Loading...
1800 White Oaks Rd. (91-01) r". ~ , !~R.~~!i~!!! THIS AGREEMENT (identified as No.WO 78) made and entered into this IS" day of fVltt~ ' 1.9.jJ, by and between ANTHONY P. JANOVICH apd KAREN R. JANOVICH, hereinafter referred to as "Owner," and the CITY OF CAMPBELL, a mcnicipal cori1oration of the County of Santa Clara, State of California, hereinafter referred to as "City." WHEREAS, City granted Conditional Use Permit, Up 91-01 to allow the move-on of a secondary family residence upon that certain real property described in that Grant Deed filed on January 22, 1991 in Santa Clara County Official Records, identified as series No. 10784875, and commonly known as 1800 White Oaks Road, which property is hereinafter referred to as "said real property"; WHEREAS, compliance with the terms and conditions of this agreement are conditions to the final approval of above described application; NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED APPROVAL, and satisfaction of the conditions to that approval, the following are agreed to by and between the parties: (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 Owners shall fail to complete the work required by this Agreement within the said 12 month period, the City, after giving ten (10) days written notice therof to Owners, or their successors, may construct and/or install said improvements and recover the full cost ~nd expense thereof from Owners, or their successors. (3) Owner, or his successors, shall cause to be prepared at his cost and expense improvement plans for the construc- tion and/or installation of said improvements prior to such construction or installation. Said plans shall be prepared by a civil engineer registered by the State of California and submitted to the City Engineer for examination and approval. I 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 ten percent (10%) of the estimated cost of the improvements at the time of construction. (6) Owner, or his successors, shall file with City, prior to approval of the plans by the City Engineer, surety acceptable to the City in the amount of FOURTEEN THOUSAND DOLLARS (S14,000.00)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 ~ 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 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 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. I (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 1800 White Oaks Road, and the City's property, commonly described as White Oaks Road 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. A (17) Nothing contained herein shall be construed to transfer any unvested interests in real or personal property for purposes of the rule against perpetuities. (18) In the event that Owner, or his successors, should breach any of the terms, conditions, or covenants of this Agreement, the City shall be entitled to recover, in addition to any other relief available in law or equity, all costs incurred in attempting to obtain enforcement of the Agreement, or compensation for such breach. These costs shall include reasonable attorneys' fees and court costs. (19) This is the entire Agreement between the parties, and there are no representations, agreements, arrangements or understandings that are not fully expressed herein. (20) This Agreement can be executed in