ....J 8 ....J I W ",::I co el~ N a.. o a ,. -" ~ ~lil'" ~ ~ALE:l'-20' ~ow <( :d~ 0 .."'z I W rHO 3/4'I'P'I~ . > ~O:~~~~"HO TAC SA~ TOM. A~ AQUI~O ROA!>_ a: F N 0" 09' E 1396,69' o ~;:o ~ '0' 09' E 1396,70' <C .... ..~~O . O:w I '2;0 w I rHO 3/4' I.p, IN WOHUWEHT. WHITWOOD I ...: z sox, TAGGED RCE 8718 . ~ !"t~<(~I.- - - --A~ (-;-,0,12') <310~O'-;-; a: ~-~ V310,'~ ~ a.. ~:: I " 3: t., ~ r:: ,'. ~.. ~) fH . .. REf! 'i? @ @ @!] o @ ~ [? [)@OO~@ooO&OO @ .1POO@~OO'ii'O ~ [? , . '.' :;~~. ;-'" 39,06' @OO&I?~O@lIiJ& N O' 09' E 201.26 N O. 09' E 171.26' -----~.20'------ INGRESS EGRESS EASEMENT / LANDSCAPE EASEMENT A~~A~~~O~O DAe. P.S.E. / P,S.S.E. (2626 ..f.) N 0" 09' E 119.60' , 53.50' 46,10' _ t<') ~I t<') "I ~\ t<') . I ~I :z @!] @!] [!@ @!] o @ ~ ~ (@ [? 55,67' ;" ;" .= .., .,; .., .,; 00 PARCEL B 00 PARCEL C AREA=0.073 Ac. AREA=O,064 .I.e. !oJ (3.175 ..f.) !oJ (2.787 ..f.) ;; < 00 , '" '" CD CD lit lit 53.50' 47.83' ----- ----- N O. 09' E 170.00' rND 3/4' 200.00' NO TAG N 0.04'. E PARCEL A AREA=0.090 Ac. (3,928 ..f.) ~~ lJ~@lJ OO@O @@@@ AREA DEDICATED TO THE: CITY or CAt.lPBELL I [)@~@OOO&OO I m@~00'U'0~ ~@~Iml@ OOW/tOO@' . ~OOO\Wl1t[!, lm}{]@oo&'~&J!;!JO @@~~lIiJ[j{]&,@&OO rniJ&[1, @)M~ @@M~OO 00l}{)@@~@ @M@'i?~@@lIiJ o I o I rHO 3/4" I.P. IN 1I0NUIIENT . w FX' TAGGED RCE 8718 ~ Z _ _ _ ----A~.~' ~50~2!. I~ I V FULTON S' . 3:..1 PARCEL MAP OF THE lANDS OF DUCHICH, VIDOVICH AND SHAFER CONSISTING OF TWO (2) SHEETS BEING A PORTION OF THE FORMER LANDS OF RAY METZGER AS SHOWN ON THAT CERTAIN MAP ENTITLED RECORD OF SURVEY RECORDED IN BOOK 61 OF MAPS PAGE:11, SANTA CLARA COUNTY RECORDS SCALE: 1" = 20' DECEMBER 1998 STEVEN A. ARNOLD CIVIL ENGINEER SAN JOSE, CA. , S 88' 29' W 5.00' ~ !"NO 3/'- I.P.. 110 TAC, III _ _ " SQUARE CAST _ l/OHtJWEHT BOX -- ~ \\ 7 ~ ^~ ~ i-1NN W1 coif) I() .n ~~~ Ie ",,,,", \ v~ ^ .~ ---- If) ~o BRASS w..ARXER DISX WITli ~ :rERENCE WAIlX III WOIlUwENT BOX '" ..^_ v ~q~ ~ ..-:,.. ~ "'N to"J CD Nve I CI:l ~RE~~::~~R~~~W~80X p~STON ~RIVE. ~ ~ ~ y I .... Ct: I i ci I 1.....-2~~~_l~_~2~0~_ I 30.00' ~7 8 ~ ~ 0 I ~ <( I I ~ ci 0 I ~ ~ a: '0 2 \ : ..ANE 0.00' . ~ I 1;2 I ~ I I V'I~I [) ~ . I ~~ ~ I g I~~ ~ . I LEGEND --' --' <( ",Z I ~ ~. I co : 0 I 3~~'_~ ~2~~~.:--1 -1 ~\." 1 c! ~ '\''''' I", : ., I - ~I~ ~ I ~I~ I ,....,u u R/w .. RJw ----Ji DISTINCTIVE BORDER PROPERTY LINE CENTERLINE INDICATES IRON .PIPE rOUND AS NOTED INDICATES 3/4" IRON PIPE SET & TAGGED RCE 22301 . INDICATES MONUMENT BOX rOUND AS NOTED TRACT No. 8922 687 M 23 TRACT No. 6998 474 M 41,' 42 TRACT No. 2991 142 M 4 'RECORD or SURVEY 61 M 11 "{., TRACT No, 2552 111 M 9 PARCEL MAP 629 M 16, 17 DEED 3876 O.R. 178 DEED K650 O.R, 1079 . o CD (Rl) [R2] <R3> IR41 IIR511 R6 R7 :R8: 0.42' BASIS Of BEARINGS THE BEARING, SOUTH 88.29' WEST or THE CENTERUNE OF BUCKNALl ROAD AS SHOWN ON THAT CERTAIN RECORD or SURVEY RECORDED IN BOOK 61 or IoIAPS AT PAGE 1" SANTA CLARA COUNTY RECORDS, AND AS FOUND 1oI0NUt.lENTED. WAS TAKEN AS THE BASIS or BEARINCS SHOWN ON'THIS IoIAP. rHO 3/.. I.P.. 110 TAC IN WOHUUO/T BOX fREET " SHEET 2 Of" 2 I I I I I ,-1 5 Od 0'1' Y'1 ~~ '-"~"-"l , , I . LOC^T1aN OF (4J 'I l'V\TE'" ~ ~: () i; 1'< FR.?posro Gl.~ , ~ ^NO 6'.JTTER ~ i ~ cO'~ \S)'~ ,~ r *:11 en \l r-' ,,~ ~... 0;.' . ~IVEi"l"'!" j -- 01 ;22'-0' SEE LA~A"!: P:-A~ G T\lAl. 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'~:...' , " Cl :::""', J~ I I ~ : : : ' , ' , ' : ' ! ~ ,....;.-L; J o 4 200,0' N Od 0"1' E ~'OJ:' FORA AA~ SITE PLAN ~ ,/4. r.'<O(;6HT IRON FROM 2x'0 ~ ~ SECTIC 3'-0" FENCE DETAIL I" . 1'-0" .. P\.u.... .....'.1)01', r L. ~ll.DING trt ANDSCAPING PLAN +-' U (1) ~ J: o ~ <(ceo .,.. <l: 0 ..L. 0 0 uo:~ a: ..J <l: _..Ju m;2~ UJ ~ ..J u..J z::>~ Z co 0.. >-~:: ...J r-. ~ ....U z <( .....I ,0- (!) Z i= z <( ...J 0- --I I I Q I 4: g , j .J \ -1 <: "!- ..Y. 3 j I d) \ 1 rl"'\ :.I)" \",IJ. ~ ~ ~~ ~: ~ - ;! U i!; ~ ~ .,'. ~ - ~ ~ t O <':"7 ~i; r-- r-- ~ ~ t r-r. ~,t:.: 1.~1 ~ :.;::~ .t~ "x ,i: \ . , :.r. II 0 t ~; Z .~~ Ii! r~~~: iH "'-' -:r.~ 2i~ ~ H~ 00 z~ Hi r__" >< ;Ii ~ <~ :l! ~ . 1,1 !. 1 . .J~ Dale: Drllwn b)': Re,.ised: €:._ Sc~k: tiS' = ,'. O. She~1 :\'ullIh<:r: EIHlsrr ,. :D '." :."." ", '.~". .,; " ...:, .... -," ~ ~'" A A. eUILPIMS ~C" :r.. ?\-Ut'\ . eo IL.OIN$ ~ I I. &:\'u""\ . , c COMMONLY MAINTAINED L , " . ., .... EXHIBIT ]) I... .. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ';(':. @ ~ ~ ~ ~ @ ~ ~ ~ ~ ~ ~ ~ R ~. ~; ~ 2 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ B ~ ~ ~ g ~ I .~ I State of California County of ~-:/~ t2/A./LtL--' } 55 o~ c>!d//1t??, before me, Date '. Name ana Tit of Officer (e.g., .Jane personally appeared ~ ,;(fktL4./.fih Name(s) of Signer(s) C personally known to me gJ proved to me on the basis of satisfactory evidence I.-~=,ft I _Nk-caIkmIa · Santa CkI'a County - , ~- -~~~~:~I to be the person(~ whose name(\) is/~ subscribed to the within instrument and acknowledged to me that he/3ho/the.y executed the same in hisfftor/th9i~ authorized capacity(4esj, and that by his/hcr/thoiF signature(~ on the instrument the person(~. or the entity upon behalf of which the person(~ acted, executed the instrument Piace Notary Seal Above I ~mY hand an OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Capacity(ies) Claimed by Signer /f} _ / _ /. Signer's Name: >?t:~h-et? ~ ;!J. Individual" o Corporate Officer"'::"'" Title(s): :7 Partner - C Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: . Top of thumb here Signer Is Representing: -~ @ 1997 National Notary Association. 9350 De Soto Ave.. P.O. Box 2402 . Chatsworth, CA 91313-2402 -:;'::J Prod. No. 5907 Reorder: Call TolI.Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~ - ~ ~ ~ ~ ~ ~ ~ ~ - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - - - - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ State of California County of ~ &~ . }ss , before o A, d rUt /f1f p(~ Date personally appeared r'" I ~ ~ ~ ~ ~ j ~ ~ ~ ~ ~ ~, ~ ~ ~ ~ ~ I ~ J~.! C,apacity(ies) C91 ~ed by Signer/. .1- . Signer's Name: ~ ~/'./ j$llndividual- .'" ~ 0 Corporate Officer.::..... Title(s}: ~ ~ Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: o p-ersonally known to me ~roved to me on the basis of satisfactory evidence J.-"--~=-f ~ Notay PubIJc - CafIfania I t Sarrto CkJra CCM1ty f ' ---~~~~:~ to be the person~ whose nameN isfa.Fe..-. subscribed to the within instrument and acknowledged to me that he/~ho.'th9Y executed the same in his/Rcr/tl9~r authorized capacityftee'}, and that by his/Mer/thoir signature(~) on the instrument the person(s}, or the entity upon behalf of which the person(~ acted, executed the instrument WITNESS my hand and official seal. ~ I ~ Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Title or Type of Docu nt: 9t- Document Date: Signer(s} Other Than Named Above: . Top of thumb here Signer Is Representing: ~~ ~ - ~ ~ - ~ - ~ ~ ~.~ - - - - - - - - - - - - - - - @ 1997 National Notary Association' 9350 De Soto Ave., P.O. Box 2402 . Chatsworth. CA 91313-2402 ~ ~ - ~ ~ ~ ~. - ~ ~ ~:)'- Reorder: Call Toll-Free 1-800-876-6827 Prod. No. 5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~. ~ I I ~ ~ ~ ~ ~ ~ ~ @ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ @ ~ I' I I' State of California County of 4rz?k tt/1A-11--' .:Y.' } 55 '\ On &r d:!/ /tJ~/before e , Date ~ Name and It of Officer (e.g., .Jane D personally appeared LA ./-kC xt:-M~ ' ame(s) of Signer(s) ~ersonally known to me ~roved to me on the basis of satisfactory evidence I---'---'-'-~-"'- MARLENE Ie. POMEROY - a Commission ## 1218428 J I Notay Public - Carlfanla I j Sanfa Claro County f MtComm. &pres f.Ict 6. 2m . ----------------- Place Notary Seal Above to be the person~ whose nameN is/aFe-- subscribed to the within instrument and acknowledged to me that he/st::Jo/thoy executed the same in his/her/their authorized capacityfie5}, and that by his/Rer/their signature(s..) on the instrument the person~ or the entity upon behalf of which the person('s1. acted, executed the instrument WITNESS my hand and official seal. ~ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. De5criPtionOfAtlaCe~__~ Title or Type pJ DOCJ:lment' ~. 0/ ~~ V -e!.€.. a DocumentDate:4~. 02.;2/ /?~f Numbe of Pages: d~ Signer(s} Other Than Named Above: C,apacity(ies) Cla~~gner ~.~ Signer's Name:. 4~ 'b!r' Individual' --, .- D Corporate Officer::"- Title(s): D Partner - D Limited D General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: Top of thumb here I c;<,; . @ 1997 National Notary Association' 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313.2402 -~ Prod. No. 5907 Reorder: Call TolI.Free 1.800-876.6827 CONFORMED C( 'v RECORDING REQUESTED BY Financial Title Company AND WHEN RECORDED MAIL TO Name Marko Duchich 875 Emory Avenue Campbell, CA 95008 Street Address City,State Zip Order No. .20014478-290-CTT ~ONFO~~JI(LCQJ>.J..: This document has not been cGmpnrcd with tne 0rigi:;::.1. SANTA CLARA COUNTY CLERK-HEC01tDa ( 1/ \/) \ .\ ,\Y j{) -- Doc#: 15055153 11/10/1999 3:25 PM 1/ SPACE ABOVE THIS LINE FOR RECORDER'S USE UNIFORM STATUTORY FORM POWER OF ATTORNEY (California Probate Code Section 4401) NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE UNIFORM STATUTORY FORM POWER OF ATIORNEY ACT (CALIFORNIA CIVIL CODE SECTIONS 2475- 2499.5, INCLUSIVE). IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF A TIORNEY IF YOU LATER WISH TO DO SO. I, Marko Duchich appoint JOVa" Vidovic as my agent (attorney-in-fact) to act for me in any lawful way with respect to the following subjects indicated by signature: TO GRANT ALL OF THE FOLLOWING POWERS, SIGN THE LINE IN FRONT OF (N) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS. TO GRANT ONE OR MORE, BUT FEWER THAN ALL, OF THE FOLLOWING POWERS, SIGN THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING. TO WITHHOLD A POWER, DO NOT SIGN THE LINE IN FRONT OF IT. YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD. (A) Real property transactions, (B) Tangible personal property transactions. (C) Stock and bond transactions, (D) Commodity and option transactions. (E) Banking and other financial institution transactions. (F) Business operating transactions. (G) Insurance and annuity transactions, (H) Estate, trust, and other beneficiary transactions. (I) Claims and litigation. (1) Personal and family maintenance. (K) Benefits from social security, medicare, medicaid, or other governmental programs, or civil or military service. (L) Retirement plan transactions. (M) Tax matters. (N) ALL THE POWERS LISTED ABOVE. YOU NEED NOT SIGN ANY OTHER LINES IF YOU SIGN LINE (N). SPEClALINSTRUCTIONS ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT. SIGN / ~_~vlo ~~ For property commonly known as 1725 Bucknall Road, Campbell, California APN #403-60-014 legpwoal (rev OS 1799) UNLESS YOU DIRECT OTHERWISE ABOVE, TillS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED. This power of attorney will continue to be effective even though I become incapacitated. STRIKE THE PRECEDING SENTENCE IF YOU DO NOT WANT TillS POWER OF ATTORNEY TO CONTINUE IF YOU BECOME INCAPACITATED. EXERCISE OF POWER OF ATTORNEY WHERE MORE THAN ONE AGENT DESIGNATED If I have designated more than one agent, the agents are to act IF YOU APPOINTED MORE THAN ONE AGENT AND YOU WANT EACH AGENT TO BE ABLE TO ACT ALONE WITHOUT THE OTHER AGENT JOINING, WRITE THE WORD "SEPARATELY" IN THE BLANK SPACE ABOVE. IF YOU DO NOT INSERT ANY WORD IN THE BLANK SPACE, OR IF YOU INSERT THE WORD " JOINTLY", THEN ALL OF YOUR AGENTS MUST ACT OR SIGN TOGETHER. I agree that any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effective until a third party has actual knowledge of the revocation. I agree to indemnify the third party for any clai/hat arise against the third party because ofreliance on this power attorney. Signed this S- day of /Vo v'C~-d)~'"12 .19 CZ 1 /' ~~ ..Jfb-~~~ ( Marko Duchich BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT. CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC STATE OF CALIFORNIA L LA ((. D... COUNTY OF SA N\A. J'I. On ~o~'V<\~<t:R. S \ ~ q q before me, L . ~ K p., \ \-<-.0 ~ <? ~$, a Notary Public in and for said County and State, personally appeared ('(\0.. c<... \<0 \)0.. c......... '- C ~ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s), acted, executed the instrument. Signature (This area for official notorial seal) PUBLIC WORKS - ENGINEERING DIVISION ------------------- MEMORANDUM TO: Bob Kass, Public Works Director ~ ~~J. k~. FROM: ~lJ.~~~helle Quinney, City Engineer Harold Housley, Land Development Engineer SUBJECT: STREET IMPROVEMENT AGREEMENT I' DATE: //- ~-~ Attached please find the signed and notarized copies of the street improvement agreements for ;/ '7 ~:7 4p~ /?a/ / ~4d" for your signature. (Address) Tbis agreement was required as a condition of approval for ~j?f-~/ approved by : , wbich was ~/ City Council Resolution No. ~~d~ o Planning Commission Resolution No. / on ?Je~rt69# on o Community Development Director on This agreement requires the improvements to be installed: ~ Within 12 months from the date of the agreement and the required bonds have been submitted. o Within 12 months from the date notified by the City Engineer to install the required improvements j:\mq\ld\agrmemo (9/97) July 29. ! 999 City of Campbdl Pubhl: \\'orks D~partm~tll Engineering Division 70 North 1 ~t St Campbell C A 95008 CO;VIPLL\...~CE with CONDITIO:\S of APPROV", L To whom it may concern. Bob Schafer. .Jovan Vidovic, Marko Duchich are owncrsiJmihL,;-,; ci" Villas 01 C'ampbcH new development in 1725 Bu\:knall rd Campbell CA 95008, h)r simplicity we a1''': ~,oing to us.: 3\:nmym af;\;t in tht: hiturc ll;xL B<J~! respectfully requests approval (1:1>. !'ina! P::T.:,:l :\! nrOD..:r!\' hK~lL;j Jt 1725 Bu\:kmtli Rd, \\'1: nl:!ll.:'vt: that we havl: salislj~d all of the conditions of thcL.;ntativc Pared \bp ;lj)f1rm'al and that the Fin4il Pared :\lap <lppl1cation is nO\v COtnptde. Thank you for your consideration, Pk':b:,; fcd free to call with any questions, Sincereh, ~W;~~ j , I Robert Sohafer {fJ~ Vi~c Jovan Vidovic (( ~1:'k;1~J.lf-v' cQ L. 'cL July 29, 1999 City of Campbell COI\lPLIA~CF2 with CONDITIONS ofj-~PPROVAL Puhlic Works Department Engineering Division 70 N011h 1st St Campbell C A 95008 To whom it may concern, Bob Schafer, Jovan Vidovic, :Marko Duchich are mvnersdmildcrs of Villas of Campbell new development in 1725 Bucknall rd Campbell CA 95008. For simplicity we are going to use acronym B.lM in the future text. BJl\1 respectfully requests approval of the Final Parcel Map for property located at 1725 Bucknall Rd. We believe that we have satisfied all of the conditions of the Tentative Pared Map approval and that the Final Parccll\lap application is now complete. Thank you for your consideration. Please feel free to call with any questions, Sincerely, do~ V(k~ Robert Schafer Jovan Vidovic ~1arko Duchich d-o~ Vl~C r",,'.~. /""". C I \ 'r~!';, ~....t. ~".'- ',/ r- U' i '\ ...., t.,,_ v <-- ,e;., ~ ~ "1 199Q / ." -..J PL'8,_,C weR.,S .ACMIN\SlBJ\TiON July 29. 1999 CiL of Campbell Puhllc \\'orks Department Engine~ringDivision 70 North 1 sf Sf Campbell CA 95008 l TILl'!'Y COORDL'\;,\TIO~ P! ,\.~ 10 whom 1t may cone em. Boh Schakr. JU\.';;1 Vidovic. \tarko l)u~hich ar.: O\\n..:rshui;ckrs oi ",'mas ofCamphc!I new development ill 1725 BucknaH I'd C ampbcli C\ 9500X, For simDlicity we arc !!Oing to use acronym H.l!\I in the future text BJ"1\I has met \vith all the entities installing utilities for services to the new lots bemg created at 1725 BncknaU iul. As a n:sult. we haw coordinated the placement of all compatihle utilities \vithin joint trcIKhes. Thcs!;; plans rnimmizl.:d the impact to puhlic 1 mpro vem en LS, l11ank YOU feJr your consideration. Pkasc [cd i'r,;c 1(\ call \vith any qm.:stions, Sincerely --/) .. (j/ .1/ l'tbtVhr': \,iA/~jflf b/( Y .. '7". Robert Schafer " Jovan Vidovlc (l~~~ /}l~,oC~ 'CL.. 1\ larko Duchich -J--o ~ ~cJ.rMc AUG-13-1999 15:37 ALL CAL TITLE HAROLD HOUSLEY FX1J376-0958 4083772678 P.0V01 Parcel Map/Bucknall Road Duchich etal II W....incton Mutual Bank, FA 1""71711220 109941367 1517 "2 ~WASHINDTON~ ~ MUTUAL ~~~ ;;t ~ H I ~ ~ 9 ! ...Jul 21, 1999 TWO THOUSAND FIVE HUND~eo THIRTY DOLLARS AND 00 CENTS .. r ...., DRAWER I PURCHASER COPY PAY TO THE ORDER OF SANTA CLARA COUNTY TAX COLLECTOR I ~~~a~E~(o1~~!8Jl~ RE~JTT~A L IJ::-,Jt:'d ~y Inft-g.:'II,!tJ Pll)'rnel11 Sy&otelTli lm" f"gllp~, Colgrn~ Wqll.~ 1="'90 &r"Ik ltd. N_", L~5 "rl901~:;, CA -l ROBERT SCHAFER 'It, -Jut 27, 1999 TWO THOUSAltO flVlll\JMDREO THIRrtOOl.t:AaSANDOO CENTS .. I & z ~ ! .. PAY r -, DRAWER: WASHINGTON MUTUAL BAJIlK. FA TO THE ORDER Of ~~~~t1 REr.utTa!' . .. . .J ROIDT': sellA'ER' . ' ~ r'; ~/ ~ :....:- -v)-.,' -,'. ~ 4.~ .. SANTA CLARA COUN'I'Y TAX COLLECTOR .. L .l!~~ll" InI8\1fII9<J Parma"! $Y"l'fmo I~C;.,E/lgl'~, ~kl!lI~ !I!A~,!'Btg<l ~~".. lid;, "!~,,,I,ll,I, ~ijlll'5..CA '" , 1517 11l 1118000000000'1' _: ~ ~ ~O ~ ? ~ ? ~1:8 051.08 (; ~O q ~ le ~ 1 F, 711' '.I.I~'.:'lr!lII'~"'i1I_.'",----:::~o!._~.::.2'...l_.."'rf'l'"-""..II"_."-lIlfln __._...._.....___....._.._.....__.:::_..._.._tl;)llll._....I___....._..._~I._..._,..___.:.~._:U__..I~I_I~-.:I.=-..II.ln.- TOTAL P.01 CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT ENGINEER'S ESTIMATE Address: 1725 BUCKNALLROAD Date: 5/19/99 Application No ZC 98-0 I PD 98-0 I PM 98-0 I Encroachment Permit No, 99-161 ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION UNIT QTY < $30 K $30 K to $150 K > $150 K $ AMOUNT I. SURFACE CONSl'RUCfION MOBILIZATION 1 LS $ 1,750.00 $ 1,750.00 $ L750()() CONSTRUCTION TRAFFIC CONTROLCONTROLlPHASING 1 LS $ 1,750.00 $ U50.00 $ U5000 CONSTRUCTION STAKING I LS $ 500.00 $ 500.00 $ 5(X).()() CONSTRUCTION TESTING I LS $ 1,500 00 $ 1,500.00 $ IjOO()() II. DEMOLmON/CLEARING I. CLEARING & GRUBBING I LS $2.000.00 $2,000.00 $ 2,00000 2. SAW CUT P.C.C.lA.C.(UP TO 6-) 102 LF $4.50 $3.00 $2.00 $ 459.(X) 3. P.C.C. REMOVAL SY $30.00 $23.00 $10.00 4. CURB AND GUTIER REMOVAL LF $6.00 $3.00 $2.00 5 MEDIAN REMOVAL SF $4.50 $2.25 S 1.25 6. DEMOLISH EXISTING INLET/PLUG RCP'S EA $300.00 III. STORM DRAINAGE I. 12" R.C.P. (CLASS V) 38 LF $60.00 $40.00 $20.00 $ 2,28000 2. 15- R.C.P. (CLASS III) LF $65.00 $48.00 $38.00 3. 18- R.C.P. (CLASS III) LF $70.00 $60.00 $52.00 4. 24- R.C.P. (C LASS III) LF $80.00 $68.00 $59.00 5. 30- R.C.P. (CLASS III) LF $90.00 $75.00 $65.00 6. TV INSPECTION (12") 38 LF $1.20 $0.75 $0.60 $ 45.60 7. STD. DRAINAGE INLET EA $1,600.00 $1,30000 $1,000.00 (C.c. DETAIL 9) 8. FLAT GRATE INLET 1 EA $1,400.00 $1,100.00 $900.00 $ 1,,wo.OO (C.C. DETAIL 6) 9. STANDARD MANHOLE I EA $2,000.00 $ 1,600.00 $1.300.00 $ 2,000.(X) (C.S.J. DETAIL 0-11) (INCLUDES FRAME & LID) 10. BREAK AND ENTER M.H.lD.1. EA $700.00 $550.00 $450.00 Page 1 ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION UNIT QTY < $30 K $30 K to $150 K > $150 K $ AMOUNT IV. CONCRETE IMPROVEMENTS 1. SIDEWALK 204 SF $6.50 $450 $2.75 $ U2600 2. DRIVEWAY APPROACH 320 SF $7.50 $5.50 $3.75 $ 2,400.0() 3. CURB AND GUTTER 73.4 LF $22.00 $18.00 $15.00 $ 1,614.8() 4. V ALLEY GUTIER SF $12.50 $10.00 $8.25 5. HANDICAP RAMP EA 5UOO.OO 5800.00 570000 6. TYPE B-1 CURB LF $12.00 59.50 $7.50 7. TYPE AI-B3 CURB LF 515.00 512.00 510.00 8. COBBLESTONE MEDIAN SURFACE SF $12.00 $8.00 55.00 9. pe.e. DRIVEWAY CONFORM SF $7.00 $5.50 $4.50 10. A.e. DRIVEWAY CONFORM 50 SF 54.50 53.75 53.00 $ 225.00 V. PAVEMENT I ASPHALT DIGOUT AND REPLACE CF 52.00 53.50 52.50 2. PAVEMENT WEDGE CUT (6') LF 55.00 $2.50 51.50 3. PAVEMENT GRINDING 580 SF 50.80 $0.50 50.35 $ 464.00 4. PAVEMENT FABRIC (PETRO-MAn 23 SY $2.00 $1.85 $1.50 $ 46.00 5. ASPHALT CONCRETE (TYPE A) 34 T $80.00 $50.00 $35.00 $ 2,72000 (734)( 18)(033)(0.0775) 6. AGGREGATE BASE (CLASS 2) 85 T $40.00 $20.00 $12.00 5 3,400 (Xl (734)( 18)(0.92)(0.070) 7. SLURRY SEAL (TYPE 11) SF 50.07 50.06 $0.05 8. SLURRY SEAL (TYPE Ill) SF 50.1\ 50.09 50.07 VI. TRAFFIC SIGNALS/LIGHTS 1. DETECTOR LOOP (6' ROUND) EA 5450.00 5300.00 5250.00 2. DETECTOR LOOP (6' x 30') EA 5650 00 5540.00 S440.00 3. DETECTOR LOOP (6' x 50') EA 5900.00 5750.00 $640.00 4. ELECTROLlER I EA $2,600.00 52,20000 51,800.00 5 2,600.00 5 I 1/2" RIGID CONDUIT 40 LF 5900 57.00 5500 $ 360.00 6. 2" RIGID CONDUIT LF 51700 513.00 510.00 7 CONDUCTOR 120 LF SO.70 50.55 50.45 $ 84. (Xl Page 2 ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION UNIT QTY < $30 K 530 K to 5150 K > SI50 K $ AMOUNT 8 PULL BOX (NO.3 1/2) 2 EA $300.00 5240.00 SI85.00 5 600. (X) 9 PULL BOX (NO.5) EA $400.00 $350.00 5300.00 VII. STRIPING AND SIGNS I REMOVE PVMT MARKINGS (PAINT) SF $2.50 $1.50 SI.OO 2. REMOVE PVMT MARKINGS (THERMO) SF S3.00 S2.00 51.40 3. REMOVE PVMT STRIPING LF S1.4O SO. 80 $0.40 4. STRIPING DETAIL 9 LF SI.35 SO.85 SO.35 4.5 STRIPING DETAIL 22 114 LF S2.25 SI.65 $ 256 50 5. STRIPING DETAIL 29 LF 52.25 51.65 S1.20 6. STRIPING DETAIL 32 LF 52.40 51.75 5 1.25 7. STRIPING DETAIL 37 (THERMO) LF $1.85 $1.50 51.00 8. STRIPING DETAIL 38 (THERMO) LF 52.50 $1.85 SI.15 9. STRIPING DETAIL 39 LF SI.50 $0.85 $0.45 10. STRIPING DETAIL 40. LF $2.20 $1.70 $1.00 II LIMIT LINE LF $ 1.35 SI.05 $0.90 12. CROSSW ALK LF $ 1.35 $1.05 $0.90 13. PAVEMENT MARKINGS (PAINT) SF 52.50 51.90 51.60 14. PA VEMENT MARKINGS (THERMO) SF $5.50 $3.80 52.60 15. PAVEMENT MARKER (NON-REFL.) EA $4.50 $3.00 $2.20 16. PAVEMENT MARKER (REFLECTIVE) EA $6.00 $4.15 53.15 17 TYPE K MARKER EA 59500 $8000 S70.00 18. TYPE N MARKER EA S95.00 $80.00 57000 19. SALVAGE ROAD SIGN EA 585 . 00 $75.00 565.00 20. RELOCATE ROAD SIGN EA SIOO.OO $85.00 575.00 21. INST. RD. SIGN ON EXIST. POLE EA $20000 $145.00 5110.00 22. ROAD SIGN WITH POST EA 5300.00 5240.00 SI95.00 23 STANDARD BARRICADE LF $15.00 Page 3 ITEM UNIT PRICES FOR PROJECT AMOUNT NO. DESCRIPTION UNIT QTY < $30 K $30 K to $150 K > $150 K $ AMOUNT VIII. LANDSCAPING I. IRRIGATION, PLANTING WORK 162 SF $8.00 $8.00 $ 1,296m 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") 20 LF $25.00 $15.00 $10.00 $ 500(J() 6. STREET TREE (15 GAL) I EA $450.00 $325.00 $250.00 $ 450.00 7. STREET TREE (36- BOX) EA $700.00 $55000 $400.00 8. TOP SOIL BACKFILL 6 CY $2000 $20.00 5 120.00 IX. MISCELLANEOUS I. PEDESTRIAN BARRIER LF 575.00 560.00 55000 2. CHAIN LINK FENCE (6') LF $15.00 $11.50 59.25 3. RAISE MISe. BOX TO GRADE EA $30000 $200.00 517500 4. RAISE MANHOLE TO GRADE EA $40000 $275.00 520000 5. INSTALL MONUMENT BOX EA 5450.00 $350.00 $30000 6. MEDIAN BACKFILL CY $19.00 $17.00 $15.50 SUBTOTAL 532,146 90 PREPARED BY: ~br 10% SECURITY ENFORCEMENT FEE 5 3,21469 REVIEWED BY: TOTAL ESTIMATE FOR FAITHFUL 535,36159 APPROVED BY: PERFORMANCE SECURITY $35,.j(J(J(){) 'See Section 66499.4 of the Map Act. h: landdevl 1725buck.xls(mp) Page 4 County of Santa Clara Tax Collector Tax Roll Control Division County Government Center, East Wing 70 West Hedding Street San Jose, California 95110 (408) 808-7979 FAX 287-2441 Statement of Subdivision Security j U I 2 7 N99 To Be Posted with the Clerk of the Board of Supervisor~ U 8 Lie won K S Prior to Map Recordation ADMINISIR)HION Alliance Title Company July I, 1999 Pat Correa According to our records dated 7-1-99 , there are no unpaid County, Municipal or local taxes, or special assessments collectible by this County, or taxes or assessments against the land within the subdivision or parcel designated as : 403-60-014 or against any part thereof as shown by the assessment rolls on file in the Office of the Tax Collector, except taxes and special assessments collected as taxes, which are not yet payable. For the Tax Year 1999/2000, the security required to be posted with the Clerk of the Board of Supervisors prior to recordation of this parcel or tract map is as follows: Type of Security Res!Ular Tax Supplemental Tax Total Security Cashier's Check $2,530.00 $0 $2,530.00 Passbook $2,740.00 $0 $2,740.00 Certificate of Deposit Letter of Credit Surety Bond $2,950.00 $0 $2,950.00 The amount of security for taxes specified above will remain in effect through October 31.1999. If the parcel or tract map designated above is not recorded in the Recorder's Office on or prior to this date, a new certificate of tax clearance must be obtained. This letter does not include any assessments for any assessment district; liens or otherwise, not shown by the assessment rolls or other official records of this office. Emma L Rock Tax Collector By: !'~ . . r- en <..0 I- Z W (Y) U ~ 0 0 o::::t e > z en < 0.. !1&!l en 0 en a< 0 d < 0 ..J a: (QQ) ..J W a ~ ~ e en c:t = > !J= I- J: a< 0 ~ 0 ::>:: a: ~ '" I- :::) '" (:: 2: e 0.. !1&!l 0.... w - '" a< a: ~ a< '" t-C 0 w .;, z W 0 LL e,:,= ::J == ~ < :!.... ::>:: ::>:: c:t cg u == w a: en > a: 0:E ~ w l- ce :;: c t:: a< ~ w == 0 al Z w a < a: a< en ::J I I a ::>:: I- a :& l- s: ~ a. ~ ,...' "' N < :J .., . -< . z . p:: - 0 ~ E-< m ~ ~1 - i .0") (1)2: ~ ftI ""..., ;..J', ~O 0 "' :I 0:' er;:: u ... 0,< ~ - :I --- 1"""""'-. 5:0: " ~ LU 'N !- o !:~ j'"' I: () -2 U 0 -.; -.1 _ =,:> IIJ~ ~ li LU ....) ::Ja .. ~ I: 0: 0.< .- Cf.l .a: "3c lit N L .J~ i ~ II ~ - w r-.. >- w 0 '" <t a J: II u.. II ~ 0- f- f- a a (96i91 GaGS 96/90 MaN 016"OSO U)",*,'." .....+ .. ex: . · W' ~ '. ~;": ~ .....,:::).>'. ..~';';.,. --:.. ~. Ho.: "~" }- z <:::r "0" ;E".'.... ".<( . ilJ :r .....r,.. '0::-:':':5\ ..a:. . ',,:0 ....~.. 2: .0 t-~ . . e,:,= i!!.' t- == 0:& c == '::i'--:' .Z .....:::>. '\0',.'. ........::..::1:.,.. .. ...,"'<(.. ......lJJ..... . """<1:. ..H.. .::i;: ":..~ ,,).... .;$.,. . . ..'....ce.;.. .....'._. ~ .,,~~ I,' .:~..... :I ....,.......,... ,..:1: . .:& ,..a: '..'.0.. 10 .... .1: .:a ':>1Il ,...fI,... ....:....~. ..II IB6/91 GaGs o o o z < <t u.. ;2 Z <t C!J ..J <t ::> f- ::> ::a; z a f- CJ z I en <t ~ cc w ~ <t II o en a< < ..J ..J a o > I- a< - ::>:: l- e w a< o z ::J ::>:: W > :;: o z < VI ::J a :r I- I ~ I- a. s: ~ ,...' N :J .., . . . p:: 0 E-< ~ 0 U ~ U I<( ~ Cf.l L .J II W >- W 0 <t a J: II u.. 0- f- f- a a ,... ~ '" a< w ... < ::>:: U en I- a< w al a a< !:: C'- toO r1'l ... oJ 0"" IJ"" o ... I c..C c:c o oJ lJ1 o c:c .. - ... C'- ... C'- r1'l o ru ru ... ~ ?' i '" z ,~ ~ .. 6 !:: o o o o o o o o o c:c !:: ':? :.. County of Santa Clara Office of the Board of Supervisors County GoverlllllCIlI CCl1ler, East Wing 70 West Hedding Stref't. I nth Floor San Jose, California 951 10 (408) 299-432 I 299-2323 FAX 298-8460 TOO 993-8272 RECORDING OF MAPS SECURITY COVERING SECURED PROPERTY TAXES AND SPECIAL ASSESSMENTS TO BE FILED WITH TIlE CLERK OF TIlE BOARD OF SUPERVISORS The following information must be completed: L APN # ft:?'3 '-~ tJ - d/ J..j 2, SECURITY FOR FISCAL YEAR: ) C} 9' 9/;1 odd 3, TRACT NUMBER (if applicable): '~./f m ~ 4, CHECK ONE BOX ONLY ,'"\ , J ,--~ , ; I ~ 2" 7 i q Cj 9 J \) L ',...,- PUS...iC l,OFiKS AOMINISTRATlON ~ I am submitting a Cashier's Check I authorize that these fimds be forwarded to the Tax Collector to satisfy the fiscal year tax obligation, Excess funds will be refunded within 60 days from the date that these funds are applied to the tax bill(s} o I am submitting a Cashier's Check to be held in trust. o I am submitting a Certificate of Deposit. o I am submitting a Passbook Account. o I am submitting a Surety Bond, The following mYSi be completed: Name of Insurance Company Address of Insurance Company Telephone Number of Insurance Company ( ) I understand that if the secured taxes are allowed to become delinquent, the above named security will be used to satisfy the fiscal year tax obligation A written request must be submitted to the Clerk of the Board in order to obtain release of this security, 5, PLEASE PRINT TIlE NAME AND ADDRESS OF TIlE GUARANTOR POSTING SECURITY: Name J 0 V A-N V ( S) 0 V I'C Address ( 6 ~ 0 w ~* ~ 0 A K- <::.-:t C'AMPtSe:.LL cA '7~og 6, SIGNATURE OF GUARANTOR POSTING SECURITY 0, V /' ~ [/ (C ( do l! o.-v, VI'~ C I Telephone Number (t{ O~) ~ 1-1- '- 5 ? f) Date 1- /2 1/ cr 0, I ' Board of Supcrvisors: Michael M, Honda Blanca /\Ivarado District I District 2 Ron Gonzales District 3 James T, Beall, Jr. District 4 Dianne McKenna District 5 ~ 2027 SUBDIVISION GUARANTEE ALLIANCE TITLE COMPANY Subdivision: Parcel Map Order~o. 99004365-007-VV~ Policy ~o. H 372676 Fee $250.00 R- f="!\/ _Il._. #J r-". LM: First American Title Insurance Company f 11' '"I... -.' ,) t,.i ,I. (.- .9 q P"8 ~l Li,c:: WURKS ADMINISTRAT/ON a corporation, herein called the Company, GUARANTEES The County of Santa Clara and any City within which said subdivision is located in a sum not exceeding $1,000.00, That according to those public records which, under the recording laws, impact constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said map are: OWNERS: Jovan Vidovic, a married man as his sole and separate property; Robert L. Schafer, an unmarried man and Marko Duchich, a married man, as his sole and separate property, as tenants in common The Map hereinbefore referred to is a subdivision of: See Exhibit A attached hereto and made a part hereof. Dated: July 6, 1999 at 8:00 a.m. ~;II C~ First American Title Insurance Company Authorized Signatory ./)! I~/ -,,1/ I, '" :J~ X I PRf;.SWU'" .,-eso' //7 ~ I-~' 5ECRE1l\RY Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Issued by: Title Department 901 Campisi Way Campbell, CA 95008 Exhibit A All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as foHows: Parcel Map of the lands ofDuchich, Vidovic and Schafer. Being a portion ofthe former lands of Ray Metzger as shown on that certain Mal? entitled Record of Survey ofa Portion of Lands of Ray Metzger situated in the Quito Rancho recor<ied in Book 61 of Maps Page 11, Santa Clara County Records. R-.-.r-1\ /r-".. J " . !--'\ " , i 1 C \.-" "'- 'J;. L._ 'I', ') '"I Inc,,) J 'J!l ' ,'"" ..1 PUBLiC I/'(JRKS ADMil\liS TRA TlON GUARANTEE s't '\.~ ~ AME/{l o ~ ~ QC):}- {} ).~ 3 ..; ! ~ . ' i" ,;;,;;, '. R;c:'('- ,\/ ~~ ..~.;f ...Ii' #".~,.~., f t:!; 2 ~ > ,') I ,_ /' 1999 Pus. , AOMlNj~T~~);13~ First American Title Insurance Company H ~i 7 267 6 Fonn No, 1282 (Rev. 12/15/95) CITY OF CAMPBELL D. . ARTl\IIENT OF PUBLIC WORIC. ENGINEERING DIVISION !!~!ttt!!I.I.I..::;:~II!I!..~II.I.l__I~~::::i~:::::::::~:!~~:;:.~~;::,....,,:. , D .JiJN 0 4 i99 pu.~ 9 QliC ADMIN/Sf WORKs flATlON 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. APPLICATION NO(S)~~ ADDRESS: r~.-? or /:? ~ \ Prior to submitting a fmal 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 Nt A to indicate that the particular item does not apply. Review applicable Subdivision Map Act Sections, whiclD are referenced in parentheses, before checking off each item. SEAL AND SIGNATURE OF ENGINEER/SURVEYOR OF WORK. THE MAP ACCOMPANYING THIS CHECKLIST HAS BEEN CHECKED BY ME O:R UNDER MY DIRECTION FOR COMPLETENESS AND CONSISTENCY WITH THIS CHECKLIST. THE MAP CONFORMS WITH THE REQUIREME.NTS OF THE PROFESSIONAL LAND SURVEYOR'S ACT, SUBDNISION MAP ACT, AND APPLICABLE CITY ORDINANCFS, THE MAP..iS SUBMITTJi:9 FOR EX INATION BY THE CITY ENGINEER. / y /;f / I ; /~, Sr ~ ,7kt/41 Printed f}r no Jc/ Date RCE/LS # Expiration Date (~) >~o / ~ ( J 5U t u/ (SEAL) CITY ITElVlS OK NA COl\'lMENTS A. GENERAL 1 Map agrees with the approved Tentative Map. V 2 Map complies with Conditions of Approval e/ regarding dedications. \ \ Page 1 I CITY ITElVl... OK NA _OMl\mNTS 3 All documents contain Assessor's Parcel Numbers. 4 Easements and nonuments correspond with the V improvement plans. 5 Title Report and map reflect fee ownership. v 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. j\'b ~6m ~~t 9 Map is suitable for microfIlming. V 10 New road names approved by the Civic V Improvement Commission. 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 Consent to dedication forms executed and / ) notarized by existing easement holders over ( 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 inc1udinlZ dedication Book and PalZe. 5 All easements shown for dedication have V / appropriate wording in the Owner's Statement and purpose indicated on the map. 6 Waiver of Signatures on Map: Notification I secured from public utilities and public agencies (66436 & 66445(t)). / 7 Owner's Statement and Acknowledgment. V s/ (66436) 8 Name of person authorizing map (66436). V ~/ 9 Trustee's Statement and Acknowledgment V 17ffi~/f~1 (66436). Page 2 I CITY lTEl\-....., OK NA ~OMMENTS 10 Soil Engineer's Statement (66443). V 11 Surveyor's/Eng:neer's Statement including signature, )cal;number and expiration date V (66441 & 66449). 12 City Engineer's Statement including R.C.E. number and expiration date (66442 & 66450). City Engineer is Michelle Quinney. Include V separate statement for "Technically Correct" review bv Land Surveyor per Attachment B. 13 City Clerk's Certificate (66464 & 66440). The t/" City Clerk is Anne Bybee. 14 County Recorder's Statement (66496 & 66466). V- IS All certificates and statements signed and NDr y~-r acknowledged with signatures & Notary seals are le2ible. usin2 black media ink. (66436(c)). C. l\'lONmtIENT A TION 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). V 3 Tie to adjoining surveys, lands, streets, or senior conveyances, including Book and Page of V adioinin2: record maos/documents (66434C). 4 Tie to access street intersection. V 5 All monumentS found, replaced or removed are described as to kind, size, tag numbers, V recorded reference/origin, and tied by survey to this map. 6 Monument right-of-way at BC, EC and property V 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 with ties to ri2:ht-of-wav. 9 Minimum 2" nominal diameter I.P. required at ~ Section, quarter-Section and Rancho corners. Page 3 CITY ITEM~ OK NA I COM1\1ENTS D. MATHEMATICAL ACCURACY & GEOl\1ETRY 1 All bearings, di!:tances, and curve information V shown to nearest .01 feet and nearest second. 