49 Shelley Ave. (95-05)
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MEMORANDUM
CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT
TO:
Gloria Sciara, Planner I
DATE: April 11, 1995
FROM: Harold Housley, Land Dev. Engr. jllI
~ IfJI/J Bob Harary, City Engineer
SUBJECT: PM 95-05, 49 Shelley Avenue
In accordance with our verbal discussion, please include the following Condition of Approval with those
previously given to you via a copy of my memo to the City Engineer dated 4/10/95 (Revised):
Applicant shall pay the now current amount due for street construction,
in accordance with that certain letter agreement, related to City Project
Number 85-8. The original amount due was $23,350. (See attached
reference) .
Attachment
h:sciara(mw)6.0
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO
City Clerk
City of Campbell
70 North First Street
Campbell, CA 95008-1423
(SP ACE ABOVE THIS LINE FOR RECORDER'S USE)
DEFERRED STREET IMPROVEMENT AGREEMENT
THIS AGREEMENT made and entered into this _ day of , 1995, by and
between The E and H Third Family Limited Partnership, a California Limited Partnership,
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, City granted conditional approval of Building Permit 95-4~1 upon that certain
real property described in deed recorded December 30, 1994, and filed iti1300k N718 at page
1130 in the office of the County Recorder, County of Santa Clara, State of California, which
property is hereinafter referred to as "said real property" and commonly known as 49 Shelley
Avenue;
WHEREAS, compliance with the terms and conditions of this agreement are conditions
to the final approval of above described application to construct a single family residence:
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE MENTIONED
APPROV AL, it is hereby agreed as follows:
(1) Owner shall provide, construct and/or install at his own proper cost and expense, public
street improvements within 12 months from the date when owners or their successors are notified
to do so by the City Engineer.
(2) All of said improvements shall be constructed and/or installed within 12 months from
the date that Owners, or their successors, are notified by said City Engineer to do so; provided
however, that in the computation of said twelve-month period, delays due to or caused by acts
of God, viz., unusually inclement weather, major strikes, and other delay beyond the control of
Owners shall be excluded.
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 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.
It is further expressly understood that the purpose of this agreement is to defer construction
of the above-mentioned improvements until some future date more conducive to the overall needs
of the City of Campbell. In keeping with this understanding, the right of the City to give any of
the notices specified herein in Section (2) of this Agreement to install such improvements. or to
require construction or installation of such improvements, or to install such improvements itself
and recover the costs thereof shall not be barred by the passage of time or delay by the City. but
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shall remain open and enforceable indefinitely and forever. It is also understood that the passage
of time or any delay caused by the City shall not relieve the Owners, or their successors, from
performance under this Agreement, but that the Owners, and their successors, shall remain bound
indefinitely and forever. Any increased construction or preparation costs caused as the result of
the passage of time shall be the responsibility of the Owners, and their successors.
Nothing herein shall be deemed to prohibit construction of said improvements prior to notice
by the City Engineer to construct or install such improvements, provided that prior to such
installation, all of the provisions of Section (3) shall be satisfied.
(3) Owner, or his successors, shall cause to be prepared at his cost and expense improvement
plans for the construction 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 specifications of the City of Campbell and West Valley Sanitation District,
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 to be determined when said plans are submitted in
accordance with the rules in effect at that time.
(6) Owner, or his successors, shall file with City, prior to commencing work, surety.
acceptable to City, 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 the State of California created for the purpose of
constructing and/or installing any or all of said improvements.
-2-
(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 West Valley Sanitation District 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 stating that Owner, or his
successors, have made such deposits or filed such bonds and entered into such agreements.
(11) Owner, or 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
-3-
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 49 Shelley Avenue and the City's property, commonly described as Shelley Avenue
and 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.
(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.
THE E AND H THIRD F AMIL Y
LIMITED PAR TNERSHIP, A
CALIFORNIA LIMITED PARTNERSHIP,
OWNER
C-~ ~
BY EMILY CHEN
CITY OF CAMPBELL
Donald R. Burr, Mayor
Attest:
Anne Bybee, City Clerk
h:49Shelley.dsa(mp)
-4-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of C 6 l1f. r f\ ; 0....
County of j'ov'\-tn. Q,( lira-
On ~J.l I q S before me,
DATE
personally appeared E (V\; ly C hr- tl ,
NAME(S) OF SIGNER(S)
D personally known to me - OR -~ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by h is/her/thei r
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
y hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
D INDIVIDUAL
D CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
TITLE(S)
D PARTNER(S)
D LIMITED
D GENERAL
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
RE;COROING F:lEOUESTEO _,
ANU WH~N HEc.:ORDED t,lAI~ THIS DEED AND, UNLESS QTHER.
WISF: St-tOWN BELOW. t,lAIL TAX STATEMENTS 10.
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FOJ{ VALUABLE CONSIDERATION. r~<;cipl of whi<:h is hcrchy acknowledged.
lino is
Hong Tao Chen and Emily Chen. husb:;.nd .:I.nd wife, as; community property
Ill~J'ch~ GRANTrS) 10
Thg E and. H Third Family l.imtod VartnQlship, .9. Californln Limited Pa.rtnership
the following ucscribcu real pro~lerty in the
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STATE OF CALIFORNIA
COUNTy OF
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. before me,
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porso"Ally known to m. {Ol' proved to mo or. th. ba5ti9 of 8ali~fACtelif'Y
cV'C1enCO} to bo ltro pOr30n\3} ....no3C name\3} 13/aro 3Ub8crlDelj to the
wit"in instrument and acknowlede..d to me t....t I'Ie/s"e/the1 executad
tho same In hlSlherltflClf autnonzcd capac't)'\,,,s/. and that D)' fl,05IhllrMe,r
sisn..ture(s) on the instrument tl'la parson{s}, or th.. ..nllty upon behalf
or whiCh tile person(sl acted. executed the Instrument.
WI r Nt:.SS my nand and omelal geal
Signature
, Stnte of CaJiforni,,:
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MAIL TAX STATEMENTS TO I'AIHr SHOWN ON fOLLOWING LINE: IF NO PARTY SHOWN. MAIL AS DIRECTED ABOVE
GTe 10f (9-93)
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personally appeared ~\.Lt-..Qtn._J..) C-~JA..
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proved to me on the
basis Of satisfactory
evidence to be the
person/s) whose name(s)
Is/are subscribed to the
within instrument and
<1cknovvledged to me th~t
he/she/they executed lhe
same in his/her/their
authorized capacity(les),
and that by his/her/their
signature(s) on the
instrumentthe person(S),
or the entity upon behalf
of which the person(s)
acted, executed the
instrument.
Witness my hand and official seal.
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ATTeNTION NOTARY
The information reque:liled IJcfuw i1nd .11 tilt! l;ulumn to the right Is OPTIONAL.
Rocording of this document is not reQuired by r.,w "nd is also optional.
It could. however, prevent fr.Judu/ent .Jtt.JchmolH of Ihis ctlrtific81e 10 8ny
vnauthorio:ed document.
nilS CERTIFICATE Tlolo .. Typo .1 O.O...MO'"
MUST BE ATTAC....[D
TO THE DOCUMENT Numbe, 01 P"lIee D.te 01 Do.....m..".
DESCRIBED AT RIGHT:
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CAPACITY CLAIMfb BY SIONERC81
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EXHIBIT "A"
The land referred to herein is situated in the City nf r.~mpbell.
County of ~~nta CldLd, State of californiu, ~nd i~ u~~~L~bed as
!ollow~:
Beginning ~~ a point in the center line u[ Wl11.te Oak Road and
dl~LdHL t:hereon N. 0'" 30' W. 261.0~ feee from th~ ,C;011t-hw"'~I".
corner of that cert Cl i n 1/. acre parcel of lan<3 conveyed by SWdH~H)u
to Jamison, et al, a~ r~~oLded in Volume 499 of Official R~~urJ~,
j,t Pa~e 209, Do.nto. Clara County .Kecordsj running tht:!u~(: ~long the
center lin~ nf White Oak Koad N. 00 30' W. 141.53 feec; then~~
leaving said C(:Ht:.el- line and running N. 89" 36' E. 170.aa ffo"F:'I,;
thence S. 00 30' .E. and parallp.1 wit.h said center line uI White
(1;:Jk Rnad 141. ~:d teet:. to the centeL' 11.uc of a forty foot J:'Uu<.1;
thl;W,;l;l along eaid center line S. H9U 36' W. 170.88 .rF:'~1 r.CJ the
point of beginning, and hp.ing a part or said l.~ acre LLd.~L u[
land conveyed by Jarnisoll, ~L al, situat:ed in Section 2, T. S S.R_
1 W., M.D.H. & M., S~nta Clara County, Califnrnia.
Together with a riqhL u[ way for ingress und egress over a strip
of land forty feet wide, L~ing thp W~~terly cxtencion of Shelley
Avenu.;>.
Excepting therefrom any inter~R~ ~h~reof in that parcel or land
~nnvp.yed to the City of CCilllpLell, co. municipal corporo.tion h}' deed
J;'t;<.,;uLued Augsust 4, 1986 in Book J792, p;::jgP. A, Otficial .t<.ecords,
Santa Clara-Coun~y.
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"CHAaO'
CITY OF CAMPBELL
Community Development Department. Current Planning
June 29, 1995
Ms. Emily Chen
~~:":::,~~~14 !~P4-~-~ /'-
-.--... .......-------......
Re: Structure Relocation - 49 Shelley Avenue
Dear Ms. Chen:
Please be advised that the Community Development Department has approved the relocation
of ~ structure located at 49 Shelley Avenue to the corner parcel indicated on PM 95-05 as Lot
No.~subject to the following conditions:
/I
1. t Demolition o~ all structures required for removal of the Tentative Parcel Map.
2. Replacement of the roof upon relocation.
3. All additions must incorporate the horizontal siding to match existing exterior.
4. Painting and repairs of deteriorated siding and/ or paint and building materials as
necessary.
Please find enclosed a copy of the stamped approved plans for submittal to the Building
Department. H you have any further questions regarding this matter, please do not hesitate to
contact me at the Community Development Department, (408) 866-2140.
Sincerely,
t1~j~
Gloria Sciara
Planner!
cc: Mark Nadvornik, Building Inspector
Harold Housley, Land Development Engineer
Attachments
Approved Plans
Copy of Parcel Map
~ii't .....,-(' ,
~.
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2140 . fAX 408.379.2572 . TDD 408.866.2790
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CITY OF CAMPBELL
Community Development Department. Current Planning
April 25, 1995
Ms. Emily Chen
10190 Bret Avenue
Cupertino, CA 95~~
~/Ye-z:?:7
Re: 1630 White Oaks &t 49 Shelley Avenue
APN: 414-38-066, 067
Dear Ms. Chen:
Please be advised that the Community Development Director and the Cty Engineer
have approved the referenced Tentative Parcel Map based upon the mandatory
findings that this Tentative Parcel Map, together with the provisions for its design
and improvement, is consistent with the General Plan of the Cty of Campbell.
The Parcel Map shall be filed with the Cty :!ngineer for examination, approval and
recordation in accordance with the provisions of the Subdivision Map Act. This
approval is subject to the following Conditions of Approval:
1. Park Fee (Subdivision): Pay a fee in lieu of dedicating lands for parks in the
amount of $32, 970 (75% of $43,960) for four lots. A aedit shall be given for
any demonstrated legal lots of record in accordance with Chapter 20.24 of the
Campbell Municipal Code prior to recordation of the Parcel Map. The
applicant is hereby advised that a Park Impact Fee of $10,990 per residential
unit is required at the time of building final. Applicable credits may apply.
2. Park Fee (Development): The applicant is hereby notified that a Park Impact
Fee of $10,990 per residential unit is required at the time of building final.
Credits shall be applied for legally existing residential units and fees
previously paid at the time of subdivision.
3. Tree Inventoty: Submit a tree inventory and tree protection/preservation _
plan for review and approval by the Community Development Director prior
to recording Parcel Map.
4. Constructed Street Improvements: Applicant shall pay the amount of
$23,335 for street construction of APN: 414-38-066 and APN: 414-38-067, in
accordance with letter of agreement for Cty Projects Number 85-8.
70 North First Street Campbell, California 95008.1423 . rEL 408.866.2140 . FAX 408.379.2572 . TOO 408.866.2790
a
..
Ms. Emily Chen
PM 95-05 -1630 White Oaks Road &: 49 Shelley.Avenue
Page 2
5. Streets and Related Improvements:
A. Provide right-of-way dedication for a 30 foot half street on Shelley
Avenue and White Oaks Road.
B. Install curbs and gutters and widen pavement to be compatible with an
existing improvement on the north side of Shelley Avenue, east of the
project site.
C Install sidewalks on Shelley Avenue and White Oaks Road to comply
with City standards. New sidewalks will be required where existing
sidewalks are substandard.
D. Install a structural section on Shelley Avenue based on soil tests and
traffic indexes. Traffic indexes will be provided by the City Traffic
Engineer.
E. Install asphalt ooncrete overlay of 1 1/2 inch over the southerly half of
Shelley Avenue along the project frontage. Install asphalt concrete
overlay on White Oaks as required by the City Engineer.
F. Install street lights to meet City requirements. Preliminary evaluation
indicates one street light will be required on Shelley Avenue.
6. Grading and Drainage Plans: Provide grading and drainage plans. Easements
for grading and drainage shall be shown on the Parcel Map and offered for
dedication, as appropriate.
7. Storm Water Design: Provide stonn drain improvement plans for 10 year
storm frequency.
8. Hydrology and flydraulic Calculations: Provide a hydrology and hydraulic
calculation, as appropriate.
9.
Geotechnical. Report. Provide a geotechnical report.
10. Landscape Improvements: Provide trees and landscape improvements in
the public right-of-way in accordance with the City's Standard Specifications
and Details for Public Works Construction.
11
-...
..
..
11
Ms. Emily Chen
PM 95-05 -1630 White Oaks Road &: 49 Shelley . Avenue
Page 3
11. Landscape Maintenance: Applicant shall record a deed restriction in a fonn
acceptable to the Oty, notifying future property owners of the parcels abutting
the project perimeter, that per Chapter 11.0-8.150 of the Campbell Municipal
Code, owners of private property shall be responsible for the maintenance of
street trees and shrubs in the parkway abutting such private property.
