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507 E. Campbell Ave. (PM89-1) 'I i CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL. CALIFORNIA 95008 (408) 866-2100 FAX # (408) 379-2572 WIMBERLY ~;N~~L~G-:I-.1 l' HELMS E~l ~N TO_J~ JOCSON' .DISC¡'\,;{Q I ì _. i-~.'-.-_..---..'i. KRÚnÈà . - /{( ===1J ¿~~YE~_~.-_t. -=~~== ] Department: Public Works January 18, 1990 Don Utz Civil Engineering Assoc. 1641 N. First Street, Ste. 280 San Jose, CA 95112 Re: Ainsley Parcel Map 505 E. Campbell Ave. Dear Don: I find some discrepancies between your map and previously recorded maps for some of the distances along Campbell Avenue. 1. Your map calls 320.00 feet from the centerline of Foot to the centerline of Page along Campbell Avenue and an additional 0.07 feet to the monument at Page for a tolal of 320.07 feet from monument to monument. The Record of Survey of Campbell Avenue, 461 M 49 calls 321.07 between the same two monuments. . . 2. Your map calls 160.65 along Campbell from the monument at Foote to the monument at Dillon Ave. but the ROS 461 M 49 calls 166.32 from the monument at Foote to the centerlin~ of Dillon (a shorter distance). It would be helpful to us if you showed the distance you measured along Campbell Avenue between the monuments at Dillon Avenue and Page Street. Our records indicate that these were installed as a part of the construction of Orchard City Drive but there was no map recorded at the time calling for the monuments to be set. You call a recorded distance of 167.35 between the monuments at Page and Gilman but I calculate this distance to be 167.39 from the ROS 461 M 49. Is there someplace where the distance is recorded without the need to calculate the distance from the centerline to the monument at Gilman Avenue? You call a record distance of 360.25 along the property line of the easterly side of Page Street. But no dimension is given for the distance from the property line to the centerline of Campbell Ave. It scales 37.5 feet approximately. The map of the Page Subdivision calls this distance 368.25 feet with an additional 40 feet to the centerline of Campbell Ave. and Tract 122 calls it 373.10 feet with 35 feet to the centerline of Campbell Avenue. CITY OF CAMPBELL You call a 30 foot half street for the westerly half of Foote Avenue but the latest recorded map ( PM 432 M 35 ) calls for a 25 foot half street. Your map scales 27 feet at the northerly end and 26 feet at the southerly end. Attached is a copy of APN page 43 of Book 279 of maps. Our recommended condition of approval of Modification 89-21 which allowed a 20 foot adjustment in the northerly line of PD 89-07 reads as follows: Include parcels 279-43-12 & 13 in the parcel map required under. PD 89-07 showing the northerly 40 feet of APN 279-43-12 merged with parcel 279-43-13 to avoid creating a substandard sized lot. Your map should be revised to include these parcels. The approval of PD 89-07 was conditioned upon reservation of an additional 10 feet along Campbell Avenue to provide for future widening of Campbell Avenue. This reservation should be shown on the map except where the future building is to be located. Another condition of PD 89-07 was the creating of a 20 foot landscaping easement along Campbell Avenue. This too should be shown on the map. The owner's statement should be revised to include the offer of dedication of the streets as well as the two easements mentioned above. An item should be added to the legend indicating 3/4" iron pipes to be set. Pipes should be set at the lot corners and beginning and ends of curves. If you have any questions, please give me a call. Sincerely: James Penoyer Engineering Technician TO: City Clerk PUBLIC WORKS FILE No. Ai é. 47 Please collect & receipt for the following monies: 35-3396 ACCT. ITEM - AMOUNT RECEIPT NO. . ., . $ 3372 3521 3521 3521 3372 Project Revenues (specify project) Public Works Excavation Permit Fees: Application Fee Plan Check Deposit Faithful Performance (Cash) Deposit R-1: ($ 35) Other: ($ 50) ($500) (100% of) (ENGR. EST) (4% of FPB) ($500 min.) (7% of FPB) ($ 35 min.) /7C'77 c26õ ,ðo 3 ~3, v'7.J / 1c 12 Other Cash Deposit (specify) ($200) 3373 3373 Plan Check & Inspection Fee 3373 3373 3373 3380 3373 3373 3520 3372 @g) 3372 3372 3372 3372 3372 3372 ~ 3395 Project Plans & Specifications ($10) General Conditions, Standard Provisions & Details ($10 or $1/page) "No Parking" signs ($1/ea. or $25/100) Work Area Traffic Control Handbook ($5) Traffic Flow Map ($10) Traffic Data Services ($40/hr. + material costs) Map Revisions to Map Companies ($10) Copies of Engineering Maps & Plans ($.50/sq. ft.) Fire Hydrant Maintenance ($195/ea.) Tentative Parcel map Filing Fee ($350) Final Parcel Map Filing Fee ($300) Tentative Tract Map Filing Fee ($400) Final Tract Map Filing Fee ($350) Lot Line Adjustment Fee/Certificate of Compliance ($350) Vacation of Public Streets and Easements ($500) Assessment Segregation or Reapportionment First Split ($500) Each Additional Lot ($150) Environmental Assessment: Categorical Exemption ($500 plus actual cost Negative Declaration above $500) Storm Drainage Area Fee per Acre (R-1, $1,875; Multi-Res., $2,060; all other, $2,250) Park Dedication In-lieu Fee per Unit ($1,132) 3380 3510 Public Works Special Projects Postage TOTAL $ ~ 51,;). t'() PERMITTEE NAME OF APPLICANT ~ A~ ADDRESS ////'11 Lj(J~ déh~;:2d FOR CITY CLERK ONLY 0M PHONE ~4: ZIP tJ~7) (j @. DATE í CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 FAX # (408) 379-2572 Department: Communi ty Development September 28, 1993 Mr. Bruce Bowen Ainsley Development P.O. Box 7583 San Jose, CA 95150 Re: Transformer Screening -- 515 E. Campbell Avenue Please be advised that the Community Development Director has conditionally approved your proposal to screen the existing transformer located along Page Street at Lloyd Square. This approval is subject to the following conditions: 1. That the existing irrigation system be modified to service the new proposed plant materials. 2. Painted stripe of a minimum width of 12 inches. 3. That the proposed word "Stop" have a minimum letter size of four feet. 4. That a standard stop sign be installed per City specifications. A copy of the approved plan is enclosed for your records as well as the stop sign specifications. H you should have any questions, please do not hesitate to contact the undersigned. S/\:~ð Tim J. HaleyJ Associate Planner cc:~;_;'ti]_¡l~t ~r Mark Nadvornik, Building Inspector j":'~. !'~ 6 I ~ ::: 1- . "'= ~ 1 =.; ,.,~ ::: ~..... ¡; ;,-C., , -~ ~~,>i . -, ~ ,~ è ~ . ~ " :,' f-~ ~.'.~, .~.~.¡ '.~ ,~,;~:'.: )j"~: . l ".,! .,: .' " " ",:,--¡J-:,.-, '.,-',";'fj'lI '-" _.:.::~::: ~ ø -. -:-¡ - '- '~:~ i"" .!!f I' .. 1-= \; ~ ,~~:¡; ; e , .~ i-" ..' 'i. , ! .:~-'--:-,: . '. =~~,.~-o '-~, ~1 -,' , c,-, ': " -j - , . . -, - - --' SEP 27 '93 16:08 Vi=1S0Ni=1 HEIGHTS -_. .,.~ .. "0"" ", " ~'~, , I. , , u\ ~- ~ ~, -..- ',. ~,' '~ ,j~', ,~ :'f' ,,: .. ~. 't':' ',W ., ~ ~ , Jç:~. Œ-~'ft , , \ ' , ~ f~: " i{ß ffi~ :æJ5 1>- ST df> ~, ~ii ,. , # , I '. ~ ," . ,~ ~I ß , ,...,,' , .,- ~ . , . -: ' " "'. . , '. r . j ,'œ,. j iJ ~' ~~" - ~'1D ,~, f~ ~ ~~ / - ','~~ -,.-. "....-...----.... .,'. "r ..,..- ...... .,. 'P.2/3 i_if' :~' , ...- ' , I' , , i I. ~ "'-.' ....---- ' SEP 27 '93 16:09 VASONA HEIGHTS Fror.., : GR,EG Ct":,:¡G ";'¡SSOC.¡ATES ," '-.. - ...-- , . I I " I :, .I : '1 .., ' I j ;; ... ,;1i" ' I ! I 1 i I I' ~ , , '" ~. ; I ! . I, ! . 1 'I '~ I l- I ! :1 I . ï ,. , U , '. : I I: ' I I I - ~, I i ..: . ' . ...'" ',', PHONe'No. : 947 712199 P.3/3 Sc;F.2:' 1':393 . -, ~ ""~4~ ..~ -I" ~~. "'1 -,~ -(.,.Ii ; ~ ..tøe ~ ~.. ¥,~"~t\ØZ{' co L:l..-2., -, " lit ~. ~")(+'I ~ r- T. .* g.'~ po. '" f1JZ. (~')~T~"'IN.l ~ ¿:;'~~ep ,~yz.,~f~' ..' ...J ---I ~~ :~n 1'If."'" :fiÏiI' ~"" ,...'IJ, '; ~ t ~.. JJ ~.,~ ~1~ilU4 ~~ ' ~~~ ~""' ,~~~~ .. ' ., :, " , ; I ' ,¡'11; ¡ :1, 'I : ,,!,; I Iii I I ;!I! ,11:1 " 11 { I ¡ , ¡ 'j t \ :: ¡ : II '\' :¡ ï: 'I !! " ' il ; ', ,i " " " I ;¡ ¡; Ii !' I ,; I , !' -. ", . '.' .."," ~ It ~~""'/~ ~,.~~ J , ~-r~ ~ ~.. D }tLL... ~ /1'PI1. "1'b .~." ': , -." .- -.- ..--. --"""""V"'"~ ~~~, ii ~~l ~: ~ \,:.,\'-.(:)" G,RCC C;.. iNG ~ASSOCJA Ttï:j, LAN~AJ'f A~Hn1:CTSf2f'4 15&5 Tfi~.U.AMEDA. SUlT1Il'2I)l ( CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 FAX # (408) 379-2572 Department: Planning March 27, 1992 Bruce Bowen Ainsley Development, Inc. 347 E. Campbell Avenue Campbell, CA 95008 Re: Transformer Relocation -- PD 89-07 -- 515 E. Campbell Avenue Dear Bruce: The Planning Director has reviewed your request for approval to relocate the transformer on the above referenced property, and is not supportive of the relocation of this transformer for the following reasons: 1. The City's Traffic Engineer is not supportive of a transformer in this location in that it encroaches into the 15 foot view corridor triangle required adjacent to this driveway; and The submitted relocation plan does not address aesthetic concerns regarding screening of the transformer. 2. The Planning Director, consequently, has denied your request to relocate the transformer to this location. If you wish to appeal the decision of the Planning Director regarding this matter, please submit a letter within ten days of the receipt of this letter, outlining your reasons for the appeal. If you should have any questions regarding this matter, please do not hesitate to contact the undersigned. , ~ (~~ Tim J. Haley Associate Planner cc: Michelle Quinney, Senior Civil Engineer Gary Kruger, Traffic Engineer MEMORANDUM CITY OF CAMPBELL To: From: Subject: Gary Kruger Traffic Engineer Robert Kass~ Redevelopment Director January 18, 1991 Date: I ~ 1: " ~ " t;:-"¡;illI~_,-' Jf.