577 Salmar Ave. (88-09)
~__SILICON VAU:V
~.'-DIVERSIFIED.INC
March 23, 1989
HAND DELIVERED
City of Campbell
Public Works
70 North First Street
Campbell, CA 95008
Attn: Jim Penoyer
Re: 577 Salmar, Campbell
Dear Jim:
Enclosed please find a copy of our most
recent prelim on the above mentioned
property. As you can see in this prelim,
we have recorded two Grant Deeds since
the date of our original vesting Deed.
The date Silicon Valley Diversified took
title was December 2, 1987. Title was
recorded in Book K 376, Page 194.
If you have any questions, please feel
free to call.
Very truly yours,
4 (j~ 7P
Cindy O'Leary
Project Manager
COL:lls
851 E. Hamilton Avenue, Suite 120, Campbell, CA 95008
408/559-5909
GRANT DEED
DAVID L. LAZARUS, who acquired titls as an
unmarried man, as to an undivided 1/2 interest
and RONALD M. TATE, Trustee undsr Separate
Property Revocable Trust Agreement dated April
13, 1988, as amended, an undivided 1/2 iDt~rest
hereby grant to the City of Campbell, a Munlcipal
Corporation of the County of Santa Clara, Stat~
of California a Public Service Easement described
2,S folIous:
BEGINNING at the southwesterly corner 0: Parcel "A" as shown on that
certaln Parcel Map filed for record in the office of the Recorder of the
County cf Santa Clara in Book 315 of Maps at page 34 on January 24, 1973;
THENCE South 890 27' 04" East along ;:hE; southerly line of said Parcel "A"
a distance of 316.35 feet to the southeasterly corner th~reof, said pOInt
being also a point on th~ westerly line of Salmar AvenuE; (60 feet wide) as
said avenue is shown on said parcel map;
THENCE North 000 32'18" East, along said westerly line of Salnar Avenue
20.00 feet, 20re or less;
:HENCE North 390 27' 04" West, parallel with said southerly line of Parcel
"A" and distant therefrom 20.00 feet, measured perpendicularly, a dlst;:;.nCic
of 316.35 feet more or less to the westerly line of said Pare::,;" "A";
THENCE South 000 32' 56" West a dlstance of 20.00 feet ,norE or less to
the Point of Beginning;
Containing an area of 6,327 square feet more or less.
In WITNESS \~HEREOF, He have placed (JUl' nar::es this _______ day or
, 1989.
Da-"id L.. Lazarus
Ronald M Tate, Truste~
--LMAIN OFFICE:
41 North First Street
San Jose, California 95113
(408) 998-4646
_ 1100 Hamilton Ave., Suite B _3484 Stevens Creek Blvd. _676 Blossom Hill Road
Campbell, CA 95008 San Jose, CA 95117 San Jose, CA 95123
371-1330 244-5005 629-0111
_ 821 Castro Street
Mountain View, CA 94041
(415) 965-8833
REGENCY MONARCH
851 E. Hamilton Avenue, Suite 120
Campbell, CA 95008
PRELIMINARY REPORT
OUR NO:
340768
Attn: David Lazares
YOUR NO:
BUYER:
PROPERTY ADDRESS:
577 Salmar Avenue, Campbell, Ca.
In response to the above referenced application for a policy of title insurance, the insurer hereby reports that
it is prepared to issue by Commonwealth Land Title Insurance Company, as of the date hereof, a Policy or Policies
of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against
loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception
below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said pol icy
forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibtt A
attached. Copies of the Policy forms should be read. They are available from the office which issued this
report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a pOlicy of title insurance and no liabil ity is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
THIS REPORT IS SUBJECT TO A CANCELLATION CHARGE AS REQUIRED BY SECTION 12404 OF THE
INSURANCE CODE AND RULE 2 OF THE DEPARTMENT OF INSURANCE BULLETIN 74-2.
DATED: November 23, 1988 at 7:30 a.m. ESCROW OFFICER: EVELYN M. AVILA
The form of policy of title insurance contemplated by this report is: CLTA and/or ALTA.