12. Sewers: Install a sanitary sewerage system to serve all lots in conformance
with the requirements of the West Valley Sanitation District.
13. Water Service: Install a water distribution system to serve all lots in
conformance with the requirements of the San Jose Water Company.
14. Fire Hydrants: Provide fire hydrants and appurtenances at the locations
specified by the rue Marshall of the Central Fire District.
15. Record Map: Submit a Final Parcel Map for review and approval by the City
Engineer.
16. Utili ti el!l: Cause all electrical, telephone and CATV facilities to be installed
underground, in accordance with the provisions of Chapter 20.36.150 of the
Municipal Code, prior to occupancy. TIle power pole on the southeast comer
of the parcel may have to be relocated due to interference with street
improvements.
17. Utility Construction Coordination in the Public Ri&Jtt-of-Way: Applicant
shall submit a Utility Coordination Plan for approval by the Oty Engineer, for
installation of electrical, telephone and Cable Television improvements to
minimize damage to City streets, sidewalks and related facilities.
18. Title Report: Furnish a copy of a current Preliminary Title Report.
19. Storm Drain Area Fee: Pay the then current stann drainage area fee prior to
recording of the Parcel Map. (Current amount is $1,875 per acre).
20. Building Removal: All existing buildings must be removed prior to
recording Parcel Map.
21. Encroachment Permit: Obtain an encroachment permit, pay fees and
deposits for all work in the public right-of-way.
-
--
-
..
11
Ms. Emily Chen
PM 95-05 -1630 White Oaks Road & 49 Shelley Avenue
Page 4
22. Registered Civil Engineer/Land Surveyor: Plans, specifications, calculations
and designs for street improvements, grading and drainage improvements
and the Record Map shall be prepared by a Civil Engineer or Land Surveyor,
as appropriate, licensed in the State of California and submitted to the City
Engineer for approval.
23. Completion Prior to Occupan~: Complete construction of all required off-
site and on-site improvements, including but not limited to landscaping,
sewer, water, curb and gutters, paving, drainage facilities and other required
improvements prior to occupancy of any structure and/or the subdivider
shall enter into an agreement, acceptable to the City, insuring the
construction of such improvements within eighteen months of formal
approval by the City.
24. Securi~: Provide guarantees for all public improvements by cash, bonds,
letters of credit or other legal instruments, acceptable to the City Engineer.
25. A&reement: Complete and execute, to the satisfaction of the City Attorney
and City Engineer, the City of Campbell's Standard Agreement for
construction of public improvements.
26. American Disability Act and California Disability Access Regulations: All
improvements shall conform to the requirements of the American Disability
Act and the California Disability Access Regulations, whichever applies.
27. Bay Area Air Ouality Mana~ement District Requirements: Implement the
following mitigation measures:
A. Water all exposed or disturbed soil surfaces, as necessary to control
dust, but not less than twice daily.
B. . Suspend grading or other dust producing activities during high wind.
C Water or COver stock piles of soil debris, sand and other dust producing --
materials.
D. Sweep construction area and surrounding streets daily. -
..
-
1
Ms. Emily Chen ,
PM 95-05 -1630 White Oaks Road & 49 Shelley Avenue
Page 5
28. . Standard Specifications & Details: Comply with the City of Campbell
Standard Specifications and Details for Public Works Construction.
29. Subdivision and Land Development: Comply with TItle 20 of the Municipal
Code concerning Subdivision and Land Development.
30. Streets and Sidewalks: Comply with Title 11 of the Municipal Code
concerning Streets and Sidewalks.
This approval is valid for 24 months from the date of approval. If you should have
any questions regarding the above information, you may contact Gloria Sciara,
Planner I, at (408) 866-2140, or Harold Housley, Land Development Engineer, at (408)
866-2150.
Sincerely~
i
I
/
~~~ .. ,,' ----\j - I ",
- /. / ~ 11 - - {/
'-_~ \..L,/ ~ ~
Steve Piasecki
Community Development Director
~~~
Robert M. Harary, P.E.
City Engineer
""="""" ,
'.
,
-
---,
I.lJJ
San Jose
Water
Company
374 West Santa Clara St.
San Jose, CA 95196-0001
408 279-7808
Fax 408 279-7934
August 21, 1995
City of Campbell
Engineering Department
70 North First Street
Campbell, CA 95008
REFERENCE:
4 Lot Subdivision
APN 414-38-066 & 067
Gentlemen:
This letter is being written at the request of Kenneth
Nelson, Registered Civil Engineer, on behalf of his client.
Please be informed that upon review of the final tract
map for this subdivision, San Jose Water Company will have
no objection to the recordation. We do not anticipate any
conflicts occurring between any existing water line
easements or rights and those resulting from the creation of
this subdivision.
If you have any questions or
information, please contact this office at
require further
(408) 279-7874.
S(2' nc e~y,
/
L/4~~./d~~
James R. Bariteau
New Business Department
JRB:
Nelson.doc
cc: Sid Nash
Kenneth Nelson RCE
~ f' Slillil~Y.~fWE. LOT 1
COORDINATES
POINT BEARING DISTANCE
NW 0.3000
')
L
NE 89 . 360M
:3
-------.- -----------------------
N 5000.000, E 5000.000
82.000
N 5081.997, [ 4999.284
[_15.030
DELTA= 89.5400
flRe= 31 . 381 ,
Radius Point
End Curve
<lL 3000
N 5082.381, E 5054..313
TO THE RIGHT, RADIUS= 20.000
TflN= 19.965, CHORD= 28.260
N 5062.382, E 5054.453
N 5062.556, E 5074.45Z
62.030
-- - - - N 5000.528, F 5074.993
75 . 00v~
CURVE:
4-
5
Sf
E:;
SW
89 . 3E:;00
'7
N 5000.005, E 4~199,,99~J
CL5r': Sf 45.2659 0.007
1 Closing Point N
Relative ErTor of Clo5ure: 1 in
flHE r1
5000.000, E
44 , Z 54
5000.000
6063" '7
'''' ,.-
:;:}"f = :!
0. j 3~i ACRE~;
..CIIVID
JUN 3 0 1SS5
'ulDIic W oru/ Engine.rin,
SHELLEY AVE. LOlZ
DI STANCE
COORDINATES
POINT BEARING
5
C 15["' : NE
-I
Relative
--.---.---- -----------------.---.---
NE 09.3600
N 5000.000, E 50~o,,000
75.000
N ~'J00<l>. ~:iZ4, E tWr74" 998
~,...
:it:..
0. ]000 <36.0!;0
-.. .. - ... - ... N 49i4-.477, r 50?~)" (llS
gCI 360<-3 75,000
J.
... .. .. .. .- - N 4913.953, c 5000,,751
1...
0" 3000 86.050
:3
SI.J
4
NW
N 5000. 0<lJ(!J , E
50"%1. 00<7)
0" 00(/)0
-0.000
Closing Point N 5000.000, E
Error of Closure: 1 in 9,999,999
5000.000
AREfI
6453.7 S. F" ,
0. 148 ACRE!:;
SHELLEY AVE Lon
POINT BEl-1RI NG DI STANCE COORlJINfHES
_.._._--~ -.-- _. -.. -- -- - .~. - - .~. -~. -- -----------------------
- - - -- .- -- N 5000.000, E 5000.000
NE 89. 31300 tl5.B80
2 - -. .-- _.. - _. N S000.460, E 5<b6S" B7B
SE 0. 30(1)0 76. ({)S0
A - -. - -.- - -- -- -. .. N 4924,,413, E S06Ei..542
..!
Nt: 89. :1f300 75.000
4 .- ..- - - -.. - .- - - N 4924,936, c 5141 ,,540
L..
SE 0. 3000 F;. 000
5 - .- - -.. ... - - .-. --. N 4909.937, F 5141 .671
SW 89. 3f.jv)0 75.000
6 -- .- - .- -. -. N 4909,,413, E 506[;..673
SF 0" 30<iY.lJ 1 0 . e.HD{~
7 - -. - -.. - _. -- - -. N 4899.414, c 5(o6f:i. 7f:i0
,..
SW 89. 3600 65,880
8 - - -- - - .-. - - .- N 48g8.. g54, E 5000.882
NW 0. 3000 101 .~~50
S '. ..- - -- .- - -- -. ._. N 5000.000, E ~5000.. 00(j}
Cl"6r: NE (/; .r.,:WYlJ0 - it!. v.1t~0
1 ~ 1 . P \) i nL N 5000. 00<J) , E 500(.)" 00~:;
,..L05111!]
Relaiive Error of C105Uf"e: 1 in 9 ,999 ,999
AIiEf\ 7782. Z S. F.. , 0. 17~1 !-teRES
SHELLEY RVE. LOT4
POINT BERFHNG
DISTANCE
COORm NflTES
-. .- - .- - N 5000.000, c 50(l>0. Ct-'00
.-
NE 89 . 36Q)0 65.880
Z - -- - .-. .- -. N 5000..460, E 506~). 878
SF 0.3000 ~JZ . 000
J N 4908.463, r. ~j066 . BB i
- ..- ... -. -. - - .- .- ..
SlJ 83 . JE;00 E;5.8B0
4- -.. - .- - -- -. N 4908..004, E 5(1)00.803
NW 0., 3000 97.000
[" -- -. - - .-. - - - -. N 50'~0" 000 , E 5000.000
':1
ClSf' : NE 0. '1)000 -0.000
1 Closing Poi nt N 5000., <1>00, E 5000.. 000
Hela'tive EI~I~or' of C1 05Ul~e: 1 in 9, ~~99 ,9!39
RHEA
6061 . 0 S. F. ,
0. 139 ACRES
SHELLEY AVE.
POINT BEARING DISTANCE COORDINATES
Nf
,.,
1-
Sf
:3
Sl.)
4
NW
["~
.J
CURVE:
G
..
7
SW
8
t'
a
- - - - - - - - - N
89.3G00 170.8\30
- - - - - N
0.3000 213.050
- - .. - - N
89.:3G00 30.000
-..--..-.- N
0" 3000 1 G 3" 080
!;000. 000, E 5000.000
~.J001 J93, E 5170.87E;
4788. 151 , E SIn" 7:55
4787.942 ., f !:l "142 ..73E;
DElTA= 89. ~:i400
ARC= 31. 3Bl ,
Radius Point
End Curve
89.3G00
N 4951.015, E 5141.313
TO THE LEFT, RF\DIUS= 20.0(tJ0
TAN= 19.965, CHORD= 28.260
N 4950.841, E 51Z1.313
N 4970.840, E 5121.174
JZ'~.910
N\..I 0. 3000
30.000
C15r: NW 4!:i.2703 0.007
Closing Point N
Relative Error of Closure: 1 in
AREA
10703.9 S.F.,
N 4969" 9 9 6, E 50(,i%'L 2 E17
N 49~)9. 99!:;, E 5000. 00~:;
5000" 0</10 , ::"
110,013
5000 . ~W)(l!
0. 246 ACRE~';
~
NATIONS TITLE INSURANCE COMPANY
NORTHERN CALIFORNIA
CONSOLIDATED TITLE DEPARTMENT
(408) 451-8000
BRANCH:
Cupertino
19200 Stevens Creek Blvd., #230
Cupertino, CA 95014
(408) 253-6990
Applicant:
Emily Chen
10190 Bret Avenue
Cupertino, CA 95014
Attention:
Property Address:
A.P.N. 414-38-067
A.P.N. 414-38-066
Escrow Officer: Wai Ling Chu
Our Title No.: 7441512-WLC
Your Ref. No.:
Title Officer: Ken Fogarty
PRELIMINARY REPORT
Dated as of June 13, 1995
at 7:30 A.M.
Buyer:
In response to above referenced application for a policy of title insurance,
NATIONS TITLE INSURANCE COMPANY
hereby reports that it is prepared to issue, or cause
hereof, a Policy or Policies of Title Insurance describing
interest therein set forth, insuring against loss which may
any defect, lien or encumbrance not shown or referred to
not excluded from coverage pursuant to the printed
Stipulations of said Policy forms.
to be issued, as of the date
the land and the estate or
be sustained by reason of
as an Exception below or
Schedules, Conditions and
The printed Exceptions
set forth in the attached
available from the office
and Exclusions from the coverage of said Policy or policies
list. Copies of the Policy forms should be read. They
which issued this report.
are
are
THIS REPORT (AND ANY SUPPLEMENTS OR
PURPOSE OF FACILITATING THE ISSUANCE
LIABILITY IS ASSUMED HEREBY. IF IT IS
ISSUANCE OF A POLICY OF TITLE INSURANCE,
AMENDMENTS HERETO) IS ISSUED SOLELY FOR
OF A POLICY OF TITLE INSURANCE, AND
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO
A BINDER OR COMMITTMENT SHOULD BE REQUESTED.
THE
NO
THE
The form or policy of title insurance contemplated by this report is ALTA or CLTA:
The Estate or Interest in the land hereinafter described
report is:
A FEE.
oJl y~rEet nCi)vered
JUN 30 1995
by this
AI.ubJic WoruJEngin..ring
Title to said estate or interest at the date hereof is vested in:
THE E AND H THIRD FAMILY LIMITED PARTNERSHIP, a California limited partnership
The land referred to in this report is situated in the State of California, County of
Santa Clara, and is described as follows:
See attached legal description.
Our No.:
7441512-WLC
EXHIBIT "A"
The land referred to herein is situated in the City of Campbell,
County of Santa Clara, State of California, and is described as
follows:
PARCEL ONE:
Beginning at a point in the center line of White Oak Road and
distant thereon N. 00 30' W. 261.89 feet from the Southwest
corner of that certain 12 acre parcel of land conveyed by Swanson
to Jamison, et al, as recorded in Volume 499 of Official Records,
at Page 209, Santa Clara County Records; running thence along the
center line of White Oak Road N. 00 30' W. 141.53 feet; thence
leaving said center line and running N. 890 36' E. 170.88 feet;
thence S. 00 30' E. and parallel with said center line of White
Oak Road 141.53 feet to the center line of a forty foot road;
thence along said center line S. 890 36' W. 170.88 feet to the
point of beginning, and being a part of said 12 acre tract of
land conveyed by Jamison, et al, situated in Section 2, T. 8 S.R.
1 W., M.D.M. & M., Santa Clara County, California.
Excepting therefrom any interest thereof in that parcel of land
conveyed to the City of Campbell, a municipal corporation by deed
recorded Augsust 4, 1986 in Book J792, Page 8, Official Records,
Santa Clara County.
