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1769 S. Winchester Blvd
of•CA,j� Edwaru Arango, P.E. '0 t Associate Civil Engineer r City of Campbell U r 0 0 70 North First Street y� Campbell, CA 95008 0k H A Ro•�� Phone: (408) 866-2166 Fax: (408)376-0958 E-Mail: eda@cityofcampbell.com Transmittal �H To: Michelle Wu Date: Ju 07 Company: CSG Address: 1700 S. Amphlett Blvd., Yd Floor San Mateo, CA 94402 Re: 1769 S. Winchester Blvd. -PSE documents ❑ Urgent Q For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Enclosure: 1. PSE plat and legal description 2. Preliminary Title Report 3. Documents 18803725 and 4058 OR 317 • Comments: Michelle, please review and comment on the proposed easement. Please contact me if you have any questions or comments. Thank you. JALandDev\Forms\Transmittal CSG.DOC May 17,2007 Job No. A02077-3 Page 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION Public Service Easement All that certain real property lying within the City of Campbell,County of Santa Clara, State of California,being a portion of parcel of land granted to Vossoughi John/Helene Trust/Vossoughi Keon/M Trust by Grant Deed recorded February 10, 2006,by Document No. 18803725, Official Records of Santa Clara County, described as follows: A ten(10.00) foot wide strip of land, the easterly line of said strip being coincident with the westerly line of the 45.00 foot wide strip of land conveyed to the City of Campbell for Street Purposes by Deed recorded April 23, 1958 in Book 4058 of Official Records, page 317, Santa Clara County Records. As shown on Exhibit`B" attached hereto and by this reference made a part hereof. Legal Description prepared by Kier&Wright, Civil Engineers& Surveyors, Inc. pA.., � ff Date 17— ®7 V sf .• s •, ,� Jim"my R. Vigil, L. . 6256 ���'lea��� f.• r,•�L,,..`.q<``• I:\PROJECTS\A02077-3\DWG\SURVEY\PLAT&LEGAL\pse-012.doc -LAND R. ,* EXP. 06-30-08 5�l7-a7 Lp Na 6 256 i;�a �: A�\ w.K . w La ------------- u o 1 IC Uj�, W Im _ N 89°479 8"W 494.21' _ r..._............_..._......._...._........_._...._.. 10.00' PUBLIC SERVICE EASEMENT I FLU - _"' z m W 00 = LANDS OF a I r- oo VOSSOUGHI JOHN/HELENE -,r ! w V {" Ij_ TRUSTNOSSOUGHI KEON/M TRUST °oo m Ln I _z o 00 o'- I I o r (DOC. NO. 18803726) (n 45.00' S 89°45'00"W 5 89°45`00"W 364.92' 30.33' 45.0' 145.0' a O� rn - N o S.0' LATIMER AVENUE PLAT TO ACCOMPANY LEGAL DESCRIPTION DATE J27 FOR: THE HOME CHURCH SCALE CAMPBELL CALIFORNIA DR. BYEXHIBIT "B„ W KIER & WRIGHT JOB CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO. 3350 Scott Boulevard,Building 22 (408)'727 6665 Santa Clafa,California 95054 fax(408)727 5641 2 CSG CONSULTANTS, INC. LETTER OF TRANSMITTAL To: City of Campbell Date: July 11, 2007 70 North First Street Project: PSE Documents Campbell, CA 95008 Permit No: Att: Mr. Edward Arango, P.E. Job Address: 1769 S. Winchester Blvd. Associate Civil Engineer SUBJECT: 1769 S. Winchester Blvd. Parcel Map (PC#1) We Are Sending You: Via: ❑Courier ❑Exp. Mail ❑Pickup ❑Reg. Mail ❑ Attached ®Other The Following Items: ❑ Photocopies ❑ Prints ® Plan Originals ❑ Report ❑Proposal ❑ Specifications ❑ Shop Drawings ❑ Change Order ❑ Other Maps and Deeds ❑ Redlined comment sheet ❑ Checklist Copies Date No. Description 1 May 07 1 Plat 1 5/17/07 1 Legal Description 1 1 Document 18803725 &4058 OR 317 These Are Transmitted As Checked Below: ❑ For signature ❑ For review and comment ❑ No exception taken ❑ For approval ❑ Returned after loan to us ❑ Returned for resubmittal ❑ For your use ❑ Response to proposal request ❑ With corrections noted ® As requested ® Plan is approved ❑ Return to engineer/architect for corrections Remarks: Per your request,please find attached PSE Documents. Please feel free to contact us should you have any questions. JUL I From: !lIVVV--att/II �tuCEo`�� ,,431'1-li'i;�stil 4 Michelle Wu Associate Engineer 1700 South Amphlett Boulevard 0 3 d Floor 0 San Mateo 0 CA 0 94402 0 Tel(650)522-2500 Fax(650)522-2599 i May 17,2007 Job No. A02077-3 i Page 1 of 2 i EXHIBIT"A" {II LEGAL DESCRIPTION f Public Service Easement f All that certain real property lying within the City of Campbell,County of Santa Clara, State of { California,being a portion of parcel of land granted to Vossoughi John/Helene Trust/Vossoughi { Keon/M Trust by Grant Deed recorded February 10, 2006,by Document No. 18803725, Official Records of Santa Clara County, described as follows: } A ten (10.00) foot wide strip of land, the easterly line of said strip being coincident with the westerly line of the 45.00 foot wide strip of land conveyed to the City of Campbell for Street Purposes by Deed recorded April 23, 1958 in Book 4058 of Official Records,page 317, Santa Clara County Records. F As shown on Exhibit`B" attached hereto and by this reference made apart hereof. i Legal Description prepared by Kier&Wright,Civil Engineers&Surveyors, Inc. r �.ox) tiw Date Jimmy R. Vigil, L. . 6256 D(P..c-30-lea n j l nu f i` 1 i I i I:\PROJECTS\A02077-3\DWG\SURVEY\PLAT&LEGAL\pse-012.doe i � 1 L AND S o �R. -Lj' '.-Q a11 EXP. 06-30- 8 :=! NfgTF 4° 69 5`0� o ' OF w ua z z ,F i Izuj I 1.... Li 0 UJ ! i > :-, z IT i i .. .1.... _._ -___...._........__....... . _ N 89'47'18"W 494.21' _ :1 _...._. 10.00' PUBLIC SERVICE EASEMENT I UU I w - o Uj LANDS OF c0 VOSSOUGHI JOHN/HELENE � N1q: TRUST/VOSSOUGHI KEON/M TRUST U Co p m I U o z E- 00 v II o - (DOC. NO.18803725) ,— 45.00' N S 89`45'00"W S 89°45'00" W364.92' 45.0' 45.0' 130.33' r N r O LATIMER AVENUE � f DATE MAY I PLAT TO ACCOMPANY LEGAL IDESCRIP T ION , 2007 � FOR: THE HOME CHURCH SCALE )i,= 100' CAMPBELL CALIFORNIA DR. BY Css j EXHIBIT w KIER WRIGHT SOB AJ27 D CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO. j 3350 Scott Boulevard,Building 22 (408)727 6665 Santa Clara,California 95054 fax(408)727 5641 2 OF . DOCUMENT: 18803725 Pages 4 Fees . 46 00 - 'RECORDING REQUESTED BY � Taxes 26 40 First American Title Insurance Company h Cop i es —_ National Commercial Services AMT PAID 72 40 AND WHEN RECORDED MAIL TO: RDE # 007 John Vossoughl BRENDA DAVIS 2/10/2006 316 Monroe Suite 160 SANTA CLARA COUNTY RECORDER 8;E0 AM San Jose, CA 95128 Recorded at the request of First American Title Company Spam Above Th>s Line for RecoMer:Uae only A.P.N.: 305-21-012 File NO.: NCS-146312-SC(LD) C�b GRANT DEED The Undersigned Grantor(s)Deedare(s):DOCUMENTARY TRANSFER TAX$26.40;CITY TRANSFER TAX$0.00; SURVEY MONUMENT FEE$0.00 t t computed on the consideration or full value of property conveyed,OR ` x computed an the consideration or full value im value of liens and/or encumbrances remaining at time of sale, $3.1 mil less$2.5mil = $600k divided by$1000 x 1.10 X 4% - 26.40 unincorporated area; [ ) city of Campbell,and Exempt from lra sfer tax; Dedarant's signature(must be signed if no transfer tit Is being paid) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, John Vossoughl and Helene L. Vossoughl, Trustees of the John and Helene Vossoughl Revocable Trust dated February 17, 2000,as to an undivided 71%Interest;and Kean J.Vossoughl and Michele M.Vossoughl,Trustees of the Kean and Michele Vossoughl Revocable Trust dated May 16, 2000,as to an undivided 290/e interest; who aquired title as John Vossoughl and Helene L. Vossoughl, Trustees of the John and Helene Vossoughl Revocable Trust dated February 27, 2000 as to an undivided 72% and Kean Vossoughi and Michele Vossoughl, Trustees of the Kean and Michele Vossoughl Revocable Trust dated May 16,2000,as to an Undivided 29%Interest hereby GRANT(s) to John Vossoughl and Helene L. Vossoughl, Trustees of the John and Helene Vossoughi Revocable Trust dated February 17, 2000 as to an undivided 67% Interest and Kean 3. Vossoughl and Michele M. Vossoughl,Trustees of the Kean and Michele Vossoughl Revocable Trust dated May 16,2000,as to an undivided 313% the following described property In the City of Campbell,County of Santa Clara,State of California: PARCEL ONE: I JUL 12 2007 I MIII Tax Statements To: SAME AS ABOVE .e. .�:e, . " IiON ` A.P.N.: 305-21-012 Grant Deed- continued File No.: NCS-146312- SC(LD) Date: 04/12/200S BEGINNING AT A POINT IN THE CENTER LINE OF THE SANTA CLARA-LOS GATOS ROAD,50 FEET WIDE, DISTANT THEREON NORTH 00 07'WEST 170.00 FEET FROM THE POINT OF INTERSECTION OF SAID CENTERLINE OF SANTA CLARA-LOS GATOS ROAD WITH THE CENTERLINE OF LATIMER AVENUE,40 FEET WIDE,SAID POINT OF BEGINNING ALSO BEING THE NORTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED FROM CAMPBELL PROPERTIES CO.,A LIMITED PARTNERSHIP,TO P. EARL MART,ET UX, DATED SEPTEMBER 22, 1955,AND RECORDED OCTOBER 4, 1955 IN BOOK 3296 OF OFFICIAL RECORDS,PAGE 268,SANTA CLARA COUNTY RECORDS;THENCE NORTH 00 07' WEST ALONG THE SAID CENTERLINE OF THE SANTA CLARA-LOS GATOS ROAD 137.13 FEET TO A POINT WHICH IS DISTANT THEREON SOUTH 00 07' EAST 202.25 FEET FROM THE SOUTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED FROM CAMPBELL PROPERTIES CO.,A LIMITED PARTNERSHIP,TO ROMANI BROS.,A CO- PARTNERSHIP,DATED AND RECORDED JUNE 23, 1955 IN BOOK 3206 OF OFFICIAL RECORDS, PAGE 444, SANTA CLARA COUNTY RECORDS;THENCE NORTH 89°46'30"WEST 539.49 FEET TO A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED FROM CAMPBELL PROPERTIES CO.,A LIMITED PARTNERSHIP,TO. ARTHUR D.NEARON,ET AL,DATED AND RECORDED MARCH 31,1955 IN BOOS(3131 OF OFFICIAL RECORDS, PAGE 527,SANTA CLARA COUNTY RECORDS;THENCE SOUTH 00 13'30" WEST ALONG SAID LAST NAMED LINE 181.40 FEET TO THE NORTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED INDEED FROM CAMPBELL PROPERTIES CO.,A LIMITED PARTNERSHIP,TO GLEN S. DUBOIS, ET UX,DATED JUNE 13, 1958,AND RECORDED JULY 8,1958 IN BOOK 4116 OF OFFICIAL RECORDS, PAGE 401,SANTA CLARA COUNTY RECORDS;THENCE NORTH 890 45' EAST ALONG THE NORTHERLY LINE OF THE LAND SO DESCRIBED IN THE.DEED TO SAID DUBOIS, ET UX,366 FEET, MORE OR LESS,TO THE NORTHEASTERLY CORNER THEREOF ON THE WESTERLY LINE OF THE LAND SO DESCRIBED IN DEED TO SAID P. EARL STUART, ET UX, FIRSTLY ABOVE REFERRED TO;THENCE NORTH 00 07'WEST ALONG SAID LAST-NAMED LINE 40 FEET TO THE NORTHWESTERLY CORNER THEREOF;THENCE NORTH 890 45'EAST ALONG THE NORTHERLY LINE OF THE LAND SO DESCRIBED IN THE DEED TO SAID P.EARL STUART,ET UX, 175.00 FEET TO THE POINT OF BEGINNING,AND BEING A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 114 OF SECTION 27 T. 7 S.,R. 1 W.,M.D.B.&.M. EXCEPTING THEREFROM THE INTEREST IN THE EASTERLY 45 FEET OF PREMISES WHICH WAS CONVEYED TO THE CITY OF CAMPBELL FOR STREET PURPOSES BY DEED RECORDED APRIL 23,1958 IN BOOK 4058 OF OFFICIAL RECORDS, PAGE 317,SANTA CLARA COUNTY RECORDS. PARCEL TWO: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS,ROAD PURPOSES AND INSTALLATION OF PUBLIC UTILITIES OVER THAT CERTAIN 40 FOOT STRIP OF LAND AND THAT CERTAIN 20 FOOT STRIP OF LAND PARTICULARLY DESCRIBED AND REFERRED TO IN THE AGREEMENT DATED JUNE 12, 1958,AND RECORDED JUNE 13,1958 IN BOOK 4097 OF OFFICIAL RECORDS, PAGE 523, EXECUTED BY AND BETWEEN CAMPBELL PROPERTIES CO.,A LIMITED PARTNERSHIP AND ROMANI BROS.,A CO-PARTNERSHIP, ET AL. PARCEL THREE: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR THE USE OF MOVING VEHICLES AND FOR PEDESTRIAN TRAVEL AND OF PARKING OF VEHICLES OVER THE PARCEL OF LAND FIRSTLY DESCRIBED IN THE AGREEMENT DATED JUNE 12, 1958,AND RECORDED JUNE 13, 1958 IN BOOK 4097 OF OFFICIAL RECORDS, PAGE 523, EXECUTED BY AND Page 2 of 5 ti Escrow Branch: " ® 901 Campisi Way,Suite 330 Campbell,CA 95008 ��� 2007 (408)558-7800 ?