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50 Curtner Ave. (84-26) '. . '. ' "., '. 1'0 BE RECO!\i)ED WITIikJ\lT FEI! SECION 6103 GOVERNMENT CODE " .' AT THi REQUEST Of CITY OF CAMPBELL . J 316PAGE1661 8377188 {" . CITY OF CAMPBeœ ~o North First Street "- ampbell, California 9500A FILEO FOR RECORD AT ñtQUESÄ ~F ""D.~ 10 ~~~ A~ft I r 9 01 AM '85 OfFICI.AL RECØRO6. 'ANT A OL.ARA OOUN'r¥ G£OR~EA MANN THIS AGREEMENT (identified as No. Cmbr.(22), made :rfcf'#n~~'e~&f~ this ~ day of ~,1985 ,by and between SHAWN HAILEY, JAN HAILEY, and KIM HAILEY, hereinafter referred to as "Owners," and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "Ci ty. " A G R E E MEN T --------- WITNESSED: WHEREAS, City granted conditional approval of Owners' application to modify an existing commercial building upon that certain real property described in deed recorded August 10,1984, and filed in Book 1781 of Deeds at page 572 in the office of the County Recorder, County of Santa Clara, State of California, which property is here- inafter referred to as "said real property"; NOW, THEREFORE, IT IS MUTUALLY AGREED TO by and between the parties hereto as follows: (1) ~~ shall dedicate an additional five feet of land across their frontage to widen Curtner Avenue to thirty-five feet from the center when Owners are notified to do so by the City Engi neer. (2) IldllrÎ shall remove the northwesterly eight feet by eleven . feet portion of the existing building, as shown in red on the site plan on file in the Planning Department of City, when notified to do so by the City Engineer. (3)118 .rees to real i gn, modi fy and recons truct the pub 1 i c !~et improvements across the frontage of the property at no cost to Owners. . (4) It is understood by and between the parties that the modifica- tions to the public street improvements contemplated in .this ~~~t.'é~re . part qt ð" ~i der project that ~.""bey()" ~'....tage" Cta"\.¡,ll not ca 11 upon Ow'ners for perfor- mance of the terms or this agreement until and unless City has the means to effect such extended project. "; ,"~" . J 316PAGE1662 (5) It is also understood by and between the parties that Owners' obligations, as contained in this agreement, are a condition of City's approval of Owners' application. Abandonment, by Owners, of their plans for building modifications shall relieve them of their obligations contained in this agreement. (6) This instrument is and shall be considered to be an instrument affecting the right, title or interest in the real property hereinabove described and shall bind the successors in interest of Owners. 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 Owners have caused their names to be affixed the day and year first above written. CITY OF CAMPBELL ~:~'J,~ ~ Mayor ~~~j Ci ty Cl erk miNERS ~~~'_A\)O~ SHAWN HAILEY ~ ~ , ~ , .i.. , , , J 316PA6E1663 NOTARY FOR INDIVIDUAL SIGNATURE County of SANTA CLARA I I SSe I STATE OF CALIFORNIA On this 22nd day of February , 198~, before me, MARY C. SCHIVO . a Notary Public in and for the County of Santa Clara , State of California, residing therein, duly commissioned and sworn, personally appeared SHAWN HAILEY, JAN HAILEY and KIM HAILEY p&O6ØR~~k~t~~(or proved to me on the basis of satisfactory evidence) to be the person s whose name s ar8!Ubscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal of the aforesaid County and State the day and year in this certificate first above written. Á k--J ic in and for the County of SANTA CLARA State of California MY commission expires June 3,1987 IINOTARY SEALII . OPFICIAL SEAL MARY Co ICHIVO .'