counterparts by the parties hereto, and as so executed shall consist of one agreement, binding on all the parties. IN WITNESS WHEREOF, said City has caused its name to be affixed by its Mayor and City Clerk, who are duly authorized by resolution of the City Council, and said Owner has caused his name to be affixed the day and year first above written. APPROVED AS TO FORM: ~/ /----- William~igmann, City Attorney OWNER: -~~"'~. "")~~()L4 Karen R.Janovich NOTARY FOR INDIVIDUAL SIGNATURE STATE OF CALIFORNIA County of :::5 FrAfrn ~IJ I I SSe I On this /6--, day of , 191L-, before me,JdElWII//l ,1... ~ I.al ~1W1J1 C!-L.19t2./I , State of UIh( a Notary Public in and for the County of California, residing therein, duly commissioned and sworn, ~ /hIr;I!JJl1 ~ ~tV,a-l( r personally appeared ~ ~ ::rmvtJ0~ personally known to me (or proved to me on the basis of satiSfactory evidence) to be the person whose name~ subscribed to the within instrument and acknowledged to me that -r/!eJj executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal of the aforesaid County and State the day and year in this certificate first above written. DEANNA L SMITH ~,', I!-I.. . ~. . NOTARY PUBliC - CAlIFORNIA t,\i;i;lllI ,.', "\':~i SANTA ~RA COUNTY . "'-'~..."".... ," Fv .-'c' ...;~ ~ War 27 1992 , '.~',,;~~~\t./' "', ", .,,1. . . ~,' "';'.~f.(,-";-< .',.-(' ';'<"~-'~-'<"-~.<.'~'T:' County of ..::::5I1N T7I C~ State of California IINOTARY SEAL II My commission expires '>~7/9~ . City oJ Camp{}p// City Council Report Item: Category: Date: Consent Calendar October 1, 1991 Title: street Improvement Agreement with Anthoney Janovich for 1800 White Oaks Road (Resolution/Roll Call) RECOMMENDATION 1. Adopt the attached resolution authorizing the Mayor to execute an agreement with Anthoney Janovich to install street improvements adjacent to his property at 1800 White Oaks Road. DISCUSSION On February 26, 1991 the City granted conditional approval of UP 91-01 to allow the move-on of a single family residence and approval of a secondary living unit at 1800 White Oaks Road. The enclosed agreement obligates the owner to install street improvements within one year from the date of execution. FISCAL IMPACT None Prepared by: Approved by: Eng. Tech. Pub. Wks. Dir. City Manager ~~ ...... _~ II') ~ I~~; 8~"2~~ '- \I ~ 7 F1~LJ '\3 '4S~ 7 ..~ 7 ij. ,~. / .\ ,V I "- .... / I r; +-----i / '--- t -I - 110". J - ~ :.."., ~I I .....~. I !lSti? :e !-- - ~ ... ~ "l .~////-- ~ ~ . I- H .........-I~ WHITE ~ '" I ~ ~ L 'I.... .. It .. '" . ~ t"'""- .. --- :::-r- 1 7 I : .- ..., " ~, I A. .. lID "l :;. ,~ .m OJ ..10 . I ~= .[7'...~ ~ \ ~, ~ 1// . . U- N i-- C) ... i-- 011 ~ ~ -=-- ~ Ie . llI! . ~ ""I'-h~~ ~ I 119..' ~ I . iH 'tl,rIllt. c ~ I {}:C = ~.~~ \ 7 r.tl\ .,_'a IJ/" ;-~ .. 1OtI4 '--< .. - : - - I~ l,j, I -. i 11 .. ~rf ~ ~ ~I~. ~: '" "l .. 1\ ... 1 I I I I I I SITE. ... .. 'b .... .. .. . o tJ, .... . lID ~ ~ ,,.... L \. "J II" r; / L /11 "?T / T .t/ /.[ r ,fl I--- a [ .~~ -T I I I-- L-- \ \.11:::~'! ; ~ ~ ~ ~ ~ 1~ -'---I. D '.. ^"" \ · -I-- i ~"''''''' " -. ~~~.,.o ~ Ii "" ~..9 J~ , 0'... /' /9,,~ .0 Ille.,eell '~;f '442 ~ v/ '1/ II I~ rJ 7 1 I ...1 ., o ; C 1 "'.... . 