901 Campisi Way (81-6)
- /uf.l
RESOLUTION NO.
6554
BEING A RESOLUTION AUTHORIZING EXEUCTION OF A
DEVELOPMENT AGREEMENT BETWEEN CAPITOLA KNOLLS
INVESTORS AND THE CITY OF CAMPBELL
WHEREAS, Capitola Knolls Investors has submitted to the City
Council of the City of Campbell an Agreement regarding the development
of property located at 901 Campisi Way (Assessor's Parcel No. 288-03-012).
NOW, THEREFORE, BE IT RESOLVED by the City Council that the Mayor
be and he is hereby authorized to execute said Agreement on behalf of
the City.
PASSED AND ADOPTED this
roll call vote:
l<3th
day of
July
, 1983, by the following
AYES Councilmembers:
NOES Councilmembers:
ABSENT: Councilmembers:
Podgorsek, Paul, Ashworth, Doetsch, Chamberlin
None
None
APPROVED:
~QM~R. ej~~~
Dean R. Chamberlin, Mayor
ATTEST:
~~~
Anne G. Coyne, City Clerk
THE FOREGOING I'\iSTRUMENT IS A TRUE
A:m COR;-lECT CC~Y OF TIE ORIGINAL
ON FILE IN HilS O,F:CS.
ATTEST: ANNE G. C:)':NE, CITY CLERK
CITY 'JjAMPCELL, 7t/:~IA_,., )
BY C/a4., >6J'r (~
DATED 7k/B:3
. \)~. Nt:.- /S~
1~" 7762132
H 759 Pf.~: 360
CllY U,- ,_..-,,';;;-'"-1,-,-1-
75 NORTH CENTHAL AVE.
CAMPBELL. CALIFORNIA )08
TO BE REcowæ W¡i¡¡OUT fEE
SECTl~j' GOVERNW,ENT CODE
\T THE REQUEST OF CITY OF CAMPBELL
AGREEMENT TO DEDICATE RIGHT-OF-WAY AND EXCHANGE LANDS
THIS AGREEMENT TO DEDICATE RIGHT-OF-WAY AND EXCHANGE LANDS is made
and entered into this /2 day of ~, 1983, by and between
Capi tola Knolls Inves tors-, hereinafter CAPITOLA", and the Ci ty of
Campbell, hereinafter "CITY".
RECITALS
CAPITOLA owns the property commonly described as Assessor's Parcel
No. 288-03-012 in the City of Campbell. CAPITOLA intends to construct
a three-story office building on this parcel, with parking lots on both
the northerly and southerly sides of the building. CAPITOLA has
applied to the CITY for permits to construct the building under City
File No. PD 81-06.
The CITY has indicated the possible need for a future roadway to
connect Hamilton Avenue to Campisi Way by means of a bridge over
Los Gatos Creek, hereinafter referred to as "ROADWAY". The proposed
alignment of the ROADWAY runs through CAPITOLA's northerly parking
lot, and severs a portion of CAPITOLA's northerly parking lot from
the remainder of the parking lot. This ROADWAY was not needed at
the time of the CITY's approval of CAPITOLA's PD Permit to allow
construction of CAPITOLA's three-story office building, but is
contemplated in the CITY's traffic circulation plan.
Therefore and in consideration of the mutual promises herein, the
parties agree:
1)
CAPITOLA agrees that it will dedicate right-of-way up to a
maximum of 60 feet in width as generally shown on the attached
Exhibit "A" if requested by the City of Campbell in writing.
In addition, CAPITOLA will exchange areas of land which are
approximately equal in size, shown as "Area A" and "Area BIf
on the attached Exhibit "A", with the owner of the adjoining
property (commonly described as Assessor's Parcel No.
288-02-021), as set forth in Santa Clara County Assessor's
Book, dated March 1, 1982, if requested by the City of Campbell
in writing. This exchange will be made for the purposes of
increasing the contiguous parking lot areas of both CAPITOLA
and the owner of Assessor's Parcel No. 288-02-021.
The right-of-way will be offered for dedication and the parcels
of land exchanged upon the occurance of the following:
a)
b),
Improvement Plans for the ROADWAY have been completed and
approved by the CITY.
Contracts for the ROADWAY improvements have been signed
with licensed contractors and bonds have been posted for
the improvements by the CITY.
Improvement Plans for CAPITOLA's revised northerly parking
lot have been approved by the CITY AND CAPITOLA. Either
party will not be unreasonable in giving their approval.
Contracts for CAPITOLA's revised northerly parking lot
improvements have been signed with licensed contractors
and bonds have been posted for the parking lot improvements
by the CITY.
If, after dedication of the future ROADWAY, the parking
ratio of the office building approved in PD 81-06 changes,
the resulting ratio shall be deemed acceptable to the CITY
and the building shall be considered as conforming in
relationship to the CITY's parking standards.
c)
d)
e)
.¿e Two
¿reement to Dedicate Right-of-Way
~nd Exchange Lands
H 759 ?!~: 361
2)
CAPITOLA will have no monetary obligations for the direct or
indirect costs associated with the land exchange, right-of-way
dedication, ROADWAY construction or parking lot construction,
regardless uf the method of financing selected by the CITY.
Parking spaces lost to the development approved in PD 81-06
in making the improvements, dedication and property exchange
contemplated in this agreement would not be subject to a claim
for compensation by Capito1a Knolls or their successors from
the CITY. Further, the CITY would not obligated to compensate
CAPITOLA for the value of the right-of-way dedicated for the
ROADWAY under the terms of this agreement.
",
3)
4 .
This agreement is part of the PD 81-06 approval and shall be
recorded with the Santa Clara County Clerk to provide notice
of the agreement to any prospective purchasers of the site.