PARCEL 2:
Beginning at a point in the center line of White Oak Road which
bears N. 00 W. 403.42 feet from the Southwest corner of that
certain 12 acre tract of land conveyed by Swanson to Jamison, et
al, as recorded in Volume 499 of Official Records, at Page 209,
Records of Santa Clara County, California and running thence
along that center line of White Oak Road N. 00 30' W. 141.52 feet
to a 1" iron pipe; N. 890 36' E. 170.88 feet to a 2" x 3" stake;
thence S. 00 30' E, 141.52 feet; thence S. 890 36' W. 170.88 feet
to the place of beginning containing 0.555 acres and being a part
of said 12 acres of land conveyed to Jamison, et al, situated in
Section 2, T. 8 S. R. 1 W. M.D.B. & M., Santa Clara County,
California.
Except therefrom that certain parcel of land conveyed to Larry J.
Ciraulo and Marie Ciraulo by deed dated February 21, 1968 and
recorded February 21, 1968, as Instrument Number 3372385, in Book
8033 of Official Records, at Page 285, Santa Clara County
Records.
Also except therefrom that certain parcel of land conveyed to the
City of Campbell by deed dated July 2, 1986 and recorded August
Our No.:
7441512-WLC
EXHIBIT "A"
4, 1986 as Instrument Number 8887349 in Book J792 of Official
Records, at Page 5, Santa Clara County Records.
Our No.: 7441512-WLC
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS
AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE
EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS
WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND
SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS
PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION
OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING
TITLE TO THE LAND.
SCHEDULE B
At the date hereof Exceptions to coverage in addition to the printed
exceptions and exclusions contained in said policy form would be as follows:
1. Taxes for the fiscal year 1995/1996, a lien, but not yet due or
payable.
2. The lien of supplemental taxes, if any, assessed pursuant to the
provisions of Section 75, et seq. of the Revenue and Taxation Code
of the State of California.
3. Rights of the public, County and/or City, in and to that portion of
said land lying within the lines of Shelley Avenue and White Oaks
Road.
4. An easement affecting that portion of said land and for the purposes
stated herein and incidental purposes as provided in the following
Instrument:
Granted To:
For
Recorded
Affects
Deed
San Jose Water Company
Pipe and aquaducts
May 25, 1870, Book 18 of Deeds, Page 88, Official
Records
The exact location of said easement is not described of
record
5. An easement affecting that portion of said land and for the purposes
stated herein and incidental purposes as provided in the following
Instrument:
Granted To:
For
Recorded
Affects
Deed
Robert A. Cash
Right of way
July 19, 1935, Book 734, Page 384, Official Records
A portion of the Southerly 20 feet of said premises
Order No.: 7441512-WLC
Exceptions Continued:
6. An easement affecting that portion of said land and for
the purposes stated herein and incidental purposes as
provided in the following
Instrument:
Granted To:
For
Recorded
Affects
Deed
San Jose Water Works
Water pipe lines
August 21, 1935, Book 741, Page 165, Official
Records
A portion of the Southerly 20 feet of said
land
Terms and conditions contained in the Grant above referred
to.
7. An easement affecting that portion of said land and for
the purposes stated herein and incidental purposes as
provided in the following
Instrument:
Granted To:
For
Recorded
Affects
Deed
H. Walters and Elizabeth Walters
Right of way for ingress and egress
October 22, 1937, Book 845, Page 426,
Official Records
That portion that lies within the bounds of
Shelley Avenue
8. Deed of Trust to secure an indebtedness of the amount
stated below and any other amounts payable under the terms
thereof,
Amount
Trustor/Borrower
Trustee
Beneficiary/Lender
Dated
Recorded
Loan No.
Returned to Address
$160,000.00
Hong Tao Chen and Emily Chen,
husband and wife
Serrano Reconveyance Company, a
California corporation
Home Savings of America, FSB, a
federal savings bank
November 3, 1994
November 16, 1994, Book N669, Page
0332, as Instrument No. 12722745,
Official Records
1739804-1
Home Savings of America
P.O. Box 60015
City of Industry, CA 91715-0015
Said matters affects Parcel One.
Order No.: 7441512-WLC
Exceptions Continued:
9. Deed of Trust to secure an indebtedness of the amount
stated below and any other amounts payable under the terms
thereof,
Amount
Trustor/Borrower
Trustee
Beneficiary/Lender
Dated
Recorded
Loan No.
Returned to Address
$105,000.00
Hongtao Chen and Emily Chen,
husband and wife
Santa Clara Land Title Company, a
California corporation
Julie Ann Scherr, Trustee of the
Julie Ann Scherr Living Trust dated
June 17, 1994
December 29, 1994
January 6, 1995, Book N723, Page
2192, as Instrument No. 12769184,
Official Records
None shown
Julie Ann Scherr, Trustee
14450 Blossom Hill Road
Los Gatos, CA 95032
Said matters affects Parcel Two.
10. NOTE: No statement of partnership for The E and H Third
Family Limited Partnership, a California Limited
Partnership appears of record.
11. The requirement that a copy of the partnership agreement
for The E and H Third Family Limited Partnership, a
California Limited Partnership and any amendments thereto,
be furnished to us for review.
12. Mechanic's, Contractor's or Materialmen's liens and lien
claims, if any, where no notice thereof appears on
record.
13. Any facts, rights, interests or claims which are not shown
by the public records, but which could be ascertained by
making inquiry of the adjacent land owners and those in
possession thereof.
14. The consequences of the presence, if any, of hazardous
substances, dangerous materials or harmful waste, as a
health or safety hazard, or otherwise, which may affect
said land.
15. Any matters which may be disclosed by inspection of said
land.
Order No.: 7441512-WLC
Exceptions Continued:
16. NOTE: Information in possession of this Company indicates
the possibility of a division of land ownership. If such
division is in fact contemplated, the transaction would
appear to fall within the purview of the Subdivision Map
Act (66410 et seq. Government. Code).
As a prerequisite to the Company's participation in land
division transactions, compliance with one of the
following provisions of the Subdivision Map act will be
required:
a. The recording of a subdivision map in compliance with
statutes or
related local ordinances; or
b. The recording of a parcel map in compliance with
statutes or related
local ordinances; or
c. The recording of a Certificate of Compliance, as
provided by
statute; or
d. The recording of a waiver as provided by Government
Code Section
66428; or
e. Submission of other satisfactory evidence of
compliance with or
non-violation of the Act.
JC:kr
Plats enclosed.
NOTES:
1. Taxes for the fiscal year 1994/1995, as follows:
Assessor's Parcel No. 414-38-067, Code Area 10 011
First Installment
Second Installment
$146.71
$146.71
Paid
Paid
Exemption
$0.00
2. Taxes for the fiscal year 19941995/, as follows:
Assessor's Parcel No. 414-38-066, Code Area 10-011
First Installment
Second Installment
$1,464.76 Paid
$1,464.76 Paid
Exemption
$0.00
Order No.: 7441512-WLC
Exceptions Continued:
3. NOTE: According to the public records, there have been no
instruments conveying the property described in this
report recorded within a period of two years prior to the
date hereof except as follows:
A Grant Deed executed by Julie Ann Scherr, Trustee of the
Julia Ann Scherr Living Trust dated June 17, 1994 to Hong
Tao Chen and Emily Chen, husband and wife, as community
property, recorded November 16, 1994, Book N669, Page
0330, as Instrument No. 12722744, Official Records.
A Grant Deed executed by Hong Tao Chen and Emily Chen,
husband and wife, as community property to The E and H
Third Family Limited Partnership, a California limited
partnership, recorded December 30, 1994, Book N718, Page
1130, as Instrument No. 12763827, Official Records.
A Grant Deed executed by Julie Ann Scherr, Trustee of the
Julie Ann Scherr Living Trust, dated June 17, 1994 to
Hongtao Chen and Emily Chen, husband and wife, as
community property, recorded January 6, 1995, Book N723,
Page 2190, as Instrument No. 12769183, Official Records.
4. Short term rate may apply to orders place within 60 months
from November 16, 1994 (unless specifically excluded by
application of our Schedule of Fees and Charges) .
5. County Recorder will charge an additional $10.00 "Monument
User Fee" to record a Grant Deed using the legal
description in this report.
IN LOCAnNG LAND ~
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AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise
by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land;
(iii) 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; or (iv) environmental protection,
or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of
a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
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, not recorded in tne public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation offederal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the
failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the
Exceptions from Coverage In a Standard Coverage policy will also Include the following General Exceptions:
EXCEPTIONS FROM COVERAGE
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 ofthe land or by making inquiryof 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.
6. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records.
LIST OF PREPRINTED EXCEPTIONS AND EXCLUSIONS
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise
by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating to (i) the occupancy, use, or enjoyment of the land; (Ii) the character, dimensions or location of any improvement now or hereafter erected on the land;
(iii) 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; or (iv) environmental protection,
or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of
a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained ifthe insured claimant had paid value forthe insured mortgageorforthe estate or interest insured
by this policy.
4. Unenforceabillty ofthe lien ofthe insured mortgage because of the inability or failure ofthe insured at Date of Policy, or the inability or failure of any subsequent owner
of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability ofthe lien ofthe insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based
upon usury or any consumer credit protection or truth-in-Iending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured
lender, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' 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 pubiic 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.
6. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter fumished, imposed by law and not shown by the public records.
sse (Continued on reverse side.) V2
~
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J 79.2PA6E
-888'7349
.....
e.AMP" .......
.. ~ 9 IJ. 'I
!~I~ ~t;.~~:n
OUIV. :'~'.1Ir~
. t IC14'C
'.11'"
TO Ie ReCORDIO WiltrOUT ,q
.., ION "OJ oovr.:.,....r....T Co~
4' THI lcouelT 01 Clf't 0' CAMluu.
-.
~'TY ", CAMPelLL
~ North Flrlt St"..
C4mllb.Il. el"ro,",. IlSOOI
j)~
~ie.
.','
GIlANT 0110
,,~,
we, SALVATORE J. CIRAULD .nd ANQILIAN CIRAU~O, hUlblnd end ~If., hereby
grant to the CITY or CAMP.ILL. . ~nlelplI corPOrlt'on of the County of
Slntl Cllra, St.t. of Callforn'., for publle ,tr..t DurPO'" Ind to
b.come . portion of Whit. Olk. Rold. III that clrtaln rill property
wIthin saId City and MOr. plrtlcularly da.crlbad as foll~l
.
8[GI"NI~Q at a poInt 1ft the c.nt.rlln. of Whltl Oak.
Road, 'orlll8rly kllClWft a. Whlta Oak Road, ..IlIch bea"
South 00 10' I.It 28).70 f.at fram the northwelt cor-
n.r of th,t clrt,'n tract of land conv.y.d by Swan.on
to Jimison, .t II. al r.cord.d In Volume ~99 of OfficIal
Records, p.g. 20', Santi Clara County ~cordsl
THENCE, .Iong . Iln. ba.rlng North 8~ 36' E,lt to It.
Int.r.cctlon with I Iln. p.rlll.1 to ind 25.00 f..t,
mea.ur.d .t . rIght In, I., .Ist.rly fram laId c.nt.r-
Iln., .lld point 0' Inter..ctlon b.lng the TRUE POINT
0' 8ECtNNINGI
TH[~C[, .Iong ..Id parlll.1 Iln. South 00 )01 1.lt to Its
Inter..ctlo~ wIth the northerly IInl of that c.rt.ln p.r-
e.1 0' land convey.d to Salv.tor. J. Ciraulo and An9.'I~n
Clr.ulo, hYlb.nd .nd wlf., .. Joint t.nant" by thlt
certaIn Gr.nt a..d Joint Tlnlncv r.cord.d on Octoblr 22,
1937, .nd fll.d In look 845 of O'flclal Rccords .t pig.
~26, Slnt. CI.,a tounty Reeords;
THENCE, along s.ld northerly Ilnr North 89P ]61 list to
Itt Int.rs.ctlon with I Iln. p.r.llel to and 30.00 f.lt.
me.sur.d .t . tight .ngle, ..sterly 'r~ abov.-mentlon.d
c.nt.rl In. of WhIt. Oakl loedl
THENCE 1 .Iong ..Id p.r.llel 11ft. North 00 30' WI.t to It.
Int.rslctlon wIth the .outh.tly Iln. 0' th.t clrtlln
parcal of land conv.yed to LArry J. CIraulo .nd Karl.
.
I 01 2
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~t:tl !;;66t"lZ'l0
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~
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_.. .17 9 2PAGE
- -- .. .
Clr.ulo, ~'t wI'., .s jolnc ClnAnfl. by that clrt.ln
Crlnt o.ed rlcordaJ on 'ebru.ry 21. 1968, and "'ed
'n look 80SS 0' O"TcT.1 A.cordl .t Pl9' 28'. Santi
CI." Councy lacordll
THINCI, .Iono 1.ld .outherly lIne South .~ J6' We.t
5.00 ,..t to thl TAut POINT 0' IlGINNINQ.
IN WITNESS WHlAEa" _ hili' 1l11c.d ol.lr n,.... thl, ~,.,.,J... dey 0'
. I... L ~. 1'86.
6
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/: ~'.;N. ~~
~AH,ClwJ[1'
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St.t. 01 C.'I'o'~I. )
)
County 0' S.nt, CI.r,)
On Chi, .!Jft\t:f. dIY.O'.J~. '9.K.. b,'or. lilt. (}~~ m. (IA.H .
the "..d.r"",.d Hat.ty 'ubl~'''y .pp..red ~...b.u. j r~...l~
~J.......... -')n. C'UA ....- r . k"own Co me or Ilrov.d to /lit Oil 1111 b.u" or
"t~"cta'y .vld.nCI to b, Che p",on(,) whose n...(,) ~
,"b.crlb.d to the ..lthl~ In'trl.....nl. Ind acknowl'dged that _~
'.lcllt.4 It.
WITNESS my hand .nd o'f'cl.1 Slil.
Notary ~ ,~ m Cct&..&..
it
8 O"ICIAI. IIJoL
CHAlllNe M ~
ffOfM't "*IC . CU'INI"
UIft'i CUll CD"
.., _. ....... OCT I. ""
.. ~.............