011 ... " .. ~ .... ~ \0 - " ~ ... DI "6.56 .. U~11 . cnrrrrro Tti.J1I~~~, 66/~ " ..6 RESOLUTION NO BEING A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ANTHONY JANOVICH FOR STREET IMPROVEMENTS AT 1800 WHITE OAKS ROAD BE IT RESOLVED, by the City Council of the City of Campbell, California as follows: 1. The Mayor is authorized to execute an agreement with Anthoney Janovich to install street improvements at 1800 White Oaks Road. PASSED AND ADOPTED this following vote: day of , 1991 by the AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers APPROVED: Michael F. Kotowski, Mayor ATTEST: Barbara Olsasky, City Clerk l\ME OF APPLICANT An.tho(\ '1 ..J:r t\{'d"f L )DRESS 18ct? Idl1;t/. Odk ~I Co Yet LL '-1- TO: 3372 3521 3521 3521 3372 3373 3373 3373 3373 3373 3372 3372 3372 3372 3372 ~ FOR CITY CLERK ONLY City Clerk Please collect & receipt for the following monies: PUBLIC WORKS FILE NO. IBOD Wtv..t.../kh ~ - J~Y\oviLA.. Other Cash Deposit (specify) ($200) l, TOTAL PHONE $ :5' I Cj f!!- , 9 7 $' - tP z 4 f'1 t.;,. .,~. ,-~ , :.~. ZIP 7r-O()B '" :. RECEIVED BY JL I orrtv 21<'--"" .;)Ef- C; I CiTY CLERlfS OFFiCE DATE t/I t/ ,,1-6 .~O g ~ ~!:. jl1Mi:;U I,.;OPY: ThiS document has not ~'~en compared with the original. SANT A CLARA COUNTY RECORDER 10998741 flLEO fOR RECORO f..: REQUEST Of TO BE RECORDED WITHOUT FEE seCTION 6103 GOVERNME~n CODE ~T THE REQUEST OF CITY or- CM!PBC:L1 NO FEE []) JUl 3Q \G 29 ~\H ;'9\ CnY OF CAMPBELL 70 N. FIRST STREET CAMPBELL, CA 95008 ,-.-" ',' '~L' ~F r'Q><DS u-rri',,'~ .~_oJ SANT:, eL~.RA C'OUNlY L.\iJF:\E KANE ~E.COROE.R GRANT DEED ANTHONY P. JANOVICH and KAREN R. JANOVICH hereby grant to the City of Campbell, a municipal corporation of the County of Santa Clara, State of California for public street purposes and to become a portion of White Oaks Road all that certain real property within said City described as follows: The westerly thirty feet of that certain parcel described in that Deed filed for record on January 22, 1991 in the office of the Recorder of the County of Santa Clara and designated series No. 10784875 of Official Records ; Containing an area of 0.047 acres more or less. IN WITNESS WHEREOF WE have placed our name this ~ day of 1991. If) /l Y . ~ ~U~,~~~ :l~ll~~~ Karen R. Janovich . - 1 POPE CT. + ,l1 :'\~ ~1; ~. ~. N B 9 D 37' :3 0 "/ W 250.0\ / -...-. 0' ~ , .......... co/co, ... ~ ~ ,.q- o ~'~ ~ ~ YO" (,/"\ - "--. ~ I <...uJ o b c uJ 0 l- Cf) :r: S NO. 10784875 O.R. 5 B 9 0 '37" 30 'f E. 25'0, 00 ~ ('1'\ (X) -.;t . ~ -..;r ../ 3: t- O 0 0 :z APN 4\4-40-009 1800 WHITE. OA~S RD. , 30' JO' ~ '0 "f;:) o \.I'.. ..q- \.t'\, C'\ '\ <<-- ~ ~ THE FO~E~OI\jO IN~T~U"'ENT IS A TAllE AII/f) CORRl'CT COf'Y OF THE O~IGINAl ON I1lE IN THIS OfFice. ArrES,T: Il,A{JA,RA OlSA S,Ky,t,~TY,"," Efli<'J CITY ~~ CA~~lll!lV;' Col.lIFO ,.... . / X J' I // IlY \ /:4 (. ~!/ // _! _ If,) ,f' tj/ bATE.' "7 II/' I? / / / -+1 1. WI-IITE. OAKS CT. ~~ LAND TO BE GRANTED CONTAINS 0.041 AC. LAND TO BE GRANTED TO THE CITY OF CAMPBELL INFORMATION PLAT BASED ON RECORD DATA SCALE: \"= 50' DATE: APRIL \991 OR BY: J. P. CK. BY: NOTARY FOR INDIVIDUAL SIGNATURE County of .:5HtJr 11 ttl!l:V1 I I SSe I STATE OF CALIFORNIA On this /6-; day of tllkj a Notary Public in and for the County of , 19 21-, before me, fla/NN# L- ~ / of ~Tll C.L~ , State of California, residing therein, duly commissioned and sworn, personally appeared /I^, 1J/tJ AI '1 f \JAV~/ I C-II ~. ifie8.f ~ ..:r/J1J~ft(! tI personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name ~ subscribed to the within instrument and acknowledged to me that -rllaf executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal of the aforesaid County and State the day and year in this certificate first above written. County of 4/hJ171 e~A .....'