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223 Shelley Ave. (TR8289) ---- r CITY OF CAMPBEll 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Department: CITY CLERK January 3, 1990 Mr. Mike Abdollahi Chateau Beaumonde, Inc. 1925 S. Winchester Blvd. #103 Campbell, CA 95008 Dear Mr. Abdollahi: The Campbell City Council at its regular meeting of January 2, 1990 adopted Resolution 7862 approving the Final Map of Tract No. 8291, accepting the dedications offered thereon, and authorizing execution of street improvement agreement for property located at 223 Shelley Avenue. A certified copy of the Resolution and agreement are enclosed for your files. Please feel free to contact this office should you have any questions. V~rUlY yours, . Ba:b~~:;/::2l~..1# City Clerk J lp II c~: J. Penoyer - Public Works Dept. ~~B.~~!i~!!I THIS AGREEMENT (identified as No. WO 43) made and entered into this 7 day of DeLJl"YI h.....,.. , 19~, by and between CHATEAU BEAUMOND, Inc. 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, on September 5, 1989 City granted conditional approval of Tract 8289 creating sixteen residential lots upon that certain real property commonly known as 219, 223 and 233 Shelley 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 said Tract 8289; NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED APPROVAL, and satisfaction of the conditions to that approval, (1) 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 Owner shall fail to complete the work required by this Agreement within the said 12 month period, the City, after after giving ten (10) days' written notice thereof to Owner, or his successors, may construct and/or install said improvements and recover the full cost and expense thereof from owner, or his 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, upon execution of this Agreement, surety acceptable to the City in the amount of SEVENTY THOUSAND NINE HUNDRED DOLLARS ($70,900.00) 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 (l) 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 full 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 special assessment district created pursuant to any special assessment act as provided in the Streets and Highways Code of 2 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 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. 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 to be deposited with City a sum covering the reasonable market value of the land proposed to be taken and to be included in 3 said SUIT. 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 219, 223, and 233 Shelley Avenue, and the City's property, commonly described as Shelley 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. (17) Nothing contained herein shall be construed to transfer any unvested interests in real or personal property for 4 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. CITY OF CAMPBELL ~~ ~ John Ashworth, Mayor APPROVED AS OWNER: . ~~--L~C--<-1 ~_._...._._..........._._.._._..__._--_._-- '~ FOREGOING INSTRUMENT IS A -mUE ') CORRECT COPY OF THE ORIGINAL 'i FleE IN lWei eFFleE. l'Tr:<:'T: '"?A88.A~;\ OLSASKY, C1TY CLERK, ::YL3Z;2~pt'1J~~,,"'4'7) J / ,'7/c./'O U ",-en /..;;;;:>/ f.. . . .' { 5 . . NOTARY FOR CORPORATE SIGNATURE STATE OF CALIFORNIA County of 0~~ (? lc...