1371 Peggy Ave. (90-07)
TO:
City Clerk
PUBLIC WORKS FILE NO. iJ; ci (// X)
Please collect & receipt
for the following monies:
35-3396
ACCl ITEM AMOUNT RECEIPT NO
$
3372
3521
3521
3521
Project Revenues (specify project)
Public Works Excavation Permit Fees:
Application Fee
Plan Check Deposit
Faithful Performance (Cash) Deposit
R-1:
($50)
Other:
($100)
($500)
(100% of)
(ENGR. EST)
(4% of FPB)
($500 min.)
3372
TOTAL
NAME OF APPLICANT '-(..t)~~ ,J~l-~
ADDRESS
FOR
CITY CLERK
ONLY
3373
3373
3373
3373
3373
3372
3372
3372
3372
3372
3395
--= 3 7...Q.)
3380
3510
Other Cash Deposit (specify)
($200)
Plan Check & Inspection Fee ($0 - $100,000 10%;
$100,000 - $500,0009%; $500,000 and above 7%; $100 min.)
Project Plans & Specifications ($10)
General Conditions, Standard Provisions & Details ($10 or $1/page)
"No Parking" signs ($1/ea. or $25/100)
Work Area Traffic Control Handbook ($5)
Copies of Engineering Maps & Plans ($.50/sq.ft.)
Final Parcel Map Filing Fee ($450 + $20 per lot)
Final Tract Map Filing Fee ($500 + $20 per lot)
Lot Line Adjustment Fee/Certificate of Compliance ($400)
Vacation of Public Streets and Easements ($500)
Assessment Segregation or Reapportionment
First Split ($500)
Each Additional Lot ($150)
Park Dedication In-lieu Fee er Unit $4,548
Storm Drai rage Area Fee
Public Works Special Projects
Postage
3;,t~, &0
AIJ~.1-1
$ 30 {)O
RECEIVED BY
DATE
PHONE
ZIP
;/tJ t., -' / t- - t-;' f.r/ I
RESOLUTION NO 8052
BEING A RESOLUTION AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH WILLIAM
SALYARDS FOR STREET IMPROVEMENTS AT 1371
PEGGY AVE.
BE IT RESOLVED, by the City Council of the City of Campbell,
California as follows:
1. The Mayor is authorized to execute an agreement with William
Salyares to install street improvements at 1371 Peggy Ave.
PASSED AND ADOPTED this 2nd day of January
following vote:
, 1991 by the
AYES: Councilmembers Watson, Burr, Conant, Ashworth, Kotowski
NOES: Councilmembers None
ABSENT: Councilmembers None
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CITY OF CAMPBELL
RECEIVIiiD
" , 'llY" n
AU G </ j tJ U
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
Public Worka/EnQinoerinl=!
Department:
August 29, 1990
Planning
Mr. William Salyards
1276 Alice Dr. #1
Santa Clara, CA 95050
'G
RE: S 90-07
1371 Peggy Avenue
Dear Mr. Salyards:
Please be advised that the Planning Commission, at its regular meeting of
August 28, 1990, adopted Resolution No. 2691 granting Site and Architectural
approval to allow construction of a single family residence on the above
referenced property. This approval is effective 10 days following the Planning
Commission's action, and is subject to the conditions of Approval per the
attached enclosure. The Planning Commission's approval is valid for one
year. Decisions of the Planning Commission can be appealed to the City
Council.
Enclosed is a copy of the approved plans. If you should have any questions
regarding this approval, please do not hesitate to contact the Planning
Department at (408) 866-2140.
Sincerel y,
66 ?:?L-
Curtis Banks
Planning Intern
cc: Building Department
Public Works Department
enc. resolution 2691 - conditions of approval
approved plans
RESOLUTION NO. 2691
PLANNING COMMISSION
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A SITE AND
ARCHITECTURAL APPLICATION ALLOWING THE
CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE ON PROPERTY
LOCATED AT 1371 PEGGY AVENUE, IN AN R-1-10 (SINGLE-
FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF
MR. WILLIAM SALYARDS. S 90-07.