CAPITOLA KNOLLS
By'
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CITY OF CAMPBELL
By: jr¿eanf?~/z~~
Dean R. Chamberlin, Mayor
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State of
California
} 55
On this the 12 th day of July 19 ~, before me,
æ¿&-v~, )z~~-
the undersigned Notary Public, personally appeared
County of
Santa Clara
Ronald J. Troyan
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OFFlClALWL
ALlEN N. NENCESCUE
NOTARY PUBUC-CAUfORNIA
SANTA CLARA COUNtY
My Comm. &pir-. ..., 7. 1984
known to me to be the person(s) whose name(s) 1's subscribed
to the within instrument and acknowledged that ft C.
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
GENERAL ACKNOWLEDGEMENT FORM
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RESOLUTION NO.
BEING A RESOLUTIONG AUTHORIZING
AGREEMENT WITH CAPITOLA KNOLLS
INVESTORS
WHEREAS, Capitola Knolls Investors have submitted to the
City Council of the City of Campbell an agreement which
covers certain conditions of approval for street repairs
for the development of their real property at the north-
west side of Campisi Way;
NOW, THEREFORE, BE IT RESOLVED by the City Council that the
Mayor be, and he is hereby, authorized to execute said
agreement on behalf of said City.
PASSED AND ADOPTED this 19th
1985, by the following vote:
day of
February
AYES: Councilmen: Chamberlin, Kotowski, fuetsch, Podgorsek, Ashworth
NOES: Councilmen: None
ABSENT: Counc i 1 men: None
APPROVED:
1, £~~y-
Mayor
ATTEST:
åLC:!~k
'II..,~: FUHEGOlê'li ,~r;Tf'u~,~E'NT ,~]^ TRUE
'INO ~(;(" 0: 'HE ORIG'i-JAL
::IN Fllie :
ATTEST: f..:' ': :Co n Jc,. elf" CLERK
:~T~~, ~~
DATED o.?~~i~-
CITY OF CAMPBEU
70 North First Stre~
Camptell, California 95008
.TO I)E RECORDED WITv.OUT F!:E
SECTION 61Ò3 GOVER;~MENT CODE
AT T~~E REQUEST OF CITY OF CAMPBElL
AGREEMENT
The undersigned, THE CITY OF CAMPBELL, a Municipal Corpor-
ation, and CAPITOLA KNOLLS INVESTORS, a California Limited Partner-
ship, respectively "Campbell" and "Owner" do agree as follows the
date below written:
RECITALS
Owner holds title to that parcel of real property located
on the northwesterly side of Campisi Way, Campbell, California, on
which Owner is completing the construction of a three story profes-
sional office building;
It has come to the attention of Owner and Campbell that
there are problems relating to the portion of Campisi Way contigu-
ous to the real property of Owner, in the' nature of settlement or
breaking causing interference with that roadway and its normal
grade. Furthermore Campbell and Owner are in the process of con-
ducting independent investigation to determine the probable cause
and the probable responsibility with respect to said conditions,
and each party to this Agreement wishes by this Agreement to pro-
vide for occupancy for Owner upon completion of the building so
that Owner may proceed with rental of the professional office
space, and at the same time not causing either Owner or Campbell
to waive any rights in law or in equity that each has or may have
with respect to said condition and the responsibilities and obli-
gations relating to repair or replacement thereof in a manner
determined to be suitable.
NOW THEREFORE the parties agree:
1. That Campbell agrees that it will allow Owner
to obtain a Certificate of Occupancy with respect to Owner's works
of improvement when all work onsite and all work offsite, as required
by Owner and/or Campbell, other than such work as may be required
to repair or mitigate the aforementioned pavement settlement or
breakage, have been completed and satisfactory evidence thereof
supplied to the appropriate departments of Campbell.
2. That Owner agrees to proceed in a diligent manner
with that completion, which is substantially completed at or prior
to the date of signing this Agreement, and to then apply for and
obtain said Certificate of Occupancy to proceed with rental and
occupancy of said improvement.
3. Each of Campbell and Owner agree that this Agree-
ment, and the issuance of Certificate of Occupancy as hereinabove
, .
provided for, shall not in any way change or alter any rights,
obligations, claims or remedies that either has either against
the other or with respect to third parties relating to the above
described street conditions contiguous to the real property of
Owner on Campisi Way, Campbell, California. Specifically each
party therefor acts without prejudice to any and all thereof, and
the right to exercise and raise same after the date of this Agree-
ment for any purpose whatsoever.
WHEREFORE IT IS AGREED.
"CAHPBELL"
THE CITY OF CAMPBELL
A Municipal Corporation
DATED: February 19, 1985
BY:
Y ¿:' 9 ~~Y,f'
.JØfID J. ASifworth, Mayor
"OWNER"
CAPITOLA KNOLLS INVESTORS
A California Limited Partnership
ð
DATED' J~ /7; (frY'S'---
BY ~~~ .;,~
PARTNERSHIP ACKNOWLEDGMENT
NO 203
State of ß.£, J~
{l
County of Ja,dcv &a.1.CU
}ss
On this the ~1clday of 'd-1/YW..ß..1
C?~ m.~
19~, before me,
the undersigned Notary Public, personally appeared
i? t'm.. ~
J r1 AJ GZ7V
t!fA
.
OFFICIAL SEAL
CHARLENE M CASE
NOTARY PUBLIC - CALIFORNIA
SNIT A ClA RA COUN1Y
My comm. expires OCT 1, 1987
. .
0 personally known to me
~ proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed it.
WITNESS my hand and official seal.
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Notary's Signature
m.~
7130 122
NATIONAL NOTARY ASSOCIATION' 23012 Ventura Blvd. . P.O. Box 4625 . Woodland Hills, CA 91364
;1>
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RESOLUTION NO.
