Sanford Ave. (1960)
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C9ity or 8ampbell
Office of the
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912 First National Iaat Building
San Jose lJ. CalifCdd.a
State of' C9alifornia
September 23. 1960
Mr. brt ;ro88 , Architect
390 'ali Avenue
San 1'".., California /~
b: Spivey' 8 Re8taurant Addition
Dear Mr. Gro.s:
My attention haa been called to the fact that your client,
Carl A. Bohnett, has authorized the improvements called for
in your application to City of Campbell for "s" zone ap.
preval.
You are reminded that any affirmative action by your
client under that approval i8 at his own risk in view
of the fact that the agreement with the City which in-
clude. dedication of land for street purp08es has not
been agreed.
Either the agreement be signed or further improvements
be halted until there i8 full compliance with the "s"
zoae approval conditions.
Obviously your client cannot be granted preferential
treatment in this connection even if it means testing
the City's authority to require the dedication.
Very truly yours,
JAB: ea
Joseph A. Bon.clna
City Attorney
cc: Carl J. MOrtensen, City Engineer
BYron Snow
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september 15, 1960
Mr. Joseph A. Bonacina,
City Attorney
913 First National Bank
:: J::: Calif?
SUBJECT: Spivey's Restaurant--Violation of Council Conditions
Building
II /(
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This is to bring you up to date in the matter of
construction of an addition to Spivey's Restaurant, "s"
Approval for which was granted by the City Council on March 21,
1960 with certain conditions attached. The most ~rtant
of these conditions was that the owner was to enter into a
written Agreement with the City Council concerning dedication
of land and installation of public tmprov~aents. While this
Agreement has been presented to the owner for execution, it
has not yet been executed and returned to the City.
In lieu of the Agreement, a letter from the owner's
architect, Kurt Gross, dated April 1. 1960 was used as a
basis for recommending to the Building Inspector that he issue
a Building Permit. It was felt that reasonable people were
being dealt with and this cooperation on the part of this
office was in order to expedite the owner's interest. I
am enclosing a copy of this letter from Mr. Gross along with
a copy of my letter to Mr. Gross dated March 28, 1960. These
copies, along with my letter to Mr. Bohnett dated June 29, 1960
and my letter to Mr. Gross dated July 8. 1960, copies of which
were sent to you at the time of mailing, comprise the corres-
pondence to date related to this matter.
At the present tLme, a major portion of the remodeling
a.rrl addition to the building has been completed. A subcontractor
is in the process of removing existing sidewalk, curb, gutter,
and pavement in the construction area preparatory to the
installation of new public improvements.
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Mr. Joseph A. Bonacina
-2-
september 15, 1960
While the Agreement has not yet been signed and teChnically
a Building Permit should not have been issue~ the fact remains
that the Building Permit has been issued on the strength of
. the above information and the improvement plan of the proposed
public impZ'ovements has been approved by this office. A street
excavation permit has been obtained; hence, I see no alternative
for this office but to permit the continuation of current
construction, submitting it to the usual inspection and, upon
satisfactory completion, accepting these ~provements.
As matters stand now, the project is on the way to
completion, the City Council having been completely ignored
as to its requirement of the written Agreement as a condition
of this work even starting.
At this point I must leave this matter in your hands
trusting that you will contact me for any information or
assistance that you might need in handling the matter.
Very
tr? y~~,
J. :;l~nsen
Engineer
Carl
City
CJM : cb
Enclosures 3
cc: Mayor
a
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July 8, 1960
Mr. Kurt Gross, Architect
390 Park Avenue
San Jose, California
Dear Mr. Gross:
SUBJECT: DoCUl'll8nta Belative to liS" Ap):)roval--
SPivev's aeai:aurant
Please refer to your le~"r addressed to me, dated
April 1, 1960, and alao recall our conversation in my
office about thr.e weeks ago, when you came in to
inquire about certain detaila related to the tmprove-
menta to be made at the Medical-Dental Ceni:er on
Campbell Avenue ai: Poplar Avenue.
On June 29, 1960, we ma1led to Mr. Bohnett, the
owner of the property on wh1ch Spivey's Restaurant
is located, copies of an Agreement and a Grant Deed
to be executed by h1.Rl as a condition required by the
City Council for granting "S" Approval for the
proposed work on this location. Aa yet, we have
had no reaponse from Mr. Bohnett. I have heard that
Mr. Bohnett may aoon be leaving the Cii:y again for
an extended period of t1l8e. Consequently, I urge
you i:o expedite, as promiaed, the execution and
return i:o this office of the above-mentioned docu-
IIl8nt. a. required by the City Council at it. regular
meeting of March 21, 1960.
Very truly your.,
Carl ~ l?::~..n
Cii:y Engineer
CJM;cb
cc: Mayor
City Attorney
.