After notification and public hearing as specified by law on the
application of Mr. William Salyards for approval of plans and
elevations to allow the construction of a single-family residence on
property located at 1371 Peggy Avenue, in an R-1-10 (Single-Family
Residential) zoning District; and, after presentation by the Planning
Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning
Commission did find as follows:
1. The proposed project is appropriately scaled in relationship to
the adjacent developed uses.
2. The project is well designed and architecturally blends into the
neighborhood.
3. The building design is considered acceptable and interesting by
the Architectural Advisor.
4. The project density of 3.5 is consistent with the General Plan
designation of low-density residential.
5. The parking provided exceeds the code requirements.
6. The project is designed to minimize infringement on neighboring
properties.
7. The project is of a high quality design and will be aesthetically
pleasing.
Based on the above findings, the Planning Commission does hereby grant
the requested development, subject to the attached conditions:
1. Approval of Option B only for plans stamped received June 29,
1990, for construction of a single-family residence at 1371 Peggy
Avenue.
2. Applicant shall substitute siding at the front entry way,
eliminating the use of brick and enlarging the second story
vents. Revised Plans are to be submitted to the Planning
Department and approved by the Planning Director.
Resolution 2689
page two
3. Applicant shall prepare a plan to protect the existing 24 inch
redwood tree during the construction process. Plan to be
approved by the Planning Department prior to issuance of building
permits.
4. Building occupancy will not be allowed until public improvements
are installed.
5. All parking and driveway areas to be developed in compliance with
Chapter 21.50 of the Campbell Municipal Code.
6. Underground utilities to be provided as required by section
20.36.150 of the Campbell Municipal Code.
7. Plans submitted to the Building Division for a plan check shall
indicate clearly the location of all connections for underground
utilities including water, sewer, electric, telephone and
television cables, etc.
8. 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.
9. The applicant is hereby notified that the property is to be
maintained free of any combustible trash, debris and weeds, until
the time that actual construction commences. All existing
structures shall be secured by having windows boarded up and
doors sealed shut, or be demolished or removed from the
property. section No. 11.201 and 11.414, 1979 Ed. Uniform Fire
Code.
Buildinq Division
10. Retaining walls at property lines are limited to a height of 15
inches if constructed of wood.
Enqineerinq - Public Works
11. Dedicate additional land to widen Peggy Avenue to 30 feet from
centerline.
12. Execute an agreement with surety to install street improvements
upon notification by the city Engineer.
13. Pay storm drain area fee of $342.
Resolution No. 2689
page three
14. Submit five copies of on-site grading and drainage plan for
review by the city Engineer if street improvements are deferred.
section 21.42.100 of the Campbell Municipal Code provides that any
approval granted under this section shall expire one year after the
date upon which such approval was granted, unless an extension or
reinstatement is approved.
Approval is effective ten days after decision of approval of the
Planning commission, unless an appeal is filed.
PASSED AND ADOPTED this 28th day of August 1990, by the following roll
call vote:
AYES:
NOES:
ABSENT:
commissioners:
Commissioners:
Commissioners:
APPROVED:
Jav R. Perrine
Chairperson
ATTEST:
Steve Piasecki
Secretary
10798090
c.o.Hf9.JiMl-;O COpy; Thls doc.ument has
not b€.'€n compared with the onginaL
SANTA CLARA COUNTY RECORDER
""" '
t L_ L (} ~:' (J i.,: ~ 1 [ r.
