1209 Smith Ave. (88-13)
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CITY OF CAMPBELL
MEMORANDUM
To:
Bill Helms
Engineering Manager
Date:
June 20, 1989
From:
Jim Penoyer
Engineering Technician
Subject:
Judas Parcel Map Smith/STAR
The attached map is submitted for the signature of the Director of
Public Works. It has been reviewed by reference to the following:
Preliminary Title Report
TR 3374
TR 6426
PM 586 M 49
PM 544 M 4
APN 406-03-29 & 30.
The original will be on the empty desk outside your door when Don is
ready to sign it.
!SiRII!1Il!I
THIS AGREEMENT (identified as No. LvI 40) made and entered
into this day of , 19___, by and
between BRUNO and LILO BARTYZEL and FRANK and GERDA JUDAS ,
hereinafter referred to as "Owner," and the CITY or CAMPBELL, a
municipal corporation of the County of Santa Clara, State of
California, hereinafter referred to as "City."
WHEREAS, City granted conditional approval of Planned
Development Permit 88-12 to construct three townhomes on
properties commonly known as 880 Sand Tomas Aquino Road and
1209 Smith Avenue and described in Exhibit "A" attached and
incorporated herein as though fully set forth, 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 to construct three townhomes;
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., unusa11y
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 FIFTY THOUSAND DOLLARS ($50,000.00) 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 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 Ho. 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 Ho. 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 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 880 San Tomas Aquino Road and 1209
Smith Avenue and the City's property, commonly described as San
Tomas Aquino Road and Smith 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) Hothing 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.
IH WITNESS WHEREOr, 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
Jeanette Watson, Mayor
Barbara Olsasky, City Clerk
APPROVED AS TO rORM:
~~---=
~.. R. Seli~...,
City Attorney
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B uno B.rtfzel...~ -
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rranz Juda
('c7I<Y4Yl
Gerd~Judas
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ALL THAT CERTAIN REAL PROPERTY IN THE COUNTY OF SANTA CLARA, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PORTION OF LOTS 5 AND 8, AS SHOWN UPON THAT CERTAIN MAP ENTITLED,
"MAP OF THE SUBDIVISION OF THE E.N. PARR TRACT", WHICH MAP WAS
FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, ON APRIL 2, 1887 IN,BOOK.B O~
'MAP.S~~PAGE~r511, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:' .
BEGINNING AT A POINT ON THE EASTERLY LINE OF SAN TOMAS AQUINO
ROAD, DISTANT THEREON SOUTH 60 40' WEST 433.05 FEET FROM THE
POINT OF INTERSECTION OF THE SAID EASTERLY LINE OF SAN TOMAS
~QUINO ROAD WITH THE CENTER LINE OF HAZEL AVENUE, SAID POINT OF
BEGINNING ALSO BEING THE SOUTHWESTERLY CORNER OF THAT CERTAIN
PARCEL OF LAND DESCRIBED IN THE DEED FROM RAY K. FARRIS, ET UX,
TO EUGENE W. JONES, ET UX, DATED MARCH 30, 1948, RECORDED APRIL
1, 19118 IN BOOK..:.1591 ,OFFICIAL RECORDS, PAGE 26,lSANTA CLARA COUNTY
RECORDS; RUNNING THENCE SOUTH 60 40' WEST AND ALONG THE EASTERLY
LINE OF THE SAID SAN TOMAS AQUINO ROAD 127.91 FEET TO THE CENTER
LINE OF ELAM AVENUE; THENCE ALONG THE CENTER LINE OF SAID ELAM
AVENUE, NORTH 890 52' EAST, 158.00 FEET; THENCE LEAVING SAID
LAST NAMED LINE AND RUNNING NORTH 00 08' WEST 109.03 FEET TO THE
SOUTHEASTERLY CORNER OF THE LAND SO DESCRIBED IN THE SAID DEED
TO EUGENE W. JONES, ET UX; RUNNING THENCE NORTHWESTERLY IN A
DIRECT LINE AND ALONG THE SOUTHERLY LINE OF LANDS OF SAID EUGENE
W. JONES, ET ux, 1411 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
I;:XCEP-l-I-NG THEREFROM SO MUCH nlEREOF AS LIES WI THI N THE BOUNDS OF
"ELAM AVENUE", AS SAID AVENUE IS DESCRIBED IN THE DEED FROM OPAL
E. MCCLENDON, ET AL, TO COUNTY OF SANTA CLARA, DATED MARCH 1,
1949, RECORDED APRIL 12, 1949 IN BOOK .1771 OFF.I,C1AL"RECORDS, ..eAGE ,
~LI .
