Loading...
307 Orchard City Dr. (1987)ENCROACHMENT PERMIT APPLICATION - Application is hereby made for an encroachment permit in accordance with Chapter 11 of the Campbell Municipal Code. A. Address of Encroachment: 307 Orchard City Drive. B. Nature of Encroachment: Commercial building extends into lands of City of Campbell. C. Attached is a drawing showing the location, extent and dimensions of the encroachment and a legal description of the City property. When approved by the City Engineer, said drawing becomes a part of this permit. D. A non-refundable fee of $50.00 must accompany this application. Name of applicant: Orchard City Plaza Associates. Phone: 288-7800 Address: 307 Orchard City Drive, Campbell CA 95008 SPECIAL PROVISIONS: Applicant shall provide a Certificate of insurance, designating the City as an additional named insured, covering all liability that may arise out of the permitted encroachment, including coverage for liquor liability if applicable. The appiicant/Permittee hereby agrees by affixing their signature to this permit to hold the City of Campbell, it's officers agents and employees free, safe and harmless from any claim or demand for damages resulting from the permitted encroachment. 3. To avoid violation of the Rule against Perpetuities this permit is revocable by the Public Works Director. The Applicant/Permittee hereby acknowledges that they have read and understand the conditions of this permit ACCEPTED: Orchard City Plaza Associates by: Stan Davis, General Partner Date APPROVED FOR ISSUANCE: Donald C. Wimberly, Public Works Director City of Campbell Date ENCROACHMENT PERMIT ORCHARD CiTY PLAZA ASSOCIATES 307 ORCHARD CITY DRIVE DESCRIPTION CITY PROPERTY All that certain real property situate in the City of Campbell, County of Santa Clara, State of California more particularly described as follows: BEGINNING at the northwesterly corner of that certain parcel granted to the City oi Campbell by deed recorded in Book E264 of Santa Clara County Official Records at page i04 on February 2, 1979, said point being also a point on the easterly line of Central Avenue (50 feet wide)~ THENCE North 89° 55' 21" East, along the northerly line of said City of Campbell parcel, 12.00 feet; THENCE South 57° 34' 39" East, continuing along the northerly line of said City of Campbell parcel, 40.00 feet to the True Point of Beginning7 THENCE South 32° 25' 21" West, leaving the boundary line of said City of Campbell parcel, 15.00 feet; THENCE along a tangent curve to the left, concave northeasterly, with a radius of 4.00 feet, through a central angle of 90°, an arc length of 6.28 feet; THENCE South 57° 34'39" East, 8.00 feet to a point of cusp, said point being also a tangent point in the boundary line of aforesaid City of Campbell parcel; THENCE along the boundary line of said City of Campbell parcel, on a curve to the right that is concave northeasterly and tangent to a line that bears North 57° 34' 39" West, with a radius of 4.00 feet, through a central angle of 90°, an arc length of 6.28 feet7 THENCE North 32° 25' 21" East, along the boundary line of said City of Campbell parcel, a distance of 15.00 feet; THENCE North 57° 34' 39" West, along the boundary line of said City of Campbell parcel, a distance of 8.00 feet, to the TRUE POINT OF BEGINNING. Containing an area of 152 square feet, more or less. C AM ? L~F L LL ,~ V£ N U£ 074 ~,~.~ 1330 T.P.O.~. BUILDING £ ,VC /?04C#N£11T zl= ~o° /.=~.26~ CITY OF CA A4?~KI_ I TO ~£ VAC ,4 T~ L3 GRANT OF EASEMENT The CITY OF CAMPBELL, a Municipal Corporation of the County of Santa Clara, State of California, hereby grants unto MILES S. TULLY · and SHIRLEY TULLY, an Easement to allow the existing building or structure to remain on that certain real property within said City and more particularly described as follows: BEGINNING at a point which bears North 0° 17' East 35.00 feet from the Southwesterly corner of Lot 2 as said Lot 2 is shown upon the "Map of Campbell's Western Add'n to the Town of Campbell", which Map was recorded May 18, 1894 in the Office of the County Recorder of said County of Santa Clara and filed in Book "H" of Maps, at page 69; thence tangent to the Westerly line of said Lot 2, Southwesterly, Southerly and Southeasterly along the arc of a curve concave Northeasterly through a central angle of 90° with 20.00 foot radius a distance of 31.42 feet to the point of tangency with a line parallel with and distant 40.00 feet from