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A Fee
Title to said estate or interest at the date hereof is vested in:
DAVID L. LAZARES, who acquired title as an unmarried man, as to an undivided 1/2
interest; RONALD M. TATE, Trustee under Separate Property Revocable Trust Agreement
dated April 13, 1988, as amended, an undivided 1/2 interest
The land referred to in this Report is situated in the City of Campbell, County of
Santa Clara, State of California, and is described as follows:
PARCEL "A", as shown upon that certain Map entitled, "Record of Survey consisting of
one sheet being a portion of Parcel A of the Record of Survey recorded in Book 236 of
Maps, Page 54, and lying within the City of Campbell, California", which Map was
filed for record in the office of the Recorder of the County of Santa Clara, State of
California on January 24, 1973 in Book 315 of Maps, at page 34.
At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained In said
policy form would be as follows:
Escrow No. 340768
1. General and special
Parcel No.
Code Area
First Installment
Second Installment
Land
Improvements
Owner's Exemption
Personal Property
taxes for the fiscal year 1988-1989.
279-33-004
10-090
$4,541.81 open
$4,541.81 open
$674,900.00
$100.00
none
none
2. The lien of supplemental taxes, if any, assessed pursuant to provisions of
Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the
State of California, and/or any additional taxes which may be assessed for added
improvements or changes of ownership, subsequent to March 1, 1975.
3. Right of way for a ditch or other suitable waterway for conveying water, and
other rights, wide enough for a ditch 4 1/2 feet wide at the bottom, over and
along a strip of land along the Westerly line of premises, as granted by instru-
ment dated May 28, 1902 and recorded May 29, 1902 in Book 247 of Deeds, page 513,
from Jennie G. MacKinley, to G. W. Page and C. R. Page, and as granted by instru-
ment dated June 25, 1902 and recorded June 25, 1902 in Book 250 of Deeds, at page
561, from Jennie G. MacKinley to G. W. Page and C. R. Page, and reference is _
hereby made to the record thereof for further particulars.
4. Recitals contained in the Deed from Rosie Mazzone, a widow to the State of
California, dated June 21, 1956 and recorded August 8, 1956 in Book 3572 of
Official Records, page 646, as follows:
"The grantor further understands that the present intention of the grantee is to
construct and maintain a public highway on the lands hereby conveyed in fee, and
the grantor, for himself, his successors and assigns, hereby waives any claims
for any and all damages to grantors remaining property contiguous to the property
hereby conveyed by reason of the location, construction, landscaping or main-
tenance of said highway."
5.
A Deed of Trust to secure an
Dated
Amount
Trustor
Beneficiary
indebtedness of the amount stated herein
September 7, 1988
$456,000.00
RONALD M. TATE, who acquired title as a married
man, as his sole and separate property and DAVID L.
LAZARES, who acquired title as a married man, as
his sole and separate property, each as to an undi-
vided 1/2 interest
FIRST COMMERCIAL BANK, a California banking cor-
poration
FIRST COMMERCIAL BANK, a California banking cor-
poration
September 13, 1988 in Book K 677 Page 579, Official
Records
9832575
P. O. Box 591, Sacramento, CA 95814
315
Trustee
Recorded
Instrument No.
Address
Loan No.
PAGE 2
Escrow No. 340768
6. Any and all subsisting leases.
NOTE 1:
Recorded
instrument and any other conveyance affecting said land within
to the date of this report, as follows:
Ronald M. Tate, or his sole and separate property
Ronald M. Tate, or his successors, Trustee under
Separate Property Revocable Trust Agreement dated
April 13, 1988, as amended, an undivided 1/2
interest
O~tober 28, 1988 in Book K 736 Page 752, Official
Records
The acquisition
two years prior
Grantor
Grantee
Deed
Grantor
Recorded
Silicon Valley Diversified, Inc., a California cor-
poration
Ronald M. Tate, a married man, as his sole and
separate property; David L. Lazares, an unmarried
man, each as to an undivided 1/2 interest
December 31, 1987 in Book K 407 Page 472, Offic~l
Records
Grantee
NOTE 2: Section 12413 contained in Article 6 of Chapter 1 of Part 6 of the
Insurance Code of the State of California regulates the disbursement of funds
deposited with any title entity acting in an escrow or subescrow capacity. The
law requires that all funds be deposited and collected by the title entity's
escrow andlor subescrow account prior to disbursement of any funds. Use of a
check drawn on an out-of-state financial institution or use of any draft may
cause a material delay in closing and disbursement of funds on this order. In
order to avoid such delays, all fundings should be either by wire transfer or by
cashier's check drawn on California financial institutions.