2 Curve data complete (A,R,L). V 3 Radial bearings of non-tangent curves shown. V 4 Areas net and gross calculated to nearest .01 V acre. (Net is gross area less area dedicated to City for roadwav purooses.) \ 5 Minimum road centerline radius is 650', 200', V 75'. Street widths, setbacks, and/or required widening shown. 6 Sum of increments equals total distance or delta V angle. 10,000 7 Math closures correct to 1 part in...2O;OOO:' The V sum of interior distances and curve data equal totaL All areas comoute accuratelv. E. l\tIAP BODY . 1 Key or index map with sheets numbers shown V (66445b) . 2 Title Block: Place in upper center or upper right of title sheet and upper center or upper rigbt 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 survev, scale and firm name are shown. 3 North arrow shown. ~ 4 Use scale 40', 50' or 60' to 1" (66434 & ND 66445) . 5 Minimum 1/8" lettering and symbol size used -;7 for legibility. 6 Legend: Found monument = solid symbol. Set V monument = open symbol. Also include monument type, size, and tag number, city limit line. distinctive border line. relinquishment of Page 4 CITY ITEJ."J.~ OK NA COl\1MENTS Abutter's rights, record data, etc., or label on V- each map sheet. 7 Parcel Designat:on: Lots designated by numbers, parcels designated by letters V (66445?).Each lot/parcel must be shown completelv on one sheet. 8 Distinctive border and 1/16" solid black boundary line shown around subdivision (66445 V & 66434(e)). Monuments on boundary lines can be seen clear Iv. 9 City boundaries which cross or join the t/ subdivision appear on the map. 10 Non-measured Record lines parenthesized. V 11 Discrepancies with record data shown. Record V information used must be clearly indicated. 12 Adjoining property owners, including Book and V Page, and/or recent subdivisions (showing lot/parcel) includine: recordine: 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. 141 Show approved legal access with record Book ~ and Page of instrument giving access. 15 Road names, correct spelling, right-of-way V width, centerline data, setback lines and/or reauired widenine: shown. 16 Privately-maintained road easements shown by ~ dashed lines and publicly-maintained roads shown bv solid lines. 17 Privately maintained road note shown. Place t/ 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? V F. SUB~IITT ALS Page 5 - I CITY lTEl\ _ OK NA ~Ol\fl\mNTS 1 Three checkprints of the map (all sheets). V 2 This completed Checklist with Engineer/Land V Surveyor of Work Statement signed per Attachment A. 3 Final Map Fee: V Tract Map - $1,380.00 + $25.00ILot Parcel Map - $1,060.00 + $25. OOILot 4 Storm Drain Area fee: $ per Acre. 5 Preliminary Title Report current within 6 v< months) . 6 Subdivision Guarantee. 7 Grant Deed(s) for the property(ies) surveyed. 8 Adjoiner deeds and senior conveyances/deeds V called for in the surveyed property's deed. 9 Copy of unrecorded documents or maps, such as State right-of-way maps, used for preparation of V this map. if anv. 10 Boundary, street, and lot closures and other V calculations used to prepare this map. 11 Non-interference/waiver letters from applicable v/ public utilities and public agencies (66436). 12 Street Improvement Agreement. V' 13 Soils Report prepared by a registered V Geotechnical or Civil Engineer. 141 Legal descriptions. V 1: \FO RSM'.J.vlAPCKLST(WO RD) Revised 6/6/97 Page 6 OV"c,t-lt t.......' A~", ... ... U ... o 0 .. ~ '" ~ ~.OItCHA"O c.;" CITY OF CAMPBELL MEMORANDUM TO: Mw)(}M"'41lu _oh'oj'ihsIBT' r"'-;~~Dwri\ cc: Marlene Pomeroy, Secretary DATE: June 17, 1999 FROM: Anne Bybee, City Clerk BEcelVEO JUN , A 1999 PUBLIC WORKS AOM\N\SlRAT\ott Service/Public Utility Easement - SUBJECT: Acceptance of Public Right-of-Way and Public 1725 Bucknall Road (PM 98-01) At its regular meeting of June 15, 1999, the City Council adopted Resolution 9543 authorizing the City Clerk to accept the offer of dedication of right-of-way for street purposes and public service easements associated with the final Parcel Map (PM 98-01) for 1725 Bucknall Road. Attached is a certified copy of Resolution 9543 for your record. . .. . - RESOLUTION NO. 9543 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE CITY CLERK TO ACCEPT THE PUBLIC RIGHT-OF-WAY AND PUBLIC SERVICE EASEMENT AS OFFERED ON PM 98-01, 1725 BUCKNALL ROAD WHEREAS, the tentative parcel map for 1725 Bucknall Road (PM 98-01) was approved by the City Council on October 7, 1998; and WHEREAS, an offer of dedication for public street purposes and a ten foot public service easement is being offered on the final parcel map; and WHEREAS, at the time of approval of the final parcel map, the legislative body must either accept or reject any offers of dedication; NOW, THEREFORE, BE ~T RESOLVED by the City Council of the City of Campbell that the City Clerk is hereby authorized to accept the public right-of-way and the public service easement as shown on the final parcel map PM 98-01 for 1725 Bucknall Road, PASSED AND ADOPTED this 15th day of June, 1999, by the following roll call vote: AYES: Councilmembers: Watson, Dougherty, Dean, Kennedy, Furtado NOES: Councilmembers: None ABSENT: Councilmembers: None L~:! j-~~ Daniel E. 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II .. Ii "' .... 0.. ;; . ,i! i-;: '" I. '~ I, !~ I~ :~ !~ !,.j I:.: !~ o '. i' I~ !i i~ lu~ I;: :8 i> ,~ i~ ,. ~ " " o . c... J. e ~.. " 0 ;;E :.c :t . . <.. .: ~ ~ Ii ~ . n~ ...." .uo ==:: z~~ ..uu ! ; ~ i ! : ft 2 ~ i s i ~ .. f 0 ! !' ~ ~ a ~ = Q W > - w o w a: N ~ l:; w % III z' ~o a:- o~ ~a: .. o!! -z ..J- m:! ~o 0.< Soma aore Volley Wder DisL-id 6 5750 ALMADEN EXPESSWAY, SAN JOSE, CA 95',,8 (408) 265-2600 PERMIT Facility: Campbell Distributary Date Issued: June 11, 1999 Permit No.: 99929 Permittee: Department of Public Works City of Campbell 70 North First Street Campbell, Ca 95008 Telephone: (408) 866-2150 File: 25245 Campbell Distributary Nly Bucknall Road Ely Fulton Street Applicant: Mr. Steven Arnold 1671 The Alameda, Suite 305 San Jose, CA 95126 Telephone: (408) 286-9111 Re: Site Improvement 1725 Bucknall Road, Campbell Project 99-161 Purpose of Permit o Encroachment l'8I Construction o Temporary 1. Installation of 37.5 lineal feet of 6-inch-diameter sanitary sewer lateral within a 10-inch-diameter, 10 gage continuous steel sleeve, with grout filled anulus, crossing under the District's Campbell Distributary. 2. Installation of 32 lineal feet of 6-inch-diameter polyvinyl chloride pipe storm drain lateral crossing over the District's Campbell Distributary. 3. Construction of one (1) standard manhole for the sanitary sewer tie in. 4. Construction of one (1) standard manhole for the storm drain tie in. 5. Construction of 72.5 feet of concrete curb and gutter, and 18 feet by 73 feet of asphalt concrete road improvements. Construction Expiration Date: June 11. 2000 Encroachment Expiration Date: ... " .. PERMITTeIMUSYNII~ry.INP'~uINj$HeH.PlJt:.gfT;-wtt>IIJYI: District's Construction Unit, c/o Mr. Dean Arroyo, (408) 265-2607, extension 2801, at least 2 normal working days before starting any work under this permit. Failure to notify is cause for revocation of permit and removal of work. Exercise of this permit shall indicate acceptance of and agreement to comply with all provisions included herein. This permit is subject to the General Provisions listed on the reverse side hereof or as expressly modified in the additional Special Provisions listed below. Violation of any provision shall be cause for immediate rewcation 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 non potable or reclaimed water for completion of activities under this permit, unless the District approves another source. Continued on page 3 Approval: cc: Planning Department City of Campbell 70 North First Street Campbell, CA 95088 RECEIVEO JUN , ~ '999 PUBL-Ie WOAKS ADMINI8TRATION, _4~ O-~ Sue A. Tippets, P.E. Supervising Engineer Community Projects Review Unit FeE 60h (12/8/95) Campbell Distributary 3 Permit No.: 99929 SPECIAL PROVISIONS-Continued 3. Permittee must contact Mr. Chris Summers at (408) 265-2607, exlension 2148, at least 48 hours prior to the start of construction to have the District's Campbell Distributary marked. 4. The sanitary and storm drain laterals must maintain a minimum clearance of 12 inches from outside edge to outside edge for crossing of the Campbell Distributary. 5. Permittee must maintain a minimum clearance of 1 foot between the new laterals and the Campbell Distributary. 6. Permittee must contact the District's inspector and arrange for him to be present, at his discretion, during the excavation and trenching of the crossings under and over the Campbell Distributary. 7. Permittee must contact the District's inspector and arrange for him to be present during the installation of the steel sleeve crossing under the Campbell Distributary. 8. Any damage to the District's Campbell Distributary shall be repaired at the sole expense of the permittee, or the permittee's contractor, to the satisfaction of the District's inspector. 9. All work associated with this permit is to be in accordance with the plans which were submitted to and approved by the District. FeE SOh (1218195) WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY SERVING RESIDENTS OF CITY OF CAMPBELL TOWN OF LOS GATOS CITY OF MONTE SERENO CITY OF SARATOGA UNINCORPORATED AREA June 1, 1999 r-? f:: r"\ Ii-. \._, r:: 11 ".:-. .- f V.':"". D . .i. 'OJ i t ;\{ n ~'" ....... :'" II "1 .,If ',,' ."' /Gqo ~...i..,'" "'''oJ...; "" (;,<.iC . () i'rtt tv, it;! r, ,-., Srft~1-I~~ Mr. Harold Housley Department of Public Works City of Campbell 70 North First Street Campbell, CA 95008 RE: Proposed Development - 1725 Bucknall Road, Campbell Dear Mr. Housley: The district has reviewed the plan for the above referenced project We have no objections to the proposed development. Please do not issue any building or plumbing permits until it has been confirmed that the developer has paid all fees and obtained the sewer connection permits from our office. If you have any questions, please do not hesitate to call Samuel Yung at this office. Very truly yours, Robert R. Reid District Manager and Engineer ~~~ By Samuel Yung Assistant Civil Engineer cc: Marko Duchich 100 East Sunnyoaks Avenue, Campbell, California 95008-6608 Tel: (408) 378-2407 Fax: (408) 364-1821 II. San Jose Water Company 374 West Santa Clara St. San Jose, CA 95196-0001 ENGINEERING & OPERATIONS 1221 S. Bascom Ave,. S.J, 95128 Facsimile: 408-292-5812 Writer's Direct Dial: 408-279-7874 June 2, 1999 City of Campbell Public Works Department 70 North First Street Campbell, CA 95008 Attention: I. Harold Housley, P.E. REFERENCE: 3 Lot Subdivison 1725 Bucknall Road Gentlemen: This letter is being written at the request of Jovan Vidovic regarding the Parcel Map for the above-referenced project. Please be informed that upon review of the Final Map prepared by Steven A. Arnold Civil Engineer dated December 1998, it appears that the proposed Public Service Easement/Public Utilities Easement (PSE/PUE) and street dedication will be adequate for the installation of anticipated public water facilities. We have no objections to the recordation of the map, but reserve the right to require additional easements at a later date, if needed. 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. Sinc~,rely~ / ' / / / I / .'. ,,/;---;;-. \.. &?"~;:;>::YL ~ 'x:[--S.'?/FL//~~ JAMES R. BARITEAU New Business Representative JRB:ems Bucknall.doc cc: Steven A. Arnold Civil Engineer Letter picked up by: Jovan Vidovic m Pacific Gas and Electric Company 111 Almaden Boulevarej PO Box 15005 San Jose. CiA 95115lJlJ05 June 3, 1999 Mr. I. Harold Housley City of Campbell 70 North First Street Campbell, CA 95008 Re: Parcel Map Review, APN 403-36-094, 1721, 1725, 1729 Bucknall Road PG&E File No.2004568 Dear Mr. Housley: PG&E has completed its review of the subject Parcel Map and has no objections to the recording of the Parcel Map. PG&E owns and operates a variety of gas and electric facilities which (may be/are) located within the proposed project boundaries. Project proponents should coordinate with PG&E early in the development of their project plans to promote the safe and reliable maintenance and operation of existing utility facilities. Any proposed development plans should provide for unrestricted utility access and prevent interference with PG&E easements. Activities which may impact our facilities include, but are not limited to, permanent/temporary changes in grade over or under our facilities, construction of structures within or adjacent to PG&E's easements, and planting of certain types of vegetation over, under, or adjacent to our facilities. The installation of new gas and electric facilities and/or the relocation of existing PG&E facilities will be performed in accordance with common law or Rules and Tariffs as authorized by the California Public Utilities Commission. Please contact me at (408)282-7546 if you have any questions regarding our comments. Sincerely, \,J-:.tCA_''''- .'LA.. ."-..-) (/,___ .' \-\1.. , ,~,'~ 1- ~~ Nicholas C. Arellano Lead Land Technician Land Rights Offices - San Jose JUI'J-(J3-1999 13:08 PG&E DE Htl2f=J 408 725 3342 P.02 Pacific Gas and Electric Company De Anza Division 10900 North Blaney Cupertino. CA 95014 Date: June 3. 1999 m Dear Marko Duchich ThanK you for your application for electric and gas service to 1725 Bucknall Rd. in CamDbelL Electric service will be established as an underground 120/240 volt, 3 wire. single phase, 200 amp service. Natural Gas service will be provided at standard pressure (1/4 PSIG), Please install your gas house line/electric panel to the agreed metering location and then consult your PG&E Representative to coordinate the scheduling of our work at your site. Trench Occupants~~~h~ 9 Trenching Agent: PG&E ~p;i~ N/A (If trenching agent is applicant, please be sure to contact your PG&E Rep to schedule a trench date.) Service should be available in about 20 to 25 weeks if your project proceeds without any delays or changes. Contract. right-of.way. or monies are due prior to construction. Be certain to keep in dose contact with your PG&E Representative. This will insure that any changes or delays in your plans will not affect PG&E's ability to design and construct your service facilities in a manner that best meets your needs. Your gas/electric service can't be established until our construction work is completed at your site and PG&E has received an inspection notice from the agency that issued your building permit_ When these are done. please call Alex Darden at (408) 725-2155 to schedule your meter set and service tum on. The street address. if different than original request. is needed prior to meter set If you have any questions. concerns or changes please call me at (408) 725-7723. s~ Steve Ingersol Service Planner TOTHL P.02 @. Tel 6/1/99 Harold Housely City of Campbell - Public Works Dept. 70 North 1 sf Street Campbell, CA 95008 Subject: Easement Clearance / Will Serve Re: Clearance letter for property at 1725 Bucknall Rd. in Campbell, CA. Dear Mr. Housely: I have reviewed the parcel map provided by Steven A. Arnold Civil Engineering, for the purpose of a Proposed Development in the City of Campbell. TCI Cablevision of San Jose has no comments or objection to the proposed development indicated on the parcel map. TCI currently has service facilities within the area, and it does not appear that there should be any problem to provide CATV facilities to this parcel. Sincerely, 1r;/~ ~<v<:) /",\ .~o..~ 0'</ ...."'''-" +-~~ ~ ..;. ~ ~ ~o~",o .t:'~ ,..~.,,~ "<. ~ \';,) "v <0 ;; 0V~ ,;)-~ <( Q~' ~ Wil Rodriguez Engineering and Design Dept. TCI of California San Jose System Office 1900 So. Tenth Street PO. Box 114 San Jose, CA 95103-0114 (408) 918-3200 FAX (408) 294-7280 An Equal Opportunity Employer 34756 Nortll hrst Street. RoO! San Jose. California 95134 PACIFICI"'.JBELL ... A Pacific Telesis Company June 1, 1999 City of Campbell Public Works Department 70 North First Street Campbell, CA. 95008 Attention: Harold Housley RE: Property at 1725 Bucknall Road, Campbell Dear Mr. Housley, 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) 493-7074, Sincerely, ~J, Dan Sparks Engineer South Bay Engineering cc: Marco Duchich 875 Emory Avenue Campbell, CA. 95008 ~~<:) (; <:> ~. ~~~ C?1 <l.. y; ~.. o~~o~ "<;: , --t\ ...'\ \0 "\~ '0 'v .:>.\C?1 ~'V ~\"- ...Q .",..0" C'I-11,6<9 f:: <;- U r- o 0 ~ "" ~o:" t;~ .O"CH^'"O' City of Campbell -- Community Development Department 70 N. First Street, Campbell, CA 95008 MEMORANDUM To: Harold Housley, Land Development Engineer Chuck Gomez, Assistant Engineer Date: May 24,1999 From: Aki R. Irani /27K: n Planner I l/ c:9' " Subject: Park Impact Fee Requirements ........-_.~"~. ..".~" The Park In-Lieu Fee required of the three (3) unit townhouse prof~ct(~t 1725Bucknall Road prior to .~ approval of the Final Parcel Map is $7,586.25. This fee is 75% of the reqmreOPark-ImpactEee.-whic1i is $10,115. The remainder (25%) of the Park Impact Fee is $2,528.75 and will be due prior to occupancy of the units. The Park Impact Fee is derived as follows: 3 units X $7,035: Credit for existing Single-Family Home: Park Impact Fee: $21,105 --$10,990 $10,115 Park In-Lieu Fee (Due Prior to Final Map Approval): Remainder of Park Impact Fee (25%): (Due Prior to Occupancy of Units) $7,586.25 $2,528.75 0\ . C"'1t t~' 06~ U ... o 0 ~ "' 1-.... "",~ 'O~CH^"O' City of Campbell -- Community Development Department 70 N. First Street, Campbell, CA 95008 MEMORANDUM To: William Seligmann, City Attorney Harold Housley, Land Development Engineer Date: April 23, 1999 From: Aki R. Iran~, '7} (J Planner I /J ^~ . Subject: Draft CC&Rs for the proposed 3-unit residential development at 1725 Bucknall Road Please find attached a copy of the Draft CC&Rs submitted by Marko Duchich for his proposed 3-unit residential development at 1725 Bucknall Road. The applicant is submitting them for the City's review in conjunction with the requirements of the conditions of approval of the project (PD Permit 98- 01 and PM 98-01). Also attached are copies of Resolution Nos. 9445 and 9446 which include the conditions of approval for the Planned Development Permit, allowing the 3-unit development, and for the Tentative Parcel Map, allowing the subdivision of the property. The conditions of approval are attached for your reference. Please review the attached information and provide your comments and/or edits on the attached Draft CC&Rs to me by Friday, April 30th. Should you have any questions regarding the attached information, please feel free to call me at ext. 2142. --.. 'r, CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT ENGINEER'S ESTIMATE Address: 1725 BUCKNALL ROAD Encroachment Pennil No_ 99-161 Dale: 5119/99 Application No_ ZC 98'()) PO 98.()1 PM 98'()1 ITEM UNIT PRICES FOR PROJECT AMOUNT NO_ DESCRIPTION UNIT QTY < $30 K $30 K 10 $150 K > $150 K $ AMOUNT I, SURFACE CONSTRUcnON MOBILlZA nON I LS 5 1,750.00 5 1,750,00 5 1.750.00 CONSTRUCTION TRAFFIC CONTROLCONTROUPHASING I LS 5 1,750.00 5 1,750.00 5 1,750.00 CONSTRUCTION STAKING I LS 5 500.00 5 500.00 $ 500.00 CONSTRUCTION TESTING I LS 5 1,500.00 5 1,500.00 5 1,500.00 II, DEMOLmON/CLEARING I. CLEARING & GRUBBING I LS S2,OOO.00 52,000.00 5 2.000.00 2. SAWCUT P.C.C.lA.C.(UP TO 6") 102 LF 54.50 53.00 52.00 5 45900 3. PC.C. REMOVAL SY S30.00 5Z3,00 510.00 4. CURB AND GUTfER REMOVAL LF $6.00 53.00 5Z.00 5. MEDIAN REMOVAL SF 54_50 5Z,25 51.25 6. DEMOLISH EXISTING INLET/PLUG RCP'S EA 5300.00 III, srORM DRAINAGE I. IZ" R.C.P. (CLASS V) 38 LF 560.00 $40.00 520.00 5 2,28000 2. 15" R.C.P. (CLASS III) LF $65.00 548.00 538.00 3. 18- R.C.P (CLASS III) LF 570.00 560.00 $5Z.00 4. Z4- R.C.P. (CLASS 111) LF 580.00 568,00 559.00 5, 30" R.C.P. (CLASS III) LF 590.00 575.00 $65.00 6. T. V. INSPECTION (IZ") 38 LF 5 1.20 $075 $0_60 5 45.60 7. STD. DRAINAGE INLET EA 51,60000 5UOO.OO 51,000.00 (C.C. DETAIL 9) 8. FLAT GRATE INLET I EA 51 AOO.OO 51,100.00 S900.00 5 1,40000 (C.C. DETAIL 6) 9. STANDARD MANHOLE I EA SZ.OOO.OO SI.6OO.00 SI.300.00 5 2,(J()()OO (C.S.J. DETAIL 0-11) (INCLUDES FRAME & LID) 10. BREAK AND ENTER MX/D.L EA 5700.00 5550.00 5450.00 Page 1 " I "" ITEM UNIT PRICES FOR PROJECT AMOUNT NO, DESCRIPTION UNIT QTY < 530 K 530 K to 5150 K > 5150 K 5 AMOUNT IV, CONCRETE IMPROVEMENTS I. SIDEWALK 204 SF 56,50 $4,50 $2,75 5 1,326.00 2, DRIVEW A Y APPROACH 320 SF 57,50 $5,50 S3. 75 5 2.400.00 3 CURB AND GUTIER 73.4 LF 522JXl 518JXl 515JXl 5 1.614.80 4, V ALLEY GUTIER SF 512,50 510,00 58.25 5. HANDICAP RAMP EA 51.200,00 5800,00 S700, 00 6, TYPE B-1 CURB LF S12,00 59.50 57.50 7. TYPE AI-B3 CURB LF S15,00 S12,00 SIO.OO 8, COBBLESTONE MEDIAN SURFACE SF 512,00 58,00 S5.00 9. pc.c. DRIVEWAY CONFORM SF 57,00 S5,50 $4,50 10. A,C. DRIVEWAY CONFORM 50 SF $4.50 U75 53.00 S 225.00 V. PAVEMENT I. ASPHALT D1GOUT AND REPLACE CF 52.00 53.50 52,50 2, PAVEMENT WEDGE CUT (6') LF 55.00 52,50 S 1.50 3, PAVEMENT GRINDING 580 SF 50,80 50,50 SO.35 S 464. (Xl 4. PAVEMENT FABRIC (PETRO-MAn 23 SY 52,00 SL85 5L50 5 -16,00 5. ASP HAL T CONCRETE (TYPE A) 34 T 580.00 $50,00 535,00 5 2,7:!O.OO (73.4)( 18)(0,33)(0,0775) 6. AGGREGATE BASE (CLASS 2) 85 T $40.00 S20.00 512,00 5 3,40000 (73.4)( 18)(0,92)(0,070) 7, SLURRY SEAL (TYPE II) SF so 07 50.06 SO,05 8, SLURRY SEAL (TYPE III) SF 50,1 J SO,09 SO.07 VI. TRAFFIC SIGNALS/LIGIITS I. DETECTOR LOOP (6' ROUND) EA $450.00 5300,00 S250.00 2, DETECTOR LOOP (6' x 30') EA 5650,00 5540.00 S440,00 3. DETECTOR LOOP (6' x 50') EA 5900.00 S750,00 S640.00 4. ELECTROLIER I EA 52,600.00 52,200,00 SI,800.00 S 2,60000 5. I 1/2" RIGID CONDUIT 40 LF 59.00 57.00 55.00 5 36000 6. 2" RIGID CONDUIT LF 517.00 513.00 SIOOO 7 CONDUCTOR 120 LF $0,70 SO.55 SOA5 5 8400 Page 2 ,'"" ITEM UNIT PRICES FOR PROJECT AMOUNT NO, DESCRIPTION UNIT QTY < S30 K S30 K [0 SI50 K > SUO K S AMOUNT 8 PULL BOX (NO, 3 1/2) 2 EA S300,00 S24O, 00 SI85,OO S 600.00 9 PULL BOX (NO, 5) EA S4OO,OO 5350.00 S300,00 VII. SI'RIPING AND SIGNS I. REMOVE PVMT, MARKINGS (PAINn SF $2,50 $ 1.50 $1,00 2, REMOVE PVMT, MARKINGS (THERMO) SF $3,00 $2.00 $1.40 3, REMOVE PVMT STRIPING LF SI.4O SO,80 SO,4O 4, STRIPING DETAIL 9 LF $ 1.35 SO,85 SO,35 4.5 STRIPING DETAIL 22 114 LF 52,25 51.65 5 256.50 5, STRIPING DETAIL 29 LF $2,25 $1.65 51.20 6. STRIPING DETAIL 32 LF $2,40 $175 $1.25 7. STRIPING DETAIL 37 (THERMO) LF $1.85 $ 1.50 51.00 8, STRIPING DETAIL 38 (THERMO) LF $2,50 $1.85 51.15 9. STRIPING DETAIL 39 LF SI.50 SO,85 SO.45 10, STRIPING DETAIL 40, LF 52,20 5170 Sl.00 II. LIMIT LINE LF $ 1.35 $1.05 SO,90 12, CROSSWALK LF $1.35 $1.05 SO,90 13. PAVEMENT MARKINGS (PAINn SF $2,50 51.90 $1.60 14, PA VEMENT MARKINGS (THERMO) SF $5.50 53.80 $2,60 15, PAVEMENT MARKER (NON-REFL,) EA $4,50 $3,00 $2,20 16. PAVEMENT MARKER (REFLECTIVE) EA 56,00 $4,15 $3.15 17. TYPE K MARKER EA $95,00 $80,00 570.00 18. TYPE N MARKER EA 595.00 580,00 570,00 19, SAL V AGE ROAD SIGN EA 585.00 $75.00 S6S.00 20, RELOCATE ROAD SIGN EA 5100,00 $85,00 $75,00 21 INST. RD. SIGN ON EXIST, POLE EA $200,00 SI45.00 S110,00 22, ROAD SIGN WITH POST EA 5300,00 5240.00 5195,00 23 STANDARD BARRICADE LF 515,00 Page 3 --- '-- ITEM UNIT PRICES FOR PROJECT AMOUNT NO, DESCRIPTION UNIT QTY < S30 K S30 K to SI50 K > SI50 K S AMOUNT VIII, LANDSCAPING I. IRRIGATION, PLANTING WORK 162 SF S8.00 S8.00 5 l,l96.00 2 PRUNE TREE ROOTS EA 5125.00 5100.00 S85,00 3. TREE REMOVAL EA 5650.00 S500.00 S4OO.00 4. ROOT BARRIER (12") LF 520.00 510.00 S6.00 5. ROOT BARRIER (18") 20 LF $25.00 515.00 510.00 5 50000 6. STREET TREE (15 GAL) 1 EA $450.00 5325.00 $250.00 S 45000 7. STREET TREE (36. BOX) EA S700.00 5550.00 S4OO.00 8. TOP SOIL BACKFILL 6 CY S20.00 S20.00 S IlO.OO IX. MISCELLANEOUS I. PEDESTRIAN BARRIER LF S75.00 $60,00 $50.00 l. CHAIN LINK FENCE (6') LF 515.00 511.50 $9.25 3. RAISE MISe BOX TO GRADE EA S300.00 5200.00 SI75.00 4. RAISE MANHOLE TO GRADE EA S4OO.00 S275 ,00 $200.00 5, INSTALL MONUMENT BOX EA $450.00 5350,00 S300.00 6. MEDIAN BACKFILL CY $19.00 SI7.00 S15.50 SUBTOTAL S32, 146.90 PREPARED BY: ~6:t 10% SECURITY ENFORCEMENT FEE $ 3,ll469 REVIEWED BY: TOTAL ESTIMATE FOR FAITHFUL S35,36159 APPROVED BY: PERFORMANCE SECURITY $35,.j()().OO .See Section 66499.4 of the Map Act, h: landdev\ I 725buck.xls(mp) Page 4 MAY 19 '99 01:.t~~5~8fANU.Aj A TI,...E COMPAN.. P.l/2 FAX COVER SHEET DATE: s- (1' ~ .9 '1 TO: ~:C.fi ~ PHONE: FAX: FROM: UctA_tnL- RE: 1J.~~ PHONE: (408) 5p8-1880 FAX: (408) 558~1886 ESCROW #: o<OC; / If'!? g- Number of pages including cover sheet SPECIAL INFORMATION ABOUT THIS FAX: The information contained in this facsimile message may be confidential, proprietary and/or legally privileged information Intended only for the use of the individual or entity named above. If the reader of this message is not the Intended recipient, you are hereby notified that any copying, dissemination, or distribution of confidentiill, proprietary or privileged information is strictly prohibited. If you have received this communication in error, please immediately notify the sender by telephone, and we will arrange for the return of the facsimile. Thank youl . '~ 2160 S. BASCOM AVE.. 13. CAMPBELL, CA 9500" (.we) 558-1880 · FAX: (408) 558-1886 rUctml'ftV, (01019') MAY 19 '99 01:15PM 4085581885 P.2/2 >JO,4 . lie No 20014478-030-A CTT SCHEDULE C LEGAL DESCRIPTION All that certain real property situate in the City of Campbel~ County of Santa Clara, State of California, described as follows; Beginning at an iron pipe on a line parallel with and distant 22 feet at right angles Southerly from the Northerly line ofBucknaIl Road, 40 feet wide, and distant thereon South 88029' West 1205 10 feet from a one-inch pipe at the intersection thereof with the Westerly line of the San Tomas Aquino Road, 40 feet wide, said point of beginning also being the Southwesterly comer of that parcel of land conveyed to Raymond A. Metzger, et ux, by Deed recorded July 14, 1955, Book 3224, Official Records, Page 423, Santa Clara County Records; thence along the Westerly line of said parcel conveyed to Raymond A Metzger, et we, North OD 09' East 200.00 feet to the Southwesterly corner of that certain parcel conveyed to George R Padelt, et ux, by Deed recorded August 27, 1957, Book 3876, Official Records, Page 178, Santa Clara County Records; thence along the Southerly line of said parcel conveyed to George H Padelt, et UX., and parallel with the Northerly line of said parcel conveyed to Raymond A. Metzger, et ux., North 87030' East 73.43 feet; thence parallel with the Westerly line of said parcel conveyed to Raymond A. Metzger, et ux., South 00 09' West 201 56 feet to an iron pipe on said line parallel with the Northerly line ofBucknall Road; thence along said parallel line South 88" 29' West 73.38 feet to the point of beginning, being a portion of the Quito Rancho and also heing a portion of that certain 0,142 of an acre parcel of land shown on the map of Records of Survey ofa portion of the land of Ray Metzger, which map is on file in the office of the Recorder of the County of Santa Clara, State of California, in Book 61, of Maps, Page 11. ARB No: 403-36-94 APN No; 403-60-014 ., MAY 19 '99 01:15PM 4085581RR5 P.2/2 ,.. No, 4 l'ile No 20014478-030-A CTT SCHEDULE C LEGAL DESCRIPTION All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows; Beginning at an iron pipe on a line parallel with and distant 22 feet at right angles Southerly from the Northerly line ofBucknall Road, 40 feet wide, and distant thereon South 88029' West 1205 10 feet from a one-inch pipe at the intersection thereof with the Westerly line of the San Tomas Aquino Road, 40 feet wide, said point of beginning also being the Southwesterly comer of that parcel of land conveyed to Raymond A Metzger, et ux, by Deed recorded July 14, 1955, Book 3224, Official Records, Page 423, Santa Clara County Records; thence along the Westerly line of said parcel conveyed to Raymond A. Metzger, et ux, North 0009' East 200.00 feet to the Southwesterly comer of that certain parcel conveyed to George R Padelt, et UX, by Deed recorded August 27, 1957, Book 3876, Official Records, Page 178, Santa Clara County Records; thence along the Southerly line of said parcel conveyed to George H. Padelt, et UX., and parallel with the Northerly line of said parcel conveyed to Raymond A. Metzger, et UX., North 87030' East 73.43 feet; thence parallel with the Westerly line of said parcel conveyed to Raymond A. Metzger, et UX., South 0009' West 201 56 feet to an iron pipe on said line parallel with the Northerly line ofBucknall Road; thence along said parallel line South 88029' West 73.38 feet to the point of beginning, being a portion of the Quito Rancho and also heing a portion of that certain 0.742 of an acre parcel ofland shown on the map of Records of Survey ofa portion of the land of Ray Met<:ger, which map is on file in the office of the Recorder of the County of Santa Clara, State of California, in Book 61, of Maps, Page 1 L ARB No: 403-36-94 APN No; 403-60-014 Traverse O/l./~. PARCEl- / pt # Northing Easting Function Angle Bearing Distance I 1000.00 1000.00 Traverse NE 0.0900 170.00 5 1170.00 1000.45 Traverse NE 87.3000 73.43 6 1173.20 1073.81 Traverse SW 0.0900 171.26 12 1001.94 1073.36 Traverse SW 88.2900 73.38 1 1000.00 1000.00 \ Traversed area is 12516 square feet or 0.29 acres. Press <ESe> to quit... R, =Cr-{ 1'_ '1' """ \,t ~ D - L. "".., .' ~' .i....._ MAR 2 ~ 1999 PUBlic w ACV~I"'I ' ORKS "'1.. SUiAlION ,,~ -~~~tu~~. '<' \ ' .....-- "', . '/ / <::" ' /..~ ;, IY;- '-,(' '/ (',' / </ \ j t .. dl "', V~\ / r..,/; \ v . "" '\i /-:\ / '-of...........\ J ( 1 ' ......,'"'\. / ,1",7, ~. .I L ""~:'''..N ~\-";.:", \, I' "" /1, , < 'I \ ;2 '\ IV:;I '(/) j ,1 '-, i;;~ I -'-, -I ... C.'f' ",i'.' t lI,'. \ l\ I ,~- I, ! ...r" . ( J r 1:' I j 1" l ".J , ..J - - , I' "'" I'S \ \.0 ' , I, I i-" r ~\J'\ L(~L 9-:;Q\-q~ II'! ,YP. /1 \ -f~ \, " ,,' \) \; ,/:- .if \\ " ,-.,,',\,- /.."''1 '~. '''>,'',- '-, I . ' ..' , ,>/ :<:'~:~~~:"':::::~~.-.l~it-~i ," Traverse PARCEL ~' Pt # Northing Easting Function Angle Bearing Distance 4 1114.33 1000.30 Traverse NE 0.0900 55.67 5 1170.00 1000.45 Traverse NE 87.3000 73.43 6 1173.20 1073.81 Traverse SW 0.0900 39.06 7 1134.14 1073.70 Traverse NW 89.5100 14.00 8 1134.18 1059.70 Traverse SW 0.0900 20.00 9 1114.18 1059.65 \ Traverse NW 89.5100 59.35 4 1114.33 1000.30 Traversed area is 3928 square feet or 0.09 acres. Press <ESe> to quit... MAR 2 4 1999 PUBLIC WORKS AOi"UNISHtATION .-/'( ~ .tf.<.<'~ \\0;- ,-,) / 0 ;7~" . I' \)~\ " , '/ . ?' '/: (,~" . )~/,l <. ^, . ,-.,.'. \ \/ : it!' ^' ~ ..' .,"/,.... 1" '1/ ',.::, ;' _:..; (I . : -t/ I~;~ /,,/ , ,0, ~ J c" 1 r , \;- , /) / 0) \.1 k:) ? \ !l- ..'\ "" -" \ (.'').\ '~.; :)'2.' \ ~\I, I rn I \,U \.;. - - ~ '.',)1/ fTl \ a.:. ' ',;\ ',;' ~ 'v J:-o I \ ~ E~p, 9-:jO'll\, " / / \,~ I '. '.'.' *A \ )" ' ': It.\ I , i "1 \ ,f',>. ,:c '\I \ \ k' ,.,~.",;" ,I. '..' .. .~. ....... I.. i,.l.o ~ 't; ~~ '. ~,.. ~"l' ,", j-._.--r v \~ /. '~:~17n\ \ \~ (',\;/ ,,'~ V~'~' RECE'VE.;D Traverse PARt:E.L '8' pt # Northing Easting Function Angle Bearing Distance 3 1060.83 1000.16 Traverse NE 0.0900 53.50 4 1114.33 1000.30 Traverse SE 89.5100 59.35 9 1114.17 1059.65 Traverse SW 0.0900 53.50 10 1060.67 1059.51 Traverse NW 89.5100 59.35 3 1060.83 1000.16 Traversed area is 3175 square feet or 0.07 acres. Press <ESe> to quit... RECEIVED MAR 2 4 1599 PUBLIC WORKS ADil.lNISTftA nON :~~, ".' . " \ ". "'i(~'; ';(VI'/':' ~, '< \ ~;--;tl" ,..,..::.:' ~~1/ ~'~ /.':"~ f"lj'.f;,;! ".'.'.-0 \" '." L .",",.\ I " \.....' , ~." _ ", "',/,J " j .~ l'\~' \ ~.,' ,. , <:j . '> \ (F; \' . . - ! '''-'' , ~;-\ \ .- \ . ,/) J' , . t ' '( - ?.. \. ,f ,I.. ' t. L n~ ~.. I r" I',." f.'. .'. ,,' I \,:-' .\ \CI ,::..!.; -'.' b.,. ) iT; j \ \.0 \ ' ,i, I :0 ,\CC \ Exp. ~<i.:.!-\)',i); !.f;;; j. \ ."'\ ;V"" ~. ,.', ' 1"', . ." \, /,.":..... I. ...., ' i {"'I'lL,.. ",,' ''-'\'1/ :~'~/' ,"1'.-......... ~,'~J,.""..r:.\\." '.,' ;.... ....~--"tf- ~", \' ".I: ,'-......' ~, __-'~ r- J..-" "'1 '." ,} ,,"!' "". " .",' .\ ' /. ...,;;;;,'. ......" /' ~~ Traverse PARCE.L- 'e' ./ pt # Northing Easting Function Angle Bearing Distance 2 1013.00 1000.03 Traverse NE 0.0900 47.83 3 1060.83 1000.16 Traverse SE 89.5100 59.35 10 1060.67 1059.51 Traverse SW 0.0900 46.10 11 1014.57 1059.38 Traverse SW 88.2900 59.38 2 1013.00 1000.03 \ Traversed area is 2787 square feet or 0.06 acres. Press <ESe> to quit... RECE1\/ED MAR 2 4 1999 PUBLIC WORKS AOMINISlRA liON t Traverse PAR. CE.L '0' 11 pt # Northing Easting Function Angle Bearing Distance 1 1000.00 1000.00 Traverse NE 0.0900 13.00 2 1013.00 1000.03 Traverse NE 88.2900 59.38 11 1014.57 1059.39 Traverse NE 0.0900 119.60 8 1134.17 1059.71 Traverse SE 89.5100 14.00 7 1134.13 1073.71 Traverse SW 0.0900 132.20 12 1001.93 1073.36 \ Traverse SW 88.2900 73.38 1 999.99 1000.01 Traversed area is 2626 square feet or 0.06 acres. Press <ESe> to quit... RcCE1\!ED MAR 2 4 19S9 PU:9LI(; wonKS A[).':;;~ISHiAnON ~WT';-~"'~ /', ',' < ,- I l ft '~ /f. ""'\":.' '! .' '~J l.Jj! ."', ,/" ',.' , ---1-- ",(' ." y - \ .. fII..' "" ,/ " :' (/<:j //\/.\.\ . '.' ~:A/' l', ~. '/' .,~ I ~~ '" I '1/1/ ..~:\, J/ '". / r ';'" \ \ ( ~ '. ';" \ I ,"'" ~, IJ ' ,', f ,'-0' /.1.; \ " \ " ' _ .'-"- / t-.. ' 'r', '. "'-7. \ , ," ,- ,..' I i ;~~ i U) r. ')'1 :'~ 9" 1 'i ....~.~ \.' I ..' \ ,,-,' ~- r::;: - I \ I,,, f' . ,\ : \ ,> "., i ':;: ~,." 