� l_9C�V�Ir3;l PRELIMINARY REPORT Fax: (408)558-0170 ra i�tp f 16�I I t=sx i 1. Escrow Officer: Crystal Piseno/mal Email: cpiseno@ate-ca.coni ORDER NO. 11494983-004-A CP Ref. No: The Home Church Property Address: 1799 S. Winchester Blvd 1769 S. Winchester Boulevard Campbell, CA 95008 Campbell, CA_ 95008 Attn.: Bob Radcliff APN: 305-21-012 ARB: 306-18-072 In response to the above referenced application for a policy of title insurance,this Company reports that it is prepared to issue,or cause to be issued, as of the date hereof,a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Please read the exceptions shown or referred to below and the Exceptions and Exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens,defects, and encumbrances affecting title to the land. This report(and any supplements hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is 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. In the event of cancellation or if the transaction has not.closed within 90 days from the date hereof,the rate imposed and collectable sliall be a mininwm of$360.00,pursuant to Section 12404 of the Insurance code,unless other provisions are made. The form of policy of title insurance contemplated by this report is: CLTA Owner's,ALTA Lender's issued by First American Title Insurance Company Dated as of April 27, 2007 at 7:30 a.m. The estate or interest in the land hereinafter described or referred to covered by this Report is: A Fee Title to said estate or interest at the date hereof is vested in:. John Vossoughi and Helene L. Vossoughi,Trustees of the John and Helene Vossoughi Revocable Trust dated February 17,2000 as to an undivided 67% interest and Keon J. Vossoughi and Michele M. Vossoughi,Trustees of the Keon and Michele Vossoughi Revocable Trust dated May 16,2000, as to an undivided 33% 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 Oil the following pages. Page No.2 File No. 11494983-004-A CP i I 1. General and special taxes and assessments for the fiscal year 2007-2008, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. An easement for road purposes and the installation of public utilities and incidental purposes, recorded June 23, 1.955 in Book 3206, Page 444, Official Records. In Favor Of: Romani Bros., a co-partnership Affects: The Easterly 40 feet 4. An easement for parking lot and incidental purposes, recorded June 23, 1955 in Book 3206, Page 444, Official Records. In Favor Of: Romani Bros., a co-partnership Affects: a portion of said land 5. An easement for line of poles and incidental purposes, recorded December 2, 1955 in Book 3350, Page 124, Official Records. In Favor Of: Pacific Gas and Electric Company, a California corporation Affects: The Westerly 5 feet of said land 6. An easement for laying down, inspecting, maintaining an underground main or pipe line and incidental purposes,recorded December 2, 1955 in Book 3350, Page 124, Official Records. In Favor Of: Pacific Gas and Electric Company, a California corporation Affects: The Westerly 10 feet of said land 7. An easement for parking lot and incidental purposes, recorded November 2, 1956 in Book 3649, Page 157, Official Records. In Favor Of: John A. Maffey and Margaret Maffey, his wife Affects: as shown upon said Map 8. Matters in a document entitled"Agreement", executed by and between Romani Bros., a Co-Partnership, Gene Pasquali and Eileen K. Pasquali, husband and wife, John A. Maffey and Margaret Maffey, husband and wife, John D. McPherson, also known as J.D. McPherson and Campbell Properties Co., a limited partnership, recorded June 13, 1958 in Book 4097, Page 523, Official Records, including but not limited to covenants, conditions, restrictions, easements, assessments, liens and charges. ai t k Page No. s File No. 11494983-004-A CP An easement as contained in the above document. s E For : Ingress &Egress, moving or parked vehicles and for pedestrian travel � t An easement as contained in the above document. For: Ingress &Egress and Public Utilities and Road Purposes i 9. The fact that the land lies within the boundaries of the Central Campbell Redevelopment Project Area, 1 as disclosed by the document recorded July 20, 1983 in Book H 733, Page 520, Official Records. t Document(s) declaring modifications thereof recorded January 23, 1991 in Book L 598, Page 2185, Official Records. Document(s) declaring modifications thereof recorded June 18, 1992 in Book M 246, Page 0506, Official Records. I i Document(s) declaring modifications thereof recorded December 14, 1994 in Book N 699, Page 2159, Official Records. Document(s) declaring modifications thereof recorded March 04, 2004 as Instrument No. 17644224 of Official Records. 10. A deed of trust to secure an original indebtedness of $2,500,000.00 recorded April 19, 2005 as Instrument No. 18329911 of Official Records. Dated: April 08, 2005 Trustor: John Vossoughi and Helene L. Vossoughi, Trustees of the John and Helene Vossoughi Revocable Trust dated February 17, 2000 and Keon J. Vossoughi and Michele M. Vossoughi, Trustees of the Keon and Michele Vossoughi Revocable Trust dated May 16, 2000 Trustee: American Securities Company Beneficiary: Wells Fargo Bank,National Association 11. Rights of parties in possession. 12. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/ACSM survey. 13. The requirement that evidence be provided that there are no commitment statements in effect under the Environmental Responsibility Acceptance Act Civil Code Section 850 et seq. with respect to the land. The Company's Owner's Affidavit must be completed and submitted prior to close in order to satisfy this requirement. Page No.-+ File No. 11494983-004-A CP DOTES: a. Date last insured: 4-19-05 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. SPECIAL RECORDINGS: Due to a severe budget shortfall, many County recorders have announced that as of September 1, 1992, severe limitations will be placed on the acceptance of"special recordings." f. HOMEOWNERS ASSOCIATION: if the property herein described is subject to membership in a Homeowners Association, it will become necessary that we be furnished a written statement from the said Homeowners Association of which said property is a member, which provides that all liens, charges and/or assessments levied on said land have been paid. Said statement should provide clearance up to and including the time of closing. In order to avoid unnecessary delays at the time of closing we ask that you obtain and forward said statement at your earliest convenience. g. DEMANDS: This company requires that all beneficiary demands be current at the time of closing. If the demand has expired and a current demand cannot be obtained it may be necessary to hold money whether payoff is made based on updated verbal figures or an expired demand. h. LINE OF CREDIT PAYOFFS: If any deed of trust herein secures a line of credit we will require that the account be frozen and closed and no additional advances be made to the borrower. If the beneficiary is unwilling to freeze the account we will require you submit to us all unused checks, debit vouchers, and/or credit cards associated with the loan along with a letter (affidavit) signed by the trustor stating that no additional advances will be made under the credit line. If neither of the above is possible it will be necessary to hold any difference between the demand balance and the maximum available credit. i. MAPS: The map attached hereto may or may not be a survey of the land depicted thereon, you should not rely upon it for any purpose other than orientation to the general location of the parcel or parcels depicted, Alliance Title Company expressly disclaims any liability for alleged loss or damages which may result from reliance upon this map. Page No. File No. 11494983-004-A CP j. 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. k. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: i Grantor: Anne Labrador, as Trustee of Trust Two of the Phillip and Anne Labrador 1975 Trust dated August 14, 1975; and Anne Labrador, as Trustee of Trust One of the Phillip and Anne Labrador Trust dated August 14, 1975 Grantee: John Vossoughi and Helene L. Vossoughi, Trustees of the John and Helene Vossoughi Revocable Trust dated February 27, 2000 as to an undivided 71% interest and Keon Vossoughi and Michele Vossoughi, Trustees of the Keon and Michele Vossoughi Revocable Trust dated May 16, 2000, as to an undivided 29% interest Recorded: December 22, 2004 as Instrument No. 18159005 Official Records Grantor: Keon J. Vossoughi and Michele M. Vossoughi, Trustees of the Keon and Michele Vossoughi Revocable Trust dated May 16, 2000, who acquired title as Keon Vossoughi and Michele Vossoughi, Trustees of the Keon and Michele Vossoughi Revocable Trust dated May 16, 2000 Grantee: Keon J. Vossoughi and Michele M. Vossoughi, Trustees of the Keon and Michele Vossoughi Revocable Trust dated May 16, 2000 Recorded: April 19, 2005 as Instru rnent No. 18329909 Official Records Grantor: John Vossoughi and Helene L. Vossoughi, Trustees of the John and Helene Vossoughi Revocable Trust dated February 17, 2000 as to an undivided 71% interest and Keon J. Vossoughi and Michele M. Vossoughi, Trustees of the Keon and Michele Vossoughi Revocable Trust dated May 16, 2000, as to an undivided 29% interest; who acquired title as John Vossoughi and Helene L. Vossoughi, Trustees of the John and Helene Vossoughi Revocable Trust dated February 27, 2000 as to an undivided 71% and Keon Vossoughi and Michele Vossoughi, Trustees of the Keon and Michele Vossoughi Revocable Trust dated May 16, 2000, as to an undivided 29% interest Grantee: John Vossoughi and Helene L. Vossoughi, Trustees of the John and Helene Vossoughi Revocable Trust dated February 17, 2000 as to an undivided 67% interest and Keon J. Vossoughi and Michele M. Vossoughi, Trustees of the Keon and Michele Vossoughi Revocable Trust dated May 16, 2000, as to an undivided 33% Recorded: February 10, 2006 as Instrument No. 18803725 Official Records 1. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116 and if applicable, 115 and 116.2 attached. When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Commercial Property laiown as 1769 S. Winchester Boulevard, Campbell, CA 95008. k t Page No'.u File No. 11494983-004-A CP i M. General and special taxes-and assessments for the fiscal year 2006-2007. l , First Installment: $20,921.69 Paid I Second Installment: $20,921.69 Paid Tax Rate Area: 10-092 . A. P.No.: 305-21-012 FP r { 1 k { P t f f t f i I E i i i i I i i E k f i t I Illy I 1 i Page No. 8 No. 11494983-004-A CP I f i Agreement dated June 12, 1958 and recorded June 13, 1958 in Book 4097 of Official Records,page j 523, executed by and between Campbell Properties Co., a limited partnership and Romani Bros., a copartnership, et al. PARCEL THREE: A nonexclusive easement for ingress and egress for the use of moving vehicles and for pedestrian travel and of parking of vehicles over the parcel of land firstly described in the Agreement dated June 12, 1958 and recorded June 13, 1958 in Book 4097 of Official Records,page 523, executed by and between Campbell Properties Co., a limited partnership and Romani Bros., a copartnership, et al. 1 i R. ARB No: 306-18-072 APN No: 3 05-21-012 ` ({tf 1 I f f f f t f }f f ' 4 I 7 1t k I i t� ff I a i i ` Page No.7 ;No. 11494983-004-A CP SCHEDULE C LEGAL DESCRIPTION All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: PARCEL ONE: BEGINNING at a point in the center line of the Santa Clara-Los Gatos Road, 50 feet wide, distant thereon North 0° 07' West 170.00 feet from the point of intersection of the said centerline of Santa Clara-Los Gatos Road with the centerline of Latimer Avenue, 40 feet wide, said point of beginning also being the Northeasterly corner of that certain parcel of land described in Deed from Campbell Properties Co., a limited partnership,to P. Earl Stuart, et ux, dated September 22, 1955 and recorded October 4, 1955 in Book 3296 of Official Records, page 268, Santa Clara County Records; thence North 0° 07' West along the said centerline of the Santa Clara-Los Gatos Road 137.13 feet to a point which is distant thereon South 