the center line of Campbell Avenue, as said center line is shown upon said Map; thence South 89° 43' East 40.00 feet along said last described parallel line to a point on the Easterly line of said Lot 2; thence South 0° 17' West 15.00 feet along said Easterly line of said Lot 2 to the Southeasterly corner thereof; thence, North 89° 43' West 60.00 feet along the Southerly line of said Lot 2 to the Southwesterly corner thereof; thence North 0" 17' East 35.00 feet along the Westerly line of said Lot 2, which said Westerly line is the Easterly line of First Street to the point of beginning, and being a portion of said Lot 2. IN WITNESS WHEREOF, said City has caused'its name to be hereunto affixed by its Mayor and City Cler, thereunto duly authorized by resolution of the City Council. CITY OF CAMPBELL Mayo r ENCROACHMENT PERMIT I, Donald C. Wimberly, Director of Public Works of The City of Campbell, do hereby issue a Permit to Orchard City Plaza Associates to allow the encroachment of a building into the following described parcel: Ail that certain real property situate in the City of Campbell, County of Santa Clara, State of California more particularly described as follows: BEGINNING at the northwesterly corner of that certain parcel granted to the City of Campbell by deed recorded in Book E264 of Santa Clara County Official Records at page 104 on February 2, 1979, said point being also a point on the easterly line of Central Avenue (50 feet wide); THENCE North 89° 55' 21" East, along the northerly line of said City of Campbell parcel, 12.00 feet; THENCE South 57° 34' 39" East, continuing along the northerly line of said City of Campbell parcel, 40.00 feet to the True Point of Beginning; THENCE South 32° 25' 21" West, leaving the boundary line of said City of Campbell parcel, 15.00 feet; THENCE along a tangent curve to the left, concave northeasterly, with a radius of 4.00 feet, through a central angle of 90°, an arc length of 6.28 feet; THENCE South 57° 34'39" East, 8.00 feet to a point of cusp, said point being also a tangent point in the boundary line of aforesaid City of Campbell parcel; THENCE along the boundary line of said City of Campbell parcel, on a curve to the right that is concave northeasterly and tangent to a line that bears North 57° 34' 39" West, with a radius of 4.00 feet, through a central angle of 90°, an arc length of 6.28 feet7 THENCE North 32° 25' 21" East, along the boundary line of said City of Campbell parcel, a distance of 15.00 feet; THENCE North 57° 34' 39" West, along the boundary line of said City of Campbell parcel, a distance of 8.00 feet, to the TRUE POINT OF BEGINNING. Containing an area of 152 square feet, more or less. Acceptance of this permit and/or the utilization of the benefits conferred by it as evidenced by the continuing encroachment of any building or structure within the above described parcel shall be deemed to constitute acceptance of the following condition: CONDITION: To the fullest extent permitted by law, Permittee shall indemnify, defend and hold the City of Campbell, and it's agents, harmless from any and all claims, damages, losses and expenses, including, but not limited to, attorney's fees, arising out of , or resulting from the encroachment permitted herein. Witness my hand this day of , 1989. Donald C. Wimberly CITY Oi~ I~AMPBEII 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 FAX # (408) 379-2572 Department: Public Works TRANSMITTAL FROM THE OFFICE OF THE CITY ENGINEER Attention: Reference: SUBJECT: We are forwarding via: mail__ messenger__ separate cover__ enclosed attached other The following: cit of 6g'76 c/o County of Santa Transportation E 264~I~! 104 1555 Berger Drive A~ency San Jose, CA 95112 Attn: Ernest A. Figone APN 413-7-59 & 60 413-7-31 & 32 Escrow No. 900596 o--oo un~o the City of Campbell, a municipal corporation of the Coun~ ~ :m: ., ~e The ~actory, LTD a California limited partners~i~,'here~ grant[J~ Santa Clara. State of California follows: ~'u Y ..... A portion of that property lying withi, Lots that certain map entitled. "Subdivision of Campbe]9 and lO. as shown upon ' Station" which map was filed for record in the Office of the Recorder of the County of Santa CIar . State of California on January 3. Book "C" of Maps. at pag~ 49. and more particularly described]888 in as fo] lows: Beginning at an ang]e point in the centerline of Central Avenue, said angle point being 432.70 feet southerly from the centerline of Campbell Avenue; thence along the centerline of Central Avenue North O0o 04' 39" West, 8g.83 feet; thence South 74° 05' 25" East, 26.01 feet to the intersection with the westerly line of that certain parcel of land conveyed to Stanley Becket and Marjorie Ruth Becket, his wife, as Joint Tenants, by that certain deed filed for record in Book 8302 of Official Records, page 526 in the Office of the County Recorder in the County of Santa Clara, St ~' 39" West alo n ~. ~? o~ C~lifornia; then POINT n~ .