. ....., ". ua." CIIIf-- . 8MfA CUM GOUN1Y ... 0-. ...'....... ., --,-- ,1,~tt \ I'¡,-<:"I rÚr 1 '1~~~~~I~,,;,.~L t~ 6-6-85 f " lü/!urs" IO¡Z ~;A;';CL!.!xno:. dF Tf.XE:'; )¡y j't]nuc l.(;¡:NC)' BEC,....,.;L OF ^C~!¡';jSnlO:'\ UI\ )¡~¡~ )ŒVL~<UE & TAX!.Ti():~ CODE SLCI 10\1 'í9'),y n' SEQ. TO: BOA)!. ) OF SurE!:\'lS0J:~) of S¡¡ Jt~ (:I;,.a Couflty, State of c::::r omi;: AUG 2 a 1985 OCT 1 1985 Gentlemer. : Tk' undersigned ,,-1'!!IO!izcd :!gcnt of the ................,.......CITY.,.oF..CAHPBELL"""""""""""h"""..................., (p:!lJ:ic 3.[;cncy) hrrc~;)' rcquc~t; that YOII co:m:nt I" !!:~ cancd!:.:ti,,!! of \.a):~ again',t the fo) ow;)'¡t; cJ("Y:.rjb~d prùperty, specific de~cr;pl;()¡1 at- t.~..c)¡u\ b~'camc of ....cqÙjsitia)1 b)' tÌl:: s;:~id IIl;!)!i.: :',,:t.:ncy p'-lrsu::r.t 10 ReVC"!..H' {.;. T<:.x,¡tion C(J~k S~cti( n 49EG d ~~q., and herd.;, dcc.Lrc;. under p:::n.'¡ty of v;rjmy on IY'-~;¡Jf (,f the said public agency tLa: the infonnati(>n herein is true éfTiJ cc.rrect. N;u¡;"" cf Rcqucst:n¡; I\~enc)' / ~'-' , /, ( CITY OF CA\fPBEIL S:t.D"turt: '. ¡. d:vizc:l ~('.A/ .At- - /T Slt;n¡;d :It ANNE ~ CITY CLERK 1 S84 ROLL CAMPBEIL CALIFORNIA Ð~t:: Acql:ircd: Rtcordtr's S('liaJ X"./book &. P!;, :\m's~td to How Acquired: EJ BY [>1'.[0 ASSESS\ŒXT ]1;0. 413-18-105 0 kdund b)' Cowt Order. (PJcase ..:tach order (or pa}'1¡:u'.n\ to public ageT\C}") , , ~ L.""'D ,f I - r""" y~ i~' t" ,,/'... IMP. rF.RS. PROP. E..XF..1-.fPT NET TOTAL OTHER '/' :;:,-'7, /"--, .'c '\.. ( , r-'--:- ) ;;;,;,T,-,E-;'-SY ~ ,~_._--' """ '",' f f'\ ~.J"'V. .\! ' . TAX ROll CONTROL!' .' I L ' J . ..,..~ -f~_,} -I.¡i ,I}'{; '...' ~':¿&:~ACli;;D ~; !~,,' ':' i'~~~ . , l" ",0. \ ~ ~ ~~ð1t ÍÀD 176~ ~ ~ ~~J~~ ,¡W-::r fu 4~ ~'(/&(' ~~. ~ ..I.Uã4 ~ ~ ~ ~ /9f'( =fk¡;f ~~ ~ ¿ tG C¡./7,~; ~ ;L if 73 """"" -'¡-":'~A ;V~1f; ,~z",;(~ '.-':::) 'ç¿ji/-L:ii L: (~. '. :-,' : ..kZT-/- f -_.- -- -------- III"~' }"" 1~ [E~~t,~;;~:/ -= Jd<!UL~;, -) !".;~-C/\;,l;],1.U.TI"" OF TAXI::; Ii\' ,'tj¡:Uf: f.(;¡-,NC)' III("'.J~;L OF AC~!~.J:,rJIo:\ U!, )¡:¡: J:LVL. ,1:; tv TAX/.TiC );.,¡ COUI: SLC' r()~..¡ 'í(}', .;T SEQ, TO: BOAJlJ) OF ~Ul'EI:\'ISO¡:~; of Sanl;] CI;,-;I C()\':~H)' Slate of c;~;;r:;rn¡~ AUG 2 0 1985 OCT 1 2985 Grnth-mer. : Tko unr1n~i¡:;ncù "-lo!hmjzceJ :!gen~ of ,he ......................CI1Y..OF..CAHPBELL......._..........._.........._...w.n.......... (p:!IJ:ic. ;\,[:,cncy) nrrr:,)' r('r¡ur~l:; Ik\t YOll (()n~!:J11 In !!:-: (alì("¡I,;li'~I!' of ta):~ 2.gaill~.t the fo!It'w;ng ù(~rib~d property, specific de,::r;!,!:n" al- (dcli: c1, b('cau~c C)r i'.rq¡'¡j,itio!1 br tÌl,' s:-.id I',.~)~i( :L",\.:nry pJrsL1~r.I !fJ nevc/out" & T¡:X,ltion 'Ccde S~cti( n 4~¡í;G (t ~,('q.. anù hrrtL;' de<.L/(;5 ullùer p~n',l~y of V"jll/)' on 1.Y:.);iJr c,f the sa:id pub:¡c agency Ihat dlc infonnati:m hc:ein is Irue éfnJ C";Tect. 1~;;,u;.. Gf RCl ucs/iní; 1,¡:cnC)' 1985 ROLL CITY OF CA\1PBElL. s:t.n~t,I:H: ,I t}-v;zd ~(.Á/ A...