ALSO EXCEPTING THEREFROM SO MUCH OF THE PREMISES AS GRANTED IN
THE DEED FROM LOUIS J. ISAIA, LOUISE ISAIA, ROBERT C. HOWE, JR.,
AND MARCELLE N. HOWE, TO COUNTY OF SANTA CLARA, A BODY POLITIC
AND CORPORATE, DArED DECEMBER 7,19511 AND RECORDED DECEMBER 17,
1954 IN 'BOOK:3Q36,.OIi.F.l.CIALRECORDS, PAGE 255'0 DESCRIBED AS FOLLOWS:
A PORTION OF LOT 8, AS SAID LOT IS SHOWN ON "MAP OF THE SUBDIVISION
OF THE E.N. PARR TRACT", WHICH MAP WAS RECORDED ON APRIL 2, 1807 IN
BOOK:B"OF. MAPS" PAGE 57,,, IN THE SANTA CLARA COUNTY RECORDER'S
OFFICE, SAN JOSE, CALIFORNIA, SAID PORTION BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF TNTERSECTION OF THE EASTERLY LINE OF
SAN TOMAS AQUINO ROAD AS THE SAME NOW EXISTS 40 FEET IN WIDTH,
WITH THE NORTHERLY LINE OF ELAM AVENUE (50 FEET WIDE) AS LAST
SAID AVENUE IS DESCRIBED IN DEED FROM OPAL E. MCCLENDON, ET At
TO COUNTY OF SANTA CLARA, RECORDED ON APRIL 12, 1949 IN BOOK.
1.17-1-::.0fFJC.IA,I.....R..ECOBDS,..,PAGE 529 IN SAID RECORDER'S OFFICE.
THENCE NORTH 60 40' EAST, ON AND ALONG THE 'SAID EASTERLY LINE
OF SAN TOMAS AQUINO ROAD, A DISTANCE OF 22.53 FEET.
THENCE, ON A CURVE OF 20.00 FEET RADIUS, DEFLECTING TO THE LEFT
FROM A TANGENT BEARING SOUTH 60 40' WEST THROUGH A CENTRAL ANGLE PF
960 48' AN ARC DISTANCE OF 33.79 FEET TO A POINT OF TANGENCY
IN THE SAID NORTtIERLY LINE OF SAID ELAM AVENUE.
THENCE, SOUTH 890 52' WEST, ON 'AND. ALONG THE SAID NORTHERLY LINE
OF SAID ELAM AVENUE, A DISTANCE OF 22.53 FEET, TO THE POINT OF
COMMENCEMENT.
{
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NOTARY FOR INDIVIDUAL SIGNATURE
County of Santa Clara
I
I SSe
I
STATE OF CALIFORNIA
On this 15th day of
May
, 19 8~, before me t J M Harris
a Notary Public in and for the County of Santa Clara
, State of
California, residing therein, duly commissioned and sworn, personally appeared
Bruno Bartyzel and Lila Bartyzel
personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person s whose nameS are subscri bed to the wi th i n instrument and acknow1 edged
to me that
they
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 1n this certificate first above
written.
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Notaryl ~ l"ib
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in and for the
County of
State of California
Santa Clara
My commission expires
.Tnnf' ~9. 1990
"NOTARY SEAL"
.1
. .
NOTARY FOR INDIVIDUAL SIGNATURE
"
County of
Santa Clara
I
I 55.
