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150 Gilman Ave. (78-11) - ThIs doc..!" t hM not been compared with the Orfg¡:':111. SANTA CLARA COUNTY RECORDER 12007099 NO FEE 111 FILED FOR RECORD AT REQUEST OF NOTICE OF RELEASE BY CITY OF CAMPBELL ;',1,- C, ~ \ c I JUL 20 8 0) AM '93 OFFtCM.. ~iL. , NOTICE IS HEREBY GIVEN concerning the real property 10~~rf~{;~UNTY of Campbell, Santa Clara County, California, and described specifically as fð"¥W~~:pE Recorded in Book 9951, Page 530 of Official Records on August 1, 1972. That the undersigned City of Campbell granted conditional approval of certain improvements on the above-described real property on December 15, 1978, pursuant to a Deferred Street Improvement Agreement entered into between the City and the Owner recorded in the official records of the Santa Clara County Recorders' office in Book E267, Page 209. That Jon Krase, et aL, Owner of said real property, executed a petition for the formation of a special assessment district created pursuant to any special assessment act as provided in the Streets and Highways Code of the State of California, and participated and became a part of that special assessment district. That special assessment district No. 30 entitled Dillon-Gilman LID #30 was in fact created and included the real property described above. That as a result of the creation of this special assessment district, Owner will not be responsible for, and is hereby released from, the construction and/or installation of the street improvements delineated in the Deferred Street Improvement Agreement of December 15, 1978, recorded in the Official Records of the Santa Clara County Recorders Office at Book E267, Page 209. CITY OF CAMPBELL Dated: 7)Lh3 I I BY:~~ It hit ¿ /{/p) i. ¿; .e ~ c; ~ (Title) DGRELSE.FRM(12)(DG DISK) Parcel #54 " / I CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2110 FAX (408) 379-2572 Department: Public ,Works March 20, 1991 Rev. Sandra M. D'Angela Aureus Center of Light 1329 Star Bush Lane San Jose, CA 95118 Dear Rev. D'Angela, In your March 5, 1991 letter to Mayor Kotowski, you requested a response from our Planning Director regarding conditions that could have potentially been placed upon issuance of a use permit at 164 Gilman Avenue. Since the potential conditions that concerned you came from the Public Works Department, I would like to respond to your concerns. In response to your request for a use permit at 164 Gilman, Public Works was recommending that a condition be applied to the issuance of that permit that would require the current property owners to update the existing agreement for installing standard street improvements for this frontage. The intent of this requirement was no~ to commit the property owners to any new conditions, but to bring the current owners into an unders~anding of what will be expected for the fulfillment of this agreemen~. You are correct in stating that the new agreement requires some changes that could have resulted in higher costs to the property owners if they agreed to update the existing agreement to our current form. The cost to the Ci~y to review plans and inspect the construction of improvements has increased over what was allowed for in the existing agreement. Unfortunately, previous agreements contained a specific dollar amount identified to cover these reviews. Our current practice is to use a percentage of the construction costs to estimate these review costs. This new practice would undoubtedly require additional funds from the property owners. CITY OF CAMPBELL You are also correct in pointing out that this is an increase in obligation to the property owner, which may be considered as a new condition that is not related to your potential use of the site. If your use would have increased the activity of the site over and above the current use, then such a condition may have been justified. However, with your proposed application, no increased usage is anticipated. Therefore, the proposed condition for updating the existing agreement to the new, form will not be placed on your application should you decide to follow through with the use permit application. We have cleared up several misunderstandings within our department regarding your situation and I appreciate you bringing this matter to our attention. Please let me know if you have any further questions. Sincerely, (' ,,"","1 I , ; fl. . ¡ I ," ." '.' ". II, ,- ,I I' , ! Donald C. Wimberly Public Works Director cc: Michael F. Kotowski, Mayor Tom Frutchey, City Manager Steve Piasecki, Planning Director MQ:UP02 MEMORANDUM CITY OF CAMPBELL To: Steve Piasecki Planning Director Date: March From: Michelle Quinney t4Q Public Works - Associate Engineer Subject: USE PERMIT CONDITIONS FOR 164 GILMAN AVENUE ---------------------------------------------------------- Thank you for providing me (yes~erday) with the copy of Rev. Sandra D'Angela's letter regarding conditions proposed by Public Works for her potential use permit application at 164 Gilman Avenue. I regret that Ms. D'Angela feels she has been treated unfairly by the Public Works Department and would like to respond to her concerns. I will be composing a response to her as well as to the property owners to help them understand the City's position on this matter and to clear up any misunderstandings. I will have a letter out to Ms. D'Angela and the property owners by March 20th and will copy both you and Mayor Kotowski on these letters. 'S (\0 ~,~~ , çee. '-"'-~ ~" l., ç LM<.e..e'ð-\.e. i \ '^ cf... c c-=~ ~v-, ç e-, (A)-<-.. '^ / Lö~v (-; f~~ u~ c- J '-"-~~- ~~ -k",,--S. C C',/V'",- (~~-"-~- \-ù ~ (' \ J ,!-\ ) ~\.t!-C)J<" ~\_, .i. ,He 1 , ~ 'v'- - \c, ~..'""ù~ c ,~ Ì-f ,::'.J r ~ \c,^- -Í' ,- ----:L- -\-C~ - ,", ~ <c ~. \'ì.--V'-O:.--..J J' e-'t k1\j c,,~' Cc a~ G:S'~"'*--- ~ ,-,'~ , \ L .1 ,.;J (ev,'V t'fV'-.- -..........,-~ ~cv - . - >'" ... ~., , '.. ... ""'" ,-- r ~\' ~., r¡ :-~; ~n MAR 0 Ü 1991 :~~) GiTY 0:.- [,A¡..:j--Jr¡:-., f - ---- re, ~~"~~~Ii\;G DEPARTMI::NT AUREUS CENTER OF LIGHT REV. SANDRA MARIE D'ANGELA 1329 STAR BUSH LANE SAN JOSE, CALIF. 95118 ,-~----- Harch 5, 1 991 City of Campbell 70 N. First Street Campbell, Calif. 95008 Nl"!'N: MAYOR r-UCHAEL KOTOHSKI Dear Hayor Kotowski, Thank you for answering my letter on February 13, 1991. Your letter stated I would have a response from your Planning Director by February 20th. As of this date March 5, 1991 I have received no response. I am requesting a response within a week as I feel sometimes things get "put aside" and not dealt with. I would like to have this response in order to put this matter to rest. ~~y~ ;LQ (2 7~ ~e~~ D'Angela Aureus Center of Light ~, f/--{2Lf1k '---- CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL. CALIFORNIA 95008 (408) 866-2100 OFFICE OF THE MAYOR February 13, 1991 Rev. Sandra M. D'Angela 1329 star Bush Lane San Jose, CA 95118 Dear Rev. D'Angela: Thank you for your inquiry. I have referred your letter to Steve Piasecki, our Planning Director, who will provide a response for you by February 20. If you haven't heard by then, or if you have any additional concerns or information you would like to share, please do not hesitate to call Mr. Piasecki or me at 866-2100. ".-- -,;7L.6<P~~.g~~ Michael F. Kotowski Mayor MFK:jjs cc: Steve Piasecki f:D3 --~--~-~-----~-~----- ~~A Ré.. Sandra M. D'Angela 1329 star Bush Lane San Jose, Calif. 95118 February 5, 1991 RECEIVED ,ffB j 1 1991 Cì~-~G~'S~~ City of Campbell 70 N. First street Campbell, Calif. 