- '" S:{;I1Lfl al ANNE~ CI'IY ClERK ---- CAMPBElL CALIFORNIA 1J~t:: Acquired: How AcquÌI('cI: RJ BY f'~£D Kcccrdu'sS('rial X"./I>'XJk &. PG. .T~?l 1 ~?4 ASSI:SS\;U,T ~O. (APN) 413-18-105 A~;('s~td 10 A - DIü{unci b>' Courl Oreln. (l'k;ose i.Hadl or¿cr {or paYT;)!'nl to public agent).) . , .~ L."'~D IMP. ~/f < / ì(ìr 1.1'-,""Ú(if!JÆ t." v~ ex c - . 1- -/ v rERS. PROP. ExnU'T NET TOTAL OTHE.R srI: ATTACHED ø."r,.~','ì(~,.~,'J~,~~, ~'k--,.P' ,34 -- ~U;~1V ,/:, '(:-:-') ) '1- , ',,~ ~' I.. " - . , , . ", " 1 !C:.-:!~ ~L¡ Q/-'7//5-fS r'~-~',-, 1 ' ¡ ; 1; . ¡ Ch: -S: '.. 1'¥{~ "-- -. '1 I AOJUS T ED BY TAX ROt. L CONTROL DATE rJ- 'Y( -f1.. IV - 1Mt1.~ - ~l ì f ""-' ~rG,O Ar~ 2'/7 CONDITIONS OF APPROVAL: M 84-26 APPLICANT: HAILEY, S. SITE ADDRESS: 50 CURTNER AVE. P.C. MTG. 12/11/84 11/27/84 The applicant is 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. 1. Revised east and west elevations and site plan to be submitted to the Planning Department and approved by the Site and Architectural Review Committee and/or the Planning Commission prior to application for a building permit. 2. Property to be fenced and landscaped as indicated and/or added in red on the plans. Landscaping and fencing shall be maintained in accordance with the approved plans. 3. Landscaping plan indicating type and size of plant material, and location of irrigation system to be submitted to the Planning Department and approved by the Site and Architectural Review Committee and/or Planning Commission prior to issuance of a building permit. 4. Fencing plan indicating location and design details of rear solid masonry wall to be submitted to the Planning Department and approved by the Planning Director prior to issuance of a building permit. 5. Applicant to either (1) post a faithful performance bond in the amount of $2,000 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. 6. Applicant to submit a plan to the Planning Department, prior to installation of PG&E utility (transformer) boxes, indicating the location of the boxes and screening (if boxes are above ground) for approval of the Planning Director. 7. Applicant to submit a letter to the Planning Department, satisfactory to the City Attorney, prior to application for building permit, limiting the use of the property as follows: 7,774 sq.ft. of office use; and 4,234 sq.ft. of industrial/warehouse use. 8. All mechanical equipment on roofs and all utility meters to be screened as approved by the Planning Director. 9. Building occupancy will not be allowed until public improvements are installed. 10. 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. 11. Underground utilities to be provided as required by Section 20.16.070 of the Campbell Municipal Code. 12. 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. ( ( PAGE 2 OF 3 CONDITIONS OF APPROVAL: MM 84-26 13. sign a~1ication to ~ s~tted in accord~ce wi~ pr~isi~S of ~ sign ordw~ce for all signs. "° s~n ø be installed øtil ~1icati= is _r~~ ~d ~~it issued ~ Pl~ing ~ ~i1ding ~~r_ntS (Section 21.68.030 of the campbell Municipal Code). 14. ~d~~ce~. 182 of ~ C~~ll ~ici~l ~de sti~l~es ~at a~ c~r.ct for ~ coUe~i= ~ dis~s.l of refUse, g.~.ge, wet g._ge ~d r~i~ pro_ed wi~~ ~ 1~it5 of ~e ci~ of c~~ll ~.1l be ~M wi~ Gre~ valley Ðis~sal ~m~Y' ~is re~ir~~ aWHes to all single-f~i1Y ~ell~gs. ~ti~e _r~~t øits. to all co~rcial. ~s~ess. in~5trial. _~f~t~~' ~d c~str~ti~ est~1i5~~5. 