I
STATE OF CALIFORNIA
On this
89
t 19 ____t before met
J M Harris
15th day of May
a Notary Public in and for the County of
Santa Clara
t State of
Californiat residing thereint duly commissioned and swornt personally appeared
Franz Judas and Gerda Judas
personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person whose names areSubscribed to the within instrument and acknowledged
to me that
they
executed the same.
IN WITNESS WHEREOFt 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.
I
/ .' t i
'1/ i /4--1 (':'I A J { /
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lC in and for the California
County of
Santa Clara
State of California
My commission expires June 29, 1990
"NOTARY SEAL"
,.,
. I
Meeting Date: July 5, 1989
Category:
CONSENT CALENDAR
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CITY OF CAMPBELL - COUNCIL REPORT
Item #
Initiating Dept:
Public Works
Title:
Resolution - authorizing execution of an agreement with
Bartyzel and Judas to install street improvements at
1209 Smith Avenue
RECOMMENDATION:
That the City Council adopt the attached resolution authorizing the
Mayor to execute the attached agreement with Bruno and Lilo Bartyzes
and Frank and Gerda Judas for the installation of street improvements
in Smith Avenue and San Tomas Aquino Road
DISCUSSION:
On November 16, 1988 the City approved a parcel map for Franz Judas
to divide two parcels at the northeast corner of Smith Avenue and San
Tomas Aquino Road into three parcels with a private cul-de-sac. One
of the conditions of that approval was the installation of street
improvements in the adjacent streets. The attached agreement
obligates the subdivider to the installation of those street
improvements within one year.
COST: -0-
Approved by Department Head
Approved by City Manager
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RESOLUTION NO.
BEING A RELOLUTION AUTHORIZING THE ESECUTION OF
AN AGREEMENT WITH FRANZ JUDAS ET AL TO INSTALL
STREET IMPROVEMENTS AT 1209 SMITH AVENUE
RESOLVED by the City Council of the City of Campbell, California that the
agreement with Bruno and Lilo Bartyzel and Franz and Gerda Judas for the
installation of street improvements in Smith Avenue and San Tomas Aquino
Road, which agreement has been approved as to form by the City Attorney
and this day presented to this Council, be, and is hereby, approved.
BE IT FURTHER RESOLVED by the City Council that the Mayor be, and he is
hereby, authorized to execute said agreement on behalf of said City.
PASSED AND ADOPTED this
by the following vote:
day of
,19_,
AYES: Councilmembers:
NOES: . Councilmembers:
ABSENT: Councilmembers:
APPROVED:
Mayor
ATTEST:
City Clerk
CITY OF CAMPBEll
70 NORTH FIRST STREET
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
Department:
Public Works
April 27, 1989
Hr. Bruno Bartyzel
103 Limestone Lane
Santa Cruz, Ca. 95060
Re: Townhome Development
1309 Smith Avenue
Dear Hr. Bartyzel
Enclosed is the agreement to install street improvements in Smith
Avenue and San Tomas Aquino Road adjacent to your development.
Please return two copies fully executed and notarized. The additional
copy is for your files.
If you have any questions you can call me at (408) 866-2150.
Sincerely:
James Penoyer
Engineering Technician
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CITY OF CAMPBELL
70 NORTH FIRST STREET
C AMP BEL L. C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
Department:
Public Works
April 27, 1989
Hr. Bruno Bartyzel
103 Limestone Lane
Santa Cruz, Ca. 95060
Re: Townhome Development
1309 Smith Avenue
Dear Hr. Bartyzel
Enclosed is the agreement to install street improvements in Smith
Avenue and San Tomas Aquino Road adjacent to your development.
Please return two copies fully executed and notarized. The additional
copy is for your files.
If you have any questions you can call me at (408) 866-2150.
Sincerely:
~~~ P.-L-1A.~
fames Penoyer U
Engineering Technician
TO: City Clerk
ACCT.
35-3396
3372
3521
3521
3372
PUBLIC wuRKS FILE NO.
Please collect & receipt
for the following monies:
(specify pro'ect)
P eJtr.Id e.eA :
R-l :
($.35)
($200)
:t VI.:
($ 50)
{ 500)
(4% of FPB)
( $ 5 00 m in. )
(7% of FPB)
($ 35 min.)