~...,,.~ °"'" -uscer/y line_ ~7 ~ - ~-- ..... - - -- "'~*.~lNU; th .... u~ Feet to t North O0o 4,~:,__.en~? continuing alon . __ he TRUE c ...... ~- ~ aest, /1 O0 ¢~- *~ g..sa]d westerly'-ll~-e ~,~, Iz. uo feet; thence Sj-+~'~;~[?~? ~orth 8go 55' 21" thence South 32° 25' 21" "'" ~' J~ J~" East, 48.00 feet; West 15.00 feet, to a tangent curve concave to the Northeast having a radius of 4.00 feet; thence along said tangent curve concave to the Northeast, 6.28 feet, through a central angle of gO°; thence South 57° 34' 39" East, 7.00 feet; thence South 32° 25' 21" West, 53.00 feet, more or less to the northerly right-of-way line described, in Book 7 of Official Plan Lines, page 68, filed in the Office of Recorder of the County of Santa Clara, State of California, on March 29, lg72; thence northwesterly along said right-of-way line to the Point of Beginning. RECEIVED F-~=R ,~,, 1979 PUBLIC V;ORKS ENGINEERING THE FACTORY, LTD., a California 1 imited partnership By: BRONDON CORPORATION, Man~~nera l Partner ,~ ~ .,' ~' .,r RESOLUTION NO. BEING A RESOLUTION AUTHORIZING EXECUTION OF A QUITCLAIM DEED OF A PUBLIC PARKING EASEMENT AT 300 ORCHARD CITY DRIVE WHEREAS, the City of Campbell acquired that certain public parking ease- ment described by that certain Grant Deed recorded!September 25, 1978, and filed in Book D 971 of Official Records at page 442 in the office of the County Recorder of said County of Santa Clara; and, WHEREAS, a portion of said easement, which portion is described by the attached "Exhibit A," is excess and not required for present or future public parking purposes; and, WHEREAS, the City of Campbell vacated the portion described in attached "Exhibit A" by Resolution No. 6682 adopted February 7, 1984; NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Campbell as follows: That the City Council does hereby quitclaim all its interest in the aforesaid portion of the public parking easement. PASSED AND ADOPTED this 15th day of Apr±l , 1986, by the following vote: AYES: Councilpersons: Ashworth, Doetsch, Watson, tk)d~rsek, Kotc~ski NOES: Councilpersons: None ABSENT: Councilpersons: None APPROVED: ATTEST' $ Atone O. C~y~e, ty Clerk ~ic~ w ~oto~ski- M~yor ~y. :~l~a*lp~n' IkTe%~cli, Sr., Vice Mayor THE FORECOli',IG INGtRUM£;YI' IS A TRUE At'ID CORRECT COPY OF '[HE ORIGINAL ON FILE IN THIS OFf IC[ff. ATTEST:.,~NE G. COYt,IE, CITY CLERK CITY OJ~C.~MPtSELL, ~. ~RNIA , MEMORANDUM TO: CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CA 95008 (408) 866-2100 SUBJECT: MESSAGE: LEGAL DESCRIPTION OF BUILDING ENCROACHMENT A portion of Lot 10 as shown on that certain map entitled "~ubdivision of Campbell Tract, at Campbell Station", said map being filed for record at Book "C" of Maps, Page 49, County of Santa Clara, State of California, on January 3, 1888, more particularly described as follows: Beginning at the common corners of lots 10 and 11 on the eastern line of Central Avenue.of the above subdivision; Thence along the common line to the ~bove parcels North 89 55'21" East 12.00 feet; Thence leaving said common line South 57.34'39" East 48.00 feet to the TRUE POINT OF BEGINNING; Thence from said TRUE POINT OF BEGINNING South 32 25'21" West 13.63 feet; Thence North 57 34'39" West 6.29 feet; Thence North 32 25'21" East 13.63 feet; Thence South 57 34'39" East 6.29 feet to the TRUE POINT OF BEGINNING. Said portion containing 85.73 square feet, more or less. 0 ,J CiTY OF CAMPBELL L 70 'North First Street Campbell, California 95008 TO BE-RECORDED WITI~)UT FEE SECTION 6103 GOVERNMENT CODE AT THE REQUEST OF CITY OF CAMPBELL RESOLUTION NO. 6855 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, VACATING A PORTION OF A PUBLIC PARKING EASEMENT SITU- ATE NORTH OF ORCHARD CITY DRIVE AND EAST OF CENTRAL AVENUE J 074 3Z8 8 645 t6 FILE~ FSR REC~RI~ S~NTA CLARA COUNTY GEORGE A. NANN WHEREAS, the City of Campbell acquired that certain public parking ease- ment described by that certain Grant Deed recorded