95008 Attn: Mayor Michael Kotowski Dear Mayor Kotowski, On January 18, 1991 I applied for a use permit in Campbell Planning Department. I was planning to lease a 500 sq.ft. portion of a building on Gilman Avenue which I believe is zoned commercial. The use of this building was to be for a church meeting place on Sundays only so it would never interfere with daily business during the week. As you will note on the enclosed copy of my application request letter to the Planning Department, this is an auxiliary church of a parent church which is just being formed, so this is a very small organization. As you will also note in my letter and application papers I complied with all that your people asked me to do. Two of the people in planning also made a physical inspect~on of the proposed building property and after reviewing my application intimated to me that this was a very small issue and that they really didn't see any problems but that it was the Planning Commission's final decision. I also asked that they hold the very substantial filing fee of $1300.00 until they had received a fairly positive feeling that this request would be approved. I asked this because I was told this fee would not be refunded if my request was denied. Curtis and Randy who work in the planning department were extremely courteous and I appreciated their consideration very much. Then I received a phone call from planning saying the Public Works Department needed to have an updated "agreement" from the owners of the building that pertained to certain street improvements. There is at this time a binding agreement in force when the owners of the building purchased it. I asked this person what did this agreement have to do with me obtaining a use permit and his reply was ~ 1L.uL,.JIIJJI- -ð~~Allr~u~t.--.. (meaning the Ci ty) . That sta emen .really caused me concern for _1I"UJlI,H!J~ '- nilIT'. Page 2 I spoke to my boss who is also owner of the building and she called the Planning Department and they related that this was only - UL~~,arifJI,,'l.L.Tl1Ût~_tJiJlJI¡.I.'. She went to the City to plC up a "sample agreement" and after re- viewing it and comparing it with the "original agreement" found several changes that would result~ _Á.IJ _n'81íJ1IIŒ.'J'flitllrnIRf"'I""'j........~"g..lJIlIf. She further sent this" agreement" to her attorney for her review and her attorney concurred that this "agreement" certainly was changed from the original and that if she signed it would certainly result in .li8 ..~ LI~fI.MI- ~. mnnltlll lllr~tl.llJ~nd her signature .would require her to sign a document ~ s _r .1DJ!llI1J 1- . This seemed very unjust also. By this time we are both very upset because a condition was placed that had ~!.IIWJíllJl.lt~&llß'lll!1, ~ and felt like a very strong manipulation on the part of the City. (I would also like to add if the Planning or Public Works thought that added traffic would be added to that street it is quite inconsequential -- 10-12 cars at the most, as was previously explained to planning and public works. I was appalled at this time of interaction. My boss again spoke with your representative in the Public Works Department explaining that there were many changes on this "new agreement" and asked again why it was necessary since there is aIr ',~ t between the ity and her as owner. This person in Public Works nd said she would just see JArti&..W'III8JML After several days my boss was informed that if she didn't sign the new agreement I would not get my use permit. My boss also asked if the signing of agreement would apply if she wanted to do something else with her building and your representative said "1 rr....IJlIUJ;.LI._._.i!lL~",¿f ~. In one word this seems to me like blackmail. Mayor Kotowski,I really believed that the City of Campbell was a small dedicated City one who strived to uplift the com- munity and prided itself with a sense of care for people. I felt comfortable having our organization in a quiet and caring atmosphere. I am having a hard time accepting the unjustness of this action and I can now understand how even on a minute issue how actions such as this prove to separate instead of an integrated working together. If a city handles issues by manipulation instead of working in mutual accord how can we ever have a world at peace? This issue was in obtaining a use permit, not an issue of street improvements. Page 3 My boss was very gracious to extend a very reasonable lease to me and we are a non-profit organization with very little beginning funds, and now we face the task of finding a suitable meeting place for a nominal amount and it is heart wrenching that because of the former issues mentioned we cannot fufill our needs. We are an organization of service not of taking but in giving to help make this a better place to live. 50 now as it stands this issue has left much disappointment and disillusionment about the City of Campbell and a concern that issues such as this will too affect other people. The City of Campbell has gained nothing, have instead lost $1300.00 plus other fees that might be required such as a business license etc. This just doesn't make sense to me. I felt compelled to write to you for it is only when the truth of ones being is expressed that perhaps change and growth can occur for another. I felt as leader of this City you would want to know how these situations affect members of the community. I appreciate your time in reviewing this letter and I respectfully request a reply from you in regard to this matter. I hope you feel the situation deserves a re- sponse from you. I work full time in addition to my ministerial duties and I can be reached during the day at 370-1485 or replied to at the address listed on this letterhead. With". ~ty, C_f- ) '. ~ , / <-Lo' IL~~d"r/~ ev. 5andr~ Marie D'Angela Aureus Center Of Light Santa Clara \bI~ Water District 5750 ALMADEN EXPRESSWAY SAN JOSE. CALIFORNIA 95118 TELEPHONE (408) 265.2600 March 21, 1979 Mr. Joe Elliott Director of Public Works City of Campbell 75 North Central Avenue Campbell, California 95008 Dear Mr. Elliott: We have reviewed the improvement plans for the lands of Eberhardt, APN 413-09-03, adjacent to Los Gatos Creek, which we received from the Creative Design Company on February 8. Please have the developer design the outfall in accordance with the District's design guide for outfa11s, copy attached, and show sufficient information, with a true cross sectio~ so that the existing creek at the outfall and for a distance of 20 feet, both upstream and downstream of outfall, can be determined. Also please have the developer show the existing bicycle path on the sections. This area has been landscaped. Please have the developer show the existing landscape on the plans and any future landscaping proposed. Also, site grading should be shown on all future plans. In conjunction with the above, all comments contained in our letter of June 7, 1978 (copy enclosed) still apply. Please send revised improvement plans for our review and issuance of a permit. Sincerely yours, WF~~~ W. F. Carlsen Division Engineer Design Coordination Division Enclosures: (1) Letter, (2) Outfall Details cc: Creative Design Company 740 Camden Avenue Campbell, California Attention Mr. Norman Mr. Richard Schneider, City of Campbell (w/enc1osure) 95008 Garcia Planner II R'ECEIVED t,.' ,. ., AN AFFIRMATIVE ACTION EMPLOYER PV.LI:J t{JI~,\3 -c. . (\ Er~GINEti(¡.'h1 RESOLUTION NO. )j~?- .J,- BEING A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH E. L. EBERHARDT. WHEREAS, there has been submitted to the City Council of the City of Campbell by E. L. Eberhardt an agreement for the development of his real property in accordance with prescribed conditions; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the Mayor be and he is hereby authorized to execute the said agreement on behalf of said City. PASSED AND ADOPTED this by the following vote: (I day of )<~(""-L {< L- < I , I ,1979 AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: APPROVED: Mayor ATTEST: City Clerk /, ~{~ A G R E E MEN T THIS AGREEMENT, (iden!ified as No. Dln.(85)) made and entered into this I:f day of ¡ i( c.pn '?