6
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t>1:11 ';661'2.2:'2.0
1,1~N ^lI13al~ WO~~
***ON3***
J792PAGE 7
ClPTEO ON THIS 11~ dlr .~;V
lor and an behalf 01 tJ\t City of CI~
. MuniciNI CotPOIlliClll. 0' Iht Slilt. 0'
California. purS'J3nt to R.soI1IliOft No. 749,
recorded In look 4509 - ..... ~ ...... .afa
County RICard.. . ~:~.' ~ ~lL.~
' . " "10
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125 E. SUNNYOAKS AVE. STE.204 CAMPBELL. CALIFORNIA 95008 (408) 376-0877
July 31, 1997
City Of Campbell
Department of Public Works
70 N. First St.
Campbell, CA 95008
Re: Monument Bond for 49 Shelley at Whiteoaks Ave, Campbell, CA.
Attention: Harold Housley
Gentlemen;
This is to certify that property corner monuments shown to be set on the subject Parcel Map
have been set accordingly. Also, payment for this service has been made by the developer,
Mrs. Emily Chen. Also, forwarded herewith are the As-built Improvement Plans for the
subject project. Revisions are ihdicated with a delta number highlighted by a cloud. If there
are questions or additional information is required please do not hesitate to call.
cc: Emily Chen
CIVIL ENGINEERING * STRUCTURAL DESIGN * LAND SURVEYS * DEVELOPMENT CONSULTANTS
DOCUMENT: 13931664 Titles. I / Pages: 2
II /1/111/11 "" ""'" /I Fees 10 00
Recorded at the Request of: Taxes
Copies
AMERICAN TITLE INS. CO. ~0013931664~
Escrow No. 310478 AMT PAID 10 00
After Recording Mail To: BRENDA DAVIS ROE f::I 005
City Of Campbell SANTA CLARA COUNTY RECORDER 11/07/1997
70 N. First Street Recorded at the request of 9:09 AM
Campbell, CA 95008 Owner
-----------------------------------------------------------------------------
A.P.N. 4-/4 - 3 rf - 0 cj 3
COVENANT TO MAINTAIN EASEMENT AREA
LOT 4
This covenant affects aportion of that certain real property known as Lot 4 shown on that certain Parcel
Map filed for record in Bool< 669 of Maps at pages 26 and 27 said portion being a strip of land 5 feet in
width as described in that certai~ COVENANT TO GRANT ~~rM.t~,.f~~IJ2.R,M l{F,1AINAGE
PURPOSES filed for record on iZ~~..ij14tb in -4(...; (t)l-=::'"~7 _Official
Records of Santa CIcr-aCounty, said strip of land being identified as Easement No.1 and lying within the
City of Campbell, California.
A private storm d'ain system is located within the area of the private storm d'ain easement (Easement
No.1) across Lot 4, above described. The private storm d'ain system consists of a surface unlined eta in
swale and an undergound stormdrain pipe and appurtenances.
The owners of Lot 4 agree to periodically clean the portion of the system located on Lot 4 and remove
leaves, plant gowth or other debris that might interfere with the flow of water. The owners of Lot 4 also
agee, that if the undergound portion of the private storm etain system located on Lot 4 requires repair <r
replacement, that they will participate in the cost to repair or replace the damaged portion of the system
equally with the owners of the adjacent benefit Lots 1, 2 and 3. However, if damage to the storm crain
system is caused by actions of the owners of Lot 4 or their legal agents, the costs of repair or replacement
of the damaged portion shall be borne solely by the owners of Lot 4.
This agreement is binding upon the parties and their heirs, successors and assigns.
DATED this
3\
day of Ocfd:Jev
199p.7
Owner(s) of Lot 4
w~~~
-~--- ~.-~ '-11 -~----
J 4.dA-/
- --------------------
~
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-
\1
t 55.
Tille Of Type of Doeument:
Number ofPoaes Da'" ofDoeumenl
Signals) Otha than llII11ed below
State of California
County of Santa Clara
On October 31.1997 before me, Wai Ling Chu
NotaryPublic,personallyappeared William Huey and Oanni Tsal .
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are sUDscribed to the within instrun-.<:nt and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
k 6t ~________, (Seal)
./
~::>K' _..'C'.,:,,,,,-"'~~~ ~ -.............,.,.
; ',!!\!G CHU
Signature
(, 111\/:'. H-:O-,,'647[-) u
r i-IHY PUBLiC ef)
_,~L!F(JRNiA S
~-.:lj'RACOU.i'F\
>,(_, ~)~C. '!! 1999
~~ - - -
ATD-I (Revised 1/93)
., .:::
.: .
/:-:
:;.
': "...
......
f . " DOCUMENT: 1~",J2999 Tit I es: 1 / Pages: 2
" " "1111111 II~IIII II " Fees 113.1313
Recorded at the Request of: Taxes.
AMERICAN TITLE INS. CO. ~0013682999~ Copies
Escrow No. 310478 AMT PAID 10.00
After Recording Mail To: BRENDA DAVIS RDE ** 001
City Of Campbell SANTA CLARA COUNTY RECORDER 4/24/1997 .
70 N. First Street Recorded at the request of 8:'1'1 AM
Campbell, CA 95008 American Title Insurance Co.
A~P.N~-~t~~j~:-~-1~i------------------------------------------------------
COVENANT TO MAINTAIN EASEMENT AREAS
FOR BENEFIT OF LOT 3
This covenant affects a portion of that certain real property known as Lot 4 shown on that certain Parcel
Map filed for record in Book 669 of Maps at pages 26 and 27 said portion being a strip of land 5 feet in
width as described in that certain COVENANT TO GRANT EASJ;fy1!;:NTS FOR..sIOR_M DRAINAGE
PURPOSES filed for record on 12-20-96 RECORDERS SERIES It 1:K557229 of Official
Records of Santa CIGf'a County, said strip of lan'd being identified as Easement NO.1 for the b~nefit of
Lots 1, 2 and 3 and lying within the City of Campbell, California.
,
A private storm ctain system is located within the area of the private storm ctain easement (Easement
No.1) across Lot 4,above described. The private storm aain system consists of a surface unlined ctain
swale and an underg-ound storm drain pipe and appurtenances.
The owners of Lot 3 agree to periodically clean the portion of the system located on Lot 3 and remove
leaves, plant g-owth or other debris that might interfere with the flow of water. The owners of Lot 3 also
agree, that if the underground portion of the private storm ctain system located on Lot 4 requires repair
or replacement, that they will participate in the cost to repair or replace the damaged portion of the
system equally with the Qwners of the adjacent Lots 1, 2 and 4. However, if damage to the storm ctain
system is caused by actions of the owners of Lot 3 or their legal agents, the costs of repair or replacement
of the damaged portion shall be borne solely by the owners of Lot 3.
This agreement is binding upon the parties and their heirs, successors and assigns.
. 7
DATED this__J8______day of AmC 19~
Owner(s) of Lot 3
P~4__t;1~ ar~
JAMES DAVID ALLEN, JR.
-~~~~-'-~
FRANCES T. BAIN
"
':,'.
State of California
~ SS.
Tille or Type "C Document,
tlumbef "CPages 0.1e "CDoeument
S;8'1<l(.) Other "'lilt nlmed below
County of Santa Clara
On Apri 1 18, 1997 before me, Wa i Ling Chu
Notary Public, personally appeared James David Allen, Jr. and Frances 1. Sain ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature /v7 c=-:::;;?e--~
/ ..
ATD-I (Revised 1/93)
---'
(Seal)
- - -- -.-. ......-',~ --- .. - --.-. - - - -- .-...-.-..
t ,..... WAI LING CHU ~
it.~' .-.. '. . COMM. #1076475
~ 0 ... " 'LJ
o ; ,,; NOTARY PUBLIC UJ
~ . . CALIFORNIA 0
, . SANT A CLARA COUNTY ~
~ .,,,..., rC.XPI RES DEC. 1, 1999 t
--~--------~-------
.' ..;.
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Recorded at the Request of:
AMERICAN TITLE INS. CO.
Escrow No. 31nLJ.7a.}/p2-70
DOCUMENT: 13)57231
\1111111111\1
~0013557231~
Titles: 1 / Pages:
2
Fees. . . .
Taxes
Cop i es. .
AMT PAID
\000
10.00
After Recording Mail To:
City Of Campbell
70 N. First Street
Campbell, CA 95008
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
American Title Insurance Co
ROE ** 005
12/20/1996
8:00 AM
A~P~N~-~1l/~-~~Jf:-()-r-7------------------------------------------------------
COVENANT TO MAINTAIN EASEMENT AREAS
LOT 2
This covenant affects a portion of that certain real property known as Lot 2 shown on that certain Parcel
Map filed for record in Book 669 of Maps at pages 26 and 27 said portion being a strip of land 5 feet in
width as described in that certain COVENANT TO GRANT EASEMENTS FOR STORM DRAINAGE
PURPOSES filed for record on ])~~9--;iq'~in Book_~_ at Page(s) _____Official
Records of Santa ChraCounty, said strip of land being identified as Easement NO.2 and lying within the
City of Campbell, California. '*.,tk .::pt'=1ir/..oi~/cI- .=P: 135S'7c2.~'1
A private storm crain system is located within the area of the private storm crain easement (Easement
No.2) across Lot 2, above described. The private storm aain system consists of a surface unlined aain
swale and an underg-ound storm drain pipe and appurtenances.
The owners of Lot 2 agree to periodically clean the portion of the system located on Lot 2 and remove
leaves, plant growth or other debris that might interfere with the flow of water. The owners of Lot 2 also
agree, that if the underground portion of the private storm drain system located on Lot 2 reqUires repair
or replacement, that they will participate in the cost to repair or replace the damaged portion of the
system equally with the owners of the adjacent benefit Lot 1. However, if damage to the storm drain
system is caused by actions of the owners of Lot 2 or their legal agents, the costs of repair or replacement
of the damaged portion shall be borne solely by the owners of Lot 2.
The owners of Lot 2 further agree that if the undergound portion of the private storm crain system
located on Lot 4 requires repair or replacement, that they will participate in the cost to repair or replace
the damaged portion of the system eqJally with the owners of the adjacent Lots 1, 3 and 4.
This agreement is binding upon the parties and their heirs, successors and assigns.
DATED this___ft~__day of ___--.12~r!__ejP1~96.
(
~
~
/~~~
,
VICKY ABLAO
"
State of California
~ 88.
Tille Of Type or Document:
Number of Pill'"' Date of Document
Signer(,) Other d..,. named belo..
County of Silntil Clara
On December 18, 1996 before me, Wa i Ling Chu ,
Notary Public, personally appeared Francisco Q. Cerezo, Luzv i mi nda Q. Cerezo and Vi c ky Ab 1 aq
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature ~- .~. ~/
/ .-
ATD-I (Revised 1/93)
(Seal)
r;~~:>*~~:~,;g~~~fo~~g75-'1
S5 ({~~ [\JU r ARY PUBLIC '
0.. \ . . ! CALIFORNIA F
L~';/:/ S~.N'rA CL.t.,RA COUNTY ~
'~."'~. i:)/r.;IRF.~; "EC. 1 1999 '
:ell . ...,J"'.:~:;,,~~'~:~,!"J..O.:.,{:~_;:.~ _ ..:.. _ _ __ ..J
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DOCUMENT: 1 : 3562 Tit I es: 1 / Pages: 2
~ IIII ~ III ~ 111111 ~ Fees. 10 00
Recorded at the Req~est of: Taxes.
Copies.
AMERICAN TITLE INS. CO. ~0013823562~
Escrow No. 310478 AMT PAID 10 00
After Recording Mail To: BRENDA DAVIS RDE ** 008
City Of Campbell SANTA CLARA COUNTY RECORDER 8/22/1997
70 N. First Street Recorded at the request of 8:00 AM
Campbell. CA 95008 American Title Insurance Co
A~P.N~4\ ~~~0:-6t> ------------------------------- M--~~a~~
COVENANT TO MAINTAIN EASEMENT AREAS
FOR BENEFIT OF LOT 1
This covenant affects portions of that certain real property known as Lots 2 and 4 shown on that certain
Parcel Map filed for record in Book 669 of Maps at pages 26 and 27 said portions being strips of land 5
feet in width as described in that certain COVENANT TO GRAN-TEASEM!;)>JTS_FOB-S1=GWDRAINAGE
PURPOSES filed for record on ..!JeCSlJJlbe.I__2_0-,-19_~L in ,Instrument No. 13557229 Official
Records of Santa Clara County, said strips of land being identified as Easement NO.1 and Easement No.2
for the benefit of Lot 1 and lying within the City of Campbell, Califania.
A private storm a-ain system is located within the area of the private storm ctain easements (Easement
NO.1 and Easement No.2). across Lots 4 and 2, above described. .The private storm drain system
consists of a surface unlined crain swale and an underg-ound storm crain pipe and appurtenances.
The owners of Lot 1 agree to periodically clean the portion of the system located on Lot 1 and remove
leaves, plant g-owth or other debris that might interfere with the flow of water. The owners of Lot 1 also
agree, that if the underg~ound portion of the private storm a-ain system located on Lot 2 requires repair
or replacement, that they will participate in the cost to repair or replace the damaged portion of the
system equaliy with the owners of the adjacent Lot 2. However, if damage to the storm d-ain system is
caused by actions of the owners of Lot 1 or their legal agents, the costs of repair or replacement of the
damaged portion shall be borne solely by the owners of Lot 1.
The owners of Lot 1 further agree that if the underg-ound portion of the private storm a-ain system
located on Lot 4 requires repair or replacement, that they will participate in the cost to repair or replace
the damaged portion of the system eqJally with the owners of the adjacent Lots 2, 3 and 4.
This agreement is binding upon the parties and their heirs, successors and assigns.
DATED this__L'b'___day of -.L-1-u Cl Lt~, t ~9_) ~ Ot 7-
CL/~
Owner(s) of Lot 1
l~~ 1_iY.LvvJ_____~
~ffi-'17 Ma 1mborg I t <
~~ 1f.A1M,~U&
-Elizabeth -A-.--Malmborg--- 1
.}
", ~
State of California
~ss.
Tide or 1YJ>e or Document
Nwnbcr or...... O.le orDocumenl
sianct(.) Other Ihan named below
Countyof Santa Clara
On August 18,1997 before me, Wai Ling Chu
Notary Public, personally appeared Keith 1. Malmberg and Elizabeth A. Malmberg,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. .