\N l ti h"~f/ Gilman/Campbell Signal Public W orkaJ Engineering ---------------------------------------------------------- Thanks for the status report on the cost of the Gilman signal. We are quite pleased that actual project costs were well within the approved project budget. Once you have completed your assessment of the need for additional loops, please notify the Finance Department that the project has been completed. They will refund any remaining project balance to the Agency. If development of the Shoe Fair site proceeds per the current project approval, the $7,017.61 developer share should also be paid back to the Agency. I am not sure how to best track this beyond confirming that this should take place, and monitoring the annual project revenue report prepared by the Finance Department. cc: Don Wimberly Stephen Conway Liz Gibbons ~ ( CITY OF CAMPBELL REC~IVíiiD J Ul I) ') lQQO \." '..-v 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Public Works/Engineering Department: CITY CLERK June 29, 1990 Mr. Bruce Bowen Ainsley Development 347 E. Campbell Avenue Campbell, CA 95008 Dear Mr. Bowen: The Campbell City Council at its regular meeting of June 25, 1990, adopted Resolution 7947 authorizing an agreement for street improvements at 507 East Campbell Avenue. A certified copy of the Resolution and agreement are enclosed for your records. Please feel free to contact this office should you have any questions regarding the Council's action. Sincerely, ~,-- ~- }, ' fÄ " I, 'A ;, " I, / .' (J '.'¿: X .J1l tf;d'ÆL rfJd,4 f-./.7:;c..::- Barbara Olsasky i Ci ty Clerk " Ip cc: J. Penoyer - Public Works Dep~. I I ) RESOLUTION NO. 7947 BEING A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT' WITH BRUCE BOWEN TO INSTALL STREET IMPROVEMENTS AT 507 EAST CAMPBELL AVE. BE IT RESOLVED, by the City Council of the City of Campbell, California as follows: 1. The Mayor is hereby authorized to execute an agreement with Bruce Bowen et al to install standard street improvements in Foot, Page, and East Campbell Avenues. PASSED AND ADOPTED this by the following vote: 25th day of June , 1 9 ...2JL AYES: Councilmembers: Kotowski, Watson, Conant, Burr, Ashworth NOES: Councilmembers: None ABSENT: councilmembers: None APPROVED: ß~~ úhn J. Ashworth, Mayor ATTEST: ~ï (,) PATED ~QR!;'!;'!1!;'NI THIS AGREEMENT (identified as No. NC 47) made and entered into this 25th day of June , 19.2JL, by and between GEORGENE LLOYD BOWEN, DAVID E. BOWEN, GWEN BOWEN CRADER, BRUCE DAVID BOWEN, B.W.D. VENTURES, a California Limited Partership, DAVID E. BOWEN and GEORGENE LLOYED BOWEN, TRUSTEES OF BOWEN FAMILY LIVING TRUST dated June 1, 1989, hereinafter referred to as "Owner," and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City." WHEREAS, on February 14, 1990 City granted conditional approval of PM 90-01 to combine the existing lots described in Exhibit A attached and by reference incorporated herein as though fully set forth and commonly known as 505-515 East Campbell Avenue, which property is hereinafter referred to as "said real property"; WHEREAS, compliance with the terms and conditions of this agreement are conditions to the approval of said PM 90-01; NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED APPROVAL, and satisfaction of the conditions to that approval, (1) Owner shall provide, construct and/or install at his own proper cost and expense, public street improvements as described in section 11.24.040 of the City Code within 12 months from the date first mentioned hereinabove; provided, however, that in the computation of said 12 months period, delays due to, or caused by acts of God, viz., unusally inclement weather, major strikes, and other delay beyond the control of Owner or his successors shall be excluded. (2) It is expressly understood and agreed to that if Owner shall fail to complete the work required by this Agreement within the said 12 month period, the City, after giving ten (10) days' written notice thereof to Owner, or his successors, may construct and/or install said improvements and recover the full cost and expense thereof from owner, or his successors. (3) Owner, or his successors, shall cause to be prepared at his cost and expense improvement plans for the construc- tion and/or installation of said improvements prior to such construction or installation. Said plans shall be prepared by a civil engineer registered by the State of California and submitted to the City Engineer for examination and approval. All of said improvements shall be constructed and/or installed in accordance with those plans approved by the city Engineer and shall be made under the supervision and inspection and to the satisfaction of the City Engineer. Said construction and/or installation shall be in accordance with the existing ordinances and resolutions of the City of Campbell and to all plans, specifications, standards, sizes, lines and grades approved by the City Engineer, and all State and County statutes applicable thereto. Upon completion and acceptance of the improvements by City, Owner, or his successors, shall provide reproducible as-built plans to the City Engineer. (4) The construction work of the improvements embraced by this agreement shall be done in accordance with the specifica- tions of the City of Campbell and Sanitation District No.4 of Santa Clara County, where indicated. (5) Prior to approval of the plans by the City Engineer pursuant to Section (3) of this Agreement, Owner, or his successors, shall pay to the City for examination of improvement plans, field inspection of construction of improvements and all necessary expenses incurred by City in connection with said improvements, a sum in the amount of seven percent (7%) of the estimated cost of the improvements at the time of construction. (6) Owner, or his successors, shall file with City, upon execution of this Agreement, surety acceptable to the City in the amount of ONE HUNDRED FIFTY-EIGHT THOUSAND TWO HUNDRED DOLLARS ($158,200.00) to insure full and faithful performance of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distribution system. Said surety shall guarantee that Owner, and his successors, will correct any defects which may appear in said improvement work within one (1) year from the date of acceptance of the work by City and pay for any damage to other work resulting from the construction thereof, as well as pay the cost of all labor and materials involved. This surety shall remain in effect until one (1) year after date of final acceptance of said improvements by City. Said surety amount may be reduced by the City Engineer after the date of final acceptance to not less than twenty-five (25) percent of its full value. (7) Upon final release of said surety by City, the obligations of Owner, and his successors, contained in this Agreement shall be considered null and void. (8) When called upon by City to do so, Owner, or his successors, will execute a petition for the formation of any special assessment district created pursuant to any special assessment act as provided in the Streets and Highways Code of 2 the State of California created for the purpose of constructing and/or installing any or all of said improvements. (9) Owner, or his successors, shall participate in and become a part of any special assessment district as described in paragraph (8) of this Agreement. It is expressly understood that any obligations of Owner, or his successors, contained in this Agreement that are accomplished to the satisfaction of said City Engineer by said special assessment district shall be considered null and void. (10) Owner, or his successors, shall make such deposits or file such bonds and enter into such agreement as required by Sanitation District No.4 of Santa Clara County to insure the installation of a sanitary sewage system to serve said real property, and Owner, or his successors, shall file with City, upon execution of this Agreement, a letter from said Sanitation District No.4 stating that Owner, or his successors, have made such deposits or filed such bonds and entered into such agreements. (11) Owner, or his his successors, shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground wiring circuit to all electroliers within said real property when Owner, or his successors, is notified by either the City Engineer or the Pacific Gas and Electric Company that said fees are due and payable. Owner's, and his successors', obligations under this section shall not be relieved by delay or the passage of time, but shall remain binding indefinitely and forever. (12) Owner, or his successors, shall make such deposits or file such bonds and enter into such agreement as required by San Jose Vater Company when called upon to do so to insure the installation of a water distribution system to serve said real property, including fire hydrant. Owner's, and his successors', obligations under this section shall not be relieved by delay or the passage of time, but shall bind Owner and successors indefinitely and forever. (13) Any easement and right of way within or without said real property necessary for the completion of the improvements shown upon aforesaid improvement plans shall be acquired by Owner, or his successors, at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required for the purpose of securing said easement and right of way, Owner, or his successors, shall deposit or cause to be deposited with City a sum covering the reasonable market value of the land proposed to be taken and to be included in 3 said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto such sums as may be required for legal fees and costs, engineering and other incidental costs shall be deposited with the City. (14) Owner, or his successors, shall carry out any and all negotiations with all interested parties and shall perform or cause to be performed at his own cost and expense and to the satisfaction of the City Engineer any and all work required to abandon, remove, raise, lower, relocate and otherwise modify irrigation line or lines within the boundary of said real property. (15) To the fullest extent permitted by law, Owner, and his successors, shall indemnify, defend and hold the City of Campbell, and its agents, employees, attorneys, officers, officials and assignees harmless from any and all claims, damages, losses and expenses, including, but not limited