~1~ , 19 7 Ý , by and between E.L. EBERHARDT, an unmarried man. hereinafter referred to as "Owners", and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of Cal- ifornia, hereinafter referred to as "City". WITNESSETH: WHEREAS, Owners did heretofore on May 16 , 1978 , apply to City for approva 1 in order to construct two warehouse - bulldings upon that certain real property described by that certain Quitclaim Deed recorded Auqust 1 , 19 72 , and filed in Book 9951 of Official Records at page 530 in the office of the Col1nty Recorder of the County of Santa Clara, State of California, which property is hereinafter referred to as "said real property"; WHEREAS, at its regular meeting held August 14 19 78 , the City Council of City did consider said application and grant its approval thereon subject to certain con- ditions thereof as contained in Ordinance No. 1179 NOW, THEREFORE, IT IS MUTUALLY AGREED TO by and between the parties hereto as follows, to wit: (1) It is agreed to that Owners are not required to prepare and/or cause to be prepared a parcel map in accordance with the provisions of the Subdivision Map Act of the State of California, which map shall be submitted to the City Engineer of City for examination, approval and recordation within thirty (30) days from the date hereof. It is further agreed to that if Owners choose to, or are required to, submit a parcel map, Owners shall pay City the sum of SEVENTY-SIX AND NOll 00------------------------------ -------------------DOLLARS ($76 .OO--------~ for the examination of the tentative and final parcel map. (2) It is further agreed to that Owners shall provide, con- struct and/or install at their own proper cost and expense upon Gilman Avenue throughout the frontage of said real property public street im- provements consisting of, but not limited to, the following: 1 of 6 FIRST: Provide and construct City of Campbell standard curb and gutter, sidewalk and driveway approaches, consisting of Portland Cement Concr~te, as shown upon the improvement plans for said real property 'approved by the City Engineer of City. gECOND: Provide and construct City of Campbell standard pavement structures consisting of untreated crushed rock base course and asphaltic conc'rete surface course or approved, equivalent in accordance with said approved improvement plans. THIRD: Provide and co~struct City of Campbell standard storm water inlets, storm sewer manh~les, stor~ sewer mains and laterals as shown upon said improvement plans. FOURTH: Grade said real property in accordance with approved building plans. FIFTH: Provide and install City of Campbell standard street monument boxes, street name signs, regulatory signs and sign posts therefor, barricades and redwood headerboards, as shown upon said improvement plans. SIXTH: Provide and install City of Campbell standard street light steel poles, with upsweep bracket arms, luminaires, with individual integral photoelectric cells, electrical under- ground conduits with conductors and junction boxes, all as shown upon said plans and as approved by said City Engineer. SEVENTH: Provide and install or cause to be installed a water distribution system, including fire hydrants and appurtenances to serve said real property as shown upon said plans. EIGHTH: 'Provide and install a sànitary sewerage system to serve said real property as shown upon said plans. NI~~H: Provide and ins~llan underground electrical energy system and an underground telephone system to serve said real property. TENTH: Provide and plant street tr~es of a variety and size as shown upon the plans and as approved by said City Engineer. 2 of 6 .~. "",--~-,~----",-- .~,.~-----"._.-_._,...- .,.-. (3) It is further agreed to that Owners shall provide and construct and/or install all of said public street improvements when Owners are so notified to do so by said City Engineer of City. (4) It is further agreed to that all of said improvements shall be constructed and/or installed within twelve (12) months from the date that Owners are notified by said City Engineer to do so: provided, however, that in the computation of said twelve-month period, delays due to or caused by acts of God, viz., unusually inclement weather, major strikes, other delays beyond the control of Owners shall be excluded. It is expressly understood and agreed to that if Owners shall fail to complete the work required by this Agreement within the said period of twelve (12) months, the City, after giving ten (10) days written notice thereof to Owners, may construct and/or install said improvements and recover the full cost and expense thereof from Owners. (5) It is further agreed to that Owners shall prepare or cause to be prepared at their cost and exp~nse improvement plans for the construction and/or installation of said public street improvements, which plans shall be prepared by a civil engineer licensed by the State of California, which plans shall be submitted to City Engineer of City for his examination and approval and which plans shall be submitted to City Engineer when Owners are so notified by said City Engineer. (6) It is further agreed to that the construction work of the improvements embraced by this Agreement shall be done in accordance with the Standard Specifications of the Depart- ment of Public Works, Division of Highways, State of California, dated January, 1973, and in accordance with the Specifications of the City of Campbell and Sanitation District No.4 of Santa Clara County, where indicated. WHEREVER the word "State" or words IIDivision of Highways" are mentioned in the State Specifications, it shall be consi- dered as referring to the City of Campbell. Also, wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the Specifications of the City of Campbell and Sanitation District No.4 of Santa Clara County, the Specifications of the City of campbell and Sanitation District No.4 of Santa Clara County shall take precedence over and be used in lieu of such conflicting portions. (7) It is further agreed to that Owners shall deposit with City, when called upon to do so, for office examination of improvement plans, field inspection of construction of improvements and all necessary expenses incurred by City in connection with said improvements and all necessary expenses 3 of 6 incurred by City in connection with said real property the sum of THREE HUNDRED SEVEN AND NO/1OO---------------------------------------- ----------- -----------------------------------------DOLLARS ($307. OO-~ . (8) It is further agreed to that Owners shall file with City, upon execution of this Agreement, a bond in the amount of EIGHT THOUSAND EIGHT HUNDRED AND ,NO/100------------------------------- DOLLARS ($ 8.800.00u-i to insure full and faithful performance of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distribution system. Said bond shall guarantee that Owners shall correct and defect which may appear in said work within one (1) year from the date of acceptance of the work by City and pay for any damage to other work resulting from the construction thereof, as well as paying the cost of all labor and materials involved. This bond shall remain in full force and effect until one (1) year after date of final acceptance of said improvements. (9) It is further agreed to that City reserves the right to revise storm drain design shown on approved improvement plans provided Owners are given reasonable w~itten notice of City's intention to make revisions. Reimbursement amount will be adjusted by difference between revised storm design and pre- sently approved storm design, in accordance with City of Campbell Storm Fee Schedule. (10) It is further agreed to that when called upon by City to do so, Owners will execute a petition for the formation of any special assessment district created pursuant to any special assessment act as provided in the Streets and Highways Code of the State of California created for the purpose of constructing and/or installing any or all of the public improve- ments herein described. (11) It is further agreed to that Owners shall partici- pate in and become a part of any special assessment district as described in paragraph (10) of this Agreement. It is expressly understood that any obligations of Owners contained in this Agreement that are accomplished to the satis- faction of said City Engineer by said special assessment dis- trict shall be considered null and void. (12) It is further agreed to that Owners shall make such deposits or file such bonds and enter into such agreement as required by Sanitation District No.4 of Santa Clara County to insure the installation of a sanitary sewerage system to serve said real property, and that Owners shall file with City, upon execution of this Agreement, a letter, from said Sanitation District No.4 of Santa Clara County stating that Owners have made such deposits or filed such bonds and entered into such agreements. 