{~ I I SSe I On this g~ day of Shn~ "l\\tl~kS6.\e ~ \:).pr R_V"(\ ~. ,1 g~, before me, , a Notary Public in and for the County of~<>-..-\c. CJ.\\.~t..o....., State of California, residing therein, duly cO/Tll1issioned and sworn, personally appeared {'f\', ~ ~~& 0 \\(~\u. known to me ( or proved to me on the basis of satisfactory evidence) to be the person~ who executed the within instrument as - on behalf of the corporation therein named and acknowledged to me that the corporation executed it. - 'iN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the aforesaid County and State the day and year in this certificate first above written. County of ~(J-.1i. CIA/~ "NOTARY SEAL" State of California My corranission expires: u/YJaY: 12J.,f!t \ I, ~-"r::l""~fA~'"^L '~ .", .' .. ~ n. v .N I" ;~~l S~:Qi~Y H~'tLEKSI{\'LEHI I. ". ~l""".: ',~.' ",. ..( ,", - ..-.... t" I , '."::I;"-"'~.'" n;f:L,C-CALlI-u,,~.I'\. .~ 'E,,'f/ Sf,I':;!". CU\RA COurHY ~ HYCOMM. EXP. t,lAR. _!~, 1.9~Lg "'\()~~~ To: Don Viuerly Public Work. Director (~" 0' (4",..... . ,...... '. . 1'" I~ ' * ',. .~ .(l()l ...~ rl l ~ I (~\ \~ CITY OF CAMPBELL MEMORANDUM January 3, 1990 Date: From: J.... PeDoyer Engineering Technician Tract 8289 rinal Hap 223 Shelley lve. ~-'t~~~r ll?f 17 Subject: ---------------------~---------------------~-------------- The attached aap i. .ubmitted for your .ignature. It ha. been reviewed by reterence to the fOllowing: Title Report dated 3-8-89 TR 23 TR 7081 RIS 151 H 26 RIS 491 H 30 lPH 414-39-19, 20 , 21 Engineer', Calc.. Th. original ..p will be on the light table out. ide your door when you are ready to ,1gn it. VO(43) I. ,'. , CITY OF CAMPBELL - COUNCIL REPORT (f}.. ..-.' ". ..' ..,' Meeting Date: 'Category: January 2, 1989 Item # CONSENT CALENDAR Initiating Dept: Public Works Title: Resolution - approving the final map of Tract 8289, 223 Shelley Avenue, accepting the dedications offered thereon and authorizing execution of improvement agreement. RECOMMENDATION: That the City Council adopt a resolution to approve the final map for Tract No. 8289, accept the dedications offered thereon and authorize the execution of an improvement agreement. DISCUSSION: On September 5,1989 the City Council approved a tentative map for a 16 lot subdivision at 223 Shelley Avenue. The developer has complied with all the conditions of approval of the tentative map and the final map is therefore recommended for approval by the City Council at this time. COSTS: -0- Approved by Department Head Approved by City Manager WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY SERVING RESIDENTS OF CITY OF CAMPBELL TOWN OF LOS GA TOS CITY OF MONTE SERENO CITY OF SARA TOGA UNINCORPORA TED AREA 100 East Sunnyoaks Avenue Campbell, California 95008 Telephone (408) 378-2407 December 20, 1989 City of Cam:?bell Building De?artment 70 North First Street Campbell, CA 95008 RE: Tract 8289, Shelley Avenue Campbell Gentlepersons: 'This is the District's "clearance letter" for the recordation of subject development. This District has reviewed and approved the plans for the sewer system servicing this development. Fees due this District have been paid. Bond, adequate to insure subject sewer system installation, has been posted with this District. In short, all of the District's requirements for tract recordation have been met. Very truly yours, William A. Gissler q;a;;7~neer by Mike Fuller Jr. Civil Engineer .W?