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959 Sonuca Ave MEMORANDUM CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT TO: Jan Hemsley, Deputy City Clerk DATE: August 25, 2008 FRO",`(Public Joy Francois, Executive Assistant ` Works Department SUBJECT: Document to be Recorded Attached please find the following document for recording and our check#217287 in the amount of$18.00: Agreement for Private Improvements in the Public Right-of-Way 959 Sonuca Ave. APN 406-06-026 Public Works will need a copy of the recorded documents for our file. Thank you for your assistance Attachments l O 1 ........................ . ....... ................................. ........................................ ........... ............ .......................... ............ ...................... CITY OF CAMPBELL VENDOR NO. T0006218 CHECK NO. 217287 Account Purchase Order Invoice Number Amount Description 101.701 7427 CRO81408 18.00 DOC RECORDING T0006218 S C C CLERK RECORDER )Iffilm L CHECK-DATE CHECK NO. SANK OF AMERICA ---0 CXWBEL 11-35 :-;:.!7 0 8/'�S-/08� 217287 '- AMPBELL OFFICE 1210 7. AT. FIRST STREET ..�00 THELPRUNEYARD CAMPBELE.'i CALIFORNIA 95008 CAMPBELL, CA 95008 0 A `j�`VOID AFTER 90 DAYS, 01 filit.0 7 0: > PAY THE SUM OF =GHTEEN'DOLLARS & ZERO CENTS col, El .i, TO THE & �CLERK �RECORDER ai ORDER ' 70 W' HEDDING ST COUNTY GOV CNTR EAST;WING` 1ST FLR 9S110-1705 SAN DOSE �CA: 2.'�I'? 2,8 7112 4: 1 .21000 35, 1:000'P3.2 20 a 0 211-': L *See Reverse Side For Easy Opening Instructions* CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 S C C CLERK RECORDER 70 W HEDDING ST COUNTY GOV CNTR EAST WING 1ST FLR SAN JOSE CA 95110-1705 OF'CA4U MEMORANDUM U City of Campbell y� Public Works Department •ARCH A0.� To: Bob Kass, Public Works Director Date: August 13, 2008 From: Lisa Petersen, Acting City Engineer Ed Arango, Associate Engineer Subject: Private Improvements Agreement— 959 Sonuca Avenue Attached for your signature is the Private Improvements Agreement for the residential site at 959 Sonuca Avenue. The owner installed a wood fence on top of a decorative stone retaining wall. The retaining wall was installed immediately behind the public sidewalk. At this location the public right of way is 6 inches behind back of walk. The owner is requesting that the wall and fence be allowed to remain. Staff is supportive of this private improvement with the requirement that the owner sign a Private Improvements Agreement. The Agreement is now ready to be signed and subsequently recorded. Please let me know if you have any questions. Attachments: Assessor' Map of Site Picture of wall, looking south Picture of wall, looking west J:VandDev\Memos\femo Private Improv Agrmnt BKv2.DOC(Rev.03/08) City- cf Campbell Check Request To: Finance Director Check Payable To: RECORDER,SANTA CLARA COUNTY Address-Line 1: 70 W. Hedding Street Line 2: City: San Jose State: CA Zip: 95110 Description: Document Recording Amount Payable: $18.00 (Exact Amount) _Account Number.: . 101.701.7427_ Purpose: Fees necessary to record Agreement for Private Improvements in the Pulbic Right-of-Way 959 Sonuca Ave. Requested by: Joy Francois Title: Executive Assistant Date: 8/14/08 Approved by: Fred Ho Title: Acting City Engineer Date: 8/14/08 Special Instructions For Handling Check Mail As Is: Mail in Attached Envelope: Interim.Check: Needed By: Return To: Joy Francois Public Works (Name) (Department) Other: Please return check so it can be sent with,document that needs to be recorded. 'a rm Or OV t" Recording Requested By: ) DOCUMENT: 19975688 Pages: 4 City of Campbell ) 70 North First Street`'° ) Taxes. . . 