-;~-1~~:!~~.(.J..."''''... .:':-.i..:-.,<f....~"'" r"~':'1o" ....."...~:'l.,,(: State of California My commission expires :5 /.,l-?/'7Y , "NOTARY SEAL" THF ~0nf:"~()'''lt:l f~C:;TP' 'ftt4rNT 's A. T~Ue: ""/r CORPH;T C~V Of' THE OlttGINAl ON FILE IN T,/S OfFICE HTFST: s...,e""\A Oi.&ASKY, CITY CLIiR'( I CITY OF AMPBElLC'-lIF'OANtA. / i' ! )..;..7////, / /1 // 1../ py, INf' (I/-/~ L--' ....~;!, /( t.." --;. //,/ /.(/' j ..... __./_:,,..;._ I / /, ACCEPTED ON THls-!X3-day of for and on behalf of the City of Ca @ell, a Municipal Corporation, of the State of California, pursuant to Resolution No. 749, recorded ill B:.ok 4509 - p,J ge l~O Sa-C !':":"'" / ~ County Records. ' ~;; Barbara Olsasky. City ~'e7 City of Campbell, Calitor!i,u THE Fo.~GOING IN'5TRUMENT IS A Tl'Iue AND CORRECT QOPY OF THE ORIGINAL ON F1lE '1"1 T,HIS OFFiCE BY CATED . '2 " c. ;; i ,~ II L. ,~ - . ,,:::.c =~l . c: .. > . 2 j i ~.!.1 ~ - ,.. . ~ ~ ~ s.a..... . .. 0 -..z .c u ..-.. c . i::!o u u ... :z - - ~ > ~ I~i~ J 1 s at - ... ., ... .., .. .c~.... .. U N _ I ... "'N o _ -:: ~ ~"Z.s~ ~ 5 - 8 IS )0. e -S.::" ~ 'i; t j . > Q. . L. U . C ., )( .I: en A. U .. ;:) CITY OF CAMPBELL DEPT. OF PUBLIC WORD 70 North Fir.t st. ca.pball. c& 15008 (408) "6-21!10 _ranaf"Rlll!:lft' ~ (for working in the public: riCJbt-ot-way) PeJ:1dt No. X-Rat. tUe (,11 -/5/:3 I..ued Application Date PuJlit upin8 1D 12 _. Application upiru 1D 6 _. APPLIc&T%ON - Application i. bereby _de for . Public: WOrD Pe~t 1D .oaordanc:e with CUIpboIll Municipal COde, section 11.04. (Application expire. in 6 ~tb8 if pera1t not pulled) A. Work addre.. or U'act . I gtH) W h. -f..t., Ut::t k5' Utility treneb location B. Bature of workl S,Jf "Vt:-tkL ~~~/lIll.'lJJffJu.J.9 C. Attaeb five (!S) copie. of . drawing ahoviDq the location. extent aDd diMnaion. of the work The drawing ah.ll ahow the relation of the propo.ed work to exi.tincJ .urface aDd underground iaprov_entll. Wben approvad by the City Bft9ineer. ..id drawincJ becoae. a part: of thia peE1lit. ~ , t t r C ": .. ~ t t ~ t I:: t ~ D. The General COncUtion. for .11 peraita are li.ted on the r8Yene aide. special Proviaiona for thi. permit areli.ted below. Failure to abide by tbe8e condition. aDd provi.ion. aay re.ult 1n job .but-c:lovn and/or forfeiture of Faithful PertorlUUlGe Bonda aDd c:uh clepoaita. (See General conditiona 1 and 2). B. An application f.. ..t .ccaapany thi. .ppticatiOn. '1'Ilia 111 non-refundable. Nue of Applicant A.\"t-J \ / Itl 1. :\ t.I v'\l i: ~ I L- , Telephone I 4 L),f r 7 d (.".; '-f I Addre.. \ ~tD \ \ J kl k... C~(" ~~ <; r~hfJl Irl 1 '-t'cfc I. this work being done by the property owner at their own ruidence? ~e. _no complete and attaeb Worken' COIIpen.ation aDd COntractor Infonation fona. The Applicant/Permittee hereby agree. by affixing their .i9ftature to this permit to hold the City af Campbell, it. officer., agent. and employe.. free, ..fe and baral... fro. any claim or deaand for dauge. re.ulting from the work covered by this perait. The Applicant/Permittee hereby acknowledge. that they have r.ad and under.tand both the front and back of tht. P; it, and t they ~l infora their contractor(.) of the informatjon. ' ACCEPTED' . '.