/mk E-20 Rev. 2-20-86 (FORMERL Y COUNTY SANITA TiON DISTRICT NO.4) TO: City Clerk . l- i C- _ ~ ,l PUBLIC WORKS FILE NO. ---r)--- J 2 if "1 f PIN f S'~l~ '2?ri Please collect & receipt for the following monies: L/tl- tlf-I)!! 35-3396 $ 3372 3521 3521 3372 Project Revenues (specify project) Public Works Excavation Permit Fees: Application Fee Plan Check Deposit Faithful Performance (Cash) Deposit R-1: ($ 35) Other: ($ 50) ($500) (100% of) (ENGR. EST) (4% of FPB) ($500 min.) (7% of FPB) ($ 35 min.) 'L S-/"3~ /1'-/0<:6 c~") 4 1~3 I' y~ 9 Other Cash Deposit (specify) ($200) Plan Check & Inspection Fee 3373 Project Plans & Specifications ($10) 3373 General Conditions, Standard Provisions & Details ($10 or $1/page) 3373 "No Parking" signs ($1/ea. or $25/100) 3373 Work Area Traffic Control Handbook ($5) 3373 Traffic Flow Map ($10) 3380 Traffic Data Services ($40/hr. + material costs) 3373 Map Revisions to Map Companies ($10) 3373 Copies of Engineering Maps & Plans ($.50/sq. ft.) 3520 Fire Hydrant Maintenance ($195/ea.) 3372 Tentative Parcel map Filing Fee ($350) 3372 Final Parcel Map Filing Fee ($300) 3372 Tentative Tract Map Filing Fee ($400) 3372 Final Tract Map Filing Fee ($350) 3372 Lot Line Adjustment Fee/Certificate of Compliance ($350) 3372 Vacation of Public Streets and Easements ($500) 3372 Assessment Segregation or Reapportionment First Split ($500) Each Additional Lot ($150) 3372 Environmental Assessment Categorical Exemption ($500 plus actual cost Negative Declaration above $500) Storm Drainage Area Fee per Acre (R-1, $1,875; Multi-Res., $2,060; all other, $2,250) Park Dedication In-lieu Fee per Unit ($1,132) 3380 Public Works Special Projects 3510 Postage PERMITTEE TOTAL $ 53 1'ID~ ADDRESS NAME OF APPLICANT I '-{1 S~ chcdeau fSpc,umonc/c S, I/J/() C/jc. -;h, FOR CITY CLERK ONLY @M /I]w PHONE ~7K~'4SBO ZIP 9 S-~O cY CaLq e' ~~ II RECEIVED BY ~ DATE / ,-;2 - ~ I - S? 9 -+--- - ~"'m' crt) Q. Gl r:J I ~ ~ Z 0: o ... @ -' C l.l ,. I- Z :l o l.l c Q: c -' l.l .. I- Z .. 1Il '3 Ali SNOS~lid IE 0 1Il 1Il ... 1Il 1Il C >- I- Z :l 0 l.l ... 0 ... l.l ... ... @ 0 @ ',- ~~. -". ---.. ~ / / '<t / ---7 ~~~ /., / / / / / tL~ ..... .... ", , . ...... ~ ., o I<)al N:::> ., CIl Z ... I, e a:: ~ ~ ~~ Cj"> Q: ___UL__ ~. 1-141 u ...J <t ...J Q: W >- :J: CIl o o @ ~I I"l :::::1 !QI ZI '" .. SLI ~I '" :~ 011 <D 10 I ~ ansz) __ __ _L__ -- - ",sIT _ __ _ _ _ _ ,Il( -------u7sr- I I Cl j;;; <\II I g: I I:i: i:\il I _ IIsV9nsa "" - - 11 : (l!~.1._-------rn-. ,il. r CI( r If I _ I N I " -------- ~m I," lel~! ~ ~I F~ :1.~1 ~ ~I F i ~ ~ 101 , -~-..,J~ l-ii-t..1i~;r,;..l.ll..J .. ~ ..... '" fl. '.DI ..11 . ..1 . N!...~: ~ 6~OI ~Ol ,.~ ".gJ/iI al '" ~ fJlI1 rJl-,.....!' _~ ....!If, lS.I,~ I ",", I 10) I . -:-a1~ ~ ~I b."'sl.l. I)jlill.11W)1 F cIO ~I ~~ I ~ I If') ~ ~ ' ii l .,.. '" ,II il~ ft I Kg ("ti ~.. ''''lot> ~"Il "'~N,-d' ~~~)~ ~~~~~ ~ ~ ~:~ ~~2= :..it: ~""! !! ~ ~...::..... :v..