6911
BEING A RESOLUTION AUTHORIZING
AGREEMENT WITH CAPITOLA KNOLLS
INVESTORS
WHEREAS, CapitolaKnolls Investors have submitted to the
City Council of the City of Campbell an agreement which
covers certain conditions of approval for an underground
storm drain system for their real property at the north-
west side of Campisi Way;
NOW, THEREFORE, BE IT RESOLVED by the City Council that the
Mayor be, and he is hereby, authorized to execute said agree-
ment on behalf of said City.
PASSED AND ADOPTED this 19th
1985, by the following vote:
day of
February
AYES: Councilmen: Chamberlin, Kotowski, Doetsch, Podgorsek, Ashworth
NOES: Counci 1 men: None
ABSENT: Councilmen: None
APPROVED:
Mayo r
ATTEST:
&~~
THE FOREGOING INSTRUMENT IS A TRUE
AND CORRECT COpy OF THE ORIGINAL
ON FILE IN TH:S OFFICE.
ATTEST: Ar-J:JE G. COVN!", CITY C'.EF.,;
:~TOF ~=L~A~~iê?~
DATED .;< - ~ /}- ð"ð" -&=-
CiTY OF CAMPBELL
ïC North First Street
( "Ii, C&!if()rr.i::; r'1F't'N'
¡. EE Ri:C")'1.,~, ~', ,CU1 F:::E
~'r:TlON 6103 GO"f; -JIE Ii corE
AT TI-'.: R:'QUEST Cf urv Of- CAIPL\¡'"l
AGREEMENT
The undersigned, the City of Campbell, a municipal corporation,
and Capitola Knolls Investors, a California limited partnership, here-
inafter referred to as "City" and "Owner" do agree as follows, the date
below written:
RECITALS
Owner holds title to that parcel of real property located on the
northwest side of Campisi Way, Campbell, described as Assessor's Parcel
No. 288-03-012 in the City of Campbell.
Owner has under construction a three-story office building on this
parcel with parking lots on both the northerly and the southerly sides
of the building.
Owner has received permits from the City to construct the building
and parking inprovements as a part of File No. PO 81-6.
The City has indicated the need for the construction of an under-
ground storm drain system within or adjacent to Campisi Way that will
provide for surface drainage relief in a portion of the public roadway
area of Campisi Way.
The proposed underground storm drain line would discharge into Owner's
onsite storm drain system.
Therefore, the parties agree:
1.
Owner agrees that he will provide an easement within the
northerly parking area to allow the construction of an
underground storm drain system connecting from Campisi
Hay to an inlet box near the easterly terminus of the
Owner's onsite storm drainage system.
t
2.
City agrees to construct a storm drain system at its own
sole cost and expense within this easement area to provide
drainage relief for a portion of Campisi Way, said storm
drain construction to be done in accordance with City
standards and inspected by City forces.
.
3.
City agrees to maintain the storm drain system to be
constructed in the above easement and to cause any
repairs as necessary to maintain the underground storm
drain system within the easement and the pavement area
above the storm drain trench line.
4.
Indemnification. Owner shall indemnify and save harmless the
City of Campbell, the City Council, the City Engineer and any
and all other officers or employees of City from any suits,
claims or actions brought by any person for or on account of
any injuries or damages to persons or property sustained
during or arising out of the construction, installation, or
maintenance of the improvements due to any acts, omissions,
or negligence of Owner, or its officers, agents, employees or
contractors. The City shall indemnify and save harmless the
Owner, its partners, employees, agents and affiliates from
any suits, claims or actions brought by any person for or on
account of any injuries or damages to persons or property
sustained during or arising out of the construction, installation
or maintenance of the improvements due to any acts, omissions,
or negligence of the City or its officers, agents, employees
or contractors.
5.
Binding Effect. This instrument is and shall be considered to
be an instrument affecting the right, title or interest in
the Property hereinabove described and shall bind the successors
in interest of the Owner.
WHEREFORE IT IS AGREED.
DATED:
"CITY"
City of Campbell
A Municipal Corporation
February 19, 1985
/~~~~~
~.~ n J >1fshworth, t1ayor
PARTNERSHIP ACKNOWLEDGMENT
NO. 203
State of ~~
County of Sa'nh:v (){J/l-UJV
} 55.
On this the ø2ydday of ~1Y1./J11-'J.
r f(a.4'XL 7rJ,~
19~, before me,
the undersigned Notary Public, personally appeared
R~
..:t tDJ ~ .J
OFFICIAL SEAL
. . CHARLENE M CASE
: ~ NOTARY PUBLIC - CALIFORNIA
, . SANTA CLARA COUNlY
My comm, expires OCT I, 1987
0 personally known to me
~ proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed it.
WITNESS my hand and official seal.
7130 122
C!kL; -m.
Notary's Signature
~
NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd. . P.O. Box 4625 . Woodland Hills, CA 91364
(
1
CITY OF CAMPBELL
-
75 NORTH CENTRAL AVENUE
CAMPBELL, CALIFORNIA 95008
(408) 378-8141
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Mr. Michael D. Moul
Ruth and Going, Inc.
P.O. Box 26430
San Jose, CA 95159
SUBJECT:
901 CAMPISI ~~AY
CAPITOLA KNOLLS INVESTORS
Dear Mr. r~oul:
We have received your letter of March 30, 1984. In clarification
of our March 6 letter, the requirements for off site work for sub-
ject property are:
1.
Install curb and gutter half way around the cul-de-sac.
Curb radius of 35 feet.
Install sidewalk to the southernmost driveway approach
for subject property.
Repair per City standards any damaged or off-grade
curb, gutter, sidewalk, or street pavement.
Obtain a Public Works permit for all off site work.
in the public right-of-way. The permit will require
a bond, a fee and a refundable deposit.
2.
3.
4.
We are aware that item No.1 is in conflict with your previous
. understandings. Nevertheless, the curb and gutter installation
- is required.