(Cash) Depos i t
Plan Check & Inspection Fee
3521 Other Cash Deposit (specify)
J373
3373
/)
~.
3372
}372
3372
3372
3372
3372
3370
J395
Tentative Parcel Map Filin Fee ($350)
Final Parcel Map Filing Fee 300
Tentative Tract Map Fil ing Fee ($400)
Final Tract Ma Fil in Fee ($350)
Lot Line Ad'ustment Fee/Certificate of Com 1 iance
Vacation of Publ ic Streets and Easements
Assessment Segregation or Reapportionment
First Spl it ($500)
Each Additional Lot ($150)
Environmental Assessment:
Categorical Exemption
Ne ative Declaration
Storm Drainage Area Fee per Acre Multi-Res.,
$2,060; all other, $2,250)
Park Dedication In-I ieu Fee per Unit ($1,132)
3380 Public Works Special Projects
3510 Postage
NAME
ADDRESS
TOTAL
frt:en-z- )udl1fJ'
7- J Lf 'l. 0 ..r>-ea r Lv'(.L k
PHONE
~J (,4(;J
AMOUIH
$
~
"3J"O
$ 35--0
c>-p-~
ZIP
;Y--.S -eJ 30
vii
FOR
C I TV CLERK
ClN1.Y
RECEIPT NO.
7C?()
3S{). ()~
~
/()-Iq-fi'g
AMOlJIIT PAID
RECEIVED BY
DATE
July, 1987
TO '979 1"-761
APPLICATION NO. LG!~77192
Exhibit I
A. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1976-1977~ A LIEN NOT
YET PAYABLE.
ASSESSMENT NO.
CODE NO.
FIRST INSTALLMENT
(INCLUDES WEED
SECOND INSTALLMENT
(INCLUDES WEED
ASSESSED VALUATION
ASSESSMENT NO.
CODE NO.
FIRST INSTALLMENT
SECOND INSTALLMENT
ASSESSED VALUATION
~5-11-0iiJ~
- 3C!
$65.09 PAID
LIEN OF $20.53)
$65.09 PAYABLE BUT NOT YET DUE
LI EN OF $20.53)
OF PERSONAL PROPERTY: NONE
:~-ll-~
: 62-032
$401.26 PAID
$401.26 PAYABLE BUT NOT YET DU
OF PERSONAL PROPERTY: NONE
APPLICATION NO. LG-377192
Schedule B
-
This policy does not insure <Iu"inst loss or c1amaw:. nor ilUillnst costs. illtol'llCvs"lccs or e~penses, allY or all of which
ari se by fe<lson of the follow ing:
Part I
All mattcrs set forth in pardU1'<lphs mUllbtlred l(onc) to 11(clevl:n) inclll::iive 011 the illside cover sheet of this policy under
the headill{J of Schedule Ii PMt I.
Part II
1. TAXES, BONDS AND/OR ASSESSMENTS, SEE EXHIBIT I ATTACHED.
2. A LEASE, AFFECTING THE PREMISES HEREIN STATED, EXECUTED BY AND
BETWEEN THE PART IE S NAMED HERE IN, FOR THE TE RM AND UPO~1 THE TERMS,
COVENANTS AND CONDITIONS Tt-IEREIN PROVIDED
DATED JUNE 8, 1970
LESSOR DONNA D. MILLER
LESSEE PETROL STOPS NORTHWEST
TERM 5 YEARS
RECORDED: DECEMBER 30 AS INSTRUMENT NO. 5510977
AFFECTS: PREMISES IN QUESTION
RECORDED
OF THE LESSOR'S INTERESt IN SAID LEASE WAS
DONNA D. MILLER
BRUNO BARTYZEL AND LILO BARTYZEL, HIS WIFE,
JUDAS AND GERDA JUDAS, HIS WIFE
DECEMBER 30, 1976 AS INSTRUMENT NO. 5510978
AND FRANZ
AN ASSIGNMENT
EXECUTED BY:
TO
BENEFICIARY
RECORDED
INS TRUMENT NO.:
TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN
DECEMBER 30, 19'76
$37,000.00
BRUNO BARTYZEL AND LILO BARTYZEL, HIS WIFE, AND FRANZ
JUDAS AND GERDA JUDAS, HIS WIFE
TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA
CORPORATION
DONNA D. MILLER
DE C E MB E R 30 , 19 7 6
5510980
3.