~ 9 NIfilI ~. ,,- ~ ~ ~~ s: ,~ <I) <:i Q: ~ ,,!!! ~ ~ <I)" <:i ~:; Q: w > <t I CO, !:!!I "I I' ZLlSZ '" a: r-~ '~ Zw 1-::1 :t~ ~CIl '<'II _Ut.iUl_ ______ ------ GHiZ '11-1 Cl> al m <D 1 Z >- u <t a: I- ~ z e e w a:: (l"lS~ (IIL5Z) Cl> "), 'In.OZ lUll U"Z5Z ~I ,IR "'I :l~ >- W ....J ....J ..:W .. ':x: en S2 = I ~I I ....1 II " . ~H 'flSJ fi @ ~~ @ " "..~. ~..rt" '. ' 1t'If', ' il,!', t'l '-I &I J,g' i:~~~ /Wtl'le 378-1f500 an OF CAllPaEU., an INC:IIlED'S CDIISTRumOll COST ISTwn ~o.. dI~ 2 J3,Z:sr 511€CLtE'j /- .UTtar. e.ft.ppu~tfe~ Claul.. , OnIbbl"l a..cvt Cencrete Cencrote a..ov.1 curb . Outter ......1 JD10t Dratft with '1,. Clarlt . Outter .I....n DrS_., Appre.c1l 1lan41c.p ...., lacn.lle. eun "!Tleade 'UMt ......U01I At r_t "J-t lLalhole to Ol'''' "Jut 1Iandho1e ce Or'" -'-lIt ... .~ftt ,------ 'cren Ir.e (U...llen) '_t 'm,I"I (tlOO 11111) '_Ilt !..... (nOO a1n) 'up, 'tr.at __ or Other III" '_nt "'rbn r_t .., Clat - . U '10.00 _ . ,;r-.Y37'F)IlCfO.l0).C'O.) _ . ~~37#ou I ~93l~ af).(.O.SO).,.z...., _ ./2..469. 8<~' . , -- I .., '75.00 _. 371706 lA' 275.00 _ . - . - . - . - . - . ...., s. latlutt U, . '.00 IF' 3.00 U, S.OO lA' 600.00 -30/ U, 14.00 ~06S- IF' ".00 798 IF' 5.S0 .., 600. 00 u, I.SO ~ 32/ lA' 100.00 lA' JOG. 00 u, 0.15 lA' 40.00 lA' 120.00 lA' 15.00 u, 10.00 'enS t Jlo. J'9 - z <Y? 1t,1>I:.. deu //-/-r!'7 - . )000. oc) - . - . - . - . - . /f;). / cf. DlJ _ . ~ 3tjO.t)o . ~3f31,67} - . 900, ero 2oB,6r- - . - . - . - . - . 2.."70._00 18 - lurfaee Subtotal .." 3 q,003. 'I~ -0- .eP..t. U."rf". "J..t fer etae: -'"CUO,OOO eM 10\, -.">noo,ooo "'aact lOt C+ er .) . a.ccreUu ....,t CeMletor, ..11' 1'\&11 ... .~... tw.fftA.. 12- er 15" acr II" er 11" acr .enet Ialee ......1. kNk . eater ......1e r" 2Je-;a -~ d' 31P . 6)-0 Pe.e ~-It 9~3...()O ~ I'" ""'_C..1t A 11&' 2,000.00 1-SD u, 10.00 250 u, 1.00 -3 .., too. 00 ~ u, 10.00 .:J-.3 ~ u, 70.00 11&, 1,100.00 I 11&' 1,400.00 I 11&' 110.00 - . - . - . - . - . '-/000. c 0 2. st>D- ct.) SOO.CO c:'co. c () - . 4" tJ80,cro - . /~ ~52n.o4 , _. I.' 61. (?'O . _ . "7-, c{ oo.G-" _. (,SO.OJ - . 'lOW. II'rJIIAft . WI.... . 7~ Y~3. VS . 70, 700#00 , f . \ . . " ~ COMMONWEALTH lAND TITLE INSURANCE COMPANY A Reliance Group Holdings Company X_MAIN OFFICE: 333 W. Santa Clara St.. Suite 110 San Jose, California 95113 (408) 998-4646 . WOOL & RICHARDSON & GRAFF . 64 South Fi rst Street . San Jose, CA 95113 _3484 Stevens Creek Blvd. _676 Blossom Hill Road San Jose, CA 95117 San Jose, CA 95123 244-5005 629-0111 PRELIMINARY REPORT OUR NO: 341414 _821 Castro Street Mountain View, CA 94041 (41 5) 965-8833 _ 1100 Hamilton Ave., Suite B Campbell, CA 95008 371-1330 . Attn: Donald B. Richardson, Jr. YOUR NO: BUYER: ABDOLLAHI/MALEKSALEHI PROPERTY ADDRESS: 223 Shelly 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 policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or policies are set forth In Exhibit A attached. Copies of the Po1~cy forms should be read. They are available from the office which Issued this report. Th i s report (and any supp 1 ements or amendments hereto) I s I ssued so 1 e 1 y for the purpose of fac III ta~ I ng the issuance of a policy of title insurance and no liability 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: March 8, 1989 at 7:30 a.m. ESCROW OFFICER: WILLIAM G. MAGLEBY The form of polley 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: GEORGE HIRANO & NORA ALLEDA HIRANO, Trustees of the George & Nora Alleda Hirano 1988 Living Trust 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: See SCHEDULE C attached 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. 