A r 'i r (,) U' ,( '). '1- .; 0 flU
c..., OF
YO tlf RKORDrD WITHOUT F~
~CTlON 6103 GCVflNiI,C',jT co
AT Tc'E REQUEST CF C!'; CF ',:', !. ,L
F f8 tj
3 50 Aff'91
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f'A . ,'ilODS
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uy ii tirK'A~~NTYf
ReCQRDER
CITY OF CAMP8ELL
70 N, FiRST STRf:~~-:T
CP.Mp'-:-':LL, CA 95008
GRANT DEED
WILLIAM J. SALYARDS and DEBORAH L. SALYARDS,
husband and wife( hereby grants to the City
of Campbell, a municipal corporation of the
County of Santa Clara, State of California,
for public street purposes and to become a
portion of Peggy Avenue all that certain real
property within said City described as
follows:
The easterly 30 feet of that certain parcel of land described in Grant
Dee~ to William J. Salyards and Deborah L. Salyards, husband and wife, as
community property recorded on July 3, 1990 in the office of the Recorder
of the County of Santa Clara, State of California in Book L406 of Official
Records at page 911:
Containing an area of 2(100 square feet.
'-'A:) C!i
IN WITNESS WHEREOF we have placed our names this Lo
day of l'IolJt2~",f-R,Z, 1990.
A})W,?Q J( ~~-1d~
. Deborah L. Saly~ds
THE FO"'E'~')"'G 'NSTRUVF"'~ IS A T"'il
:,Nr' COf1RECT COPY OF THE ~"GI"'Al'
G,; ,q"E 'N 7HiS OFF!CE
AT~'jf'ST!j BA8MlA o.l"SASKY, CI,y eLF", I
CITy OF AMPBEL~~ CALIFORNiA 7' ,
, '~J// /1/"""- -' .II' / 'j
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L40ro OR 9/1
5
/37/ PEGGY AV
APN 406-/6-06/
,
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STEINWAY
AVL.
LAND TO BE GRANTED
CONTAINS 2/100 $1' Ft
LAND TO BE GRANTED TO THE
CITY OF CAMPBELL
INFORMATION PLAT BASED ON RECORD DATA
~
(2
I 0
I ~
i
SCALE: 1/.-'-:: 40"
DATE: OCT 1990
DR. BY: J. P.
c 1(. BY:
NOTARY FOR INDIVIDUAL SIGNATURE
STATE OF CALIFORNIA
County of ~tit~ ~,ll.lA ~
I
I 5S.
I
On this 251tk day of ~()V~MbZh- , 19 era , before me, i)o_:d1~/) 0- (YllX-hn
a Notary Public in and for the County of 0eu'\jcN QJ{lA tL- , State of
California, residing therein, duly commissioned and sworn, personally appeared
V\I i It ICJdY' -3'- S [,-hi cu- cls
~~orci..-h L. St:u~{."-rc\s
persenally known to me (or proved to me on the basis of satisfactory evidence) to
be the person whose nameGc~esubscribed to the within instrument and acknowledged
to me that
'+h.\..~\
(J
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal of
the aforesaid County and State the day and year in this certificate first above
written.
~iDJf\ l(L~ C"-- (\1 (1..)L-t:))
Notary Public in and for the
~ . (I I _ .
County of ....j(~f\.J--Cl. '-'-- U"-"1.t...__
"NOTARY SEAL"
State of California
My cOrm1ission expires AVfJ '", I Vl)3
! ~ R ~ ~ MEN T
THIS AGREEMENT (identified as No.PLD 48 ) made and entered
into this 2..fijrt+- day of NO,JflV/l?eI?- , 192/2, by and
between WILLIAM J. SALYARDS and DEBORAH L. SALYARDS, husband
and wife, as community property hereinafter referred to as
"Owner," and the CITY OF CAMPBELL, a municipal corporation of
the County of Santa Clara, State of California, hereinafter
referred to as "City."