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June 2':.1, 1::'100
Mr. Carl U Bohnett
P.O. Box 236
Campbell, California
Dear Mr Bohnett:
y
SUBJECT: "5" Approval-Addition to SEivey's Restaurant
On March 21, 1960, the City Council granted "5" App!'oval
for addition to and remodeling of Spivey's Restaurant on
your propert}" at the northeast corner of ~anchester Road
and Sanford Avenue. This liS" Approval was granted on
the condition that you, as the o\t.'ner of the property,
would enter into a 'wTitten agreement with the City
Council to dedicate certain portions of your property
for street purposes and, at some future date, install, or
cause to be installed, certain public improvements within
this area dedicated. This action was recommended by the
Planning Commission as a result of an application file,::
with them by Mr. Kurt Gross, Architect, acting as an agent
for Spivey's Restaurant, who is the current lessee of a
certain portion of your property in this location
At the time ~~is application was being acted upon
by the Planning Commission and the City Council, you w'ere
out of the City. Mr. Gross promised me that he would
arrange to have these matters attended to upon your return
to the City. It was only a few da:ys ago that l: learned
that you had returned. Although Mr. Gross has more recently
promised to supply me with information \lJhich I had requested
that he obtain from you, no progress has been made in this
direction.
In good faith and upon the promise of ~~. Gross that
the necessary agreement and deed would be forthcoming,
I waived the ~ediate requirement of these documents and
recommended to the Building Inspector that a building permit
be issued for the construction as approved by the Planning
It
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~tt. Carl U. Bohnett
-2-
June 29, 1960
Commission. Now that you are available, I hope you will
find it convenient to execute the enclosed Agreement and
the enclosed :Deed of dedication at this time. Please
note that the Agreement must be notarized. I have enclosed
three (3) copies of each of these documents, two (2) each of
which are to be executed and returned to this office, the
extra copy of each to be retained in your files.
For your information, I am enclosing a copy of Mr. Gross's
letter in which he agreed to arrange for the 1'1andling of
these matters#
Thank you for your anticipated cooperation in complying
wi th the conditions of this "s Ii Approval stipulated by the
City Council.
Very
truly yours,
f- 9.1JJ1.
J. !artensen
Engineer
Carl
City
CJM:CB
Enclosures 7
cc: City Attorney
Hr. Kurt Gross
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SANFORD
AVENUE
I Land to be granted to City
LAND TO BE GRANTED TO THE
CITY OF CAMPBELL FOR
STREET PURPOSES
Prepared by the Office of the City Engineer
June I 1960 Campbell, Cal ifornia
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COHDlTIORS ATTACHED TO "I" ......OVAL fJI ru.a ,. ADDITI01C AID UMODBL-
me W SPIVEY" USTAUlAltT (If TH2 H/B COUlD at IAlIPORD AIJI) WItICHUTIIl
ROlD APftOYED "T A UGUI.Aa MllTDG C'JI TIll CAMPBILL PLANRIa; CCltMlISIOlt
HBLD ON THE lSth lilY 01 MARCH. 1960.
l. 16 ft. driveway appr...ch frQID Sanford Street for truck traffic.
2. 30 ft. rad1u. on curb frea CaaIOD radius point.
3. Owner to enter into witteD aare.aut with City Council
coveriaa the follov1Dl .tter.;
.) Decl1cation. at th1e time. for .treat purpo.... . .trip
of land 20 feet wide frcmtlDl SaDte Clara-Loa Catoe Ilead. 10 feet
wiele front1D1 Sanford Street and .. required to provide a return
of 20 foot rad1u. at corner.
b) x.prov~t. in acc:ordllnc:e with City 8tanclarde, a. required
by City lDaiD..r, of frontes- em Santa Clara-toe Geto. lload to 90
foot p1n line, frontap on &inferd Street to 60 foot plaD line and
return area .. required for 30 foot radiu. curb, 10 foot .i~lk
on lenta Clara-LotI GIItoa iload and 5 !Get .ic:IMMlk on Sanford Street
in aru. of decU.eaticm and out to .ound axi.d. DI pav.....t II and
inc1ud1na curb, sutter, .i~lka and ~t. The.e 1IDprOY~t.
are to be coaetructed by owner, at hll expeIl.e, at euc:h tilDe ..
streeta concerned are 1Jwprond in dUe vicinity and City Council
calli for 1JIprov-..ta to b. inatalled.
Owner to have u.. of dMicated ar... for all 1e..1
purpoa... except ~_t conetructiou, UDtil 8UCh
time .. atreet Uaprov.....t. are required and called
for by City Council.
c) Aareement and deed to be recorded.
CAMPBELL P'LANNDfG CCIIaSllOR
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By :=--~-.,~----- ..;.~u;~__.._____
EvelYn AdaIuon, Deputy City Clerk
CAMPBELL ~ITY COORClL
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City Clerk