Very truly yours,
Joseph Ell iott
Director of Public Works
. -
(pi
by David N. Valkenaar
Associate Civil Engineer
DNV:rg
cc:
Capitola Knolls Investors, 15879 Los Gatos Blvd., Los Gatos 95030
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(7¡) fif-Þ
RUTH AND GOING, INC
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ARCHITECTURE
ENGINEERING
PLANNING
919 THE ALAMEDA P.O. BOX 26430 SAN JOSE, CALIFORNIA 95159 (406) 297-6273
RECt~'JE~
Leo W. Ruth, Jr., C.E., ME.
E. Jackson Going, Jr., C.E.
William H. Bender, S.E
Harry N. Lalor, C.E.
Donald C. Landberg, C.E
Edward J. Janke, AlA
March 30, 1984
APi;
PL ' ,(3
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'IL., .~~ .:,lJ
':34
16414-144
RE: PD81-6
Mr. David N. Valkenaar
Associate Civil Engineer
City of Campbell
75 No. Central Avenue
Campbell, CA 95008
Subject:
901 Campisi Way
Capitola Knolls Investors
Dear Dave:
This letter is written in response to your correspondence to Capitola Knolls Investors dated
March 6, 1984 in reference to required off-site improvements for the subject project. Item
One calls for the installation of sidewalk and curb and gutter half-way around the Campisi
Way Cul-de-Sac Bulb. We believe this to be in conflict with an agreement previously
obtained with your department.
As you are aware, the bulb portion of Campisi Way is paved with a temporary asphalt
section. This was apparently done in anticipation of the roadway ultimately being extended
through to The Pruneyard. No curb and gutter was installed; a temporary extruded curb
was used in its place.
Although the pavement section was identified as temporary, it nevertheless is very similar
to the section used within the permanent pavement area (2Y2" AC on 11" AB temporary vs.
4" AC on 11" AB permanent). The orginial conditions of approval required this project to
replace the temporary AC section with a permanent section. After discussing the
pavement section situation with Bill Helms, however, he agreed that there was little point
in replacing the pavement and related improvements merely to achieve an increase of 1Y2
inches of AC. Further, he verbally agreed to drop the condition of replacing the temporary
improvments with permanent due to this fact. We therefore believe that there should be
no requirement to replace the existing extruded curb with curb and gutter.
We are also enclosing a xerox of the Cul-de-Sac plan taken from the original construction
documents for Campisi Way. Because the cul-de-sac is temporary, sufficient right-of-way
to accommodate a public sidewalk has not been provided. Right-of-way has been provided
to acommodate the street in its ultimate configuration only. Because right-of-way does
not exist to accommodate the sidewalk, we believe this requirement should also be
dropped.
(9
March 30, 1984
Mr. David N. Valkenaar
16414-144
Page 2 of 2
Therefore, we respectfully request a letter be issued dropping the requirements for the
sidewalk and the curb and gutter half-way around the Campisi Way cul-de-sac bulb.
Thank you.
Very truly yours,
N;U~ ~
Michael D. Moul
ko
encl.
cc:
Capitola Knolls Investors
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ENGINEERiNG
April 2, 1984
Mr. Deb puddy
Silicon Valley Builders
2542 S. Bascom Avenue, #210
Campbell, CA 95008
Dear Deb,
Please note the enclosure from the City of Campbell
dated March 6, 1984.
Item #1 has been answered by Ruth & Going and we await
a reply from the City. A copy of Ruth & Going's letter
is enclosed for your information.
Item #2 falls within your contract specifications
regarding protection of existing improvements. I
consider this to be the full responsibility of Silicon
Valley Builders both as to the negotiating the extent
of the repair work with the City and the actual repairs.
All of this is to be done at no cost to Capitola Knolls
Investors.
Sincerely",
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RONALD J. TROYAN, General
CAPITOLA KNOLLS INVESTORS
Partner
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enclosures
cc.
Mr. Deb Puddy, Idaho Del-Ray Corporation
Mike Moul, Ruth & Going, Inc.
David Valkenaar, City of Campbell
15879 Los Gatos Boulevard 8 Los Gatos, California 95030 8 Phone 408/358-1851
CITY OF CAMPBELL
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75 NORTH CENTRAL AVENUE
CAMPBELL, CALIFORNIA 95008
(408) 378-8141
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Department: Pub 1 i c Works
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Capitol a Knolls Investors
14879 Los Gatos Blvd.
Los Gatos, CA 95030
March 6, ,984
LI:
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RE:
PO 81-6,901 CAMPISI WAY
Gentlemen:
Please disregard our letter of March 2,1984.
due to a mis-filed letter.
It was originated
The following information is pertinent to your development.
The following off-site work will be required to be completed
prior to obtaining occupancy of your building at 901 Campisi
Way:
1. Install sidewalk, curb and gutter halfway
around cul-de-sac.
2. Remove and replace any damaged or off grade
street improvements after heavy on-site work
is completed. A Public Works permit is re-
quired for this work.
All Public Works permits require bonds, fees and deposits.
Please call the undersigned if there are any questions.
Sincerely,
Joseph Elliott
Director of Public Works
~ IrU~-c~
David N. Va1kenaar
Associate Civil Engineer
DNV:mt
cc: Mr. Michael D. Moul
Ruth & Going, Inc.
P.O. Box 26430
San Jose, CA 95159
Wally Byron, Building Official
Nonn Samson, Pub1;cWorks Inspector
--~------
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(:ITY (IF CJ\MPIJELL
75 NORTH CENTRAL AVENUE
CAMPBELL, CALIFORNIA 95008
(408) 378-8141
Department: Public Works
r~arch 2, 1984
Capitola Knolls Investors
14879 Los Gatos Blvd.
Los Gatos, CA 95030
RE:
PD 81-6,910 CAMPISI WAY
Gentlemen:
Please be advised that the following off-site work will be required
to be completed prior to obtaining occupancy of your building at 910
Campi s i Way:
1.