WHEREAS, City granted conditional Site and Architectural
approval, S 90-07 to construct a single family residence upon
that certain real property described in that certain Grant Deed
filed on July 3, 1990 in Book L406 of Santa Clara County
Official Records at page 911, and commonly known as 1371 Peggy
Avenue, which property is hereinafter referred to as "said real
property";
WHEREAS, compliance with the terms and conditions of this
agreement are conditions to the final approval of above
described application;
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED
APPROVAL, and satisfaction of the conditions to that approval,
the following are agreed to by and between the parties:
(i) Owner shall provide, construct and/or install at
his own proper cost and expense, public street improvements as
described in section 11.24.040 of the City Code within 12
months from the date first mentioned hereinabove; provided,
however, that in the computation of said 12 months period,
delays due to, or caused by acts of God, viz., unusally
inclement weather, major strikes, and other delay beyond the
control of Owner or his successors shall be excluded.
(2) It is expressly understood and agreed to that if
Owners shall fail to complete the work required by this
Agreement within the said 12 month period, the City, after
giving ten (10) days written notice therof to Owners, or their
successors, may construct and/or install said improvements and
recover the full cost and expense thereof from Owners, or their
successors.
(3) Owner, or his successors, shall cause to be prepared
at his cost and expense improvement plans for the construc-
tion and/or installation of said improvements prior to such
construction or installation. Said plans shall be prepared by
a civil engineer registered by the State of California and
submitted to the City Engineer for examination and approval.
All of said improvements shall be constructed and/or
installed in accordance with those plans approved by the City
Engineer and shall be made under the supervision and inspection
and to the satisfaction of the City Engineer. Said
construction and/or installation shall be in accordance with
the existing ordinances and resolutions of the City of Campbell
and to all plans, specifications, standards, sizes, lines and
grades approved by the City Engineer, and all State and County
statutes applicable thereto. Upon completion and acceptance of
the improvements by City, Owner, or his successors, shall
provide reproducible as-built plans to the City Engineer.
(4) The construction work of the improvements embraced by
this agreement shall be done in accordance with the specifica-
tions of the City of Campbell and Sanitation District No. 4 of
Santa Clara County, where indicated.
(5) Prior to approval of the plans by the City Engineer
pursuant to Section (3) of this Agreement, Owner, or his
successors, shall pay to the City for examination of
improvement plans, field inspection of construction of
improvements and all necessary expenses incurred by City in
connection with said improvements, a sum in the amount of seven
percent (7%) of the estimated cost of the improvements at the
time of construction.
(6) Owner, or his successors, shall file with City, prior
to approval of the plans by the City Engineer, surety
acceptable to the City in the amount of SISTEEN THOUSAND TWO
HUNDRED DOLLARS (S16,200.00)to insure full and faithful
performance of the construction of all the aforementioned
improvement work, excluding sanitary sewers and water
distribution system. Said surety shall guarantee that Owner,
and his successors, will correct any defects which may appear
in said improvement 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 pay
the cost of all labor and materials involved. This surety shall
remain in effect until one (1) year after date of final
acceptance of said improvements by City. Said surety amount may
be reduced by the City Engineer after the date of final
acceptance to not less than twenty-five (25) percent of its
ful: value.
(7) Upon final release of said surety by City, the
obligations of Owner, and his successors, contained in this
Agreement shall be considered null and void.
(8) When called upon by City to do so, Owner, or his
successors, will execute a petition for the formation of any
2
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 said improvements.
(9) Owner, or his successors, shall participate in and
become a part of any special assessment district as described
in paragraph (8) of this Agreement.
It is expressly understood that any obligations of Owner,
or his successors, contained in this Agreement that are
accomplished to the satisfaction of said City Engineer by said
special assessment district shall be considered null and void.
(10) Owner, or his successors, 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 sewage system to serve said real
property, and Owner, or his successors, shall file with City,
upon execution of this Agreement, a letter from said Sanitation
District No.4 stating that Owner, or his successors, have made
such deposits or filed such bonds and entered into such
agreements.
(11) Owner, or his his successors, shall pay to Pacific Gas
and Electric Company any and all fees required for installation
of underground wiring circuit to all electroliers within said
real property when Owner, or his successors, is notified by
either the City Engineer or the Pacific Gas and Electric
Company that said fees are due and payable. Owner's, and his
successors', obligations under this section shall not be
relieved by delay or the passage of time, but shall remain
binding indefinitely and forever.