February 3, 1979, and filed in Book E264 of Official Records at page 104 in the office of the County Recorder of said County of Santa Clara; and WHEREAS, a portion of said easement, which portion is described by the attached "Exhibit A," is excess and not required for present or future public parking purposes; and WHEREAS, the Director of Public Works has recommended that said portion be vacated; NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Campbell as follows: SECTION ONE: That it elects to proceed in accordance with the provi- sions of Division 9, Part 3, Chapter 4, Section 8334, et sequens, of the Streets and Highways Code. SECTION TWO: That the City Council does hereby summarily vacate afore- said portion of public parking easement. SECTION THREE: That the City Clerk is directed to record a certified copy of this Resolution in aforesaid office of the County Recorder. SECTION FOUR: That from and after the date the resolution is recorded, aforesaid portion vacated no longer constitutes a public parking easement. PASSED AND ADOPTED this by the following vote: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: ATTEST: 20th day of November , 1984, Chamberlin, Doetsch, Kotowski, Podgorsek, Ashworth None None APPROVED: Mayo r J 074 EXHIBIT A All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: BEGINNING at a northwesterly corner of that certain parcel granted to the City of Campbell by deed recorded in Book E264 of Santa Clara County Official Records at page 104 on February 2, 1979, said point being also a point on the easterly line of Central Avenue (50 feet wide); THENCE North 89° 55' 21,' East,-along the northerly line of said City of Campbell parcel, 12.00 feet; THENCE South 57° 34' 39" East, continuing along the northerly line of said City of Campbell parcel, 40.00 feet to the True Point of Beginning; THENCE South 32° 25' 21" West, leaving the boundary line of said City of Campbell parcel, 15.00 feet; THENCE along a tangent curve to the left, concave northeasterly, with a radius of 4.00 feet, through a central angle of 90°, an arc length of 6.28 feet; THENCE South 57° 34' 39" East, 8.00 feet to a point of cusp, said point being also a tangent point in the boundary line of aforesaid City of Campbell parcel; THENCE along the boundary line of said City of Campbell parcel, on a curve to the right that is concave northeasterly and tangent to a line that bears North 57° 34' 39" West, with a radius of 4.00 feet, through a central angle of 90°, an arc length of 6.28 feet; THENCE North 32° 25' 21" East, along the boundary line of said City of Campbell parcel, a distance of 15.00 feet; THENCE North 57° 34' 39" West, along the boundary line of said City of Campbell parcel, a distance of 8.00 feet, to the TRUE POINT OF BEGINNING. CONTAINING an area of 152 square feet, more or less. CAM?~FZ.L A VENUE ~2. OD '3 074 ~,~ 330 o¢ ,::1-- 90° L=6.28 d= ~0° CITY OF CAA4?Z3ELL ZAWD$ TO ~E VA£AT£L9 Agreement Indemnifying City Against Disposal of Potential Contaminated Soil P ' Works WHEREAS, ORCHARD CITY PLAZA ASSOCIATES, (hereinafter referred to as "Owner") is owner of certain real property in the City of Campbell commonly known as 30? Orchard City Drive, Campbell, California (hereinafter referred to as "Davis Property"); WHEREAS, the CITY OF CAMPBELL (hereinafter referred to as "City") is owner of certain real property adjoining the Davis Property (hereinafter referred to as the "Adjoining Property"); WHEREAS, Owner wishes to remove a concrete bunker and soil possibly contaminated with hazardous materials from the Davis Property and portions of the Adjoining Property; and WHEREAS, Owner wishes to temporarily store some of the removed soil on the Davis Property and the Adjoining Property; NOW, THEREFORE, Owner and City, for and in consideration of each other's mutual promises agree as follows: 1. Owner may temporarily store the removed soil on the Adjoining Property in accordance with the terms and conditions of this Agreement; 2. Owner shall d/l/gently apply to, and seek approval from all appropriate agencies for treatment and/or disposal of the removed soil; and upon obtaining such approval, Owner shall cause the soil to be decontaminated and/or disposed with all reasonable speed and diligence. In any event, Owner shall remove the soil from the Adjoining Property as soon as it is safe and economically. reasonably practical; 3. At all times during which the soil is on the Adjoining