'I,. / "! \1",. E "1 (. ., i..' ,~. . '1\ II /, .. Xt"', .. {.I'-' .... ~ . ',. '. .. \ . \ ',' ' ',i II.I~ 0 " ';'.' / \1': I! ~I' I / \~<\;?>~?E~:'~:\:\}/<:,:,::/ '-" ," , , '. ' ,/7 ~.~~..~~ ~~~~4/ .r FINA.NCIAL TITLE COMPANY ~__""e"'. '161 s.. _, Ilfe., ., Camp...... CA 95001 (401)"'1110 Fa (401) ~1_ EH1'Owom~ t"'bul.. Tl"lIibffljmrn PRELIMINARY REPOltT Ref. Nos RECEIVED MAR 2 4 1999 PUBLIc WORKS AOMINISTRATION ORDER NO~ :OOl4471~30-A crr Up"'. "' Properly Addnss: 1725 BuckDaU Road Campbell, CA APN; 403-60-<114 AJt.B~ 403-36J.>4. Mr. Marko Dudlicb 87S Emory AVeQ1R ClIDpbell, cA 9Se08 Aftft..~ In IUpllftSe to the =dIew: ~ ~:-;.. ~r III pDl~ aflld. j~ dlJf eo...,.., repGl15 t1mt it II p:rcpucd 1IIl ...... ~ ~ ~ II. i__. u of tile 411.hl ~ a Poll')' Of Polides of Tide :JunlClC d...nblaa1bf.lIIUlad _ aw. Of jPIlnSt 1bm:C1 ~.. fimiI. i..-ariq IlpiBIl Jm~ ..b:icll mo' ~ ,u..JMd by Ia!laII many dc:Iill;I. 11m or cgClllllbnNe ~ sho-.D or Ntemc1 m ti an ~!iOa -= or IIGt adtldld tIDm COVd&EC punilDIIt to Ik prwcd Sdle4Wu. COftdlri611S aDd StipuIII:iruu; at lIid PaIk.y.... Tha ptilllM ~I\n$ ad Exduieas hDa me co~ or:Saill Policy or Policica _ _ font. in U;bi~[ A 1U8daad. "-- read th. nr.epti... fIIo... or ""'...m III W.. ..... ~ ... ~"n'lIl tordll. Ea.ibh A otlbf$ hpGrt ardlU)'. ne deeptiou aD" adaIio... .... IP-Dt bI prav...,.. .... -*e ", .db!ir. ~ :ue 11_ ~ IIUIM th -., of'" title _nil. '91"=1 61" ..Bid !I.ClP'd'IIIy .Blid-.L b 1I1llp.,rtaDr 10 "or.t a. dIilI ..,........" p~ is Ht . WI'IQeIa .......fltin .. co * coaditio. of titft: 1M ..." ..ot 1M all u.u. ~. And ..8IlIlbl.- .~tide.. eM 11M. 1bIs tepoft <1Di., ~ brma) is iuoaI mIdy forlbe pllrpCIJC "fWl_, * ~~ of ~ polley ofliUe WUllalce aN bO Jillbllify it __~. Jfit is ~ IIa.r Iabilit1 ~ ...1JIDCIli prier'tO 'tbe: w.tClC' of a polley of titie ~ ll.5inda' or Q)mlllitlrneftl $bould be~. !he:fmn of poJq of title iDIura8cc Q)Dk:mp'-d by Ibis report is: ALtA Lender! Policy 0aJed u of reb~ry~, 1m II 7:30 &.Ill. lb. -=-- or ilPiaClt ill Ell&' taacl b~ I:lCllKilal orRfcmd ta ~ by lhb ~ i~: AnI ,.1t\.a 1.0 sNd __ QI' ~ It * ~ Iwmi l!: WlAe4lD; JoYall Vicf4vic, 811 "alllAJ1ied maD ad ItobertL. s,..h."", .. ....arrie4 .....4 Marko Duc&ich, a mAlTied 1U1a, as his tole allcltepanata p~perty, as teUIltl ia COBImOD The ~4 rcfCInQ to iA chi6 RqQn;lI ~ in the: ~ ofC~ CouIaly .nS.1I C1an. qd II 4..cft~ lU ~"5; ($. "l.,pl ~~on. Sdlac.fu]e c: aDac:becl) A1 the date Jmwf e~ 10 fO"fnP in addidoa to .. priDtIld Sxcaptiom wi ED::lIISians ill said po1h::y wauLi be those as sUwD on !he following pages- C1IIgI: ",v. "'- lDt No. 20014418-4:130-" en 1. TAXES far the;: fi~ ycall999-20001 . lien not yet clue or~abl.. RECEIVED MAR 2 4 1999 Z. Tax,s for the.fisc:al Yell' 1995.99~ a liaI,.DOt yet due <<payable. 1st Insta.11fftlmt $1.05S-55 Paid. 2nd.Inst~l1ftUm1 Sl,OS5.5S Open Assasors Parcel No- 4Q}..60-014 Code ADa 10-046 Land. S62~438,00 IMP $93,664.00 PP NONE PUBLIC WORKS AOMINISTfiATION &m1p NONE 3. The Jim of suppleml7mt~ tueS. if my.. ~ purJUIIIt to the proviskw of Cbapr<< 3.S~ (commmdng with Section 75) to 1be Revenue and. TaatioD Code of1he State otCalifomia.. 4. An el1$dDeftt ~ the por'licm of said 1md ad for the puIPOK slated hcr.m aM mc:id.eDta1 purposes as mown or d~ by 'Chc map filed for l1!lCOfd Auggst 17, 1955 iA Book 61 of Maps. at Page 11. For: A1fec:ts: f~ Sveet w The NortbIrly 10 fa![.of'dse Soulhedy 32 feet 5. A deed of truSt to secure an iDde~De$.S in the origiDlllmO\1n1: shcnm below, Dated : .August 9. 1988 AmQJ,lftt : S 1 57,500.00 Trustor: JovaD VicloviQ aDd &>bsrt L. Sd1ati=r qd Marko l)nemc.h Trustee : Bay View AufUMY CorporaIioD, a CalifOmia COIpenti.OD. BemtficWy = BayV'lCW PcGCDl Saviop ~ LoaD ASSOCiwOD., . ~cnd ~ Recorded: ~ 23,1918 iABook K 6S0, '.1075, Offidal R.ecMcb Ad.che3s : 2121 E. El Camino RI.ti, SuiIb 803. Sm ~ CA M40~-1897 LOaD No. ~ S94-1191.9IBGD~d 6. Rigbts of parties in JIO~on of saidllDd by rCILSOU ofUDItCordeclleae>>. 01 reuw a~~ if any. 7. AJ1y facts, rights, mu:rau or cWms which a ~ aurvey would show. NOTES: a.. If the land is an improved residentiallOI on which thole U lo~ a oue-tO-fow: family r_d<<l~ and eac.b ~ Buyer is a Na=aI pezsoa, ad.11Dless otherWise d~ we will issUe the &tended CovcraIe CLTA JoIameawnas Policy of Tille Insurance- b. Date last insu:ed= 8..23.88 Papl ~. No. 200144~A err e. Tbi, report does Qat Nfla:t mqu&SI:S for notice of default,. DXlUGlti for notic;o til.liwl~Y ~ subseqwmt lI'aDSfers af ~fn1!t11UA simUar DUIl1.1:ft not~ t6 the isswmCe of the policy of title ~ amicipaad hlmllldcr. d. Ifthb COmplllY is teCfucatcG to &tnIne fImck iI\ eo~ -tdl this 1!BIISactioa, Chapter :598 ot 1989 MaDdate~ of1he Cuf"omia ~ Code teqUitet hold periods for checb c!l:posited to escrow or $\J\>.a~'" at(:OUIll5. Such periods very ckpeadi"K upon the type of cbcck aad anticipared XMthods of deposit shoul4 be discussed ~th the escrow GtUcer. e. No encioIsem.=n isSQe4 ilL ~OD. \\lith the pol1CY afl4 JeIa!iDC to COV~) CODditicus OJ' restricticms provideS covtQP for =Mr'V'n:leutal. ~ f. According to the public records. no Deeds conveying the propertY d.$ribcd ill this tepOtt have been recorded within a period Qf twQ (2) yci.rs prior ro the data ofthi, r~ ~ !ill sbowIl J1e:=m.. NONE RECEiVED MAR 2 it 1999 PUBLIC WORKS ADMiNISTRATION ~ Rlt~. 2OO14411.03O-A ctT $CBEPUJ.,B e LEGAL DISCJ.IP11ON AU that cett.ain real prop~ si!Uate in the City of Campbell. CouDty afSULta ~ StAte of Califomi&, dasc::ribed as follows: BegiMing at at! i:oQ pi,. on & li= paraI1e1 wiTh aDCl di$tal:22 feet at rl&h't aucIa Soutkaly from the Nordtedy line ofBuck:nalllload, 40 feet wiGe,.. 4isWat1hc:reor& South 81019' West 120S.10 feel from & one.ind1 pipe at the i:ater$ection ~f'with the Westld:y liDc oftbe San Tomu Aql.IinQ R,t)ad, 40 faet wide; $Sid point ofbeginAiftg aldO beiDg me So~tcomar oftbat plnlel of 1aDcl c:onvcycd. to Raymond. A. MeCzger~ et we, by ~ ~.July 14. 19S5t Boak 32.Z4, OfIic:ial !lecoEds, Pap 423~ SlIDta Clara Couraty ReGord'i 1h=e alcmg the Westerly w,e of said pared couveyed. to J,aymond. A. Meager, et we. Notth O. 09' East 200.00 fat to tbe Sowbwe5tldy come oftbat ~ paPl convcycci to George H. Pa4e~ et UX"7 by Deecl xecord.M Av.pst 21, 1'57, Buok 31'6. 0fIkW R.:cords~ Page 178, Santa Clara Coumy ~ th.$.e :alttll8 the Soutlwdy line of said ~ ~veyccl to Georg. H. Padelt, et {IX., and. parallel with rhe Ncmhedy 1iDc of'saicl ~ ccmveycd 1D Raymond. A. ~~ et ux" North 17C130' East 73.43 fccC; \hence ~ with the W.,.ly llJ1e ot Aid pam:l t!OIl.~erJ to Raymcmd A. Mctzger~ et~, South O. 09' West 201.56 _ to aD imr1 pipe OD said tiw= panllQ .nth the Northerly line ofBuclanUl RDICi; the;nee .tong Mid paralld line South 8S. 2,. West 73.38 fMt to the point ofbepuul'lg, beiDJ a portion of the Quito Rancho and. also beD:li a,porUonofthatClrtainQ.742 of an aae parcel Qflal\d. ShOwn gn Cbe map of~OIdS of Survey ofa prm1QD of the land of Ray Metz;er~ Yo'bich map is OD file in the of&c of tlIe R.eeonler cf1he County en SQra. Clara,. State of Ca.1ifOtnia. in Book 61. of Maps, Page 11. A.RB ~.(l: 40~-36-94 APN Nft: 4Q1-6~14 RECEIVED MAR 2 4 1999 :U811C WOt:l....s OMlNIB H1A lION MEMORANDUM .. ~.ii ~ I:r~ani, Planner I J~mSley r1Uty City Clerk Qjtober 22, 1998 To: From: Date: Subject: Ordinance 1973 - Zone Change - 1725 Bucknall Road At the regular meeting of October 20, 1998, the City Council adopted Ordinance No. 1973 approving a Zone Change (ZC 98-01) from R-1 (Single-family Residential) to PD (Planned Development) for property located at 1725 Bucknall Road. A certified copy of this Ordinance is attached for your records, together with a copy of the letter written to the applicants. The Ordinance will be published in the Campbell Express on October 28, 1998. O\,'C4~ r..~~' ;O~(\'I ... r" U t"'" .. . .. .... 1- "- ~. ,,' O~CHAV.l>. CITY OF CAMPBELL City Clerk's Office October 22, 1998 Mr. Marko Duchich, Mr. John Vidovich and Mr. Bob Shafer 875 Emory Avenue Campbell, CA 95008 Dear Mr. Duchich, Mr. Vidovich and Mr. Shafer: At the regular meeting of October 20, 1998, the City Council adopted Ordinance No. 1973 approving a Zone Change (ZC 98-01) from R-l (Single-Family Residential) to PD (planned Development) for property located at 1725 Bucknall Avenue. This Ordinance will become effective 30 days from the date of adoption. Please fmd a certified copy of Ordinance 1973 enclosed for your records. Should you have any questions in regard to the City Council's action, please do not hesitate to contact this office (866-2117) or Aki Irani, Planner 1. Sincerely, Enc. cc. Aki Irani, Community Development Department 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2117 . ::AX 408.374.6889 . TDD 408.866.2790 ORDINANCE NO. 1973 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING THE ZONING MAP FOR PROPERTY LOCATED AT 1725 BUCKNALL ROAD, AS SHOWN ON THE A TT ACHED EXHIBIT A, APPLICATION OF MR. MARKO DUCHICH, MR. JOHN VIDOVICH AND MR. BOB SHAFER. FILE NO. ZC 98-01. 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. Marko Duchich, Mr. John Vidovich and Mr. Bob Shafer, for approval of a Zone Change for property located at 1725 Bucknall Road, from R-1-6 (Single Family Residential) to PD (Planned Development). SECTION TWO: 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 the Campbell Express, 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: 20th day of October , 1998, by the AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Conant, Furtado, Dougherty, Watson Dean None None APPROVED: Je /}~ ATTEST: ~ ~ Anne Bybee, City lerk 'J"~Ni IS ,,~ FOREGOHlG INS~1'\~';'-"HE ORIGI ,HE EeT COP, ,_ AtlO COR~ i~\\S OffiCe. _. ,..:..c Ol1"t 01'1 FILE 'EE Cln' ~~ tolE a'lB . p,'Tl'fEST: AN CA\..lj'()RItlA. '''''AMPaEL\... t 0,\ '" :,' 6'1 T' <. (.."0 ~iJL 33/2 i , I ,-M I ".....S'CHOC)L (\j (\j 9 "JS o '" /20 L "I ~/, ::..; ;/2 5 z <:: ~~U) 'CO :41319 I I , 7/ J 6 II) CJ SHOPPING CENTER 138/56 ~ 1725 Bucknall Road T "A" -- ZC 98-01 EXHIBI R-1-6 (Single- Zone Chan~e frt?T) to PD (Planned Family Reslden la Development) zone. :.00/24/ : 65/;- '38/"3 o z ~ o < 19C I 318/40 I I 'I r"':. ' o , Miel 1/7":' I I I II , Rlnc m.f"iJm'. I 0 I I \ I rTTTTITT U) < ~ o .... C'l " 01 ..., ~ o I~ c: o " ~ c a:: MEMORANDUM To: Aki Irani, Planner I Community Development Department \ L~ J a~'liemsley De~ty City Clerk 1 I October 7, 1998 RECEIVED OCT 0 8 1998 CITY OF CAMPBELL PLANNING DEPT. From: Date: Subject: Zone Change, Plann~d Development Permit and Tentative Parcel Map for property located at 1725 Bucknall Road At the regular meeting of October 6, 1998, the City Council held a public hearing to consider the application of Mr. Marko Duchich, Mr. John Vidovich, and Mr. Bob Shafer for a Zone Change, Planner Development Permit and Tentative Parcel Map for property located at 1725 Bucknall Road. After due consideration, the City Council took the following action: 1. Granted a Negative Declaration for the proposed project; 2. Gave first reading to Ordinance 1973 approving a Zone Change (ZC 98-01) of the property from R-1 (Single-family residential) to PD (Planned Development); 3. Adopted Resolution 9445 approving the Planned Development Permit, subject to the Conditions of Approval, for property located at 1725 Bucknall Road; and 4. Adopted Resolution 9446{pproving the Tentative Parcel Map, subject to the Conditions of Approval, for property located at 1725 Bucknall Road. Please find a certified copy of these Resolutions attached for your records, together with a copy of the letter written to the applicants in follow up to the City Council's action. Of'C.4~ . ;0 ,.... . "'(' ~ '" >,.I,..,,.,"~ (\'I ...... ..l.'"j. '~)~..~-~-~~. r '1' A '" .. ; t"'" .. "- oS- "- <t ~' 'O~CHA"l> CITY OF CAMPBELL City Clerk's Office October 7, 1998 Mr. Marko Duchich, Mr. John Vidovich and Mr. Bob Shafer 875 Emory Avenue Campbell, CA 95008 Dear Mr. Duchich, Mr. Vidovich and Mr. Shafer: At the regular meeting of October 6, 1998, the City Council held a public hearing to consider your application for approval of a Zone Change, a Planned Development Permit, and a Tentative Parcel Map to allow the construction of three residential units for property located at 1725 Bucknall Road. After due discussion and consideration, the City Council took the following action: 1. Granted a Negative Declaration for the proposed project; 2. Introduced Ordinance No. 1973 approving a Zone Change of the property located at 1725 Bucknall Road from R-1 (Single-family residential) to PD (planned Development). Second reading of this Ordinance will be heard at the regular City Council meeting of October 20, 1998, and the Zone Change will become effective thirty days from that date. This office will send you a certified copy of Ordinance 1973 after it has received second reading. 3. Adopted Resolution 9445 approving the Planned Development Permit (pD 98-01) for property located at 1725 Bucknall Road, subject to the attached Conditions of Approval. Please find a certified copy of this Resolution enclosed for your records. 4. Adopted Resolution 9446 approving the Tentative Parcel Map (pM 98-01) for property located at 1725 Bucknall Road, subject to the attached Conditions of Approval. Please find a certified copy of this Resolution enclosed for your records. continued ... 70 North First Street' Campbell, Califorp;a 95008.1423 . TEL 408.866.2117 . FAX 408.374.6889 . TOO 408.866.2790 Page 2 Please do not hesitate to contact this office (866-2117) or Aki Irani, Planner I, Community Development Department, should you have any questions in regard to the City Council's action. Sincerely, ~d:~ ~~Ybee City Clerk Enc. cc. Aki Irani, Community Development Department RESOLUTION NO. 9445 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT (PD 98-01) TO ALLOW THE CONSTRUCTION OF THREE RESIDENTIAL UNITS ON PROPERTY LOCATED AT 1725 BUCKNALL ROAD IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. MARKO DUCHICH, MR. JOHN VIDOVICH AND MR. BOB SHAFER. FILE NO. PD 98- 01. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, pt:oponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council finds as follows with respect to application PD 98-01: 1. The proposed Planned Development Permit is consistent with the Land Use Element of the General Plan. 2. The proposed density of 8.89 units per gross acre is no greater than the density allowance of 14-20 units per gross acre as permitted under the General Plan land use designation of Medium Density Residential for the project site. 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. 4. The provision of a maintenance agreement and CC&Rs requiring the formation of a homeowner's association is necessary to ensure the long term property maintenance and continued architectural integrity of the project. 5. An initial study was prepared for this project and no significant environmental impacts were found. Based upon the foregoing findings of fact, the Planning Commission 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 uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. City Council Resolution PD 98-01 - 1725 Bucknall Road - DuchichNidovich/Shafer Page 2 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 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. No substantial evidence has been presented which shows that the project, as currently presented, and subject to the required conditions of approval, will have a significant adverse impact on the environment. 6. No evidence has been presented which shows that the project will have a substantial impact on plant or animal life. Further, the applicants are notified as part of this application that they are required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California which pertain to this application and are not herein specified. And, that this approval is granted subject to the following Conditions of Approval. COMMUNITY DEVELOPMENT DEPARTMENT 1. Approved Proiect: Approval is granted to construct a 3-unit townhouse development consisting of one detached unit facing Bucknall Road and two attached units at the rear of the property located at 1725 Bucknall Road. The building designs shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval herein: A; Site plan and conceptual landscape plan prepared by Lynne Birch, Architect, dated as revised on August 17, 1998. B. Building elevations and floor plans prepared by Lynne Birch, Architect, dated as revised on August 17, 1998. C. Color/material board and colored elevations submitted by Lynne Birch, Architect. D. Tentative Parcel Map prepared by Steve Arnold, Civil Engineer, dated as revised on August 14, 1998. City Council Resolution PD 98-01 - 1725 Bucknall Road - DuchichlVidovich/Shafer Page 3 2. Building Details and Colors: A. The applicant shall provide an alternate color scheme (including colors for the body of the building, trim and roof tiles) for one of the two buildings to encourage variation within the project. The alternate color scheme shall be reviewed and approved by the Community Development Director prior to issuance of building permits for the site and shall be a color scheme which is compatible with the proposed building and surrounding neighborhood. B. The applicant shall provide supplemental design features (i.e. addition of decorative tiles on the building) as an enhancement to vary the appearance between the detached and attached units. The supplemental design features shall require review and approval by the Community Development Director prior to installation. C. The recessed windows shall be recessed a minimum depth of 3 inches from the outer wall of the building to provide a sense of depth from the building. 3. Building Division Requirements: The following conditions are based upon occupancies most closely resembling single-family residences (R-3) and private garages (V-I): A. Provide one (1) hour protection for roof framing members within five (5) feet of the property line (where framing is parallel) as a substitute for a parapet at the common property line between the townhouses per UBC 709.4.1. No openings are permitted in the roof in this area. B. Provide a modified one (1) hour separation between residences and garages. No combustible penetrations permitted in these separations per UBC 302.4. C. The applicant shall provide a copy of the conditions of approval for the project to be printed on the cover sheet of the plans submitted for any building permits for the project. D. Applicant shall comply with all Building Code requirements and obtain necessary permits as determined by the City's Building Division. 4. Landscaping: A. The applicant shall submit a landscape and irrigation plan to be reviewed and approved by the Community Development Director prior to issuance of any building permits for the site. The landscape and irrigation plans shall designate all landscaped areas to be "commonly" maintained throughout the development. City Council Resolution PD 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer Page 4 B. Removal of any trees shall require replacement of trees on site in accordance with City's Water Efficient Landscape Standards (WELS). C. All landscaping installed as required per the approved landscape plan shall be maintained in good health. D. The minimum width of the planting area of the planter strip along the east side of the property adjacent to the common driveway shall be two (2) feet. 5. Parking and Driveway: All parking and driveway areas shall be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. !~~ Covenants, Codes and Restrictions (CC&Rs): The applicants shall be required to submit for review and approval by the City Attorney, City Engineer and Community Development Director a copy of the maintenance agreement and CC&Rs which shall include the following: A. Formation of a home owner's association to ensure the long term maintenance of buildings and properties. B. Continued architectural controls to ensure the architectural integrity of the project. C. Description and map illustrating "common" areas to be maintained. D. Provision of maintenance for "common" landscaping within the project site by the homeowner's association. E. Provision for the long term property maintenance for the driveway, buildings and common roofs to be repaired, repainted, and/or replaced as necessary. F. Provision of a funding mechanism to ensure maintenance and upkeep of "common" areas and shared building walls and roofs. G. Naming of the City as a third party beneficiary with the opportunity to lien properties for , any breach of the maintenance agreement and CC&Rs. H. Provision that the garages in the three units be maintained in such a way that they are available for the parking of vehicles at all times. 7. Park Impact Fee: A park impact fee of $7,035 per unit for a total of $21,105 is due upon development of the townhouse project. Credit in the amount of $1 0,990 will be given for the existing single-family residence. Full payment of this fee is due prior to issuance of a certificate of building occupancy. 8. Fences: The applicants shall install a low (maximum 3.5 feet in height) wrought-iron fence with stucco pilasters capped with tile along the front property line of the project facing Bucknall Road. Any newly proposed fencing shall comply with Section 21.59.090 of the Campbell Municipal Code and shall be submitted for review and approval by the Community Development Department. City Council Resolution PD 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer Page 5 9. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 10. Location of Mechanical Equipment: No mechanical equipment, i.e. air conditioning units, shall be located within the common lot or within commonly maintained areas of the project site. 11. Utility Boxes and Back-Flow Preventers: Applicant to submit a plan prior to installation of PG&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 Division. l2. Trash DisposalJRecvcling: 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. 13. On-site lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. 14. Garages: The developers shall add language to the CC&Rs which mandates that garages be maintained at all times in such a way that they are available for the parking of automobiles. CENTRAL FIRE DISTRICT: 15. Required Access to Water Supply (Hydrants): Portions of the structure(s) are greater than 1 ~O feet of travel distance from the centerline of the roadway containing public fire hydrants. Provide an approved residential fire sprinkler system throughout all portions of the building of Lot C. PUBLIC WORKS DEPARTMENT: 16. Revision to Tentative Parcel Map: Prior to submittal of the Final Parcel Map for review, the following shall be included on the Tentative Map: · City of San Jose/City of Campbell City limit line · Drainage pattern for lots and any lot to lot drainage easements needed. · Removal of the P.S.E. designation on Parcel "D" 17. Final Parcel Map: Prior to issuance of any building permits for the site, the applicant shall submit a Final Parcel Map for recordation upon approval by the City. The current plan check fee is $1,060 plus $25 per parcel. City Council Resolution PD 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer Page 6 18. Preliminary Title Report: Prior to recordation of the Final Parcel Map, the property owner shall provide a current Preliminary Title Report. 19. Right-of-Way for Public Street Purposes: Prior to recordation of the Final Parcel Map, the property owner shall grant 30 feet of right-of-way for public street purposes along the Bucknall Road frontage. The acceptance of this right-of-way will require City Council approval. 20. Easements: Prior to recordation- of the Final Parcel Map, the property owner shall cause easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc., as necessary. 21. Street Improvements: Prior to recordation of the Final Parcel Map, the applicant shall execute a Street Improvement Agreement and shall cause plans for public street improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the improvements, as required by the City Engineer. The plans shall include the following: · New curb and gutter with curb face at 20 feet from centerline. · New pavement to centerline of required right-of-way plus an additional distance of about 2 feet to 4 feet to conform to existing pavement elevations based on a Traffic Index of 7.5 and an R value provided by a qualified soils engineer. · New separated five foot sidewalk on the north side ofBucknall Road. · One new public street light. · Landscape and irrigation system for street trees and landscaping in the parkway. · New traffic control signs and pavement strips on Bucknall Road as determined by the , City Engineer. · All water meters and sewer clean-outs on private property. 22. City of San Jose Permit: All utility connections to facilities located within the city limits of San Jose will require a permit from San Jose. .23. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility company, and shall provide evidence from all utilities that the proposed development can be served and that the public utility easements are adequate. City Council Resolution PD 98-01 - 1725 Bucknall Road - Ducmch/Vidovich/Shafer Page 7 24. Utility Installation Plan: Prior to issuance of building permits, the applicant shall submit a Utility Installation Plan and Schedule for approval by the City Engineer for installation or abandonment of all utilities and service connections. Streets which have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations and will also require a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. 25. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street improvements required by the street improvement agreement and the encroachment permit must be completed and accepted by the City and the applicant must provide a one-year Maintenance Security in an amount of25% of the Faithful Performance Bond. 26. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18, 33, and Appendix Chapter 33. 27. Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall pay the required Storm Drain Area fee. The current fee is $ 2,000 per acre or $ 464.00. 28. National Pollution Discharge Elimination System: The applicant shall comply with the Santa Clara Valley Water District (SCVWD) Best Management Practices and Title 14 of the Campbell Municipal Code concerning storm water pollution prevention. 29. Demolition: Prior to recordation of the Parcel Map, the applicant shall obtain a demolition permit from the Building Division and remove all structures that would be in violation of the Municipal Code if the Parcel Map were recorded prior to removal of the structures. City Council Resolution PD 98-01 - 1725 Bucknall Road - DuchichNidovich/Shafer Page 8 PASSED AND ADOPTED this 6th day of October , 1998, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Conant, Furtado, Watson Dean Dougherty None ATTEST: APPROVED: a~ J Anne Bybee, City Clerk e'1'''' \",,'l~ IS A TRUE THE FORfGOI'JG I~;'" 'r,,, 'THE ORIGINAL. .'0 CORREC'T C" "C" A" HIS 01 ,. .. 0fI FILE IN T ' . CLERK. ClT't v"eE CIT'I' Io.NHe E',;; , A 51: 'CALI FORNII'.. OF AhlPBE\..L, RESOLUTION NO. 9446 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL, APPROVING A TENT A TNE PARCEL MAP TO ALLOW THE CREATION OF THREE RESIDENTIAL LOTS AND A COMMON LOT AND AUTHORIZING THE CITY CLERK TO ACCEPT DEDICATION OF RIGHT-OF-WAY FOR PUBLIC STREET PURPOSES ON PROPERTY LOCATED AT 1725 BUCKNALL ROAD IN A PD (pLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. MARKO DUCHICH, MR. JOHN VIDOVICH AND MR. BOB SHAFER. FILE NO. PM 98-01. After notification and public hearing,. as specified by law, 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 application PM 98-01: 1. The proposed subdivision density of 8.89 units per gross acre is no greater than the density allowance of 14-20 units per gross acre permitted in the Medium Density Residential land use shown on the Land Use Element of the General Plan. 2. An initial study was prepared for this project and no significant environmental impacts were found. 3. The provision of a maintenance agreement and CC&Rs requiring the formation of a homeowner's association is necessary to ensure the long term property maintenance and continued architectural integrity of the project. 4. Dedication for public street purposes is necessary to provide for and promote the orderly devel9pment of the project. 5. The City Clerk is authorized to accept the required dedication for public street purposes. Based upon the foregoing findings of fact, the Planning Commission 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. City Council Resolution PM 98-01 - 1725 Bucknall Road - DuchichlVidovich/Shafer Page 2 3. No substantial evidence has been presented which shows that the project, as currently presented, and subject to the required conditions, will have a significant adverse impact on the environment. 4. No evidence has been presented which shows that the project will have a substantial impact on plant or animal life. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with .the ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT 1. Approved Proiect: Approval is granted for a Tentative Parcel Map allowing the creation of three (3) residential lots and a common lot for the development of a townhouse project on property located at 1725 Bucknall Road. The map shall substantially conform to the map prepared by Steven Arnold, Civil Engineer, dated as revised on August 14, 1998, except as may be modified by the Conditions of Approval herein. 2. Property Maintenance: The property shall be maintained free of any combustible trash, debris and weeds, until the time that actual construction commences. All existing structures on the property shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property. 3. Park In-Lieu Fee: Applicant to pay a fee in-lieu of park dedication prior to recordation of the final subdivision map. 4. Park Impact Fee: Applicant shall be advised that a park impact fee is required in addition to the Park In-Lieu Fee prior to occupancy of any of the townhouse units. Credit shall be given for the existing single-family residence on the property. 5. Tree ProtectionlReplacement Plan: Applicant to submit a tree protection plan for approval by the COIP.munity Development Director addressing retention of existing trees and replacement of removed trees consistent with the Water Efficient Landscaping Standards (WELS) prior to issuance of building permits. City Council Resolution PM 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer Page 3 6. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to submit for review and approval by the City Attorney, City Engineer and Community Development Director prior to recordation of the final parcel map a copy of the CC&Rs which includes the following. A. Formation of a home owner's association to ensure the long term maintenance of buildings and properties. B. Continued architectural controls to ensure the architectural integrity of the project. C. Description and map illustrating "common" areas to be maintained. D. Provision of maintenance for "common" landscaping within the project site by the homeowner's association. E. Provision for the long term property maintenance for the driveway, buildings and common roofs to be repaired, repainted, and/or replaced as necessary. F. Provision of a funding mechanism to ensure maintenance and upkeep of "common" areas and shared building walls and roofs. G. Naming of the City as a third party beneficiary with the opportunity to lien properties for any breach of the maintenance agreement and CC&Rs. H. Provision that the garages in the three units be maintained in such a way that they are available for the parking of vehicles at all times. PUBLIC WORKS DEPARTMENT: 7. Revision to Tentative Parcel Map: Prior to submittal of the Final Parcel Map for review, the following shall be included on the Tentative Map: . City of San Jose/City of Campbell City limit line . Drainage pattern for lots and any lot to lot drainage easements needed. . R,emoval of the P.S.E. designation on Parcel "D" 8. Final Parcel Map: Prior to issuance of any building permits for the site, the applicant shall submit a Final Parcel Map for recordation upon approval by the City. The current plan check fee is $1,060 plus $25 per parceL 9. ,Preliminarv Title Report: Prior to recordation of the Final Parcel Map, the property owner shall provide a current Preliminary Title Report. 10. Right-of-Way for Public Street Purposes: Prior to recordation of the Final Parcel Map, the property owner shall grant 30 feet of right-of-way for public street purposes along the Bucknall Road frontage. The acceptance of this right-of-way will require City Council approval. City Council Resolution PM 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer Page 4 ll. Easements: Prior to recordation of the Final Parcel Map, the property owner shall cause easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc., as necessary. 