601 El Patio Dr. (72-29)
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ORDINANCE NO.
921
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BEING A~ ORDINANCE AI.IENDING THE i.ONING MAP
OF THE CITY OF CAHPBELL, CALIFORNIA.
The City Council of the City of Campbell does ordain as
follows:
SECTION ONE: That the Zoning r'!ap of the City of Campbell
toccthcT ,d th amendments thereto, is hereby chanrcd and amc;;uled.
Sai d amendments be ing out 1 ined on the map a t tach~d hereto en tit Ie (1
Exhibit IIA".
Said amendment to the Zoning Map is made: ;:;ubject to the f('11m'l-
ing conditions:
1.
Property to be fenced and lan¿scaped as indicated and 2S
added in "red" on plans.
2.
Landscape plan indicating type of plant ~ateTial, location
of hose bibs or sprinkler system and type of fencing to he
submitted for approval of the Planning Director.
3.
Landscaping shall be maintained in accordance with the
approved l~ndscape plan.
4.
Faithful performance bond in th(~ amount of $2,000 tu }:'c":
po:,:.tcd to insure landscaping, fencing and striplni.', of
p;nking area withir.l three (3) months of complctio;, oJ:'
construction, or applj cant may file h'ritterl ;.:~greetiìent "".0
complete léuHlscaping, fencing and striping of par1dllg étH,3
prior to final buildjng dcpartm~nt clearance.
5.
Trash container(s) of a size and quantity necessary to
serve the development shall be located in arca(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 Fire Department.
6.
That the storID sewer system be connected to the system
along the State Highway.
7 .
That the easterly access road be dedicated to the
public as a city street.
8.
Access to Salmar Avenue shall bs provided in the event
this project is changed from a senior citizens' project
to a project other than for senior citizens.
9.
Parking in accord with zoning code requirements shall be
provided in the event the project is changed frem a senior
citizens' project to a project other than for senior citizens.
10.
Information related to age characteristics and parking
shall be provided to the City on an annual basis and in
accord with an agreement to be approved by the City
Attorney and Planning Director. Said agreement shall
include a definition of Senior Citizen.
PASSED Al'-JD ADOPTED this 10th
by the following roll call vote:
day of
December
, 1973
AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
Doetsch, Hammer, Paul,
Podgorsek, Chamberlin
None
None
APPROVED: Dean R. Chamberlin
---- 1>fayor
ATTEST:
Dorothy Trevethan
City Clerk
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Public hearing held by the
Planning Commission on
November .5, 1973
EXHIBIT "A"
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PLANNING DEPARTMLNT
CITY OF CA11PBELL
75 NORTH CENTRAL AVENUE
CAMPBELL, CALIFORNIA
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DATE:h,: V':': :,',-T
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CONDITIOHS ATTACHED TO "s" APPROVAL OF PLANS OF
~.:, 1 '.. un:
, FOR CONSTRUCTION OF
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TO BE LOCATED AT
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CONDITIONS:
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Section
21.42.090 of the Campbell Municipal Code reads as follows:
Any approval granted under this section shall expire one year after
the date upon which such app~oval was granted, unless an extension
for such approval is obtained by making written application for same
to the Planning Commission at least fifteen (15) days prior to the
expiration date of such approval.
No building permit shall be issued after the expiration date of any
approval until a new approval has been obtained in the manner provided
for in this Chapter.
GRANTED BY THE CITY OF CAMPBELL PLANNING COMMISSION AT A REG~4AR
MEETING HELD ON THE "t., day 'of ' l' , 191. .
CITY OF CAMPBELL PLANNING COMMISSION
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BY:
ARTHUR KEE, SECRETARY
CONDITIONS OF PDP!WVAL - "s" 72-29
I.
Property to be fenced and landscaped as indicated on approved
landscape plan.
2.
Landscape plan indicating type of plant material, location of
hose bibs or sprinkler system and type of fencing to be submitted
for approval of the Planning Director at time of application for
building permit. All planter areas to be enclosed "rithin 4" to
6" raised concrete curbs.
3 .
Landscaping shall be maintained in accordance with the approved
landscape plan.
4.
Faithful performance bond in the amount of $3,000 to be posted
to insure landscaping, fencing and striping of parking area
within three (3) months of completion of construction, or
applicant may file written agreement to complete landscaping,
fencinß and striping of parking ara prior to final building
department clearance.
4.
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.
5.
This project will be developed as an F.H.A. 236 Project for
senior citizens.