Install sidewalk, curb and gutter halfway around
cul-de-sac.
2.
Remove and replace any damaged or off grade street
improvements after heavy on-site work is completed.
A Public Works permit is required for this work.
Also, we have received a copy of the February 10 letter from Santa
Clara Valley Water District to Mr. David Pines, South Bay Construction
and Development Company. The questions raised about the size of the
existing outfall that you propose to use is valid. The existing out-
fall is, in fact, a l2-inch CMP.
Prior to making any connection to the existing storm drain, drainage
plans and calculations must be submitted and a Public Works permit
obtained.
All Public Works permits require bonds, fees and deposits.
C I T Y 0 F C t\ M I) II E [ L
Please call the undersigned if there are any questions.
Very truly yours,
Joseph Ell iott
Director of Public Works
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by David N. Va1kenaar
Associate Civil Engineer
DNV: rg
cc:
Mr. Michael D. Mou1
Ruth & Going, Inc.
P.O. Box 26430
San Jose, CA 95159
Mr. David Pines
South Bay Construction & Dev. Co.
511 Division Street
Campbell, CA 95008
Wally Byron, Building Official
Norm Samson, Public Works Inspector
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RUTH AND GOING, INC
ARCHITECTURE
ENGINEERING
PLANNING
---~~- ------
919 THE ALAMEDA PO BOX 26430 SAN JOSE, CALIFORNIA 95159 (408) 297-8273
----~--------_.- --- ---
---------------~-------
!9
Leo W. Ruth, Jr., C.E, ME.
E. Jackson GOing, Jr., C.E
William H. Bender, S.E
Harry N. Lalor, C.E.
Donald C. Landberg, C.E.
Albert W. Ostoff, A.IA
Mr. Arthur Kee
City of Campbell
Planning Department
75 North Central A venue
Campbell, CA 95008
RE: PD 81-06, 901 Campisi Way
Access Easement
Capitola Knolls Investors
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AMPGEt-L.
C\TY 0 f G ¡;-PARTtJ,e:NT
PLANNING 0-
July 13, 1983
Dear Mr. Kee:
Enclosed is the description of an Access Easement and a
corresponding drawing for the subject property.
Please review the description, and file for process on an
appropriate form.
Thank you for your cooperation.
Very ruly yours,
. .
Edward Janke
Principal Architect
km:ko
encl.
cc:
Ron Troyan
Fred De Klotz
RUTH AND GOING, INC
ARCHITECTURE
ENGINEERING
PLANNING
[9
919 THE ALAMEDA P.O. BOX 26430 SAN JOSE, CALIFORNIA 95159 (408) 297.8273
Leo W. Ruth, Jr., C.E., M.E.
E. Jackson Going, Jr., O.E.
William H. Bender, S.E.
Harry N. Lalor, C.E.
~ Donald C. Landberg, C.E.
D R' ({J r. 0 C\.."~ ;~.~~~ W. Ostoff, ALA.
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JUL14.1983 U
CITy - 16414-112
PLAN Of CA,¡VIF-¡JEL.I
NING DEPA ...
RTME:NT
July 7, 1983
Capitola Knolls
Description of Access Easement
An easement for the purpose of bicycle and pedestrian access situate in the City of
Campbell, County of Santa Clara, State of California, said easement being described as
follows:
An easement 10 feet in width over and upon Parcel 4 of that certain Parcel Map filed for
record December 9, 1980 in Book 476 of Maps at pages 28 and 29, Santa Clara County
Records, the centerline of said easement being more particularly described as follows:
BEGINNING at the most Southwesterly corner of said Parcel 4 continuing Northeasterly
along the Northwesterly line of said Parcel 4 along a curve to the left having a radius of
315.00 feet from a tangent which bears North 450 18' 03" East through a central angle of
070 23' 16" an arc distance of 40.62 feet to the TRUE POINT OF BEGINNING of this
description; thence from said true point of beginning South 890 52' 00" East 137.85 feet;
0
thence North 27 II' 35" East 62.39 feet; thence Northeasterly along a tangent curve to
the right having a radius of 499.50 feet through a central angle of 060 22' 12" an arc length
of 55.53 feet; thence leaving said curve South 540 13' 00" East 32.53 feet to the
Southeasterly line of said Parcel 4 being also the Northwesterly line of "Bascom Access" as
said Access is shown on said Parcel Map, said Southeasterly line of Parcel 4 being the East
terminus of this easement and said Northwesterly line of said Parcel 4 being the West
terminus of this easement.
Capitola Knolls agrees to maintain all improvements within said easement. It is understood
that the City of Campbell will hold Capitola Knolls Investors harmless from any liability
resulting from personal injury, property damage, legal fees, or suits arising from public use
of said easement.
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,750 ALMADEN EXPRESSWAY. SAN JOSE, C¡.." ,~ORNIA 95118 . (408) 265.2600
Stream
Los Gatos Creek
Date Issued
7/13/83
Permit No,
83321
Permittee
Telephone
358-1851
File
Capitola Knolls Investors
14879 Los Gatos Boulevard
Los Gatos, California
Attention Ron Troyan
Re:
Permits, Central Zone
Los Gatos Creek
Wly of South Bascom Ave.;
Nly of Campisi Way
Office Building Complex
at Campisi Way
83A542, 83P542
Applicant:
Ruth & Going, Inc.