12. Street Improvements: Prior to recordation of the Final Parcel Map, the applicant shall execute a Street Improvement Agreement and shall cause plans for public street improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the improvements, as required by the City Engineer. The plans shall include the following: · New curb and gutter with curb face at 20 feet from centerline. · New pavement to centerline of required right-of-way plus an additional distance of about 2 feet to 4 feet to conform to existing pavement elevations based on a Traffic Index of 7.5 and an R value provided by a qualified soils engineer. · New separated five foot sidewalk on the north side ofBucknall Road. . One new public street light. · Landscape and irrigation system for street trees and landscaping in the parkway. · New traffic control signs and pavement strips on Bucknall Road as determined by the City Engineer. · All water meters and sewer clean-outs on private property. 13. City of San Jose Permit: All utility connections to facilities located within the city limits of San Jose will require a permit from San Jose. 14. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility comp~y, and shall provide evidence from all utilities that the proposed development can be served and that the public utility easements are adequate. 15. Utility Installation Plan: Prior to issuance of building permits, the applicant shall submit a Utility Installation Plan and Schedule for approval by the City Engineer for installation or abandonment of all utilities and service connections. Streets which have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations and will also require a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. 16. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street improvements required by the street improvement agreement and the encroachment permit must be completed and accepted by the City and the applicant must provide a one-year Maintenance Security in an amount of25% of the Faithful Performance Bond. City Council Resolution PM 98-01 - 1725 Bucknall Road - Duchich/Vidovich/Shafer Page 5 17. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18, 33, and Appendix Chapter 33. 18. Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall pay the required Storm Drain Area fee. The current fee is $ 2,000 per acre or $ 464.00. 19. National Pollution Discharge Elimination System: The applicant shall comply with the Santa Clara Valley Water District (SCVWD) Best Management Practices and Title 14 of the Campbell Municipal Code concerning storm water pollution prevention. 20. Demolition: Prior to recordation of the Parcel Map, the applicant shall obtain a demolition permit from the Building Division and remove all structures that would be in violation of the Municipal Code if the Parcel Map were recorded prior to removal of the structures. CENTRAL FIRE DISTRICT: 21. Required Access to Water SUPl'ly (Hydrants): Portions of the structure(s) are greater than 150 feet of travel distance from the centerline of the roadway containing public fire hydrants. Provide an approved residential fire sprinkler system throughout all portions of the building of Lot C. PASSED AND ADOPTED this 6th day of vote: October , 1998, by the following roll call AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Conant, Furtado, Watson Dean Dougherty None ATTEST: APPROVED: ~ FOREGO'NG INSTRUMENT IS A TRUE "NO CORRECT COpy OF THE ORIGINAL Ol!l FILE IN THIS OFTIC" 'r~ 2J ~ " .~- MEMORANDUM TO: ----,Ald Irani, Project Planner CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT / DATE: August 17, 1998 REVISION #2 FROM: Michelle Quinney, City Engineer ~\fL .1 / --' Harold Housley, Land Development Engineer 1fV PUBLIC WORKS DEP ARTl\tIENT CONDITIONS OF APPROVAL Site Address: 1725 Bucknall Road For File No(s): ZC 98-01; PD 98-01; PM 98-01 Project Description: Construct 3 Townhomes on Property Applicant: Lynne Birch C ERevision to Tentative Parcel Map: Prior to submittal of the Final Parcel Map for review, the following shall be included on the Tentative Map: · City of San Jose/City of Campbell City limit line · Drainage pattern for lots and any lot to lot drainage easements needed. · Removal of the P.S.E. designation on Parcel "D" c 6- Final Parcel Map: Prior to issuance of any building permits for the site, the applicant shall submit a Final Parcel Map for recordation upon approval by the City. The current plan check fee is $1,060 plus $25 per parcel. LI Preliminary Title Report: Prior recordation of the Final Parcel Map, the property owner shall provide a current Preliminary Title Report. CE Ri~ht -of- Way for Public Street Purposes: Prior to recordation' of the Final Parcel Map, the property owner shall grant 30 feet of right-of-way for public street purposes along the Buckall Road frontage. The acceptance of this right-of-way will require City Council approval. -" Cf! Easements: Prior to recordation of the Final Parcel Map, the property owner shall cause easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc., as necessary. Page 1 of 3 -",., /".~ PUBLIC WORKS DEPARTMENT CO.Ml\1ENTS AND PRELIl\1INARY CONDITIONS OF APPROVAL Site Address: 1725 Bucknall Road For File No(s): ZC 98-01; PD 98-01; PM 98-01 Project Description: Construct 3 Townhomes on Property Applicant: Lynne Birch C E-Street Improvements: Prior to recordation of the Final Parcel Map, the applicant shall execute a Street Improvement Agreement and shall cause plans for public street improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the improvements, as required by the City Engineer. The plans shall include the following: · New curb and gutter with curb face at 20 feet from centerline. · New pavement to centerline of required right-of-way plus an additional distance of about 2 feet to 4 feet to conform to existing pavement elevations based on a Traffic Index of 7.5 and an R value provided by a qualified soils engineer. · New separated five foot sidewalk on the north side of Bucknall Road. · One new pubfic street light. · Landscape and irrigation system for street trees and landscaping in the parkway. · New traffic control signs and pavement strips on Bucknall Road as determined by the City Engineer. · All water meters and sewer clean-outs on private property. City of San Jose Permit: All utility connections to facilities located within the city limits of San Jose will require a permit from San Jose. L( Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility company, and shall provide evidence from all utilities that the proposed development 'can be served and that the public utility easements are adequate. Utility Installation Plan: Prior to issuance of building permits, the applicant shall submit a Utility Installation Plan and Schedule for approval by the City Engineer for installation or abandonment of all utilities and service connections. Streets which have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations and will also require a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street improvements required by the street improvement agreement and the encroachment permit must be completed and accepted by the City and the applicant must provide a one- year Maintenance Security in an amount of 25 % of the Faithful Performance Bond. Page 2 of 3 , 'V ,'.:/ /",. '. " PUBLIC WORKS DEP ARTl\1ENT COMMENTS AND CONDITIONS OF APPROVAL Site Address: 1725 Bucknall Road . For File No(s): ZC 98-01; PD 98-01; PM 98-01 Project Description: Construct 3 Townhomes on Property Applicant: Lynne Birch PREL.Il\1INARY " Gradinl? and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18, 33, and Appendix Chapter 33. Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building pennits for the site, the applicant shall pay the required Storm Drain Area fee. The current fee is $ 2,000 per acre or $ 464.00. National Pollution Discharge Elimination System: The applicant shall comply with the Santa Clara Val(ey Water District (SCYWD) Best Management Practices and Title 14 of the Campbell Municipal Code concerning storm water pollution prevention. Demolition: Prior to recordation of the Parcel Map, the applicant shall obtain a demolition permit from the Building Division and remove all structures that would be in violation of the Municipal Code if the Parcel Map were recorded prior to removal of the structures. H:\Ianddev\ 1725buc3(mp) . . Page 3 of 3 Of'e,,,,,, . ''7;0 r..~ , ~(\'I ... t"" U t"'" .. 1- <> 'OI?CHAllO. CITY OF CAMPBELL Community Development Department. Current Planning September 10, 1998 Mr. Marko Duchich 875 Emory Avenue Campbell, CA 95008 /: \. RE: Letter from the Santa Clara Valley Water District Dear Mr. Duchich: i I Please find enclosed a copy of a letter the City has received from the SantaC{~r ~ District regarding review of your proposed residential d~enc 'l! 1725 Bucknall Ro'!d' According to the letter, there is a 20-inch Campbell Distributary '"'focat~srde of Bucknall Road, which must be shown at its properiocarionand depth on your proposed improvement plans. In addition, any work which will he conducted adjacent to t~~Slfili,;~L:> 'l wIll reqUIre a DIstnct permIt. ~:Z)'!_~ Please notify the Planning Division at your soonest convenience if you anticipate that any issues discussed in this letter will impact changes in the proposed development plans of this project. The proposed project is tentatively scheduled for the October 6, 1998 City Council meeting for review during a public hearing. Should you have any questions regarding the above referenced comments and conditions or need additional information, please do not hesitate to contact me at the Community Development Department at (408) 866-2142. Sincerely, CZkt. L;e ~ Aki R. Irani Planner I enclosure cc: John Vidovich, Property Owner Bob Shafer, Property Owner Harold Housley, Land Development Engineer File 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.866.8381 . TOO 408.866.2790 September 2, 1998 San~a Clara Valley Wa~e( DisMd 6 5750 ALMADEN EXPRESSWAY SAN JOSE, CA 95118-3686 TELEPHONE (408) 265-2600 FACSIMILE (408) 266-0271 www.scvwd.dst.ca.us MS': Aki Irani Planner I Community Development Department City of Campbell 70 North First Street Campbell, CA 95008-1423 AN EQUAL OPPORTUNITY EMPLOYER RECEIVED 5EP 0 4 1998 CITY OF CAMPBELL PLANNING DEPT. . Dear Ms. Irani: Subject: Lands of Duchich at 1725 Bucknall Road-City of Campbell-File PM 98-01 The Santa Clara Valley Water District (District) has reviewed the tentative map and site plan for the subject site, received on August 10, 1998. Current Federal Emergency Management Agency maps show the site is located within Zone C-an area of minimal flooding. District records do not show this site to be subject to flooding in the event of a 1 percent flood. 'l The tentative map shows that the northern side of Bu ad will be improved as part of the site improvements. The District's 20-inch Cam e rtHsttfuutary s located within the northern side of Bucknall Road. All construction aojacent to Campbe lstributary requires a District permit, as per District Ordinance 83-2. Revised improvement plans should show the District's Campbeli-Distributary at its proper location and depth within Bucknall Road. District as-builts of Campbell Distributary may be provided upon request. Site drainage should be directed to an existing storm drain system. Two sets of final improvement plans, including utility and drainage plans, should be sent for our review and issuance of a permit prior to start of construction. Any questions may be referred to Ms. Yvonne Arroyo at (408) 265-2607, extension 2319. Please reference District File Number 25245 on future correspondence. Sincerely, /' - v~u-- a /~ Sue A. Tippets, P. E. Supervising Engineer Community Projects Review Unit A "', recycled paper MEMORANDUM CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT TO: AId Irani, Project Planner DATE: August 10, 1998 REVISED FROM: Michelle Quinney, City Engineer IriC>' . F Harold Housley, Land Development Engineert{ PUBLIC WORKS DEP ARTl\tIENT CONDITIONS OF APPROVAL Site Address: 1725 BucknaIl Road For File No(s): ZC 98-01; PD 98-01; PM 98-01 Project Description: Construct 3 Townhomes on Property Applicant: Lynne Birch DISCUSSION: This map must be taken to Council for acceptance of dedication of street right-of-way prior to recording. Please include in the resolution approving the project, the following: "Whereas, public street dedication and public utilities easements are necessary conditions of approval for this development, the City Clerk is hereby authorized to accept such dedications as necessary." Revision to Tentative Parcel Map: Prior to submittal of the Final Parcel Map for review, the following shall be included on the Tentative Map: · City of San Jose/City of Campbell City limit line · Drainage pattern for lots and any lot to lot drainage easements needed. · Removal of the P.S.E. designation on Parcel "D" Final Parcel Map: Prior to issuance of any building permits for the site, the applicant shall submit a Final Parcel Map for recordation upon approval by the City. The current plan check fee is $1,060 plus $25 per parcel. Preliminary Title Report: Prior recordation of the Final Parcel Map, the property owner shall provide a current Preliminary Title Report. Right-of-Wav for Public Street Purposes: Prior to recordation 'of the Final Parcel Map, the property owner shall grant 30 feet of right-of-way for public street purposes along the Buckall Road frontage. The acceptance of this right-of-way will require City Council approval. Easements: Prior to recordation of the Final Parcel Map, the property owner shall cause easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, etc., as necessary. ~ Page 1 of 3 PUBLIC WORKS DEP ARTl\1ENT CONDITIONS OF APPROVAL Site Address: 1725 Bucknall Road For File No(s): ZC 98-01; PD 98-01; PM 98-01 Project Description: Construct 3 Townhomes on Property Applicant: Lynne Birch Street Improvements: Prior to recordation of the Final Parcel Map, the applicant shall execute a Street Improvement Agreement and shall cause plans for public street improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the improvements, as required by the City Engineer. The plans shall include the following: · New curb and gutter with curb face at 20 feet from centerline. · New pavement to centerline of required right-of-way plus an additional distance of about 2 feet to 4 feet to conform to existing pavement elevations based on a Traffic Index of 7.5 and an R value provided by a qualified soils engineer. · New separated five foot sidewalk on the north side of Bucknall Road. · One new public street light. · Landscape and irrigation system for street trees and landscaping in the parkway. · New traffic control signs and pavement strips on Bucknall Road as determined by the City Engineer. · All water meters and sewer clean-outs on private property. City of San Jose Permit: All utility connections to facilities located within the city limits of San Jose will require a permit from San Jose. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility company, and shall provide evidence from all utilities that the proposed development can be served and that the public utility easements are adequate. Utility Installation Plan: Prior to issuance of building permits, the applicant shall submit a Utility Installation Plan and Schedule for approval by the City Engineer for installation or abandonment of all utilities and service connections. Streets which have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations and will also require a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street improvements required by the street improvement agreement and the encroachment permit must be completed and accepted by the City and the applicant must provide a one- year Maintenance Security in an amount of 25 % of the Faithful Performance Bond. ~ Page 2 of 3 PUBLIC WORKS DEPARTl\tlENT CONDITIONS OF APPROVAL Site Address: 1725 Bucknall Road For File No(s): ZC 98-01; PD 98-01; PM 98-01 Project Description: Construct 3 Townhomes on Property Applicant: Lynne Birch Gradinl! and Drainal?e Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a 10 year storm frequency, prepare an engineered Grading and Drainage Plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1994 edition of the UBC including Chapters 18, 33, and Appendix Chapter 33. Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall pay the required Storm Drain Area fee. The current fee is $ 2,000 per acre or $ 464.00. National Pollution Discharge Elimination System: The applicant shall comply with the Santa Clara Valley Water District (SCVWD) Best Management Practices and Title 14 of the Campbell Municipal Code concerning storm water pollution prevention. H: \landdev\ 1725buck(mp) Page 3 of 3 MEMORANDUM CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT TO: Aki Irani, Project Planner DATE: August 7, 1998 FROM: Michelle Quinney, City Engineer f Harold Housley, Land Development Engineer ADDITIONAL PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL Site Address: 1725 Bucknall Road For File No(s): ZC 98-01; PD 98-01; PM 98-01 Project Description: Construct 3 Townhomes on Property Applicant: Lynne Birch DISCUSSION: The July 31 memorandum to you should have been titled Public Works Department Conditions of Approval rather than Public Works Department Comments and Preliminary Conditions of Approval. In addition, the following Condition of Approval must be included with the Public Works Department Conditions of Approval dated July 31, 1998. Demolition: Prior to recordation of the Parcel Map, the applicant shall obtain a demolition permit from the Building Division and remove all structures that would be in violation of the Municipal Code if the Parcel Map were recorded prior to removal of the structures. H: \landdev\ 1725buc2(mp) Page 1 of 1 DEVELOPMENT REVIEW COMMENT SHEET Routed: July 21, 1998 Distribution: July 27, 1998 Completeness comments: August 3, 1998 Conditions: August 10, 1998 Tentative P.e. Meeting: September 8, 1998 ROUTE TO: X Architectural or Landscape Advisor X Fire Department Police Department Redevelopment Agency X Engineering Traffic Engineering Corporation Yard X Building Division PROJECT DESCRIPTION: The applicant has submitted a revised tentative parcel map and site plan in accordance with the incompleteness items previously noted with the applicant's initial submittal. All elevations and floor plans will remain the same as previously proposed. The application is a request for approval of a Zone Change (ZC 98-01) from an R-1 zone to a Planned Development (PD) zone, a PO Permit (PO 98-01) and a Tentative Parcel Map (PM 98-01) to allow construction of three (3) townhouse units on the property. One of the units (front unit facing Bucknall A venue) will be detached; the other two units at the rear of the property will be attached. The units will be two-stories in height. The rear units will be accessed by a shared common lot area. INFORMA nON: File No: ZC 98-01; PO 98-01; PM 98-01 APN: 403-36-094 Applicant: Lynne Birch Project Address: 1725 Bucknall Road Zoning: R-l (Single family residential) General Plan: Medium Density Residential (14-20 units per gross acre) PROJECT PLANNER: Aki R. Irani, Planner I OEP ARTMENT AL RECOMMENDA nON: <"\ If it can be determined that this project will require minimal or no comments by your departmentlagen~y\ ~V please return this comment sheet with your initials to the Project Planner as soon as possible. X/ '\'l & Status Initial <'~ G o/~OS? ('). V '\.. ~+- ~ ~ .. ~\.. ~Ot-'\'O \ ,,/j ?'\~ ~v<Q~,~' t-<:> No Comment ~ plett\€.- X. Additional informationlrevisions(see attached) . ....... revISe-- '-tkc ~l1t~ v.e. ~ .to IY\( \~ '1~ fD IIOtt)\t:f : o Cl'*'1 Db -San ~~ I.v::t-t 6{) CtL.\lI.<,pbeeQ.. L~ /'; wu..t U1tl5 '.. .. Df""\~. p~~ +v ton (/'Y\.d. ~ lot-.I-o let M(.t.'~ t: V.~VWi~ . t!..i>Mr,,kU> C..-b ~ "PSf::" d€<\a"a+7JJA """" '~~'T)~" 'DA.r'~1 II r. t\.ud.ui. . 02111/98 Home OV\lner Agreement - Preliminarvdoc r '., O~.~.d "" ":I: 10:26P/- - '-/ Dock: Time: WHEN RECORDED RETURN TO: Robert L Schafer 14960 Los Gatos A.!maden Road Los Gatos, Calif. 95032 (408) 377-2572 THE VILLll,S OF CAMPBELL DECU\RA T!ON OF RESTRICTIONS (CC&Rs) PRELIMINARY E.c€.\\I€.O B \ ~ \~~?> f~'a '. ~ o~~s i'U61."\c ,~~,\o\'4 ~O,,^\"'\S n. __1___1 '""'-~: 02/11/98 Home OI/I,Iner Agreement - Preliminary. doc 10:26 PM THE VILLAS OF CAMPBELL DECLARATION OF RESTRICTIONS (CC&Rs) THIS DECLARATION OF RESTRICTIONS (CC&Rs) is executed by MJB DEVELOPMENT COMPANY, (the "Declarant") with reference to the following facts: A Pursuant to a holding agreement with MJB Development Company, Declarant holds title to certain real property in Campbell, California, more particularly described on the subdivision map entitled "Tract No 403" filed in the records of Santa Oara County, California, on 15 of September 19980, in Book F577 of Maps at Page 729. MJB Development Company is constructing a residential development on the property that if fully developed will contain 3 residential lots, B. Declarant desires to impose certain restrictions on the lots in the development that will benefit and bind each lot and each owner and successive owner thereto, as covenants running with the land and equitable servitudes, to describe certain easements that will be apputenant to the lots and/or in favor of the homeowners association, and to establish a planned development within the meaning of Civil code section 1351 (k). C, All phases as described in Exhibit A \Jvill benefit and be bound by the provisions of Section 2.15 of this Declaration. The other restrictions, rights and duties described herein will benefit and bind the lots on the recordation of this Declaration. DECLARANT DECLARES AS FOLLOWS; ARTICLE 1 - Definitions Unless the context indicates otherwise, the follovving terms shall have the following definitions: 1.1 ,t.J'chitElcf',Jr',?/ R€l'.liewCom!Tlittee,. The }\rchitectl.lfal Review Committee described in Section 7.1, 1.2 Articles. The Articles of Incorporation of the Association and any amendments thereto. 1.3 Association The Villas of Campbell Homeowners Association. a California nonprofit mutual benefit corporation, 1"4 Boardo The Board of Directors of the ~~s-sociatiorL 1.5 Bylaws. The Bylaws of the A.ssociation and any amendments thereto, 16 Common Area Lots A, B. C, D and X as shoVlIn on the Map 1.7 Declarant. First Americ.an Title Guaranty Company, a Califomia corporation, or any successor or assign that assumes in II'JIiting the rights and duties of the Declarant hereunder. The beneficial ovvner of the Property MJB Development Co., shall exercise all the rights and perform the duties of the Declarant hereunder. 1.8 This Declaration of Restrictions (CC8'Rs) and any amendments or corrections thereto. 1.9 Development. The residential development that is c.onstructed on the Property and made subject to this Declaration. including the Residential Lots, the Common Area. and all improvements thereon. 1.10 Govemina Documents. This Declaration, the Articles of Incorporation, the Byla\NS and the Rules. 1.11 Improvements. Any fixtures affixed to any Lot or Common Area in the Development \l\Athin the meaning of Civil Code section 660. 1.12 Lot or Residential Lot. Lots 1 through 3 as sho""..., on the Map and any Improvements thereon, provided that for purposes of Section 2.15, "Lot" or "Residential Lots" means all the residential lots shown on the map. 02/11/98 Home Owner Agreement - Preliminary.doc 10:26 PM 1.13 Map. The subdivision map entitled. 'Tract No. 403" filed for record in Santa Clara County, CalifolT\!\ on 15 September 1980, in Book F577 of Maps at pages.. 1.14 Member. A member of the Association_ 1.15 Mortoaoe. A rerA)rded mortgage or deed of trust against one or more Lots in the Development. 1.16 Mortoaaee. A mortgagee under a Mortgage or a beneficiary under a deed of tmst rer.nrded against a Lot in the Development. 1.17 OIM1er. The rer.nrd title olMler or olMlers of a Lot in the Development. 1.18 Person. Any natural person, partnership, corporation or other legal entity. 1.19 Prooertv. The land and Improvements sholMl on the Map_ 1.20 Rules. Rules or regulations adopted by the Board from time to time pursuant to the authority of Section 5.6(ii). ARTICLE 2 - Prooertv Riahts and Easements 2.1 Type of Develooment. This Development is a planned development Ii\~thin the meaning of Civil Code section 1351 (k). It shall consist of three Common Area Lots and 3 Residential Lots. The development may consist of 3 Common Area lots and 3 Residential Lots and all Improvements thereon. 2.2 Pro~erty RiQhts. Each Owner shall own a fee interest in a Residential Lot and shall be a Member of the Association. The Association shall 01M'l the fee interest in the Common Area_ 2,3 Boundary Line Easements. As a part of the original construction of the Development. Declarant may construct certain residential Improvements on or vvithin 1hree feet of the bound3ry line of an adjoining Lot Each Lot on which such Improvements are construqted as the dominant tenement has an easement over the adjoining Lot as the servient tenement for purposes of maintaining, repairing and replacing any encroachments (such as roof overhangs) into the servient tenement and for purposes of access to that portion of the servient tenement as may be reasonably necessary to maintain (including repainting)_ repair or replace any portion of any Improvement on the dominant tenement that is located on or within three feet of the common boundary line. Prior to entering the servient tenement for purposes of maintenance, repair or replacement, the Owner or occupant of the dominant-tenement shall provide the Owner or occupant of the servient tenement with at least three days' prior notice except in the event of an emergency. 2-4 Shared Fences. As part of the original construction of the Development, Declarant constructed good neighbor fences on or about the common boundary line between two adjoining Lots Improvements on both Lots. which fences are to be shared by the adjOining Lot Owners. The adjoining Owners shall jointly share the maintenance and repair of the shared fences. The cost of the maintenance and repair shall be allocated equaffy between the Lots unless the circumstances warrant a different allocation for a fair and equitable allocation of such costs. Each Lot as a dominant tenement shall have an easement over the adjoining Lot as the servient tenement for access to that portion of the servient tenement as may be reasonably necessary to maintain, repair or replace the shared fence. Any disp,-rte between the adjoining Lot Owners regarding the need for maintenance or repair of any shared Improvement. the quality or type of maintenance or repair, the affocation of costs. or any related issues shall be submitted to the American Arbitration Association, or any successor thereto, for resolution in accordance with its commercial rules. In such proceedings. each party shan have full discovery rights as authorized by Code of Civil Procedure section 1283.05 or any successor statute thereto. The decision of the arbitrator shall be binding on the parties and may be enforced in any court of appropriate jurisdiction. The arbitrator in his or her discretion may award costs_ including reasonable attorneys' fees, to the prevailing party. 2.5 Qr!'linaaeEa~~m~_ Each Lot and the Common Area as the servient tenement are subject to an easement in favor of each other Lot and the Common Area as the dominant tenement for the retention, maintenance, repair or replacement of any storm drainage system instaffed on the servient tenement as a part of the original construction of the Development. Each Owner shall maintain and repair that portion of the drainage system located on the Owner's Lot. Each Owner shall at all times keep the drainage system and any intake drains or catch basins free and clear of debris at all times, f _I '""'__ _ ~ 02/11198 Home Ovvner Agreement - Preliminary. doc 10:26 PM and no Owner shall take any action that would in any mamer interfere with the operation of the system. No Owner shall alter the grading on any Residential Lot vvi1hout 1he prior consent of 1he hchitecflJra! Re\'~ew Committee. 2,6 Encroachment Easement. Each Lot and the Common f>J'ea as the domrnant tenement has an easement over any adjoining Lot or Common /i.rea as the servient tenement for the purpose of accommodating any encroachment of roof overhangs, porches. decks, staircases, 1,I'/indov'Is, chimneys or other residential stn..!ctural Improvements resulting from the original construction of the Improvements, settlement or shifting of structures, minor original construction changes during the cOLrrse of construction, and any encroachment easements granted in accordance vvith Section 2,12, The extent of the encroachment easement shall be the location of the encroaching structu-e as originally constructed by Declarant If a strucbJre on any Lot is partially or totally destroyed, the strucbJre may be repaired or rebuilt in accordance '.'\Iith the original plans, including the replacement of any encroaching Improvement. 2,7 Maintenance and Re~ir Easement Each Lot as the servient tenement is subject to an easement in favor of each other Lot as the dominant tenement for purposes of providing the agents of the Association such access as may be necessary to perform the Association's maintenance and repair duties as described in Section 4,3. 2.8 Use Easements. Certain Lots as the servient tenement are subject to use easements in favor of an adjoining Lot as the dominant tenement. The location of the area on the servient tenement that is subject to the easement will be described in the initial grant deeds to the servient and dominant tenements or other appropriate recorded document (the "Easement Area") in favor of the adjoining Lot as the dominant tenement. The easement is subject to the following terms and conditions: (i) the Owner of the dominant tenement shall install and maintain the landscaping in the Easement Area: (ii) the Owner of the dominant tenement may install the following Improvements in the Easement Area: landscaping, irrigation lines, drainage and connector lines, concrete terrace or deck not exceeding 12 inches in height INith railings not exceeding 42 inches in height, and normal and customary patio structures that will not unreasonably interfere INith the rights retained by the Owner of the servient tenement as described herein; (iii) the Owner of the servient tenement retains the right to enter the Easement Area on such notice as may be reasonable under the circumstances to repair, maintain (including repainting) or replace the abutting building wall or roof (including windows, eaves, gutters, leaders, and drain pipes) and any other Improvements located in or immediately adjacent to the Easement Area that serve the servient tenement; (iv) the Owner of the servient tenement retains the right to encroach onto the Easement Area INith eaves, overhangs, gutters, leaders, the opening of 'Nindows, and similar encroachments that were part of or replacements to the original Improvements placed on the servient tenement; (v) the Owner of the servient tenement may retain and maintain any connections into any drainage lines in the Easement Area that were installed as a part of the original construction of the Development to provide drainage from the servient tenement; (vi) any fence separating the Easement Area from the Servient and dominant tenements shall be considered a shared Improvement subject to the provisions of Section 2A; and (vii) no property shall be attached either temporarily or permanently to the residential structlJre on the servient tenement \lvithot..lt the consent of the owner of the servient tenement 2,9 Qther~as~met"@. Each Lot and the Common Area are subject to such other easement(s), rights-of-way, or dedications as may be granted or reserved on the Map, any deed to the Lot or Common Area, or any other appropriate public record. 2,10 AplJlJI't~[1<:Jm_E;~ElmE'!~. Each easement described herein is an easement that is appurtenant to the dominant tenement, and any transfer of the dominant tenement automatically transfers the easement appurtenant thereto regardless of whether the instrument of transfer describes the easement, !.11 2,11 Reservation of Rights. Notwithstanding any property rights, including easements, granted or reserved herein, each Lot and the Common Area, as the case may be, are subject to each of the following: (i) the right of Declarant or its agents to enter on any portion of the Development to construct the Improvements that Declarant intends to construct on the Property, to advertise and sell Lots in the Development, to make repairs, and to correct any construction problems thereon. provided that such entry does not unreasonably interfere with the 02/11/98 Home Owner Agreement - Preliminary.doc 10:26 PM use or occupancy of any occupied Lot unless authorized by its Owner, which authorization shall not be unreasonably withheld: (ii) the right of the Association's agents to enter any Lot to cure any violation or breach of this Declaration or the Bylaws or the Rules, provided that at least 30 days' prior written notice of such violation or breach (except in the cases of emergency) has been given to the Owner and provided that 'Nithin the 3D-day period such Owner has not acted to cure such violation or breach: (iii) the right of the Association's agents to enter any Lot to perform its obligations and duties under this Declaration, including the obligations and the duties with respect to maintenance or repair of any Improvement or landscaping located on the Lot; (iv) the rights reserved in Sections 2.12, 2.14, 2.15 and 12.12; (v) the right of the Association to adopt and enforce Rules as described in Section 5.6. 