to, attorneys' fees, arising out of, or resulting from any negligent or intentional act or omission (including misconduct) of said Owner, or his successors, or any subcontractor, or anyone directly or indirectly employed by him, or anyone for whose acts any of them may be liable in the course of performance of the Agreement. The Owner, and his successors, shall also indemnify, defend and hold the City of Campbell, and its agents, attorneys, employees, officers, officials, and assignees harmless against and from any and all claims, demands, liabilities, losses, lawsuits, judgments, damages, costs and expenses (including, but not limited to, attorneys' fees and court costs, whether incurred at trial, appellate or administrative levels) which the City of Campbell may incur or suffer, or to which the City of Campbell may be subjected resulting from the failure of Owner, or his successors, or his agents, employees, subcontractors, or anyone performing services under him, ta fulfill any of the obligations imposed under this Agreement. (16) It is acknowledged that the provisions of this Agreement constitute covenants for the improvement of the subject real property for the mutual benefit of Owner's property, commonly known as 505-515 East Campbell Avenue, and the City's property, commonly described as East Campbell Avenue where it adjoins Owner's property. These covenants shall be considered to affect rights in the above-described real properties, and shall be binding on the heirs, assigns, successors, and grantees of Owner to said real property. (17) Nothing contained herein shall be construed to transfer any unvested interests in real or personal property far purposes of the rule against perpetuities. (18) In the event that Owner, or his successors, should breach any of the terms, conditions, or covenants of this Agreement, the City shall be entitled to recover, in addition to any other relief available in law or equity, all costs incurred in attempting to obtain enforcement of the Agreement, or compensation for such breach. These costs shall include reasonable attorneys' fees and court costs. (19) This is the entire Agreement between the parties, and there are no representations, agreements, arrangements or understandings that are not fully expressed herein. (20) This Agreement can be executed in counterparts by the parties hereto, and as so executed shall consist of one agreement, binding on all the parties. IN WITNESS WHEREOF, said City has caused its name to be affixed by its Mayor and City Clerk, who are duly authorized by resolution of the City Council, and said Owner has caused his name to be affixed the day and year first above written. APPROVED AS TO FORM: CITY OF 1/)/~"'/./ /~ // //!' j' ',' .' "'~""---..---" / ! .<;; /'~- /'.4":'",(/""""""'- i" /-/--::"'-,"". William R.- Seligmann, City Attorney CAMPBELL , ,r- :3 B.W. . ~~clg~ eorgene L oyd Bowen OWNER' ~ ~ ~~, "\ (~"'v Gwen Bowen Crader ~ EXHIBIT "A" All that certain real property situate in the City of Campbell, County of Santa Clara State of California, described as follows: PARCEL ONE: All of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 in Block 1 as shown upon that certain Map entitled "Map of the C.R. & C.W. Pages Subdivision of part of the former tract in the SE 1/4 of SW 1/4 & the SW 1/4 of SE 1/4 of Section 26, T. 7 S. R. 1 W., M. D. M., Town of Campbell", which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on April 15, 1907 in Book E-2 of Maps, at page 41; EXCEPT THEREFROM the interest conveyed to the City of Campbell, by Deed recorded January 26, 1961 in Book 5054 of Santa Clara County Official Records at page 530 et seq.. u",ÐIT IS ~ ~ THE FO~EGOING INSTfI -THE ORIGINÞ-L flECT copy OF AND COR HIS OFFICE, a/" -, ON FILE IN -ER / BARÌ' otSASKY, c\ ' / ATTEST:.J. E.ELL.'. UFO. RNI ' (/'¿'- CITY F NIP ~ //' / 1. '¿lÞ; ¿ t; '. ¡, ..f"-:.. BY -; - 7, - 9' ù - DATtro - -' 6 - ---....J AVE. ./ '--- '1/ \ \ f'û.JIj -< ~, '<> Co '" ... r. ~ ... '" .. þ .. I ::lgJ¡ 9607 r ] SITE.. :I: I- ::> ~ .. " ~ ;¡.'! t t ~ ~f L ~QL- I ' /- ---------------- - l~f'JI1Q1IJP ..l I ¡;/ 896/ ;( V 10 (I) ~ CD I f- ..... I ~I RESOLUTION NO. 7947 BEING A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BRUCE BOWEN TO INSTALL STREET IMPROVEMENTS AT 507 EAST CAMPBELL AVE. BE IT RESOLVED, by the City Council of the City of Campbell, California as follows: 1. The Mayor is hereby authorized to execute an agreement with Bruce Bowen et al to install standard street improvements in Foot, Page, and East Campbell Avenues. PASSED AND ADOPTED this 25th by the following vote: day of June , 19~, AYES: Councilmembers: Kotowski, Watson, Conant, Burr, Ashworth NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: /~~ úhn J. Ashworth, Mayor ATTEST: TH':' :-,:;,.r~:' 'q r'. ',.' " 0', ,,. i'~.," C',';,~" 'f1Í~r., '. ',' " " ,.nlba.~J¿.I L~'\? ~ ! .{.~un.v~~{ ~ æ- Q 0 ..~ .. PH¡ [0 .=,._.,Jt.,~~.~....._"=-,. CITY OF CAMPBELL - COUNCIL REPORT . \i/J¡ - Meeting Date: June 21, 1990 Item # Category: CONSENT CALENDAR Initiating Dept: Public Works Title: Resolution - authorizing execution of an agreement with Bruce Bowen to install street improvements at 507 East Campbell Ave. RECOMMENDATION: That the City Council adopt a resolution authorizing the Mayor to excute an agreement with Bruce Bowen to install street improvements at 507 East Campbell Ave. DISCUSSION: On February 14, 1990 the City approved a preliminary parcel map to combine the existing lots into one commercial lot at 507 East Campbell Avenue. The enclosed agreeement obligates the developer to install street improvements in Page, Campbell, and Foot Avenues as required in the conditions of approval of the parcel map. COSTS: -0- Approved by Department Head Approved by City Manager J ----- -- "'/ \ \ t' ¡),JIf J I AVE. ~. "- ... I ~ "...61 ( "'40 ~ 960' a SITE. I % to- ;:) £ .. 0 6: ~!' f ~ ~ ~t ell r I I I~ L- - eo' I' t- , 1~f:qlQItI I owl R 9 Ii i' RECORDING REQUESTED BY AND, WHEN RECORDED, RETURN TO: BERLINER, COHEN & BIAGINI 10 Almaden Blvd., 11th Floor San Jose, CA 95113 Attn: Mary Beth Long, Esq. AGREEMENT This Agreement is entered into this - day of , 1990, ("Effective Date") by and between The Bowen Family Living Trust created under Trust Agreement dated June 1, 1989, Gwen Crader and Bruce Bowen (collectively "Owner"), and the City of Campbell, a California Municipal corporation, or its designee ("City"). RECITALS A. Owner is the owner of that certain unimproved real property located at 32 and 42 Foote Avenue, 31 and 39 Page Street and 507 and 515 East Campbell Avenue, Campbell, California, which real property is more particularly described in Exhibit "A" attached hereto (collectively, the "Property"). B. Owner desires to improve the Property with a retail center (the "Project"). In connection with the construction of the Project the City must approve the plans, elevations and development schedules and issue a planned development permit for the Project (the "Permit"). C. As a condition to approval and issuance of the Permits, the City requires that Owner reserve a portion of the Property located on East Campbell Avenue, Campbell, CA and more particu- larly described on Exhibit "B" for purposes of a future right of way to widen East Campbell Avenue for installation of the light rail system ( "Right of Way"), upon the terms and conditions hereinafter set forth. NOW, THEREFORE, the parties hereby agree as follows: 1. Agreement. Owner hereby grants to City the right to purchase the Right of Way upon the terms and conditions set forth herein (the "Purchase Right"). In consideration thereof, the city approves the Project and agrees to issue the Permit for the construction of the Project, subject to all other conditions of approval as provided in the City of Campbell Ordinance No. 1769. 2. Term. The term of the Purchase Right shall be for a period commencing on the Effective Date and ending on the date which is five (5) years thereafter ("Termination Date"). In the \219\03978001.P50 06-052203978-004:km -1- event the Termination Date falls on a Saturday, Sunday or legal holiday, then such Termination Date shall be extended to the next following business date. 3. Exercise of Purchase Riqht. city shall exercise the Purchase Right, if at all, by written notice of exercise delivered to Owner and recorded in the Official Records of Santa Clara County on or before midnight on the Termination Date; City's failure to timely notify Owner and record notice of exercise shall be deemed city's waiver of its rights hereunder. The date upon which the Purchase Right is exercised shall be referred to herein as the "Date of Exercise. II 4. Purchase Price. The purchase price for the Right of Way shall be the fair market value of the Right of Way at the Date of Exercise (the "Purchase price") , which fair market value shall be determined pursuant to Paragraph 4.1 below. The Purchase Price shall be paid by City to Owner in cash or certified funds upon Close of Escrow (defined below). 4.1 Determination of Fair Market Value. The fair market value of the Right of Way shall be determined as follows: a. Mutual Aqreement. Owner and City shall have a period of thirty (30) days following the Date of Exercise in which to agree on the fair market value of the Right of Way. If Owner and City agree on the fair market value of the Right of Way during such period, then such agreed fair market value shall be the Purchase Price. If Owner and City are unable to so agree on the fair market value of the Right of Way within said thirty (30) days, then the provisions of Section 4.1b below shall apply. b. Appraisal. within five (5) days after the expiration of the thirty (30) day period described in section 4.1a above, the City at its cost and by giving notice to the other party, shall appoint, an M.A.I. real estate appraiser with at least five (5) years full-time commercial appraisal experience in Santa Clara County, California, to appraise and set the fair market value of the Right of Way. If Owner rejects the appraiser's determination of fair market value of the Right of Way, fair market value shall be determined by way of eminent domain proceedings in accordance with the Code of civil Procedure. In any event, the fair market value of the Right of Way, as defined in Title 7 Chapter 9 Article 4 of the Code of civil Procedure, shall be established by the appraiser or appraisers by determining, as of the Date of Exercise, the value of the Right of Way taking into consideration the then current use or allowable uses of the Property, but in any event without regard to this Agreement. 