0° 07' East 202.25 feet from the Southeasterly corner of that certain parcel of land described in Deed from Campbell Properties Co., a limited partnership,to Romani Bros., a co-partnership, dated and recorded June 23, 1955 in Book 3204 of Official Records,page 444, Santa Clara County Records; thence North 89' 46' 30" West 539.49 feet to a point on the Easterly line of that certain parcel of land described in the Deed from Campbell Properties Co., a limited partnership,to Arthur D. Nearon, et al, dated and recorded March 31, 1955 in Book 3131 of Official Records,page 527 Santa Clara County Records; thence South 0° 13' 30" West along said last named lime 181.40 feet to the Northwesterly corner of that certain parcel of land described in Deed from Campbell Properties Co., a limited partnership, to Glen S. DuBois, et ux, dated June 13, 1958 and recorded July 8, 1958 in Book 4116 of Official Records,page 401, Santa Clara County Records; thence North 89' 45'East along the Northerly line of the land so described in the Deed to said DuBois, et ux, 366 feet, more or less, to the Northeasterly corner thereof on the Westerly line of the land so described in Deed to said P. Earl Stuart, et ux, firstly above referred to; thence North 0° 07' West along said last-named line 40 feet to the Northwesterly corner thereof; thence North 89' 45' East along the Northerly line of the land so described in the Deed to said P. Earl Stuart, et ux, 175.00 feet to the point of beginning and being a portion of the Northeast 1/4 of the Southeast 1/4 of Section 27 T. 7 S., R. 1 W.,M.D.B. &M. EXCEPTING THEREFROM the interest in the Easterly 45 feet of premises which was conveyed to the City of Campbell for street purposes by Deed recorded April 23, 1958 in Book 4058 of Official Records,page 317, Santa Clara County Records. i PARCEL TWO: Easement for ingress and egress, road purposes and installation of public utilities, over that certain 40 foot strip of land and that certain 20 foot strip of land particularly described and referred to in the Page No. 8 ! No. 11494983-004-A CP i Agreement dated June 12, 1958 and recorded June 13, 1958 in Book 4097 of Official Records ,page 523, executed by and between Campbell Properties Co., a limited partnership and Romani Bros., a j copartnership, et al. PARCEL THREE: P i A nonexclusive easement for ingress and egress for the use of moving vehicles and for pedestrian travel and of parking of vehicles over the parcel of land firstly described in the Agreement dated June 12, 1958 and recorded June 13, 1958 in Book 4097 of Official Records,page 523, executed by and . between Campbell Properties Co., a limited partnership and Romani Bros., a copartnership, et al. 4 }1 4 t { j ARB No: 30648-072 APN No: 305-21-012 t f f I f a i 4 4 t F I k }I j S, F i l k i 1 I(t 4 V F s i k t S 7 S t j E I i t I f Notice In accordance with Section 15662 of the Revenue and Taxation Code,a buyer may be required to withhold an amount equal to 3 1/3 percent of the sales price in the case of a disposition of California real property interest by either: 1. A seller who is an individual,trust,or estate or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary of the seller,OR 2. A corporate seller that has no permanent place of business in California immediately after the transfer of title to the California property The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be witliltcld or five hundred dollars($500). However,notwithstanding any other provision included in the California statutes referenced above,no buyer will be required to withhold any amount or be subject to penalty for failure to withhold it: 1. The sales price of the California real property conveyed does not exceed one hundred thousand($100,000),OR 2. The seller executes a written certificate,under the penalty of perjury,certifying that the seller is a corporation with a permanent place of business in California,OR 3. The seller,who is an individual,trust,estate or corporation without a permanent place of business in California,executes a written certificate, under the penalty of perjury,of any of the following: a. The California real property being conveyed is the seller's or decedent's principal residence(within the meaning of Section 121 of the Internal Revenue Code). b. The last use of the property being conveyed was used by the transferor as the transferor's principal residence within the meaning of Section 121 of the Internal Revenue Code. G. The California real property being conveyed is or will be exchanged for property of like kind(within the meaning of Section 1031 of the internal Revenue Code),but only to the extent of the amount of gain not required to be recognized for California income tax purposes under Section 1031 of the Internal Revenue Code, d. The California real property has been compulsorily or involuntarily converted(within the meaning of Section 1033 of the Internal Revenue Code)and that the seller intends to acquire property similar or related in service or use so as to be eligible for nonrecognition of gain for California income tax purposes under Section 1033 of the Internal Revenue Code. C. The California real property transaction will result in a loss or net gain not required to be recognized for California income tax proposes. The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. Please call your Escrow Officer if your answer is i "Yes" to any of the following questions ♦ At any time during the preceding 6 months,has there been, or is there currently, any work or construction of improvements on the property? ♦ Are any of the parties currently vested in title,on the property herein currently Incapacitated or Deceased? ♦ Are any of the principals of the transaction intending to use a Power of Attorney to execute any of the documentation involved in this transaction? ♦ Has there been a recent change of marital status of any of the principals involved in this transaction? o Is the property herein intended to be transferred into a Trust,Partnership,Corporation,or Limited Liability Company? ♦ Do the sellers of the property reside outside the state of California? ♦ Will the property described herein be part of a Tax Deferred Exchange? In order to better serve you, We ask that you remember:_ ♦ All parties signing documents must have a valid Photo Identification Card, Drivers License, or Passport for notarial acknowledgment. ♦ Please call your Escrow Officer with any Loan or Lien payoff information, if required,so he or she may order payoff demands in a timely manner,&advise your Escrow Officer of any loan(s)that are to be assumed by the buyer. e If parties are obtaining a loan,your Escrow Officer will need to have the Fire/Hazard Insurance, agent name&phone number to add the new lender on the policy as a loss payee. ♦ If there is to be a change of ownership, it will be necessary for the parties acquiring title to indicate how they would like to be vested. Alliance Title Company has a worksheet available that will briefly explain each of the various methods of holding title (please feel free to request a copy from us). Note: Each method by which you can hold title has different legal &/or tax considerations&parties are encouraged to obtain advise from an Attorney,CPA,or other professional knowledgeable in this area. Priv y Policy of Alliance Title Cc -)any We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, you have provided or will provide us with certain information. We understand that you may be concerned about what we will do with such information particularly any personal or financial information. We agree that you have a right to know how we will utilize personal information you provide to us. Applicability I This Privacy Policy governs our use of the information that you provide to us. it does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and © Information we receive from a consumer-reporting agency. Use of Information "The information you provide us is for our own legitimate business purposes and not for the benefit of any affiliated or nonaffiliated party. Therefore, we will not release your information to affiliated and nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities that need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information f will be handled responsibly and in accordance with the Privacy Policy. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. i i f f I AllianceTitle Notice of Opportunity to Earn Interest You have the opportunity to earn interest on the funds you deposit with us by instructing us to deposit your funds into an interest bearing account. (You do not have an opportunity to earn interest on any funds deposited by a lender.) If you elect to earn interest, there is an additional fee in the amount of $50.00 for establishing and maintaining such an account. It is important that you consider this cost as it may exceed the actual interest you i earn. i Example: A regular savings deposit of $1,000.00 at an average interest rate of 3.0%* per annum for a 30 day period: Deposit x Rate — Annual x Da As = Total Interest Earned $1,000.00 x 03 - 360 x 30 = $2.50 PLEASE READ THE FOLLOWING CAREFULLY: I A. If you do not want to have your funds deposited into an interest-bearing account, please initial below this paragraph and return this Notice and such will constitute an instruction to us that your funds be deposited into Alliance Title Company general escrow account. Likewise, non-receipt of this form will also constitute an instruction to us that your funds be deposited into Alliance Title Company general escrow account. For important information regarding the general escrow accounts, please read the disclosure in Paragraph C below. Initials B. If you elect to have your funds earn interest in an interest-bearing account using Alliance Title Company depository bank, you MUST sign this form below, and return to Alliance Title Company both this signed form and a W-9 form, which can be provided upon request. Please be advised that you will be responsible for reporting all earnings to the applicable taxing authorities. C. Should you not elect to earn interest on your deposit, your funds will be deposited into our general escrow account at a financial institution insured by the FDIC. The general escrow account is restricted and protected against claims by third parties or creditors of Alliance Title Company. This is a non-interest bearing account; however, Alliance Title Company, may receive certain financial benefits from that financial institution because of the general escrow account and its on-going banking relationship. These benefits may include, without limitation, credits allowed by such financial institution on loans to Alliance Title Company and earnings on investments rnade with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. We do not have an obligation to account to you in any manner for the value of, or to compensate any party for, any benefit received by Alliance Title Company. Any such benefits shall be deemed additional compensation of Alliance Title Company for its services in connection with the escrow. ELECTION TO EARN INTEREST: I HEREBY AUTHORIZE AND DIRECT, Alliance Title Company TO OPEN AN INTEREST BEARING ACCOUNT AT Alliance Title Company DEPOSITORY BANK AND TO CHARGE THE ADDITIONAL FEE FOR THIS SERVICE. SIGNATURE: DATE: SIGNATURE: DATE: * Please note that this interest rate is only an example and Alliance Title Company does not guaranty the availability of any specific rate. } EXHIBIT A l LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- 1990 SCHEDULE B I t 1 EXCEPTIONS FROM COVERAGE E This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees of expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records, _ Proceedings by a public agency which may result in taxes or assessments,or notice 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. t 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. t 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5 (a)Unpatented mining claims,(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof,(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b),or(c)are shown by the public records. z EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: _ 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(i) the occupancy,use,or enjoyment of the land,(ii)the character,dimensions or location of any improvement now or hereafter erected on the land,(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part,or(iv)environmental protection,or the effect of any violation of these laws, ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge 3. Defects,liens,encumbrances,adverse claims,or other matters. (a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant, j (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, I (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 for the estate or interest insured by this policy 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the ' indebtedness,to comply with the applicable"doing business"laws of the state in which the land is situated. 