(ARB #287-35-026)
LID 9/13/88
DES/la
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~ COMMONWEALTH
lAND TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
CLTA Preliminary Report Form
EXHIBIT A
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY - 1988
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which
arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether
or not shown by the records of such agency or by the public records,
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an
inspection of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct
survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public
records.
AMERICAN LAND TITLE ASSOCIATION LOAN POLlCY-1970
WITH A.L. T.A. ENDORSEMENT FORM 1 COVERAGE
(REVISED 10-17-70 AND 10-17-84)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. (a) Governmental police power.
(b) Any law, ordinance or governmental regulation relating to environmental protection.
(c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances)
restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,
dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part.
(d) The effect of any violation of the matters excluded under (a), (b), or (c) above, unless notice of a defect, lien or
encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state
statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart
constructive notice to purchasers of the land for value and without knowledge; provided, however, that without
limitation, such records shall not be construed to include records in any of the offices of federal, state or local
environmental protection, zoning, building, health or public safety authorities.
2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the
insured claimant; (b) not known to the Company and not shown by the public records but known to the insured
claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or
acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date
such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d)
attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any
statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street
improvements under construction or completed at Date of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any
subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land
is situated.
Form 2210,1 (Calif.) Rev. 6-66
(EXHIBIT A CONTINUED ON BACK)
CL T A Preliminary Report Form
EXHIBIT A (Continued)
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970
(REVISED 10.17.70 AND 10.17.84)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. (a) Governmental police power.
(b) Any law, ordinance or governmental regulation relating to environmental protection.
(c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating
or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement
now or hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part.
(d) The effect of any violation of the matters excluded under (a), (b), or (c) above, unless notice of a defect, lien or encumbrance resulting
from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens,
liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and
without knowledge: provided, however, that without limitation, such records shall not be construed to include records in any of the
offices of federal, state or local environmental protection, zoning, building, health or public safety authorities.
2. Rights of eminent domain unless notice of the excercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant: (b)
not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date
such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company
prior to the date such insured claimant became an insured hereunder: (c) resulting in no loss or damage to the insured claimant: (d)
attaching or created subsequent to Date of PoliCY: (e) resulting in loss or damage which would not have been sustained if the insured
claimant had paid value for the estate or interest insured by this policy.
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLlCY-1979
EXCLUSIONS
In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
. land use
. improvements on the land
. land division
. environmental protection
This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date.
3. Title Risks:
. that are created, allowed, or agreed to by you
. that are known to you, but not to us, on the Policy Date-unless they appeared in the publiC records,
. that result in no loss to you
. that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of
Covered Title Risks
4. Failure to pay value for your title,
5. Lack of a right:
. to any land outside the area specifically described and referred to in Item 3 of Schedule A
or
. in streets, alleys, or waterways that touch your land.
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
Form 8.22101 (Aev 10.84)
RESOLUTION NO. 2553
PLANNING COMMISSION
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A USE PERMIT
ALLOWING THE CONVERSION OF AN EXISTING HEALTH
SPA TO AN OFFICE BUILDING ON PROPERTY KNOWN AS
577 SALMAR AVE. (APPLICATION OF D. LAZARES, UP 88-09).
After notification and public hearing as specified by law on the
application of Mr. David Lazares for a Use Permit and approval of plans
and elevation to allow the conversion of an existing health spa to an
office building on property known as 577 Salmar Ave. in an Interim
Zoning District, as per the application filed in the Planning Department
on August 31, 1988; 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 an appropriate scale 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. Substantial landscaping has been provided which adds to the aesthetics
of the project.
5. The applicant has indicated the provision of 54 parking spaces or a
parking ratio of 1:224 which is consistent with the other office
development approvals.
6. The applicant has indicated that the existing building, due to its
condition, cannot be utilized as a health/fitness club at this time.
7. The Interim Zoning District allows development in an area when the
applicant demonstrates that the Ordinance deprives the property of all
reasonable use.
Based on the above findings, the Planning Commission does hereby grant the
requested Use Permit, subject to the following conditions:
1. Property to be fenced and landscaped as indicated and/or added in red
on the plans. Landscaping and fencing shall be maintained in
accordance with the approved plans.