(12) Owner, or his successors, shall make such deposits
or file such bonds and enter into such agreement as required by
San Jose Vater Company when called upon to do so to insure the
installation of a water distribution system to serve said real
property, including fire hydrant. Owner's, and his
successors', obligations under this section shall not be
relieved by delay or the passage of time, but shall bind Owner
and successors indefinitely and forever.
(13) Any easement and right of way within or without said
real property necessary for the completion of the improvements
shown upon aforesaid improvement plans shall be acquired by
Owner, or his successors, at his 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, Owner, or his successors, shall deposit or cause
3
to be deposited with City a sum covering 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, engineering
and other incidental costs shall be deposited with the City.
(14) Owner, or his successors, shall carry out any and
all negotiations with all interested parties and shall perform
or cause to be performed at his own cost and expense and to the
satisfaction of the City Engineer any and all work required to
abandon, remove, raise, lower, relocate and otherwise modify
irrigation line or lines within the boundary of said real
property.
(15) To the fullest extent permitted by law, Owner, and
his successors, shall indemnify, defend and hold the City of
Campbell, and its agents, employees, attorneys, officers,
officials and assignees harmless from any and all claims,
damages, losses and expenses, including, but not limited to,
attorneys' fees, arising out of, or resulting from any
negligent or intentional act or omission (including misconduct)
of said Owner, or his successors, or any subcontractor, or
anyone directly or indirectly employed by him, or anyone for
whose acts any of them may be liable in the course of
performance of the Agreement.
The Owner, and his successors, shall also indemnify, defend
and hold the City of Campbell, and its agents, attorneys,
employees, officers, officials, and assignees harmless against
and from any and all claims, demands, liabilities, losses,
lawsuits, judgments, damages, costs and expenses (including,
but not limited to, attorneys' fees and court costs, whether
incurred at trial, appellate or administrative levels) which
the City of Campbell may incur or suffer, or to which the City
of Campbell may be subjected resulting from the failure of
Owner, or his successors, or his agents, employees,
subcontractors, or anyone performing services under him, to
fulfill any of the obligations imposed under this Agreement.
(16) It is acknowledged that the provisions of this
Agreement constitute covenants for the improvement of the
subject real property for the mutual benefit of Owner's
property, commonly known as 1371 Peggy Avenue, and the City's
property, commonly described as Peggy Avenue where it adjoins
Owner's property. These covenants shall be considered to
affect rights in the above-described real properties, and shall
be binding on the heirs, assigns, successors, and grantees of
Owner to said real property.
4
(17) Nothing contained herein shall be construed to transfer
any unvested interests in real or personal property for
purposes of the rule against perpetuities.
(18) In the event that Owner, or his successors, should
breach any of the terms, conditions, or covenants of this
Agreement, the City shall be entitled to recover, in addition
to any other relief available in law or equity, all costs
incurred in attempting to obtain enforcement of the Agreement,
or compensation for such breach. These costs shall include
reasonable attorneys' fees and court costs.
(19) This is the entire Agreement between the parties, and
there are no representations, agreements, arrangements or
understandings that are not fully expressed herein.
(20) This Agreement can be executed in counterparts by the
parties hereto, and as so executed shall consist of one
agreement, binding on all the parties.
IN WITNESS WHEREOF, said City has caused its name to be
affixed by its Mayor and City Clerk, who are duly authorized by
resolution of the City Council, and said Owner has caused his
name to be affixed the day and year first above written.
APPROVED AS TO FORM:
CITY OF CAMPBELL
William R. Seligmann,
City Attorney
John J. Ashworth, Mayor
Barbara OlsaskYr City Clerk
OWNER:
Salyards
&~ a "- ,~v11"\ J,~, ~~
Debor~
5
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COMMONWEALTH LAND TITLE CO
O d N APN 406-16-061
r er o.
Escrow No.
.Loan No.