15, Tra~ co~ainerls) of a size ~d ~~ti~ necessary ~ se~e ~ d~e~~- ~all ~ located ~ area(s) aWr~ed ~ ~e Fire De~r-~' o~ess ~M~ise noted. enclosurels) _" c~sist of a c~crete floor s~r=ded ~ a solid ~all or f~ce and ~e se1f-clos~g _rs of a size specified ~ - Fire De~r-~. ~l ~clOS~es to be constr=t~ ~ grade l~el and ~e a l~el area adjaCent to ~ tra~ enclosure area to service these containers. 16. ~1ic~t _11 c~lY wiW all a~ropriate state ~d Ci~ re~ir-ntS f~ the handicapped. 17. ~e a~1ic~t is her~ notified ~t ~e proper~ is w be maintained free of - co~st~e tra~' ~ris ~ weeds. ~ti1 ~e t- ~t actual cøstr~tion c~_es. ~l exist~g strUC~res ~all ~ se~red W ~iM wi~~s boar~d ~ a~ doors sealed _to or ~ d_li~ed or r~~ed fr~ we pr~~ty. sect. 11.201 & 11.414. 1979 ~. ~i£o~ Fire ~de. FIRE DEPARTMENT ~. Mco_n~t~n for aWr~al onlY wiW retrofit of spri~ler Syst~. lO.309lb)G UFC) l sect. 19. ~cause ~ ~tal s~are f~tage wiili ilie aMition e~eeds 10,000 Sq.ft.. an ~w~tic .~~ler Syst~ _11 be pr=i~d for - e~ire str~ture. syst~ _" be m~iwred ~ a central station ala~ c~-y. 20. ACcess M~ew~ s~ll ~ ~sted as a fire l~e wi~ ~rk~g ~~~ited except in marked spaces. i I \ pUBLIC WORKS DEPARTMENT - -- 21. Dedic~e ~ .Miti~l 5 feet across we fr~t~e. 22. R~~e we ~rW westerlY B ft. X 11 ft, ~rtion of we existi~ ~ildi~ as shOwn in red on site plan. (' PAGE 3 OF 3 CONDITIONS OF APPROVAL: MM 84-26 23. _1ic~t to record ~ eas_nt allowing access between ~ ~t", and- swject widing ~d ~ all~ ilie s~red use of ten pa~iM spaces on ilie m-i site. us_at to ~et ~e .p~~.l of ~ city ~wrneY ~d ~ so wrirt~ _t it c~~t be given ~ wi~o~ ~e aWr~al of ~e city of C~~ell. ~l _red s~ces to be properlY signed to indicate joint use. ~ANNING DEPARTMENT BUILDING DEPARTMENT 24. NO comments. - -- \ ,--, .~ J)~ 8382491 J 321PAGE1324 /J (.. 1:1.:C/ ,d .', \.'i¡:'iCUT F:~: ~:, iO:>J (" :./;~<.' ::<.,::'.<1 CODE AT T.Œ E::CUí:.3'¡ 0::: C IV 0.: C¡\MPß[lL ~ CITY OF CAMPBELL ~ 70 NORTH FIRST ST CAMPBELL CA 95008 FILm FOR RECOHD ~ AFR /7 9 10 Hi 985 ()fr'ICI.t,~ ~c""I,:,¡:.DS SAN: /, GU,RA COUNTY SHAWN HAILEY, JAN HAILEY, and KIM HAIL~Y. here~gr\Gr~tr;\Ì~V:~~)r~bE~ grant unto the CITY OF CAMPBELL, a munlclpal . corporation of the County of Santa Clara, State of California, for public street purposes and to become a portion of Curtner Avenue, all that certain real property within said City and more particularly described as follows: BEGINNING at the southwesterly corner of that certain 0.b34 acre parcel shown on Record of Survey filed in Book 253 of Maps at page 42 in the office of the County Recorder, County of Santa Clara, State of California, GRANT DEED THENCE North 34° 16' 0511 West, along the westerly line of said parcel, said line being also the easterly line of curtner Avenue, as shown on said map, 0.79 feet; THENCE along a tangent curve to the right, concave easterly, with a radius of 170 feet, through a central angle of 30° 45' 2]11, an.,arc length of 91.26 feet, to the northerly line of said parcel; THENCE South 88° 17' 2911 East, along the northerly line of said parcel, 5.02 feet; THENCE alomg a curve that is concentric to the above described curve, tangent to a line that bears South 3° 40' 0911 East, with a radius of 165 feet, through a central angl e of 30° 35' 5611, an arc length of 88. 