4 of 6 . -.-. ,~-~ (13) It is further agreed to that Owners shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground wiring circuit to all electro- liers within said real property, when Owners are notified by either the City Engineer of Campbell or the Pacific Gas and Electric Company that the said fees are due and payable. (14) It is further agreed to that Owners shall make such deposits or file such bonds and enter into such agreement as required by Campbell Water Company when called upon to do so to insure the installation of a water distribution system to serve said real property, including fire hydrant. (15) It is further agreed to that any easement and right of way within or without said real property necessary for the completion of the project shall be acquired by Owners at their own cost and expense. It is provided, however, that in the event eminent domain proceedings are required for the purpose of securing said easement and right of way, Owners shall deposit or cause to be deposited with City a sum cover- ing the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto such sums as may be required for legal fees and costs, enqineering and other incidental costs shall be deposited with City. (16) It is further agreed to that Owners shall carry out any and all negotiations with all interested parties and shall perform or cause to be performed at their own cost and expense and to the satisfaction of the City Engineer any and all work required to abandon, remove, raise, lower, relocate and other- wise modify irrigation line or lines within the boundary of said real property. (17) It is further agreed to that the storm drainage area fee in connection with said real property and in conformance with the requirements established by Section 20.16.060 of the Campbell Municipal Code is in the amount of THREE HUNDRED SIXTY- SEVEN AND NO/lOO---------------------------DOLLARS ($367.00----------). (18) It is further agreed to that Owners shall indemnify and save harmless the City of Campbell, the City Council and the City Engineer, and any and all other officers or employees of City from any suits, claims or actions brought by any per- son for or on account of any injuries or damages to persons or property sustained or arising in the construction of the on- site work due to any acts, omissions or negligence of Owners, their officers, agents, employees or contractors. (19) It is further agreed to that the above-named terms and conditions shall bind the heirs, successors, administrators or assigns of Owners. 5 of 6 .. (20) This instrument is and shall be considered to be an instrument affecting the right, title, interest in or posses- sion of the real property hereinabove. described. IN WITNESS WHEREOF, said City has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the c~ty Council, and said Owners have hereunto caused their names to be affixed the day and year first above written. CITY OF CAMPBELL Mayor City Clerk OWNERS ¡; /.~~ E.L. EBERHARDT j STATE OF CALIFORNIA, COIIt of Santa Clara 0" this 1 ~tn lJecemDer flay of } b,!orun" .""""VY~grnTá 'W!~@~f1.rndr'd alld ninety-eight Stat' Of Carl' d ,a Nolary Public. 'o"'"a, tliy cOMmisJiOf"d and 1'UJ0NJ, þ,,"IOM/ly aþþ,ar,d- - Eo L. I:.tSl:.KHARDT -.-. ---- ---- 1..0WfI to m, to b, tA, þ""IDfL.-'ØlIto't ttØmt is.. p'lIm;il'.:¡:II;¡J¡;¡;¡¡¡í¡¡;¡I;:"'l..¡lm":!I:;'I.:,!¡;.:::,nUl::;~':; and achowl,dg,d 10 mt IItoI--k IfIblcribtd 10 Ih, within inslrum'"l I'æ~""""'" 0'7' C'.AI. ~rAl £: --.lz,Ctlttd 1M stIme. ,'./ ,0'\ ~I'::":!',.< r'~'~ru" ;;:. IN WI . ~ .,..,....J,' VI. '.'" .1" rd. ..,.1. - " := !NESS WHEREOF I - """""'0 t m . ,.I::,,~~~ -:~1 ,,~~'._-..r:~~::.('.: '.,.;:,Q, § .tM sald CØIIIIt f. §anta CfarðÑntd"¿Ø/fi.ndmyo/fiCi4/"al \'~:i;', """"~ -..1: yo tL~-_.J . E ~, ./ !' ~ i . . -;, 7 '. ,"~. ;~ v H cm'llCalt first øbovt ","tl("fl, lie' uay ...... ytar en this , Mf Co"'nli,,::>~ br,¡'C's :..,"~~ ~,'. '9:1 Š . "WlltIW'."""""""""'O,m""¡¡¡;;¡""":"""""iJ ~'~ A Co<c"'c""'. p- H~ 32-.0_-...-_. ~ '. See. 1189) e- ....... 'II, C . rRINTED a..I..'1 8a.,..0 -y ~'.'IOD Ezpi,... ~;:", I'ubIi<. grato of CoIilomi. ~~ ~ -- - --- - - .,"-- ~ ~- .:-~ ~::c- ""..,.::~" 0' -"'"'-~-':~-'"~'-"- f; (e . Z~)/17 (ð \ - ) m'::QUEST FOR C'\Ní:r:u.A'l'JC, F TAXES BY PUBLIC AGENCY BEc.,_,: OF ri~"~~~~á~980 A"O"l11','T«'1"-' "n'.!!,;',? I'FVf'."j'T " TAX!~'H),,¡ ('('T\k' "'fY""ICN A9ß6 FT ('FQ J~ --..- . .------ :.~-~~~'~.~~-~~~_.~~~,._~~._~~~-~~,:.~~--~~'._~~-,~...~-~~~~' ~~~._-'-~~- Da~~~:!:J~. ---"'.-, TO: EOA.RD OF SUPERVISORS of Santa Cbra County, State of Ca)¡[orn;., Gend'~men: The undersigned autJ:nrizcd agent of tb~ u..----...._..C;XIx.--QLJAt1~J~J!:._~...----_.._-_..---------..,---------..----.--u--_...... (public <li':cncy) hereby rcquc~ts that yO\! rom.r,nt to the c<lHceIlation of taxe:; agaimt the foHowing dc~;r.rih(~d property, spcc:f;c GcS{:rjplÍon at- tached, Lu:~usc of a.uj1Ús;tioll by the said public 3gency pLlr~:L!ant to Revenue &: Tax;<tioll Cod,; Section "r9ßG et sccj., ;lnd hcrd:y declares uncle..- p:~na¡ty of perjury or. !xhalf of the said public 2gency that the luform:ttion J¡cïí::ln is true and correct. --.-----.---- - - ----.---.- N;une of Requesting Ago;cy CITY OF CAMPBELL Sign.~"ï~reof Authorized Agent -----,--,,---.--- --,"-~.~--------_.- Sigm.:d at -_._-~.------ -"'------"'_n______----... ----------"---'-" Phyl]is O. Ac~er, Cit~~___- Date ¡. muircd: IReco;d~r'" Serial No./boaL &. pc,', Assessed to --,'.:"-.-',--- ~",','- -"------=--~"-,"--,"~",~,""- ., ,6~~~~~"8,,., D~ L..-'i,_..' ~-,-L. Eberh[a~d~" ,.~, l' ---, ' ---"--'-~--", - how I.n:'"lred: [ ] . ~ ~ ~ I /t.':.St,,~'~"'"Œl;¡T :\'0, (Al'l~) COD,. AR<,A . ".j.r., '¿:~'!.~.~:.':"_._I~]-=-'::.:'.:.2:~::m'- L.__~~~-9-~___._._-",--- -- ___om. --------,--------,..~_.__. -... r-ìltebnu by COW-! Ordcr. (l'lezst' "ttat:h crdr." fer paymc:"lt to public agC¡1C» <--.1 . ----_._.~---------_._----_..... -- --..--------------- ------..--------- -.... ----_..--~--_._.__._-_.---- LAND IMP, 1'1'11.;,. PRO?, EXEl"fPl' NET TOTAL OTm~R .----.- _._---- _.._-~--~.. ------------...... '-"------- --- --"'-'--"-"- "--"'---'--_.._._~..,- SEE ATTACHED ',',' f'.~' ," ,-- 0.' ",7 ',,~, f'\' rt l:: . ~~"" j .~ V; J:: \ ~) , , ". '-' -.. . '- ,.' ,\.) ENe! ì\ t. \~.l:,HG: 'Qi.. IUW )/.7 ~----~-- --- --~---~-- ------- / /c..-.~ CITY OF CAMPBELL rJô þ~ (\,~~./o ¡tV' '<J.'- PI! ~. DIn (85) 75 NORTH CENTRAL AVENUE CAMPBELL, CALIFORNIA 95008 (408) 378-8141 December 18, 1978 Department: Fire CERTIFIED MAIL Mr. E. L. Eberhardt 555 South Twenty-fourth Street San Jose, CA 95116 Dear Mr. Eberhardt: Re: 150 - 164 Gilman Avenue This letter is a reminder that the water main serving the above noted development is not of a sufficient size to supply the fire hydrant that is being required. Would you please make the necessary arrangements with the Campbell Water Company to have a water main of a sufficient size installed to deliver the Required Fire Flow. I have asked that the Building Department hold the issuance of a bui lding permit until these arrangements have been made. If you have any questions, please feel free to give me a call. Sincerely, E. W. Borden, Fire Chief ca~l ~.. ~partment S~~f Fi re Prevention Bureau EWB: SAL : mm cc: B u i I ding Dept. . Engineering Dept.,~~- Campbell Water Co. -. ...... . '" '::: f"- or-.r~....;...".. !!..tJ r.... L~ ~.~ ,~ \. D'. 