18.00 Campbell, CA 95008-1423 ) Cop i es. 10101 (0 AMT PA I D 18.00 After Recording Return To: ) REGINA ALCOMENDRAS RDE # 007 City Clerk ) SANTA CLARA COUNTY RECORDER 8/28/2008 City of Campbell ) Recorded at the request of 10:38 AM Mortgage Company 70 North First Street ) Campbell, . CA 95008-1423 ) APN: 406-06-026 (Space Above for Recorder' s Use Only) Address: 95 SoricafxAweCampbell, CA 95008 AGREEMENT FOR PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAS' In consideration for granting permission to allow private improvements in the public right-of- way, Michael Didone, a married man, as his sole and separate property (property owner) enters into this Agreement with the City of Campbell. The improvements contemplated under this permit are for the benefit of the real property commonly known as 959 Sonuca Avenue. The City of Campbell grants such permission to allow the existing private retaining wall and private fence along the Linda Drive frontage of said property, located in the public right of way, to remain. The property owner shall be solely responsible for maintaining the improvements in a good. and safe condition at all times; and the property owner shall indemnify, defend, and hold harmless the City of Campbell, the City of,Campbell Redevelopment Agency, and its officers, officials, agents, volunteers, employees and attorneys from any and all claims, actions, losses, liabilities and costs (including reasonably incurred attorney's fees) arising out of or connected with, or alleged to arise out of or be connected with the installation, design or condition of the improvements, except for any claims,. actions, losses, liabilities and. costs proximately caused by the sole negligence or willful misconduct of the City of Campbell, City of Campbell Redevelopment Agency, and its officers, officials., agents, volunteers, employees or attorneys. This provision is intended to be the dispositive of all rights of indemnity and contribution between the parties, and property owner waives and releases any and all rights to indemnity or contribution from the City of Campbell, in law or equity, arising out of, or connected with any and all claims, actions, losses, liabilities and costs (including reasonably incurred attorney's fees) for which property owner is obligated under this paragraph to provide indemnity or defense to the City of Campbell, City of Campbell Redevelopment Agency, and its officers, officials,,,volunteers, employees or attorneys. The City, in its sole discretion, may revoke the rights granted under this agreement and remove the improvements installed at any time, without liability to the property owner, or require that the improvements be removed, and property owner shall have no right to compensation from City in any form. JALandDev\Forms\Private Improv in ROW\Sonuca 959.doc(Rev.03/08) Page 1 of 2 Property owner agrees to maintain homeowners or general liability insurance with a limit of at least $100,000 for damages arising from the installation, design or condition of the improvements. This provision shall run with the land and be binding on the property owner's successors. Executed this ?ray of 20 6' ? Michael Didone, a married man, as his sole and separate property Michael Didone (Attach Notary Acknowledgment For All Parties) CITY OF CAMPBELL, a municipal Corporation Robert Kass Public Works Director ATTEST: cy e B kirk \J J:U.andDev\Forms\Private Improv in ROW\Sonuca 959.doc(Rev.03/08) Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, ate Here Insert Name and Title of the Officer personally appeared k/1 I cbc e,l d(D n�-' Name(s)of Signer(s) e who proved to me on the basis of satisfactory evidence to be the person0g) whose nameK) is/Xe subscribed to the within instrument and acknowledged to me that he/ohie/fty executed the same in his/her/their authorized capacity(ies), and that by his/fr/t%r signatures on the ®;!i M. instrument the person(, or the entity upon behalf of Commiulon 1735773 which the person acted, executed the instrument. Notary Public California _ Santa Clara County Wcaem.:6 MM31,2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signatur p� p Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document f�� Title or Type of Document: f �` 'I� � f lu ' n 1 a K eL) Document Date: Z) Number of Pages: Z Signer(s) Other Than Named Above- Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General vielfilkiv _ ❑ Partner—❑ Limited ❑ General _ ❑ Attorney in Fact ❑Attorney in Fact ° ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County off 1 On 114)( before me ate Here Insert Name and Title of the icer personally appeared �-5� Names)of Signer(s) r who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/4e subscribed to the within instrument .and acknowledged to me that he/V�p/tlke executed the same in his/t *ir authorized capac)ty(kA, and that by his/hr/tt it signature(K on the instrument the person, or the entity upon behalf of Commlaan I 173ST7� which the person acted, executed the instrument. II+tW"rum•cmntoe"o � saner CkM co1.Mv U4Oblio4IpfliitY�i1.