WITNESS my hand and official seal.
Signature ~/ A~..> _._-=.
/
ATD-l (Revised 1/93)
(Seal)
\f')!AI :__!~JG CHU
~.:' co. j'.v1.. ~.ii # j C."'6 t1 7 5
o .;1;'; f'<C!,,c\RY hlf3l.!C US
(f) ,~vf ',1,L! FOHI~ fA S'
CL \''1 " ,. SA~IT/, "U'.R,L CmlNTY ~
~ ", ,,:j' I'.. "" ".co ...." 1 < 999
t ~~~" __/~"'iHr::<:~ Ur::\j' ,I ,-' ,
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DOCUMENT: 13557229 Tit I es: I / Pages: 3
RECORDED AT THE REQUEST OF: IIII ~ "111111111 Fees. 13.00
Taxes. . .
AMERICAN TITLE INS. co. >>a;013557229>>: Copies
Escrow No..~ 310.:2 7 0 AMT PAID 13 00
After Recording Mail to: BRENDA DAVIS RDE f:t
SANTA CLARA COUNTY RECORDER 005
City of Campbell 12/20/1996
70 N. First Street Recorded at the request of 8:00 AM
Campbell, CA 95008 American Title Insurance Co
COVENANT
TO GRANT EASEMENTS FOR
STORM DRAINAGE PURPOSES
AND PROVIDE FOR THE USE AND MAINTENANCE THEREOF
We, THE E & H THIRD FAMILY LIMITED PARTNERSHIP, a California limited partnership, hereinafter
referred to as FIRST PARTY, as to portions of the following described real property, hereby agree and
covenant to the creation and maintenance of Private Storm Drain Easements for the installation,
maintenance, repair or replacement of surface and underground private storm crainage facilities; said
easements to be kept open and free from buildings and structures of any kind or obstructions which
impede the flow of surface waters within gaded c:tainage courses and/or underground aainage facilities
and appurtenances thereto; said easements being more particularly described as follows:
EASEMENT 1
BEING A STRIPOF LAND 5 FEETIN WIDTH SITUATE INTHE CITY OF CAMPBELL, COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA, SAID STRIP OF LAND BEING AN EASEMENTFOR SURFACE AND UNDERGROUND
PRIVATE STORMDRAIN PURPOSES FOR THE BENEFIT OF LOTS 1, 2 AND 3 AS SAID LOTS ARE SHOWN UPON
THATCERTAIN PARCELMAPFILED FORRECORDIN BOOK 669 OF MAPS AT PAGES 26AND27. SANTACLARA
COUNTY RECORDSAND BEING A PORTION OF LOT 4, AS SAID LOT 41S SHOWN UPON SAID PARCEL MAP, THE
EASTERLY AND NORTHERLY LINES OF SAID STRIP OF LAND BEING MORE PARTICULARL YDESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID LOT 4, SAID CORNER LYING ON THE
NORTHERLY LINE OF SHELLEY AVENUE, AS SHOWN UPON SAID PARCEL MAP ABOVE REFERRED TO:
THENCE LEAVING SAID POINT OF BEGINNING ALONG THEEASTERL Y LINE OF SAID LOT 4 NORTH 00' 30' 00"
WEST 92.00 FEETTOTHE NORTHEASTERL YCORNEROF SAID LOT 4; THENCE, ALONG THE NORTHERLY LINE
OF SAID LOT 4. SOUTH 89' 36' 00" WEST 65.88 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 4.
EASEMENT 2
BEING A STRIPOF LAND 5 FEET IN WIDTH SITUATE IN THE CITY OF CAMPBELL, COUNTYOF SANTA CLARA,
STATE OF CALIFORNIA, SAID STRIP OF LAND BEING AN EASEMENT FOR SURFACE AND UNDERGROUND
PRIVATE STORM DRAIN PURPOSES FOR THE BENEFIT OF LOT 1 AS SHOWN UPON THAT CERTAIN PARCEL
MAPFILEDFOR RECORDIN BOOK 669 OF MAPS AT PAGES 26AND27, SANTACLARA COUNTYRECORDSAND
BEING A PORTION OF LOT 2, AS SAID LOT 2 IS SHOWN UPON SAID PARCEL MAP LAST DESCRIBED, SAID
STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNINGAT THE MOST SOUTHEASTERL YCORNEROF SAID LOT 2 ABOVE DESCRIBED; THENCEALONG
THEEASTERL Y LINE OF SAID LOT 2 NORTH O' 30" 00" WEST 10.00 FEETTO A POINT; THENCE LEAVING SAID
EASTERLY LI NE, ON A LINE PERPENDICULAR TO THE PREVIOUS COURSE, SOUTH89' 30' 00" WEST5.00 FEET
TO A POINT IN A LINE WHICHIS PARALLEL WITH AND DISTANT 5.00 FEET, MEASUREDAT RIGHT ANGLES,
FROM SAID EASTERLY LINE OF LOT2; THENCEALONG SAID PARALLEL LINE SOUTHO' 30' 00" WEST10.00
FEET, MORE OR LESS, TO A POINT IN THE COMMON LINE OF LOTS 1 AND 2; THENCE ALONG SAID COMMON
LINE NORTH 890 36' 00" EAST 5.00 FEET, MORE OR LESS. TO THE POINT OF BEGINNING.
The above desaibed easements to be filed for record in the Office of the Recorder for the county of
Santa Clara, State of California atthe time of transfer of title from FIRST PARTY to purchasers of said Lots
1, 2, 3 and 4 of the above referenced map; said purchasers hereinafter referred to as SECOND PARTY,
THIRD PARTY, FOURTH PARTY AND FIFTH PARTY, respectively.
Surface and underground storm drainage improvements shall be installed in accordance with the
Approved Grading and Drainage Plan for the subject property prior to the transfer of title of any of the
individual lots and costs of installation of said improvements shall be entirely borne by FIRST PARTY,
their heirs. successors and assigns.
The costs and responsibilities of maintaining the easements and/or drainage courses and facilities, as set
forth above, once granted, shall fall to the party owning the lot on which easements and/or graded
crainage courses or underground facilities occur, that is, SECOND PARTY, the owner(s) of Lot 1 and so
on through FIFTH PARTY, the owner(s) of Lot 4 and their heirs, successors and assigns, respectively.
However, whereas underground storm drain facilities are to be installed for the benefit of all lots, 1
through 4. the responsibility for the costs of flushing, repair or removal and replacement of said
underground facilities shall be borne jointly and equally by all parties, SECOND PARTY through FIFTH
PARTY and their respective heirs, successors and assigns.
Any g-ant of easement pursuant to the terms of this agreement and all obligations and agreements herein
contained shall run with the land and shall be binding on and shall enure to the benefit of the above
named parties, their heirs, legal representatives, successors and assi91s. ~
IN WITNESS WHEREOF, I (we) hereto have executed this instrument this --.o~_____ day of
--____.L2L~_______, 1996.
THE E AND H THIRD FAMILY LIMITED PARTNERSHIP, a California Limited Pcrtnership
C.~L-~/~ <-
EMILYC-HEN~G-E-N~A{-PARTNER-~~
"
State of California
f ss.
Title or Type of r~unent:
Number of rlR" 00'" of Document
Si(lller(,) Other !hon nomed below
County of Silntil r.lara
On~to~er 29, 1996 before me, Wa; L; ng Chu
Notary Public, personally appeared Em; 1y Chen .
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowiedged to me that he/she/they executed the
same in hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature ,k~~
/
(Seal)
ATD-l (Revised 1/93)
.:-.
:;:
.,'
Of' c", A_
".l..'~.'. ''1P~t\'>
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olle H. \l \).
CITY OF CAMPBELL
Public Works Department
May 14, 1997
YMP, Inc.
10190 Bret Avenue
Cupertino, CA 95014
Attn: Emily Chen
Re: 49 Shelley Avenue, Parcel Map
Monumentation and Security
Dear Emily:
The City is still retaining a Monument Bond in the amount of $5,000 for security that the
monumentation will be set as shown on the parcel map for the above subject development.
Please provide the City with a letter from your surveyor/engineer stating that tl)e
monumentation has been set, and that he/she has been paid. Once this has taken place, please
provide a letter to the City from the E and H First Family Limited Partnership requesting that
the monument bond be released.
Staff may field review the monumentation prior to releasing the bond.
cc: File: 49 Shelley Avenue
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.376.0958 . TDD 408.866.2790
'lfD::O@
InSC~ICD
~
PERFORMANCE BOND - PUBLIC WORK
MONUMENT BOND
Bond 1906585
Premium $120.00 for contract term
(Subject to Audit Adjustment)
KNOW ALL MEN BY THESE PRESENTS: That we,
THE E AND H FIRST FAMILY LIMITED PARTNERSHIP
As Principal, and Dl:VELOPERS INSURANCE COMPANY, 2. corporation duly authorized under the laws of the State of
California to become surety on bonds and undertakings, as Surety, are held and firmly bound unto
THE CITY OF CAMPBELL
As Obligee in the full and just sum of
FIVE THOUSAND AND NO /100' S------ Dollars, ($ 5 , 000 . 00 ),
lawful money ofthe United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well
and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and assigns, jointly and severally,
firmly by these presents.
The Condition of the foregoing obligation is such that; whereas the above bounden Principal has entered into a contract,
dated ' 19 _, with the Obligee to do and perform the following work, to-wit
PLACEMENT OF MONUMENTS
PARCEL MAP 95-201
49 SHELLEY AVENUE
as.is more specifically set forth in said contract, to which contract reference is hereby made;
Now therefore, if the said Principal shall well and truly perform the work contracted to be performed under said contract in
accordance with the plans and specifications, then the above obligation to be void, otherwise to remain in full force and
virtue. .
No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein.
Sealed with our seals and dated this
15TH
day of
AUGUST
1995
'-
THE E AND H FIRST FAMILY LIMITED
PARTNERSHll:'
DEVELOPERS INSURANCE COMPANY
Principal
By: C--e> t-- C~
EMILY CHEN, GENERAL PARTNER
01 026 Rev. 6/92
17780 Fitch
Irvine, California 92714
(714) 263-3300
CALIFORNIA ALL.PURPO... ~ ACKNOWLEDGMENT
CALIFORNIA
State of
SANTA CLARA
County of
On AUGUST 15, 1995
Date
before me,
JEAN L NED, NOTARY PUBUC
personally appeared
Name and Tille of Officer (e.g., "Jane Doe, Notary Public")
JODY A JOHNSON
Name(s) of Signer(s)
~ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
ESS my ha~d ~d official seal.
OP 1 NAL
Though the information below is not required by law, it may pI ve valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Title( s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian- or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
@ 1994 National Notary Association' 8236 Remmel Ave., P.O. Box 7184 . Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder. Call Toll-Free 1.800-876-6827
POWER OF ATTORNEY OF
I. .IEMNITY COMPANY OF CALlFO...4IA
AND DEVELOPERS INSURANCE COMPANY
N~ 223926
P.O. BOX 19725. IRVINE. CA 92713 · (714) 263-3300
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1996.
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the text Is In brown ink. the signatures are in blue Ink and this notice Is In red Ink.
4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact. but should remain a permanent part of the obllgee's records.
KNOW ALL MEN BY THESE PRESENTS, that. except as expressly limited. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly. hereby make, constitute and appoint ***PI ERRE LE COMPTE, JODY A. JOH NSON, RICHARD SVEC, JOI NTL Y OR
SEVERALL Y***
the true and lawful Attorney(s)-In-Fact. to make, execute. deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of
suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full
power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of
said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed.
The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds. undertakings or contracts of suretyship:
Bank depository bonds. mortgage deficiency bonds, mortgage guarantee bonds. guarantees of installment paper, note guarantee bonds. bonds on financial institutions, lease
bonds, insurance company qualifying bonds. self-insurer's bonds. fidelity bonds or bail bonds.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY
COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY. effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board. the President and any Vice President of the c.orporation be, and that each of them hereby is, authorized to execute Powers of Attorney,
qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyShip; and that the Secretary or any Assis-
tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of
Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or
contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec-
tive Presidents and attested by their respective Secretaries this 1 st day of April, 1993.
INDEMNITY COMPANY OF CALIFORNIA
By
DEVELOPERS INSURANCE COMPANY
By
NdPU
ATTEST
ATTEST
By
NdPU
Walter Crowell
Secretary
By
Walter Crowell
Secretary
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
On July 15, 1994, before me, the undersigned. a Notary Public in and for said State, personally appeared Dante F. Vincenti, Jr. and Walter A. Crowell, per-
sonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on
behalf of Indemnity Company of Califomia and as President and Secretary of Developers Insurance Company, the Corporations therein named, and acknowledged
to me that the corporations executed it.
WITNESS my hand and official seal.
(( ~fb
CERTIFICATE
OFFICIAL SEAL
J. ALVARADO
COMM. #1023169
NOTARY PUBUC . CALIFORNIA
ORANGE COUNTY
My Commission Exp. Apr. 17. 1998
Signature
Notary Public
The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA. and Senior Vice President of DEVELOPERS INSURANCE COMPANY. does hereby
certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore, that the provisions of the resolutions of the respective
Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 15th day of August . 199~.
INDEMNITY COMPANY OF CALIFORNIA
By
~~~6n
L.C. Fiebiger
Senior Vice President
DEVELOPERS INSURANCE COMPANY
L.C. Fiebiger
Senior Vice President
By
~ cz: ~6n
ID-310 REV 1/95
lJC=;]G
InSC~lco
@)~@0dJ~
BOND NO:
INITIAL PREMIUM: $888.00
SUBJECT TO RENEWAL.
190625S
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, THE E AND H FIRST FAMILY LIMITED PARTNERSHIP ,as Principal.
and DEVELOPERS INSURANCE COMPANY. a corporation organized and doing business under and by virtue of the laws of the State
of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto
THE CITY OF CAMPBELL
as Obligee. in the sum of
($ 37,000.00 ) Dollars. for which payment, well and truly to be made, we bind ourselves, our heirs, executors and
successors, jointly and severally firmly by these presents.