-/ -- 6'i L .-z.../9/ ittee) print/819ft e . .. .. ~ ~ t ~ ( ... ~ ~ I I I I I I I I I I I I I BOTES: ALL WORK SHALL COBFORM WITH THE A'1"l'ACIIBD, APPROVED PLlHS AHD ALL APPLICABLB CAJIlIBBLL STANDARD DRAWINGS AND COHDITIOBS. THE COHTRACTOR MOST HAVE THIS PERMIT AND APPROVBD PLAHS AHD MOST MDT WITH THE P.W. IHSPECTOR ON THE SITE AT LEAST TWO DAYS BEFORE STARTIHG WORK. NOTICE HOST BB GIVEN 'l'O PUBLIC WORD AT LEAST 24 JIOtJRS BBl'ORE RBSDRTDfG AllY WORK. - ~ C l:x t:; r: i ~ l:- t:: ~ ~ t: t:l: ~ SPECYAL PROVYSIONS _1. str..t .ball not be open cut for undel:lJ1'OUlld inatallatlon.. lI1niawa cutll uy be allowed for connectiona or exploration bole.. Such cute moat be 8Decificallv aDDroved bv the Yn.a.~Dr. pav_ent uy be cut for underqround inatallationa aDd _t be reatorecl in accordance with the utility Treneb R..toration Stanclard DrawineJ. Work to be .taked by a licensed Land surveyor or Civil BncJin..r aDd two (2) copi.. of the cut .beet. .ent to the Public Work Deptartment before .tartineJ work. The houn of work are liJIited to outllide the baUn of 7-9 .... and 3-6 p... for any work affecting a traffic lane. _2. _3. _4. _!S. r: I- ~ ~ S'I'urDARD AMOUH'I' UCEYPT NO. PBRIIIT APPLIC&TIOH FD $100.00 . 100'.00 .;2.IQy.-3 PLAH CIIBCK DDOSIT BOHD FOR FAn'BrOL PBRFORIWICB CUll DBPOSIT $!SOO.OO (lOot or BIIG. BBT.) (oIt or Jam. $!SOO lID) . $"00' ~ 0 . . . do 7" 't" 't- ' PLAH CllBCK , IHSPBC'l'IOR Fa ($0-$100.000 lOt, $100.000 - $!l00,000 9t, $!SOO.OOO aDd abaVe 7t, $100 KIH) APPROVED FOR ISSUANCE eate tor City Engineer t: PWPERMIT Revised 4/91 Resolution No. 2737 page four 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Retaining walls at property lines are limited to a height of 15 inches if constructed of wood. Comply with all adopted building codes and state laws. Conditional Use Permit approval is valid for one year from date of Planning Commission approval. /\ A,~ ,{ ~ L A ~l/ ~InstaII standard street improvements across the property frontage. Obtain an excavation permit, pay fees and post surety for all work in the public right-of-way. / >--l-'11 (Dedicate additional land to widen Whiteoaks Road to 30 feet from centerline. oJ.. it ~ ~ t - OZ ( Pay a fee of $644.00 for storm drainage. \ ?~ \ ",VI "1/ Pay a fee of $4,548.00 in lieu of dedicating land for parks. Submit three (3) copies of on-site drainage plans for review by the City Engineer. Provide traffic control plan for approval by the City Engineer prior to moving the house. Applicant to provide evidence of a recorded deed restriction setting forth than not more than one dwelling unit on the parcel shall be rented or leased prior to issuance of building permits. The occupancy of each unit shall not be permitted until the other unit is set on the foundation; enclosed within the final exterior wall materials; and roofed per the approved conditions. 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. PASSED AND ADOPTED this 26th day of February 1991, by the following roll call vote: AYES: commissioners: Alne, Higgins, Perrine, Fox, Dougherty, Meyer-Kennedy NOES: ABSENT: commissioners: commissioners: None Wilkinson APPROVED: J.P. Mever-Kennedv Chairperson ATTEST: Steve Piasecki Secretary __~.