5. Invalidity or unenforceabiliry 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 i or any consumer credit protection or truth in lending law. 6. -Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws. i 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 ! SCHEDULE OF EXCLUSIONS FROM COVERAGE i 1. Any law, ordinance or governmental regulation (including but'not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions of area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights g g g p p g appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant:(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder.(c)resulting in no loss or damage to the insured claimant,(d)attaching or created subsequent to Date of Policy,or(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. I 3.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 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. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof 3. Easements,claims of easement or encumbrances 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 public records S. Unpatented mining claims,reservations or exceptions in patents or in Acts authorizing the issuance thereof,water rights,claims or title to water. S. Any lien,or right to a lien,for services,labor or material heretofote or hereafter furnished,imposed by law and not shown by the public records. 4.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970 WITH A.L.T.A.ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant,(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing•by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder,(c)resulting in no loss or damage to the insured claimant,(d)attaching or created subsequent to Date of Policy(except to the extent Insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of.the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable"doing business"laws of the state in which the land is situated. S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy,the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B phis policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 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. 2. Any facts,rights,interests,of claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances 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 public records. 5. Unpatented mining claims,reservations or exceptions in'patents or in Acts authorizing the issuance thereof,water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason'of 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to (1)the occupancy, use, or enjoyment of the land, (ii) the character,dimensions or location of any improvement now or hereafter erected on the land,(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part,or(iv)environmental protection.or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters. (a) created.suffered,assumed or agreed to by the insured claimant, (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy);or j (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable"doing business"laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. j 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the I indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. t 7. Any clairn,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: (1) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a)to timely record the instrument of transfer;or (b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. i i SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of. 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. y 3. Easements,claims of easement or encumbrances 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 public records 5. Unpatented mining claims,reservations or exceptions in patents or in Acts authorizing the issuance thereof,water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records 8.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 +. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(i) the occupancy,use,or enjoyment of the land,(ii) the character,dimensions or location of any improvement now or hereafter erected on the land,(iii)a separation in ownership ! or a change in the dimensions or area of the land or any parcel of which the land is or was a part,or(iv)environmental protection,or the effect of any violation of these laws, ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant, (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy, i (c) resulting in no loss or damage to the insured claimant, I (d) attaching or created subsequent to Date of Policy,or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. { 4. Any claim,which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency,or similar creditors'rights laws,that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer,or f (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure (a)to timely record the instrument of transfer,or (b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.. I 9.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY- 1992 WITH REGIONAL EXCEPTIONS j When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used j and the following exceptions to coverage appear in the policy. SCHEDULE B ' I This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of Part One: 1. Taxes or assessments which are notshown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records i 2. Any facts,rights, interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making Inquiry of persons in possession thereof ' 3. Easements,claims of easement or encumbrances 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 public records. 5. Unpatented mining claims,reservations or exceptions in patents or in Acts authorizing the issuance thereof:water rights,claims or title to water, 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records, i 10.AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY- 1987 ¢( EXCLUSIONS i In addition to the Exceptions in Schedule B, you are not insured against loss,costs,attorneys'fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations ' concerning: } land use land division improvements on the land environmental protection ' This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. j 2. The right to take the land by condemning it,unless: a notice of exercising the right appears in the public records on the Policy Date the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: that are created,allowed,or agreed to by you that are known to you,but not to us,on the Policy Date-unless they appeared in the public records ' that result in no loss to you that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. i 5. Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A,or j in streets,alleys,or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. i I I Form No.1491.EAGLE(10/98) Addendum fo Exhibit A i ADDENDUM TO EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS(By Policy Type) 11. EAGLE PROTECTION OWNER'S POLICY r CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE- 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE- 1998 EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees,and expenses resulting from: i 1: Governmental police power,and the existence or violation of any law or government regulation.This includes ordinances,laws and regulations concerning: a. building i b. zoning C. land use i d. improvements on the Land e. land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14,15,16,17 or 24. 2. The failure of Your existing structures,or any part of them, to be constructed in accordance with applicable building codes.This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. ! 3. The right to take the Land by condemning it,unless: - a. a notice of exercising the right appears in the Public Records at the Policy Date;or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. i 4. Risks: a. that are created,allowed,or agreed to by You,whether or not they appear in the Public Records: b. that are Known to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Policy Date; c. that result in no loss to You;or d. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7,8.d,22,23,24 or 25, f 5. Failure to pay value for Your Title, f i 6. Lack of a right: a. to any Land outside the area specifically described and referred to In paragraph 3 of Schedule A;and b. in streets,alleys,or waterways that touch the Land This Exclusion does not limit the coverage described in Covered Risk 11 or 18. 12.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE i WITH EAGLE PROTECTION ADDED s EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(i) the occupancy,use,or enjoyment of the Land;(if)the character,dimensions or location of any improvement now or hereafter erected on the Land;(iii)a separation in ownership f 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 frorn a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy.This exclusion does not limit the coverage provided under insuring provisions 14, 15,16 and 24 of this policy. f t (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.This exclusion does not limit the coverage provided under insuring i provisions 14,15,16 and 24 of this 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 I 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: ; 1 (a)created,suffered,assumed or agreed to by the Insured Claimant; (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured I 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; l i (d)attaching or created subsequent to Date of Policy(this paragraph(d)does not limit the coverage provided under insuring provisions 7,8,16,17,19,20,21,23,24 and 25);or i f (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: (a)usury,except as provided under insuring provision 10 of this policy;or (b)any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 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: (a) the transaction creating the interest ofthe insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i)to timely record the instrument of transfer;or (ii)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. I 8. Any claim of invalidity,unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy.This exclusion does not limit the coverage provided under insuring provision 7. 