THIRTY SEVEN THOUSAND AND NO/100'S------
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
Permit
WHEREAS, the above named Principal, as a condition of the filing of the:liroxkw.tRill:N~ll!f}(x~>>~a~pd'>>x'lnoc~no,'l(X
entered into an agreement or agreements with said Obligee to complete the improvements specified in
said agreement or agreements. DEFERRED STREET IMPROVEMENTS - 49 SHELLEY AVENUE
:\iOW THEREFORE. the condition of this obligation is such. that if the above Principal shall well and truly perform said agreement or
agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice
to the Surety. this obligation shall be void, otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF. the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at
SAN JOSE
California, this
9TH
day of
AUGUST
,1995
"PRINCIPAL"
"SURETY"
THE E AND H FIRST FAMILY LIMITED PARTNERSHIP
DEVELOPERS INSURANCE COMPANY
By:
L "~
-
C~/
-
BY:
EMILY CHEN, GENERAL PARTNER
177, Fitch
Irvine. California 92714
(714) 263-3300
DI113 Rev. 2/91
CALIFORNIA ALL.PURPQ Z ACKNOWLEDGMENT
CALIFORNIA
State of
SANTA CLARA
County of
On AUGUST 9, 1995
Date
before me,
JEAN L. NED, NOTARY PUBUC
personally appeared
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
JODY A JOHNSON
Name(s) of Signer(s)
)fJ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and p~
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
o Individual
o Corporate Officer
Title( s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
<!:l1994 National Notary Association. 8236 Remmet Ave., P.O. Box 7184 . Canoga. Park, CA 91309-7184
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
1flXI[3 .
InSC!ijlco
@~QdJ~
BOND NO:
190625S
PREMIUM INCLUDED
IN PERFORMANCE BOND.
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, THE E AND H FIRST FAMILY LIMITED PARTNERSHIP ,as Principal.
and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State
of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto
THE CITY OF CAMPBELL
as Obl1ee, in the sum of
($ 3 ,000.00 ) Dollars, for which payment, well and truly to be made, we bind oun.elves, our heirs, executors and
successors, jointly and severally firmly by these presents.
THIRTY SEVEN THOUSAND ~~ NO/IOO'S-------
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the
CITY OF CAMPBELL
as Obligee for the illDJxCll'X:lDCHsm::mc
mbB~lIliJtalkalsl(x~X\ltilpdlm. DEFERRED STREET IMPROVEMENTS - 49 SHELLY AVENUE, as required
by the Government Code of California.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his
subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said
agreement or agreements, the Surety on this bond will pay the same. in an amount not exceeding the sum specified in this bond.
This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of
California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting
equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the
Surety. . --....-/
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at
SAN JOSE
California, this
9TH
day of
AUGUST
95
,19_.
~PRINCIPAL"
~SURETY"
THE E AND H FIRST FAMILY LIMITED PARTNERSHIP
DEVELOPERS INSURANCE COMPANY
By: C :; C C--....----
EMILY CHEN, GENERAL PARTNER
t71
l
17780 Fitch
Irvine, CA 92714
(714) 263-3300
Attorney-in-Fact
FORM 01 I12 (Rev. 5/92)
CALIFORNIA ALL.PURPO, J. ACKNOWLEDGMENT
CALIFORNIA
State of
SANTA CLARA
County of
AUGUST 9, 1995
before me,
JEAN L NED, NOTARY PUBUC
On
Date
Name and Title of Officer (e.g.. 'Jane Doe, Notary Publicl
JODY A JOHNSON
personally appeared
Name(s) of Signer(s)
rn personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
~YWY____._W_______y~_~~._,_~___~
;=; ..' ::~. JEAN L. NEU 'S
~h' .~ COMM. #1010868 (J')
..t:: ..~ NOTARY PUSLlG,C.\UFORNIA s:
en SANTA CLMiA COUNTY 0
~ " My Comm. Expires Dec. 5,1997 ....
~~A~A.&..A&&_~&~4AA_~~~~~~~~~6~~
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian- or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
~ 1994 Nationai Notary Association. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Call TolI.Free 1-800-876-6827
POWER OF ATTORNEY OF
h EMNITY COMPANY OF CALlF~. .4IA
AND DEVELOPERS INSURANCE COMPANY
N~ 223922
P.O. BOX 19725, IRVINE, CA 92713 . (714) 263-3300
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1996.
2. This Power of Attorney is void If altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the text is In brown ink, the signatures are in blue ink and this notice is In red ink.
4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS. that. except as expressly limited. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly. hereby make, constitute and appoint ***PIERRE LE COMPTE, JODY A. JOHNSON, RICHARD SVEC, JOINTLY OR
SEVERALL Y***
the true and lawful Attorney(s)-In-Fact, to make. execute, deliver and acknowledge. for and on behalf of each of said corporations as sureties. bonds, undertakings and contracts of
suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full
power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do. but reserving to each of
said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed.
The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship:
Bank depository bonds. mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds. bonds on financial institutions, lease
bonds, insurance company qualifying bonds, self-insurer's bonds, fidelity bonds or bail bonds.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY
COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the c,orporation be, and that each of them hereby is, authorized to execute Powers of Attorney,
qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis-
tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of
Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or
contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec-
tive Presidents and attested by their respective Secretaries this 1st day of April, 1993.
INDEMNITY COMPANY OF CALIFORNIA
By
DEVELOPERS INSURANCE COMPANY
By
NdvW
NdvW
ATTEST
ATTEST
By
By
Walter Crowell
Secretary
Walter Crowell
Secretary
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
On July 15, 19M, before me, the undersigned, a Notary Public in and for said State, personally appeared Dante F. Vincenti, Jr. and Walter A. Crowell, per-
sonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on
behalf of Indemnity Company of California and as President and Secretary of Developers Insurance Company, the Corporations therein named, and acknowledged
to me that the corporations executed it.
WITNESS my hand and official seal.
(( ~{b
Notary Public
CERTIFICATE
OFFICIAL SEAL
J. ALVARADO
COMM. #1023169
NOTARY PUBUC - CAUFORNIA
ORANGE COUNTY
My Commission Exp. Apr. 17, 1998
Signature
The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby
certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective
Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine. California, this 9th day of August ,199~.
INDEMNITY COMPANY OF CALIFORNIA
By
~~~0
LC. Fiebiger
Senior Vice President
DEVELOPERS INSURANCE COMPANY
By
~ c:: ~0
LC. Fiebiger
Senior Vice President
ID-310 REV. 1/95
~' Of C4-'1p
('; ,~.,
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, ,,"
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8("{ \:~
1 C p..,\.<'I
CITY OF CAMPBELL
MEMORANDUM
To:
Frank Cauthorn, Building Official
Date:
November 1, 1996
From: Cruz S. Gomez, Assistant Engineer ~~
Subject: PM 95-05, 1630 and 1680 White Oaks Road, 49 and 53 Shelley Avenue
----------------------------------------------------------
Attached are two copies of the grading and drainage plans
reviewed by the Public Works Department for your use.
The Public Works Department has no objection to the issuance
of the house move-on and/or building permit for 53 Shelley
Avenue, "S" 96-10.
Home occupancy permits will not be released by Public Works
until all public improvements are constructed and accepted
by this department.
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CITY OF CAMPBELL
Public Works Department
August 30, 1996
Ms. Emily Chen
10190 Bret Avenue
Cupertino, CA 95014
Re: 1630 White Oaks and 49 Shelley Avenue, PM 95-05
APN 414-38-066 and 414-38-067
Dear Ms. Chen:
This letter is in response to your letter dated August 19, 1996, which we received August 27,
1996.
In the second paragraph of your letter, you state that you will be requesting occupancy for the
two properties fronting on White Oaks Road as soon as the White Oaks Road driveways are
satisfactorily completed. The City will not be able to honor your request. The conditions of
approval are very clear and very specific, and they state that completion of all work is required
prior to occupancy of any structure. The Public Works Department cannot accept any portion
of the work until all of the work is completed. All four lots are one unit development and all
work will be inspected and accepted as one unit. The City cannot accept a portion of the work
and thereby assume its liability.
You may request an extension of time to complete the work by writing to Michelle Quinney,
City Engineer. There are no fees for an extension of time.
Please call us at your convenience at (408)866-2163 if you have any questions or comments.
Very truly yours,
Cruz S. G ez
Assistant ngineer
cc: AId R. Irani, Planning
Harold Housley
File: 1630 White Oaks/49Shelley
h:chen2.1tr(mp)
70 North First Street. Campbell, California 95008.14:3 . rEI. 408.866.2150 . FAX 408.379.2572 . TDD 408.866.2790
?~~~~::-? ? ~,.. -:;-. ': ~'~ ~./..!;
Emily Chen
10190 Bret Avenue
Cupertino, CA 95014
RECF.IVED
AUG 27 1996
August 19, 1996
City of Campbell
Department of Public Works
70 North First Street
Campbell, California 95008-1423
ADMINISlk/(~ Ii,.,
Attention: Cruz S. Gomez
Re: 1630 White Oaks and 49 Shelley Avenue, PM 95-05
APN: 414-38-066 and 414-38-067
Dear Mr. Gomez;
I am in receipt of your letter dated August 15, 1996 in which you state that all required
on-site and off-site construction must be completed prior to occupancy of any structure
and that construction of improvements must be completed within eighteen months of
approval dating from April 25, 1995.
We have completed the undergrounding of utilities for the subject project, extended all
services to the individual lots and have paid all development fees. We anticipate
approval of the Street Improvement Plans to be soon forthcoming, hopefully,
sometime this week. There are minor driveway installations and sidewalk repairs to
be completed along the White Oaks frontage, which can be completed very soon after
issuance of the encroachment permit. Therefore, we will be respectfully requesting
that occupancy of the two developed properties fronting on White Oaks Road be
permitted upon satisfactory completion of those ctiveways.
It is understood that occupancy of the properties fronting on Shelley Avenue will not
be granted until completion of the required street improvements. Upon receipt of the
Encroachment Permit we will also be expediting completion of the roadway
improvements required for Shelley Avenue and hope that we will be finished by the
September 25, 1996 completion date. If it appears that we might go beyond that date
we will apply for an extension as you suggest. However, it is our desire to complete
the required work as quickly as possible in order to obtain occupancy for the dwelling
on Lot One and beat the rainy season as well.
Please advise us the amount of fee, if any, required for an extension of time
application. Thank you for your help in expediting the plan review process and also
bringing this critical schedule to our attention.
Sincerely,
:., ~:, C~
Emily Chen, General Partner
f1'!G Lfq 5'h.eJle \,/
fM q("-D~
MEMORANDUM
CITY OF CAMPBELL
To:
From:
Subject:
Michelle Quinney
City Engineer
Aki R. Irani, Planner I {j;I;.a .
Date:
August 29, 1996
Response to the letter submitted by Emily Chen on August 27, 1996
The Community Development Department has reviewed the letter submitted by Emily Chen
received on August 27, 1996 requesting that occupancy permits be released for 49 Shelley
Avenue and 1630 White Oaks Road upon satisfactory completion of the driveways. Upon
reviewing the conditions of approval for the Parcel Map (PM 95-05), the Community
Development Department is not supportive of this request to allow occupancy of structures
on White Oaks Road prior to the completion of the parcel map conditions which include on-
site and off-site improvements for both White Oaks Road and Shelley Avenue. Condition no.
23 states that construction of all required off-site and on-site improvements must be
completed prior to occupancy of any structure.
Should you have any questions, please do not hesitate to contact me at x2142. Thank you!
cc: Darryl Jones, Senior Planner
Frank Cauthorn, Building Official
Harold Housley, Land Development Engineer
Cruz Gomez, Assistant Engineer
Emily Chen
10190 Bret Avenue
Cupertino, CA 95014
~ECII;"Y~O
AUG 2 7 1996
August 19, 1996
City of Campbell
Department of Public Works
70 North First Street
Ca mpbell, Californi a 95008-1423
~Di>Jllf\jS'Ii<._, ',_
Attention: Cruz S. Gomez
Re: 1630 White Oaks and 49 Shelley Avenue, PM 95-05
APN: 414-38-066 and 414-38-067
Dear Mr. Gomez;
I am in receipt of your letter dated August 15, 1996 in which you state that all required
on-site and off-site construction must be completed prior to occupancy of any structure
and that construction of improvements must be completed within eighteen months of
approval dating from April 25, 1995.
--
We have completed the undergrounding of utilities for the subject project, extended all
services to the individual lots and have paid all development fees. We anticipate
approval of the Street I mprovement Plans to be soon forthcoming, hopefully,
sometime this week. There are minor driveway installations and sidewalk repairs to
be completed along the White Oaks frontage, which can be completed very soon after
issuance of the encroachment permit. Therefore, we will be respectfully requesting
that occupancy of the two developed properties fronting on White Oaks Road be
permitted upon satisfactory completion of those aiveways.
---- -
It is understood that occupancy of the properties fronting on Shelley Avenue will not
be granted until completion of the required street improvements. Upon receipt of the
Encroachment Permit we will also be expediting completion of the roadway
improvements required for Shelley Avenue and hope that we will be finished by the
September 25, 1996 completion date. If it appears that we might go beyond that date
we will apply for an extension as you suggest. However, it is our desire to complete
the required work as quickly as possible in order to obtain occupancy for the dwelling
on Lot One and beat the rainy season as well.
Please advise us the amount of fee, if any, required for an extension of time
application. Thank you for your help in expediting the plan review process and also
bringing this critical schedule to our attention.
Sincerely,
~. :~ G~
Emily Chen, General Partner
.Of'CA.1t~
~ , ~
I... ~
... !'"
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1- -......... .~.. "
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(.J.tc H ,t.ll'O ....
CITY OF CAMPBELL
Public Works Department
August 15, 1996
Ms. Emily Chen
10190 Bret Avenue
Cupertino, CA 95014
Re: 1630 White Oaks and 49 Shelley Avenue, PM 95-05
APN: 414-38-066 and 414-38-067
Dear Ms. Chen:
Please refer to our attached letter to you dated April 25, 1995, which outlines the conditions of
approval of the development of the above properties.
In particular, we wish to bring to your attention Page 4, Item 23, "Completion Prior to
Occupancy." That section requires complete construction of all required off-site and on-site
improvements, as therein mentioned, prior to occupancy of any structure, and that the
construction of such improvements be completed within eighteen months from the formal
approval by the City. It is our understanding that April 25, 1995, was the date of the formal
approval by the City and that all improvements must be completed by September 25, 1996.