6.
An agreement between the applicant and the City of Campbell
shall be executed establishing the project for senior citizens
exclusively.
The applicant is notified as part of this application that he is
required to meet the following conditions in accordance with
Ordinances of the City of Campbell:
A.
All parking and driveway areas to be developed in compliance
with SectioQ 21.50.010 of the Campbell Municipal Code. All
parking spaces to be provided with appropriate curbs or bumper
guards.
B.
Underground utilities to be provided as required by Section
20.16.070 of the Campbell Municipal Code.
c.
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.
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D.
Sign application to be submitted in accordance with provisions
of the sign ordinance for all signs. No sign to be installed
until applicution is approved and permit issued by the building
department.
E.
Enter into agreement for improvement and maintenance of access
road from [1 Patio to the development and for participation of
property in a local improvement district for El Patio area.
F.
Process and file parcel map.
G.
Storm drainage area fee in the amount of $3,645.00.
H.
Class 2ABC fire extinguishers shall be provided in approved
cabinets.
I .
On-site fire system shall be provided.
be approved prior to construction.
Plans for system shall
The applicant is notified that he shall comply with all applicable
Codes or Ordinances of the City of Campbell which pertain to this
development and are not herein specified.
,
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PLANNING DEPARTMENT
CITY OF CAi\[PBELL, CAL IFORNIA
TO:
APPLICANTS FOR "s" APPROVAL, VARIANCE OR USE 1>Ef\¡\!ITS
The name (s) and Recorder's Number, of legal owner (s) of
subject property must be supplied as part of application. A
~
photo copy of deed may be. submitted for this information.
Please fill in necessary information:
...,
Russell Ferr~nte
J acqua line A. Ferrante:. ,.
~ame (s) as shown on Deed
Jack Errington
Fern Errington
Name (5) as shown on Deed
I. 3926945
kecorder's Number
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For Office Use Only
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Filed as part of application for
for
Filed
by-
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(6) Russell Ferrante &
Jack Errington
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Your No.
Our No.
21080S/KO
In response to the above referenced application for a policy of title insurance, Transamerica Title
Insurance Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof,
a California Land Title Association Standard Coverage form Policy of Title Insurance describing the land
and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by
reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded
from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form.
This report (and any supplements or amendments thereto) is issued solely for the purpose of facili-
tating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that
liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should
be requested.
Dated as of
December 22,19 70, at 7:00 A.M. ~ ~ ~
I Title Officer
The estate or interest in the land hereinafter described or referred to covered by this Report is:
FEE SIMPLE
Title to said estate or interest at the date hereof is vested in:
RUSSELL FERRANTE and JACQUALINE A. FERRANTE
,
his ~ife, as Joint Tenants, as to an undivided
1/2 interest and JACK ERRINGTON and FERN ERRINGTON,
~is ~ife, as Joint Tenants, as to an undivided 1/2
lnterest
At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained
in said policy form would be as follows:
Form No. sc.n4 Rev. 2.70
The land referred to in this Report is situated in the State of California, County of Santa Clara,
Ci ty of Campbell, and is described as follows:
SEE EXHIBIT IIAII ATTACHED HERETO AND MADE A PART HEREOF.
SPECIAL INFORMATION
Unless shown in the body of this preliminary report there appears of record no transfers or agree-
ments to transfer the land described herein recorded during the period of six months prior to the date of
this report, except as follows: (12/22/70)
GRANT DEED dated December 14, 1970 from Walter R. Keesling and Audrey
H. Keesling, his wife, Mona May Keesling, his wife, Robert L. Keeslinq,
an unmarried man, and Joseph T. Voytek and Betty B. Voytek, his wife,
to Russell Ferrante and Jacqualine A. Ferrante, his wife, as Joint
Tenants, as to an undivided 1/2 interest and Jack Errington and Fern
Errington, his wife, as Joint Tenants, as to an undivided 1/2 intereE;t,.
recorded December 22, 1970, Series No. 3926945, Santa Clara County
Records.
Page 2/210805
Form No. 734.2
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EXHIBIT IIA'I
Eleven and 45/100 acres of land bounded on the North and West by
Southern Pacific Railroad Company's right of way, on the East by
the 22.15 acre tract deeded to Chas. F. A. Helliesen, recorded
September 8, 1882 in Book 64 of Deeds, page 400, South by the
land of F. M. Righter whose North line is the South line of the
North 1/2 of the Southeast 1/4 of Section 26, being the same land
as deeded to A. C. Keesling by the San Jose Brick Company and
recorded on August 31, 1910 in Book 362 of Deeds, page 187, Santa
Clara County Records.