341414 1. Taxes for fiscal year 1989-1990, a lien not yet payable. 2. 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. 414-39-020 10-011 $226.51 paid $226.51 open $17,255.00 $13,876.00 None None 3. 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. 4. Public utility easement over the Northerly 5 feet of the premises, as shown on the filed Map. 5. A Deed of Trust to secure an Dated Amount Trustor Trustee Beneficiary Recorded Instrument No. Address indebtedness of the amount stated herein December 5, 1969 $13,000.00 George Hirano, a single man Western Title Insurance Company, a corporation The Sumitomo Bank of California December 15, 1969 in Book 8769 Page 434, Official Records 3733475 515 N. First Street, San Jose, California 6. The terms and powers of the Trust(s) by virtue of which the vestee herein holds title. 7. THE RECORDS DISCLOSE THE FOLLOWING LIENS AGAINST PARTIES HAVING THE SAME OR SIMILAR NAME AS NORIO HIRANO. INQUIRY SHOULD BE MADE TO ESTABLISH THE IDENTITY OF THE PARTI ES: An Abstract of Judgment for Case No. Court Debtor Instrument No. the amount herein stated and any other amounts due 877076 SAN FRANCISCO SUPERIOR COURT NORIO HIRANO, individually, HI-TECH MARKETING LTD., a Delaware Corporation, dba Hitachi Sales & Showroom CALIFORNIA FIRST BANK, a corporation $47,135.11 May 18, 1988 June 23, 1988 in Book K 580, Page 89, Official Records 9735342 Creditor Amount Entered Recorded Page 2 Escrow No. 341414 NOTE 1: The acquisition two years prior Grantor Grantee Recorded instrument and any other conveyance affecting said land within to the date of this report, as follows: GEORGE HIRANO GEORGE HIRANO & NORA ALLEDA HIRANO Trustees of the George & Nora Alleda Hirano 1988 Living Trust August 30, 1988 in Book K 661, Page 296, Official Records 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 and/or 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. LID prior to 1984 DES/erg Page 3 Escrow No. 341414 SCHEDULE C All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: PORTION OF LOT 14, as shown upon that certain map entitled, "Tract No. 23, Shelley Subdivision", which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on February 16, 1932 in Book Y of Maps at pages 54 and 55, and more particularly described as follows: BEGINNING at a point on the northerly line of Shelley Avenue at the dividing line between Lots 14 and 15, as said Avenue and Lots are shown upon the Map above referred to; running thence Westerly along the said Northerly line of Shelley Avenue on a curve to the right with a radius of 470 feet, a distance of 47.53 feet and continuing Westerly along the said Northerly line of Shelley Avenue 33.53 feet; thence leaving said last named line and running Northerly and parallel with the said dividing line between Lots 14 and 15, 258 feet to the said Northerly line of Lot 14; running thence Easterly along said last named line 81 feet to the said dividing line between Lots 14 and 15; running thence Southerly along said last named line 255.59 feet to the point of beginning. (ARB #413-25-008) Page 4 ~ COMMONWFALTH 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. 