5. Structures. Owner shall not construct any permanent structures on the Right of Way prior to the Termination Date. \219\03978001.P50 06-052203978-004:km -2- 6. Exercise of Purchase Riqht. Upon City's exercise of the Purchase Right, Owner shall convey the Right of Way to City in its "As-Is" condition (i.e., the condition existing as of Close of Escrow), except as otherwise agreed by the parties, by standard form grant deed without any representations or warranties as to any matters affecting the physical condition, title to the Right of Way, or otherwise, and concurrently therewith City shall pay the Purchase Price to Owner in cash or certified funds. For purposes of this Agreement, the term "Close of Escrow" shall mean the date Owner's grant deed conveying fee title to the Right of Way is recorded in the Official Records of Santa Clara County. 7. Attornev' s Fees. In the event any party hereto shall commence an action against the other party relating to this Agreement, except as to determining fair market value under the Code of civil Procedure in accordance to paragraph 4.1b hereof, the prevailing party in such action shall be entitled to recover from the other all reasonable costs and expenses incurred by the prevailing party in such action, including without limitation, actual attorney's fees. 8. Successors and Assiqns. This Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors and assigns; provided, however, City shall have no right to assign its right to purchase the Right of Way hereunder. 9. Further Documents. Each party will, whenever and as often as it shall be reasonably requested by the other party, execute, acknowledge and deliver or cause to be executed, acknowl- edged and delivered such further instruments and documents as may be necessary in order to carry out the intent and purpose of this Agreement. 10. Notices. All notices or other communications made pursuant hereto shall be in writing, and shall be given (a) personal delivery, (b) overnight courier services, or (c) by U.S. mail, one copy sent certified or registered mail and one copy sent regular mail, postage prepaid and in any case to the parties at the following addresses: Owner: The Bowen Family Living Trust c/o Ainsley Development, Inc. 347 E. Campbell Avenue Campbell, CA 95008 Attn: Mr. Bruce Bowen \219\03978001.P50 06-052203978-004:km -3- Copy to: Berliner, Cohen & Biagini Ten Almaden Blvd. Eleventh Floor San Jose, CA 95113 Attn: Mary Beth Long, Esq. City: city of Campbell 70 N. First Street, City Hall campbell, CA 95008 Attn: Except as otherwise set forth in this Agreement, all notices so mailed shall be deemed delivered, given or served upon (i) the date of actual delivery and the event such notices personally delivered, (ii) the date following the date such notices sent by overnight courier service, or (iii) the date forty eight (48) hours following the date of posting the u.S. mail and sent by certified or registered mail and regular mail. Either party may change its address for the purpose of this section by giving written notice of such change to the other party in the same manner provided in this section. 11. Entire Aqreement. This Agreement supercedes any prior agreement, oral or written, and contains the entire Agreement between the parties hereto as to the subject matter hereof. 12. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 13. Time. Time is of the essence of this Agreement. \219\03978001.P50 06-052203978-004:km -4- 13. Governinq Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California. IN WITNESS whereof, the parties hereto have executed this Agreement as of the date first set forth above. Owner: THE BOWEN FAMILY LIVING TRUST created under Trust Agreement dated June 1, 1989 Bylj~~~ D d E. Bowen, Trustee B~~~.:n,-4:~ ~ CITY: CITY OF CAMPBELL, a California Municipal corporation By Its State of (AhfY N,'A- } 55, County of ~~ cL~ On this the ~ day of M- Cl-v\ \ -____.le3..~L~ -8S ~ NLCL- ~~\ ,g"l{)befolE'. mE'., ~. ~ ~ I subscribed to the '!r~J executed 11 the undersigned Notary Public, personally appeared > c: ~ ID -0. ,~ E ~i8 ~~,g~ -...:: t.. c ~ID E t.. m :J ID ,~ 1 personally known to me .-. proved to me on the basis of satisfactory evidence I ¡fcl¡"":;.. 11 ¡ 1I11IC~;~~I1!";:~~1~REZ t bathe person(~ whose name~ \ S ~r"':.51~~: NOTARY PUBLIC-CALlrORNI~ ¡thin Instrument, and acknowledged that W- I~"~ M. INC.IPA. L OFf ICE IN IT¡NESS my hand and official seal. ," SANTA CLARA COUNTY' Clliv . My CommIssion Expires Aug. 17, 1 . 'lllmmlllUUllll No ry' Signature ~~~ r;r"'f~'L ^':~"OWLEOG"'E"'T FORM 7"0052 r---- e j-r 11 tj if e 1\ 1\11 1)1 It ELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 FAX # (408) 379-2572 Public Works Department: TRANSMITTAL FROM THE OFFICE OF THE CITY ENGINEER ~'-lCDí -r.-iL: Co. Date: Mo.v ;2.4 100qO I ' To: ) I b W~sUC\Y ¡tHo 3f- t ~t)..l\ Jose. CA Cf~-IID I' Reference ~t)1Ý F \'ltd \l" V I / A I'(\~ \<¡ rCtr~e. L ~18',,(-/ fl\Lc.) t-1~f Attention: SUBJECT: We are forwarding via: mail messenger---- separate cover---- enclosed L-- attached other The following: o~/{ Remarks, ýJ ~ ~ ~ ~ e--J~ Uf-ri- í~ ~ 1j~ /LJ /~ ~ ,\L U. \ ---J~ I ') . Þ - ßQJ------ f¡<)i)RfIL£ CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Planning February 14, 1990 Department: Ainsley Development Company 347 East Campbell Avenue Campbell, CA 95008 Re: PM 90-01 - 505-515 East Campbell Avenue The Planning Director and the Public Works Director have approved the referenced Tentative Parcel Map based upon the mandatory finding that this Tentative Parcel Map, together with the provisions for its design and improvement, is consistent with the General Plan of the City of Campbell. The final map shall be filed with the City Engineer for examination, approval and recordation in accordance with the provisions of the Subdivision Map Act. This approval is subject to the following conditions: 1. Process and file a Parcel Map combining the lots. 2. Dedicate additional land to widen Foote Avenue to 30 feet from centerline, Page Avenue 30 feet from centerline. and Campbell Avenue to 50 feet from centerline. 3. Reserve additional land for future dedication to widen Campbell Avenue to 120 foot right-of-way. 4. Dedicate a 20 foot landscape easement along the Campbell Avenue frontage. 5. Pay storm drain area fee of $3,263. APPROVED BY THE PLANNING DIRECTOR °I4' 1990 . '- Q~.L Steve Piasecki, Planning Director APPROVED BY THE CITY ENGINEER ON FEBRUARY 14. 1990 ~f£J~~ Donald C. Wimberly. Director of ublic Works s. Bill Helms Engineering Manager, CITY OF CAMPBELL MEMORANDUM To: ~p% Jr . ;-l--9--, 1 9 9 0 Date: From: Jim Penoyer Engineering Technician ! ' Subject: Ainsley Parcel Map 505-515 E. Caulpb.e,l1 Ave. ---------------------------------------------------------- This map is presented for Don's signature. It has been ~eviewed by reference to the following: TR C.R.& C.W. Page Subdivision TR 227 TR 335M 11 ROS 153 M 27 ROS 461 M 48 PM 3971116 Orchard City Drive St. Imp Plans Proj. 75-1 Preliminary Title Report dated 1-12-90 APN 279-43,44,46 & 412-9 Engineer's calculation sheets The original will be on the light table when Don is ready to sign it. . ~-/ / "C<.o:' )~~d- ~ ~ L",,-- ,/béV¡ .~/L J e/7~ ~ Lu---L l )¿J¿ ol/~1jif LA.) L:t-~ ~~ ~{ ~O ð'<- ¿Y~ð ~ ~ ..~ , ~ - /t:L ~~ CITY OF CAMPBELL MEMORANDUM To: Bill Helms Engineering Manager April 9, 1990 Date: From: Jim Penoyer Engineering Technician Subject: Ainsley Parcel Map 505-515 E. Campb~~l Ave. ---------------------------------------------------------- This map is presented for Don's signature. It has been ~eviewed by reference to the following: TR C.R.& G.W. Page Subdivision TR 227 TR 335M 11 ROS 153 M 27 ROS 461 M 48 PM 397 M 16 Orchard City Drive St. Imp Plans Proj. 75-1 Preliminary Title Report dated 1-12-90 APN 279-43,44,46 & 412-9 Engineer's calculation sheets The original will be on the light table when Don is ready to sign it. /) W' , « " i (fj) TICOR TITLE INSURANCE PRELIMINARY REPORT 110 West Taylor Street San Jose, CA 95110 (408) 292-4212 FeDruary 15, 1989 Your Ref: , CA Ainsley Develo~ment 2195 Ha~ilton Avenue San Jose, Cii Attn: Dwayne Our No: Your ~o: 0572096 0000 In response to the above referenced application for a Policy of Title Insurance, TICOR TITLE INSURANCE COMPA~Y OF CALIFORNIA hereby reports that it is prepared to issue, or cause to be issue~, as of the date hereof, a Policy or Policies of Title Insura~ce describinQ the land and the est~te or inte=est therein hereinafter set forth, insurino 8Qainst loss which may be sustained by reason of any defect, lien or encumbra~ce not shown or referred to as an Exception below or not excluded from covera~e pursuant to tte printed Schedules, Conditions and Stipulations of said Policy forms. The pri~ted Exceptions and Exclusions from the coveraQe of said Folicy or Policies are set forth on the attached cover. Copies of the Policy forms should be read. ~hey are available from the office which issued this report. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitatinç the issuance of a Policy of Iitle Insurance and no liability is assureed hereby. If it is desired that liability be assumed prior to the issuance of a Policy of ~itle Insurance, a Binde~ or Commitment should be requested. ~ated as of February 6, 1989 Laura Miller Alana S. HiQQins at 7:30 a.m. Title Officer Escrow Officer The estate or interest in the land hereinafter described or referred to covered by this Report is a fee. Ticor Title Insurance Company of California @ TICOR TITLE INSURANCE APPLICATION NUMBER: 0572096 0000 :itle to said estate or interest at the date hertof is vested in: Geor~ene Lloyd Bowen, A ftarried Woman, As her separate property, an undivided four thousand, ei~ht hundred ninety-tvo/ten-thousandths (4,892/10,000> fractional interest; David E. 30wen, A ~arried ~an, as his separate property, an undivided four hundred ei~hty-two/ten thousandths (482/10,000) fractional interest; Gwen Bowen Crader, ^ Sin~le wo~an an undivided one thousand five hundred fvrty-two/ten-thousanåths (1,542/10,000> fractional interest; Gayle Bowen Nolasco, A Har~ie~ Woman, as her separate property, an undivided one thousand five hundred forty-two/ten-thousandths (1,542/10,000> fractional interest; bruce David Bowen, A Sin~le ran, an undivided one thousand five hundred forty-two/ten-thousandths (1,542/10,000) fractional interest -2- Ticor Title Insurance Company of California @ TICOR TITLE INSURANCE APPLICATIOS SUMBER: 0572096 0000 At the iate hereof exceptions to coveraGe in addition to the printed ~xcePtions and Exclusions conta~ned in said Policy form would be as follows: 1 . A. TAXES FOR TH~ FISCAL YEAR 1989-90, A LIEN NOT YET PAYABLE. B. G~NEhAL ASD SPECIAL T~XES AND ASSESS~ENTS, IF ANY, FOP THE FISC~L YEAR 1988-1989: Assessment No. : 279-~3-006 Co1e ~o. : 10-090 First installment: $578.38 Second install~ent : $578.38 Assessed valuation of pe~sonal pLo~erty : ~one Paid Due anè Payable SAID ~ATTER AFFECTS: Portion of Parcel One c. GENE~AL AND SPECIAL TAXES ANL ASSESS~ENTS, IF ANY, FOR THE fISCAL YEAR 1988-1989: Assessment No. Code :\0. First installment Second installment Assessed valuation pe~sonal property : 279-43-007 : 10-090 : $884.98 : $884.98 of : :¡on~ Paid Due and Payable SAID ~ATTER AFFECTS: Portion of Parcel One D. GENERAL AND SPECIAL TAXES AND ASSESSHENTS, IF ANï, FOR THE FISCAL YEAR 1988-1989: Assessment No. Code No. First installment Second installment Assessed valuation personal property : 279-43-008 : 10-030 : $1,321.1.52 : $1,324.52 of : Non e Paid Due and Payable SAID ~ATTER AFFECTS: Portion of Parcel One E. GENERAL ASD SPECIAL TAXES AND ASSESSMENTS, IF ANY, FOB THE FISCAL YEAR 1988-1989: Assessment No. Ticor Title Insurance Company of California : 279-43-009 -3- @ TICOR TITLE INSURANCE APPLICATION NUMBER: 0572096 0000 Code ~o. Fi~st installment Second installment Assessed valuation personal property : 10-090 : $2,898.48 : $2,898.48 of : None Paid Due and Fayable SAID ~ATTEB AFFECTS: Portion of Parcel One F. GENERA1 AND SPBCIAl TAXES AND ASSESSMENTS, IF ANY, FOR THE FISCAL YEAR 1988-1989: Assessment No. : 279-43-010 Code No. : 10-090 Fi~st install~ent : $496.50 (Including Public Improvement Second installment: $496.50 (Including Public Improvement Assessed valuation of personal property: Sone Paid of $158.40) (PI 645) Due and Payable of $156.40) (PI 845) SAID ~ATTER AFFECTS: Portion of Parcel One G. GENERAL A~D SPECIAL TAXES AND ASSESSMENTS, IF ANY, FOR THE FISCAL YEAR 1988-1989: Assessroent No. Cod e No. Fi~st installment Second installment Assessed valuation personal property : 279-43-011 : 10-090 : $782.15 : $782.15 of : Non e Paid Due and Fayable SAID ~ATTER AFFECTS: Portion of Parcel T.o H. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencin9 with Section 75) of the Rever ue and Taxation Code of the State of California. 2. riçhts of parties in possession of said land by reason of unrecorded leases, if any, kindly forward said leases for our examination. -4- Ticor Title Insurance Company of California @ TICOR TITle INSURANce hPPLICATION NUMBER: 0572096 0000 NOTES: NOTE 1 : TITLE OF THE VESTEE HEREIN was acQuired by deed recorded prior to six months froM the date hereof. ~OTE 2 : Effective March 1, 1979, there will be an additional $10.00 fee for recordin~ a Deed with a Legal ~escription other than an entire lot in a recorded final map. If there are any Questions, please call your Escrow Officer or Title Office~. NOTE 3: Senate Bill 1550 (Chapter 1004, Statutes of 1984) is effectiv~ January 1, 1985. This law mandates all funds be collected and available for withdrawal prior to disbursement. Delays in closing will occur if fundinq is by other than bank wire, cashiers check or similar items drawn on a California Bank. Drafts and checks drawn on out-of-state financial institutions may reQuire separate collection or a minimum statutory period for bank clearinghouse processing in lieu of notice that a particular item has been paid. NOTE 4: On or after July 1, 1985, the County Recorder's Office will charge, in addition to the regular recording charges, an extra $20.00 recording fee, unless a docu.ent evidencing a change of ownership is acco~panied by ~ Preliminary Change of Ownership report. In lieu of said report, signed by the transferee, the recorder will accept an affidavit that the transferee is not a resident of California. Title billings will be adjusted to reflect such additional fees when applicable. LM/Raj Lid-Oty -5- Ticor Title Insurance Company of California I1fJ TICOR TITLE INSURANCE APPLICATION NUMBER: 0572096 0000 SCHEDULE C The land referred to herein is described as follows: All that certain real property in the City of Campbell, County of Santa Clara, State of California, described as follows: PARCEL ONE: All of Lots 1,2,3,4,5,6,7,8,14,15 and 16, in Block 1, as shown upon that certain Map entitled, "Map of the C.R. t G.W. Paoes Subdivision of part of the former tract in the SE 1/4 of SW 1/4 £ the SW 1/4 of SE 1/4 of Section 26, T. 7 S. R. 1 W., ~. D. M., Town of Campbell", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on April 15, 1907 in Book £-2 of Maps, at Paç¡e 41. Except therefrom the interest conveyed to the City of Campbell, ty Deed Recorded January 26, 1961 in Book 5054 Page 530 Official Records, described as follows: Beginning at the Southeast corner of that certain Parcel of Land desiqnated as Lot 7 in 3lock 1, as shown upon the "Map of C. R. and C. W. Paoe's Subdivision", which said ~ap is of record in the Office of the Rec~rder of the County of Santa Clara, State of California, in Book F-2, of ~aps, Page 41; thence Westerly alono the Southerly line of Lot 7 and proceeding alono the Southerly line of Lots 6 and 5, of said Map of "Page's Subdivision", to the Southwest corner of Lot 5' th~nce Northerly alono the Westerly line of Lot 5, to the point of intersection with a line 10 feet Northerly of, and parallel with said Southerly line of Lots 5,6, and 7; thence Easterly alono s~id parallel line to the point of curvature of a curve to the left and tançent to the last described course, havino a radius of 20.00 feet and a central angle of 90 deg 02'; thence proceedinç alono said arc a distance of 31.44 feet, to the point of tanoency with a line 5 feet Westerly of and parallel with, the Easterly line of said Lot 7; thence Northerly alono said parallel line of the point of intersection with the Southerly line of Lot 14 of said "Map of Page's Subdivision" and continuino Northerly alon9 the prolonoatlon of the last mentioned course to the Northerly line of Lot 15; thence Easterly alono said Northerly line of Lot 15 to the Northeast corner of said Lot 15; thence Southerly alon9 the Easterly line of said Lot 15, and also alono the line of Lots 14 and 7 of "Map of Paoe's Subdivision", to the point of beoinnino. -6- Ticor Title Insurance Company of California @ TICOR TITLE INSURANCE APPLICATION NUMBER: 0572096 0000 fAaCEL TWO: Beqinninq at a point on the Easterly line of Foote Avenue ~here the same is int~rsected by the dividinq line between Lots 8 and 9 in Block 1 as shown upon the Map of Paqe's Subdivision hereinafter referred to, runninç thence Northerly along said Easterly line of Foote Avenue 60 feet; thence Easterly and parallel ~ith the dividinç line between said Lots 8 and 9 in Block 1, 140 feet; thence Southerly and parallel with said Easterly line of Foote Avenue 60 feet; thence Westerly and along said dividinç line between said Lots 8 and 9, Block 1, 140 feet to the Easterly line of Foote Avenue and point of beqinninu, and being all of Lot 9 and the Southerly 1/2 of Lot 10 in Block No.1 as shown upon ~ap entitled, "~ap of C. R. and G. W. Page's Subdivision of part of the former Foote Tract in the S.E. 1/4 of S.W. 1/4 and S.W. 1/4 of S.E. 1/~ of Sec. 26, T. 7 S.R. 1 ~., Mt. D.M, and in the Town of Campbell, Santa Clara, Co. Calif.", and which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on April 15, 1907 in Book "F.2" of ~aps, Page 41, Records of said County. -7- Ticor Title Insurance Company of California ",~ / THOMAS ACOi l i _._L..t--..", if -_..----~ If,O,S, 46//47 THRII $4 ."".' ~ ~-""~ L "",.",-~""",,~,--~,., ,. O"ICI 0' COUNTY AIIISIOII - IANTA CLA"A COUNTY, CALif 0".1 A e ..' HAWTHORNE . AVENUE -- @ e .""'::: ~~-~.-, '-7'" - - --- .-, IIml UÐ I !'hIS Is not a SUIW'lI' tI1e land Þut Is compl18~ !or informatIon fro data shown by the official rllConSa by Tlco,11 ",suranee Company. co -'CT1-: .- '" 100' , "'-.' .' . , . .' IJ TICOR TITlF-~~NSURANCE - . . . ---- Printed Policy Exceptions and Exclusions AL TA RESIDENTIAL POLICY (6-1-87) (al Any. rights, In~erests or claims of parties in possessIon of the land not shown by the public records. (b) -Any easem~s or liens not shown by the public records. This does not limit the lien coverage in Item 8 of the Covered Title Risks. Ie) Any facts ~~out the land which a correct survey would disclose and which are not shown by the public records. ThIs does{'~t limit the forced removal coverage in Item 12 of Covered Title Risks. (dl Any water rights, claims or title to water on or under the land. The Exclusions and the &ceptlons of the AL T A ResidentIal Policy Form recIte that you are not Insured against loss. costs. attorneys' fees, and expenses resultIng from: Exclusions 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 . Improvements on the land . land dIvIsion . 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. 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 Standard Exceptions ,~#'".,;,.