Post Office Box 26430
San Jose, California 95159
Attention Michael D. Moul
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Purpose of Permit
OCJ Encroachment
j[] Construction
0 Temporary
(See attached sheet)
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Construction Expiration Date
1/13/85
Encroachment Expiration Date
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PERMITTEE MUST NOTIFY:
m DISTRICT'S CONSTRUCTION DIVISION, TELEPHONE 265-2600, X323
0 ~N xx-x~ )O~~X;~ XOOG<IX:I1JIDJJCXi\XXQ£!X XIX (¡ J{NKXX~~~}@~X
AT LEAST TWO NORMAL WORKING DAYS BEFORE STARTING ANY WORK UNDER THIS PERMIT, FAILURE
TO NOTIFY IS CAUSE FOR REVOCATION OF PERMIT AND REMOVAL OF WORK, EXERCISE OF THIS PERMIT SHALL
INDICATE ACCEPTANCE OF AND AGREEMENT TO COMPLY WITH ALL PROVISIONS INCLUDED HEREIN THIS PERMIT IS
SUBJECT TO THE PROVISIONS LISTED ON THE REVERSE SIDE HEREOF EXCEPT AS EXPRESSLY MODIFIED IN THE
ADDITIONAL PROVISIONS LISTED BELOW, VIOLATION OF ANY PROVISION SHALL BE CAUSE FOR IMMEDIATE
REVOCATION OF PERMIT,
1, PERMITTEE MUST MAINTAIN A COpy OF THIS PERMIT AND APPROVED PLANS ON JOB SITE FOR DURATION
OF CONSTRUCTION PERIOD. .
2, All work shall be constructed in accordance with approved plans and to the satisfaction of the District's Inspec-
tor. The work area must restored to the satisfaction of the District's Inspector.
3. The quality of water passing through or below the site shall be maintained at all times and the addition of silt or other
deleterious material to the water will not be permitted,
4. All backfill within District right of way shall be compacted to at least 90% relative compaction in accordance with
California Test Method 216.
5. Obstructions to the existing waterway between October 15 and April 15 will not be allowed except by special permit to
be applied for at least 15 days in advance and requiring District approval of detailed plans and provisions for emer-
gency flows,
6. Provisions should be made to pass creek flows through the construction site. Arrange-
ments for any control of flows released for percolation are to be discussed with Mr.
Larry Wilson, 265-2600, Ext. 368, two normal working days in advance. Plans for any
bypass channel should be sent to us for review and approval 2 weeks prior to start
of work.
cc: S.K. Brown Construction Co.
711 Charot Ave., San Jose, CA 95131
vPublic Works Dept., City of Campbell
Building Dept., City of Campbell
(Continued)
Approval
OR'GfNAL SIGNED BY
FC,50 (7175)
DIVISION ENGINEER
DESIGN COORDINATION DIVISION
Permit No. 83321 (Continued)
PURPOSE OF PERMIT
1.
Installation of two 12-inch CMP storm drain outfalls into creek.
2.
Installation of a PCC retaining wall along creek.
3.
Installation of a 3' x 6" high chain link fence along creek from Station 0+46
to 7+05.
4.
Removal of existing 12-inch CMP outfall and vertical down drain.
5.
Grading of channel side slope.
6.
Installation of rock riprap channel bank lining.
P Ron S IONS
7.
The District may install a percolation dam in the creek on April 1, 1984.
creek work should be completed prior to that time.
All
8.
The rock riprap is to be in accordance with Section 72 of State Specs. The source
of material and test results are to be furnished the District inspector prior to
rock placement. Additional tests are to be furnished as required by our
inspector.
9.
Oistrict will have an active construction prùject approximately 300 feet downstream
of this site during the fall of 1983. Any work near this area should be coordinated
with District's contractor.
-2-
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75 NORTH CENTRAL AVENUE
CAMPBELL, CALIFORNIA 95008
(408) 378-8141
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CITY OF CAMPBEll
Department: Planning
July 18,1983
Mr. Edwin Bruce
Ruth & Going, Inc.
P.O. Box 26430
San Jose, CA 95159
RE:
APPROVAL OF REVISED SITE PLAN (PD 81-06)
LANDSCAPING PLAN - 901 CAMPISI WAY
Dear Mr. Bruce:
Please be advised that at its regularly scheduled meeting of
July 12,1983, the Planning Commission approved a revised site
plan indicating a future street right-of-way and a modified
landscaping plan for the referenced project.
Copies of the approved plans are enclsoed for your records.
A review of this file indicates that Conditions E, F, Q, and W
of this approval have not been satisfied, in light of a Planning
Department clearance for this proj ect. We are in receipt of a
letter ¿escriliing an easement per Condition W, however, this matter
has not been reviewed by the City Attorney.
If you have any questions regarding these matters, please do not
hesitate to contact the Planning Department.
Sincerely,
ARTHUR A. KEE
~Nq ~:l~
TIM J. ~F:/ð ~I
PLANNER I I /"7
T.lli:lp
cc:
Ron Troyan
Public Works
Fire Department
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CITY OF CAMPBELL
MEMORANDUM
To:
BUILDING DEPARTMENT
Date:
I z-/2--cf ~-Z-
From:
PUBLIC WORKS DEPARTMENT
Subject: PUBLIC WORKS DEPARTMENT REQUIREMENTS
----------------------------------------------------------
,
The requirements of the Public Works Department have been satisfied for
the following development:
APPLICANT
BUILDING ADDRESS
COUNTY ASSESSOR'S
PARCEL NUMBER
APPROVAL NUMBER
PUBLIC WORKS FILE NUMBER
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JOSEPH ELLIOTT
DIRECTOR OF PUBLIC WORKS
By:
Date:
ORDINANCE NO.
1365
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL ADOPTING PLANS, ELEVATIONS AND
DEVELOPMENT SCHEDULE FOR THE PLANNED DEVELOPMENT
ZONE ESTABLISHED BY ORDINANCE OF THE CITY OF
CAMPBELL (APPLICATION OF CAPITOLA KNOLLS INVESTORS,
INC., PO 81-06).