2.12 Authority Over Common Ar~. The Board or Declarant (as long as Declarant owns 25% or more of the Lots in the Development) shall have the power and the right in the name of the Association and all of the OMlers as their attorney-in-fact, to grant. conveyor otherwise transfer to any Owner or any other Person fee title, easements, exclusive use easements or rights, rights-of-way and/or dedications in, on, over or under the Common Area. in order to: (i) construct, erect operate, maintain or replace lines. cables, wires. conduits or other devices for electricity, cable television. power, telephone and other purposes, public sewers, storm water drains and pipes, "vater systems. sprinkling systems, water. heating and gas lines or pipes and any similar public or quasi-public Improvements or facilities: (ii) accommodate any encroachment that in the sole discretion of the Board does not unreasonably interfere with the use and enjoyment of the Common Area; or (iii) accomplish any other plJpOSe that in the sole discretion of the Board is in the best interest of the Association and its Members and does not unreasonably interfere with the use and enjoyment of the Common Area. Each Ovvner in accepting a deed to a Lot expressly consents to such action and authorizes and appoints the Association and Declarant (as long as Declarant O\N!1S 25% or more of the Lots in the Development) as attomey-in-fact of such Owner to execute and deliver all documents and interests to accomplish the action, including, but not limited to, grant deeds, easements, subdivision maps, and rot-line adjustments Notwithstanding anything herein to the contrary. in no event shall the Board or Declarant take any action au1horized hereunder that would permanently and unreasonably interfere with the use. occupancy and enjoyment by any Owner of his or her Lot without the prior 'Mitten consent of that OM'ler, Furthermore. the conveyance of fee title to any portion of the Common Area as authorized in this Section 212 shall require the consent of a majority of the total voting power of the Association other than Declarant 2.13 DeleQation of Use RiQhts. An Owner's family members and guests and any such other Persons as may be permitted by the Rules may use and enjoy any Common Area Improvements, All such use shall be subject to restrictions contained in this Declaration and the Rules. If an Owner has rented or leased his or her Lot, the Owner, members of the Owner's family and the Owner's guest shall not be entitled to use any Common Area Improvements. Such rights may be enjoyed by the tenant or the tenanfs family members and guests. Any OM1er who rents or leases his or her Lot must comply with the reqLnrements of Section 3.2. 2.14 Convevance of Common Area. The Common Area in each phase shall be conveyed to the Association on or before the date the Declarant first conveys title to the first Lot The Common Area as the servient tenement is subject to the rights reserved in Section 2.11 and to an easement in favor of each Lot as the dominant tenement for ingress and egress over the private streets and walkways situated on the servient tenement, for support from any Common Area land adjacent to any Improvements on any Lot, and for access to and use of (including the right to install, maintain, repair or replace) any utility lines, cables, wires, pipes, meters or other equipment installed within, on or over the servient tenement in order to provide utility or related service to the dominant tenement, including water, electricity. telephone. gas, cable television and sanitary sewer or storm drainage lines and equipment, and for access to and use of the Common Area by Declarant and its subcontractors and agents to construct. maintain and sell the Lots and all related I mprovements in the subsequent phases. The rights retained by Declarant and its subcontractors and agents include the right to restrict access to any portion of the Common Area that is undergoing construction or development activity for safety or other reasons by the construction of fences or other barriers, or by the adoption of such other meaSL'I'es that restrict access to authorized personnel only, and the right to use portions of the Common Area as a staging or storage areas for materials and equipment to be used in connection \/llith the construction of ! mprovements ..'\Iithin the Development and to restrict access thereto by means of a fence or otherwise. The Board may adopt Rules regulating the use of the Common Area provided such Rules do not interfere 'Nith the exercise of the foregoing easement rights and are consistent with the restrictions contained in this Declaration. On the conveyance of any Common Area to the Association. Declarant automatically reserves the easements and rights over that Common Area described in this Article 2 in favor of the Lots subject to the Declaration. 02/11/98 Home Owner Agreement - Preliminary,doc 10:26 PM 2.15 Construction Activihf. Each Owner acknowledges that: (i) the construction of the Development may occur over an extended period of time; (ii) the quiet use and enjoyment of the Owner's Lot may be disturbed as a result of the noise, dust, vibrations and other effects of cunstwction activities: and (W) the disturbance may continue until the completion of the construction of the Development. ART!CLE 3 - Restrictions 3.1 Residential Use. Each Lot shall be used for residential purposes only; and no part of the Development shal! be used or caused, allowed or authorized to be used in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storing, vending or other nonresidential purpose. Notwithstanding the foregoing, ONners or occupants of the Lots may use a room or rooms in the residence as an office, provided that the primary use of the Lot is as a residence, no advertising or a sign is used in any manner in connection with the office use, and no cL.'Stomers, clients or patients enter the Lot on any regular basis. The Board shall have the authority to adopt additional Rules regarding the use of offices INithin the Development in order to maintain the residential characteristics of the Development. The use of Lots by the Declarant or its desiglees as models and sales and construction offices for purposes of developing, improving and selling the Lots in the Development shaff not be a violation of this restriction, provided that such use shall terminate no later than three years after the date of recordation of this Declaration or any declaration of amexation amexing property in any additional phase into this Development, whichever occurs later 3,2 LeasinQ, The Owner may rent or lease his or her Lot provided each of the following conditions is satisfied: m the lease or rental agreement must be in writing; (ii) the lease or rental agreement must contain a provision that the lease or rental agreement is subject to this Declaration, the Bylaws and the RL~es and that any violation of any of the foregoing shall be a default under the lease or rental agreement. 3.3 Vehicle and Parkine! Restrictions No mobile home camoer or recreational vehicle, boat, truck or similar equipment shall be parked on any Residential Lots for purposes herein, ''truck'' does not include a pickup truck that does not exceed three-quarter ton. No vehicles shall be parked within the driveway areas designated "Private Driveway and P UE" on the Map at an}1ime for any pl..'rpose. Occupants shall park their vehicles in their assigned parking spaces so that Common ,A,rea parking spaces are available primarily for guest parkingo No parking space may be converted into any use that wood prevent its use as a parking space The Board may adopt Rules regt~ating parking in the Common Area, including regulations that prohibit occupants from parking in all or part of the Common Area, so that the spaces are available exclusively for guest parking 3.5 TovvinQ Aulhoritv. The A~~ociation may install a sign at each vehicular el!trance to the Development containing a statement that public parking is prohibited and that all vehicles not authorized to park within the Development \''lill be removed at the O\J\.Iner's expense. The sign shan contain the telephone number of the local traffic law enforcement agency and shall not be less than 17 incheS by 22 inches in size and the lettering not less than one inch in height The Association may cause the removal of any vehicle 1Nrongfu!ly parked v'Iithin the Development including a vehicle owned by an occupant. If the identity of the registered owner of the vehicle is known or readily ascertainable, the president of the Association or his or her designee, 1Nithin a reasonable time thereafter, shan notify the O'Mler of the removal in writing by personal delivery or first-class mail. In addition, notice of the removal shall be given to the local traffic law enforcement agency immediately after the vehicle has been removed. The notice shall include a description of the vehicle, the license plate number, and the address from where the vehicle was removed. If the identity of the owner is not known or readily ascertainable and the vehicle has not been retLmed to the ovvner 1Nithin 120 hours after its removal, the Association immediately shall send or cause to be sent a written report of the removal by mail to the California Department of Justice in Sacramento, California, and shan file a copy of the notice with the proprietor of the public garage in which the vehicle was stored. The report shall be made on a form furnished by the Department of Justice and shall include a complete description of the vehicle, the date, time and place from which the vehicle was removed, the amount of mileage on the vehicle at the time of removal, grounds for removal, and the name of the garage or place where the vehicle is stored. Notwithstanding the foregoing, the Association may cause the removal, without notice, of any vehicle parked in a marked fire lane, within 15 feet of a fire hydrant, in a parking space designated for handicapped without proper authority, or parked in a mamer which interferes INith any entrance to, or exit from, the Development or any Lot parking space or garage located thereon. The Association shall not be liable for any damages incurred by the vehicle owner because of the removal in compliance with this section or for any damage to the vehicle caused by the removal unless such damage resulted from the intentional act of any agent of the Association, If requested by the owner of the vehicle, the Association shall state the grounds for the removal of the vehicle. f""t_ _~___~ ~___~ 02/11198 Home O,,~.'T1er Agreement - Preliminary. doc 10:26 PM Unless the Board provides otherwise, any director or officer. any manager or manager's agent or any owner authorized to do so by any director or officer shall have the authority to act on behalf of the Association to cause the removal of any vehide wrongfully parked within the Development, The provisions of this Section 3.5 are intended to com ply with Vehicle Code section 22658.2. If this Vehicle Code section is amended, this provision automatically shall be amended in the same manner. If this section is repealed and no successor section is enacted, this provision shall remain in fun force and effect. Vehicle Code section 22658.2 may have been amended by the State Legislature since this Declaration was recorded, and the Board should confirm the current statutory requirements. 3.6 Animals. Normal and customary household pets may be maintained within the DeVelopment under the following conditions: There shall be no more than two dogs or two cats or one dog and one cat maintained by the occupants of anyone residence 1.Inl~--s othen-vise authorized in vvriting by the Board. 3, 7{:)i~ Subject to the provisions of Section 12.12, no sign of any kind shall be displayed from any Lot that is visible from the Common hea or any other Lot except the follo\-ving: (i) any sign not exceeding 24" by 24 .. advertising the Lot for sale or for rent prOvided that no more than one stIch sign is used and the sign is situated on the Lot that is to be S-'Jld or rented: (ii) any sign approved by the board either on an individual basis or pursuant to rules adopted by the board~ 3.8 Trash Removal Each Lot OWner shall be responsible for the removal of all the trash and refuse from that Ovvner's Lot. 3,9 Subdivision No Lot shall be subdivided into two or more lots without the prior written consent of the Association, 3.10 l'Jterations, Modifications or Additions~ There shall be no alterations, modifications or additions made to any Lot or any Improvement thereon except in compliance '^~th the provisions of Article 7. ARTICLE 4 - Maintenance and Reoair Obliaations 4,1 OMler's Maintenance Obliaations. Except for that portion of any Lot maintained by the ,A.ssociation, each Owner shall maintain his or her Lot and all I mprovements and landscaping thereon in good condition and repair at all times~ Shared fences on a common boundary bet-Neen adjoining Residential Lots, shall be maintained as described in Section 2.5. All other fences on the Residential Lot. including fences located on a common bOl.lndary betvveen the Ovvner's Lot and the Common Area, shall be maintained by the Owner~ Each 4.3 Association's Maintenance Responsibilities The Association shall maintain each of the foI!O\A.~nQ in Qood condition and repaiL (i) the Common Area and all Improvements and landscaping thereon, including, but not limited to, driveways, private streets, parking spaces, irrigation systems, lighting fi)(tures and utilities serving the Common J:1.J'ea, drainage s}'Sfems, or sanitary se\A/er systems not maintained by a govemment agency or public or private utility company If the Association incurs any maintenance or repair costs because of the wi!lfL~ or negligent act or omiC>C<ion of any Owner or occupant or their family members, guests, agents or pets, the Association shall charge the cost to the Owner of the Lot responsible for the costs and may le\"! a reimbl.lrsement assessment as described in Section 6~5. The ONner immediately shall pay the charge or reimbursement assessment to the Association, together with interest thereon at the rate of 12% per annum, but not in excess of the maximum rate authorized by law. If the Owner disputes the charge, the OMler shall be entitted to notice and a hearing as provided in Section 5.6{iv). The Association shall not charge the Owner to the extent that the cost is met through instlfance maintained by the I\s.sodation. A'1Y deductible amount shall be paid by the Owner. r""t.. __L__I "'-_= AA 02/11198 Home Owner Agreement - Preliminary. doc 10:26 PM 4.4 Inspection and Maintenance Guidelines. The Board shall adopt inspection and maintenance gLridel!nes for the periodic inspection and maintenance of all Improvements and landscaping that the Association is to maintain, including, but not limited to, gutters, down-spouts, catch basins, area drains, concrete flat-work, siding, trim, roofs, balconies, window caulking, utility equipment, sanitary sewer and storm drainage facilities, streets, pavement, curbs, asphalt, parking areas, fencing, landscaping, and the irrigation system. The gLridelines shall reqLrire at a minimum an annual inspection by a qlJa!ified Person of each of the foregoing The Board periodically and at least once every two years shall review and update the inspection and maintenance gt.ridelines,The Board shal! take all appropriate steps to implement and comply with the inspection and maintenance guidelines. 4.5 Cooperation and Access. Each OIMler and occupant shall fully cooperate with the agents of the Association in the performance of the Associations maintenance and repair obligations described in Section 4.3 above. Such cooperation shall include, but is not limited to, immediate notification to the Board or its managing agent of any maintenance or repair problems for which the Association is responsible and access to the Owner's or occupant's Lot as may be necessary to inspect and, if appropriate, to perform any necessary maintenance or repairs, 4.6 Reimbtxsement and Indemnification. If any Owner, occupant. tenant or their family members, guests or pets damages the Common Area or any other property owned or maintained by the Association, the Owner, on demand from the Association, immediately shall reimburse the Association for any costs, including attorneys' fees resulting from such damage, except to the extent that the cost is covered by insurance maintained by the Association provided that the ded.Jctjble amount shall be paid by the Owner. Furthermore, the Owner shall defend, indemnify and hold the Association harmless from any daim, demand. liability or cost, including attorneys' fees arising from such damage, except to the extent the demand, claim, cost or liability is covered by insurance maintained by the Association. The Owner shall pay the amount of any deductible. ARTICLE 5 - The Association 5.1 Formation of the Association. The Association is a nonprofit mutual benefit corporation formed under the laws of the State of California. The Association shall commence operations no later than the date that assessments commence. Pending the commencement of the Association's operations, Declarant shall perform the duties and shall have the rights of the Association as described herein. 52 Governina Bodv. The governing body of the Association shall be the Board. It shall be the responsibility of the Board to ensure that the Association exercises its rights and performs its duties as described within the Declaration. the Articles, the Bylaws and any amendments thereto 5.3 Member~, Each OM1er of a title interest in a Lot automatically shall be a Member of the Association. If there is more than one title Owner of a Lot, each Owner shall be a Member. The holder of a security interest in a Lot shall not be a Member of the Association except and until that holder obtains both the legal and equitable interest in the Lot. If any Owner executes an installment contract of sale for the sale of that Owner's Lot, the purchaser shall become the Member if the contract is recorded in the public records and if the Association is notified in 'Miting of the contract; and the Owner no longer shall be a Member. If the purchaser's rights are terminated under the contract without transfer of title to the purchaser, the Board, upon receipt of satisfactory evidence of the termination of the puTchaser's rights, shall reinstate the Owner as the Member; and the plI"chaser shall no longer be a Member. Membership shall be appurtenant to the Lot and may not be separated therefrom. Any transfer of an ONner's interest in a Lot (other than a security interest), by operation of law or otherwise, automatically transfers the membership to the o.'mer's successor in interest. No Ol/lIner may resign or revoke his or her membership for any reason. 5A Membership Classes and VotinQ RiQhts. The Association shall have the following two classes of voting memberships: (I) Class A. Class A Owners are all Owners except the Declarant. Class A Owners shall be entitled to one vote for each Lot in which he or she owns an interest If more than one Owner owns an interest in a Lot, only one vote may be cast with respect to that Lot 5,5 Joint Ownership Votes, The vote that is attributed to each Lot may not be cast on a fractional basis. If the Lot has more than one Owner and the Owners are unable to agree as to how the vote shall be cast, the vote shall be forfeited on the matter in question. l\ny vote cast by an Ovvner for any Lot is presumed condusively to be the vote cast by all the Owners of that Lot. If more than one Owner casts a vote attributed to a Lot on any matter on which only one vote could be cast for that Lot, the votes cast by such Owners shall be counted as one vote if the votes are the same; if the votes are dfferent, the vote cast by such Owners shall not be counted and shall be forfeited. 02/11/98 Home Owner Agreement - Preliminary.doc 10:26 PM 5.6 Powers of the Association. The Association shall have all the powers of a nonprofit mutua! benefit corporation organized under the general nonprofit mutual benefit corporation laws of California, subject only to such limitations on the exercise of these pO\,...ers as are set forth in the Articles, Byla\../s and this Declaration. The Association shall have the power to do any lawfli thing that may be authorized, required or permitted to be done by the Association under this Declaration, the Articles and the Byla\'I!S and to do and perform any act that may be necessary or proper for or incidental to the exercise of any of the express powers of the Association, including, without limitation, each of the following: (i) The Board s."all establish, fix and levy assessments against the Lots and collect and enforce payment of such assessments in accordance with the provisions of Article 6 of this Declaration (ii) The Board may adopt, amend and repeal Rules as it considers appropriate. The Rules shall regulate the use and enjoyment of the Common .Area and such other matters as are authorized herein. A copy of the RL~es as adopted, amended or appealed shall be mailed or othervvise delivered to each O,/vner; and a copy shall be posted in a conspicuous place within the Development jf an appropriate space is available for such posting. If any provision of this Declaration, the Articles or the Bylaws is inconsistent vvith or materially alters any Rules, the Declaration. the Articles or the Bylaws shall control to the extent of any such inconsistency. Any Rules adopted by the Board shall apply to all Owners or occupants in a uniform and nondiscriminatory manner. The Board may adopt a Rule as the resL~t of an act or omission of any O\tvner or oc.ct.Jpant or their family members or guests or a Rule that does not directly affect all Ovvners or occupants in the same mamer as long as the Rule applies to all Owners or OCCLlpants. (iv) In addition to any other enforcement rights described in this Declaration and the Bylaws or as may be authorized by law and subject to any restrictions on the Association's enforcement rights, including any due process requirements imposed by this Declaration, the Bylaws or by law, the Board may take any of the following actions against any Person whose act or failure to act violates or threatens to violate any provisions of this Declaration, the Bylaws or Rules: (a) impose monetary penalties, including late charges and interest: (b) suspend voting rights in the Association; and (c) c.ommence any legal or eqt...itable action for damages, injunctive relief or both, Subject to the provisions of Section 1210. the determination of whether to impose any of the foregoing sanctions shall be vvithin the sole discretion of the Board. Any legal action may be brOl...Jght in the name of the Association on its own behalf and on behalf of any Owner who consents; and, except as othervvise provided herein, the prevailing party in such action shall be entitled to recover costs and reasonable attorneys' fees. The Board, in its sole discretion. may resolve or settle any dispute, including any legal action in which the Association is a party, under such terms and conditions as it considers appropriate. 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 monetarf penalties that may be assessed. The Board may change the schedUe from time to time and shall distribute a notice of such changes to the Members in the same mamer 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 interV'iew witnesses and other appropriate parties to the disciplinary proceeding in executive session. The provisions of this paragraph are intended to c..omply with the requirements of Civil Code section 1363(g} in effect as of the date this Declaration was recorded in the county records. If the provisions of section 1363{9} are amended or repealed in any manner, this paragraph automatically shall be amended or repealed in the same manner. Civil Code section 1363{9} may have been amended by the State legislature since the Declaration was recorded, and the Board should confirm the current statutory requirements. Under no circJ.Jmstances may the .AsSOciation cause a forfeiture or abridgement of an CMner's right to the fun use and enjoyment of the Ovvner's Lot on account of the failure of the Ovvner to comply with the provisions of the Declaration, Artic!es, Bylavvs or Rules, except by judgment of a c.ourt or decision of an arbitrator or on acc.ount of a foreclosure or sale under pO\wr of sale for failure of the ONner to j:'.ay assessments duly levied by the Association. Before the Board imposes any monetary penalties (late fees and interest on delinquent assessments are not considered penalties subject to the due process requirements) or suspension of membership rights or Common Area LIse privileges against any Member for failure to c.omply v..1th the Declaration, these Bylaws or the Rules, the Board must act in good faith and satisfy each of the following due process requirements; (a) the Member must be given 15 days' prior notice of the discipline to be imposed and the reasons for the imposition of the discipline. Notice may be given by any method reasonably c,fllculated to give actual notice. If the notice is given by mai!, it must be sent by first-class or registered mail to the last address of the Member as shoV\l!l on the As.sociation's records; and 02/11 !98 Home Owner Agreement - Preliminary,doc 10:26 PM In lieu of the distribution of the pro forma operating budget, the Board may elect to distribute a summary of the budget to all its Members with a written notice in at least 1 O-point bold type on the front page of the summary that the budget is available at the Association's business office or another suitable location within the boundaries of the Development and that copies will be provided on request and at the expense of the Association If any Member requests a copy of the pro forma operating budget to be' mailed to the Member, the Association shall provide the copy to the Member by first-class United States mail at the expense of the Association, which copy shall be mailed within five days of the receipt of the request; (ii) a balance sheet rendered as of an accounting date that is the last day of the month closest in time to six months from the date of closing of the first sale of a Lot (the 'Accounting Date") and an operating statement for the period commencing with the date of the closing of the first sale and ending on the Accounting Date, The operating statement shall include a schedule of assessments, received or receivable, identified by the Lot number and the name of the Owner assessed. Copies of the balance sheet and operating statement shall be distributed to each Owner and any Mortgagee who has requested a copy within 60 days after the Accounting Date; (iii) an annual report consisting of a balance sheet rendered as of the last day of the fiscal year, an operating statement for the fiscal year, and a statement of change in its financial position for the fiscal yeaL A copy of the annual report shall be distributed to each Owner and any Mortgagee that has requested a copy within 120 days after the close of the fiscal year. In any fiscal year in 'vvhich the gross income of the Association exceeds $75.000, a copy of the review of the annual report prepared by a licensee of the California State Board of Accountancy in accordance with generally-accepted accounting principles shall be distributed with !he annual report If the annual report is not re\.~ewed by an independent accountant, the reports shall be accompanied by the certificate of an authorized officer of the Association that !he report vvas prepared from the books and records of the Association without independent audit or review; (iv) a statement of the Association's policies and practices in enforcing its remedies against Owners for delinquent regular or special assessments, including !he recording and foreclosing of liens against a delinquent CMr:er's Lot A copy of this statement shall be distributed to each Owner and any Mortgagee who has requested a copy within 60 days prior to the beginning of each fiscal year; (v) copies of this Declaration, the A_rticles, Bylaws, Rules, and a statement regarding delinquent assessments as described in Section 6.12 shall be provided any O\tvner \!\Iithin ten days of the mailing or delivery of a written request. The Board may impose a fee to provide these materials b...rt not to exceed the Association's reasonable costs in preparing and reproducing the materia!; and (vi) a Stlmmary of the provisions of Civil Code section 1354 which specifically references the action and includes the fo!!o\!\.ing: Failure by any member of the Assoc~ation to comply with the pre-filing requirements of section 1354 of the Civil Code may result in the loss of your rights to sue the Association or another member of the Association regarding enforcement of the governing documents. The summary shall be provided either at the time the pro forma budget described in Section 5,10(i) is distributed or in the manner set forth in Corporations Code section 5016~ (vii) a summary of the Associations general liability policy that states all of the following: (a) name of the insurer: (b) the policy limits of the insurance: (c) whether an insurance agent. as defined in section 1621 of the Insurance Code~ an inSLlf'ance broker~ as defined in section 1623 of the Insa...nnce Code, or an agent of an insurance agent or insurance broker has assisted the Association in the development of genera! liabi!ity policy limits and vvhether the recommendations of the inst.l!'ance agent or insurance broker were followed; (d) the insurance deductibles: (e) the person or entity that is responsible for paying the irlSlJrance declLlCtible in the event of a 'os..s~ 02/11/98 Home Owner A.greement - Preliminary.doc 10:26 PM (b) the Member must be given an opportunity to be heard, orally or in writing by the Board not less than five days before the effective date of the imposition of the discipline, The Member shall have the opportunity to present wtnesses on the Member's behalf and to cross-examine any wtnes..c;es wflo may testify against the Member, (v) Except as may be limited by the Bylaws, the Board may delegate any of the Association's povvers and duties to its employees, committees or agents, including a professional management agent 5,7 Duties of the As....c;ocjation In addition to the duties descAibed in the Articles or Bylaws, or elsewflere in this Declaration, the Association shall have the duty to manage the Common Area, perform the maintenance as described in Section 4.3, prepare, periodically update, and c.omply with the maintenance and inspection guidelines described in Section 4.4, prepare and distribute financial statements, reports and copies of Governing Documents as desc.fibed in Section 5.10, enforce bonded obligations as desc.fibed in Section 5.11, levy and c.ollect assessments as described in Article 6, prepare 'tvtlen required the reserve studies described in Section 6.3 and annually review and implement adjustments as required, and procure and maintain the insurance as described in Article 8. The Association shall perform such other acts as may be reasonably necessary to exercise its povvers to perform its duties under any of the provisions of this DecJaration, the Articles, Bylaws, Rules or Board resolutions. 5.8 Taxes and Assessments. The Association shall pay all real and personal property taxes and as..c;essments and all other taxes levied against the Association, the Common .Area or the personal property OVlKled by the Association. Such taxes and assessments may be contested or compromised by the Association, provided that they are paid or that a bond insuring payment is posted before the sale or the disposition of any Property to satisfy the payment of such taxes. 5.9 Utilitv Service to the Common Area. The Owners shall acquire, provide and pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone, gas and other necessary utifity services for the Common Area. 5,10 ReportinQ ReQuirements. The As-~ciation shall prepare and distribute the following: (i) a pro forma operating budget for each fiscal year shall be dstributed not less than 45 days nor more than 60 days before the beginning of the fiscal year consisting of at least the following: (a) estimated revenue and expenses on an accrual basis; (b) a st/mmary of the Association's reserves based on the most recent reserves review or study conducted ptrsuant to Section 6.3, which shall be printed in bold type and shall include the following: (1) the current estimated replacement cost, estimated remaining life and estimated useful fife of each major component which the A.ssociation is obligated to maintain (collectively the "Major Components"); (2) as of the end of the fiscal year for which the study was prepared: a. the current estimate of cash reserves necessary to repair, replace, b. restore or maintain the Major Components; and c the curent amount of accumulated cash reserves actually set aside to repair, replace, restore or maintain the Major Components; and (3) the percentage that the amount in subsection (2) b is to the amount in subsection (2)a; (c) a statement as to whether the Board has determined or anticipates that the levy of one or more special assessments "viII be required to repair. replace restore any Major component or to provide adequate reserves therefor; (d) a general statement addressing the procedures used for the calculation and establishment of those reserves to defray the future repair, replacement or additions to the Major Components; and (e) a statement desc.ribing the Members' rights to obtain copies of the minutes of meetings of the Board of Directors, including a description of how and where these minutes may be obtained. I"'t. __.