�O1.1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS hand and official seal. Signature/ P_ ��—✓ Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ _ ❑ Partner—❑ Limited ❑ General _ ❑ Attorney in Fact a 1 W611 MCI L,I q ❑Attorney in Fact ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 /i .0 CH ARC CITY OF CAMPBEL.L. Community Development Department August 18, 2008 Michael and Jenifer Didone 959 Sonuca Avenue Campbell, CA 95008 Re: Fence Exception Application File No: PLN2008-104-959 Sonuca Avenue Dear Mr. &Mrs. Didone, The Community Development Director has conditionally approved your Fence Exception application to legalize an existing wood fence and retaining wall located along the street-side (Linda Avenue) property line. The Community Development Director,upon recommendation and review by the Public Works Department, has determined that the requested Fence Exception satisfies the required findings as specified by Campbell Municipal Code (CMC) §21.18.060 (E): 1. Will not impair vehicular or pedestrian safety; 2. Will result in a more desirable site layout; 3. Will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of the change; and 4. Will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. Your request for a Fence Exception has been approved; subject to the following conditions of approval: 1. The fencing shall substantially conform to the plans stamped as received on June 25, 2008. 2. The applicant shall obtain a Building Permit from the Campbell Building Division to legalize the as-built fence no later than September 8, 2008. 3. Pursuant to CMC § 21.18.020 (B), please screen the air-conditioning unit located in the front yard from public view. 70 North First Street • Campbell, California 95008-1 4 3 6 • TEL 408.866.2140 • FAx 408.871.5140 - TDD 408.866.2790 v � PLN2008-104-959 Sonuca nue Page2of2 This approval is final in 10 calendar days, unless an appeal is received in writing at the City of Campbell City Clerk's Office, 70 N. First Street, Campbell, on or before Friday, August 29, 2008 at 5:00 p.m. A written appeal must be accompanied with a $105 appeal filing fee. If you have any questions regarding this approval, please contact me at (408) 866-2193 or by email at danielf@cityofcampbell.com. Sincerely, Daniel M. Fama Assistant Planner encl: Campbell Municipal Code (CMC) §21.18 cc: Jackie C.Young,Principal Planner Bill Bruckart,Building_Official ZNE'd_ArangoAssociate:JEngineer _ Susan Morgado-Gray, Code Enforcement Officer DOCUMENT: '196571 Pages: 2 i Fees. . . . 10.00 Taxes. . . RECORDING REQUESTED BY: ) Cop i es. . RICHARD A.GORINI, ESQ. ) (919b57) AMT PA I D 10.00 WHEN RECORDED MAIL TO: ) REG I NA ALCOMENDRAS RDE # 007 JOSEPH&VERNA DIDONE ) SANTA CLARA COUNTY RECORDER 11/21/2006 1590 Lewiston Drive ) Recorded at the request of 1 42 PM Sunnyvale, CA 94087 ) Recording Service GIFT DEED The undersigned Transferors declare under penalty of perjury that the documentary transfer tax'is NONE. There is no consideration for this transfer; there is no indebtedness assumed by the transferee; property-i.s free and clear-o.f-encumbrances.--This-is-an-inter vivos-gift-of equity. -Therefore, the - transfer is exempt from counly transfer tax under R&TC§11911 and§11930;no city transfer tax imposed by this unicipality. 7 �J�SEP DE VERNA DIDONE This is a TRANSFER under§63.1 of the Revenue&Taxation Code. This transfer is excluded as a change in ownership because the transferors are the parents of the transferee. IN CONSIDERATION OF LOVE AND AFFECTION,JOSEPH DIDONE and VERNA DIDONE,as Trustees Under The Didone 1993 Living Trust Dated 12/13/93,hereby GRANT to MICHAEL DIDONE, a married man, as his sole and separate property, all of grantors' interest in the following real property in the City of Campbell, County of Santa Clara, State of California: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. APN: 406-06-026 Address: 959 Sonuca, Campbell, CA 95008 JOSE�I'H"b.Irf NE ' Dated: November 16, 2006 VERNA DIDONE STATE OF CALIFORNIA )SS. COUNTY OF SANTA CLARA ) On this 16 day of November ,2006,before me,RICHARD A.GORINI, a Notary Public in and for said County and State, personally appeared JOSEPH DIDONE and VERNA DIDONE,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the persons,or the entity upon behalf of which the persons acted, executed the instrument. WI S my hand official seal. RICHARD A. GORINI COMM.