A DEED OF TRUST
DATFD
AMOuNT
TRUSTOR
TRUSTEE
TO 1866 C (8--751 American Lnnd Title A" ,ial ion Loan Pol icy. 1970 wi III AL T A F ndorse FOlIll 1 COllernqe or American
Land Title Association Owner's Policy Forni 1319;0 or Calilorni<l Lnnu Tille AssoCiation Slandard Cover<lge l'olicy-1913
APPLICATION NO. LG-377192
Schedule C
The land referred to herein is described as follows:
ALL THAT CERTAIN REAL PROPERTY IN THE COUNTY OF SANTA CLARA, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PORTION OF LOTS 5 AND 8, AS SHOWN UPON THAT CERTAIN MAP ENTITLED,
"MAP OF THE SUBDIVISION OF THE E.N. PARR TRACT", WHICH MAP WAS
FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, ON APRIL 2, i887 IN .BOOK.B O~
'MAPS~_PAGE'v5q, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF SAN TOMAS AQUINO
ROAD, DISTANT THEREON SOUTH 60 40' WEST 433.05 FEET FROM THE
POINT OF INTERSECTION OF THE SAID EASTERLY LINE OF SAN TOMAS
~QUINO ROAD WITH THE CENTER LINE OF HAZEL AVENUE, SAID POINT OF
BEGINNING ALSO BEING THE SOUTHWESTERLY CORNER OF THAT CERTAIN
PARCEL OF LAND DESCRIBED IN THE DEED FROM RAY K. FARRIS, ET UX,
TO EUGENE W. JONES, ET UX, DATED MARCH 30, 1948, RECORDED APRIL
1, 1948 IN BOOK,~1591.0FFICIAL RECORDS, PAGE 26, ~SANTA CLARA COUNTY
RECORDSj RUNNING THENCE SOUTH 60 40' WEST AND ALONG THE EASTERLY
LINE OF THE SAID SAN TOMAS AQUINO ROAD 127.91 FEET TO THE CENTER
LINE OF ELAM AVENUE; THENCE ALONG THE CENTER LINE OF SAID ELAM
AVENUE, NORTH 890 52' EAST, 158.00 FEET; THENCE LEAVING SAID
LAST NAMED LINE AND RUNNING NORTH 00 08' WEST 109.03 FEET TO THE
SOUTHEASTERLY CORNER OF THE LAND SO DESCRIBED IN THE SAID DEED
TO EUGENE W. JONES, ET UXj RUNNING THENCE NORTHWESTERLY IN A
DIRECT LINE AND ALONG THE SOUTHERLY LINE OF LANDS OF SAID EUGENE
W. JONES, ET UX, 144 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
E,XGEP-:J:..I..NG THEREFROM SO MUCH THEREOF AS LIES WITHIN THE BOUNDS OF
"ELAM AVENUE", AS SAID AVENUE IS DESCRIBED IN THE DEED FROM OPAL
E. MCCLENDON, ET AL, TO COUNTY OF SANTA CLARA, DATED MARCH 1,
1949, RECORDED APRIL 12, 1949 IN BOOKl771 OFFICIAL: RECORDS, ~A.GE ?