'L \' ~ L;~.. : ) . '.'" ¡ \"lu MEMORANDUM To: From: BUILDING DEPARTMENT PUBLIC WORKS DEPARTMENT Subject: PUBLIC WORKS DEPARTMENT REQUIREMENTS CITY OF CAMPBELL Date: i ---------------------------------------------------------- 1 The requirements of the Public the following development: APPLICANT BUILDING ADDRESS COUNTY ASSESSOR'S PARCEL NUMBER APPROVAL NUMBER PUBLIC WORKS FILE NUMBER ..J ..J W« mz a:: f-D.o a.:E~ wc:«( u U U.J W L1....J Q: 0 æ >~ t-u - u Works Department have been satisfied for I I '; ¡ - , ' , \J IJ) IJ) w a: 0 0 <i w ::!; « z I! , I " , . (.,?, '. .' , )~ ;;'~, "', U ' /:i . , , , ~;:\ ) """- '. .; ,'" ) ~ ~ a::':~~'" 0 ' LL " " ~. " " \) ~ c\ ~N ~ 'J JOSEPH ELLIOTT DIRECTOR OF PUBLIC WORKS By: Date: ~ \ = C> C> 9 C:;> C:;> . f"\ r- 0'\ \..0 .-- M i iC « I -Ie iC IJ) <i iC « u 0 <1: <1: 0\ °, 0 0 0 0 C'\ lJ') r-.... '0 a: w 0 c:> C) a: 0 r- r- , I >- CD CD w z 0 C...;J U ;;; LU l.u 0 t:::> <i 0 0 a:: w (J] ::!; ::> z 0 z ::> LL ::( ~, u "'-, w ' I U ,,' ~' ",,- " '1 ~ I ~ . (\:~ ~~; ~ ~ "'; ~ ~tj j 1) ~1Y) 0 ~ 'N ~ ~ "-« S 0 u u « w ::> z w > w a:: w Z 0 ' ~-Z~ 2:ðoo(o Woo(oÜ: ~~~OII "'Woo(Q "'OIIQW :¡:~::¡Z ~"'oo(C) ~>¡¡; :I @ >- aJ ...J ...J W (J] & a. ,>- ::!; 1~ ,I. 0 >- I- U N 0") 0") t 00 8 M æ N ¡:: U City of Campi '/ 75 NORTH CENTRAL AVENUE \PBELL, CALIFORNIA 95008 PHONE 378-8'4' LEDNA R.,DJ FROM ~ 'I N f\.I 51\J'I t:E: ¡;¿ SUBJECT PD 7ß-ì \ DATE IZ-Is-ìô MESSAGE Me, E, L. E eEl< HA R ï:JT HAs> Pfi Ii:) TI-lE I::: I R..E !1'-1DK/il\rr RENTAl- FtE: FOR- IS.O-/~4 e'L') J A I\) Av E ~ YOU HAD R.E-C>Uf. ,";TFb Tt~ AT Of\. ¡¡:::- 'S./K¡:::FT H\JhI?HI\.\r p,¡::. PRn\ ' I -)F D 4 SIGNED J.1.-' 'v $;'¡1.ACÚ2Á / - -L.< j . v' L~ REPLY v ./ SIGNED DATE 013 @, A G R E E MEN T THIS AGREEMENT, (identified as No. Dln.(85)) made and entered into this day of , 19 , by and between E.L. EBERHARDT. an unmarried man. hereinafter referred to as "Owners", and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of Cal- ifornia, hereinafter referred to as "City". WITNESSETH: WHEREAS, Owners did heretofore on May 16 , 1978 , apply to City for approval in order to construct two warehouse - bulldings upon that certain real property described by that certain Ouitclaim Deed recorded AuQust 1 , 19 72 , and filed in Book 9951 of Official Records at page 530 in the office of the Co11nty Recorder of the County of Santa CTara, State of California, which property is hereinafter referred to as "said real property"; WHEREAS, at its regular meeting held August 14 , 19 78 , the City Council of City did consider said application and grant its approval thereon subject to certain con- ditions thereof as contained in Ordinance No. 1179 NOW, THEREFORE, IT IS MUTUALLY AGREED TO by and between the parties hereto as follows, to wit: (1) It is agreed to that Owners are not required to prepare and/or cause to be prepared a parcel map in accordance with the provisions of the Subdivision Map Act of the State of California, which map shall be submitted to the City Engineer of City for examination, approval and recordation within thirty (30) days from the date hereof. It is further agreed to that if Owners choose to, or are required to, submit a parcel map, Owners shall pay City the sum of SEVENTY-SIX AND NOll 00------------------------------ -------------------DOLLARS ($76.00--------~ for the examination of the tentative and final parcel map. (2) It is further agreed to that Owners shall provide, con- struct and/or install at their own proper cost and expense upon Gilman Avenue throughout the frontage of said real property public street im- provements consisting of, but not limited to, the following: 1 of 6 FIRST: Provide and construct City of Campbell standard curb and gutter, sidewalk and driveway approaches, consisting of Portland Cement Concr~te, as shown upon the improvement plans for said real property approved by the City Engineer of City. SECOND: Provide and construct City of Campbell standard pavement structures consisting of untreated crushed rock base course and asphaltic conc.rete surface course or approved equivalent in accordance with said approved improvement plans. THIRD: Provide and construct City of Campbell standard storm water inlets, storm sewer manh~les, stor~ sewer mains and laterals as shown upon said improvement plans. FOURTH: Grade said real property in accordance with approved building plans. FIFTH: Provide and install City of Campbell standard street monument boxes, street name signs, regulatory signs and sign posts therefor, barricades and redwood headerboards, as shown upon said improvement plans. SIXTH: Provide and install City of Campbell standard street light steel poles, with upsweep bracket arms, luminaires, with individual integral photoelectric cells, electrical under- ground conduits with conductors and junction boxes, all as shown upon said plans and as approved by said City Engineer. SEVENTH: Provide and install or cause to be installed a water distribution system, including fire hydrants and appurtenances to serve said real property as shown upon said plans. EIGHTH: Provide and install a sànitary sewerage system to serve said real property as shown upon said plans. NINTH: Provide and ins~llan underground electrical energy system and an underground telephone system to serve said real property. TENTH: Provide and plant street tr~es of a variety and size as shown upon the plans and as approved by said City Engineer. 2 of 6 (3) It is further agreed to that Owners shall provide and construct and/or install all of said public street improvements when Owners are so notified to do so by said City Engineer of City. (4) It is further agreed to that all of said improvements shall be constructed and/or installed within twelve (12) months from the date that Owners are notified by said City Engineer to do so; provided, however, that in the computation of said twelve-month period, delays due to or caused by acts of God, viz., unusually inclement weather, major strikes, other delays beyond the control of Owners shall be excluded. It is expressly understood and agreed to that if Owners shall fail to complete the work required by this Agreement within the said period of twelve (12) months, the City, after giving ten (10) days written notice thereof to Owners, may construct and/or install said improvements and recover the full cost and expense thereof from OWners. (5) It is further agreed to that OWners shall prepare or cause to be prepared at their cost and exp~nse improvement plans for the construction and/or installation of said public street improvements, which plans shall be prepared by a civil engineer licensed by the State of California, which plans shall be submitted to City Engineer of City for his examination and approval and which plans shall be submitted to City Engineer when Owners are so notified by said City Engineer. (6) It is further agreed to that the construction work of the improvements embraced by this Agreement shall be done in accordance with the Standard Specifications of the Depart- ment of Public Works, Division of Highways, State of California, dated January, 1973, and in accordance with the Specifications of the City of Campbell and Sanitation District No.4 of Santa Clara County, where indicated. WHEREVER the word "State" or words "Division of Highwaysll are mentioned in the State Specifications, it shall be consi- dered as referring to the City of Campbell. Also, wherever the IIDirectorll or IIDirector of Public Worksll is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the Specifications of the City of Campbell and Sanitation District No.4 of Santa Clara County, the Specifications of the City of Campbell and Sanitation District No.4 of Santa Clara County shall take precedence over and be used in lieu of such conflicting portions. (7) It is further agreed to that OWners shall deposit with City, when called upon to do so, for office examination of improvement plans, field inspection of construction of improvements and all necessary expenses incurred by City in connection with said improvements and all necessary expenses 3 of 6 incurred by City in connection with said