~..~ ~),,;.:.. """:. n. :.-:;';.- - C": . 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 R,sks: . that are created, allowed. or agreed to by you . that are known to you, but not to us. on the Policy Date - unless they appeared In the public records . that result in no loss to you . that first affect your tItle after the Policy Date - thIs does not limit the labor and material lien coverage In Item 8 of Covered Title Risks 4 Failure to pay value for your tItle. 5 Lack of a right: . to any land outside the area specIfically described and referred to In Item 3 of Schedule A or . in streets. alleys. or waterways that touch your land This exclusion does not limIt the access coverage In Item 5 of Covered Title Risks. -:~, ALTA LOAN POLICY (10-21-87) WITH AL T A ENDORSEMENT FORM 1 COVERAGE The ExclusIons from Coverage of the AL T A Loan policy form recites that 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 (al Any law, ordinance or governmental regul8tion lincluding but not limited to building and zoning laws. ordinances. or regutations) restricting. regulating. prohibIting or relating to iiI the occupancy. use. or enJoyment of the land; liil the character. dimensions or location of any improvement now or hereafter erected on the land; (iii) a seperation 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 lal 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 dolNin 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. encumbrance.. adverse claims or other matters: (a) created, suffered. assumed or agreed to by the in.ured 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 bec8me In insured under this policy; (C) resultIng In no loss or damage to the InSUled claImant; , (dl 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 ol/er any statutory lien for services. labor or material. or to the extent insurance is afforded herein as to assessments for street Improvements under constructIon or completed at Date of Policy); or (e) resultIng In loss or damage whIch would not have been sustaIned If the Insured claimant had paid value for the Insured mortgage 4 Un enforceability 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 unenforceabllity of the lien of the Insured mortgage. or claim thereof, which anses out of the transaction evidenced by the ,nsured mortgage and IS based upon usury or any consumer credit protection or truth In lending law 6 Any statutory lien for services. labor or matenals (or the claim of pnomy of anv statutory lien for serVices, labor or matenals over ¡he 'Ien of :~e 'nsured mortgage! anslng from an Improvement or work related to the land which IS contracted for and commenced subsequent to Date of p-:.' : f and IS not financed In whole or In oart bv oroceeds of the ,ndebtedness secured by the Insured mortgage whIch at Date of POliCY :he ,rs~r~'J ~as *P A j;' C E L 1 AREA BEARINGS 2 AREA = 15349.Z340 (ACRES = POINT BEARING DISTANCE 0;::-23-90 PAGE 1 .3524) NORTH COORDINATE EAST COORDINATE 9 ~ ~""^",^,,,-",,^^A--""-"\.c ~~ ~-"\.c 'V'..~-'^'^--~"v ~1118 .1945 4870.0000 s 00 00 00.000 W 10 N 89 58 00.000 W 11 N 00 00 00.000 E 8 N 89 59 18.000 E 12 S 00 31 34.537 W 9 118.1200 þ 130.0000 118.0200 130.0000 .0021 CLOSURE 2 9 LENGTH OF TRAVERSE = 496.1421 CLOSURE DISTANCE = .0000 *** £ND OF BATCH INPUT HAS BEEN REACHED *** 5000.0745 4870.0000 5000.1501 4740.0000 5118.1701 4740.0000 5118.1966 4870.0000 5118.194~) 4870.0000 *F' ARC E L 2 AREA BEARINGS 3 AREA = POINT BEARING O;:::-23-~'O PAGE. 1 EAST COORDINATE 1 """'""'^-..-., ~~'^--'"'^--"/'^"'-"'" "-J\.~~-",,-"^-"^-~./._",,-"^-.,v,-v 'V"~-V"~"'^--'"'^-"'V.'^-"VVV r~~~""v--.,r,^-"^--'"v'V'.A.",,--,",^-. 5000.0000 ... L. s 00 00 00.000 W N 90 00 00.000 W S 00 02 00.000 W N 89 58 00.000 W N 00 02 00.000 E N 90 00 00.000 W N 00 00 00.000 E S 89 58 00.000 E N 00 07 06.853 E 3 4 5 6 7 11 12 1 CIRCULAF: CURVE CENTRAL. ANGLE = CHORD DIRECTION = RAD IUS = LENGTH = TANGENT = CHORD = EXTERNAL = MIDDLE ORDINATE = 2 90 02 S 45 01 CIRCULAR CURVE CENTRAL ANGLE = CHORD DIRECTION = RADIUS = LENGTH = TANGENT = CHORD = EXTERNAL = MIDDLE ORDINATE = 5 89 58 N 44 59 62227.8851 (ACRES = 1. 4286) DISTANCE NORTH COORDINATE 5000.0000 219.9900 4780.0100 20.0000(RADIAL) CURVE CENTER 4780.0100 20.0000(RADIAL) 4760.0100 220.0000 4760.1380 20.0000(RADIAL) CURVE CENTER 4780.1380 20.0000(RADIAL) 4780.1380 220.0100 5000.1480 260.0000 4999.9967 .0033 5000.0000 3 4 R 00.000 00.000 W 20.0000 31.4276 20.0116 28.2925 8.2925 5.8620 6 7 R 00.000 00.000 W 20.0000 31. 4043 19.9884 28.2760 8.2760 5.8538 5000.0000 4980.0000 l!979.9884 4759.9884 4760.0000 4740.0000 4740.0000 5000.0000 5000.0000 CLOSUF:E 3 1 LENGTH OF TRAVERSE = 1000.0033 CLOSURE DISTANCE = .0000 *** END OF BATCH INPUT HAS BEEN REACHED *** 02-23-90 PAGE 2 *N E T B 0 U N D A R Y AREA BEARINGS 1 AREA = POINT BEARING "v"v-"V-V-'. "^",,""V\.",,,'.,rvv""VV"~ """"v'"~"""'V'v",^-J""",-,,,--^.r".,;~ "-"'-~v'V",~_..",,--"V-.~,_. "-~,~~-V-,^-.,,.-,~,^-~,^-"'-J'_. ~,ooo. 0000 1 .... L. S 00 00 00.000 III . N 90 00 00.000 III S 00 02 00.000 W N 89 58 00.000 W N 00 02 00.000 E N 90 00 00.000 III N 00 00 00.000 E N 89 59 18.000 E S 00 00 00.000 III S 89 58 00.000 E N 00 36 51. 245 W 3 4 r:: ,I 6 7 8 9 10 11 1 CIRCULAR CURVE CENTRAL ANGLE = CHORD DIRECTION = f;~AD I US = LENGTH = TANGENT = CHORD = EXTERNAL. = MIDDLE ORDINATE = 2 90 02 S 45 01 02-~'3-90 PAGE 77577.3946 (ACRES = 1. 7809 ) DISTA"~CE NORTH COORDINATE 5000.0000 ¡19.9900 4780.0100 20.0000(RADIAL) CURVE CENTER 4780.0100 20.0000(RADIAL) 4760.0100 220.0000 4760.1380 20.0000(RADIAL) CURVE CENTER 4780.1380 20.0000 (F:AD I AL) 4780.1380 338.0300 5118.1680 130.0000 5118.1945 118.1200 5000.0745 130.0000 4999.9988 .0012 5000.0000 3 4 R 00.000 00.000 W 20.0000 31. 4276 20 . 0116 28.2925 8.2925 5.8620 CIRCULAR CURVE CENTRAL ANGLE = CHORD DIRECTION = RADIUS = LENGTH = TANGENT = CHORD = 5 6 7 R 89 58 00.000 N 44 59 00.000 W 20.0000 31.4043 19.9884 28.2760 1 EAST COORDINATE 5000.0000 4980.0000 4979.9884 4759.9884 4760.0000 4740.0000 4740.0000 4870.0000 4870.0000 5000.0000 5000.0000 EXTERNAL = MIDDLE ORDINATE = 8.2760 5.B~38 CLOSURE 1 1 LENGTH OF TRAVERSE = 1236.1412 CLOSURE DISTANCE = .0000 *** END OF BATCH INPUT HAS BEEN REACHED *** 02-23-90 PAGE '"' .:. .~ . . 8- - PU~LlC wet FILE No. 1 >Þ'ease-c~lIect & receipt for the .following monies: 1. ITEM AMOUNT RECEIPT NO, 1-3396 Project Revenues (specify project) Public Works Excavation Permit Fees: Application Fee Plan Check Deposit Faithful Performance (Cash) Deposit 4 DO L~ t/-;21 ~ $ R-1: ($ 35) Other: ($ 50) ($500) (100% of) (ENGR. EST) (4% of FPB) ($500 min.) (7% of FPB) ($ 35 min.) 3372 3521 3521 3521 Other Cash Deposit (specify) ($200) Plan Check & Inspection Fee 3372 Project Plans & Specifications ($10) General Conditions, Standard Provisions & Details ($10 or $1/page) "No Parking" signs ($1/ea. or $25/100) Work Area Traffic Control Handbook ($5) Traffic Flow Map ($10) Traffic Data Services ($40/hr. + material costs) Map Revisions to Map Companies ($10) Copies of Engineering Maps & Plans ($.50/sq. ft.) Fire Hydrant Maintenance ($195/ea.) 3373 3373 3373 3373 3373 3380 3373 3373 3520 æw 3372 3372 3372 3372 3372 3372 Tentative Parcel map Filing Fee ($350) Final Parcel Map Filing Fee ($300) Tentative Tract Map Filing Fee ($400) Final Tract Map Filing Fee ($350) Lot Line Adjustment Fee/Certificate of Compliance ($350) Vacation of Public Streets and Easements ($500) Assessment Segregation or Reapportionment First Split ($500) Each Additional Lot ($150) Environmental Assessment: Categorical Exemption ($500 plus actual cost Negative Declaration above $500) Storm Drainage Area Fee per Acre (R-1, $1,875; Multi-Res., $2,060; all other, $2,250) Park Dedication In-lieu Fee per Unit ($1,132) 3372 3370 3395 Public Works Special Projects Postage 3380 3510 L' 4=) $400 TOTAL '1)<.~ e( 0 D U/cc,;.f. I PERMITTEE A \ n s ( f:. Y I Lo, NAME OF APPLICANT PHONE 5 , ~n )OJ<'. ßþ,>( '7 j' t.:J ADDRESS---1J 0 ZIP 9' :)150 ;t.fÆ ¿;~ FOR CITY CLERK ONLY RECEIVED BY DATE 0M OFFICE OF COUNTY ASSESSOR SANTA CLARA CIVIC s. C VJ;Wf I - - 7~; / 0 " ~ " 4J ' 'i:z;; '.'...... 42 """, - """, 2 " , """,t-s.", Q~...... '...... 4/ ""'to ...... - '.., """'ito~ '" ~ """', 40 ......"/' .: """......18> -- '~~. ~ """"'...... 58 """...... IB,~-;; ...... Co 50 s.C v w.O. 49 L 0 .," Tj .('.. ~<v 0" ~ '3 @ ,"" '00'\ 0 Cò Cò ...: -I... ~~ ~':" ~<l: / ~"v ~ ~ ~..'.'..'...III~.. .."'.'.,""'!ì;,;."':. !'-~~~£c~t:u,,". ,.¡,'~' ,l~ED".~-ASSr;.. . L , CONDITIONS OF A .OVAL - FILE nZC 89-06/PD89-07 SITE ADDRESS: 515 E CAMPBELL AVE. APPLICANT: Ainsley Development. Inc. PG.3 - Revised by City Council on 9/19/89 20. Street improvements. Install street improvements in E. Campbell Ave. as directed by City Engineer. 21. Encroachment Permit.. Obtain an encroachment permit for all work in the right-of-way. 22. Public improvements. Construct or fund public improvements found necessary by the City Engineer due to project impacts determined through required studies as provided by Chapter 20.84 of the Campbell Municipal Code. 23. Easement: A 20 foot public utilities/landscape easement shall be provided adjacent to the street right-of-way on the E. Campbell Ave. frontage within the required 120 foot right-of-way reservation. 24. Gradina and drainaae. City Engineer. Provide grading and drainage plan for review of the 25. Dedication for Street Riaht-of-way and Reservation for Future Street Riaht-of-Wav: The applicant shall reserve for dedication the remaining area to a 120-foot right-of-way. The precise alignment of the 120-foot right-of-way shall be determined by the City Engineer. ~ 26. Street Improvements. The applicant/property owner shall enter into an agreement to pay a pro-rated share of area-wide infrastructure improvements and traffic mitigations to be described by the City Engineer and approved by the City Council. 27. Intersection confiauration: The applicant shall demonstrate, to the satisfaction of the City Engineer, that the development plan is compatible with the new intersection and roadway configurations being planned in the area. FIRE DEPARTMENT 28. Sprinklers. Building to be sprinklered throughout with a NFPA 13 system including dumpster location. 