EXCEPTING THEREFROM so much of the above described parcel of land
lying Easterly of the Westerly line of that property as conveyed
to the State of California by Deed recorded June 11, 1957 in Book
3817 of Official Records, at page 578.
ALSO EXCEPTING THEREFROM Parcel No.2 of the above Deed to the
State of California, more particularly described as follows:
BEGINNING for reference at the Northwesterly corner of that 22.15
acre tract of land described as Parcell in the Deed to Mervyn S.
Keesling, recorded December 6, 1947 in Book 1537 of Official Records,
at page 281, Santa Clara County, said corner being at the intersection
of the center line of Hamilton Avenue with the Southeasterly line of
the Southern Pacific Railroad Company's 50 foot right of way; thence
along said Southeasterly line, South 42° 20' 2211 West 514.28 feet and
along a tangent curve to the left with a radius of 5704.75 feet,
through an angle of 4° 06' 30.211, an arc length of 409.06 feet to
the TRUE POINT OF COMMENCEMENT; thence continuing along said South-
easterly line from a tangent that bears South 38° 13' 51.811 West
along a curve to the left with a radius of 5704.75 feet, through an
angle of 5° 37' 51.811, an arc length of 560.67 feet and South
32° 36' 0011 West 19.94 feet; thence North 36° 52' 2911 East 571.50
feet; thence North 24° 22' 3811 West 17.97 feet to the true point of
commencement.
CONTAINING 0.169 of an acre, more or less.
ALSO EXCEPTING THEREFROM all that portion thereof deeded to Santa
Clara County Flood Control and Water Conservation District, by Deed
recorded May 1,1964 in Book 6487 of Official Records, at page 34,
and more particularly described as follows:
PARCEL 1 as shown on a Record of Survey recorded in Book 171 of Maps,
page 54, in the office of the Recorder of Santa Clara County,
California.
TOGETHER with rights and privilleges over adjacent parcel of land
deeded to Santa Clara County Flood Control and Water Conservation
District as contained in deed recorded May 1, 1964, in Book 6487
of Official Records, page 34.
Page 3/210805/12/22/70
QUITCLAIM DEED dated December 14, 1970 from Audrey H. Keesling,
wife of Walter R. Keesling, to Walter R. Keesling, a married man,
to establish his sole and separate property, recorded December 22,
1970, Series No. 3926946, Santa Clara County Records.
QUITCLAIM DEED dated December 14, 1970 from Joseph T. Voytek, husband
of Betty B. Voytek, to Betty B. Voytek, a married woman, as her sole
and separate property, recorded December 22, 1970, Series No. 3926947,
Santa Clara County Records.
QUITCLAIM DEED dated December 14, 1970 from Barbara J. Keesling, wife
of David M. Keesling, a married man, to establish his sole and separate
property, recorded December 22, 1970, Series No. 3926948, Santa Clara
County Records.
SUBJECT TO:
A.
Taxes for the fiscal year 1970-71 a lien as follows:
2nd Installment $6.34 PAYABLE
Bill No. 287-67-004 - Code Area 10-041
(1st Installment $6.34 PAID)
2nd Installment $1,078.47 PAYABLE
Bill No. 287-67-002 - Code Area 10-041
(1st Installment $1,078.47 PAID)
1. Right of the public in that portion of said property lying
within the line of Hamilton Avenue as it now exists.
2. Right of Way for a single line of poles for transmission
and distribution of electricity and for all pruposes connected
therewith, as granted by Mervyn S. K~ling, sometimes known as
M. S. Kessling to Pacific Gas and Electric Company, a corporation,
recorded November 24, 1931, Book 392, page 233, Official Records.
The route of said line of poles and wires across said land shall
be as follows:
BEGINNING at a point in the Northerly boundary line of said 22.15
acre parcel of land from which a brass pin, marking the most Easterly
corner of that certain 6.89 acre parcel of land described in that
certain Deed executed by A. C. Keesling, et ux, to Mervyn S. Keesling,
dated February 25, 1927 and recorded in Book 499 Official Records, at
page 175, Records of said Santa Clara County, bears North 89° 59'
West 80.5 feet distant; and running thence South 58° 16' West 171.5
feet; thence South 38° 311 West 402.0 feet; thence South 37° 38'
West 244.0 feet; thence South 5° 35' West 454.0 feet; thence South
17° 10' West 227.0 feet, more or less, to a point in the Southerly
boundary line of said 11.45 acre parcel of land.