real property the sum of THREE HUNDRED SEVEN AND NO/1OO---------------------------------------- ----------------------------------------------------DOLLARS ($307. OO-~ . (8) It is further agreed to that Owners shall file with City, upon execution of this Agreement, a bond in the amount of EIGHT THOUSAND EIGHT HUNDRED AND NO/1OO------------------------------- DOLLARS ($ 8.800.0Qu-i to insure full and faithful performance of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distribution system. Said bond shall guarantee that Owners shall correct and defect which may appear in said work within one (1) year from the date of acceptance of the work by City and pay for any damage to other work resulting from the construction thereof, as well as paying the cost of all labor and materials involved. This bond shall remain in full force and effect until one (1) year after date of final acceptance of said improvements. (9) It is further agreed to that City reserves the right to revise storm drain design shown on approved improvement plans provided Owners are given reasonable w~itten notice of City's intention to make revisions. Reimbursement amount will be adjusted by difference between revised storm design and pre- sently approved storm design, in accordance with City of Campbell Storm Fee Schedule. (10) It is further agreed to that when called upon by City to do so, Owners will execute a petition for the formation of any special assessment district created pursuant to any special assessment act as provided in the Streets and Highways Code of the State of California created for the purpose of constructing and/or installing any or all of the public improve- ments herein described. (11) It is further agreed to that Owners shall partici- pate in and become a part of any special assessment district as described in paragraph (10) of this Agreement. It is expressly understood that any obligations of Owners contained in this Agreement that are accomplished to the satis- faction of said City Engineer by said special assessment dis- trict shall be considered null and void. (12) It is further agreed to that OWners shall make such deposits or file such bonds and enter into such agreement as required by Sanitation District No.4 of Santa Clara County to insure the installation of a sanitary sewerage system to serve said real property, and that Owners shall file with City, upon execution of this Agreement, a letter, from said Sanitation District No.4 of Santa Clara County stating that OWners have made such deposits or filed such bonds and entered into such agreements. 4 of 6 (13) It is further agreed to that Owners shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground wiring circuit to all electro- liers within said real property, when Owners are notified by either the City Engineer of Campbell or the Pacific Gas and Electric Company that the said fees are due and payable. (14) It is further agreed to that Owners shall make such deposits or file such bonds and enter into such agreement as required by Campbell Water Company when called upon to do so to insure the installation of a water distribution system to serve said real property, including fire hydrant. (15) It is further agreed to that any easement and right of way within or without said real property necessary for the completion of the project shall be acquired by Owners at their own cost and expense. It is provided, however, that in the event eminent domain proceedings are required for the purpose of securing said easement and right of way, Owners shall deposit or cause to be deposited with City a sum cover- ing the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto such sums as may be required for legal fees and costs, enqineering and other incidental costs shall be deposited with City. (16) It is further agreed to that Owners shall carry out any and all negotiations with all interested parties and shall perform or cause to be performed at their own cost and expense and to the satisfaction of the City Engineer any and all work required to abandon, remove, raise, lower, relocate and other- wise modify irrigation line or lines within the boundary of said real property. (17) It is further agreed to that the storm drainage area fee in connection with said real property and in conformance with the requirements established by Section 20.16.060 of the Campbell Municipal Code is in the amount of THREE HUNDRED SIXTY- SEVEN AND NO/100---------------------------OOLLARS ($367.00----------). (18) It is further agreed to that Owners shall indemnify and save harmless the City of Campbell, the City Council and the City Engineer, and any and all other officers or employees of City from any suits, claims or actions brought by any per- son for or on account of any injuries or damages to persons or property sustained or arising in the construction of the on- site work due to any acts, omissions or negligence of Owners, their officers, agents, employees or contractors. (19) It is further agreed to that the above-named terms and conditions shall bind the heirs, successors, administrators or assigns of Owners. 5 of 6 (20) This instrument is and shall be considered to be an instrument affecting the right, title, interest in or posses- sion of the real property hereinabove' described. IN WITNESS WHEREOF, said City has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the C~ty Council, and said Owners have hereunto caused their names to be affixed the day and year first above written. CITY OF CAMPBELL Mayor City Clerk OWNERS ç:/~ E.L. EBERHARDT (Notary Certificate) 6 of 6 taithful Performance Bond No. Premium 304463NC $528.00 KNOW ALL MEN BY THESE PRESENTS: Whereas, The City Council of the City of Campbell, State of California, and E.L. EBERHARDT (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated ecember 15 , 19~, and identified as No. Dln. (85) is hereby referred to and made a part hereof; and Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and Amwest Surety Insurance Company, as surety, are held and firmly bound unto the City of Campbell, hereinafter called "City", in the penal sum of EIGHT THOUSAND EIGHT HUNDRED AND NOjlOO----_u---------- ----------u_--------- dollars ($ 8,800.00------) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, snd shall indemnify and save harmless said City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void¡ otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfu~ enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. I of 2 In witness whereof, this instrument has been duly executed by the pr inci:r:'a 1 and surety above named, on December 15, 19~. WITÎ'<"'ESS OUR H}\NDS this 19~_. 15th day of December PRINCIPAL E. L. Eberhardt By: .-6;/ 6~ E.L. EBERHARDT SURET{ Amwest '1 Insura,~"," '",c"~"m,, ,a,ny \ ' . L J ~ /~ \ "'" . 1 "" Attorx;Þy In F\ct / '~"~"'--'-'-- BY: (Attach Acknowledgments) (Both Principal's) (Surety's Attorney in fact) STATE OF CALIFORNIA, COUNTY OF Santa Clara ss. On December 15, 1978 , before me a Notary Public, within and for the said County and State, personally appeared Cheryl M. Bnt:nand , known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of and for the AMWEST SURETY INSURANCE CO., and acknowledged to me that he subscribed the name of the AMWEST SURETY INSURANCE CO. thereto as Surety, and his name as Attorne' act. ~IIIIIIIIIIIIIIIIIIIIII'!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~ = OFFICIAL SEAL = § '1'~ ',,", S~OïT D. AN:;CHUL TZ ~ :: """, .~;;.;;if;. NOL\~Y P'.I3'..I::-CALlF:);NIA ::: = " ¿\'.>~;>,'~~. ml: ICIP/.L :)¡:~!-::: it~ = ASI.IO8 1-77 I~~t<:.