We are currently reviewing your on-site grading and drainage plans and your off-site plans
which were submitted July 26, and August 9, 1996. If you cannot meet the September 25,
1996, construction completion date, you will have to apply by letter to the City Engineer,
Michelle Quinney, for an extension of time.
Very truly yours,
/1" .i ~ .It,,,ll -.-,,,~?
( !/ '" /f.~'l:' '." 'i2/I"/ .....-r~,
C~ s~too~e~ c !
Assistant Engineer
cc: Files: 1630 White Oaks/49 Shelley
h:\chen.1tr(mp)
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.379.2572 . TDD 408.866.2790
NEW PW FAX #
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CITY OF CAMPBELL
Community Development Department. Current Planning
Apri12S,1995
Ms. Emily Chen
10190 Bret Avenue
Cupertino, CA 95~~
,..t7#~z?~
Re: 1630 White Oaks &: 49 Shelley Avenue
APN: 414-3lHl66, 067
Dear Ms. Chen:
Please be advised that the Community Development Director and the City Engineer
have approved the referenced Tentative Parcel Map based upon the mandatory
findings that this Tentative Parcel Map, together with the provisions for its design
and improvement, is consistent with the General Plan of the City of Campbell.
The Parcel Map shall be filed with the Cty 2ngineer for examination, approval and
recqrdation in accordance with the provisions of the Subdivision Map Act. This
)1' 'roval is subject to the following Conditions of Approval:
1.1 0 fm:k Fee (~visionl: Pay a fee in lieu of dedicating lands for parks in the
.7 t' amount of $32. 970 (75% of $43,960) for four Jots. A aedit shall be given for
any demonstrated legal lots of record in accordance with Chapter 20.24 of the
Campbell Municipal Code prior to ~tiOii'Pf the Parcel Map. The
/. applicant is hereby advised that a P8ixImpacfFee of $10,990 per residential
L unit is required at the time of building final. Applicable aedils may apply.
! V(2,; (; Park Fee (Developmentl: The applicant is hereby notified lI1a~ a Park Impact
. C/ ~~ Fee of $10,990 per residential unit is required ~t the. lime ~~
{ /f. Ii' Credits shall be applied for legally existing resIdential wuts anCf1ees
'-,./ 'I cpreviouSlyPaid at the time of subdivision.
I
3. Tree Invento~: Submit a tree inventory and tree protection/preservation
plan for review and approval by the Community Development Director prior
to recording Parcel Map.
j"jJl, ~1.\.~ Constructed Street 1mpro~ements: Applicant shall pay the ~ount of .
J. . "'1 ~ $23,335 for street lXlnstruction of APN: 414-38-066 and APN: 414-38-067, m
\ accordance with letter of agreement for Cty Projects Number 85-8.
70 North First Street. Campbell. California 95008.1423 . rtL 408.866.:2140 . F~X 408.379.:!ST:! . TOO 408.866.:!790
Ms. Emily Chen _ /
PM 95-05 -1630 White Oaks Road & 49 Srtelley Avenue
Page 2
, r-~\
/ 5.' ptreets and ~ate<Um.provements:
J) ! A. Provide right-of-way dedicabn for a 30 foot !taU street on Shelley
. !_, Avenue and White O~ Road.
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Install curbs and gutters and widen pavement to be compatible with an
existing improvement on the north side of Shelley A venue, east of the
project site.
Install sidewalks on Shelley Avenue and White Oaks Road to comply
with City standards. New sidewalks will be required where existing
sidewalks are substandard.
Install a structural section on Shelley Avenue' based on soil tests and
traffic indexes. Traffic index;s will be provided by the City Traffic
Engineer.
Install asphalt amcrete overlay of 1 1/2 inch over the southerly half of
Shelley Avenue along the project frontage. Install asphalt concrete
overlay on White Oaks as required by the City Engineer.
Install street lights to meet Oty requirements. Preliminary evaluation
indicates ~J>>'$ffeerli~ be required on Shelley Avenue.
(Yj 6! J Grading and Draln~ P1":- Provide grading and drainage plans. Easements
~. / for grading and drainage shall be shown on the Parcel Map and offered for
~ dedication, as appropriate.
7./0 Stonn Water Desil:Il' Provide storm drain improvement plans for 10 year
l .1 storm frequency.
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Landscape Improvements: Provide trees and landscape improvements in
the public right-of-way in accordance with the City's Standard Specifications
and Details for Public Works Construction.
!l (~
r-
Ms. Emily Chen
PM 95-05 -1630 White Oaks Road & 49 Shelley . Avenue
Page 3
Landscape Maintenance: Applicant shall record a deed restriction in a fonn
acceptable to the City, notifying future property owners of the parcels abutting
the project perimeter, that per Chapter 11.0-8.150 of the Campbell Munidpal
Code, owners of private property shall be responsible for the maintenance of
street trees and shrubs in the parkway abutting such private property.
/~
.r:12"~' Sewer~: Install a sanitary sewerage system to serve a11lots in conformance
Y with the requirements of the West Valley Sanitation District.
/ Water Servi~ InstaII a water distribution system to serve alllols in
conformance with the requirements of the San Jose Water Company.
/""
Fire Hydran~: Provide fire hydrants and appurtenances at the locations
specified by the FIre Marshall of the Central FIre District.
Record MaR: Submit a Fmal Parcel Map for review and approval by the City
Engineer.
,0 16. Utiliti~: Cause all electrical, telephone and CATV facilities to be installed
underground, in accordance with the provisions of Chapter 20.36.150 of the
Municipal CO~rior to occupancy. The power pole on the southeast comer
of the par~\JIlaYJlave to be relocated due to interference with street
improvementS': --
Utilitv Construction Coordination in the Public Ri&ht-of-Way: Applicant
shall submit a Utility Coordination PIan for approval by the City Engineer, for
installation of electrical, telephone and Cable Television improvements to
minimize damage to City streets, sidewalks and related facilities.
Title Report: Furnish a copy of a current Preliminary Title Report.
Stonn' Drain Area Fee: Pay the then current storm drainage area fee prior to
recording of the Parcel Map. (Current amount is $1,875 per acre).
Buildin~ Removal: All existing buildings must be removed prior to
recording Parcel Map.
2il, Encroachment Permit: Obtain an encroachment pennit. pay fees and
) deposits for all work in the public right-of-way.
-
Ms. Emily Chen
PM 95-05 -1630 White Oaks Road & 49 Shelley Avenue
Page 4
Registered Civil Engineer ILand Surveyor: Plans, specifications, calculations
and designs for street improvements, grading and drainage improvements
and the Record Map shall be prepared by a Civil Engineer or Land Surveyor,
as appropriate, licensed in the State of California and submitted to the City
Engineer for approval.
Completion Prior to Occupancy: Complete construction of all required off-
site and on-site improvements, including but not limited to landscaping,
sewer, water, curb and gutters, paving, drainage facilities and other required
improvements prior to occupancy of any structure and/or the subdivider
shall enter into an agreement, acceptable to the City, insuring the
construction of such improvements within eighteen months of formal
approval by the City.
S~curitx: Provide guarantees for all public improvements by cash, bonds,
letters of aedit or other legal instruments, acceptable to the City Engineer.
Asreement. Complete and execute, to the satisfaction of the City Attorney
and Cty Engineer, the CIty of CampbelI's Slan~t for .
Z::!i~?E:~~~b~ :~~?AllO'<<-
improvements shall conform to the requirements of the American Disabiiity
Act and the California Disability Access Regulations, whichever applies.
~ Bav Area Air all Mana emen! District Re irements: Implement the
following mitigation measures:
--------/
----A. Water all exposed or disturbed soil surfaces, as necessary to control
dust, but not less than twice daily.
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"e; Water or cover stock piles of soil debris, sand and other dust producing __
materials.
.-.-,.
?-----Sweep construction area and surrounding streets daily. _
Ms. Emily Chen ,
PM 9S-OS -1630 White Oaks Road & 49 Shelley Avenue
Page 5
...--........'
~ Standard Specifications & Details: Comply with the Oty of CampbeII
z.- Standard Specifications and Details for Public Works Construction.
//
~ubdivisjon and Land Development: Comply with TItle 20 of the Municipal
,,~ C9de concerning Subdivision and Land Development.
./
./
./
~ Streets and Sidewalks: Comply with Title 11 of the Municipal Code
concerning Streets and Sidewalks.
This approval is valid for 24 months from the date of approval. H you should have
any questions regarding the above information, you may CXlntact Gloria Sciara,
Planner I, at (408) 866-2140, or Harold Housley, Land Development Engineer, at (408)
866-2150.
Sincerely)
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Steve Piasecki
Community Development Director
/~~~
Robert M. Harary, P.E.
City Engineer
RECEIYED
SEP 0 3 1995
NATIONS TITLE INSURANCE COMPANY
Public WorbJEngineering
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1731 Technology Drive, Suite 100 · San Jose, CA 95110
Phone (408) 451-8000. Fax (408) 451-9610
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INSURED
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MCOIlOlNO MOUEST[D BY
SANTA CLARA LANa
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OFFICI:' t r. C:CORDS
S A NJ~ Eff7i~T?6'!S~V'1 T Y
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12769i83
Fll~O fOR RECORD
I, T REaUES T OF
NiIO WH(N RECOflOEO loWl. THIS DEED ANa. UNlESS
<mERWlSE SHOwN IlEl.CMlloWl. TAX STATEMENT TO:
- HO~t30 Chl!n
_ Eai ly Chl!n
M> - 10190 Bret Ave
~. CUDt!rtino, CA 95014
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LC99272-tr:
S""CE AIlOIIE THIS lINE FOR RECORDeR'S USE
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GRANT DEED
THE UNDERSIGNED GRANToR(s) DECLARE(s) Documentary 'lransler Taxis S 165 ,00
CIIy 01 ~~ X 0 computed on run value 01 Inlerest Of properly COIIYIlyed. Of
ConveyanQlIlu Is s " "'}.: 0 run value less valua ot II"", Of ancumbrances mma!nlng at
Parcel No. \ 414-38-o6l - - "me 01 saJe
FOR A VALU~AATIO~. receipt 01 which Is hamby acknowledged.
.JULIE ANN SCHERR, TRUSTEE OF THE JULIE lINN SCHERR LIVIN:; TRVsr,
dated June 17, 1994
hereby GRANT(S) to V
HOHGTAO CHEll AND DULY CHEN, HUSBMfD AND WIFE,
AS CXHIJNrry ProPERlY
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lhe IolIowlng described rea! property In lhe CMfI>BELL
CClUnIy 01 SANTA CLARA . stala 01 Calilornla:
SEE 100tIBIT "A" A1TACIfED IfERETO AND HADE A PART HEREIlIm
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Daled JAlfUARY 6, 1995
STATE OF CALJF
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P-onaIly "'-1&",. (Of ptOYed to me on)hf t.asis 01 satisfactory
evidence) to be the person(s) whose nama(sWa~bed 10 'ha
withIn Inslrum~cltnowJedged 10 me !hal h~hey ex~
!he same In hi , ., authorized capacity(ies) and thaI by hi e,
Ihel, slgnalu,a(s on !he InsJn.omenl!he pe'son(s). 0' the enlity Ii n
behaK 0' which !he person(s) ec1ed. executed tha InSlrument.
WITNESS y ha and
Slgnalu
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@'-"C'l.I<ENNEDY
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. ." . SANTAClAAACOUNIY
. My Comm. ExpI,... NOV 28. 1991
(TNo -.._ __ Mol)
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOV!!
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LEGAL DESCRIPTION:
~WtQi~ ~'cA'~
LG 99272
All that real property situate in the City of Campbell, County of Santa Clara,
State of California, described as follows:
Beginning at a point in the center line of White Oak Road which bears N. 0
deg; 30' ~. 403.42 feet from the Southwest corner of that certain 12 acre
tract of land conveyed by Swanson to Jamison, et ai, as recorded in Volume 499
of Official Records, at page 209, Records of Santa Clara County, California
and running thence along that center line of White Oak Road N, 0 deg. 30' ~.
141.52 feet to a I" iron pipe; N. 89 deg. ]6' E. 170.88 feet to a 2" x ]"
stake; thence S. 0 deg, ]0' E. \1<1.52 feet; thence S. 89 deg. 36' ~. 170.88
feet to the place of beginning containing 0.555 acres and being a part of said
12 aCres of land conveyed to Jamison. et ai, situated in Section 2, T. 8 S. R.
I W. M.D.B. ~ M., Santa Clara County, California.
Except therefrom that certain parcel of land conveyed to Larry J. Ciraulo and
Marie Ciraulo by deed dated February 21. 1968 and recorded February 21, 1968,
as Instrument Number J]72385. in Book 80]3 of Official Records, at page 285,
Santa Clara County Records.
Also except therefrom that certain parcel of land covneyed to the City of
Campbell by deed dated July 2, 1986 and recorded August 4, 1986 as Instrument
Number 8887349 in Book J 792 of Official Records. at page 5, Santa tIara
County Records.
ARB No, 41)-25-21
;<
:~~, GRANT om> lI..l rJ
: U.I. ,.,. ~n'l Joint Tenanoy ,,\.
~ CA~~~U U, Walters aod Elizabeth Walter9, husband and wife, tha first parties, herehy
,.........--- . :grant to SalTatore J. Ciraulo and ""g11Illn. CIraulo, husbanel anel wIfe. as Joint tenants,
. ,the second partin, .aU..that real property situated in the County of CountJ.: .!!!. Sonta
C~~~, State of CalIfornIa, e1escribeel es followe:
, BegInning at a point in the center line of White Oak Roael anel dl.tant thereon
N. O. 30' W. 2&1.89 feat from tte eouthwest corner of thot certain 12 acre tract of
land conTeyed by Swenson to Jamison et al as reoorel~e1 In Volume 499 or Otticlal Records,
.at poga 209, Santa Clara Coonty R!oords; running thence along the center line of
,WhIte Oak Roed R. O' 30' w. 141.53 tect; thence leaving said center line anel runnIng
N. 89" 36' E. l70.ee teet; thence S. 0" 30' E. and parallel with .ald center line or
White Oak Road 141.53 teet to tile center ltne ot a forty toot road; thence a1ool! salel
oenter line S. 89" 36' W. 170.88 teet to the point ot beglnnIn~. end oontalnln~
0.555 aores ot land and being a part ot eald 12 aore traot of lanel oonveyeel to Jnmison
'et al eltuated In Seotion 2, T 8 S. R. 1 W. M. C. B. & M. Santa Clara County,
CalHornla.