Page 4/210805
3. The right to excavate for, install, replace, (of the initial,
or any other size), maintain, and use for' conveying storm drainage,
such pipe line or lines over a strip of land 15 feet in width, as
granted in the Deed from Walter R. Keesling, et aI, to the City of
Campbell, a municipal corporation, recorded November 5, 1959, Book
4598, page 383, Official Records.
4. The right to erect, maintain, replace, remove and use a line
of poles with all necessary and proper crossarms, braces, anchors,
guys and other appliances and fixtures for use in connection
therewith, and to suspend therefrom, maintain and use such wires as
second party shall from time to time deem necessary for the
transmission and distribution of electric energy, together with
a right of way along said line of poles over and across said premises,
as granted in the Deed executed by Mervyn S. Keesling, et aI, to
Pacific Gas and Electric Company, a California corporation, recorded
August 24, 1962, Book 5697, page 293, Official Records.
5. Lack of Abutter1s rights in and to the freeway adjacent to
the Northerly and Easterly line of said premises, said rights having
been released and relinquished by Deed from M. S. Keesling, et aI,
to the State of California, recorded June 11, 1957, Book 3817, page
578, Official Records.
6. Easement for General Public Utilities over the Southerly 10
feet of premises as granted to Pacific Gas and Electric Company,
a California corporation by deed recorded March 23, 1970, Book 8866,
page 599, Series No. 3780741, Official Records.
7. Deed of Trust to secure an indebtedness of $82,786.00, and
any other amounts payable under the terms thereof, dated December
14, 1970, recorded December 22, 1970, Series No. 3926949, Santa Clara
County Records.
Beneficiary:
Russell Ferrante and Jacqualine A. Ferrante,
his wife, as Joint Tenants, to an undivided 1/2
interest and Jack Errington and Fern Errington,
his wife, as Joint Tenants, as to an undivided
1/2 interest
Transamerica Title Insurance Company,
a California corporation
Walter R. Keesling, a married man, as his sole and
separate property, Mona May Keesling, a single woman,
David M. Keesling, a married man, as his sole and
separate. property" Robert L. Keesling, an unmarried
man, and Betty B. Voytek, a married woman, as her
sole and separate property, all to an undivided 1/5
interest each.
Trustor:
Trustee:
Page 5/9 Copies
210805/RS/ic
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the following described real property in the City of
Campbell, County of Santa Clara State of
California:
All of Lot 14 as shown upon that certain Map
entitled, "Tract No.2 Rancho Del Patio",
which Map was filed for record in the office
of the Recorder of the County of Santa Clara,
State of California, on February 17, 1931 in
Book Y of Maps, at page 26.
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This Agreement made and entered ;:;ìt the day and year hereinafter set
forth, by and between !~/I1(( R.E/J '/\v'. 4IJL (C £ 11. Ñ /!./!¡¿(2. , as
First Party, and the Bc.:THEL CHURCH, 1670 Moorpark Avenue, San Jose, Califor-
nia, as Second Party.
\^lITNESSETH:
That in consideration of their mutual promises and agreements, the parties
hereto do hereby agree as follows:
I
First Party agrees to grant to Second Party an easement across that certain
real property of First Party, situate in the City of Campbei I, County of Santa
Clara, State of California, more particularly described in the attached Exhibit "A"
referred to and by such reference incorporated herein.
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Said easement shall be of a width as may be required by the City of Campbell
and the eastern boundary of said easement shall be co-terminous with the eastern
property line of the property over which said easement is given.
III
That in consideration of said easement, Se~ond Party agrees to pa y to
,
First Party the sum of One Hundred Dollars ($100.00) per month for a period of
twenty (20) years. The property taxes on said property fof'the tax year 1970-71
were' $220 per year. If the taxes increase by rea son of improvemen~s installed on
the èasement, excepting fencing and ariveway to First Party's garage, Second
Party shall pay such increase in taxes.
N.
First Party is reserving a life estate in the property subject to an easement
for ingress and egress upon adjacent property to be developed under the sponsor-
ship of Second Party, Upon'the death of the last survivor of First Party, Second
Party shall receive a deed title upon the land of said easement, free and clear of
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åny encumberances .