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That the Zoning Map of the City of Campbell is hereby
changed and amended by adopting the attached Exhibit A entitled 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 Mr. Ron Troyon on behalf of Capitola Knolls
Investors, Inc., for approval of plans, elevations, and development
schedule to allow the construction of a 56,000 square foot office building
on property known as 901 Campisi Way in a Planned Development Zoning
District. Copies of said Exhibits are on file in the Office of the
Planning Department.
The applicant is notified that he shall comply with all applicable
Codes or Ordinances of the City of Campbell which pertain to this develop-
ment and are not herein specified.
PASSED AND ADOPTED this
following roll call vote:
27th
day of
July
, 1981 by the
AYES: Councilmen: Chamberlin, Podgorsek, Hammer, Paul, Doetsch
NOES: Councilmen: None
ABSENT: Counci 1 men: None
APPROVED:
Ralph Doetsch, Sr.
Mayor
ATTEST:
Phyllis O. Acker
City Clerk
THE FOREGOING INSTRUMENT IS A TRUE
AND CORRECT COpy OF THE ORIGINAL
ON FILE IN THIS OFFICE.
ATTEST: f' LIS O. ACKER, CITY CLERK
Cln OF AM . CA~FOR~ ~~
C' LY J /'
CARL
EXHIBIT B
DEVELOPMENT SCHEDULE
B WEN S D N C D.. INC.
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CONTRACTORS
,"
May 6, 1981
Job No. 7262
RE:
Three (3) story office complex for Capitola Knolls
Investors, Campbell, California
DEVELOPMENT SCHEDULE
The proposed above office complex for Capitola Knolls
Investors is expected to proceed as promptly as
practicable.
Assuming planning approval is acquired June 2, 1981,
and the Building Department approval is obtained by
September 1981, construction can be started by the
end of September.
CARL N. SWENSON CO., INC.
f'J.w ( ~ ~
Max Rouzier
Project Architect
SUITEeoo 88!5S0UTHMARKETSTREET 8 ',":'.' " f<,-" '-'."' . 5At.JOSE c.... ¡~:"". t,," ..
State Licen.e No. 93803
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PO 81-06
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PUBLIC HEARING HELD BEFORE
PLANNING COMMISSION ON
JUNE 16,1981. RES. NO
2014 APPROVING (5-0-2)
EXHIBIT 0
. '
CONDITIONS OF APPROVAL: PO 81-06
APPLICATION OF: Capitola Knolls
Page 1
A
NA
B
C
NA
D
E
F
G
H
N/A:
Revised elevations and/or site plan to be approved by the
Planning Director upon recommendation of the Architectural
Advisor, within 30 days of the Planning Commission approval.
Revised elevations and/or site plan to be approved by the
Site and Architectural Review Committee and/or the Planning
Commission within 30 days of Planning Commission approval.
Property to be fenced and landscaped as indicated and/or added
in red on plans. Landscaping and fencing shall be maintained
in accordance with the approved plans.
Landscaping plan indicating type and size of plant material,
and location of irrigation syst~m to be submitted for approval
of the Site and Architectural Review Committee and/or Planning
Commission prior to application for a building permit.
Landscaping plan indicating type and size of plant material,
and location of irrioation system to be submitted for approval
of the Planning Director prior to application for a building
permit.
Fencing plan indicating location and design details of fencing
to be submitted for approval of the Planning Director prior to
application for building permit.
Applicant to either (1) post a faithful performance bond in the
amount of $ 5,OßO to insure landscaping, fencing, and
striping of parking areas within three months of completion of
construction; or (2) file written agreement to complete land-
scaping, fencing and striping of parking areas prior to applica-
tion for a building permit.
Applicant to submit a letter, satisfactory to the City Attorney
limiting the use of the property to: 48,000 square feet
of office use, -0- square feet of speculative
industrial use, and -0- square feet of warehouse use,
prior to issuance of a building permit.
All mechanical equipment located on roofs and all utility meters
to be screened as approved by the Planning Director.
Building occupancy will not be allowed until public improvements
are installed.
Not Applicable to t~is application.
CONDITIONS OF APPROVAL - PO 81-08
Application of: Capito1a Knolls
Page 2
The applicant is notified as part of this application that he/she is required
to meet the following conditions in accordance with Ordinances of the City of
Campbell and Laws of the State of California.
I
AI] parking and driveway areas to be developed in compliance
with Section 21.50 of the Campbell Municipal Code. All
parking spaces to be provided with appropriate concrete curbs
or bumper guards.
J
Underground uti] ities to be provided as required by Section
20.16.070 of the Campbell Municipal Code.
K
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, etc.
L
Sign application to be submitted in accordance with provisions
of the sign ordinance for all signs. No sign to be insta11ed
until appl ication is approved and permit issued by the Bui1ding
Department. (Section 21.68.030 of the Campbe11 Municipa1 Code.)
M
Ordinance No. 782 of the Campbe11 Municipa1 Code stipu1ates that
any contract for the c011ection and disposal of refuse. garbage,
wet garbage and rubbish produced within the limits of the city
of Campbell shall be made with Green Va11ey Disposal Company.
This requirement applies to all single-family dwellings, mu1tip1e
apartment ~nits. to all commercial, business. industria].
manufacturing, and construction establishments.
N
Trash container(s) of a size and quantity necessary to serve the
development sha11 be located in area(s) approved by the Fire
Department. Unless otherwise noted, enclosure(s) shall consist
of a concrete floor surrounded by a s01id wa]1 or fence and
have self-closing doors of a size specified by the Fire Department.
All enclosures to be constructed at grade level.
0
Applicant sha11 comply with all appropriate State and City require-
ments for the handicapped.
p
Noise levels for the interior of residentia1 units shall comply
with minimum State (Title 25) and loca1 standards as Indicated
in the Noise Element of the Campbell General Plan.