___. ,....__: 02/11/98 Home u\!\!I1er Agreement - Preliminary. doc 10:26 PM (f) whether or not the insurance coverage extends to the real property and improvements to the separate interests~ (viii) a summary of the Associations earthquake and flood insurance policy, if any, that states all of the follo""1ng: ( a) the name of the insurer; (b) the policy limits of the insurance; (c) the insurance deductible; and tn) the person or entity that is responsible for paying the insurance deductible in the event of a 'oss~ (Ix) a summary of the liability policy for the directors and officers of the A~.ociation that lists all of the following: (a) name of the instlrer; and (b) the policy limits of the insurance~ 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 replaced. If the Association renews any of the policies described in Sections 5.10{vii), (viii) and fix) or a new policy is issued to replace an insurance policy of the Association, and where there is no lapse in coverage, the Association shall notify its Members of the fact in the next available meeting to all Members plrsuant to Corporations Code section 5016. To the extent that the information to be disclosed pursuant to Sections 5.10(vii), (viii) and fix) is specified in the insurance policy declaration page, the Association may meet the requirements of those subdivisions by making copies of that page and distributing it to all its Members. The provisions of this Section 5.10 are intended to comply with the requirements of Civil Code sections 1354(i), 1363.05{e) and 1365 in effect as of the date this Declaration was recorded in the county records. If these Civil Code sections are amended or repealed in any manner, the provisions of this Section 5.10 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 since the date this Declaration was recorded, and the Board should confirm the current statutory requirements. 5~ 11 Enforcement of Bonded Obligations. If the Association is the obliges under a bond or other arrangement ("Bond'1 to secure performance of the commitment of the Declarant or a successor or assign to complete the Common Area Improvements not completed at the time the California Commissioner of Real Estate issued a final subdivision report, for the latest phase of the Development. the Board will consider a 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 by the later of: (i) 60 days after the completion date specified for that Improvement in the "planned construction statement" appended to the Bond; or (ii) 30 days after the expiration of any written extension given by the Association. If the Board fails to consider a vote on the action to enforce the obligations under the Bond, or if the Board decides not to initiate action to enforce the obligations under the Bond, then on receipt of a petition signed by Owners representing not less than 5% of the total voting power of the As-sociation, the Board shall call a special meeting of Owners for the purpose of voting to override the decision of the Board not to initiate action or to compel the Board to take action to enforce the obligations under the Bond. The Board shall give written notice of the meeting to all Owners entitled to vote in the manner provided in this Declaration or in the Bylaws for notices of special meetings of Owners. The meeting shall be held not less than 35 days nor more than 45 days after receipt of the petition. At the meeting, the vote in pers.'::!n or by proxy by a majority of the Owners entitled to vote (other than Declarant) in favor of taking action to enforce the obligations under the bond shall be considered the decision of the Association; and the Board shall implement this decision by initiating and pursting appropriate action in the name of the Association, Upon satisfaction of the Declarant's obligation to complete the Common Area Improvements, the Board shall acknowledge in writing that it approves the release of the bond and shall execute any other documents or instruments as may be necessary or advisable to effect the release of the Bond. The Board shall not condition its approval to release the Bond on the satisfaction of any condition other than the completion of the Common Area Improvements as described in the "planned construction statement". Any dispute betvveen the Declarant and the Association regarding the completion of the Common Area shall be resolved in accordance with the procedures of Section 12.17. r"'t. ._I.~_I f"'to__: L_ 02/11198 Home v\M1er Agreement - Pre!iminarydoc 10:26 PM 5.12 Limitations on Authority of the Board. The Board shall not take any of the following actions except with the consent, by vote at a meeting of the Association or by written ballot without a meeting plXsuant to Corporations Code section 7513 or any successive statute thereto, of a simple majority of the Members other than Declarant constituting a quorum of more than 50% of the voting power of the Association residing in Members other than the Declarant: 0) incur 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: (ii) sell 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; (iii) pay compensation to members of the Board or to officers of the Association for services performed in the conduct of the Association's business, provided that the Board may reimburse a member or officer for expenses incurred in carrying on the business of the Association: (iv) enter into a contract with a third Person to furnish goods or services for the Common Area or the Association for a term longer than one year '^~th the following exceptions: (a) a management contract, the terms of which have been approved by the Federal Housing Administration or Veterans Administration; (b) a contract with a public utility company if the rates charged for the materials or services are regulated by the Public Utilities Commission, provided the term does not exceed the shortest term for which the supplier will contract at the regulated rate: (c) prepaid casualty or liability insurance policies not to exceed three years' duration, provided the policy permits for short rate cancellation by the insured; (d) lease agreements for laundry room fixtures and equipment not to exceed five years' dlration, provided the Declarant does not have a direct or indirect ownership interest of 10% or more in any lessor under such agreements; (e) agreements for cable television services and equipment or satellite dish, television services and equipment not exceeding five years in duration, provided the supplier is not an entity in which the Declarant has a direct or indirect ownership interest of 10% or more; (f) agreements for sale or lease of burglar alarm and fire alarm equipment, installation and services not exceeding five years' auration, provided that the supplier or suppliers are not entities in which the Declarant has a direct or indirect ownership interest of 10% or more; and (g) 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 90 day'S written notice of termination to the other party; or (v) borrow money secured by any Association assets as authorized under Section 5.6{iii). 5.13 Notice of SiQl'lificant Leoal ProceedinQS. Notwithstanding anything herein to the contrary, the Board shall not institute any significant legal proceeding, including any arbitration or judicial reference proceeding, against any Person without providing the Members of the Association with at least 30 days' prior written notice of the Associations intention to institute legal proceedings. The notice shall describe the purpose of the proceeding, the parties to the proceeding, the anticipated cost to the Association (including attorneys' fees) in processing the proceeding, the source of funds to process the proceedings (reserves or special or regular assessments), and suggested information that should be disclosed to third parties, such as prospective plXchasers and lenders, while the proceeding is being prosecuted. For purposes herein, "significant legal proceeding" shall mean any legal proceeding in which it reasonably could be anticipated that any of the following events cOL~d occur: (i) the levy of a special assessment to fund all or any portion of the proceeding; (ii) the expenditure of funds from the Association's reserves in comection with the proceeding in an amount in excess of 5% of the then current reserves: f _f ""L_ ~ 02/11/98 Home '-'IMler Agreement - Preliminary.doc 10:26 PM (iii) the amount of the claim is in excess of 525,000: or (iv) the action could have a material adverse effect on the ability to sell and/or refinance the lots within the Development during the period the proceeding is being prosecuted. !f the proposed lega! proceeding is against the Declarant or other developer for alleged damage to the Common Area, alleged damage to the separate interests 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 Area or separate interests that the Association is obligated to maintain or repair, the notice also shall specify each of the following (unless not required by reason of Civil Code section 1375(g)(1 )(E) or 1375(g)(2)(D)) as amended from time to time: (v) that a meeting will take place to discuss problems that may lead to the filing of a civil action and the time and place of the meeting; and (vi) the options, including civil actions that are available to address the problems. Notwithstanding the foregoing, the notice shall not be required to commence and pursue any action to collect delinquent assessments as described in Section 6.10 or to enforce any Common Area completion bond as described in Section 5.11. Furthermore, if the Board in good faith determines that there is insufficient time to provide prior notice to the Members as required herein prior to the expiration of any applicable statute of limitations or prior to the loss of any other significant right of the Association, the Board may take the necessary steps to commence the proceeding to preserve the rights of the Association, provided that as soon as is reasonably practical thereafter, and not later than 30 days following the commencement of the proceeding, the Board shall provide the Members with notice as required herein ARTICLE 6 - Assessments 6.1 ObliQations to Pav Assessments. The Owner of each Lot is obligated to pay any assessments levied against that Owner's Lot on or before the due date of the assessment. If there is more than one Owner of the Lot, the obligation is joint and several. Each Owner on acceptance of title to a Lot automatically personally assumes the obligation to pay any assessments against the Owner's Lot (including, but not limited to, that portion of the annual regular assessment not yet due and payable) and agrees to allow the Association to enforce any assessment lien established hereunder by nonjudicial proceedings under the power of sale or by any other means authorized by law. The Owner shall be liable for the ful assessment levied against that Owner's Lot regardess of the Owner's possession or use of the Lot, the Common Area or any services rendered by the Association. The Owner has no right or power to commit or omit any act, such as waiving the right to use the Common Area Improvements, in an attempt to eliminate or reduce the assessments against that Owner's Lot, An assessment shall be both a personal obligation of the Owners of the Lot against which the assessment is levied and, on the recordation of a notice of delinquent assessment, a lien against the Lot. .A.ny Owner who transfers a Lot shall remain personally liable for any unpaid assessments that accrued on or before the date of the transfer. No Owner shan be liable for any defaults of the Owner's predecessor in interest in the payment of any assessment that has accrued prior to the Owner taking title to the property unless that Owner expressly assumes the obligation to cure the delinquent assessments Notwithstanding the foregoing, any Owner who takes title to a Lot on which a lien for a delinquent assessment has been establis.l-:ed will take title subject to the lien and the Association's enforcement remedies as a result thereof unless the Owner takes title under a foreclOSU'e or trustee sale resulting from a foreclosure or exercise of a power of sale under a Mortgage, deed of trust, or other lien recorded before the recordation of the notice of delinquent assessment 6,2 Annual ReQUar Assessment, Not more than 90 days nor less than 60 days before the beginning of each fiscal year of the Association, the Board shall meet for the purpose of establishing the annual regular assessment for the forthcoming fiscal year. At such meeting, the Board shall review the preliminary pro forma operating budget prepared in accordance with the provisions of Section 5.1 0(1), any written comments received from Members and Mortgagees, and such other related information that has been made available to the Board. After making any adjustments that the Board considers appropriate and subject to such Member approval as may be required by Section 6.6, the Board wi/! establish an annual regUar assessment for the forthcoming fiscal year. Each annual regular assessment shall include a portion for reserves as described in Section 6.3. If the Board for any reason fails to take the appropriate steps to establish the annual regular assessment for the next fiscal year, the annual regular assessment for the preceding fiscal year shan continue in effect subject to the Board's right at anytime cUing the next fiscal year to adjust the assessment pt..rsuant to the proced.res described herein, f""I. __'-__1 I""'lto__~ 02/11/98 Home uwner Agreement - Preliminary doc 10:26 PM Deciaranfs obligation to pay regular assessments for Lots ovvned by Declarant may be reduced or abated pursuant to a maintenance or subsidy agreement between Declarant and the Association and approval by the California Department of Real Estateo 6.3 Reserves and Reserves StudVo 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 as described in Section 5.1 O(i)(b)(1) that the Association is obligated to maintain ,and repair Reserve funds shalf be deposited in a separate account; and the signatures of at least two persons, who shall either be members of the Board or one officer who is not a member of the Board and a member of the Board, shall be required to withdraw monies from the reserve account, Reser.....e 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. 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~f!ow requirements or other expenses, provided the Board has made a written finding, recorded in the Board's minutes, explaining the reason that the transfer is needed and describing 'Nhen and how the money..>Jill be repaid to the reserve fund. The transferred funds shalf be restored to the reserve fund within one year of the date of the initial transfer, provided that the Board, on the making of a finding supported by documentation that a temporary delay is in the best interest of the Development, may delay temporarily the restoration. The Board shall exercise prudent fiscal management in delaying restoration of these funds and in restoring the expended funds to the ~eserve account and, if necessary, shalf levy a special assessment to recover the full amount of the expended funds within the time limits required herein. This special assessment shall be subject to the assessment increase restrictions set forth in Section 6.6 and Civil Code section 1 366{b}. If the Board elects to use reserve funds or to temporarily transfer money from the reserve fund to pay for litigation, the Association shall notify the Members of that decision in the next available mailing to all Members pursuant to Corporations Code section 5016. The notice shall inform Members of the availability of an accounting of these expenses. The Board shall distribute a written accounting of this expense to the Members on at least a quarterly basis, with the first accounting to be delivered no later than the 30th day following the Board's decision to use reserve funds for litigation, either directly or through a transfer to operating funds. In any proposed litigation in which the amount in controversy is expected to exceed $25,000, the first accol.'!1ting shall include a description of expenses paid to date, a description of the principal terms and conditions of any contract with any Person providing services in connection with the litigation. including attomeys and expert witness, a good faith estimate of the total legal fees, expert fees and other litigation costs that may be incurred, and a sample disclosure that Members should provide prospective purchasers, lenders and other parties that have obtained or may obtain an interest in the Owner's Lot regarding the litigation. In each subsequent accounting, the information required in the first accounting shall be appropriately updated. 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, at a minimumo shall 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 Major Components identified in subparagraph (i) as of the date of the study; (iii) an estimate of the cost of repair, replacement, restoration, or maintenance of the Major Components identified in subparagraph (i) during and at the end of its usefLd life; and (iv) an estimate of the total annual contribution necessary to defray the cost to repair, replace, restore, or maintain the Major Components 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 estimated funds vvhich 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, 02/11/98 Home uwner Agreement - Preliminary. doc 10:26 PM The provisions of this Section 6,3 are intended to comply with the requirements of Civil Code sections 1365.5(c) and (d) in effect as of the date this Declaration was recorded in the county records. If these Civil Code sections are amended or repealed in any manner, the provisions of this Section 6.3 automatically shall be amended or repealed in the same manner. Civil Code sections 1365.5(c) and (d) may have been amended by the State Legislature since the date this Declaration was recorded, and the Board should confirm the current statutory requirements. 6.4 Special Assessments, Subject to the restrictions described in Section 6.6, the Board may levy a special assessment if the Board in its discretion determines that the Association's available funds are or will become inadequate to meet the estimated expenses of the Association, including, but not limited to, expenses resulting from inadequate reserves, lJ1anticipated delinquencies, costs of construction, unexpected repairs or replacements of capital Improvements, inadequate insurance proceeds, or other unanticipated expenses. The Board may levy the entire special assessment immediately or levy it in installments over a period the Board considers appropriate. 6.5 Reimbursement Assessments. The Board shall have the authority to levy reimbursement assessments against one or more Lot Owners to reimburse the Association for any costs incurred or to be incurred by the Association as the result of any act or omission of any Owner or occupant of any Lot or their family members, guests or agents. The levy shall not include any portion that is paid or to will be paid by any insurer LrIder a policy maintained by the Association, Payment of the deductible amount shall be the responsibility of the DIM1er. In addition to reimbursing the Association for costs necessary to repair any Common Area or other Property that is maintained by the Association, the Association may seek reimbursement for any costs incurred by the Association, including attorneys' fees, to bring the O.vner or occupant or the Owner's Lot into compliance with this Declaration, the Articles, Bylaws or Rues. A reimbursement assessment may not be levied against any Lot until notice and hearing have been provided the Owner as described in the Bylaws; and LrIder no circumstances may a reimbursement assessment (or a monetary penalty imposed by the Association as a disciplinary measure for violation of the Declaration or Rules) become a lien against the O.'vner's Lot that is enforceable by nonjudicial foreclosure proceedings LrIder a power of sale. The foregoing restriction on enforcement is not applicable to late payment penalties or interest for delinquent assessments or charges imposed to reimburse the Association for loss of interest or for collection costs, including reasonable attorneys' fees, for delinquent assessments. 6.6 Assessment Increase Restrictions. The Association shall provide notice by first-class mail to the Or'lrT1erS of any increase in the regular or special assessments not less then 30 days nor more than 60 days prior to the cUe date of the increased assessment The Board may not: (i) impose an annual regular assessment for any fiscal year more than 20% above the annual regular assessment for the Association's preceding fiscal year, or (ii) impose special assessments which in the aggregate exceed 50% of the budgeted goss expenses of the Association for that fiscal year without the approval of a majority of the votes of Owners at a meeting of the Members of the Association at which a "quorum" is present. For purposes of this section, a quorum means more than 50% of the Owners, and the meeting must be conducted in accordance with Corporations Code sections 7510 through 7527 and 7613. The foregoing restrictions on assessment increases do not apply to increases necessary for emergency situations. An emergency situation is anyone of the following: (i) an extraordinary expense required by an order of court; (ii) an extraordinary expense necessary to repair or maintain the Development or any part of it that the Association is responsible to maintain vvhere a threat to personal safety on the Property is discovered; or (iii) an extraordinary expense necessary to repair or maintain the Development or any part of it that the Association is responsible to maintain that could not have been reasonably foreseen by the Board in preparing and distributing the pro forma operating budget required under Civil Code section 1368, provided that before the imposition or collection of any assessment under this subparagraph the Board must pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not or could not have been reasonably foreseen in the budgeting process and shall distribute the resolution to the Members with the notice of the assessment. If the Board fails to distribute the pro forma operating statement as required by Section 5.10(i) for any fiscal year, the Association may not increase its annual regular assessment for that fiscal year, as authorized by Civil Code section 1366(b), unless the Board has obtained the approval of a majority of the votes of the Owners at a meeting of the Members at which a quorum was present. For the foregoing purposes, a "quorum" means more than 50% of the Owners of the Association: and the meeting must be conducted in accordance with Corporations Code sections 7510 through 7527 and 7613 or any successor statute thereto. The provisions of this Section 6.6 are intended to comply with Civil Code section 1366(a) and (b) in effect as of the date this Declaration was recorded in the county records. If this section is amended in any manner, the 02/11/98 Home uvvner Agreement - Preliminarf,doc 10:26 PM provisions of this Section 6.6 automatically shall be amended in the same manner, provided that if Civil Code section 136S'b) is repealed and no successor statute Is enacted with respect to restrictions on assessments, the provisions of this Section 6.6 shall remain in full force and effect. Civil Code sections 1366(a, and (b) may have been amended by the State LegislatJ.Jre since the date this Declaration was recorded, and the Board should confirm the current statutory requirements. 6.7 Commencement of Rea.ular Assessments< Annual regular assessments shall commence for ail Lots in a phase on the first day of the month coinciding with or immediately following the date of the first transfer of title of a Lot in that phase by the Declarant to a purchaser under the authority of a final subdivision public report issued by the California Department of Real Estate or an earlier date at the discretion of the Declarant No Lot shall be subject to any special assessments until regular assessments have commenced against that Lot. 6.8 Due Dates of Assessments< Unless otherwise directed by the Board or unless accelerated as described herein, the annual regular assessment shall be collected in monthly insta"ments and sha" be due and payable on the first day of each month< If any monthly installment is delinquent, the Board, at its election, may accelerate the remaining installment payments so that the entire remaining balance of the annual regular assessment is immediately due and payable. Special assessments shall be due on such date or dates as selected by the Board. Reimbursement assessments shall be due and payable ten days after the Owner receives the notice of the reimbursement assessment. The notice shall be deemed received on the date described in Section 1215. Any annual regular assessment installment (including any accelerated installments, special assessment, or reimbursement assessment not paid within 15 days after the due date shall be delinquent, shall bear interest at the rate of 12% per annum from 30 days after the due date until paid, and shall incur a late penalty in an amount to be set by the Board from time to time, not to exceed the maximum amount permitted by law. 6<9 Allocation of ReQUlar and Special Assessments. Regular and special assessments levied by the Board shall be allocated in equal amounts among the Residential Lots< 6< 1 0 Enforcement of Delinquent A.s.sessments. The Association may elect to pursue one or both of the following remecies in the event of a delinquent assessment: (i) Personal ObliQation< The Association may bring a legal action directly against the Owner for breach of the Owner's personal obligation to pay the assessment and in such action shall be entitled to recover the delinquent assessment or assessments, accompanying late charges, interest, costs and reasonable attorneys' fees. Commencement of a legal action shall not constitute a waiver of any lien rights as described in Section 6.10(ii). (ii) Assessment Lien. The Association may impose a lien against the Owner's Lot for the amount of the delinquent assessment or assessments, together with accompanying late charges, interest, costs and reasonable attorneys' fees, by recording a notice of delinquent assessment in the records of the county in which the Development is located. The notice shall describe the amount of the delinquent assessment or assessments< the related charges authorized by this Declaration, a description of the Lot, the name of the OMler, and, if the lien is to be enforced by power of sale under nonjudicial foreclosure proceedings. the name and address of the trustee 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< Unless the Board considers the immediate recording of the notice of delinquent assessment of delinquent assessment to be in the best interests of the Association, the notice of default and demand for payment shall not be recorded until 15 calendar days after the OMler has received a written notice of default and a demand for payment from the Association< The notice of default and demand for payment shall be deemed received on the date described in Section 12.15. If the delinq....lent assessment or installment and related charges are paid or otherwise satisfied, the Association shall record a notice of satisfaction and release of lien. 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 VY'ith 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 the 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) '""'. ._,~_I r""lI__= ...A 1..- 02/11/98 Home uwner Agreement - Preliminary doc 10:26 PM (a) (2), a notice of rescission. In addition to the remedies described herein, the Board, pending the payment in fL~1 of all delinquent assessments and related charges, may suspend the voting rights of the OwneL 6011 Assessment Exemptiono The Declarant and any other CMmer of a Lot are exempt from the payment of that portion of any assessment that 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. This exemption from the payment of assessments shall be in effect until the earliest of the following events: (i) a notice of completion of the common facility has been recorded: or (ii) the common facility has been placed into useo 6.12 Estoppel Certificate, Within ten days of the mailing or delivery of a written request by any Ow1er, the Board shall provide the Owner with a written statement containing the following information: (i) whether to the knowledge of the Association, the Owner or occupant of the Owner's Lot is in violation of any of the provisions of this Declaration, the Articles, Bylaws or Rules; (ii) the amount of regular and special assessments, including installment payments, paid by the Owner during the fiscal year in vvhich the request is received; and (iii) the amount of any assessments levied against the Owner's Lot that are lI'lpaid as of the date of the statement, including any late charges, interest or costs of collection. and 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 Association may charge a fee to provide this information provided the fee shall not exceed the Association's reasonable cost to prepare and reproduce the reqt!ested items. ARTICLE 7 - Architectural Reviews 701 Architectural Review Committee. An Architectural Review Committee (the "Committee") may be established by the Declarant or by the Board. The Committee shall consist of three members. Declarant may appoint all of the original members of the Committee and all replacements until the first anniversary OT the issuance of the original final subdivision public report for the Development, Declaranfs appointees need not be Members of the Association. Declarant shall have the right to appoint a majority of the members of the committee until 900Al of all the Lots in the Development have been sold or until the fifth anniversary of the issuance of the final public report for the first phase of the Development, whichever occu"s first. On the first anniversary date of the issuance of the original public report for the first phase of the Development, the Board shall have the power to appoint one member to the committee until 90% of the Lots of the Development have been sold or until the fifth anniversary date of the issuance of the final public report for the first phase of the Development, vvhichever first occurs. Thereafter, the Board shall have the power to appoint all of the members of the Committee. The Board appointees shall be Members of the Association. The term of the members shall be as desigrl8ted by the Declarant or by the Board, If a member is removed from the Committee for any reason, the person appointing the member immediately shall appoint a replacement for the balance of the removed member's term. Until a replacement is named, the remaining members of the Committee shall have full authority to act on behalf of the Committee No member of the Committee shall be entitled to any compensation for serving as a member, provided that member shall be entitled to be reimbursed by the Committee for any expenses incurred by the member in performing its duties, provided the member received prior authorization for the incurrence of the expense. All actions of the Committee shall be governed by a majority vote of the members. The Committee shall meet at such times and places as it shall designate. Meetings of the Committee shall be open to all Members of the Association, The Committee may adopt guidelines regarding the type, location, quality, size, height and other matters relating to any Improvements or landscaping to be constructed or installed on the Lots and may establish a procedure for reviewing all plans and specifications submitted to it for prior approval and shall be responsible for periodic review and modification of the guidelines. The guidelines shall comply with the use restrictions described in Article 3. Factors that shall be considered in approving proposed plans and specifications shall include without limitation: (i) conformity and harmony of external design with other Lots in the Development; (ii) effect of the proposed location on neighboring Lots; (iii) relation of the topography, grade and finished ground elevation to that of adjoining Lots; (iv) proper facing of elevations with respect to nearby streets and adjoining Lots; (v) overall conformity with the general purpose of the Development and the restrictions in this Declaration; and (vi) the glidelines. 