Property, Owner shall take any and all necessary measures to prevent further contamination of the Adjoining Property, or migration of the contamination in any form, or contact between any person, animal, or personal property and the removed soil; 4. If in City's sole discretion, the City reasonably determines, at any time, that Owner has failed to meet the obligations and standards set forth in Sections 2 and 3 of this Agreement, City may cause the soil to be disposed of at Owner's sole cost and expense. In such event, the costs of disposal for which Owner shall be liable shall include, but are not limited to, the time and efforts of City personnel, including the City Attorney, the value of the use of City personnel, including the City Attorney, the value of the use of City equipment, the Costs of any necessary independent contractor, and any and all fees and cost associated with removal, treatment and or relocation of the soil; 5. Owner shall indemnify, defend and hold City, its officials, officers, employees, agents, and attorneys, harmless against any and all claims, demands, losses, actions, causes of action, injuries to persons or property, deaths or damages of any kind arising out of, or connected with the negligence or wrongful act or ommission of Owner in the storage, treatment or disposal of the aforementioned soil; 6. In performance of this Agreement, time shall be of the essence; ?. City's waiver of any term, condition or covenant, or breach of any Xerm, condition or covenant shall not be construed as the waiver of any other term, condition or covenant or waiver of the breach of any other term, condition or covenant; 8. This Agreement contains the entire Agreement between City and Owner. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed by b6th City and Owner; 9. If any term, condition or covenant of this Agreement is held by a court of competent 3urisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding; 10. This Agreement shall be 9overned and construed in accordance with the laws of the State of California; il. This Agreement may be executed in counterparts and will be binding as so executed; 12. In the event that either party is required to obtain the services of an attorney to enforce the terms of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorney's fees incurred in enforcing such terms. ~3. The undersigned parties acknowledge that they have read and understood the terms of this Agreement, and reviewed it with an attorney of their choosing. Stanley M. Davis Managing General Partner Date: CITY OF Kevln Du~4~, City Manager BAY AREA CONSULTANTS, INC. Civil Engineering · Land Surveying · Land Planning · Development Consulting LET-I-ER OF TRANSMI'FI'AL To · , Date ~ __ "'-? ,C~ [~,.~. d~1--~r~..._ l~--~ ~--~, Project Attn: We are forwarding [ ] By Mail No. Copies Description Job No. [ B~y Messenger [ ] By FAX [ ] Federal Express Remarks This material is sent for 940 Saratoqa Avenu,' ~it¢ 240 Sari Jose, CA (408) 247-28 I I LEGAL DESCRIPTION OF BUILDING ENCROACHMENT A portion of Lot 10 as shown on that certain map entitled "Subdivision of Campbell Tract, at Campbell Station", said map being filed for record at Book "C" of Maps, Page 49, County of Santa Clara, State of California, on January 3, 1888, more particularly described as follows: Beginning at the common corners of lots 10 and 11 on the eastern line of Central Avenue~of the above subdivision; Thence along the common line to the ~bove parcels North 89 55'21" East 12.00 feet; Thence leaving said common line South 57 34'39" East 48.00 feet to the TRUE POINT OF BEGINNING; Thence from said TRUE POINT OF BEGINNING South 32 25'21" West 13.63 feet; Thence North 57 34'39" West 6.29 feet; Thence North 32 25'21" East 13.63 feet; Thence South 57 34'39" East 6.29 feet to the TRUE POINT OF BEGINNING. Said portion containing 85.73 square feet, more or less. ~::~u _c~ . ! ? 8g:' 1 ~, : 14 O 0 O O b'I~-TA~OPOL ! :5 k.,I£ST 4 O~, ';'47-- ! I ';'4 F' . METROPOLIS WEST 357 EAST TAYLOR SAN JOSE, CA 95112 PHONE (408) 947-1000 FAX (408) 947-1194 FACSIMILE COVER SHEET RECEIVED Au~ ~. 7 1~9 P ' - Work& A~winistra/~ofl. PLEASE TRANSMIT THE FOLLOWING TO: TOTAL NUMBER OF PAGES INCbUDING THIS COVER SHEBT: DATE OF TR~SMiSS~ON: ~'/q'~ OUR 0~FICE AT (408) 947-1000. 8888 METROPOLIS PJEST 408--~47-- 11~4 CAMPBELL AVENUE Z f I i / / / / / / / qN~ FOUR ,~CHARD ' · 1 !1 / , · t i t ! ! / ! LEGAL . DESCRIPTION_ SITE .---' ENGINEER'S CERTIFICATE