~~.,. ("-~-l"f":........ . r 70 NORTH FIRST STREET C AMP 8 ELL, C A L I FOR N I A 9 5 0 0 8 (408) 866-2100 FAX # (408) 379-2572 RICIIVED MAR 04 1991 CI'TY OF CAMPBELL Public Worlu/Engin..ring Department: Planr1i.n;J March 4, 1991 Anthony Janovich 1641 Ixias Court San Jose, CA 95124 RE: 1q:proVal of UP 91-01 1800 White oaks Road Dear Mr. Janovich: Please be advised that the PlaIll1iJ'g camni.ssion at its meetin;J of February 26, 1991, adopted Resolution 2737, approvin] your request for a corxiitional use pennit to allow the ItDVe-Oll of a sin]le family residence am approval of a secomary livin} unit on the subject property. A CXJf.JY of the adopted Resolution is enclosed for your information. Please note the corxiitions of approval, which ImJSt be satisfied prior to issuance of the Drlldi.rq permits, am that the Planr1i.n;J camni.ssion action is effective ten (10) days followin;J the February 26, 1991 approval date. Also fird enclosed a copy of the approved site plan am elevations. Please note that Corxiition #1 of the approval requires the sul:Jni.ttal of revised plans, addressin] the issues raised in the staff report. If you should have MrI questions regardin;J the Planr1i.n;J camni.ssion' s action, please do not hesitate to cxmtact the PlaIll1iJ'g Departm:mt at (408) 866-2140. Sii\Yy Planner II tjh:lb c:up91-o1 Erx:losures 1. Resolution No. 2737 2. Copy of plans cx:: ~rrlil..rI1Jm'lmommrJ .. JA,i Bui.ldinJ Deparbnent LEGAL DES~RIPTION ~ arder No. 104772 state of Cal~fornia, County of Santa Clara, Unincorporated Area Beginning at an iron pipe in the center line of White Oaks Avenue, formerly, the Los Gatos and Santa Clara Road at the Southwesterly corner of that certain 10 acre tract of land Conveyed by W. M. Hall to Clement J. Bricmont by Deed recorded June 12, 1905 in Book 294 of Deeds, at Page 358, and also being the Southwesterly corner of the Parcel of land conveyed by Gemma pirvuescu to L. H. Buehner, et ux, by Deed dated October 20, 1947 and recorded october 20, 1947 in Book 1518 of Official Records, at Page 107; thence along the Southerly line of said 10 acre tract and along the Southerly line of said land so conveyed to Buehner, S. 89 deg. 52' E. 250 feet to an iron pipe; thence leaving said line N. 0 deg. 07' W. and parallel with said center line of white Oaks Avenue, 141.43 feet to an iron pipe in the Westerly line of said Parcel of land so conveyed to Buehner, et ux; thence along said line N. 89 deg. 37' 30" w. 250.01 feet to an iron pipe in the said center line of White Oaks Avenue, at the Northwesterly corner of the land so conveyed to Buehner; thence along said center line of White Oaks Avenue, S. 0 deg. 07' E. 143.64 feet to the point of beginning and being a portion of said 10 acre tract and of said tract of land so conveyed to Buehner, and being a part of the North 1/2 of the South 1/4 of Section 2, Township 8 South, Range 1 West, Mount Diable Base and Meridian according to survey made December 1949 by Hunt Engineering Co., San Jose, California. Excepting therefrom that certain real property described as follows: Beginning at an iron pipe in the center line of White Oaks Avenue, formerly the Los Gatos and Santa Clara Road, at the Southwesterly corner of that certain tract of land conveyed by W. M. Hall to clement J. Bricmont by Deed