7.2 Approval. None of the following actions shall take place on any Lot without the prior written approval of the Committee: (i) any construction, installation, repair (including exterior painting), replacement. alteration or removal of any building, structure, wall, garage, ( ii) any placement or storage of building materials or temporary strtlCtures (including trailers, tents, mobile homes, offices or vehicles). 02/11/98 Home uwner Agreement - Preliminary,doc 10:26 PM Approval shall reqtlire the applicant to ~_Ibmit to the Committee plans and specifications in a manner and form satisfactory to the Committee. All plans and specifications shall conform with any guidelines established by the Committee Plans shall adequately describe the proposed Improvements; plot layout; all exterior elevations: materials; colors Notwithstancing anything herein to the contrary, any Owner may repaint the Improvements on the Owner's Lot in the same colors and remove and replace any siding or roofing materials in the same material and in the same color as originally constructed by Declarant without the approval of the Committee~ 7~3 ComDletion of VVork~ On receipt of approval, the ONner shall commence the \A..ork as soon as reasonably practicable and shall diligently pursue the completion of the IM>rk within 60 days after receipt of approval 7A Non-liabilitv~ The Association, the Committee, the Declarant, or the other Lot Owners, or their respective successors or assigns, shall not be liable to any Person submitting plans to the Committee for approval or to any other Lot Owners or occ.upants by reason of any act or omission arising out of or in connection with the approval or disapproval of any plans or specifications. 7.5 Board's Authoritv~ If for any rp.Bson the Committee is not established or not active, the Board shall perform the duties and shall have the rights of the Committee as described in this Article 7. 7.7 Governmental Approval Before commencement of any alteration or Improvement approved by the Committee, the o",fier shall c.omp!y \Nith all the appropriate governmental lavvs and regulations. Approval by the Committee does not satisfy the appropriate approvals that may be required from any governmental entity with appropriate jurisdiction. 7~8 Declarant Exemption. Declarant, or its successor or assign, shall not be subject to the approval requirements of this Article 7 in c.onnection \Aj,th the c.onstmction or alteration of any Improvement "...nthin the Development. provided that this exemption shall expire on the third anniversary date of the recordation of the declaration of annexation annexing the last phase into the Development. ARTICLE 8 - Insurance 8.1 Liabiliv Insurance~ The As...c;oc.iation shall obtain and maintain a comprehensive public liability insurance policy insuring the Association, any manager, Declarant, the Association's directors and officers, and the Owners and occupants of the Residential Lots and their respective family members against any liability incident to: (i) the ownership or use of the Common Area or any other Association owned or maintained real or personal property, and (ii) the perlormance or nonperlormance of any of the Association's duties under this Declaration~ The policy shall include, if obtainable, a cross liability or severability of interest endorsement insuring each insured against the liability to each other. 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 shall include coverage against water damage liability, liability for non-owned and hired automobiles, liability for property of others, and other liability or risk customarily covered with respect to projects similar in construction, location and use and shall require at least ten days' 'Mitten notice to the Association before the policy can be cancelled or substantially modfied. 82 Association Propertv Insurance. The As...ClOCiaticn may obtain and maintain a master property insurance policy insuring the Common Area Improvements against losses by fire and any other hazards H the Improvements are of the type normally covered by property insurance and the Board determines in its discretion that it is prudent to maintain such insurance. If maintained, the insurance shall contain such terms and condtions as the Board in its dscretion shall select 8.3 Board's Authority to Revise insurance CoveraQe~ The Board shall have the power and right to deviate from the insurance requirements contained in this Article 8 in any manner that the Board, in its discretion, considers to be in the best interests of the Association, The Board is authorized to negotiate and agree on the value and extent of any loss under any policy carried by the Association, including, but not limited to, the 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 insureL Each Owner, by acceptance of a deed to a Lot, irrevocably appoints the Association or the Insurance Trustee, described in Section 8.6, as that Owner's attorney-in-fact for purposes of procuring, negotiating, accepting, compromising, releasing, settling, distributing and taking other related actions in comection with any insurance policy maintained by the _ L._ __, '''''L_: 02/11198 Home Owner Agreement - Preliminary.doc 10:26 PM Association and any losses or claims related thereto and agrees to be bound by the actions so taken as if the Owner had personally taken the action 8.4 Periodic Insurance Review~ The Board periodically (and not less than once every three years) shall review the Association's insurance policies and make such adjustments to the policies' terms and conditions as the Board considers to be in the best interests of the Association. The review shall include an appraisal by a qualified appraiser of the current replacement costs of all covered property under the Association's policy unless the Board is satisfied that the current dollar limit of the property policy, coupled with the amount of actual reserves on hand, is equal to or greater than the current replacement costs. 8.5 Insurance Trustee. All property insurance proceeds payable to the Association under the policy described in Section 8.2, subject to the rights of Mortgagees under Article 10, may be paid to a trustee as designated by the Board to be held and expended for the benefit of the Owners and Mortgagees as their respective interests shall appear. The trustee shall be a commercial bank or other financial institution \/'vith trust powers in the county in which the Development is located that agrees in writing to ac.cept such trust. If repair or reconstruction is authorized, the Association will have the duty to contract for such work as provided for in this Declaration. 8.6 Individual Property Insurance Policies. Each Owner shall obtain and maintain, at the Owner's expense, a property insuTance policy ,,,,hich provides in the minimum "special forms. coverage or its equivalent in an amount not less than 90% of the replacement cost of the insurable Improvements on the Lot. The policy shall contain the following endorsements or their equivalents: agreed amount, inflation guard, ordinance or law, and replacement cost. The policy shall provide liability coverage in such amounts and for such acts or omissions as are normally and customarily included in homeOl,"mers property insurance policies of the types required herein, The Board from time to time may require each av....ner to provide a certificate from the Owner's insurer certifying that the required insurance has been procured and is in fl~! force and effect. 8.7 Other Insurance. In addition to the policies described in Sections 8.1 and 8.2, the Association shall obtain and maintain the following insurance: (i) Workers Compensation Insurance to the extent required by law: (ii) fidelity bonds or insurance covering officers. directors and employees "",,tho have access to any As....~iation fLlnds; (iii) officers and directors liability insurance; and (iv) such other insurance as the Board in its discretion considers necessary or advisable ARTICLE 9 - Damaqe. Destruction or Condemnation 9.1 Repair or Reconstruction. If an Improvement on any Lot is damaged or destroyed by fire or other casualty, the Owner of such Lot shall repair or reconstruct the Improvement in accordance 'I\lith the original as-built plans and specifications subject to such modifications as may be approved by the ArchitectLral Review Committee or as required by law. If any Common Area Improvement is damaged or destroyed by fire or other casualty, the Association shall repair or reconstruct the Improvement substantially in accordance with the original as-built plans and specifications subject to such modifications as may approved by the ArchitectLral Review Committee or as required by law~ Notwithstanding the foregoing but subject to the provisions of Section 9.3, the Association will not be required to reconstruct or restore the damaged or destroyed Common Area Improvement if there are not available insurance proceeds and reserves sufficient to pay for at least 85% of the costs of such repairs or reconstruction and three-fourths of the total voting power of the Association's residing Members and their first lenders vote against such repair or reconstruction, 9.2 Reconstruction Contract. If the Common Area Improvements are to be rebuilt or restored, the Board shall solicit and obtain bids from at least two reputable contractors to repair and reconstruct the Common Area Improvements in accordance with the original plans and specifications, subject to such changes as may be approved by the Architectural Review Committee or required by law and shall award the repair and reconstruction work to the lowest bidder unless the Board in its reasonable judgment elects to select a higher bidder. The Association shall have the authority to enter into a written contract with the contractor or contractors for the repair and reconstruction, and the insurance proceeds held by the Association or insurance trustee shall be disbursed to the contractor according to the terms of the contract. It shall be the obligation of the Association to take all steps necessary to ensure the commencement and completion of authorized rebuilding at the earliest possible date. I""t. __1___1 P"'\-_: 02/11/98 Home Owner Agreement - Preliminary~doc 10:26 PM 9.3 Minor Repair and Reconstruction and Dec:luctibles. The Association shall have the duty to repair and reconstruct Common Area Improvements within the Development without the requirement of any consent of the Owners and irrespective of the amount of available insurance proceeds in all cases of partial destruction when the estimated cost of repair or reconstruction does not exceed 820,000, which amount shall be increased 3% per annum on a compounded basis commencing on the anniversary date of the recordation of the Declaration and each anniversary date thereafter. The Association may levy a special assessment for the cost of repairing and reconstructing Improvements to the extent insurance proceeds are unavailable pursuant to the procedures described in Article 6. 9.4 Completion of Repair or Reconstruction. The repair or reconstruction of any Improvement, including a residence, shall commence no later than 90 days after the date of such damage or destruction and shall be completed no later than 180 days subject to extensions of like periods because of delays that are beyond the control of the party responsible for making the repairs. The party responsible for making the repairs immediately shall take such steps as may be reasonably required to secure any hazardous condition resulting from the damage or destruction and to screen any unsightly views. 9.51;1~5lI1~N..Qt t~~ebuilQ. If any Common Area Improvement is not repaired or reconstructed in accordance with the foregoing, any Association's obligation to maintain. repair or insure the Improvements shall terminate and aft available insurance proceeds will be disbursed to the Association unless Members holding a majority of the total voting power elect to have the proceeds disbursed to the Owners, in which case the proceeds shaft be disbursed equally among aft the Lots, subject to the rights of the Owners' respective Mortgagees, after first applying the proceeds to the cost of mitigating hazardous conditions on the Property, screening the area from unsightfy views, and complying \Nith aft the applicable requirements of governmental agencies. 9,6 Condemnation, If any action for condemnation of all or any portion of the Common Area is proposed or threatened by any governmental agency having the right of eminent domain, then, after approval by vote or written consent of Members holding at least 51 % of the total voting power of the Association and with the consent of the first Mortgagees as may be required herein, the Common Area or a portion of it may be sold and conveyed to the condemning authority by the Association. In addition, the Association, acting as the attorney-in-fact of ail the Owners under an irrevocable power of attorney, which each Owner by accepting a deed or a Lot in the Development grants to the Board, and which shall be coupled with the interest of all other ONners, may abandon any easements that the ONners retain over that portion of the Common Area that is sold. Proceeds of any such sale shall be allocated equally among the Lots and distributed to each Owner and their Mortgagees as their respective interests may appeaL If the Common Area or any portion of it is not sold but is instead taken, the award shall be apportioned among the Owners and their respective Mortgagees by the terms of the judgment of condemnation; and if not so apportioned, then the award shall be allocated equally among the Lots and c5stributed to each Owner and their Mortgagees as their respective interests may appear Notwithstanding anything herein to the contrary, the Board may elect to retain all or any portion of any condemnation proceeds with the Association's funds in lieu of distribution. ARTICLE 10 - RiQhts of Mort~~~ 10.1 Lender Definitions, Unless the context indicates otherwise, the following terms as used in this Article 10 shall have the definitions contained in this Section 10,1, An "institutiona!" Mortgagee is a first Mortgagee that is: (i) a federally or state chartered or licensed bank or savings and loan association; a mortgage company or other entity chartered or licensed under federal or state laws whose principal business is lending money on the security of real property or investing in such loans; (iii) an insurance company; (iv) a federal or state agency or instrumentality including, without limitation, the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation; or (v) an insurer or governmental guarantor of a first Mortgagee including the Federal Housing Authority and the Veterans Administration. A "first Mortgage" or First Mortgagee" is one having a priority as to all other Mortgages or holders of Mortgages encumbering the same Lot or other portions of the Development. 102 Encl"tmbram;J'~ Any Ovvner may encumber his or her Lot vvith a Mortgage or Mortgages 10.3 RiQhts of Institutional M~Qees. Any institutional Mortgagee who obtains title to a Lot pursuant to the remedies provided in the first Mortgage, including judicial foreclosure or nonjudicial foreclosure under a power of sale (but excluding voluntary conveyance to the first Mortgagee), shall take the Lot free of any obligation to pay any assessments that were delinquent as of the date the institutional Mortgagee acquired title to the Lot, including any interest, penalties or late charges in connection therewith~ The institutional Mortgagee as Owner of the Lot shall be obligated to pay any assessments that were not delinquent as of the date the institutional Mortgagee took titfe to the Lot and all future assessments levied 02/11/98 Home OV\!ner Agreement - Preliminary doc 10:26 PM against the Lot as long as the institutional Mortgagee remains in title, including any special assessments levied by the Association to raise operating or reserve funds needed because of LtnCollected delinquent assessments, as long as the special assessment is allocated equally among all the Lots, 10.4 Subordination. Any a~-ses-sment lien established under the provi~.jons of this Declaration is expre~-sly made subject to and subordinate to the rights of any Mortgage that encumbers all or any portion of the Development or any Lot made in good faith and for value and recorded before the recordation of a notice of delinquent assessment. No assessment lien shall in any way defeat, invalidate or impair the obligation or priority of such Mortgage unless the Mortgagee expressly subordinates in \Miting its interest to such lien. If any Lot is encumbered by a Mortgage made in good faith and for va!ue, the foreclosure of any assessment lien cannot operate to affect or impair the lien of any Mortgage recorded prior to the recordation of the notice of delinquent assessment Upon the foreclosure of any prior-recorded Mortgage, any lien for delinquent assessment shall be subordinate to the Mortgage lien; and the purchaser at the foreclosure sale shall take title free of the assessment lien. By taking title, the purchaser shall be obligated to pay only assessments or other charges that were not delinquent at the time the purchaser acquired title or that were levied by the Association on or after the date the purchaser acquired title to the Lot A"y subsequently-levied a~~~ments or other charges may include previously-unpaid assessments, provided all Owners, including the purchaser and its successors and assigns, are required to pay their proportionate s.l1are of such unpaid assessments. 10,5 Breaches. No breach of any provision of this Declaration shall invalidate the lien of any Mortgage made in good faith or for value; but all of the covenants, conditions and restrictions shall be binding on any Owner whose title is derived through foreclosure sale, trustee sale or otherwise. ARTICLE 11 - Amendments 11.1 Amendment Before Close of First Sale. Before the close of the first sale of a Lot in the Development to a purchaser other than Declarant or an entity controlled by Deciarant, this Declaration may be amended in any respect or rescinded by Declarant by recording an instrument amending or rescinding the Declaration. Before the close of the first sale of a Lot in a second or subsequent phase of the Development to a purchaser other than Declarant or entity controlled by Declarant, any declaration of amexation recorded pursuant to Article 13 with respect to such phase may be amended in any respect or rescinded by the Declarant by recording an instrument amending the declaration of amexation or rescinding the declaration of annexation. If the declaration of annexation is rescinded, the phase shall be de-amexed from the Development and no longer subject to the Declaration. The amending or rescinding instrument shall make appropriate reference to this Declaration and its amendments and shall be acknowledged and recorded in the county in which the Development is located, For purposes herein, a Person is considered controlled by Declarant if the Declarant holds 50% or more of the capital and profit interests if a partnership, 50% or more of the voting shares if a corporation, and 50% or more of the beneficial interests if a trust. 11.2 Amendment After Close of First Sale. After the close of the first sale of a Lot in the Development to a purchaser other than Declarant or any entity controlled by Declarant and except as otherwise required in Section 10.5, this Declaration may be amended or revoked in any respect with the vote or written consent of the holders of not less than 51 % of the voting rights of each class of Owners or, if a single class of Owners is then in effect, by the vote or written consent of not less than 51% of all votes and 51% of all votes excluding Declarant !f any provision of this Declaration requires a greater or lesser percentage of the voting rights of any class of Owners in order to take affirmative or negative action under such provision, the same percentage of such class or classes of Owners shall be required to amend or revoke such provision. Also, jf the consent or approval of any governmental authority, Mortgagee or other person, firm, agency or entity is reqLJired under this Declaration with respect to any amendment or revoc.ation of any provision of this Declaration, no such amendment or revocation shall become effective unless such consent or approval is obtained. Not\Mthstanding anything herein to the contrary, the provisions of Section 12.17 may not be amended or rescinded IMthout the prior written consent of Declarant. The amendment is effective \M'Ien it has been approved by the appropriate percentage of Owlers as required herein, the approval has been certified in a writing executed and acknowledged by the officer designated in the Declaration or by the Association for that purpose (or, if no one has been designated, the president of the Association), and the amendment and certification have been recorded in the county in 1/IAlich the Development is located. A.RTICLE 12 - Miscellaneous Provisions 12.1 Headinqs 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. P"II.._I___I,",,-_= 02/11/98 Home Owner Agreement - Preliminary doc 10:26 PM 12.2 Severabilitv. The provisions of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any provision or provisions or any portion thereof shall not invalidate any other provision or any portion of the provision found invalid or unenforceable 123 Cumulative Remedies. Each remedy provided for in this Declaration shall be cumulative and nonexclusive, Failure to exercise any remedy provided for in this Declaration shall not, under any circumstances, be construed as a waiver of the remedy. 1? A Discrimination. No O....f1er shall execute or c.ause to be recorded any instrument that imposes a restriction on the sale, leasing or oc"cupancy of the Owner's Lot on the basis of race, sex, marital status, national ancestry, color or religion. 12.5 Access to Books, Any Owner, at any reasonable time and upon reasonable notice to the Board or manager and at the OM1er's expense, may cause an audit or inspection to be made of the books and financial records of the A.ssociation. 12.6 Notific.ation of Sale. No later than five days after the execution of a binding contract to sell any Lot, the selling Owner shall notify the AS.'sociation of such sale, Such notification shall be in writing and shall set forth the name and address of the buyer and the date of sale 12,7 Number and Gender The singular shall include the plural and the plural the singular unle&<; the c-antext requires the contrary; and the masculine, feminine and neuter shall include the masculine, feminine or neuter as the context requires 12,8 Reservation or Grant of Easements. Any easements referred to in this Declaration shall be deemed reserved or granted, or both reserved and granted, by reference to this Declaration in any deed to any Lot 12.9 Incorporation of Exhibits. All exhibits referred to herein and attached to this Declaration are incorporated herein by reference as fully set forth herein 12.10 Enforcement RiQhts and Remedies. The covenants. restrictions, rights and duties contained in this Declaration constitute covenants nmning lJ'o/ith the land and equitable servitudes that benefit and bind each Lot in the Development, each Ov"f1er, and each successive Qv..f1er thereto, and may be enforced by the Association or any Owner in any legal or equitable action pursuant to the procedures described herein. Each Owner acknowledges and agrees that if any Person breaches any of the restrictions contained herein, money damages may not be adequate compensation. As a result, each Owner agrees that in the event of a breach, the non-breaching party, in addition to any other remedy available at law or equity, shall be entitled to equitable relief, including, but not limited to, an order compelling the breaching party to perform an act which the party is required to perform under this Declaration or which is necessary to bring the breaching party or the breaching party's Lot into compliance with restrictions contained herein or prohibiting the breaching party from performing any act that violates the restrictions. NOM~thstanding anything herein to the contrary, the Association shall have the exclusive right to levy assessments and to take appropriate action to enforce delinquent assessments, including imposition of an assessment lien and the foreclosure of the lien. Furthermore, the Association shall have the primary responsibility for enforcing the restrictions contained in Article 3 and the architectural provisions contained in Article 7~ If any Owner or occupant desires the ,lI.,ssociation to take any enforcement action, the Ovvner or occupant shan notify the Association in \'vriting of the alleged violation. On receipt. the Board shall review the matter and shall determine what action, if any, to take. Neither the Board nor the A.ssociation or any director. officer or agent thereof shall be liable if the Board in the exercise of its judgment elects not to take any action. To the extent applicable, the Board shall comply with the due process requirements described in the Bylav\'s. If \'\~thin 90 days after receipt of the notice the Board has failed to take any corrective action and the alleged violation has not been ClJ'ed and is continuing, any Owner may bring an action on the Owner's behalf for appropriate legal and/or equitable relief. In StJch action, the Ovvner shall bear his or her ovvn costs and attomeys" fees, provided that the prevailing party in such action shall be entitled to recovery of such costs and fees. Prior to the commencement of any cbAI action against the As....~ciation or any Owner, the Association or the ONner bringing the civil action shall comply with the reqlirements of Civil Code section 1354 to the extent applicable. 12.11 I~m. The term of this Declaration shall be for a period of 50 years from the date on which this Declaration is recorded in the records of the county in which the Development is located~After that time, this Declaration and each of its restrictions and covenants and other provisions automatically shall be extended for succes.sive ten-year periods P'"'t. __1___1 P""ll__: 02/11/98 Home Owner Agreement - Preliminary.doc 10:26 PM unless this Declaration is rescinded by the written consent of Owners holding a majority of the total voting power of the Association. The res-eission s,"al! be effective on recordation of a notice of rescis-!'~on in the records of the county in \Nhich the Development is located, 12.12 Reserved Riahts of Declarant Declarant is recording this Declaration as part of the construction of a residential development. No covenant or restriction contained herein shall be applied in any manner that would unreasonably interfere with Declarant rights to complete the construction of the Improvements and to sell the Improvements, The rights retained by Declarant during the construction and sales period include, but are not limited to, the right to: (i) maintain construction equipment, personnel and materials on the Property; (ii) use such portions of the Property as may be necessary or advisable to complete the construction or sales: (iii) maintain construction or sales offices on the Property; (Iv) maintain sale signs or other appropriate advertisements on the Property; (v) maintain model homes for viewing by prospective purchasers; and (vi) allow prospective purchasers access to the Property to inspect any Common Area or any model homes. 12.13 Assionment by Declarant Declarant may assign all of its rights and delegate all of its duties to any other Person; and from and after the date of such assignment and/or delegation, the Declarant shall have no further rights and/or duties hereunder. Any successor or assign of the rights and duties of the Declarant may execute an instrument assuming the rights and duties of the Declarant hereunder and thereafter shall be entitled to exercise all the rights of Declarant and shall be obligated to perform all the Declaranfs duties, provided such successor or assign shall not be liable in any manner for any act or omission committed or omitted by the Declarant before the date the successor or assign succeeded to the rights of the Declarant hereunder. 12.14 Attorneys' Fees, Except as provided in Section 12.17 in the event of any litigation or alternative dispute resolution procedure regarding the rights or obligations ot the Association or any Person subject to this Declaration, the prevailing party in such proceeding, in the discretion of the judge or decision-maker, shall be entitled to recover costs. including reasonable attomeys" fees. 12.15 Notices. Any notice permitted or required by this Declaration, the Articles, Bylaws or Rules shall be considered received on the date the notice is personally delivered to the recipient or 48 hours after the notice is deposited in the United States mail, first-class. registered or certified. postage prepaid and addressed to the recipient at the address that the recipient has pmvided the Association tor receipt of notice or, if no such address was provided, at the recipienfs Lot address in the Development. 12.16 No Enforcement Waiver. Failure to enforce a restriction in the past in and of itself shall not constitute a defense to any action brought against any Owner for violation of any restriction contained herein Each Owner, by acceptance of a deed to a Lot in the Development, ack.'1owfedges that the enforcement of these restrictions may vary as a result of different Owners, Boards or Architectural Review Committees, changing conditions, or other reasons and agrees that the failLJ!'e of any Owner, Board or Committee to enforce any partic-U!ar restriction, even if such failure is for an extended period of time. shall not in any manner restrict or estop the right of any Owner. Board or Committee to enforce these restrictions at any future time, 12.17 ~~l'I!Qtification and Resolution Procedure (Declarant Disputes). Any disputes between the Association (or any OMlers) 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 shan be subject to the following provisions: (i) 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 IMiting of the claim, which writing shall describe the nature of the claim and the proposed remedy (the "Claim Notice"). (ii) RiQht to Inspect and Right to Corrective Ac~on: 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 diSCLISS the claim. At such meeting or at such other mutually-agreeable time, Declarant and Declaranfs representatives shall have full access to the Property that is subject to the claim for the purposes of inspecting 02/11/98 Home OWner Agreement - Preliminary,doc 10:26 PM the Property. The parties shall negotiate in good faith in an attempt to resolve the claim. If the Dec!arant elects to take any corrective action, Declarant and Declarant representatives and agents shall be provided fLAt 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(b). (c), (d) and (e) s,"a!! satisfy the reqt..~rements of Sections 12.17(i) and (ii). (iii) Mediation: If the parties camot resolve the claim pursuant to the procedures described in subparagraph (ii) above (including, if applicable, Civil Code section 1375 procedures), the matter shall be submitted to mediation pursuant to the mediation procedures adopted by the American Arbitration As-sodation or any succes-sor thereto or to any other entity offering mediation services that is acceptable to the parties, No person shall serve as a mediator in any dispute in ;.\.l1ich the person has any financial or personal interest in the result of the mediation, except by the written consent of all parties. Prior to accepting any appointment, the prospective mediator shall disclose any circumstances likely to create a presumption of bias or prevent a prompt commencement of the mediation proces-s, Within ten days of the selection of the mediator, each party shall submit a brief memorandum setting forth its position vvith regard to the issues that need to be resolved. The mediator shall have the right to schedule a pre-mediation conference, and all parties shall attend unless otherwise agreed. The mediation shall be commenced within ten days following the submittal of the memoranda and shall be concluded within 15 days from the commencement of the mediation unless the parties mutually agree to extend the mediation period. The mediation shall be held in the county in which the Development is located or such other place as is mutua!!y acceptable by the parties. The medator has discretion to conduct the mediation in the mamer in which the mediator believes is most appropriate for reaching a settlement of the dispute. The mediator is authorized to conduct joint and separate meetings with the parties and to make oral and written recommendations for settlement, Whenever necessary, the mediator may also obtain expert advice conceming technical aspects of the dispute, provided the parties agree and assume the expenses of obtaining such advice. The mediator does not have the authority to impose a settlement on the parties. Prior to the commencement of the mediation session, the mediator and all parties to the mediation shall exec-Ute an agreement pursuant to California Evidence Code section 11 52.