#1598682 NOTARY PUBLIC-CALIFORNIA U SANTA CLARA COUNTY 0 F' MY COMMISSION EXPIRES-1 "t 09 No�ary Public; S o .Ca 'o form AUGUST 29,20 a � o , G MAIL TAX STATEMENTS TO: 959 Sonuca, Campbell, CA 95008 l 2\d 1 . l EXHIBIT "A" Lot 31, as shown on that certain Map entitled, "Tract No. 3374," which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on April 23, 1963, in Book 160 of Maps, at page 7. EXCEPTING THEREFROM the underground water rights grantedby Valley Title Company of Santa Clara County, a corporation,to San Jose Water Works,a California corporation,by instrument dated May_21, 1963,_ and recorded May 22, 1963,_in Book 6033__of Official _ Records,page 522. APN: 406-06-026 Address: 959 Sonuca, Campbell, CA 95008 12\d l x OF CA/�, U P L 02CH ARC CITY OF CAMPBELL Community Development Department August 1, 2008 1C Michael and Jennifer Didone II 2008 PUBLIC W 959 Sonuca Ave. ADA41N1S1�ATj6#\! Campbell, CA 95008 Re: Fence Exception Application (PLN2008-104) Dear Mr. and Mrs. Didone, This letter is a reminder that prior to the issuance of an approval for your Fence Exception application (PLN2008-104) you must first complete a Private Improvements Agreement with the Public Works Department. As of now, your application has not been formally approved. Once the agreement document is signed, the Planning Division will issue you an approval letter. Following the ten day appeal period (assuming no appeal is received), the agreement document will be recorded with the County Clerk's Office. Within two weeks of the date of this letter, please contact the Public Works Department (408.866.2150) to initiate the Private Improvements Agreement. If the Public Works Department is not contacted within this time, your case will be forwarded to the Code Enforcement Officer for enforcement action. If you should have any questions,please do not hesitate to contact me at 408.866.2193 or via e-mail at daiiielfncityofcampbell.com. Si rely, Daniel Fama Assistant Planner cc: Jackie C.Young,Principle Planner Ed Ar na go Associate�Engneer-44� Susan Morgado Grey,Code Enforcement Officer 70 North First Street • Campbell, California 9 5008-1 43 6 TEL 408.866.2140 FAx 408.871.5140 TDD 408.866.2790 Side Yard Setback View from corner of Sohuca Ave . and Linda Ave . 14" lattice Gy�u,T 84 vx p 170" fence fence & lattice r P 18" rock , l }gyp i .� ��S ^9�,. ,. 4`1.� to `oc ?'e �h r`- T�,y tesq t ��! 1�I•`'N,� 3 - _ {r'F.-. 7 t "`"'t IM.` i i t ������......yyyyyy --,yfiat r� 1 'eLhr t•;s,+,. v. a�:-.� ar., � vc •. 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AVE. - - $oag JA� 34 i 33 ` 3/ 29( I: I 30 � I 1120 1110 1400 1090 1080 1070 .S o 32 I 71.50 65.01 ° I I 171.50 1 I I I V 1 I I I 1 1 /pfs 64 6 /023 10 98/ 971 PAR° LOVE 36� 10,7P o 974 1 55 5 1 57 58 59 60 � 6t N 1 s�55 29.9so 86 sz t sz I sz I 62 I Z I I 1 I 1 I 0, ^ /6 (n► N _ 8 (o /9 ` 20 I 2/ ' 22 I 23 ! 22 21 i i (� I I 1 , 48 1 47 46 I 45 i 44 ( 43 I 42 I 1.w 1 � �^ Location of driveways for adjacent properties - .__—__ _ - - :" -_ _. ,::.•': MIL_ - �r '1.,lj StreetView Traffic Mire.,..., Map Satellite v� 24 26 Ak lip 3,, IN F. • ���� � 7 a - ... a .,�� � �:r� � b. i + ' N t d 25 24 , . - .2 #26 in red indicates 959 Sonuca Avenue M. Didone Yellow rectangles indicate driveways Location of driveways for adjacent ro e"rties p p ,. Street view . Traffic More,. Map Sete Ifite T 414 � ��'^. ,.,y �@ .tom �^ '�� � ••+ �� i 216 $OEM- 77 Jkl .71 r • y., .1Rn •,xA y,,���47 ,7i�� 17� .yi I 6`�' .r�:a �� - r. .- 4PFW inda of k t, 31,' { IF24- MAWJF 2 #26 in red indicates 959 Sonuca Avenue M. ®idone Yellow rectangles indicate driveways ice 5 F r r vt� � P • -� GUtLC3 - . =o Side Yard Setback View from Linda Ave . 1w-l' ' 14 Ir ., L G M ' M 14" 8 sections 70" S� ,��e.•1. { ?.. SC I —,icy pM .5 "' •.,.� �� ._.�i ek__ �, �;...�...: l -,.;� � t .�� .> a s 18 Lk i7 M. Didone