29. Roofina materials. Roofing does not comply with UBC 3202(b). Roof areas having fire retardant shingles shall be in compliance with UBC, Sect. 3202 (b)3. . 30. Parapet. A parapet is required on that part of the north exterior wall located within 10 feet of the property line. UBC, Sect. 1709(a). 31. Exitina. The north yard shall comply with exit court requirements to provide for tenant spaces requiring two means of egress. OFFICE OF CC"NTY ~SSESSOR - 6 SANTA CALIFORNIA ': ~\ l 3 13 AC NET ::~\,"" "'-1- '<' < "" 0,. '. "" Sfi'W'.L) EJNT. S ":"'" . ~~'~':::::'=~:~"~=~'S,::,.- 'B.3, L /1 279 II 46 II I EB i I ROUTE 17 FREEWAY "'" T. s. c, I" = 100' @ ~ RANCHO DEL PATIO TRACT N£ 2 . ~~~-=--: -- -~~-- G4/0'$':--" 25' .--c . .-"", \, H ¡ '" ~-> r~ '" ~ "" .~ PÕ~LAR -v= w > c::x: 0 I- <t D.. .§. 21 :f'. ~ ~ 20 .2. ~ -~ -.J W @ ~ ~ .,; -", ":-, '24 ~~'O.' L",-þ- -"'l----'---_u. w ~ !Q , : ¡ 1§. <3 : '9 29 ~ ~ ~ - _:,~.. --------u_+-----~- ~- 28 6 ~ :~ :;:I~ 45 42 : 18 30 ;¿;> r- ~ ~ - g /1 § ~ ~~_--h------_+___.--m_:: ~c~~--- 2~---5---~~ "r- ~.,.-"- 10 : :: 44 41 , 17 3/ ,"° Z .0 '0 - ; ~ "'. ~~ - t - ~~t- z...-_u--------¡. --1 "'.-.J ., on --u_------- ------------ - UU)t- - ~.-.J z:", - <Iou -~ 25 4 ' 'W z',"'!!' C, 43 40 : 16 32 ~.o a: -' <I ,~ .. .. J '\¡j CD ç, :O,.oo~ - , - -' t-<la: --- - - h- --- qh- \" D.. -"" ':z ----------------t-______h----- ,Q.~ 25 I \\ V) - ::::E ~:..\"~ ~'t- . .. NU)_¡;~ - ,3! 12 'I( ~:: c::x: ~r.~ -',<.>:g c 42 3.9 ; 15 33 :20.,0.0 . 0" 56. I "---i, ~ ~ (.) 0 '),~~ <I'«~" J ~z-'z -------j'¡6.'.-~'- q I::S <"~~.. ~!:=..--h--------Th-----__h:~~¡;§ 24 2:i' ~::: w ~~i'} 01 ., 0 4/ 36 '. 14 34 "¡:::J :0 ,BO" I ' ~. '" - ..\.- -,"~ - -.., --.'-'2"'-'-}- --5'--1 ¡e;¡ \." ~,,~-rf, W __un______ht-_----_q ---- ~ 22 231:1 . ..... ~ <;.~~ Z.. .....~ - -', " '&"è~ a:::"~ 4037: 13 35 ~~ ,2'" ~_,n,.... ~ \".'~~I' 0 "'~ - t """-------:---'-- "'~4 ",! '-.Ç/( ~~ ~ I ' _----_n_,,__- -----",,------ W 9 8 1 7 6,5 4: 48 £" ! 4¡;'-~A ..,. I-Z5 0 -.J ,f:':' 'I' 3 - g'" ¡ ~~1t ~ 0 39 36; '2 36 ~ ~ D.. "';, en.,-------- ; 'VVt-"-. 3=....n - , - "'c::x: 0 r-,;"'.- 0' ~ i ~.. __--"'l!,?T--_---t-__~Z'm_--__;; I_::::E ~~ 20 : /9 Æ/Z ~ ~~_~__~_1L--~ '" "., ~'" '" 38 35=; II 37 s¡,~"'" , I 5"ZA-O ~!" i "s ,,--;; . ¡;' - I . 68 ' 48 40 ~2 ,'~ I - '" : ~ ! _u,-"", ',' ,6.1, .. .&Z!>! 50 40 40 40, 40 I '"~ ---.j II "- '- .: Õ"-6' 56 PAGE S sueD, .R' "-" '--'l----t'PAGE" -~-_!'- -~-- ,Q --- - ----- STREET '-h ',,- --..---L...- -...-1-...-,- ~ _...-.J , ( CITY OF CAMPBELL MEMORANDUM To: Steven Piasecki Planning Director Date: February 1, 1990 From: Donald C. Wimberly Public Works Director Subject: Parcel Map - Ainsley Dev. Co. 505-15 East Campbell Ave. ---------------------------------------------------------- We recommend approval of the attached parcel map subject to the following conditions: 1. Process and file a parcel map combining the lots. 2. Dedicate additional land to widen Foot Avenue to 30 feet from centerline, Page Avenue .to 30 feet from centerline, and Campbell Avenue to 50 feet from ~enterline. 3. Reserve additional land for future dedication to widen Campbell Avenue to 120 foot right of way. 4. Dedicate a 20 foot landscape easement along the Campbell Avenue frontage. 5. Pay storm drain area fee of $3,263.00. " To: ( "Steve Piasecki Planning Director CITY OF CAMPBELL MEMORANDUM Date: November 1, 1989 From: Don Wimberly Public Works Director WIMBERLY HELMS JOCSON ----- v Subject: Parcel Map - 505 East Campbell Ave. ---------------*~$~Y~~~o------------ ~æ-- PENOYER We recommend approval of the attached map subject to the following conditions: 1. Process and file a map combining the lots. 2. Dedicate additional land to widen Foot and Page Avenues to 30 feet from centerline and Campbell Avenue to 50 feet from centerline. 3. Reserve additional land for future dedication to widen Campbell Avenue to. 120-foot right-of-way. Alignment to be determined by the City Engineer. 5. Pay storm drain area fee ~f $3,263.00. Provide a 20 public ~tility/landscape easement adjacent to the street right-of-way on the E. Campbell Ave. frontage within the required 120 foot right-of-way reservation. r;' -~ '~~" . ~'~7 \\ l'~' ~. \ ~ ~VJ,,~ ,~ .. \\ ~ \\:¡~'p~ ';r., ~-) ~'i^ ~ \" \- . ,~9".;r- 1" ~~~vYi~~1 \} . ~~ \ Z ~ ~~- ~ ~ X .'~ ~ . x.\ 4. MQ:AINSLEYPM f :NC (47) CITY OF CAMPBELL MEMORANDUM To: Steve Piasecki Planning Director Date: November 1, 1989 From: Don Wimberly Public Works Director Subject: Parcel Map - 505 East Campbell Ave. . ---------------~hs~y~~~~o--------------~---~-------------- We recommend approval of the attached map subject to the following conditions: 1. Process and file a map combining the lots. 2. Dedicate additional land to widen Foot and Page Avenues to 30 feet from centerline and Campbell Avenue to 50 feet from centerline. 3. Reserve additional land for future dedication to widen Campbell Avenue to 120-foot right-ai-way. Alignment to be determined by the City Engineer. 4. Provide a 20 public utility/landscape easement adjacent to the street right-of-way on the E. Campbell Ave. frontage within the required 120 foot right-of-way reservation. 5. Pay storm drain area fee of $3,263.00. MQ:AINSLEYPM f :NC (47) OFFICE OF COUN1 Y ASSE SSOR - SANTA CLARA COUNTY. CALIFORNIA C""" ," :<"',...., , "-.,,, '"" OS,", >E".,.! ,.., r...,"" (O" "fECTI<£ 0..: "'0:", ..., A_~R[D E C&PLSON'&SFE~FOR I f27910D ¡ -ffi- 1 .< ( ) t v <~ @ .,0" ",'-1'- Q~ , 7,<~'// RANCHO DEL PATIO TRACT N2 2 ~'ò ....,;;¡>--'~ EL PA"TIO ,," ~ ~ :> I ~-- ----- I" = 100' -; 't n .~..,- @ 6 7 ~"'7 ,'1 '" i ;I¡"~ ,> ~I: <1: ~, I @ v / A.. .i.-.:.. . r 2. £1 25 , 24 .. ~. - ~'-"-~"--- ~., ~~ I , --1:" 23 34 33 32 31 30 29 28. 27 26'~ ,.. : .' ~ 80 ., :~ " 2- ,. ---"'--'" ~ z ç ~ ~: .£ ~ Q .§. ~ ~ '" '" 9, ~ ~ ~ - ,4,.4 ~ LOS PALOS, UNI1 N2 2 TRACT N2 227 "0' £ .~ !.2 !!!. /7 !§. !2 ~ ~ c ~~' f"o! a:: <1: -l a.. 0 a.. "I / / / LOS PALOS - UNIT N2 3 TRACT N2 335 .22 I ! . I <t. --,. ,.;c- : - :~.1- ".. .. r AVE.- ~~---+1' ¡ , !!. !Q ~ @ ---', .. HAWTHORNE ,. " .r ) i E) ORDINANCE NO. 1769 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL, APPROVING A PLANNED DEVELOPMENT PERMIT, PLANS, ELEVATIONS, DEVELOPMENT SCHEDULE, AND CONDITIONS OF APPROVAL TO ALLOW CONSTRUCTION OF A RETAIL CENTER ON PROPERTY KNOWN AS 32 AND 42 FOOTE AVENUE, 31 AND 39 PAGE STREET, AND 507 AND 515 EAST CAMPBELL AVENUE . IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF AINSLEY DEVELOPMENT COMPANY, PD 89-07. 1 The City Council of the City of Campbell does ordain, as fQllows: .' ....: SECTION ONE: That the Zoning Map of the City of Campbell is hereby changed and amended on property known as 32 AND 42 Foote Avenue, 31 and 39 Page Street, and 507 and 515 East Campbell Avenue by adopting the attached Exhibit A entitled Plans and Elevations; Exhibit B entitled Development Schedule; Exhibit' C entitled Map of Said Property; and Exhibit D entitled Conditions of Approval, as per the application of Ainsley Development Company for plans, elevations, passage and adoption and shall be published once within 15 days upon passage and adoption in the San Jose Mercury News, a news paper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 3rd call vote: day of October, 198~ by the following roll - AYES: NOES: ABSENT : Councilmembers: Councilmembers: Councilmembers: ItOTOWSltI, ASHWORTH, BURR, COBAHT, WATSON HONE BONE ATTEST: THE FOREGOING INSTRUMENT IS A TRUE AND CORRECT COpy OF THE ORIGINAL ON FILE IN THIS OFFICE, ATTEST: BARBARA OLSASKY, CITY CLERK. ' ::~&~ EXHIBIT B STANDARD DEVELOPMENT SCHEDULE FILE NO: ZC 89-06/PD 89-07 APPLICANT: Ainsley Development, Inc. SITE ADDRESS: 515 E. Campbell Ave. (32 & 42 Foote Ave., 31 & 39 Page St., & 507 & 515 E. Campbell Ave.) 1. Construction to begin within one year of final approval. 2. Construction to be completed within one year of starting date. - NOTE: Above Levelopment Schedule is a standard used by the Planning Department when applicant has not submitted a schedule for his project. '. ~, ,_. ~ --~I' 11'. ~ c I .. '" ... . ~ .;:: III . CONDITIONS OF AI VAL - FILE n ZC 89-06/PD 89-0, SITE ADDRESS: 515 E. CAMPBELL AVE. (32 & 42 Foote Ave., 31 & 39 Page St., & 507 & 515 E. Campbell Ave.) APPLICANT: Ainsley Development, Inc. REVISED ON 9/19/89 - CITY COUNCIL MEETING REVISED ******* The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the Laws of the State of California.~: 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 which pertain to this development and are not herein specified. 1. Elevations/Site Plan: Site plan is modified to accomodate a 20-foot setback to the corner building pad, and allow the applicant to shift the rear building to the north property line. 2. FencinR: Fencing plan indicating location and design details of fencing to be submitted to the Planning Department and approved by the Planning Director prior to issuance of a building permit. 3. Performance Bond - LandscapinR. FencinR. StripinR: Applicant to either (1) post a faithful performance bond in the amount of $25,000.00 to insure landscaping, fencing, and striping of parking areas within 3 months of completion of construction; or (2) file written agreement to complete landscaping, fencing, and striping of parking areas. Bond or agreement to be filed with the Planning Department prior to application for a building permit. 4. Utility Boxes: Applicant to submit a plan to the Planning Department, prior to installation of PG&! utility (transformer) boxes, indicating the location of the boxes and screening (if boxes are above ground) for approval of the Planning Director. 5. ParkinR/Driveways: All parking and driveway areas to be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. All parking spaces to be provided with appropriate concrete curbs or bumper guards. 