9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy,and all interest charged thereon,over liens,encumbrances and other matters affecting title,the existence of which are Known to the Insured at: (a) The time of the advance;or r (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged,if the rate of interest is greater as a result of the modification than it would have been before the modification. i This exclusion does not limit the coverage provided under Insuring provision 7. SCHEDULE B i This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: j 1. Environmental protection liens provided for by the following existing statutes,which liens will have priority over the lien of the Insured Mortgage when they arise:NONE. i 13.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH EAGLE PROTECTION ADDED WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy: SCHEDULE B 4 This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: Part One: 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. i 2. Any facts,rights, interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances 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 public records. 5. Unpatented mining claims;reservations or exceptions in patents or in acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 4 Part Two: 1. Environmental protection liens provided for by the following existing.statutes,which liens will have priority over the lien of the Insured Mortgage when they arise:NONE i l i O F F I C E O F COUNTY A S S E S S O R S A N T A C L A R A COUNTY, C A L I F 0 R N I A BOOK PACE 305 21 � a S U. (!3)7 �-{—� o T.7s—R,;W. P.M. 765—M-42 N 26 ---Ib — 4 BLuD S.---WINCHESTER - (FMLY S.C.—LG. nsa vrr nss 27 1075 !rr/"/J /731 /HOJ i 110.07 53,f4 130? 2 5 MgM 37.15 20.05 ��� iisi tit nls Q nrr /3 Ld Q w PCL, I 3.490t AC, NET 3.535t AC. GROSS } � 1.20 AC. NET I snll {� 72 a 3 22 PCL.A 1.51 AC. 3.25 AC.NET I 1.88 AC. W a z � � 3 273.38 L iiso mre ?r m c PCL.B I I 3Z 1 3x �° knl IB _II15 1 14 1 II IO 1 7 I 6 3 1 2 , �oI w 18 17 I tG 1 15 1 `T 17 /s OI �5 2/ >1 20 aI /9 1P /0 ° _1 1 1 0 302Ae I I 30'I i5 153.51 131.<2 I 51 '24.58 57ke 1^ 7876 6x b3 60 60 1 50 1 6o I 67 I 60 I GO GO1 66.37 4 —•--•-- —�---•� �/6' J06 3J0 I 1 3J0 J00 er .� TRACT N°1805 TRACT N�I810 TR,N'1532 DR.: - - ---DUNSTER LAWNDALE SUBD. —�- -� I UN,N92 I AMPEX SUED. " 1 U 1 20 I N Q LAWRENCE E STONE—ASSESSaR CD X Cedotrd IefQ hr oseamtmt pxpmee a8Y• ON Canpled Inder R 3 T.Code,Sec 327. M Etbcllw RdI Yacr 2(%15••2006 Q RESOLUTION NO 5. BEING A RESOLUTION ACCEPTING DEED TO REAL PROPERTY FOR ROAD PURPOSES. WHEREAS, CA14PBELL PROPERTIES CO. , a. limited partner- ship, have tendered a deed of certain real property for road purposes to City of Campbell, -a municipal corporation, and WHEREAS, the acquisition of said property is at no cost and expense to said City, and the said land is reasonably necessary for road purposes, now, therefore, BE IT RESOLVED that the said deed from Campbell Proper- ties Co. , a limited partnership, be and the 'same is hereby acnepted, and that the City Clerk be, and she is hereby author- ized to record or cause to be recorded the said dead with the County Recorder of the County of Santa Clara, State of Califor- nia. PASSED AND ADOPTED this 21st day of April ,1958, by the following vote: . AYES. Councilmen Chappell, Fairchild, Mayne, Rose NOES; Councilmen None ABSENT: Councilmen Chargin l APPROVEW i Mayor ATTEST j City C e 2ri 2007 i GRANT DEED FOR ROADWAY PURPOSES We, CAMPBELL PROPERTIES CO. , a limited partnership, grant to City of Campbell, a municipal corporation, for street pur- poses all of that certain real property situate in City of Camp- bell, County of Santa Clara, State of California, and more par- ticularly described as follows: Parcel No. 1 Beginning at a point in the center line of Santa Clara-Los Gatos Road at the southeasterly corner of that certain parcel of land conveyed to John A. M&ffey, et ux, by deed recorded in Book 3649 of Official Records, page 157, Santa Clara County Records; thence southerly along the said center line of Santa Clara-Los Gatos Road 137.16 feet to the northeasterly corner of that certain parcel of land conveyed to City of Campbell by deed recorded in Rook_ 3492 of Official Records, page 650, Santa Clara County Records; thence westerly along the northerly line of said parcel as conveyed to City of Campbell to the in- tersection thereof with a line parallel with and. 4.5.00 feet perpendicular distance westerly from the said center line of Santa. Clara-Los Gatos Road; thence northerly along said parallel line to the intersection thereof with the southerly line of said parcel as conveyed to John A. Maffey, et ux; thence easterly along said southerly line of said parcel as conveyed to John A. Maffey, et ux, to the point of beginning. Parcel No. 2 Beginning at a point in the center line of Latimer Avenue at the southwesterly corner of that certain 7.573 acre parcel of lgnd conveyed as Parcel 1 to Campbell :properties Co., by deed recorded in Boor 3131 of Official Records, page 493, Santa Clara County Records; thence east- erly along the said. center line of Latimer Avenue 366.20 feet to the southwesterly corner of that certain parcel of land conveyed to City of Campbell by deed recorded in Book 3492 of Official Records, page 650, Santa Clara County Records; thence northerly along the westerly line of said parcel as conveyed to City of Campbell to the intersection thereof with a line parallel with and 30.00 feet perpendi- cular distance northerly from said center line of Latimer Avenue; thence westerly along said parallel line to the Intersection thereof with the westerly line of said parcel as conveyed to Campbell Properties Co. ; thence southerly along said westerly line of said parcel as conveyed to Campbell Properties Co. to the point of beginning. i I I i IN WITNESS WHEREOF, we have placed our names this day of APR 1958. _ _ m—Um Partnership -ram GRANTORS WITNESSED: STATE OF CALIFORNIA COUNTY OF SAN MATEO ( s s ( On this 3rd day of _ APRIL in the year 1958, before me, FRtLNK &A. BARTLETT personally appeared D. A. RAYB OUL,D an.,! H. E. GOSS, known M1 to me to be the general partners of CAMPBELL PROPERTIES CO. , a limited partnership, that they executed the within Instrument and acknowledged to me that such partnership executed the same. Ill? WITNESS ;tFE 70.F, I have hereunto set my hand, and. affixed my official seal the day and year in this certificate first above written. notary Pu„lic in and far the County of State of California My Commission Expires (Z LZII) i I I r: .I FYI �L/GENE' � L=/LEf:✓ � �ly,SQU�JL/ ^� m; ✓ri X/S� �/. Cg /��t?,F'Gf?.E.'E T f1'/Fi Ff E f' i I o I �i 36 � 9 - cle- /S7 j pi ,.fib, S B9 4S'v✓ '�i, vn jA3f NJ f �Id r z •;��^�r,,?y�a /NQ/G,41'G�`S L�9N0 To dE ZaFE,O "G TD L./TY /R /lO _Any F" -d,P.'J -5 2i/ ✓G1SC 14620; '! 14� 2.0 f .I goof 405S PA017 'tut 4058 w! i i mg f:U�_ftn0RV 3RESOWR'rOR+T �gsoo..w+.� h ww WY e A BEING A RESOLItTiom ACCEPTUG DEED 23 TO . PROPEI 7C FOR ROAD PURPOSES. FRPOSES. AS, CAMPBELL PROPERTIES CO..-, a limited partner- ship, havae'tsndsr•d a deed of certain real property for goad purposes to City of Campbell, a municipal corporation. and AEAS, the aioqui.aition of said property is at no cost and expense to said City, and the said land is reasonably necessary for road purposes; now, therefore., BE IT RESOLVED that the said deed from Campbell Proper- ties Co., a limited partnership, be and the same is hereby aa-opted. and that the City Clerk be, and she is hereby author- ised to record or oassa to be recorded the said .deed with the County Recorder of the County of Santa Clara, State of Califor- nia. PASSED AND ADOPTED this 21st day of April ,1958, by the following vote: AY'E5: councilmen Chappell, Fairchild, Mayne, Hesse HOES: C ou nc iimen Atone A SEN?t Councilmen Chargin APPROVED: ATTEST: Tre city Cleric x . "orothy ':revel^ar. City Clerk 0:' the .! ^ity of ar.:ohell, hereby certify that the fore- ` ! goine is a tale a`i o rect copy 0f rez-,!lu i oz; V ORFSel anil aiootel at a rerr.::.ar met~tln: of the City '10,2twii of the City of arpbelli o, the lay of e 17 �o�ro vet 7-slty..Ierx .tit' ti F t 1c ¢ s zb . 1N {777= VO �fi p ��1�1 ice'.� V, .i�i'. � Y�•.. M. .. R. Oil a' 99 su ' R` ib� M11rMtZlrA'3,j aQla+fa' 6f � h' !`RRt . O ltt 7PY;� iMo3oJbtRp' #! i 66liUia is+ia"Oal' ' .6!' ea�o+t ri►# to Citj 0 .€ MM 17E by"lL60G., eeae dRd 1 i Aiii.: estsxI �. .tom senor ,Iiva. 4iE1� any i iii* ll— ;t .+i3se :: st t said. +►�a�R� .. tea, ;z,,. a .. T }' t+! Ci ia+ic v tine .4 .... 'o'R �3 ;iipeai� st � .,$M iaO�t eaiexC d4� "tua3sor with` tC�r 'itbRlyr 1 `" mf asad :ark t1e+b+s3�!� bsa A. .y ,� Me Oa�or3s sk s+ x17 Ito* . ` '1�t ��:� �11k!!16R�. Eiffi$ OE►!a9'.'�7R� '� $ �: 'J�r►4`?Ry'o Rt taA° 'tA , 1 aat p® st Alter=oaeat'es• 1iz� of 5.at1�1� A e?r�ae, �rar t�t+t a ttlsacast+nr3l ;.a®s°r�s st<t t: as-eUfik 7.573 ran phi:of ®a ea +e ,xs 14Mrt+sR2, -t"OM),IL do.4�� gs, �9�t[�e,� ha►aoads . Shentse ass r a easbrtpRr�$ Qf t asr ens 366.2o e ate' RtRr�.�r aaer Est tteai,: aes-Grim pr►a +e m ebb �li6ta� 'ii�RAio + � sasas ..c37auus a;aoiaty s i, e�aertC �r s►lee tg AMU0Rateer�i .]1nR of RMiei .,.pt ,Cauepbai3l,.to' the Vat erl�oiC jAh a e �. frith: 0D.oaD fiat p q ►' �s` r *yr sR a iontor llne of Latimer Wl taC iliear7f r s; re sad r*l ...1 Urns to the :a= �A CCU tf iidla °C*Ss rA+itov Tit�ie e� era&e� parcel �aae �s 13 PropRr'Jdeie aa.::. ttiian� aesaR +srlr 6osaeeyed 'to a:t. ssial ;lI rLRal i;41 alas .p�ltat o Siia ,: KI <wt.` `r -' t�� n'� rrs -�•,f'"h ''fif"�� lot 14 1 x { K �, �_ c r � k i� .� s��� r t �*,y��r� �.n��,�3� a' c��C✓ �li�i � 5' •t, ,�' Y� �, f J R 4 s � Y F , a 3� ',t i f � F r� 5 4v�,t•r t 1 t i s � 414 IF .r �ti � t � •:a R4 � f 4s�m' lip - • IT ov" 40M *Rio* .77 We P, 5 r } � � � 'a z asImam l 4 f��p yyr � pp i s z l x W g�• ��i.f i S � y a fY as EE Rt F ► ' �'4'� fir lap® xY i y J. Y iY^.R�..Mg n:C 1•:ost?f , ,ct a tilli r ^ 5{f , 'Al , I Y l h y� '.te wit its, i' l [ � moon \ t )T f ? p ,t` 05 3MOW t 8 'n _:t bows., RAG 3n0v. OVA Rl A TO y rti r t. i` of oa,� . 02CH ARC . CITY OF CAMPBEL . Public Works Department August 29, 2006 Keon Vossoughi Keon Vossoughi 1701 Sweetbriar Dr. 2751 Richland Ave. San Jose, CA 95125 San Jose, CA 95125 Subject: 1769-1783 S. Winchester Blvd. (Permit#BLD 2006-937,Facade Improvements) Public Works Department Conditions of Approval Dear Applicant: The Public Works Department has reviewed your application submittal for the subject project. The enclosed attachment is.the conditions of approval for the project. You.will NOT receive a building permit until you have complied with these conditions. Please contact me to schedule an appointment to review-your conditions. I can be reached at (408) 866-2166. Sincerely, Ed Arango, P.E. Civil Engineer cc: Mr. Tom Adams The Hagman Group 1990 The Alameda San Jose, CA 95126 Attachment: Conditions of Approval J:\LandDev\Conditions\Templates\Bldg Letter.doc Planning Commission} R� ' iution No. 3722. PLN2006-26 — 1769-1783 S. Winchester Boulevard Administrative Planned.Development Permit Page-6 submitted to the Building Official for approval -prior to issuance of the building permits, in accordance with U.B.0 Section 106.3.5. .Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 22. Non-Point Source Program: The City of Campbell, standard Santa Clara Valley Non-point Source.Pollution Control Program specification sheet shall be part of plan submittal. - The specification sheet (size 24" X ;36") is: available .at the Building Division service counter. 23. Title 24 Accessibility-Commercial: On site:general path of travel shall comply with the latestCalifornia Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities.and sidewalks 24.Title 24 Accessibility- Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-fine completed,-City of Campbell"20%" exemption form on submitted construction plans. Form is available at Building Division service counter: . 