0:,529.,
ALSO EXCEPTING THEREFROM SO MUCH OF THE PREMISES AS GRANTED IN
tHE DEED FROM LOUIS J. ISAIA, LOUISE ISAIA, ROBERT C. HOWE, JR.,
AND MARCELLE N. HOWE, TO COUNTY OF SANTA CLARA, A BODY POLITIC
AND CORPORATE, DATED DECEMBER 7, 1954 AND RECORDED DECEMBER 17,
1954 IN BOOK ;3036 OFE.1CIAL RECORDS, PAGE 255,- DESCRIBED AS FOLLOWS:
A PORTION OF LOT 8, AS SAID LOT IS SHOWN ON "MAP OF THE SUBDIVISION
OF THE E.N. PARR TRACT", WHICH MAP WAS RECORDED ON APRIL 2, lBB? IN
BOOK.B OF MAPS, PAGE 57" IN THE SANTA CLARA COUNTY RECORDER'S
OFFICE, SAN JOSE, CALIFORNIA, SAID PORTION BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF
SAN TOMAS AQUINO ROAD AS THE SAME NOW EXISTS 40 FEET IN WIDTH,
WITH THE NORTHERLY LINE OF ELAM AVENUE (50 FEET WIDE) AS LAST
SAID AVENUE IS DESCRIBED IN DEED FROM OPAL E. MCCLENDON, ET AL
TO COUNTY OF SANTA CLARA, RECORDED ON APRIL 12, 1949 IN BOOK~
1771., OFF.Il;:' ~ Al..".RECORD$", pAGE 529 I N SA I D RECORDE R 'SO F FIe E .
(B)
APPLICATION NO. LG-377192
THENCE NORTH 60 40' EAST, ON AND ALONG THE 'SAID EASTERLY LINE
OF SAN TOMAS AQUINO ROAD, A DISTANCE OF 22.53 FEET.
THENCE, ON A CURVE OF 20.00 FEET RADIUS, DEFLEtTING TO THE LEFT
FROM A TANGENT BEARING SOUTH 60 40' WEST THROUGH A CENTRAL ANGLE pF
960 48' AN ARC DISTANCE OF 33.79 FEET TO A POINT OF TANGENCY
IN THE SAID NORTHERLY LINE OF SAID ELAM AVENUE.
THENCE, SOUTH 8go 52' WEST, ON AND. ALONG THE SAID NORTHERLY LINE
OF SAID ELAM AVENUE, A DISTANCE OF 22.53 FEET, TO THE POINT OF
COMMENCEMENT.
.'7
OFF'/CE OF COUNTY ASSESSOR '" SA.\'TA ,...ARA
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8
~. PARR TRACT
MEMORANDUM
CITY OF CAMPBELL
To:
From:
Subject:
Bill Helms
Engineering Manager
Date:
April 27, 1989
James Penoyer
Engineering Technician
Judas Parcel Map
1209 Smith Ave. . S.T.A.R.
I would like to have the benefit of a review of this final map by you
and The Director before I send the red-lined check prints back to the
Engineer.
This pre-review by The Director is intended to avoid a repetition of
the last-minute press for a hurried review and signing of the map by
the Director, with the applicant waiting impatiently, as has
sometimes occured recently.
CITY OF CAMPBEll
70 NORTH FIRST STREET
CAMPBELL. CALIFORNIA 95008
(408) 866-2100
Department:
Public Works
December 20, 1988
i
Mr. Franz Judas
21420 Bear Creek Rd.
Los Gatos, Ca. 95030
Re: Parcel Map
1209 Smith Ave. &
880 S. San Tomas Aquino Rd.
Dear Mr. Judas:
Enclosed is your receipt for the fe~ in lieu of dedication of lands
for parks in the amount of $2,264.00. This payment plus the one you
previously made satisfies the requirement levied as a condition of
approval of your map. Thank you for your prompt response.
.
If you need to contact me I can be reached at (408)866-2150.
Sincerely:
James Penoyer
Engineering Technician
T0: City C Ie rk
PUBLIC _RKS FILE NO.
Please collect & receipt
for the following monies:
ACCT.
--.--
35-3396
project )
PVU'!lU feu:
;t VL:
($ 50)
'( 500)
(4% of FPB)
($500 m in. )
(7'1u of FPB)
($35min.)