108312
.",575995
WHEN RECORDED MAIL TO:
.IL,
vi'
HEe FEE
RMF
MICRO
LIEN tlOl
SMPF
peon
co Recorded at the request of
"'MONWfALTH lAND TITLE CO.
'""'
Mr. and Mrs. William Salyards
1275 Alice Drive #1
Santa CLara, CA 95050
JUL
3 1990
IN~Ur:~fl
,~ ..i~,.t
I
7
8:00
A.M.
lAURrE KANf. Recanfer
Santa Clara County, 0ffiaiaJ Records
L406PAGE
911
SPACE ABOVE THIS LINE FOR ~ECOROER'S USE
MAIL TAX STATEMENTS TO:
SAME AS ABOVE
DOCUMENTARY TRANSFER TAX $..1.9.8...Q.Q....................._..._
..X. Computed on thl considlrltion or Vllul of property conveyed; OR
...... Computed on thl conslder.tlon or v.lul 1_lIlns or Incumb~.
rem.inlnll It timl of 11I1.
Commonwealth Land Title Company
Slgnetufe of OKlerent Of A..nt dftermlnln, Ux - Firm Neme
ADMINISTRATOR'S G RAN T DEE D
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
RICHARD W. HERZ, Administrator of the Estate of Frank Robert Kocher, Decedent,
hereby GRANT(S) to
WILLIAM J. SALYARDS AND DEBORAH L. SALYARDS, husband and wife, as community property
the real property in the City of
County of Santa Clara
Campbell,
, State of California, described as
For legal description, see Exhibit "A" attached hereto and made a part hereof.
This Deed is given and made, executed and delivered pursuant to the Order Confirming
Sale of Real Property in the Superior Court of Ca1fornia, County of Santa Clara
under Case Number 123092 entitled, "Estate of Frank Robert Kocher, Decedent", a
certified copy of which is recorded concurrently herewith.
Dated
June 29, 1990
I
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On 7-;2- 9t'J
before me, the undersigned, a Notary Public in and for said State. per-
sonallyappeared If'I (' #))~ () c.J HER 2
,4/J m',NI.S 7~>>'()1(
the same.
TOMMY WAYNE GRIGGS
, ,;:. NOTARY PUBLIC-CALIFORNIA
~ SANTA CLARA COUNTY
My Commission Expires October 8. 1992
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whosa name(s) Is/are subscribed to the
1 wIlh" ,"",,","""I .... -........ 10 m. ..ot heJ"""'hoy .........
(Thll er.. fQr offlcie' noterle' _I)
Form 3195
STATEMENTS AS DIRECTED ABOVE
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EXHIBIT A
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l406PAGE 912
All that certain real property situate in the City of Campbell, County of Santa
Clara, State of California, described as follows:
BEGINNING at a point in the center line of Peggy Avenue, formerly known as Peggy
Lane, as said Avenue was conveyed to the County of Santa Clara, by Deed dated March
1, 1949 and recorded May 18, 1949 in Book 1789 of Official Records, page 203 from
which point of beginning the most Easterly corner of Lot 5 of the W. J. Parr
Subdivision as shown upon the Map hereinafter referred to bears N. 110 16' 20" E.
448.94 feet and N. 890 52' E. 312.16 feet; running thence from said paint of
beginning along the said center line of Peggy Avenue and parallel to the Easterly
line of Burrows Road, S. 110 16' 20" W. 70 feet, thence parallel to the Southerly
line of San Tomas Aquino Road, S. 890 521 W. 145.28 feet; thence parallel with the
said Easterly line of Burrows Road, N. 110 16' 20" E. 70 feet; thence parallel with
the Southerly line of San Tomas Aquino Read, N. 890 521 E. 145.28 feet to the poin~
of beginning, and being a portion of Lot 5, as shown upon that certain Map entitled,
"Map of the Subdivision of the property of W. J. Parr Portion of Rineonada de Los
Gatos", filed for record November 9,1883 in Book "A" of Maps, page 95, Santa Clara
County Record.
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