12 feet; THENCE South 34° 161 0511 East, a distance of 4.23 feet, to the southerly line of said parcel; ", '. THENCE North 89° 43' 2911 West, along the southerly line of said parcel, a distance of 6.07 feet, to the POINT OF BEGINNING. CONTAINING an area of 461 square feet, more or less. In witness whereof we have placed our names this of February . 1985. 28 day xz~ \\~ -i~ -;"./', "~/.,/'; ~,~. , ' 7 f/ // "'--/::;' ( ) '..:-7(( L Uf ; \\~~ '\ ~4/i ~~b " ~/[/ ~t-~ '- . "'- I ~~~~A~NOS B~ ~~A~~:~t, ~ f'.-. " ~ ~ a ~ i. \ .'. f. ()2 I ~ØI7 '2,'E ~... J 321PAGE1326 ....... ~ \3\ f"\ It ~ ~?'; .,0 10 0'7 6-- ~.. J N Þ1-1 ",p. ' \ II£. ø I~I 0' 5:;4- ..4,'2.'3 .' \ ,...".' "'" ,.07" NB,Ð4'3'2"'W ~ c.. ~~ "'t- ~ ~ P.D.B, 'YL, \ ~ \ / / I / LAND TO BE GRANTED TO THE CITY OF CAMPBELL INFORMATION PLAT BASED ON RECORD DATA SCALE: 111-:. '30/ DATE: F¿\~. \~66" DR. BY: j,"'P. CK. BY: !ü~-.:ursr rcm (;.";~(;¡'.uxn():; \ Tf.XL:'; ¡y j'U¡;UC: l.C:I:NC)' BECAl OF ^C~2~JSnIO:\ U:\J)LI~ lŒVi,:<t'E tÝ. TAX/.TiO;'>i CODE SLC1IU..J ';9'):,; };T SEQ. J'j,,-a.1 yÓr 'j~~ _1.~r1-85 --'-- l),,~(. (,[ ill'l,lical: ,r: 6-6-85 --.-- ------ TO: BOA!'.D OF SurEJ:\'ISOJ:~; of Sa¡¡t~ CI;.-;¡ County, State of c:,;:r omi" Gcntkmcr. : TI)~ unrkrsi¡;ncd ,,-,,!hnrizui :!gcnt of the ...................m.CITL.oF..CABPBELL........w.........wm....................... (p:!L:ic 3f,cncy) h('rc~:}' r('f uc~ts that you cor)~(:nt I., t}:c carocdLli,~,!¡ of taxc<õ again',t the {oIltow;ni; ù,v..rib('d property, specific descr!pt:r)¡'j at- t.ar,htc1, L~'c(ius(; of a.cqÙisitia)1 b)' tÌJ~ s;;.:d p:,:);í.: :,:;\Cncy p;¡rsu;;r.t :0 Rr:V(; JtlC & T;:.xation CO~¡; S,::ctic,n 49EG d ~::q" anù hertL;' dcd;.;[e;;, under pcr.':I~)' of V.rjUTY on IY'-~:.... í (,f the said public ageTJC)' tLa: the infonnati~m he¡ein is truc é1TiJ U';Tect. 1;;:.u;~ cf RequestinG l.¡;enC)' CITY OF CA\1PBEIL S:&m:tme ',1 11:c.~;2c:l ~["'fi/ A- - "., S:f:ncù :It ANNE ~ CITY CLERK CAMPBEIL CALIFORNIA RCCOl'dtr's SCI~a! ~(¡./[}ook &. PG. .T~?l 1 ~?4 ASSESS\Œ1"T 1\0, (APN) 413-18-105 Am's~ed to Dat:: Acqcircd: How Acquired: [] BY r>r.EO 0 Iü{und br Cowt Order. (Pìcó<Se ...:tach order (or paymt'n\ to public agency) . . LA:.,n IMP. rE.RS. PROP. E..XF.J,fPT NET TOTAL OTHER SEE ATTACHED ~;ßL N. ~ ",,¿ RESOLUTION NO. 6931 BEING A RESOLUTION AUTHORIZING AGREEMENT WITH SHAWN HAILEY, JAN HAILEY AND KIM HAILEY WHEREAS, Shawn Hailey, Jan Hailey and Kim Hailey ha\'e submitted to the City Council of the City of Campbell an agreement, . identified as No. Cmbr. (22), which covers certain conditions of approval of the development of their real property on the east side of Curtner Avenue north of Camden Avenue; 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 2nd 1985, by the following vote: day of Apri 1 AYES: NOES: Councilmen: Chamberlin, Kotowski, Doetsch, Podgorsek, Ashworth Councilmen: None ABSENT: Councilmen: None APPROVED: ~/ -~ü"nf# {~o n . Ashworth ~1ayor ATTEST: THO::: FO:-ë:GOiN3 IfJS,¡:;ljl.!'":!\iT IS A TrlUI: {,N: c;:v'.cr ct.," ('~ THe: O~"Ci~JAL U,; iT" ¡; , 1.1TC:U: A"!';:, G C'.::. cry CLEfiK CIT 0 C^/,i?