R-l :
($35)
3372
3521
3521
(Cash) Depos i t
( $200)
3372
Plan Check & Inspection Fee
3521 Other Cash Deposit (specify)
J373
3373
Project
General
&
3372
3372
3372
3372
3372
3372
3372
3372
Tentative Parcel Map Fil ing Fee ($350)
Final Parcel Map Fil in Fee ($300)
Tentative Tract Map Fil ing Fee $400
Final Tract Map Fil in Fee ($350)
Lot Line Ad'ustment Fee/Certificate of Compl iance
Vacation of Publ ic Streets and Easements
Assessment Segregation or Reapportionment
Fi rst Spl it ($500)
Each Additional Lot ($150)
Env i ronmen ta I As se s smen t: .
Categorical Exemption
Ne ative Declaration
Storm Drainage Area Fee per Acre Multi-Res"
$2,060; all other, $2,250)
Park Dedication In-lieu Fee per Unit
3370
3380 Publ ic Works Special Projects
3510 Postage
TOTAL
NAME
Fran z.
L I LJ 2.0
J udGS
"BeCt v Lv~ k
ZIP
'7 so J 0
PHONE
72-J.
Los c~ tb~
ADDRESS
FOR
C I TV CLERK
C1NLY
RECEIPT NO.
r2...3 f? 7
:J. :;Lv4 H
, 1--. p
//f.t;/jP7
I l
AMOUNT PAID
RECE 'VED BY
DATE
AMourn
$
'2. '2- ~~ ~
0.-()
$ '2.. ?. C::. 4- ~
July, 1987
/)
, /
,~)
~Iln% TERMITE CONTROL CORP, "" TRANSPORT STREET, PALO ALTO, CAliFORMA "'"
PHONE (415) 328-0590
RECEIVED
JAN 04 1989
PUBLIC WORKS
ENGINEERING
h'C~L-.05G'O ,. Pf--FAS-E r'//t...'O A CdEe. K.
"cC"'f{ 1J2.)26Lf - Fe,</.. AD/lI?fM/AJAI- FEE'>
I,A.) c.. f (3 I/Y Or L-A,t,)lJ 0t30"'-H..7"/ofl-! FeR P04I~ l.e- S
/ )vi RE 6 A.. R i) T6 TNE P4Rc: 6 l- )-IA, I;:) F'c--tC"
/ J 0 C( .5~1 (,7';-f $. 880 _:;. _,;':; A ~) .7:{o~-/ ~) A Q u rtll c -
J7 tEAS; E ~c;E-A)f) 4 1JE C"/ E p;- Fol( T /II S
jJ4YNE,.0T.
.---.,.0:;-
/ fi'-'e.;- YCL.'t.2 s_
/?;i-~/ 9,~f~
CITY O'F CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
Department:
Public Works
December 21, 1988
Mr. Franz Judas
21420 Bear Creek Rd.
Los Gatos, Ca. 95030
Re: Parcel Map
1209 Smith Ave. &
880 S. San Tomas Aquino Rd.
Dear Mr. Judas:
Enclosed is your receipt for the fee in lieu of dedication of lands
for parks in the amount of $1,132.00. Unfortunately there was an
error in the conditions of approval that were sent to you and the
condition should have called for a fee of $1,132.00 for each of the
three parcels beinq created.
If you have any questions concerninq this matter please call me at
866-2150.
Sincerely:
James Penoyer
Engineering Techniciafi
~*****t*t*ttt****t*r*rt**t;*t***tt**r*
;:~::t:*:*:*:f*ttt*:f:f:t:*:t::t::*::tt:r:t:*tt:t: t:t::t:t:t::t::t: tt:i::t:
C I T'l OF CAt-1PBELL
tt*:t:t:nt:t::t:t:Hl:f::t:n::t:t:t:t::t::tl:tt:ttrt.t:*t:t::n: :t:
Xi09
12-14-:3E
C0
~1f1[10
1215
14:51:27
PARKLAND DED FEE
ACCT: 095.308.3395 RECEIPT# 001926
AMT. 1J132.0t
Pt'1 8:::-12
TOTAL:
L 1.32 . (I(
At-10UNT iENDEFE[
CHECK: 11-35
L.I : 32 . [1(1
::HANGE :
t10
;:'A"i'O~~ :
F JUDAS 2142(; BERF.: eRI< F.:D LC
--- THAt'lL 'lOll I')EFC/ nUCH -__
..iE APPF.~ECIATE \'OUR E:U:::INESS
KEEP THIS F.:=:CEIPT I
****t*tt*tl***tf**f*;t*ttt*t*t*t*t***~
..