recorded June 12, 1905 in Book 294 of Deeds, at Page 358 and also being the Southwesterly corner of the Parcel of Land conveyed by Gemma Pirvulescu to L. H. Buehner, et ux, by Deed dated October 20, 1947 in Book 1518 of Official Records, at Page 107; thence along the center line of white Oaks Avenue, N. 0 deg. 07' W., 75.64 feet to a point that is distant thereon S. 0 deg. 07' E. 68.00 feet from the Northwesterly line of said Parcel of land so conveyed to Buehner; thence parallel with the Northerly line of said parcel of land so conveyed to Buehner S. 89 deg. 37' 30" E. 250.00 feet to the Easterly line of the Parcel of land conveyed by L. H. Buehner, et ux, to Owen J. Jones, et ux, by Deed dated December 16, 1949 and Recorded January 4, 1950 in Book 1903 of Official Records, at Page 147; thence along said Easterly line S. 0 deg. 07' E., 73.43 feet to the Southerly line of said Parcel of.land so conveyed to Buehner; thence along said last mentioned Southerly line S. 89 deg. 52' .W., 250.00 feet to the point of beginning and being a part of the North 1/2 of the Southwest 1/4 of Section 2 Township 8 South, Range 1 West, Mount Continued on next page -1- F r:' : - ~SCRIPTION p Base and Meridian. APN: 414-40-009 ARB: 413-25-075 Commonly Known As: 1800 White Oaks Road Campbell, CA 95008 -2- ~ RECORDING REQUESTED B~ " " 10784875 rilE/; f-Uh REeOIt A T REQUEST OF V ; .:' -"-' ;',,-' ;~. :~~..\n.,,},. " .. f ~~" .' ", , , ): , ,. '. ~.'I,." WiL,f"f~itr9,. . GaiQes:t"'n 1,4 , ~ ".... r f.[\(,,: , ' .. t /1 Ur"€: , ~-- .,..,." "j" .' ~,r,~~~1.;; i [':"I -r""" .v l. ~;. JaH ZZ 1110 AH '91 SAl.. ' . ,'L CORDS f1 f.. ; l AHA COUNlll LAURIE KANE I RECORDER I:&CROW NO AND WHEN RECORDED MAIL TO I Anthony P. Janovich 1641 Ixias Court San Jose, CA 95124 L ~ MAIL TAX STA.TEMENTS TO SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE I I same as above L ~ A,P, No, Grant Deed Furnished by STEWART TITLE of CALIFORNIA The undersigned grantor(s) dec1are(s): City transfer tax is $ Monument preservation fee is $ County transfer tax is $ ) ~omputcd on full value of property conveyed, or ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( ) City of , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, William Grant,Gaines, a single man hcrcbrJillANT(S} to ~thOny P. Janovich CA.V\.&.. Ko..Y'<'''\. R. J"'-f'\O'-JI'c...h. the following described real property in the unincorporated area COUJlty of San t a C 1 a r a , State of California: 1800 White Oaks Road, Campbell, CA 95008 APNiI 413-77-019 ARB 11413-25-075 I I Dated: ,Jr:lnllr:lry 18, 1991 SI All: OF CAI.IFORNIA /.... ,- / ;/p/ ,,?~, ,/_~~- t./(/;(XcC::/~} CCa-'., I (~~>/'L' "-:J } S5, COUNTY OF Sa j:;,a Cl On January Po , r9'~ra before me, the under- ~i~lIed, a NOlary Public in and for said Slale, pcrsonally appeared William Grant Gaines William Grant Gaines pc'r~onall) kno\\1I lO me (OKI>t~'3(cOClJ(X1Kl(rOCtXeXPXs~)QK*~J{lctory cmJence) to be the pcrsonb)_ whosc name ::l-S- subscribed to the \\ ithill ill>lrUmcllt and acknowledged lhat HE _____ cxccuted lhe samc, "ITNI.SS lilY hanJ~lJ official seal. Q Signalulf ,~}~ V:__' \'f\ :)~ tQb \ {j Irene M. Pollard Naill': (Typed or Printcd) 0FRClAL SEAl. IRENE M. POLlARD ==:= ~ EtIQI. al. 19M ( This area for official notarial seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE STC 32-f\e1v 1"84