~[:':', C.,:'if ",,1: B DATED A G R E E MEN T --------- THIS AGREEMENT (identified as No. Cmbr. -22-), made and entered into this day of , 19 , by and between SHAWN HAILEY, JAN HAILEY, and KIM HAILEY, hereinafter referred to as "Owners," and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City. II WITNESSED : WHEREAS, City granted conditional approval of Owners' application to modify an existing conmercial building upon that certain real property described in deed recorded August 10,1984, and filed in Book 1781 of Deeds at page 572 in the office of the County Recorder, County of Santa Clara, State of California, which property is here- i nafter referred to as "sai d real property"; NOW, THEREFORE, IT IS MUTUALLY AGREED TO by and between the parties hereto as follows: (1) Owners shall dedicate an additional five feet of land across their frontage to widen Curtner Avenue to thirty-five feet from the center when Owners are notified to do so by the City Engineer. (2) Owners shall remove the northwesterly eight feet by eleven feet portion of the existing building, as shown in red on the site plan on file in the Planning Department of City, when notified to do so by the City Engineer. (3) City agrees to realign, modify and reconstruct the public street improvements across the frontage of the property at no cost to Owners. (4) It is understood by and between the parties that the modifica- tions to the public street improvements contemplated in this agreement are part of a wider project that extends beyond Owners' frontage. City will not call upon Owners for perfor- mance of the terms of this agreement until and unless City has the means to effect such extended project. "', (5) It is also understood by and between the parties that Owners' obligations, as contained in this agreement, are a condition of City's approval of Owners. application. Abandonment, by Owners, of their plans for building modifications shall relieve them of their obligations contained in this agreement. (6) This instrument is and shall be considered to be an instrument affecting the right, title or interest in the real property hereinabove described and shall bind the successors in interest of Owners. 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 Owners have caused their names to be affixed the day and year first above written. CITY OF CAMPBELL Mayor Ci ty Cl erk miNERS NOTARY FOR INDIVIDUAL SIGNATURE County of SANTA CLARA I I ss. I STATE OF CALIFORNIA On this 22nd day of February , 19 ~, before me, MARY C. SCHIVO . a Notary Public in and for the County of Santa Clara , State of California, residing therein, duly commissioned and sworn, personally appeared SHAWN HAILEY, JAN HAILEY and KIM HAILEY pä~~){jOk¥lij~QDt~XI1fèC (or proved to me on the basis of satisfactory evidence) to be the persons whose names~esubscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal of the aforesaid County and State the day and year in this certificate first above written. Notary County of State of California SANTA CLARA My commission expires June 3, 1987 "NOTARY SEAL" @ OFFICIAL SEAL MARY C. SCHIVO Notary Publlc-c.llfomla .". SANTA CLARA COUNTY ';..,'~, My Comm. Exp. June 3. 1937 ..... CONDITIONS OF APPROV~)Þ M 84-26 APPLICANT: HAILEY, S. SITE ADDRESS: 50 CURTNER AVE. ) P.C. MTG. 12/11/84 11/27/84 The applicant is 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 Califo~ñia. 1. Revised east and west elevations and site plan to be submitted to the Planning Department and approved by the Site and Architectural Review Committee and/or the Planning Commission prior to application for a building permit. 