1-----
(~ITY OF C1\MPIIELL
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
Department:
Planning
November 16. 1988
PM 88-13
(In Conjunction With File H ZC 88-08/PD 88-12)
(Approved by Planning Commission on: 9-13-88)
(Approved by City Council on: 10-4-88)
APPROVAL OF TENTATIVE PARCEL MAP
LANDS OF Franz Judas
APN 406-3-29 & 30
SITE ADDRESS: 880 S. San Tomas Aquino Rd.
1209 Smith Ave.
Final map thereof shall be filed with the City Engineer for examination.
approval and recordation in accordance with the provisions of the
Subdivision Map Act.
This approval is subject to the following conditions:
1. File a parcel map in accordance with the provisions of the State
Subdivision Map Act.
. ",..:t" '"~". :""l~ ,,>~:;:,,;~>:.~o:fk~>',i!;::;' .i, "'. .~:? :';;;';^~;;:.' /'/ ,,\\,:> :,; ,:,." "., '. "'. f: ,"; 'i,~';'~ ':'!,;, "'"
3. Fences and landscaping shall be located so as to avoid creation
of any site obstruction for vehicles.
APPROVED BY THE PLANNING DIRECTOR
ON N vember16, 1988
l .iL, i\
{//
.' --.,'.. \.
ARTH A. KEE. PLANNING DIRECTOR
APPROVED BY THE CITY ENGINEER
ON November 16, 1988
{
i ( ~/
DONALD C. WIMBERLY,
PUBLIC WORKS
MANDATORY FINDING: This Tentative Parcel Map, together with the
provisions for its design and improvement. is consistent with the
General Plan of the City of Campbell.
TO: City Clerk
PUBLI C \ .\KS FI LE NO.
Please collect & receipt
for the following monies:
ACCT.
----
35-3396
3372
3521
3521
ITEM
Project Revenues (specify project)
PubUc. (:Jo:tlu Exc.ava.-uol1 PVwla re.M:
App 1 i ca t i on Fee
Plan Check Deposit
Faithful Performance (Cash) Deposit
R-] :
($'35)
($200)
O:theJt :
($ 50)
'( $500)
(4% of FPB)
($500 min.)
(7~ of FPB)
($ 35 min.)
3372
Plan Check & Inspection Fee
3521 Other Cash Deposit (specify)
3373
3373
Project
General
&
3372
3372
3372
}372
3372
3372
3372
3372
Tentative Parcel Map Fil ing Fee ($350)
Final Parcel Hap Fil ing Fee ($300)
Tentative Tract Map Filing Fee ($400)
Final Tract Map Fil in Fee (S350)
Lot Line Ad'ustment Fee/Certificate of Compl iance
Vacation of Publ ic Streets and Easements
Assessment Segregation or Reapportionment
First Spl it ($500)
Each Additional Lot ($150)
Envi ronmental Assessment:'
Categorical Exemption
Ne ative Declaration
Storm Drainage Area Fee per Acre Multi-Res.,
$2,060; all 0 the r, $2,250)
Park Dedication In-lieu Fee per Unit
3370
3380 Publ ic Works Special Projects
3510 Postage
NAME
F \,0. n 'Z-
21420
TOTAL
Judct$ ~
13e..Ct.r Creek RJ,l-DS Gqtos
Pl'1 ry-- /3
AMourH
$
)/'3'2..(00
$ J(-:5?... .00
ADDRESS
ZIP CY70~O
FOR
C I TV CLERK
OIlLY
RECEIPT NO.
~/
1 )~d (;'0
I'-f;J5)r~
AMC)UIlT PAID
RECE I VED BY
DATE
July, 1987