CONblTIONS OF APPROVAL - PO 81-08
Application of: Capitola Knolls
Page 3
PLANNING DEPARTMENT
Q Applicant to provide evidence, satisfactory to the City Attorney,
. that the project is acceptable to Santa Clara County.
PUBLIC WORKS DEPARTMENT
R.
Obtain an excavation permit, pay fees and post surety for all
work in the public right of way.
Agreement and bond for extension of permanent street improvements
on Campisi way frontage to replace temporary cul-de-sac.
S.
FIRE DEPARTMENT
T.
U.
Provide an automatic fire extinguishing system.
Provide 2A-10BC fire extinguishers.
BUILDING DEPARTMENT
v.
Roof covering shall be fire retardant: Section 1704.
STANDARD FIRE HAZARD ABATEMENT COW1ENT: The applicant is hereby notified
that the property is to be maintained free of any combustible trash, debris
an~ weeds, until the time that actual construction commences. All existing
structures shall be kept secured by having windows boarded up and doors
sealed shut, or be demolished or removed from property. Sect. 11.201 &
11.414,1979 Edition of Uniform Fine Code.
The app1icant is notified that he/she sha11 comp1y with a11 app11cab1e
'Codes or Ordinances of the City of Campbe11 which pertain to this
development and are not herein specified.
Santa Clara . ' - Wder District
May 5, 1981
Mr. Joseph Elliott
Director of Public Works
City of Campbell
75 North Central Avenue
Campbell, California 95008
Dear Mr. Elliott:
5750 ALMADEN EXPRESSvvMY
SAN JOSE, CALIFORNIA 95118
TELEPHON E (408) 265-2600
Zone:
Project:
Owner:
APN:
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Water Utilities (Central)
9259-4 Upper Page Distribution
System
M.J.H.M. Partnership II
424-33-064
You are advised that the right of way requirements of the District, as to
the above referenced property, have been met.
Very truly yours,
/:,~, JA ¿; /'
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Donald A. Lawrie
Chief Real Estate Agent
Real Estate Division
cc:
Mr. Arthur A. Kee
Director of Planning
AN AFFIRMATIVE ACTION EMPLOYER
5750 ALMADEN EXPRESSWAY
SAN JOSE, CALIFORNIA 95118
TELEPHONE (408) 265-2600
Santa:, Clara' Valley.. Water District:::
Mr. Max Rouzier
Carl N. Swenson Company, Inc.
Post Office Box 1337
San Jose, California 95109
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RING
June 8, 1981
Dear Mr, Rouzier:
Subject:
Office Building for Capitola Knolls,
Campbell, California
This is in reference to our meeting of June 3, 1981.
The concept to rock-line the existing creek bank is generally acceptable
to our District. The rock should be 1/4 ton class, have a minimum thickness
of 4 feet, maximum slope of 2 horizontal to 1 vertical, and be in accordance
with State Department of Transportation Specifications, Section 72, Method
B Placement. A 4-foot deep footing trench for the rock should be excavated
at the toe of bank. There should be a chain link fence at least 42 inches
high at the top of bank. Construction procedure would need to be coordinated
with our Operations Division so that there would be a minimum impact on water
quality. Our latest estimating price for large rock is approximately $37 per
cubic yard in place. Some suppliers of this rock are Syar Industries in
Vallejo and Lone Star in Clayton.
We believe rock would be the most suitable slope protection, but would consider
sacked concrete. Sacked concrete would require a 4-foot sacked or concrete
cutoff wall at the toe of bank. Maximum slope would be 1-1/2 horizontal to
1 vertical. Our latest estimating price for sacked concrete is approximately
$68 per square yard in place. An environmental assessment would probably need
to be done for the sacked concrete because of its negative visual impact.
As mentioned in our previous letter, the property adjacent to your development
is owned by Santa Clara County and their review and approval of this work will
be necessary. We suggest you call Mr. Don Hodge at 299-3641 regarding this
matter.
COP Y
AN AFFIRMATIVE ACTION EMPLOYER
Mr. Max Rouzier
-2-
June 8, 1981
This work may also need a permit from the Department of Fish and Game.
We suggest you contact them at (415) 326-0324.
Please send detailed plans for our review and issuance of a permit.
Sincerely yours,
,-. '~'U" ".' , :
, . ;
, . ,) C~V"
W. F. Carlsen
Division Engineer
Design Coordination Division
cc: Mr. Arthur A. Kee
Planning Director
City of Campbell
~. Joe Elliott
Director of Public Works
City of Campbell
Mr. Don Hodge
Manager, Property Division
County of Santa Clara
COP Y
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5750 ALMADEN EXPRESSWAY
SAN JOSE, CALIFORNIA 95118
TELEPHONE (408) 265-2600
( Santa..- CIor~ ValIey~ Water". District',.
June 2, 1981
Mr. Arthur A. Kee
Planning Director
City of Campbell
75 North Central Avenue
Campbell, California 95008
Dear Mr. Kee:
Subject:
Your File PD 81-06 Capitol a Knolls Investors
This is in reference to Mr. Max Rousier~ letter and plans of June 2, 1981.
The concept shown on the plans generally meets our approval. However,
some of the property is owned by Santa Clara County so their approval
will also be needed.
This solution will not require anyon-site easements and therefore will
not change the previous drawings submitted to your City by the Developer.
Please have the Developer furnish detailed plans for our review and
issuance of a permit.
Very truly yours,
O~I<!INAL SIGNED gy
W. F. Carlsen
Division Engineer
Design Coordination Division
cc ~-.J.{liLElliQ.t.t.----
Director of Public Works, City of Campbell
Carl Swenson Company, Inc.
95 South Market St., Suite 600, San Jose,
CA 95113
AN AFFIRMATIVE ACTION EMPLOYER