~""" SANTA CLARA COUNìY Ë æ My Comm. Expires Aug. 20, 1980:; illllllllllllllllllllllllllllllllllllllllllllllllllllllllllll~ /b- ..JEST SURETY INSURANCE COMPAl\ 10960 Wilshire Boulevard, Suite 2200 Los Angeles, California 90024 Telephone 213: 479-3953 AI POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That AMWEST SURETY INSURANCE COMPANY, A CALIFORNIA COR PORATION does hereby make, constitute and appoint Cheryl M. Burnand its true and lawful Attorney(s)~in~Fact, with full power and authority for and on behalf of the company as surety, to eXf'.cutf'. and deliver and affix the seal of the comr>any thereto 11 a seal is required, bonds, undertakings, recognizances or other written obligations in the nature thereof, as follows' and to bind AMWEST SURETY INSURANCE COMPANY thereby, and all of the acts of said Attorneys-in-Fact, r>ursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following [nOVI sions of the By-Laws of the company, which are now in full force and effect: Article III, Section 7 of the ByLaws of AMWEST SURETY INSURANCE COMPANY This Power of Attorney IS signed and sealed by facsimile under and by the authority of the following resolutions ador>~ ted by the board of directors of AMWEST SURETY INSURANCE COMPANY at a meeting duly held on December 15, 1975. RESOLVED that the president or any vlce-r>resident, in conjunction with the secretary or any assistant secre~ tary, may appoint attorneys~in~fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the comr>any to execute and deliver and affix the seal of the com pany to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be ILalid and binding upon the company (i) when signed by the president or any vice~president and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president or any vice~president or secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more aHorneys~in~fact or agents pur~ suant t9 and within the limits of the authority evidenced by the power of attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, AMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be hereunto affixed this 2nd day of Decanber 1 9~. STATE OF CALIFORNIA, COUNTY OF LOS ANGELES - ss On this 2~aY of Decsnber A,D., 1976 , personally came before mE David M. Werneburg and Ril'".Mm H ~;:nT~1JE' to me known to be the individuals and officers of AMWEST SURETY INSURANCE COM- PANY,CALIFORNIA who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. ~""',,'.'H",""""',""" """"WI""', ';""""""""""""h"""'I~.. I: ~"è OFFICIAL SEAL I ff \ ,'; JOHN L. SAVAGE i ~ 1Þi. ,~~ NOT ARY PUBLIC. CAUFORtM I . PRINCIPAL OFFICE IN I ' ' LOS ANGELES COUNTY My CommisaiOfl Expires Aug. 10, 1980 ~ a..... ""-" III R '"NO '"III "111"1" ""'" "'.. "'"' .,_.. ,...ow.t. (SEAL) -I ~ é ~ ~ No"" '°'" STATE OF CALIFORNIA, COUNTY OF LOS ANGELES - ss CERTIFICATE the I, the undersigned, . secretary of the AMWEST SURETY INSURANCE COMPANY, a California corporation, PO HEREBY CERTI FY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the By-Laws of the company and the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. San Jose, Calif. this December 78 19_. Signed and sealed at AW-2 ,..., ; : ' , . ,¡I':~/,.', ",~\''" " ~ ',0,' ';t11:\~;"t' , 8' '. , ,. t't i,', :~~V"'" ¡; '. i' , : J\, ,. . ¡', ... ,~ " ,:i;i:, i~ ,.., ~ I A ~LAKA ~uur y tLUUU ~UI\II HUL ANU VVA I tK DIS 1 KIl; I, :)8n Jose, California -By W HUlchin50nÞ8te 7"< ).73 Chkd.8y Dlte.SheetNo. 20A of Subject Rt!!eommenc/~~: "'-Typical---Grachn9 Adíp-cen-f ro Job No. Ð'5triar- R/W. - I it .. I/o/If! 'f wi" hY" O,~¡." c I- RjW (.5~e note Iff I) , , : ~, ¡ , ,/ ' f)ç~~/opmt#?"" , 1 , ,¡ ,I, ' : '1:/ , , c;;: o~ F/aff'er /"~"/"'II'::-/ ~ ~ , - _. "-::"/!..::..!./'-.;:.!i/ 5.:..1!,.--.:.. C'oncr'./!"te V-DIre;'? f5æ Shi. é'OB Finish oro.de. 4 J.lood~d .JnJ~¡ MINI-, "-. /2 lie. M. P Ourfo.l / "-------. . ----- -_:- . e very 500 ' OPTìON., @ ,=-, \ <- -.,'1)\~ 85 '..... ""', Existinj or "\, fÚture bank \ \ \ \ 5a.cked concrete I bank proret!tion / (see OutfaIIOeta.,) .5 h e e. r.) '¡'¡,'~~,."'rQ"i' '~l, fiIrì;'~' ~" ' , ' y ""'1>""". -; ð ",,' , . " \;, . i "., ' ,., Exist or fùture -lop 0-/ bon¿ " - ---- OPTION @ Not to Seale Note s : I) Addition.a/ R/ W may bi!! 11t!!t?ded. It- so} ren?()ve ex/sf ing fence (if (J,n y) o.nd Install new cho/n link. rel1ce on rina!¡R/w. 2) F'¡I/ p/a,:~d w,'~/-1 ,'I") x/ria" C/oro Vo//tli ~/t'" D,~h-"c'¡ I2/W /$ 7i:> be wlM 5-U"fo6/~ n?Q/~"',QI and a>h"lpoä~d fo 9ð'lt rela¡."¡/~ t/1 a cc..o".e:;I WI#' CoI-~s;. td2/b, 3) Any additional R/~ needed as a. result or opt"'()n t!hosen i~ to be ded¡"c:a-ted. ~) Any Qfh~,. ,ortJpo:,al wh/ch ~al,.slac..l-ør'¡t f>,t'V'/!t71:s o~"'-ðølfll!:. d n:Jt'noqt!? o,..,d ..}h~ pl(Jumtf}1- of I!r"/I t:J(?Ø""~;' .t?jw' '¡t!nt:~ 6'1 ::j1..rI"".t 10-1- oUlnu'S W' II ó~ Q,I~¡,"'av('d. ;I Corru9a.ted Aluminum or Stel:?/ Pipe. ':I',:o,;,"-",;,:.;;l;J!¡I:'it.¡¡;¡a::~iIiW";-""""'",,~,,",""'" ' ;'-",-"","h..u_",~~......~;.~'"C"~' ,.' ", ""L' ',-,="",-,-._-~...--==:=-,-~.._....... ,,-,~ .~,~,. . ...~..~. .. -- ..,..- :;:F::~;\J P-I I SA;"TA CLARA COUNTY FLOOD CONTHOL AND WATER DISTRICT, San Jose, California t~~5¡'¡':;"J> By W Hutchin~onD.t.~ -73 Chkd.By Cat8- 'ShettNo..20A of ,:;~ j!, SubJect Rt!!t!oml'nenc/l!cI""-Yf'ico..l--Grrt.dinq Acli~cenT -to Job No. Ð¡'str;(:tr " RIW. .. ~. ¡, P I' I' , . I, I ~,/.." ".~~'I~".¡,¡ " £)ç~/oprT)tnl A ¡ þ- I/Q/I~'f #oh",. O,~iY,c¡' RjW (.se.e note. Iff /) '-, " , , ,. , I' ,¡ ',,: '/ " / ':~~:i\fj'" . ¡/ ;¡.-', ',~ Existinj or ',. future banI< \ " ' CO/7crete V-DItch D!?e Shi. ¿OS Finish ora de. .;,' J.lood~d In'~1 'lid/-' /2 "c. M. P Outra/ / every 500' OPTìON, @ \ '\ 5acked concrete I . bank protectJ on ! (see Outfall Oeta~l .:sheer.) ¡r"',~ "- ~"--- ". """'-~'---_.,--,~-"... -"'" , ,,:~~'...\ , ~}'¡:" ,';Jr,;'.¡'/~ ' /'" ,""" }~~'ff*:';\ ,.t.~", ð ! ~ . " "- " " ExisÎ. or future -fop 01 bo,,¿ ,,- .:" " - ---- ( OPTION @ Not to Seale L Note s : I) Addition.a/ R/ W may b~ nl!!eded~ It- SOl remove exist in:; renc€ (if' ðn y) CJ.nd Inst"all nt'!w ella//? 'ink Tenet! on tina/¡/?/W 2) ;::-"/I,olo(;€d w,'N'I Ù? .30/110. Claro VOlII~1 ~/t"'" Ð,'$fI",cl I2/W /$ -,i, be with s¿¡,'106/~ n?olu"Q I ç,nel CL>/Ml'oc.'~cI fo 90': ~/a'¡'7¡/~ /,-, a c~rd WI#' CoI-~s¡' ~21', 3) Any additiona.l R/~ needed as a result of option ~hosen þ is to be. ded/t:a-ted. ¿¡) Any Q.¡h~,.. ,ortJf'()$al whlch 6t:ì/,.slac.l-øl",lt 'pI"'t!vl!'/1l;5 Ol/r!r-htMII:., d 1"O,'"oqe ond ..¡h~ pl()t.tmu~1- of .:1/1/ at¡ø".,s ~ L'/w I'~nc~ 6'1 ::¡'..,ltJI"~ 10-1' ownt!"!. w,'11 Ól' Q/~/~""QoJ('d. {;'., """.t " ~ !. " ~ Corru9 a. ted Aluminum or Steel Pipe, _. ó\-,",\ c.~~) -~-- Public Works October 10. 1978 , HþNDl/NG MR. E.l. EBERHARDT 555 South 24th Street San Jose. California 95116 Subject: 150-164 GILMAN AVENUE, CAMPBELL PD 78-11 Dear Mr. Eberhardt: Enclosed please find the originals and two copies each of the Agreement and Grant Deed for the above-subject project. Please sign and have notarized the originals and one copy each and return them to this office. The third copy is for your files. Also enclosed is a suggested bon~ form. If you choose to obtain a bond as surety, return one completed copy to this office. In lieu of a bond you may want to get a certificate of deposit or letter of credit from a bank; either of these is acceptable to the City. The following fees are payable to the City prior to the Building Permit being released: Fire Hydrant Rental Fee Storm Drainage Area Fee Total $195.00 367.00 $562.00 A grading and drainage plan needs to be submitted for our review and approval. Please submit it at least a week prior to the time you want to pick up your Building Permit. When all of these items have been accomplished and the grading and drainage plan has been approved, we will be able to recommend that the Building Department release your Building Permit. In the meantime, if you have a question, please call the undersigned at 378-8141, Ext. 220. Very Truly Yours, JAMES L. PENOYER Engineering Technician I LMS:mkc Enclosures By LYNN M. SNYDER Engineering Aide I .... .. I $44, (.4A¡;4V4 / -N- ~~ it ~ ~ ~ ~V" ~ ~ '* / '" ,.. ", "'. .". n. .." .J-.. :',: :..: : . '-,' :. .. . : ". :.. '..' ...' : , I..' ".' ..':.: p. H Ii:: '..: ..' ... ra:, ..' I.. .. BK. 1.1.;;~¡ ~.;i F:{~;. !.:.~.