6-88 (EXHIBIT A CONTINUED ON BACK) (?. ',-00.1 ...,." I L... L 'I II I I.... ,.. tUIl t: 1-4 "4 o ~ , , I~ Q) '''' I ".~ff- , VI r"- ~.. ~ '-l\,:=..; :-T~ <5 I ~~ ~}- ~ r I-e:.. ~.. "'. I 'I~-t... __ .... <:::> -------B11' ,-. -1-' : !~~-I :~.. : t--- . III .t '. r--- l ~"I 1!!T.t__ 1 _ _ _ _ -.".u --:..:.:l-"__I - ....1 ,,: l>' . ~I ~!ilj ji.. I lei. I J '" ...-- '....~. ~ ~ -J ~ I-' ~I I .... Z , . __ 0.. . P APEA .. COMMO~ II., I I '0 I " .. VI o <.0 I .~ - - - I~ ;1 I I .. I ~ " " - -- VI " "" " '" ... ~ ..rl-, r ~~'i",~ r"',/:-'!......, I"', 'l>,,<>, f~1 VtIIO')"' ~, I \ I I . ""I.. I (,11,0., "-IN I I I , I r..l..-t I ! - I N I ~ I .. 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UlN ~I-' o :: ~ i I I :0 P @ I :/ I ~~ ()J~ .... (0 ~8: to", '" @ o '" .., n '" !2 n o c z -; -< .. V' '" '" \fI '" o XI ~ ~ .. p .. '" .. n o c :z -; -< n .. r :;; o ;n z ;; ~ TO: _ City qerk PUBLIC WORKS FILE NO. iR. 8iE,o) WO (43') --~ Please collect & receipt for the following monies: 35-3396 ACCT. ITEM AMOUNT RECEIPT NO. $ 3372 3521 3521 3521 3372 Project Revenues (specify project) Public Works Excavation Permit Fees: Application Fee Plan Check Deposit Faithful Performance (Cash) Deposit R-1: ($ 35) Other: ($ 50) ($500) (100% of) (ENGR. EST) (4% of FPB) ($500 min.) (7% of FPB) ($ 35 min.) Other Cash Deposit (specify) ($200) Plan Check & Inspection Fee 3373 Project Plans & Specifications ($10) 3373 General Conditions, Standard Provisions & Details ($10 or $1/page) 3373 "No Parking" signs ($1/ea. or $25/100) 3373 Work Area Traffic Control Handbook ($5) 3373 Traffic Flow Map ($10) 3380 Traffic Data Services ($40/hr. + material costs) 3373 Map Revisions to Map Companies ($10) 3373 Copies of Engineering Maps & Plans ($.50/sq. ft.) 3520 Fire Hydrant Maintenance ($195/ea.) 3372 3372 3372 (;~31~. 3372 3372 3372 3372 3370 3395 Tentative Parcel map Filing Fee ($350) Final Parcel Map Filing Fee ($300) Tentative Tract Map Filing Fee ($400) Final Tract Map Filing Fee ($350) Lot Line Adjustment Fee/Certificate of Compliance ($350) Vacation of Public Streets and Easements ($500) Assessment Segregation or Reapportionment First Split ($500) Each Additional Lot ($150) Environmental Assessment: Categorical Exemption ($500 plus actual cost Negative Declaration above $500) Storm Drainage Area Fee per Acre (R-1, $1,875; Multi-Res., $2,060; all other, $2,250) Park Dedication In-lieu Fee per Unit ($1,132) ~ 50 'r---U I 'X '7 , 3380 Public Works Special Projects 3510 Postage PERMITTEE TOTAL $ '3SD .- (223 Shelley - (jlaktlLt. ??ea UI14C'YlC1e ) . (J1av)/a-nd. 61./ I/~-S v /92S- S'. W//lc.J;esk glvd. ADDRESS NAME OF APPLICANT PHONE 37 f' -4:>-00 qS?J()~ FOR CITY CLERK ONLY @M ZIP RECEIVED BY ~ ~J~~" D~E In/~/29 J t TRACT NUMBER I PLEASE TYPE OR PRINT HEAVILY - YOU GET THE LAST COpy County of Santa Clara Current Planning Office 70 W. Hedding St., San Jose, CA 95110 Phone: 299-2454 See Instructions Below 1. Location of Tract 2. Proposed Tract Name , 3. Number of Lots & Units 4. Approximate Acreage 5. Date of Planning Oommission Approval of Tenative Map , : ,'.