2. Landscaping plan indicating type and size of plant material, and
location of irrigation system to be submitted to the Planning
Department and approved by the Site and Architectural Review Committee
and/or Planning Commission prior to issuance of a building permit.
~~ W'~~
,..-I
Resolution No. 2553
-2-
\.....
UP 88-09
3. Applicant to either (1) post a faithful performance bond in the amount
of $6,000.00 to insure landscaping, fencing, and striping of parking
areas within 3 months of completion of construction; or (2) file
written agreement to complete landscaping, fencing, and striping of
parking areas. Bond or agreement to be filed with the Planning
Department prior to application for a building permit.
4. Applicant to submit a plan to the Planning Department, prior to
installation of PG&E utility (transformer) boxes, indicating the
location of the boxes and screening (if boxes are above ground) for
approval of the Planning Director.
5. All mechanical equipment on roofs and all utility meters to be
screened as approved by the Planning Directqr.
6. All parking and driveway areas to be developed in compliance with
Chapter 21.50 of the Campbell Municipal Code. All parking spaces to
be provided with appropriate concrete curbs or bumper guards.
7. Underground utilities to be provided as required by Section 20.36.150
of the Campbell Municipal Code.
8. 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.
9. Sign application to be submitted in accordance with provisions of the
Sign Ordinance for all signs. No sign to be installed until
application is approved and permit issued by Planning and Building
Departments (Section 21.53 of the Campbell Municipal Code).
10. 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.
11. Trash container(s) of a size and quantity necessary to serve the
development shall be located in area(s) approved by the Fire
Department. Unless otherwise noted, enclosure(s) shall consist of a
concrete floor surrounded by a solid wall or fence and have
self-closing doors of a size specified by the Fire Department. All
enclosures to be constructed at grade level and have a level area
adjacent to the trash enclosure area to service these containers.
12. Applicant shall comply with all appropriate State and City
requirements for the handicapped.
-
''-......
Resolution No. 2553
-3-
UP 88-09
13. The applicant is hereby notified that the property is to be maintained
free of any combustible trash, debris and weeds, until the time that
actual construction commences. All existing structures shall be
secured by having windows boarded up and doors sealed shut, or be
demolished or removed from the property. Sect. 11.201 & 11.414. 1979
Ed. Uniform Fire Code.
BUILDING DEPARTMENT
14.
Exterior exits from second floor to be one-hour construction.
to be complete on construction plans on material to be used in
corridors. Skylights over exit ways are not approved. Windows
walls closer than 5' shall not be permitted, and protected less
20' .
Details
in
than
15. Retaining walls at property lines are limited to a height of 15 inches
if constructed of wood.
FIRE DEPARTMENT
16. Sprinkler System should be maintained as per UFC 10,309(b)(6)(c).
17. Provide minimum one-hour rated parapet wall when located within 10' of
property line as specific in UBC.
18. Wall openings located within 10' of property line shall be protected
as specified in UBC.
19. Install an approved automatic fire sprinkler system throughout the
building. UFC 10.309(b)(6)(a).
PUBLIC WORKS DEPARTMENT
20. Dedicate a 20' public service easement (PSE) along the southerly
property line from Salmar Avenue to the westerly property line.
REDEVELOPMENT AGENCY
No comment.
PLANNING DEPARTMENT
21. Conditional Use Permit not valid until ratified by the City Council.
The applicant is notified as part of this application that he/she is
required to comply with all applicable Codes and/or Ordinances of the City
of Campbell and the State of California which pertain to this development
and are not herein specified.
Resolution No. 2553
J
'-
-4-
UP 88-09
PASSED AND ADOPTED this 27th day of September 1988 by the following roll
call vote:
AYES:
NOES:
ABSENT:
Conunissioners:
Conunissioners:
Conunissioners:
ATTEST: Arthur A. Kee
Secretary
Stanton, Olszewski, Walker, Dickson, Christ
None
Kasolas, Perrine
APPROVED: Ronald W. Christ
Chairman
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PUBLIC HEARING BEFORE PLANNING COMMISSION.'
ON 9-27-88. RES. NO. 2553 APPROVING
CONVERSION OF HEALTH SPA TO OFFICE
BUILDING - D. LAZARES - (VOTE: 5-0-2)
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