~ 0.4.93 :~: ¡:....c. ~ ~'-.. - '-.... ~I '-.... ~ P.O,B. '-....t ~ -h }l~oo' / / I\i "'60 o~. / 00', I,; / / LAND TO BE GRANTED TO THE CITY OF CAMPBELL SCALE: ," = 2.0' Dr. by L.M.S. Ck.by J.P. OCT. , 1978 OCT., 1978 ~' 'I Land to be granted to , (i!V Contains 577.00"t 9"ft. Prepared by the Office of the City Engineer, Campbell, California CITY ENGINEER IS CONSTRUCTION COST ESTIMATE FOR EBERHARDT - PO 78-11 150-164 Gilman Avenue 1. Clearing and Grubbing: a. AC removal: 154 sq. yd. @ 2.50 2. Earthwork: 3. 2077 x 1 - 77 cu. Yds. @ 10.00 27 - Underground Street Lighting System: a. 1 1/211 rigid galvanized metal conduit with two #8 AWG solid copper conductors: 115.4 lin. ft. @ 6.00 b. Electrolier, with photoelectric cell, 240-volt: .64 @ 1,200.00 4. Concrete Construction: a. Class A, PCC curb and gutter: 115. 4 1 i n . ft. @ 7.90 b. Class A, PCC sidewalk: 858.8 sq. ft. @ 1.85 c. Class A, PCC driveway approach: 237.5 sq. ft. @ 2.75 5. Street Construction: a. Alt. No.1: 1. Class 2 A.B., 1 1/211 max.: (2,077 sq. ft. )(0.67)( 0.07 )=97.4 tons @ 8.00 = = $ 385.00 = 770. 00 = 692.40 = 768.00 = 911.66 = 1,588.78 = 653.13 779.20 2. AC pavement, Type B: (2,077 sq. ft.)(0.33)(0.075)=51.4 tons @ 20.00 = 1,028.00 6. Misc. Surface Improvements: a. Street trees, 15-gallon size: 60.00 2 @ 30.00 = 15% Contingencies: = $7,636.17 = 1,145.43 = $8,781. 60 Sub Total: TOTAL: 1. Use $8,800.00 for bond amount. 2. Plan examination and construction inspection fee is $307.00. 3. Storm drainage area fee is $367.00. l480 x 765) 4. Fire hydrant rental fee is $195.00. Prepared by: LYNN M. SNYDER October 9, 1978 r' ~'ECEIVED AUG 2, \ I. "¡. ORDINANCE NO. 1179 PU';""')'!~ bUu Hl ~,!\y ENG\\'~ i¡\G 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 MR. E. L. EBERHARDT, PD 78-11). 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 'IExhibit A" entitled "Plans and Elevatlons", "Exhibit B", entitled "Development Schedule", "Exhibit C" entitled "Map of Said Property", and l'Exhibit D", entitled "Conditions of Ap~oval", as per the application of Mr. E. L. Eberhardt for approva1 of plans, elevations, and development schedule to allow construction of two warehouse bui1dings on property known as 150 and 164 Gilman Avenue 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 development and are not herein specified. PASSED AND ADOPTED this 14th by the following roll call vote: day of AUQust , 1978 AYES: Counei I men: Doetsch, Hammer, Paul, Podgorsek, Chamberlin NOES: Counei 1men: None ABSENT: Counci lmen: None APPROVED: Dean R. Chamberlin, Mayor ATTEST: Phyllis ~. Acker, City Clerk £FFECTIVE DATE: 9-1'-/-78 EXHIBIT D CONDITIONS OF APPROVAL PD 78-11 - Application of Mr. E. Eberhardt A. Revised elevations to be approved by the Planning Director upon recommenda- tion of the Architectural Advisor. Property to be fenced and landscaped as indicated and/or added in red on plans. Landscaping plan indicating type and size of plant material. and location of hose bibs or sprinkler system to be submitted for approval of the Planning Director prior to application for building permit., Fencing plan indicating location and design details of fencing to be submitted for approval of Planning Director prior to application for bu ¡ 1 ding pe rm it. Landscaping and fencing shall be maintained in accordance with the approved plan. Applicant to either (1) post a faithful performance bond in the amount of $3,000 to insure landscaping, fencing, striping of parking areas within three months of completion of construction. or (2) file written agreement to complete landscaping, fencing and striping of parking areas prior to final Building Department clearance. Applicant to submit a letter, satisfactory to the City Attorney limiting the use of the property to: 8.832 square feet of warehouse use. All mechanical equipment located on roofs to be screened as approved by the Planning Director. Park and Recreation Commission to review landscape plans prior to issuance of building permit. All 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. Underground utilities to be provided as required by Section 20.16.070 of the Campbell Municipal Code. 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. 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 the Building Depart~nt. (Section 21.68.0: of the Campbell Municipal Code.) B. C. D. E. F. ,¡ ., G. H. I. ~ . J. 1 ..\ K. ,', ',' .., L. , , , , M. , CONDITIONS OF APPROVAL PD 78-11 - Application of Mr. E. Eberhardt Page 2 N. 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. O. 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 Depart'ment. All enclosures to be constructed at grade level. P. Applicant shall comply with all appropriate State and City requirements for the handicapped. BUILDING DEPARTMENT Q. Tar and gravel roof covering shall be fire retardant. FIRE DEPARTMENT R. ,Provide one street fire hydrant at entrance of driveway. if l '!>5.. Oð" s. c=:- .----- .... Provide "2A-lOBCII fire extinguishers. PUBLIC WORKS DEPARTMENT T. 4f 3~ 7 Pay storm drainage area fee based on $765 per net acre. U. Dedicate right of way to 3D-foot half-street on Gilman Avenue. V. Enter Into an agreement and post a bond to insure the construction of street Improvements and agree to participate in a Local Improve- ment District. W. Provide a grading and drainage plan for the approval of the City £) ~ ~~ Engineer. ., x. Obtain an excavation permit for any work in the public right of way. The applicant is notified that he/she shall comply with all applicable codes or ordinance~ of the City of Campbell which pertain to this develop- ment and are not herein specified. r ; ~.t ":' " '.. eN ".' -"i,Jfj , , ~ ~ ~6~c ~/þ.'é.... Santa Clara Valley Water District ';\j 78 'I' Q , L'\,J , ,'~~j~m{ì ~,;h"" - 5750 ALMADEN EXPRESSWAY SAN JOSE, CALIFORNIA 95118 TELEPHONE (408) 265-2600 June 7, 1978 Mr. Arthur A. Kee Planning Director City of Campbell 75 North Central Avenue Campbell, California 95008 Attention Mr. Richard L. Schneider Planner II Dear Mr. Kee: We have reviewed the site plan for the lands of Eberhardt, your file PD 78-11, adjacent to Los Gatos Creek, which we received with your letter of May 22. This site would not be subject to flooding from any District facility in the event of a 1% flood. This District has no right of way requirements from this site. Because it can affect the operation and maintenance of the channel, we request that grading adjacent to the right of way be done in accordance with the enclosed sheets 20-20B. The details of the grading should include the cross-sectional view at the right of way and should be shown on the improvement plans. It would be desirable to incorporate the site's drainage into an existing storm drainage system. If a storm drain outfall into the creek is necessary, please design it to serve the general area to minimize the number of future outfalls needed. Please furnish outfall structure details for our review and issuance of a permit prior to advertising for construction. Design guides for outfalls will be furnished upon request. In accordance with District Ordinance 75-6, the owner should show any existing well(s) on the plans and inform us regarding their proposed use. Please contact Mr. Nichols on extension 259 for information about well permits. The creek is used to convey water for percolation. Any work within the waterway is to include provisions to pass the water. Arrangements for any control of water released should be dis- cussed with Mr. Larry Wilson on extension 368. AN AFFIRMATIVE ACTION EMPLOYER Mr. Arthur A. Kee -2- ~Tune 7, 1978 The Santa Clara Valley Water District right of way is also used for recreation, under the control of the City of Campbell. It may therefore be desirable to fence the right of way. Please show details of any fencing on improvement plans. Detailed site grading and improvement plans should be sent for our review and the issuance of a permit prior to construction. Sincerely yours, ORIGINAL S'GNED BY w. F. Carlsen Division Engineer Design Coordination Division Enclosures: (3) SCVWD Sheets 20 to 20B cc: Creative Design Company 740 Camden Avenue Campbell, California 95008 IMr. Joe Elliot Director of Public Works City of Campbell