^ .~ 6. Owner's Name 7. Owner's Address 8. Engineer's Name 9. Engineer's Address and Phone Number . . 10. Is the Proposed Tract in 11. Is the Tract Proposed 12. If the answer to 10 or 11 is an incorporated City? for Annexation? yes, What City? i Yes No Yes No 13. RemarKs: RECEIVED SEP 0;) 1989 Public Works/Enginoering INST~UCTIONS FOR COMPLETING TRACT NUMBER REQUEST FORM: 1. Existing frontage and intersecting adjacent streets or reference to existing tract limits. 2. If unknown, so state. Name must be provided prior to recordation if name is to be used. 3. Self explanatory. 5. The tract numberwill be issued only after the Tentative Map has been approved by the Planning Commission. 6. through 12. Self explanatory. 13. For aaditional comments by private engineer/surveyor. NOTES: 1. Enclose copy of approved Tentative Map. 2. The form shall be filled out and the gold copy retained by the engineer. 3. All other copies must be forwarded to Current Planning Office, 70 W. Hedding St., San Jose 95110 4. Where development involves more than one unit, submit a separate Tract Number Request for each unit. 5. Tract Number is automatically void if not used within one year from the date of issue and request in writing for renewal has not been received. 6. A request for renewal shall be in writing and shall include the date of the re-approval or extension and the length of time for such extension 7. The assigned number is not transferable, except upon written re-application. 8. Enclose $ issuance fee. TRACT NUMBER ASSIGNED: This space for machine validation r) /: ("J .x .;.,L.. ~ REQUEST COMPLETE BY. DATE ) ./ .,''''~ """ i /' ,f''''.'' ,~: I::J ,., White - Land DevelaPmenrCoordinator Green - Owner's Engineer Canary - Planning Commission Pink - City Engineer Goldenrod - Owner's Engineer (Preliminary Copy) Routing S6240 REV 8/88 .. / ~ ~ . !iij'IriI_"7 III !.\II," ... , , , , , " "" " ,:." ~">" ~" ~.s> .;.~ / ''( /' ~." Jz-o.:> / ~~ I & / , / I / ~ / ',/ / " /1 /.y )~ ~~ "', N .o;"'t ::::1 " $<1 ~. ~ ""''- ;;' -, 1;)1 . ~ ___~~ ~ -----.~~~~um __UL__ smr-- ..5' ~l ~~ . ~ ~I '" g I I I I ~I 1:: .. o o ~'- ~I \D \D o. Z ",ZR... \D III I r ~_ L-----Wfif -----J!.Jt:~--- ---I I l- I co, t- , ~I "'I ,.. s: 11f1lU.:.._____ ------ .dW I r "'I 101 UZU '01 -----..1JHHl------- ~I '" rnn UIlS1J Ol 0- W Z : J ' ; l' ~ ~ ~ fi..,j .. .... ci IL .~ ,I'; .. I I :1 -I ~l . 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'! ~l QI, SANTA CLARA COUNTY ENVIRONMENTAL HEALTH SERVICES LAND DEVELOPMENT REPORT TO: Qrt7 or l-A-/-4fku- Owner/Applicant ,lUA y~~J lJad C!P;, Location:JICf-JS' :Y4LLLj ~ C4-Aif ~ Date ff-t 0 ~ File No: APAI \f(~J't-(r-~2.J c=J The application is not approved for the following reason(s): The application is approved subject to the following conditions: A sanitary sewer connection will be required.CJD~AC~ ~v'j(~ > No sewers are available, therefore, in order to determine the amount of drainfield required for a septic tank system, percolation tests