(c) or successor statute in order to exclude the use of any testimony or evidence produced at the mediation in any subsequent dispute resolution fOrl..lm, including, but not limited to, court proceedings or arbitration hearings. Pursuant to California Evidence Code section 1152.5(a), the agreement shall specifically state: Evidence of anything said or of any admission made in the course of the mediation is not admissible evidence, and disclosure of any such evidence shall not be compelled in any civil action in which, pursuant to law, testimony can be compelled to be given. Unless the document provides otherwise, no document prepared for the purpose of, or in the course of, or pursuant to, the mediation, or copy thereof. is admissible in evidence; and disclosure of any such document shall not be compelled in any civil action in which, pursuant to law, testimony can be compe!!ed to be given. Persons other than the parties, the representatives and the mediator may attend mediation sessions only with the permission of the parties and the consent of the mediator. Confidential information disclosed to a mediator by the parties or by witnesses in the course of the mediation shall not be divulged by the mediator. All records, reports, or other documents received by the mediator while serving in such capacity shall be confidential. There shall be no stenographic record of the mediation process, The expenses of witnesses for either side shall be paid by the party producing such witnes-ses. AI! other expenses of the mediation, including required traveling and other expenses of the mediator, and the expenses of any witnesses, or the cost of any proofs or expert advice produced at the direct request of the mediator, sha!! be bome equally by the parties unless they agree otherwise (iv) Judicial Reference: !f the parties cannot resolve the claim pursuant to the procedures described in subparagraph (iii) above. prior to the commencement of any litigation in any court of competent jurisdiction, the parties shall negotiate in good faith regarding the submission of the claim to judicia! reference pursuant to Code of Civil Procedure sections 638.1 and 641 through 645 or any successor statutes thereto. The parties shall cooperate in good faith to ensure that all necessary and appropriate parties are included in the judicial reference proceeding. Declarant shall not be required to participate in the judcial reference proceeding unless it is satisfied all necessary and appropriate parties will participate. The general referee shall have the authority to try a!! issues, "..nether of fact or law, and to report a statement OT decision, The parties shall use the procedures adopted by the American Arbitration Association for judicial reference or any '"". __1.__1 .--__: 02/11/98 Home Owner Agreement - Preliminary,doc 10:26 PM other entity offering judicial reference dispute resolution procedures as may be mutually acceptable to the parties, provided that the following rules and procedures shall apply in all cases unless the parties agree otherwise: (a) the proceedings shall be heard in the county in which the Development is located; (b) the referee shall be an attorney or retired judge unless the parties agree otherwise; (c) any dispute regarding the selection of the referee shall be resolved by the entity providing the reference services or, if no entity is involved, by the court with appropriate jurisdiction; (d) the referee may require one or more pre-hearing conferences; (e) the parties shall be entitled to discovery, and the referee shall oversee discovery and may enforce all discovery orders in the same manner as any tria! court judge; (f) the referee shall have the power to hear and dispose of motions in the same manner as a trial court judge; (g) the referee shall apply the rules of law, including the rules of evidence, unless expressly waived by both parties; (h) a stenographic record of the hearing shall be made, provided that the record shall remain confidential except as may be necessary for post-hearing motions and any appeals; (i) the referee's statement of decision shall contain findings of fact and conclusions of law to the extent applicable; and (j) the referee shall have the authority to rule on all post-hearing motions in the same mamer as a tria! judge If the Association and/or Owner has complied with the requirements of subparagraphs (i). and (iv) above and either party elects not to participate in the judicia! reference proceeding because all necessary and appropriate parties will not participate, the Association, any Owner, or Declarant may bring an action in any court of competent jurisdiction to resolve the disptJte, The Association and each Owner covenants that each shall forbear from commencing any litigation against the Declarant without complying with the procedures described in subparagraphs (i), (ii), (iii) and (iv) above. If the Association or any Owner breaches the foregoing covenant, Declarant may obtain an appropriate order compel!ing the Association and/or Owner to comply with the procedures described in subparagraphs (i), (ii), (iii) and (iv). The procedures set forth in subparagraphs (i), (ii), (iii) and (iv) above shall not apply to any action taken by the Association against Declarant for delinquent assessments, which shall be govemed by Section 6.10, or in any action involving any Common Area Improvement bonds, which sha!! be governed by the provisions of Section 5.11. Furthermore, nothing herein shall prevent the Association or any Owner from commencing any legal action which in the good faith determination of the Board or Owner is necessary to preserve any Associations 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 subparagraphs (i), (ii), (iii) and (iv), Notwithstanding any other provision herein to the contrary, in any dispute between the Association and/or any Owner and the Declarant, each party shall bear its own attomeys' fees Any and all communications by and between the parties, whether written or oral, which are delivered by the parties or their attomeys 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 desv"libed 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 statute of limitations. THIS DECLARATION is executed this day of 1998 By: """_ L__ _, ""'___... 02/11/98 Home OWner Agreement - Preliminary. doc 10:26 PM STATE OF CALIFORNIA COUNTY OF Santa Clara OnDecember 16, 1996 ) 55. before me. , personally, personally knoVlKl to me (or proved to me on the basis of satisfactory evidence) to be the person(s) VIklose name(s) is/are subscribed to the within instrument and acknovvledged to me that he/shefthey exec1l1ed the same in hislherftheir authorized capacity(ies), and that by his/herftheir signature(s) on the instrument the person(s), or the entity upon behalf of vv'hich the person(s) acted, executed the instrument WITNESS my hand and official seal signature ". __1.__1 r"'ll-_: \ DEVELOPMENT REVIEW CONIMENT SHEET Routed: Distribution: Completeness comments: Conditions: Tentative P.e. Meeting: July 21,1998 July 27, 1998 August 3, 1998 August 10, 1998 September 8, 1998 ROUTE TO: X Architectural or Landscape Advisor X Fire Department Police Department Redevelopment Agency X Engineering Traffic Engineering Corporation Yard X Building Division PROJECT DESCRIPTION: The applicant has submitted a revised tentative parcel map and site plan in accordance with the incompleteness items previously noted with the applicant's initial submittal. All elevations and floor plans will remain the same as previously proposed. The application is a request for approval of a Zone Change (ZC 98-01) from an R-l zone to a Planned Development (PD) zone, a PD Pennit (PD 98-01) and a Tentative Parcel Map (PM 98-01) to allow construction of three (3) townhouse units on the property. One of the units (front unit facing BucknalI Avenue) will be detached; the other two units at the rear of the property will be attached. The units will be two-stories in height. The rear units will be accessed by a shared common lot area. INFORMATION: File No: ZC 98-01; PD 98-01; PM 98-01 APN: 403-36-094 Applicant: Lynne Birch Project Address: 1725 Bucknall Road Zoning: R-I (Single family residential) General Plan: Medium Density Residential (14-20 units per gross acre) PROJECT PLANNER: Aki R. Irani, Planner I DEPARTMENTAL RECOMMENDATION: ("\ If it can be determined that this project will require minimal or no comments by your department/agen~y \ ~ V please return this comment sheet with your initials to the Project Planner as soon as possible. ("".... ~ V ~~ Status Initial ("".... G rv~ c; a.V '\.. ~+- ~ ~ ~ ~ ~o -<-,0 )~ ,/Jc;-<-~'" <?v~~,~' .,.<:> No Comment X. Additional informationlrevisions(see attached) LI Q , ..... pletl~ j'1(u\50 '-fkk -1ut1tcnv.e. ~ 'to II'\.C\~ ~ ~IIO~'\'J : . o C'~ &0 -San -..\ol!C lCJN ~ [a..n.vfPeeQ... C~, LJ~ u~ .. Dd,.\~ p~V\.ft.:: _ \<?n ?'),_~, ~ lu~ -1-0 ,~~ra..I~_ ~.C:~~~ t\.UduL o \'. C4111 r...!..:~. . ,b~~ ... 1:'" U t"'" . - , !' .. .. 1- ' "- ~'o G' JilCH,,\1.0 //?,~ 5 &/.lJ'?L7J/ CITY OF CAMPBELL Community Development Department. Current Planning March 12, 1998 Mr. Marko Duchich 875 Emory Avenue Campbell, CA 95008 RE: Review of applications ZC 98-01, PD 98-01, and PM 98-01 Dear Mr. Duchich: Upon review of your applications ZC 98-01, PD 98-01 and PM 98-01 for the proposed development of a 3-unit residential project at 1725 S. Bucknall Road, the City has determined that some details were missing from the plan submittals as required by Attachment A of the Planned Development and Tentative Parcel Map applications (please see attached). Therefore, the applications are deemed incomplete at this time. Please find below the comments and preliminary conditions from the various departments which have reviewed your project: Plannin2: Division: Site Plan: The site plan appears to be mIssmg some information that is required per Attachment A of the plot plan check list for the Planned Development Permit. The missing items include reference to recorded map(s) for the property, proposed street improvements including the landscape parkway and street trees, any recorded or proposed easements and/or dedications, setbacks of buildings on adjacent properties from the subject property, existing trees (noting tree type, size and whether such tree is to be retained or removed) on site and on adjacent properties along the property line, and proposed fencing. In addition, it is further noted that the distance of the garage entrance to the public right-of-way on the detached unit facing Bucknall Road does not comply with the City's parking regulations. A minimum 25-foot distance between the public right-of-way and the garage entrance is required. Please submit a revised site plan at your soonest convenience so that we may re-review the site plan. Public Works Department: Tentative Parcel Map: As a follow-up to our meeting with you at the end of last month, it was discussed that the Tentative Parcel Map was missing information which is required per Attachment A of the application. It appears that much of this information has been provided elsewhere on the plan submittals (i.e. the preliminary grading and drainage plans and the topographic survey map). However, this information must also be incorporated into the 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.866.8381 . TDD 408.866.2790 ZC 98-01, PD 98-01, PM 98-01- 1725 Bucknall Road Page 2 Tentative Parcel Map. A project summary which describes the proposed and existing uses on the site should also be included. In addition, information pertaining to maintenance responsibilities for easements or common lot areas regarding ingress, egress, landscape, utilities, grading and drainage and fencing should be included on the map. A revised Tentative Parcel Map should be submitted for review by the Public Works Department. Central Fire District: The Central Fire District has reviewed the applications and has submitted the following condition for the project: Required Access to Water Supply (Hydrants): Portions of the structure(s) are greater than 150 feet of travel distance from the centerline of the roadway containing public fire hydrants. Provide an approved residential fire sprinkler system throughout all portions of the building of Lot C. Should you have any questions regarding the above referenced comments and conditions or need additional information, please do not hesitate to contact me at the Community Development Department at (408) 866-2142. Sincerely, (lh' jf. ~tuu . Aki R. Irani Planner I enclosure cc: Sharon Fierro, Senior Planner Harold Housley, Land Development Engineer Wayne Hokanson, Central Fire District Lynne Birch, Project Architect Steven Arnold, Civil Engineer John Vidovich, Property Owner Bob Shafer, Property Owner File ~~O'i . CAI11/.)6'l !::: ~ U l"'" o 0 .... .>0. 1- .... ~ c..," . ORCH" Ill) Site & Architectural Review Attachment A Items to be Provided on Plans A. PLOT PLAN CLEARLY SHOWING: 1. Scaled site plan indicating property dimensions (reference recorded map). 2. Distance from centerline of adjacent street(s) to property line(s). 3. Proposed or existing street improvements dimensioned from the center line of the street (curb, gutter, sidewalks, driveways, tree wells, etc.). 4. Recorded or proposed easements/dedications. 5. Location of proposed building(s) or existing building(s) to remain. 6. Setbacks - indicate all setbacks from property line and distances between buildings/structures. 7. Existing or proposed driveways and other proposed ingress/egress design. 8. Parking/loading - location and dimension of spaces and aisles as specified in Chapter 21.50 of the Campbell Municipal Code. 9. Pedestrian, vehicular, and service points of ingress and egress, driveway widths and distances between driveways. lO. Paved areas - indicate proposed walkways, patios and disabled access. 11. Landscaping - conceptual landscape plan indicating existing and proposed landscaping. Show existing trees with a trunk diameter larger than eight inches to be removed/retained. Indicate the trunk diameter, tree drip line and tree type. 12. Fencing, including retaining walls, existing and/or proposed to be shown (type, height, and materials) . 13. Provide location and uses of buildings on adjacent properties. Describe the height, setbacks and type of structures on adjacent properties. 14. Show location/design of trash enclosures, utility transformers and meters necessary to service the proposed use. 15. Indicate public transit stops and bicycle/motorcycle facilities when appropriate. 16. Provide a preliminary grading and drainage plan. 17. Existing and proposed utilities R ysd. 02/24/98 Tentative Map Cm or CWI/phcll Attachment A Items to be Pravided on Plans The following items should appear on a Tentative Map: 1. Date, north arrow, scale 2. Name and address of recorded owner(s) 3. Name and address of the subdivider 4. Name and address of person who prepared the map 5. Sufficient elevations or contours to determine the lay of the land, to City datum. 6. Locations, names, and widths of both existing and proposed streets 7. Existing and proposed easements widths, location and purposes 8. Parcel layout, approximate dimensions and number/letter 9. Acreage of each parcel 10. Existing building(s) 11. Public areas proposed 12. Names of adjoining property owners 13. Recorded maps of, or adjacent to, subject parcel 14. Established existing monument line 15. Basis of bearings 16. Existing property lines to be removed or changed (not to be shown on final map) 17. Existing trees (type, diameter, approximate drip line, for all trees with a diameter exceeding four inches measured four feet above grade). 18. Existing use of the parcel and existing zoning/general plan NOTE: Permanent pipe monuments to be set at each new property comer. Rvsd.8/3IJ/rn DEVELOPMENT REVIEW COMMENT SHEET Routed: Distribution: Completeness comments: Conditions: Tentative P.c. Meeting: February 13, 1998 February 17,1998 February 23, 1997 March 2, 1998 March 24, 1998 ROUTE TO: X Architectural or Landscape Advisor X Fire Department Police Department Redevelopment Agency _ering Corporation Yard X Building Division PROJECT DESCRIPTION: The applicant is requesting approval of a Zone Change (ZC 98-01) from an R-l zone to a Planned Development (PD) zone, a PD Permit (PD 98-01) and a Tentative Parcel Map (PM 98-01) to allow construction of three (3) townhouse units on the property. One of the units (front unit facing Bucknall A venue) will be detached; the other two units at the rear of the property will be attached. The units will be two-stories in height. The rear units will be accessed by a shared common lot area. INFORMATION: File No: ZC 98-01; PD 98-01; PM 98-01 APN: 403-36-094 Applicant: Lynne Birch Project Address: 1725 Bucknall Road Zoning: R-l (Single family residential) General Plan: Medium Density Residential (14-20 units per gross acre) PROJECT PLANNER: Aki R. Irani, Planner I DEPARTMENTAL RECOMMENDATION: If it can be determined that this project will require minimal or no comments by your department/agency, please return this comment sheet with your initials to the Project Planner as soon as possible. Status Initial No Comment ~~9 0~ ~~CO ~<<; ~,~ o~~~, ~... ~~ 0 ~~"" ~'i. ~fb'\ ~~~~~ ""~ Additional informationlrevisions( see attached) Draft conditions of approval attached Ii ." iUi rvldle(~\~eri:l. 53,) ,Jose, C_:A 95110 Phone: (408) 288.75CO X 226 FAX CO'JER SHEFT SANTA CLARA LAtJD TJTLt:: IS ON THE \lIEB! YOU CA^J ,.... ~JI 'I' ^AEV A...... I' c-!v!A il_ ,vI. I DA'L' 1 , 1. t j J i I ~::..( cabrerac@gateway.sclt.com /) : .,L________, TO: /'1 Xi,'l /) ..--- : ;' _. ~ I / ~..__ _. . .'~ , \ J J ~-.' ,," .I " / ' ,;f /~ j ) (' II i /, t; /i /'~ --....,~~,_.~,-._~-~-.........,,..-'"-'~,~~-- \ I \. PHONE' F~.^; FROM: Christina Cabrera PHONE. 408-288-7800 ext ;>26 FA:X: 4C):;9:;:("1C7) RE: i::s':'j''::W Nurr:bcr; Nurnber or pages ir:ClUoing cover Sheet- ..~\'\J~Q 0... ~ G \~~~ " \~ s ~t~ .o.I0~+-o~ " ' 'l~ ...~, ,C ~~.... 'l)e" ~,s' ..._-- "-'-~P.~~'\ Message: SPECIAL INFORMATION ABOUT THIS FAX: lhe Information contained In thiS racslnllle message may be confidential, propnetary and/or leqal!y privileged informatlcn Intended only Tor the use of the individual or entity named above, If the reader of this message i~ not the Intended reCipient, you are hereby notified that any cOPYing, dissemination or distribution of confidential, propnetary or privileged informatlf)n is strictly prohibited If you have received this communication in error, please immediately notify the sender by telephone, ana we will arrange for the return of the facsimile Thank YO:"J W"rill Wide Web; hlfp"/"~"'\'i,~alllhll\raial1dtitl~.fOl\l ;ent by: SANTA CLARA LAND TITLE 4082940851 : 10.' 31 .' 97 10: o 8 ,ll. f,'l ; Jettax #273; P;3Ge 2) 11 ~~**+~**+****~*+.~~~'~~~~~~~~+~~~~~~~~~~~~**********~~~~~~~.~~~~~4~~.L~~~~~~~~~'.~~ ;, * S J-,. T.J r7 c: :.. ~.. p .-'~ /\ >:J :' 'T .~ ... 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'-- ~ - ..., ..... -...... - -- - - -- -.- - - -.. - - - - -- .-- .- - ..- - - - .- ;. 8athrocms:2.C8 Stor~es:1 ~C~ Acr8s ~~ Year cu~lt;~S~2 ~ B@drooms:~ FireDlace Lc~ SaFt :~~,j:~ Unics ~ Dinjng Rm: Ten~~s Ct Lee Di~en. :73x2CO Ottl8eSqF~: * Fami_~y RmT Pool :NO Ei~c 80Ft :1}728 Laas8 SqF~ ~ rJti1 Rm Saur3 GarageSqF't:.~0(~ Spri!:k~er ~ Ree.Roam Disnwasher: Garage Sp.:~ Elevator * TotalRms:~ Air Condo Ada~ S~Ft WailBe~grl:: * **~*****~**********~**.*******~~'k~**~******-k****.*****.**~*~~~~~Wk~~*~******~*** '* '}: 1; 'K 'X TransAmerica Intormac~on ~anaoement 2ervices The Informatiorr Provided Is Deemed R~llable, B~c Is Noc G~aranteed. CO. ,'.t'..!T,". ,-.. ! i 1: II I 'f I ~ i \ lft'COP,rlik,/G REOUr Sttt'r: Cl~8:1-~' ~~~~~~.';, ~:'~J-:-/~' :'1;~ L _,~.,' T ;.{ : !it ,,', -:' I~ '...;. ...1\ l,.1A'!_ T,"", ::.'...'rf~i.~ ~ 10 ~, .' \ .J ';.0 ':.::~: !"'i" 273 Pcs~~ccrc Court }~11pir~3. C~. ?5035 (;-1''' ~:~r,;,~ ... '\ f o,.~".. N.:SJUl.EL.J..5_c::e,,:.... t~.-; ~;~.1 :i~' ...-P, Cod~,~~~ !~.:.~f,~..~t:U!403~3~:92'~ J_~__.. GRAST ,. . J. J . 1 ~..;1 1':: ,"':"", ; :.... ~ ..J.' F 0956 R(;i.:;;~eo ar ln8 r":""~~t of F, r,' . _ ~.~'" W'-' - :Jf~:'iL1SAL 1 irU CD,~FC~AlrOH Sfl": 151880 8:00AM: :";EDF-GE A. MAN N, Recorriec t;j .,. 'I ~ ' Of' " {,'" ""ilfa v.J~ai/1 lJ::jl ~~c~rcS' !=l'(~ li'~ """2c .... . ,...'-::;1 rf.) I.~/ f,..(' H,I,'C J.JQVI TKll .J~f H~' ur;,:,IOtft ~ :";jl DEED .---......'L<. I ~u""-" " .. ,;J Tl"'-;-' ' ~ ' I ;;f;~:.:.. ~j"";-~ ; L "r;~ ~.i:,.Ii<J- i --....., "'!-1~ 1...'~~t~o.SI2\JE:O C;F,:'.N1'OR(5' C'i:c.L...\F1t:':5j ~;OCUI'IE~,iA'W TRM;S~EF T"J 'S ~_...-2...5-,2.L- >~~.(~f:<J;or'l'lt'u:f'j on 1uil \tilu~ 0f p~'J~',..F: I CCr"lI,:.;yec, lJ; Fi C"~llU~f'd on ''.Jfll~~lue le5S vaL..e C/' ;,el"!;. or ~t.cutnor.;lnC'es r(:maining at t ~I(; cf S~i~. iJ>, FOR r.. V..~UA8L~ ~C~,S!CJE~AT10N tec.;>,pl .:1 "rich ,~re'eoy aC""O"'~~'dej, t!c:~i:!,' Gr:;',:Jr;;j t~ CHARl.O'X'.tE L. LITrLE, ~~ to " "n,,-h<l1.f 1IH'~r"6t ,I..d \,'1~1.1!4'( V. s:;on' .~" to f\ Qi~':;..hulr i~tH~Cb:' JOV!\l'; VIT:cn.lIC ~ tJf'. url'mur'tle~ ~.an. ROrlERT L. SCHA:~j<;J1, ~n unr.lI;\nft?d '1',,,1", Or,(1 Hl>.RK9 DUCBIC1.. " 'tarried "',/l"l. ,~s his 32",a::-~t(: ptop"',-.:y as tenant", Hi COW,iO" ':he ,OITO'^'ln~ (1t;Sl,.r"d)t:L 1''231 ;:yoper.'! irl ..11-2 -- . , , 1,... ...: '-. : -+- ..... I\..... .....".~ ",: t.,\. .... c.~'.J,...t'l nl 3antfi (:lSTS l_'l ;::< \j .....,1, r": , r.": ,\, \ \'" \j', i ~UtH:j :n~f;n;: ~1 ';~;1:~1. ~ll :~i~J f; :~~"fll'!H !~~~~ I,H~Hl :'~~', ',0 'i:'~I",.; .,:..vJ; '-~'-'" ~. - ~... !At CGmJ:':ll>:;;n fr,~..'''~ ~.~.',r.~.- , , ~. i (.' l, ~1HIl.~J'u;nHflgUTHU~ ::I~;I I:; II L~I'. ::'~~;CH7j'ol" ~ Do t e d _ -1<'4. \l..itt.....a...J1 SO ~'AH Q,e ::...t~'iJl'-iI"_ COr.,sNl't' c~--.S...:.;.n.t.& {~ ..=lTi _,__~__.: ::..... <:0', -E.s.'!.-B_tJ.J.9~, ___ ~_~o"P ~,. ","'O.Q'9,.,d, .;I "~:tg.y "\jl&!i~ :1\ ...." t...~ p;d !.lot.-, ~..ilUI'H"I.,. 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II UI'J~rJ' IJ!'I' un. nUl urI...i ~All TAX HJTE,~~!N/S .~ ijlllfCTElJ A.1I0VE, . r ~;~ .,... Ie' .lor', ~ ,Illi .....1(1 r i 11'1 ",101 ~ , I,n ~M 1~ , ~ f7".-) 10' :,...' ...... ,. ,'; .r'~ f 57? "';729 5eGI~'i'JING at an i~CiJ pi ~e Oil a Ln r;:~:rall~..l. 1:.JJ.t.1 i:1~fj O...5t.C3I-:t. 21 f@Pt at ri~ht a~cles Souther rom che North8r~y line of Buck~~ll Road, 40 feet wi~e, an ~ stant ~her~cn South B~O 29' West 1205.10 feet f~om a ore-i~Gh ?l~e a~ the ~~~ersectlon chereof ~ith th~ Weste~ly line ot ~he San :o~aS Aquino ~aaci, 40 feet ~i~e, said point of be01~nin0 also be~ng the SQuth- wQsterly corner of that parcel at land conveyed to ~aymond A. Metzger, ~t ux., ~y Deed recorded July 14, 1~55. Bock J22~, Official Records, Page 423, Santa Clara co~nty ~eco~d~F thence .long ~he Westerly lin~ of said par~el conveyed to Raymohd A. MctZqeT, Bt UX., ~Qrth 00 09' Ea~t 200.00 feet to the South- '....cstc"rly corner of that cerC<!lin ::;l'Ircc~ c;'onvcycd to Georg'" n. P~del~, et ~x.. hy Deed ~eca~dcd ^~9ust Z}, 1057, n00~ j~76, Official neccr~s, Page 178, Santa Clara Cou~ty ReCQr~5; t~e~ce along the Southerly I1ne of 5~ij parcel CQ~voycd to Georae R. Padelt. et UX., and parallel wit~ the Nort~erly line of $a~t ?arce 1 co"v"''t'ed t.D RaYr:iCH1,:i A. ~letzq'" r:', e~ UX. J r.:o:rth ;;.7" 3 0 1 East 73.43 fee~; thence parallel wlth the ~Qsterly l~ne of said parcel conv8-I./G.j to' Rilvi"lond f\. :.1etzCl~r, et U;(., SOUtI-l ~)1t O~' West 201.56 r~et to an" iron p~p~ on' sald l~n~ 0~rall~l wieh the NorthQr]~ line of Bucknall ~cad; then~e along said ~~rallel lin~ South 88~ 29' WeEt 73.3S f~et to the co~nt o~ Se9i~ning, bein~ a port on of the ~uit6 Rancho ana ~lso oeins a portion of th~~ certa n 0.742 o~ a~ acre parc~l of l~nd show~ on ~hc mAp of Records 0 Surve~. at a oor~i ~ or ne und of Ray ~.~et.2qBrf \'lhich Ma~ :s,n fll~ in ~h~ 0 tlC~ Ltc .~.cCorweL' of t~e c~un~y of Santa lara, State sf cal =or~l , ~ EGO~ o~, :;fC :Ltp5, P:;l0e 11, ;~O:N<l /It;Q!.I[8H:O Dr ....!'ti.; t.'~'I~ '-1r(":'')If:'r,'~ j.ljA.il. Hili Dr[~ ....f~~ ".!~\..t.. OTI1~I'!\o,; ~~ ~"~'J"'~~i !H,-O'N ~AI;.. T,l.lo! S"""'t'.~O,"!.i ~o .'~ ,~ '- '" ~..1~. ~~ar\:-:." =l~C;i 1. ,":'r: ~ ''''l.. .H:,u"'~" S75 Cmoty ^ven~e CE~~bell~ Ca. )500S ~--1rr j ,.~ I ~ .;'..1: 0'1.1n r..Q _8]Cl.iQ!._---.r:.:-;:,.".......~ _2_0_Q~_=-4.. Cod€ Atea: ~C-04t -...,..-=--~-'------,_._~ ! APN t4u3-J6-0~~ I I I 6&369... tl~~JfCt,:j Ji L'3 :e~{;6')t ;)! UNJVE,QSA~ TlrLE CC~rORAn(1N s ~ P 1 5 1Qgii R.MH,f -- "'" ...., v "'f~i GEORGE A. MMlN. Recorder S'snla CJ~ra C0~;;lty. On/cia: !?(:'LiJrds QUITCLAI\I DEED S"...~i ".0..... 1'''U: ~INI fOil 1I{c::t~PI ~ \JH IHE ur,OERSIGNED G"'ANTOR"s) DECl.A~E(fl DOCi.jME'iT.4W TRANSFER TAx Is L,_ '~: Gompl,Jtl;!O on lull V3'Ull of oroperl'( c~~'ievcd C,! F' Computed on rull yalue ies, v~lue of Ile~s or :56: REALTY :~OT "OLD F t": rail"'. ,) " .7ZL ~' , ~"",- .....(' ~2 9..J ~!~.~ ./:'G .:v :' I J j, ,,, \ - n02Nl,\ D1.!GHICti ~OR I>. VI>.LU,lI,8!.E CONSIDERATION. rete;pt of which i. h~r~by adnowll:dq.d. encumt'raece; 'em~i~i"Q .:.1 lirre of s,~le, aM h~(r'b'f rerTttsoe, reieQ,Jic alld fOfflv~r ql.l;t~ioin'l to MARKO DUCHICIl . a r.\Jrr1ed !TI<Jn, as n1s separate:: !,;l:'CP('rtv tn. foilow;".g drH;:fjb~d I"l!:ed pf~POfty i~ the ',", ('\Ji '.'\, i "UTICa Clan:; :::it:. ot Cnp):,,,,i . Sfr;l~. of COli'O'fllu j Cov''''y 001 -;-- ~ " SEE ATTACHED EXHIHT "A" 1:1"\ ~ ;1 I r~": i .. ~~.. ~ \ ' I uohtc _____:\ V.~~b t ~ .!.~_L..l.2E,g_ ~:Aa' ';.f C".i.~I~Oir",;J,. r;CU4'"Y Q' _~. . __~'.~_~.~~__.C_l.!.E..~,,_ ._____ ~\;,~::;I.!s;: is. l~ECt .-____~;;i;-;-.i ...; ''''fii t...\d.q'~I'lIl"1 Q N;tGry, "~"I~ ~^ on" !(W' lOrd ~tClt... tJ4~'tll\tiEr a))p~,.d ..':I~ZjTia Duchicr~ ~ _........_...~.........,_.- -.------...'---...- ......,... ... ....1 ...""'I~.~-....--..AOIU_~_...llItril...J IV lh. W';;~;. Sh~ ".ro"~ lh. ..... ',-.-1/ .-j)1.").......-v- iM~IIl.'" 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J , i I I I j ; j \ I . : i t I l j ~t , "!J .:..1 --- j-- DEVELOPMENT REVIEW COMMENT SHEET Distribution: May 19, 1997 Comments: May 27, 1997 ROUTE TO: X Architectural or Landscape Advisor X Fire Department Police Department Redevelopment Agency X Engineering Traffic Engineering Corporation Yard X Building Division PROJECT DESCRIPTION: Pre-application for a zone change from R-1 to PD (Planned Development) and parcel map to create three (3) small lot single family residences. This particular property is zoned R-l (Single family residential); however, the General Plan designation for the site is Medium Density Residential (14-20 units/gross acre). INFORMATION: File Nq(~7-35 APN: 403-36-094 Applicant: Lynne Birche ~------ Project Ad~i7i5BUCknall Roa~_=~ Zoning: R-l (Single family residential) General Plan: Medium Density Residential (14-20 units per gross acre) PROJECT PLANNER: Aki R. Irani, Planner I DEPARTMENTAL RECOMMENDATION: If it can be determined that this project will require minimal or no comments by your department/agency, please return this comment sheet with your initials to the Project Planner as soon as possible. Status Initial No Comment Additional information/revisions( see attached) Draft conditions of approval attached MEMORANDUM CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT TO: Aki R. Irani, Project Planner DATE: May 28, 1997 FROM: Mich~lle Quinney, City Engineer ~ ~d Housley, Land Development Engineer.r SUBJECT: Application No: Address: Applicant: Project Description: PA 97-35 1725 Bucknall Road Lynne Birche Remove existing residence, create 3 lots, and construct 3 homes PRELIMINARY APPLICATION COMMENTS: This development is similar to the project at 1681 Bucknall Road. Attached are Preliminary Conditions of Approval PRELIMIN,ARY CONDITIONS OF APPROVAL FOR FILE NO. PA 97-35 SITE ADDRESS: 1725 BUCKNALL ROAD APPLICANT: LYNNE BIRCHE P.C. MEETING: 1. Public Street Improvements: Prepare plans, pay fees, post securities and provide insurance as required to obtain encroachment permit to construct public street improvements, in accordance with the City of Campbell's Standard Specifications and details, on Bucknall Road, 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 of Bucknall 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 traffic control signs and pavement strips on Bucknall Road as determined by the City Engineer. H. All water meters and sewer clean-outs on private property. 2. Right-of- Wav Dedication: Provide right-of-way dedications as needed for a 30' half street prior to recordation of the Final Map. ,-====.:. 3. Grading and Drainage Plan: Prior to issuance of any building permits for the site, the applicant shall prepare construction, grading and drainage plans Jor 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. 4. Parcel Map: Prior to issuance of any building permit, the Parcel 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. 5. Underground Utilities: In accordance with Section 20.36.150 of the Municipal Code, utility facilities adequate to serve each lot shall be installed. All utility distribution facilities shall be placed underground, except as provided in said Section.. Applicant shall submit a Utility Coordination Plan and Schedule for approval by the City Engineer for installation of all utilities. The plan shall minimize the damage to all public facilities. 6. 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. 7. Storm Drain Area Fee: Prior to issuance of any building permits for the site, the applicant shall pay the then current drain area fee which is now $2,000 per acre or $386. 8. Covenants. Conditions and Restrictions: The Covenants, Conditions and Restriction~ shall be submitted for review by the City Engineer prior to recordation of the Final Map. The C,C, &Rs shall include management and maintenance provisions for the common areas. 9. Utility Connections: Coordination shall be made with the City of San Jose for all utility connections. 10. Soils Report: The applicant shall provide a soils report prepared by a qualified Geotechnical Engineer or Civil Engineer. 11. Storm Water Management: Comply with California Storm Water Best Management Practices Handbook, prepared by Storm Water Quality Task Force, Santa Clara Valley Water District. 12. Street Improvement Agreement: Execute a street improvement agreement and post securities to guarantee the installation of the required street improvements. H:\ WORD\LANDDEV\ 1725BUCKGd) ? c;.- ~ 1 -J\ ~ ---- +- RECORO 0 "It ; 10,. @ ----.,/ DRIVE + D~' 1915 ..,. 1"- 'li:i ~ a; u; / , 'i~.n 3 I I~ I~ , . ~Y1 .. .. I~ ~ I~ +- I . Iq.~ ~:s ~ (JJ c: n :~ " ;:;; :z: )}> r r 'I'" , . :~ '. ~~ I'" ... \II A VI III -ol en I~ ,~ IN 11\1 I~ '() tll .., II) 1IO EO 5 ,.$' lIT III IDS IS STREET -+ +-- &-7.&04 ,. ~ 1<:1 - ~ ...' ~ III ~ I.... I~ ~ ~ , @ ~ .~ '" ~ C ~ '~ "I. 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'I ' ;:;: ~ tJ~' o ] - 111" --- - :---.-. ~ PUBLIC WORKS DEPARTMENT PRELIMINARY PROJECT EVALUATION FOR CONDITIONS OF APPROVAL APPLICATION NO: Ft--,~ 9."{ ~~ ADDRESS: \"T2~Pi- ')c.:_:~,-~~_L G?t-~ , BY: G.C~J~~L- c:-- ..-,'~ a- DATE: :.;;.- ~ 4-. - '\- ( PRELIMINARY PROJECT EVALUATION Street Lights ~ \-C~=-' t"Z. ~Cf>( '\ C~E-!-:\ ~ -4 ~ Traffic Control Improvements: . 1 ~~, ,_.. &;-,..- \"?eq"> i r:::. B. r- G.-EC{' I D. ~'f:J c~- , r.:.~ +--\: 1----.-- r~.,'~ Streets and Related Im\lrovements: A. Curbs and Gutters ~~~J~~~ 1,2 Sidewalks ~C"'" "-~'...T, 4. . Sl L"E";)c=p..~\;:.-:;?"-t.:> T'C--:t .=-~ C. Drl'veway ~",.. 1 ~)-- ~T -? ~ . L~.~~_),,----, ~~ . f....-.-- ~~ c~C) t^- L I~.-'\ 82J2l f':. L.. D. Pavement C:~~'l -y-~\, t,,-~~r-=~u,: "" ~-.......t't2-14f,-.:.d,._Yl -r--c::') C?-"~~_f1-~.2..l \ ,.-':",E t \'W~ ,-.-i.Jb\ ~ ~~~t:z-V'-i~ E. Asphalt Concrete Overlay t;::I t ~:~. ) .-- \kJ~o lj lr~.. r~-=-:-';.;.t:.:.>L,~~ T' C-S'C:J/-....!:Jc-- r~s-re_" ~\.:.L..\ I~--.\~t;;>..:... F. Seal Coat G. \-- ~ .".- ..:-\\",- .-c:=-~ \:::=C'f- l_ tc~:-r 'k.L!t--,.::.:::::, Streetscape Improvements: r~)' r-~ Landscape Im{Jrovements: \ b---lc-::",Tf.::-.-LL. \,[2J2..lC';;I:;-TtC~O I PLJ;:.~,,--JT'" ~\'tz~;~- '\r-G-~_~~~,'~._ 1 PRELIM:INARY PROJECT EVALUATION Screenin~ of Utility Facilities: ~::. rz'-rc:~~C?tJl r2~.(~ . ~ ~:? ~ Parcel Map: Final Map: ~' ~ Street Improvement Plans: '~~ I l~ Gradin~ and Drainalle Plans: ~ir...::.::. Soils Report: t2.._ 'll'.>L.,\')~ c;F---=sn I.~ r~\.Jlrl~:~ ~ 't~"_::>. ~;\'e-c-E.:E='~ c-;rT2-L',L-tO rtr>L~ S ~Cf-._'J r::; r.:=:::c-. \ ~ I " " \ ~- ~l cor- "-- ,----: -..;.,.. -~ ~-.. . ...,;;.. fZt::...-q:" f~ Storm Drain Desi~: tC'i "-.f~t::;;-~ pa?-\C"l.::.'.:. ~~ ~ Hydrolo~ and Hydraulic Calculations: t--.(\~ San Tomas Area Nei~hborhood Plan: ~ c ~ Ri!!ht-of-Wav Dedications: T0 ~c:) I FCZ--.e:, f^-.l r~-=:>t~~-l ~J ~~ L l ') (lL1:.)t~'\ L-JGq. ~ -c.-C7"" ~-, VV( ~=~?}I.-':;"'f'~. -tc~' f..:.. Title Report: ,~:, t:..... In~ess and Etp"ess Easements: Access Ri~hts: tLE~::-C-p ~-~:> Under~u~d l!tilities:, 'rL~~-LO'-l-@: ~€::",~_\c.;r \ Cf~ ~)\ r)I~--:-f: -:; 1..1..~--_,('--..." r.c~..__ ~~ \..~ ,~ \ .....-=-.--,. \'''; r)e---. ,I' i/.. I L ,'_____. ~'-t>\---....::. ~~'..J.J:..:L. -- _~~ \. ,. ---~L - - --~--t~ ~ --~, _ ~ _ -__, ~ '--- L ". ~,'\t')E.:::.r:::~-4~i C2..Q::L:J 'f.-.'Jr~ 2 PRELIM:INARY PROJECT EVALUATION tZ8Yr;{t~:". Other Utilit! Services: l'L ~~-",\tf::> l _L- \-"l~\~Vc>~\ Q. LL~~J.-:). LS(_~~~ P"{ {~.rt-~~~'\ v ,;;.~~ C":t;c.c- -s-rtC€-'C__ l' (L \~~~T~ C~;t-C;.. 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