6. Utilities: Underground utilities to be provided as required by Section 20.36.150 of the Campbell Municipal Code. 7. Utilities: Plans submitted to the Building Department for plan check shall indicate clearly the location of all connections for underground utilities including water, sewer, electric, telephone and television cables. 8. SiRDinR: Sign application to be submitted in accordance with provisions of the Sign Ordinance for all signs. No sign to be installed until application is approved and permit issued by Planning and Building Departments (Section 21.53 of the Campbell Municipal Code). CONDITIONS OF AI. JVAL - FILE nzc 89-06/PD 89-07 SITE ADDRESS: 515 E. CAMPBELL AVE. APPLICANT: Ainsley Development, Inc. PG.2 Revised from 9/19/89 City Council Meeting 9. GarbaRe Collection: Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single-family dwellings, multiple apartment units, to all commercial, business, industrial, manufacturing, and construction establishments. 10. Trash Containers/Enclosures: Trash container(s) of a size and quantity necessary to serve the development shall be located in area(s) approved by the Fire Department. Unless otherwise noted. enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and have s,elf-closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. 11. Handicapped Requirements: Applicant shall comply with all appropriate State and City requirements for the handicapped. : 12. Property Security: The applicant is hereby notified that the property is to be maintained free of any combustible trash, debris and weeds, until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property. Sect. 11.201 & 11.414, 1979 Ed. Uniform Fire Code. 13. Future streets cape improvements: The applicant shall agree to implement the specific streets cape design including location of sidewalks, street trees, electroliers, etc., as adopted by the City Council in conjunction with the E. Campbell Ave. Streetscape Design currently under study. The revised plans shall be submitted to the Site and Architectural Review Committee for review and approval. 14. LandscapinR: The applicant shall prepare a detailed landscaping plan incorproating decorative paving treatment at the Campbell Avenue driveway. The plan shall be approved by the Site and Architectural Review Committee prior to release of building permits. PUBLIC WORKS DEPARTMENT 15. Driveway: The driveway opening onto E.Campbell Ave. between Page St. and Foote St. shall be right-turn ingress/egress. This driveway may be eliminated by the City Council if it becomes a safety problem. 16. Dedication: Page St. and Foote St. shall be dedicated and improved to a 30 foot half-street as directed by the City Engineer. 17. Tract map: Process and file a tract map to combine the lots. 18. Excavation permit: right-of-way. Obtain an excavation permit for all work in the public 19. Storm drainaRe fee. Pay storm drainage area fee. CONDITIONS OF AP£_...JVAL - FILE tlZC 89-06/PD89-07 SITE ADDRESS: 515 E CAMPBELL AVE. APPLICANT: Ainsley Development. Inc. PG.3 Revised by City Council on 9/19/89 20. Street improvements. Install street improvements in E. Campbell Ave. as directed by City Engineer. 21. Encroachment Permit. right-af-way. Obtain an encroachment permit for all work in the 22. Public improvements. Construct or fund public improvements found necessary by the City Engineer due to project impacts determined through required studies as provided by Chapter 20.84 of the Campbell Municipal Code. 23. Easement: A 20 foot public utilities/landscape easement shall be provided adjacent to the street right-of-way on the E. Campbell Ave. frontage within the required 120 foot right-of-way reservation. 24. GradinR and drainaRe. City Engineer. Provide grading and drainage plan for review of the , . 25. Dedication for Street RiRht-of-way and Reservation for Future Street RiRht-of-Way: The applicant shall reserve for dedication the remaining area to a 120-foot right-of-way. The precise alignment of the 120-foot right-of-way shall be determined by the City Engineer. - 26. Street Improvements. The applicant/property owner shall enter into an agreement to pay a pro-rated share of area-wide infrastructure improvements and traffic mitigations to be described by the City Engineer and approved by the City Council. 27. Intersection confiRuration: The applicant shall demonstrate. to the satisfaction of the City Engineer. that the development plan is compatible with the new intersection and roadway configurations being planned in the area. PIRE DEPARTMENT 28. Sprinklers. Building to be sprinklered throughout with a NFPA 13 system including dumpster location. 29. RoofinR materials. Roofing does not comply with UBC 3202(b). Roof areas having fire retardant shingles shall be in compliance with UBC. Sect. 3202 (b)3. 30. Parapet. A parapet is required on that part of the north exterior wall located within 10 feet of the property line. UBC. Sect. 1709(a). 31. ExitinR. The north yard shall comply with exit court requirements to provide for tenant spaces requiring two means of egress. CONDITIONS OF AP VAL - FILE Oze 89-06/PD89-07 SITE ADDRESS: 51." E CAMPBELL AVE. APPLICANT: Ainsley Development, Inc. PG. 4 BUILDING DIVISION 32. ExitinR. Occupancy. All units with retail occupancies that allow 50 or more persons based on 30 sq.ft. per occupant must show ~wo means of egress separated by one half of the overall diagonal dimensions of served area. - . - MEMORANDUM CITY OF CAMPBELL f To: Steve Piasecki Planning Director Date: October 23, 1989 From: Don Wimberly Public Works Director Subject: Parcel Map - 505 East Campbell Ave. - - - - - - - - - -'- - - -Ai-IHõ~~v-.~- - - - - - - - - - - - - - - -~. - - - -:- - - - - - - - - - - - - -- We recommend approval of the attached map subject to the following conditions: 1. Process and file a map combining the lots. 2. Dedicate additional land to widen Foot and Page Avenues to 30 feet from centerline and Campbell Avenue to 50 feet from centerline. 3. Reserve additional land for future dedication to widen Campbell Avenue to 120-foot right-of-way. 4. Pay storm drain area fee of $3,263.00. MQ:AINSLEYPM f:NC (47) . . OFFICE OF COUNTY ASSESSOR - SANTA CLARA ~ () ~ ,----,,' / ,I / / <1 Ú .1' A' :UJ .:) Iz w > <! (0) !2. / R.O.S. 46/ /47 THRV 54 / / ~\ q\~:t, þ> at i . ~:./ / / / / ~j, 4"'" ~." ,þ, , '¡ /~- /: "CO T j /1 " 114ACNET '" ,. . .. GO '" ,.; '" N / .' ",," -"',4õ ~ ~ Œ ~ ~ Œ c ~ U 0 . Ip II 17 ~ +0 --1 16 § '4. , " .5 Z " ,<I ... 40 13;, 19 12 18 CO...,"[' " ""'...-.f .".. 0«n7 0' THE .,',,"')[ "0 '0..,..... CO" ""C"'f OATE "'"'" '. ..a. I ~cF"fD F :ARLSO:II .A~3ESSOR 1;/ 8 / ,t:mT- WI' / ;!: COUNTY, CALIFORNIA g HAWTHORNE '-AVJ:NÜ'E-"- .!.. ,,3. or- dw 'W - ~a: : ~r- : ~C{) ..:! I 010. ~ :'r~=-tv~.~tÍ @ ~ ~I !'d . , I :' i J ~ -, , '0 c - ,. 2 3 . " :.: 5'~-~ ';', ~ <! (L 21" fi! ,', ~" W ~.,_..",.4,O, r- "-0 ~o ~u. 6410 ~ "': ' , , :I+J: : :,; ;40:40:'. 40 , ." . 4J . 4, ,w. PAGE S SUBD, '0 _:,'::.:.I~~?f.~TJ7S~~:~EJ..Lj! 'i ~AVENUE § I :'" U...- II 279 II 43 II 1 -~.- ~ I" 100' -', " MEMORANDUM ',-/ CITY OF CAMPBELL Steve Piasecki, Planning Director \ To: From: Date: July 10, 1989 Don Wimberly Public Works Director Subject: Ainsley Development Projects on East Campbell Avenue ---------------------------------------------------------- The following comments represent the Public Works Department's current view of the Ainsley project applications. A. BACKGROUND 1. This and other developments along and adjacent to E. Campbell Avenue (ECE) will have a significant impact on the area and its infrastructure and use. 2. The ECA area is already experiencing problems due to existing infrastructure. a. Pedestrian safety problems. b. Bicycle safety problems. c. Automobile safety problems. d. Intersection problems (L.O.S.) e. Vehicular speeds inappropriate for adjacent land use. 3. Developments should occur in a manner consistent with City's plans as they exist. Plans are in the process of evolving. New development should not proceed until plans and parameters have been decided by community, Planning Commission and City Council. 4. If a development must proceed before plans are adopted, it should be designed and conditioned to maximize compatibility and flexibility with future plans. Partially complete plans can be used to define points and areas of potential incompatibility. a. Downtown circulation study (l) Page/Gilman intersection (2) Street cross-section width (3) Signal interconnect (4) Median/turn pockets (5) U-turn locations/demand (6) Pedestrian/bike facilities Streetscape Study Vasona Corridor Study b. c. 5. Council has expressed concern about how new developments will impact the emerging street and area plans. To: Steve Piasecki Page 2 July 10, 1989 SUGGESTED DESIGN/CONDITIONS 1. No buildings closer to ECA than 120' plan line currently drafted. Projects should be conditioned for a dedication and reservation from any parcel between Railway and Union that proposes to develop existing buildings and uses can remain. 2. All new developments should be analyzed for compatibility with new intersection configurations (applies to Shoe Fair only). 3. All developments should be conditioned to pay a pro-rata share of area-wide infrastructure improvements and traffic mitigations currently identified in a manner described by the City Engineer and approved by the City Council. 4. Other conditions already provided to you and not replaced by the above still apply. DCW/lkh f/LKHOOOl CITY OF CAMPBELL MEMORANDUM To: Steven Piasecki Director of Planning April 6, 1989 Date: From: Donald C. Wimberly Director of Public Works Subject: Parcel Hap - Ainsley Dev. Co. 505-15 East Campbell Ave. ---------------------------------------------------------- We recommend approval of the attached parcel map subject to the following conditions: Process and file a parcel map combining the lots. Dedicate additional land to widen Foot Avenue to 30 feet from centerline, Page Avenue to 30 feet from centerline, and Campbell Avenue to 50 feet from centerline. Note: additional dedications may be required in connection with the approval of PD 89-07. Pay storm drain area fee of $3,263.00.