will be necessary. Individual sewage disposal requirements have been determined for this site. A septic tank permit will be issued for construction of a system which must then be built in conformance with Bulletin "A" or local ordinance. lineal feet of subsurface leaching line with room for 100% expansion and a gallon capacity tank will be required. ~. Existing septic tank(s) must be pumped and backfilled in accordance with Environmental Health standards. A bond in the amount of $ should be posted with to ensure completion of work. Contact the district Sanitarian for final inspection upon completion. ~ Domestic water shall be supplied by an approved water system or by individual well(s) installed to Environmental Health standards. V Domestic water shall be supplied by 3d C-/W 0..0. A bond in the Seal well in accordance with county standards. amount of $ should be posted with to ensure completion of work. Provide water agreement for existing well. Submit revised plot plan to scale (1" = 20') showing house, driveway, appurtenant structures and required drainfield to contour. Leach lines must be at least 50 feet from any swale or from any cut bank over 3 feet and must be at least 100 feet from any existing or proposed wells. Additional Comments ~)It,J DU/I~~/ District Sanitarian 2220 Moorpark Avenue San Jose, CA 9,128 (408) 299-6060 by' J/~ Supervising Sanitarian Conditioned by: Approved ~4217 REV 5/86 , _'&y .......rc:r" - PUBLlCWKS FILE NO. 'N 0 13 Please collect & receipt for the following monies: 35-3396 $ 3372 3521 3521 3521 3372 Project Revenues (specify project) Public Works Excavation Permit Fees: Application Fee Plan Check Deposit Faithful Performance (Cash) Deposit R-1: ($ 35) Other: ($ 50) ($500) (100% of) (ENGR. EST) (4% of FPB) ($500 min.) (7% of FPB) ($ 35 min.) Other Cash Deposit (specify) ($200) Plan Check & Inspection Fee 3373 Project Plans & Specifications ($10) 3373 General Conditions, Standard Provisions & Details ($10 or $1 /page) 3373 "No Parking" signs ($1 lea. or $25/100) 3373 Work Area Traffic Control Handbook ($5) 3373 Traffic Flow Map ($10) 3380 Traffic Data Services ($40/hr. + material costs) 3373 Map Revisions to Map Companies ($10) 3373 Copies of Engineering Maps & Plans ($.50/sq. ft.) 3520 Fire Hydrant Maintenance ($195/ea.) 3372 3372~ '3372 ... \-33"72 3372 3372 3372 3372 3370 3395 Tentative Parcel map Filing Fee ($350) Final Parcel Map Filing Fee ($300) Tentative Tract Map Filing Fee ($400) Final Tract Map Filing Fee ($350) Lot Line Adjustment Fee/Certificate of Compliance ($350) Vacation of Public Streets and Easements ($500) Assessment Segregation or Reapportionment First Split ($500) Each Additional Lot ($150) Environmental Assessment: Categorical Exemption ($500 plus actual cost Negative Declaration above $500) Storm Drainage Area Fee per Acre (R-1, $1,875; Multi-Res., $2,060; all other, $2,250) Park Dedication In-lieu Fee per Unit ($1,132) /1 c C, , c;>C:; 3380 Public Works Special Projects 3510 Postage PERMITTEE TOTAL $ NAME OF APPLICANT G It {1 te 4J U 73 e {fJ U rn 0 n cl (' / /2 s~ S " \/V,/t-? C /1 e s f ~\ ADDRESS FOR CITY CLERK ONLY 0M PHONE TSievd C '--<-c \" \1 t ( , ZIP 9' YCor~ RECEIVED BY --J1I9 DATE tf/ ~j