25. Approvals Required: The project requires the following agency approval prior fo issuance of the building permit: a. Santa Clara County Fire Department 26. P:G. & E.:. Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or. relocations may require substantial scheduling time and can cause significant delays in the approval.process_ Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required-conductor clearances. PUBLIC WORKS DEPARTMENT 27. Proof of Ownership:- Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall provide a current Prelim-inary Titie Repor',_grant-deed, or other satisfactory proof of ownership. 28. Right. of Way for Public Street Purposes: Prior to issuance of any grading or building permits for the site, the applicant shall fully complete the process to cause additional right of way to be granted in fee for public street purposes along the Winchester Boulevard frontage to accommodate 45 foot half street width,. The applicant shall submit.the necessary documents.for approval by the-City Engineer, process the submittal with City staffs comments, and fully complete the right of way process. The applicant shall cause all documents -to be prepared by a registered civil engineer/land surveyor, as.necessary, for the City's review and recordation. r .Planning Commission R, Aution No. 3722 PLN2006-26 -- 1769-1783 S: Winchester Boulevard Administrative Planned Development Permit Page_7, 29. Street Improvements: Prior to issuance.of any grading or.building permits for the site, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and _deposits, post security and .provide. .insurance necessary.to. obtain an encroachment permit for construction of the standard public street improvements, as .required by the City Engineer. The plans.shall include the following: a. . Show location" of all. existing utilities within the new and existing-public .right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk 'area. c. Removal of existing driveway approach., sidewalk and asphalt concrete located behind sidewalk in public right of way. d. . Installation of,City standard 10' attached sidewalk and ADA compliant driveway approach. e. --installation .of City approved..street trees, tree wells-and irrigation at 30 feet on center. f. Installation of-asp halt concrete-overlay per street-pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. g. Installation of traffic control, stripes and signs. h. Construction of- conforms to existing public and private improvements, as. necessary. 30. Additional Street. Improvements: Should any-new utility main lines or other work required to service -the development.that affects any street improvements, the City -may add conditions to the development/project, at the discretion of the City Engineer, to restore pavement-or other street improvements to the satisfaction of the City. 31. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 32. Maintenance of Landscaping: Owner9s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This Planning Commission Rr 1lution No. 3722 PLN2006-26'-- 1769-1783 S. Winchester Boulevard Administrative Planned Development Permit Page 8 includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Threes shall,not be pruned in a manner that would not allow the tree to grow to a mature height. 33. Water Meter(s) and .Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanaut(s) shall be relocated or installed on private property. -behind the public right-of-way line. 34. 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 companies. 35: Utility -Coordination Plan: Prior to issuance of building permits for the site, the -applicant shall. submit a utility coordination plan and schedule for approval by the _City Engineer for installation and/or abandonment of all.utilities. - Streets which have been .resurfaced within the previous.five years will require boring and jacking for all new utility installations. 36. Pavement Restoration: Based on the utility coordination plan, the applicant shall. prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation of abandonment. Streets that have been reconstructed or overlaid within the previous five years- will require boring. and jacking for all new .utility installations. Winchester Boulevard was overlaid in 2002. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 37. Drainage System: Prior to occupancy clearance, the, applicant. shall refurbish, remodel, and reconstruct the on-site drainage system, as necessary, to demonstrate _ _ that the facilities are functioning normally in accordance with the requirements of the City.. 38. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall .comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. " The primary objectives" are to improve- the quality and reduce the quantity of stormwater runoff to the bay. Resources- -to .-achieve these objectives include Stormwater "Best Management Practices Handbook for New Development and Redevelopment .("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection.("Start at the "Source") by the Bay Area Stormwater, Management Agencies Association - _ Planning Commission RL ;iution No'. 3722 PLN2006-26 -- 1769-1783 S. Winchester Boulevard Administrative Planned Development.Permit Page 9 (BASMAA), 1999; and Using Site. Design Techniques to Meet Development Standards for Stormwater Quality. A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA; 2003. 39. Legal Lot: The applicant shall provide documentation to ascertain that the lot has been legally created. . .PASSED AND ADOPTED this 23 d day of May, 2006, 'by:the following roll call vote: AYES: Commissioners: Alderete, Ebner,.Francois, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: Doorley and Gibbons ABSTAIN: Commissioners: None APPROVED: Bob Alderete, Chair ATTEST: Sharon Fierro, Secretary - PL REVIEW ROTJTE SHEET DATE: ADDRESS: / -7 - W 1 J C7 ASSESSOR'S PARCEL NUMBER: PLAN CHECK NUMBER: �'j ;7 -- . DESCRIPTION ORWORK: APPROVED: NO COMMENTS: DATE: APPROVED: CONDITIONS BELOW: NOT APPROVED: t RETURN TO BUILDING PERMrr APPLICATION. PERmrr CITY OF.CAMPBELL-BUILDING DIVISION BUILDING ADDRESS: 17(ol— 1-7%-S W,�C�.�-�c�Z Zty� . sU_►'_rF PERNIIT TYPE: BUILDING ELECTRICAL PLUMBING MECHANICAL DEMOLITION SIGN GRADING OTHER (DESCRIPTION OF WORK: NEW— RES. COMM, DEM.0; SIGNS OTHER &CARE -tv H,c�sf;.�co •1 ��.1d��� VALUATION 1 t� OWNER'S NAME: V C3S5O U(Owk PHONE#: C40%> 7-7 ADDRESS: crry: ZT: APPLICANT'S NAME: PHONE#: ADDRESS: cam: zrn: CONTRACTOR'S NAME: �o�F� � w�a,�S �]r� LICENSE 4_1_�� .CONTACTPERSON: PHONE#: _(fig\ ADDRESS: a o i crrY: Las .(e& i zrr: �So3Z ARCHI'r MENG NAME: CONTACT PERSON: �A�iav j PHONE#: (40%� Z.4N 143� ADDRESS: IgSU "CFI iQl �M � E CITY: ZIP: QSIz co ! HAZARDOUS MATERIALS: USED ON SITE: YES NO t4 . STORED ON SITE: YES NO or use or storage of hazardous materials !(F g ,provide a HazMat Information Statement to the Fire Dept hazardous Materials Specialist for review and comment. FIRE SPRMMERED: YES NO S - i r F OR CH ARp CITY OF CAMPBELL Community Development Department May 24, 2006 Mr. Bill Hagman The Hagman Group 1990 The Alameda San Jose, CA 95126 Re: PLN2006-26/44 - 1769-1783 S. Winchester Boulevard - Administrative Planned Development Permit & Master Sign Plan Dear Applicant: Please be advised that at its meeting of May 23, 2006, the Planning Commission took the following actions- 1. Adopted Resolution No. 3722 approving an Administrative Planned Development Permit (PLN2006-26) for an existing multi-tenant commercial-retail building; and 2. Adopted Resolution 3723 approving a Master Sign Plan (PLN2006-44) for new signage on the above referenced properties. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, June 2, 2006. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil_Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, c Melinda M. Denis Planner I cc: Keon & Michele Vossoughi, Trustees (Property Owners) 1701 Sweetbriar Drive San Jose, CA 95125 Frank Mills, Building Chris Veargason, Fire XEd.Arango, R'ublic ork8 70 North First Street • Campbell, California 95008-1 4 3 6 TEL 408.866.2140 FAx 408.866.8381 TDD 408.866.2790 RESOLUTION NO. 3722 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING AN ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT (PLN2006-26) FOR AN EXISTING MULTI-TENANT COMMERCIAL/RETAIL BUILDING ON PROPERTY - OWNED KEON AND MICHELE VOSSOUGHI TRUSTEES LOCATED AT 1769-1783 S. WINCHESTER BOULEVARD IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. BILL HAGMAN, ON BEHALF OF THE HAGMAN GROUP. FILE NO.: PLN2006-26. 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 Planning Commission did find as follows with respect to application PLN2006-26 1. The proposed project of commercial and retail is consistent with the General Plan land use designation of Central Commercial shown on the Land use Element of the General Plan. 2. The proposed project is consistent with the Planned Development Zoning Ordinance. 3. The site plan proposes the fagade enhancement and remodel of an existing 13,102 square foot multi-tenant commercial/retail building with related parking and landscape facilities. 4. The project provides 130 off-street parking spaces, where 65 spaces are required. 5. The project consists of a building coverage of 16.1%, landscaping coverage of 4.3%, and paving coverage of 79.6%. 6. The proposed project will have a floor area ratio of 0.16. 7. The subject property is surrounded by a church to the north, an office/church to the south, varied commercial uses to the east, and multi-family residential to the west. 8. The proposed massing and design of the buildings are consistent with other developments in the surrounding area and recent commercial developments in the Central commercial area. 9. The project qualifies as Categorically Exempt under Section 15301, Class 1(e) of the California Environmental Quality Act (CEQA). Based upon the foregoing .findings of fact, the- Planning Commission further finds and concludes that: Planning Commission R__ elution No. 3722 PLN2006-26 -- 1769-1783 S. Winchester Boulevard Administrative Planned Development Permit Page 2 1. The proposed development will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The proposed development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will.not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 4. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 5. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 6. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. THEREFORE, BE IT RESOLVED that the Planning Commission approves an Administrative Planned Development Permit (PLN2006-26) for an existing multi-tenant commercial/retail building on property owned by Keon and Michele Vossoughi Trustees located at 1769-1783 S. Winchester Boulevard in a P-D (Planned Development) Zoning District, subject to the following conditions: Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. 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 Planning Division 1. Approved Project: Approval is granted for an Administrative Planned Development Permit to allow the fagade enhancement, remodel, and site improvements to an existing multi-tenant commercial retail building at 1769-1783 S. Winchester Boulevard. The building design and site design shall substantially conform to the project exhibits ,listed below, except as may be modified by the conditions of approval herein: Planning Commission R lution No. 3722 PLN2006-26 -- 1769-1783 S. Winchester Boulevard Administrative Planned Development Permit Page 3 a. Project plans prepared by The Hagman Group, and stamped as received by the Planning Division on May 2, 2006, including a site plan, floor plans, elevations, and conceptual landscape and irrigation plan. b. Colored Elevation prepared by the Hagman Group, and stamped as received by the Planning Division on April 24, 2006. c. Color and material board submitted by the Hagman Group on April 24, 2006. 