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Second Party shall at its sole cost and expense install a fence on the
westerly boundary of said property with a gate near the rear boundary I to pro-
vide access to garage of First Party,
VI
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First Party reserves the right to terminate and cancel said easement in
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Second ¡".r:
the event of the sale by Party of said property within said 20 year period.
VII
The parties agree said easement shall be used for traffic ingress and
egress only and for no other purpose.
VIII
The granting of this easement is subject to approval of a project by the
City of Campbell and the Federal Housing Administration to be sponsored by
Second Party.
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IN WITNESS V\THEREOF the parties have set their hands this 19'74...
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FIRST PARTY:
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L. DIEL
ATTORNEY AT LAW
POST OFFICE Box 354
SARATOGA, CALIFORNIA 95070
TO
INITIAL
& DATE
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PHONE (408) 867-4329
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June 28, 1972
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City of Campbell
161 Grant Street
Campbell, Calif. 95008
Attn: Bill M. Helms
Associate Civil Engineer
FILE
RE: "S" 72-29, Bethel Church Application
Dear Mr. Helms:
I have looked through my files in the above matter and through
my appointment diary and am unable to dig up specific dates
for the chronology of events that you have requested. Some
time in November or December of 1971, we found that the small
parcel of property on Salmar Avenue that is apparently resi-
dual was owned by a Hamilton Land Company. We ran down the
Hamilton Land Company through various sources and offered to
byy the property so as to pave the way for the railroad cross-
ing ingress and egress northerly, removing several of their
parking spaces. Following this I contacted a representative
of Southern Pacific, whose name escapes me at the moment, and
inquired into their position in the event we desired to put
a crossing from the Bethel Church property to Salmar Avenue.
At that time, they told me it was the position of the Public
Utilities Commission to strongly discourage private crossings
as a matter of fact, I was advised that they were even attempt-
ing to minimize public crossings in negotiations with cities.
At that time, I was advised that a request for private cross-
ing would go about 90% against.
At that point and now we're into early spring of 1972, we under-
took to acquire the second right of way to provide two accesses
to the property as presented in the current application.
I trust this answers your letter. I am sorry that I am unable
to come up with any more specific data but unfortunately I wa~
working out of my home at that time and did not have an office
and, of course, some of my notes on the subject were absent.
,ve:YJ}::;lY yours, /J./~ ... ) ..... 'I //.11.
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July 13, 1972
MEMO
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TO:
Bill M. Helms, Associate Civil Engineer
FROM:
D. N. Va1kenaar, Assistant Civil Engineer
SUBJECT:
Te1econ with Bob MacDonald, S.P.R.R.,
This Date Regardinq New R/R Crossings
Regarding the possibility of a new grade crossing from
Salmar Avenue to the parcel between the railroad, the
freeway and the E1 Patio Drive tract, MacDonald indicated
the following:
Private Crossinq--A private crossing would be very difficult
to obtain--virtua11y impossible by a developer.
Public Crossinq--A public crossing is very possible if parcel
is truly access-blocked. It would have to
conform with railroad and p.U.C. construction standards and
P.U.C. protection standards (probably means gates).
The railroad would look upon new crossing even more favorably
if we could trade the existing public pedestrian crossing at
Foote and if the crossing would be built at no expense to
railroad.
Any new crossing request will take a lot of time to obtain the
necessary approvals.
I will check on probable construction and protection standards
required and get ball-park cost estimates.
<.r/l/)Î,/
DavicY-N! va/rkenaar,
Assistant Civil Engineer
DNV:1s
75 NORTH ì..
City of Campbell
.RAL AVENUE. CAMPBELL. CALIFORNIA 95009
N£ 378-8141
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SIGNED
REPLY
SIGNED
DATE
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June 13, 1972
Mr. William Diel
Attorney-at-Law
P.o. Box 354
saratoga, California
REs
"s" 72-29, Bethel Church Application
Dear Mr. Diels
At the r~quest of the Planning commission of the
city of Campbell, the Department of Public Works has
agreed to inquire into the feasibility of construction
of a grade crossing of Southern Pacifics line to gain
access to Salmar Avenue for the Church's property north
of El Patio Drive.
Would you kindly provide me with a chronological
summary of your pa8t efforts in this regard? Thank you
for your cooperation.
Very truly yours,
WILLIAM G. WREN,
DIRECTOR OF PUBLIC WORKS
By Bill M. Helms,
Associate Civil Engineer
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