2. Property to be fenced and landscaped as indicated and/or added in red on the plans. Landscaping and fencing shall be maintained in accordance with the approved plans. 3. Landscaping plan indicating type and size of plant material, and location of irrigation system to be submitted to the Planning Department and approved by the Site and Architectural Review Committee and/or Planning COmmission prior to issuance of a building permit. 4. Fencing plan indicating location and design details of rear solid masonry wall to be submitted to the Planning Department and approved by the Planning Director prior to issuance of a building permit. 5. Applicant to either (1) post a faithful performance bond in the amount of $2,000 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. 6. Applicant to submit a plan to the Planning Department, prior to installation of PG&E utility (transformer) boxes, indicating the location of the boxes and screening (if boxes are above ground) for approval of the Planning Director. 7. Applicant to submit a letter to the Planning Department, satisfactory to the City Attorney, prior to application for building permit, limiting the use of the property as follows: 7,774 sq.ft. of office use, and 4,234 sq.ft. of industrial/warehouse use. 8. All mechanical equipment on roofs and all utility meters to be screened as approved by the Planning Director. 9. Building occupancy will not be allowed until public improvements are installed. 10. 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. 11. Underground utilities to be provided as required by Section 20.16.070 of the Campbell Municipal Code. 12. 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. j ¡CONDITIONS OF APPROVAL: MM 84-26 PAGE 2 OF 3 13. 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 21.68.030 of the;Campbell Municipal Code). 14. 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. 15. 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 self-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. 16. Applicant shall comply with all appropriate State and City requirements for the handicapped. 17. 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. FIRE DEPARTMENT 18. Recommendation for approval only with retrofit of sprinkler system. 10.309(b)G UFC) (Sect. 19. Because the total square footage with the addition exceeds 10,000 sq.ft., an automatic sprinkler system shall be provided for the entire structure. System shall be monitored by a central station alarm company. 20. Access driveway shall be posted as a fire lane with parking prohibited except in marked spaces. PUBLIC WORKS DEPARTMENT 21. Dedicate an additional 5 feet across the frontage. 22. Remove the north westerly 8 ft. x 11 ft, portion of the existing building as shown in red on site plan. ~ - CONDITIONS OF APPRú.lÚ.: MM 84-26 - PAGE 3 OF 3 PLANNING DEPARTMENT 23. Applicant to record an easement allowing access between the motel and the sub1ect bulding and to allow the shared use of ten parking spaces on the motel site. Easement to meet the approval of the City Attorney and be so written that it cannot be given up without the approval of the City of Campbell. All shared spaces to be properly signed to indicate joint use. BUILDING DEPARTMENT 24. No comments.