2. Permit Expiration: The Administrative Planned Development Permit approval shall be valid for one year from the date of final approval. Within this one-year period a building permit must be obtained and construction completed one year thereafter or the use must be established on the property (if no building permit is required). Failure to meet these deadlines will result in the Administrative Planned Development Permit being void. 3. Revocation of Permit: Operation of the use in violation of the Administrative Planned Development Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Administrative Planned Development Permit by the Community Development Director. 4. Operational Hours: The operational hours shall be limited to 6 a.m. to 11 p.m. seven days a week. 5. Landscape Plan: The applicant shall submit four sets of a landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the .City's Water Efficient Landscaping Standards (WELS) and shall include the following: a. All shrubs shall be a minimum five gallon size plant material and all trees shall be a minimum 15-inch boxed container. b. Planter areas adjacent to driveways or parking areas shall be protected by six- inch concrete curbs or other acceptable barriers. c. Landscaped areas shall be provided with a permanent automatic underground irrigation system. d. Required landscaping shall consist of turf, ground cover, shrubs, trees, and boulders in combination to provide attractive screening of parking lots and other paved area. Required landscaping shall consist of a variety of species and sizes. R' Planning Commission R.� ..elution No. 3722 PLN2006-26 -- 1769-1783 S. Winchester Boulevard Administrative Planned Development Permit Page 4 e. Applicant shall provide a minimum of one tree per eight parking spaces within the front parking lot area. The trees spacing shall be provided at a minimum to provide a tree canopy over the parking lot. 6. Fences/Walls: Any new fencing shall comply with Section 21.18.060 and 21.18.120 of the Campbell Municipal Code and the approved project plans, and shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. The existing chain-link fence along the rear property line shall be removed and replaced with a six-foot masonry wall. The wall shall be architecturally compatible with the building in terms of colors, materials, and architectural style and include appropriately installed and maintained landscaping. 7. Property Maintenance: The property is to be maintained free of any combustible trash, debris, and weeds until the time that actual construction commences. Any vacant 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). 8. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 9. Cargo Storage Container: The existing cargo storage container with in the rear parking lot area shall. be removed within 30 days of final Planning Commission approval. 10. On-Site Lighting_ On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting for compliance' with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. 11. Parking and Driveways: All parking and driveway areas shall be developed and maintained in compliance with the approved plans and Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code. 12. Trash and Recycling Enclosure: The applicant shall submit building permit plans with details regarding the design and location of a new trash and recycling enclosure. All refuse and recycling containers shall be located in an enclosure constructed and consisting of a concrete floor at least six inches in depth, surrounded by a minimum six-foot high masonry wall and having a solid metal gate. Planning Commission R',- iution No. 3722 PLN2006-26 -- 1769-1783 S. Winchester Boulevard Administrative Planned Development Permit Page 5 The design of the enclosure shall be compatible with the building. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector. The refuse and recycling containers shall be kept in the enclosure at all times except when being emptied by collection personnel. 13. Construction Hours: Construction activities shall be limited to the hours of 8:00 a.m. to 5:00 p.m. weekdays and 9:00 a.m. to 4:00. p.m. Saturdays. Construction is prohibited on Sundays and Holidays unless an exception is granted by the Building Official. 14. Construction Management Plan: A construction management plan shall be developed that includes traffic management and site staging to the satisfaction of the Community Development Director. 15. Contractor Contact Information Posting: Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street. Building Division 16. Permits Required: A building permit application shall be required for the proposed new commercial structure. The building permit - shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 17. Construction Plans: The conditions of Approval shall be stated in full on the.cover sheet of construction plans submitted for building permit. 18. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 19. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 20. Site Plan: Application for building permit shall .include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 21. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be Planning Commission R_____F ?ution No. 3722 ` } PLN2006-26 -- 1769-1783 S. Winchester Boulevard Administrative Planned Development Permit Page 6 submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.0 Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 22. Non-Point Source Program: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 23. Title 24 Accessibility-Commercial:. On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks 24. Title 24 Accessibility- Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 25. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department 26. P.G. & E.: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. PUBLIC WORKS DEPARTMENT 27. Proof of Ownership: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall provide a current Preliminary Title Report, grant deed, or other satisfactory proof of ownership. 28. Right of Way for Public Street Purposes: Prior to issuance of any grading or building permits for the site, the applicant shall fully complete the process to cause additional right of way to be granted in fee for public street purposes along the Winchester Boulevard frontage to accommodate 45 foot half street width,. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staff's comments, and fully complete the right of way process. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. Planning Commission R''1_ ,',ution No. 3722 PLN2006-26 -- 1769-1783 S. Winchester Boulevard Administrative Planned Development Permit Page 7 29. Street Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City.Engineer. The plans shall include the following: a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approach, sidewalk and asphalt concrete located behind sidewalk in public right of way. d. Installation of City standard 10' attached sidewalk and ADA compliant driveway approach. e. Installation of City approved street trees, tree wells and irrigation at 30 feet on center. f. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. g. Installation of traffic control, stripes and signs. h. Construction of conforms to existing public and private improvements, as necessary. 30. Additional Street Improvements: Should any new utility main lines or other work required to service the development that affects any street improvements, the City may add conditions to the development/project, at the discretion of the City Engineer, to restore pavement or other street improvements to the satisfaction-of the City. 31. Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant, shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 32. Maintenance of Landscaping: Owner9s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This Planning Commission R,, `lution No. 3722 PLN2006-26 -- 1769-1783 S. Winchester Boulevard Administrative Planned Development Permit Page 8 includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Threes shall not be pruned in a manner that would not allow the tree to grow to a mature height. 33. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer ceanout(s) shall be relocated or installed on private property behind the public right-of-way line. 34. 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 companies.. 35. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall. submit a utility coordination plan and schedule for approval by the . City Engineer for installation and/or abandonment of.all.utilities. Streets which have been resurfaced within the previous five years will require boring and jacking for all new utility installations. 36. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval.by the City Engineer prior to any utility installation of abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Winchester Boulevard was overlaid in 2002. The pavement restoration plan shall indicate -how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 37. Drainage System: Prior to occupancy clearance, the applicant shall refurbish, remodel, and reconstruct the on-site drainage system, as necessary, to demonstrate that the facilities are functioning normally in accordance with the requirements of the City. 38. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara_Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start. at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association Planning Commission R," �,�ution No. 3722 PLN2006-26 -- 1769-1783 S. Winchester Boulevard Administrative Planned Development Permit Page 9 (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality. A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 39. Legal Lot: The applicant shall provide documentation to ascertain that the lot has been legally created. PASSED AND ADOPTED this 23�d day of May, 2006, by the following roll call vote: AYES: Commissioners: Alderete, Ebner, Francois, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: Doorley and Gibbons ABSTAIN: Commissioners: None APPROVED: Bob Ald'erete, Chair ATTEST: Sharon Fierro, Secretary RESOLUTION NO. 3723 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MASTER SIGN PLAN (PLN2006- 44) FOR NEW SIGNAGE ON THE PROPERTY OWNED BY KEON AND MICHELE VOSSOUGHI TRUSTEES LOCATED AT 1769-1783 S. WINCHESTER BOULEVARD IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. BILL HAGMAN, ON BEHALF OF THE HAGMAN GROUP. FILE NO.: PLN2006-44. 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 Planning Commission did find as follows with respect to application PLN2006-44: 1. The master sign plan will provide a consistent design throughout the project site and will help the public identify businesses on the site. 2. The proposed signs, as conditioned, are architecturally compatible in design and consistent with the proposed project. 3. None of the proposed signs have flashing, moving or rotating parts or lights. 4. Sign illumination will be provided internally within the signs or externally concealed in shrubbery. 5. The freestanding monument sign is 14 feet in height and will be visible from Winchester Boulevard. 6. The applicant has demonstrated that the signage is similar to other similarly situated businesses in the area. 7. The project qualifies as Categorically Exempt project under Section 15311, Class 11 of the California Environmental Quality Act (CEQA), pertaining to the construction or placement of on-premise signs. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The signs are consistent with the requirements of the Sign Ordinance. 2. The size, shape, color, and placement of the signs are compatible with the buildings they identify and are compatible with the visual characteristics of the surrounding area so as not to detract from or cause to decrease the value or quality of adjacent properties. 3. Both the location of the proposed signs and the design of their visual elements (lettering, words, figures, colors, decorative motifs, spacing, and proportions) are legible under normal viewing conditions. Planning Commission R',__ _ s;ution No. 3723 PLN2006-44 -- 1769-1783 S. Winchester Boulevard - Master Sign Plan Page 2 4. The location and design of the proposed signs do not obscure from view or unduly detract from existing or adjacent signs. 5. The location and design of the proposed signs (e.g., size, shape, illumination, and color) are compatible with the visual characteristics of the surrounding area so as not to detract from or cause to decrease the value or quality of adjacent properties. 6. The location and design of the proposed signs, located in close proximity to any residential district, do not adversely affect the quality or character of the residential area. 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of _approval, will have a significant adverse impact on the environment. 8. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. THEREFORE, . BE IT RESOLVED that the Planning Commission approves an Administrative Planned Development Permit (PLN2006-26) for an existing multi-tenant commercial/retail building on property owned by Keon and Michele Vossoughi Trustees located at 1769-1783 S. Winchester Boulevard in a P-D (Planned Development) Zoning District, subject to the following conditions: Where approval by the Director of Community Development,. City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. 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 Planning Division: 1. Approved Permit: Approval is granted for a Master Sign Plan for new signage on property located at 1769-1783 S. Winchester Boulevard. This permit shall be valid only in conjunction with the approved Administrative Planned Development Permit- (PLN2006-26). The project shall substantially conform to the project exhibits listed below; except as may be modified by the conditions of approval contained herein: a. 1769-1783 S. Winchester Boulevard .Master Sign Plans, prepared by The Hagman Group and stamped as received by the planning Division on May 15, 2006. Planning Commission R�. ,�ution No. 3723 PLN2006-44 -- 1769-1783 S. Winchester Boulevard - Master Sign Plan Page 3 b. 1769-1783 S. Winchester Boulevard Sign Control Regulations, prepared The Hagman Group and stamped as received by the Planning Division on May 2, 2006. 2. Existing Monument Sign: The existing monument sign shall be removed prior to installation of the new monument sign. 3. Consistency with Master Siqn Plan: All new signs shall be constructed and installed in conformance with the approved Master Sign Plan and Sign Control Regulations. A deviation from the approved plans and standards shall require approval from the Planning Commission for a modification to the Master Sign Plan. 4. Sign Maintenance: The signs shall be maintained in good condition at all.times and shall be repaired or replaced as deemed necessary by the Community Development Director. 5. Siqn Permit Required: The applicant/business operator shall obtain a Sign Permit from the Planning Division prior to the installation of any new signs to ensure sign consistency with the Master Sign Plan. 6. Buildinq Permits Required: The applicant/business operator shall obtain all necessary building and/or electrical permits from the Building Division prior to the installation of any new signs. PASSED AND ADOPTED this 23rd day of May, 2006, by the following roll call vote: AYES: Commissioners: Alderete, Ebner, Francois, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: Doorley and Gibbons ABSTAIN: Commissioners: None APPROVED: Bob Alderete, Chair ATTEST: Sharon Fierro, Secretary s,M1 MEMORANDUM CITY OF CAMPBELL TO: Melinda Denis,Project Planner DATE: 04/10/06 FROM: Ed Arango,Associate Engineer -SUBJECT: DRC APPLICATION Site Address: 1769 S. Winchester Blvd. For File No(s): PLN 2006-026 Project Description: Fagade enhancement and remodel of existing commercial building Applicant: Howard Jeng PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL 1. Proof of Ownership: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall provide a current Preliminary Title Report, grant deed, or other satisfactory proof of ownership. . 2. Right-of-Way for Public Street Purposes: Prior to issuance of any grading or building permits for the site, the applicant shall fully complete the process to cause additional right- of-way to be granted in fee. for public street purposes along the Winchester Boulevard frontage to accommodate 45 foot half street width. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staff's comments and fully complete the right-of-way process. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 3. Street Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following: a. Show location of all existing utilities within the new and existing public right-of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approach, sidewalk and asphalt concrete located behind sidewalk in public right of way. d. Installation of City approved street trees, tree wells and irrigation at 30 feet on center. J:\LandDev\Conditions\Ping\Winchester S 1769.DOC Page 1 of 3 1 i69 S. Winchester Blvd. e. Installation of City standard 10' attached sidewalk and ADA compliant driveway approach. f. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. g. Installation of traffic control, stripes and signs. h. Construction of conforms to existing public and private improvements, as necessary. 4. Additional Street Improvements: Should any new utility main lines or other work required to service the development that affects any street improvements, the City may add conditions to the development/project, at the discretion of the City Engineer, to restore pavement or other street improvements to the satisfaction of the City. 5. Occupancy Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 6. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to.a mature height. 7. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of- way line. 8. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 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 companies. 9. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 10. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Winchester Boulevard was overlaid in 2002. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the J:\LandDev\Conditions\Ping\Winchester S 1769.DOC Page 2 of 3 ' Y f 1`i69 S. Winchester Blvd. project. 11. Drainage System: Prior to occupancy clearance, the applicant shall refurbish, remodel, and reconstruct the on-site drainage system, as necessary, to demonstrate that the facilities are functioning normally in accordance with the requirements of the City. 12. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 13. Legal The applicant shall provide documentation to ascertain that the lot has been legally created. J:\LandDev\Conditions\Ping\Winchester S 1769.DOC Page 3 of 3 DEVELOPMENT REVIEW COMMENT SHEET = APPLICATION �fCll\M5i' Distribution: Marcy 27, 2006 Completeness Comments: April 3, 2006 Conditions: April 10, 2006 ROUTE TO: X Building Division X Fire Department X d'Deuel�opment Erig�neer � Police Department X Redevelopment Traffic Engineer PROJECT DESCRIPTION Planned Development Permit application for a fagade enhancement and remodel of an existing commercial building. File No.: PLN2006-00026 APN: 305-21-012 Applicant: Howard Jeng, The Hagman Group Property Owner: Keon & Michele Vossoughi Project Address: 1769 — 1783 S. Winchester Blvd. Zoning: P-D General Plan Designation: Central Commercial PROJECT PLANNER: Melinda M. Denis 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 Comments No Comments Additional information/revisions (see attached) Al �� ---- �-= �♦ ---- -'ems_ _ _ - Mo t I Air !• _ 1769 ui _� j •� - -- -, fit[ � Co 270 ` _ —_ ___ :-�-� � ,.__.v -.�� __�.tea•-c _ _ — __ _ 1$05_ � �ty' 'r"_3�l'7(�'il S._.. . _. . �. __ q �;:.�� -- - - - -��A�'�Ir _-J;;����•'.�.-._>�s�� - - — _— t i i 1 LATIMER AVE i • -..%if ilf.� T I-..�-- —_�.. i i _�a'�,r. ✓I'.r Hcs_ •.`/ _� _ �t� l,. i _-_ '_ r- -1 ��--t,:��r" `� �'• � �'--�_� ��?v �-� �,� ,OJT� I 75 37.5 0 75 Feet V 1" = 60' 1769 Winchester Blvd. Land Development Information sheet Address: 1-T6 9— /4633 W i4&6w alvd. Date: Lot size: , ��3 (SF) D45 If this project is part of a larger development (new subdivision, new to omes) or commercial development, skip A through D. -ode A. Existing building area(SF): B. Proposed addition area(SF): C. Total area w/addition(A+B): D. Percent increase (B/A): (if less than 50%, stop research) Tract or Parcel Map (circle one): , Date recorded: (Tract#or book&page) Any found records of Storm Drain Area fee previously paid? Yes rovide info below) No (Fee initiated for residential subdivisions � 8/15/55; all deve opments 4 5/16/60) K«• 4l �sim tiVdgwkf 0WI" Datepaid N (file#&address or LID#) �� Storm Drain Area fee: X = (area in acres) (fee/acre) Existing Street Improvements: Within STANP? Yes O (circle one) STANP Requirements: curb, gutter, sidewalk rolled curb None Existing improvements present? utter Sidewa { (circle all that apply) Sidewalk dimension (BOW to FOW): 4.6 Park strip dimension(FOW to BOC): KA- Driveway dimension(s): 3�.�, D/W ADA compliant? Yes No Street light info: (on JP, older pole, galvanized pole, distance/location from property) Location of water meter and sewer clean,,{{ouut: `C Street ROW half width (CL to PL): "/ Date that street had been resurfaced: �oz Electrical panel relocation? Yes ®o NA(circle one) Provide details and attach pictures (8.5x11), assessors map (l 1x17) and aerial map (8.5 x 11): J:\LandDev\Research\Info sheet.doc _ �. ►JAI _ W JV WEST VIEW OF KFC DRIVEWAY WEST VIEW OF SIDEWALK TRANSITION r � WEST VIEW SOUTH VIEW KFC� SOUTH VIEW SOUTH VIEW- . 1769-1783 WINCHESTER BLVD INK r,. f SOUTH VIEW EAST VIEW OF DRIVEWAY WEST VIEW SIDEWALK TRANSITION SW VIEW OF DRIVEWAY 1 y N -� SW VIEW SW VIEW i SOUTH VIEW OF DRIVEWAY SOUTH VIEW ----------------------- Ir ..:J r -y NORTH VIEW NORTH VIEW OF DRIVEWAY st NI NORTH VIEW NORTH VIEW 400P IN PACE 400 WU - `�_ z ' /a:; )ACE 776 of NORTH VIEW NORTH VIEW -- -g SOUTH VIEW OF STREET SIGNS 279 37 T.7S.-R 1w. P.M. 766-M-42 26 4 - S.— - — WINCHESTER - ( FMLY S.C.—L.G. RD. ) — — /re 2( ILA /739 /757 /76 /605 1675 1711—15 1735 110.07 6314 131.99 245 40 309.33 1ory• • 6o 1 I w { in: N W 2 o o a `� ` PCL. 1 I 3.490t AC. NET 150 a 1 3.635f AC. GROSS PCL. A ern I If 1.20 AC. NET �NN: ' O N e0 22 0 5 0 6 4 a z N1 —� PCL. A 1.51 AC. 3-.25 AC, NET f 1 iW N ... 307.10 tn o PCL. B $2 I 82 4404n, 8289 18 17 1 16 15 19 I I ad a 18 15 14 11 1 I so' N �I w� �7 00 all /9 I� /B �' °o I tK I I I 302.481 1 1 193-61 131.42 61 I24.58 57.4a m 72.76 300 350 62+43 60 60 6o 1 60 1 6 I I 4 -o---- —---- aso Q/s 396 TRACT N'I810 m TRACT N .o 1805 m _ TR. N . 15; - DUNST E R LAWN DALE SUBD. -- - I UN. N°2 I AMPEX S x CO CL .9 ul LL. U- ui a- 0 Z CD z uj UJ03: w z x CO) uj 0 co ir a. a- CC Ir U- ui n .0 C9 0 c 0 Z z CO) C-)w w LU w w ®m 2 2Q z W 0 z z il z 0 w LL w I:c Cl) >< CO) z w6 z 0 z z z cn co z z W, Mo I iol zi I R H i 1 • • w V- M • r • 0► i a I sit a t l� n .i.✓�`' �.''r`r-^�''''` M L F ji ' CL I o i Li ily i ! t 4, T4't d sl f Fam Cl)Q F- U) x Cie) t WN L Zz - i coo5.. c Z 00 U 0 Q� Z T W �z 0 i2 ZW W E1C W � �Z Z 0 z lx X W [L NMI w 0- 0 J C0 Q CV 19t