I Together wltb a right ot way for ingress
.tee' wide, being the weaterly extenelon of Shelley
I ReserT!ng from the hereinabove described
Way over all that portion thereot thet llee wltbIn
'exteneIon.
I IN WITNESS WHEREOF. the Mid r lrst parties have exeouted this conveyanoe
21at day of October 1937.
I
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tbe aalel Instrument, and tbeyaoknowledged to me.tbat they executed tbe .ame~ ar.d
as trustees, as tbereln eet tor~b.
IN WITh~ WKlRI07. I have herounto set my band and atfixed my ottlol.l seel
at my ottloe In said County of Sent. Clara. the day and year In tbl. certltlcate
tlret above wrItten.
(NOTARIAL SlULI Helr.a Swanson, Notary Public ID !lnd for ttll
County ot Santa Clara. State of California
FILING NO. 1168411
FIle4 for record at the request ot San Jose Abatract anel Title Insuraaoe Co.
Oct 22 1937 at 24 mln past 3 o'olook P. M.
I CHARLES A. PAYNE RECORDF.R
. Fee 1.20 &f _~ ~.-~~". J. H. ThOllllls ,/. Deputy Reoorder
I COIIlpar.d 000 u--. ~::;;1._ . /....., . r~ Compared Book (f)tr~t.v. h. .
I !BEBEBEBEB!B!BJmEBEBEBEBEB.P:B!.1ltBl:~BEB!JlEBEm;BEBEB!atBil6i~~BEBh~~~BEBEm:BEBEBE BEBUl
"'"t"'"'"'"'"'"'"'"'.'.'~'"'"'"'"'"'"'"'"t"'"'"'"'"'"'",.,.,",",",.,",",",.,.,",.,.,.,.
L\ \ L\ - 3 ~ ~ OLb
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and egress over a strip ot land forty
A'Yf!nue.
STAT! or CALIFORNIA I
f;::fi..:~: '. 'cotlllTY 07 SANTA CLARA Iss
~> ...J 11;,' .,. I
~i.',::,".~,~. \;~';~ ,County, persoDalIy appeared B. Waltera and Elbaheth Walters, bueband and wire, leno,",
; \... ,to - to be the persons whoee names are subscribed to the foregolno IDstrl.llllent and
aOMowledged that they exeouted the eame. .
I WIT:'fESS IIl7 han4 an4 otUolal eeal.
I (NOTARIAL SlULI T. C. Ed_rda. Notary Publlo 1D aDd for tbe
CountY'ot Santa Clara, ~tate or California
rILING NO. 1111847
111e4 for record .t the request of San Jose Abstract and Title Insurance Co.
Oct 22 1937 at 2~ .In past 3 o'clock P. u.
! CH.4.RLES A. PAYN! .RZCORDER
, !e. 1.00 u~. . (~ =-::::.. J. H. Thom... '. ... . Deputy Reoorder
}.:""'. ... Ccapare4 000 ~~ 3Cmpared Book (in/!'! Jt /7
'- ;f.;~i" .. lBmlDlBEBlDEB BEIl!IDlBEm;B~~jf,::m;B!B!B!B!BEB!BEIl!Di'JHinil.lE~'kBiB~B]I;m;DElJ]I;!ll:DEnEnlJJ
ii,'~~~'j"~"'~'"~"':::'::"~:::::::':::',:::::::"~:~::::":::":::::':::":::::':::::::'::::::'::::.
~ ~~,o lack Bunnell an4 Belen Bunnall, bis wite, the second parties all that real property
it\f' ~~~ situate4 in tb. County of ~anta Clara, State or Calirornla. and bounded an4 deacrlbeel
;~~;.~ ,~.~ .a tollowa:
r(c~.":':.. I Lot ,,_bered II In Blook nUlllbered 5, First Addition In Mont. Viata.... the
.1\-<''-':' ..: eatd 10' and blook an laid out and dellneate4 upon that oertaln It.IIp entitled "lIap
.~':";,:'j:),-,.':f.:ot..tbelirat. Mdi tlon, Monta Vlata" whtoh sald IIll!p _n r<!corded In the offloe\ or the
(':-l..,.,')"'+<t4if. O. OUllt,. Reoorder ot Santa Claral_, CallforDla, Aprll 11th, 1917 1ft Buok "P" of !I.apa,
;1'.., ,. ',."ll " .
i:"'~~ .,,~:.~ r.:at pase 23. .
....~.V 't t II.'.':". , . IIf WITNESS "HXRJ:OF, the ea Id Uret patties ha"e executed thh oonTeyanoe thh
~'f;....,
:~.; ;:.1:.!lthdllJ"o~ Ootobar 1937.
! 1\ .'~~\'~;J'(; '..
'. ',1
0.555 aore tract or land. a right ot
the bOunds ot Shelley Avenue
II. Walt"u
Elizabeth Wftltern
On this 2lnt day or Ootober 1937 before me,
T. C. Edwarda, a Ifotary Public In and tor aald
Sol S. Coldberg
Gertrude Goldberg
CIA 1
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CITY OF CAMPBELL
Public Works Department
September 26, 1995
Sid Nash, Consultant
N.C.S.S. & Associates
125 E. Sunny oaks Avenue #105
Campbell, CA 95008-6639
Re: 49 Shelley Avenue - Parcel Map
Dear Mr. Nash:
When property comers are set for the property at the northeast comer of Shelley and
Whiteoaks Avenues, a comer record will be required. This is necessary in accordance with
Title 16, Chapter 5, Article 464(C), of the City Administrative Code since parcel map was
compiled from record data.
Also, please provide the City with a recorded mylar copy of the parcel map as discussed.
Sincerely,
cc: Cruz S. Gomez, Assistant Engineer
h: shelley.pm(mw)6.0
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.379.2572 . TOD 408.866.2790
NEW PW FAX #
408-376-0958
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RECEIVED
SEP 221995
September 19, 1995
puJUC W 0;':' I\.':"
ADMINISTRATION
Mr. Harold Housley, R.c.E.
City of Campbell
70 North First Street
Campbell, CA 95008-1423
Subject:
Parcel Map 95-05
Dear Mr. Housley:
Recently, Berryman & Henigar (B&H) reviewed and approved Parcel Map 95-05 for recordation.
During the mapchecking process, B&H assisted NCSS & Associates in the preparation of the
Parcel Map. At the urgent requests of Mr. Sid Nash, NCSS & Associates, and Ms. Emily Chen,
Vestee of the Parcel Map property, B&H researched the underlying deeds and maps to determine
boundary location. Information was provided to Mr. Nash to clarify his decision making. This
assistance expanded the responsibilities and nature ofB&H's involvement. Please be advised that
B&H will discourage this type of assistance in the future. Furthermore, B&H requests an
additional sum of $810.00 for ten hours of extra time beyond the third mapcheck. B&H realizes
the change in standards and is not requesting fees for total time involved.
Since Parcel Map 95-05 was compiled from record documents and a survey of the boundary has
yet to be performed, a corner record is required for boundary monumentation. Please refer to the
attached State of California Administrative Code, Title 16, Chapter 5, Article 464 (e).
It is a pleasure working with you and the City of Campbell. Please call if you have any questions.
Sincerely,
(rrv~
ML/beg
corresp/fieldser/pm9 5-0 5 .1111
CITY/-c5~F CAMP LL
PJdBLlC WORM:
~CCT # 13-.) 30
~
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te I:
fax: 714-836-59~f
2001 East First Street · Santa Ana, CA 92705
An Equal OpportunitY' Em,oloyer
FPQM : NCSS & ASSOC.
PHONE NO. : 408 376 0877
Aug. 24 1995 11:40AM Pi
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NASH CONTRACT SUPPORT SERVICES
12S E. SUNNVOAKS AVENUE "10&
CAMPBELL. CALIFORNIA 95008
FROM ~lO U~~
TO ~ ~t1ET..$
SUBJECT e-n. ~JIE:z,.j
(408) 376 - 08n FAX 37&- 0877
DATE___!!./-Z+/~~
JOB NAME ~/~ ( ~
JOB NUMBER 14-130
1~~~
TRANSMITTED HEREWITH VIA: [1 MAIL (1 COURIER [] SEPARATE COVER
bfEAX (~COPIES INCL. THIS COpy)
NO. DESCRIPTION
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FOR YOUR: I J USE ~ILES I ]DISTRIBUTION (]REVIEW (JAPPROVAL
CC: ~ &'/ (lAH'tfBru-
F~OM NCSS & ~SSOC.
PHONE NO.
408 375 0877
~ug. 24 1995 11:40~M P2
I.
San Jose
Water
Company
374 West Santa Cia1a 5t
San Jose, CA 95196-0001
408 279.1808
Fax 408 279.7934
August 21, 1995
city of Campbell
Engineering Department
70 North First Street
Campbell, CA 95008
REFERENCE:
4 Lot subdivision
APN 414-38-066 & 067
Gentlemen:
This letter is being written at the request of Kenneth
Nelson, Registered Civil Engineer, on behalf of his client.
Please be informed that upon review of the final tract
map for this subdivision, San Jose Water Company will have
no objection to the recordation. We do not anticipate any
conflicts occurring between any eJ{isting water line
easements or rights and those resulting from the creation of
this subdivision.
If you have any questions or require further
information, please contact this office at (408) 279-7874.
Sincerely,
OftIfItNAL StQNED 8Y
James R. Bariteau
New Business Department
JRB:
Nelson. doc
cc: Sid Nash
Kenneeh Nelson RCE
FROM : NeSS 8. ASSOC.
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CITY OF CAMPBELL
Public Works Department
August 18, 1995
Craig Thompson
Nations Title Insurance Company
1731 Technology Drive, Suite 100
San Jose, CA 95110
Subject:
49 Shelley, 1630 White Oaks Road, Local Improvement Bond Obligation,
Chen Parcel Map, APN 414-38-067, 066
Dear Mr. Thompson:
Enclosed is our Local Improvement Bond Obligations review letter as per your fax dated
August 18, 1995.
Very truly yours,
Cruz S omez ~
Assistant Engineer
Enclosure
h:thompson(mw)6.0
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.379.2572 . TDD 408.866.2790
NEW PW FAX:jf
408-376-0958
Cl'lY OF CAMPBELL
PUBUC WORKS REVIEW
LOCAL IMPROVEMENT
BOND OBUGATION
Date "~.::)(:g. \B, \.q,q~
'IR/PCL MAP NO. ~~
APN +\.A--~~- ~\\ C:>foCo
IMP DIST NO._NOk:l E
Public Works review for lDcal Improvement Bond Obligations on subject lands has
found:
~ No bond obligations are or will become due within the next fiscal year.
o Bond Obligations are or will become due within the next fiscal year.
o On
County
an assessment schedule was submitted to the
o An assessment schedule is enclosed
o Applicant shall prepare an assessment (or amended) diagram. Submit same for
Public Works approval and preparation of assessment schedule.
~~
ASSISTANT ENGINEER
Title
Public Works
Department
70 N. First Street
Address
~ampbell.~ 95008
(408)866-2150
Telephone Number
Aug. 18. 1995 10: lOAM NATIONS TITLE CO WP
No. 5602 P. 2/5
NATIONS TITLE INSURANCE COMPANY
1731 Technology Drive, Suite 100 . San Jose, CA 95110
Phone (408) 451.8000. Fax (408)~
451-9917
TO: THE CITY OF CAMPBELL PUBLIC WORKS DEPT
ATT: C~UZ GOMEZ
RE: APN 414-38-67 & 414-38-66 PARCEL MAP
OWNER: E & H THIRD FAMILY LIMITED PARTNERSHIP
DEAR MR. GOMEZ
PLEASE PROVIDE ME WITH A BOND CLEA~ANCE LETTER
FOR THE ABOVE REFERENCED PARCEL NUMBERS. IF POSSIBLE COULD YOU
FAX THE LETTER TO MY ATTENTION UPON COMPLETION. ATTACHED IS A
COPY OF THE NEW MAP AND THE CUR~NT TAX MAP FOR YOUR REFERENCE.
IF YOU HAVE ANY PROBLEMS PLEASE CALL ME AT THE NUMBER ABOVE.
THANK YOU IN ADVANCE FOR YOUR ASSISTANCE.
CHIEF TITLE OFFICER
00l.SJ
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F
CITY OF CAMPBELL
Public Works Department
August 11, 1995
(:~/;;:; I- Vlt'C.
.~ d [>1/:)
Tom Kerby, P.E.
Berryman and Henigar
11590 W. Bernardo Court, Suite 100
San Diego, CA 92127
RE: 49 Shelley Avenue Parcel Map
Dear Mr. Kerby:
In accordance with our discussion today, 8/11/95, and related agreement, the following plans
are enclosed for plan checking purposes:
1. One copy of Approved Tentative Parcel Map
2. Two copies of the Parcel Map
3. One copy of Conditions of Approval for PM95-05
4. Miscellaneous Assessors Maps
5. One set Closure Calculations
6. One copy of Preliminary Title Report dated 6/13/95
7. One copy of a Grant Deed (Instrument No. 8887349)
Please work with the project consultant, Sid Nash, (408)376-0877, to complete the Parcel
Map for recording by 8/18/95. Be sure to advise Mr. Nash immediately if additional
information is required.
Please feel free to use your check lists in addition to Campbell's where appropriate. Please
give me a call to assist as needed.
Harold Hou
Land Development Engineer
H:/49SHELL.LTRUd)
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.379.2572 . TOO 408.866.2790
.Of'C-'At.o (
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CITY OF CAMPBELL
Community Development Department. Current Planning
April 25, 1995
Ms. Emily Chen
10190 Bret Avenue
Cupertino, CA 95~~
~/Y~z?::7
Re: 1630 White Oaks & 49 Shelley Avenue
APN: 414-38-066, 067
Dear Ms. Chen:
Please be advised that the Community Development Director and the City Engineer
have approved the referenced Tentative Parcel Map based upon the mandatory
findings that this Tentative Parcel Map, together with the provisions for its design
and improvement, is consistent with the General Plan of the City of Campbell.
The Parcel Map shall be filed with the City 2ngineer for examination, approval and
recordation in accordance with the provisions of the Subdivision Map Act. This
approval is subject to the following Conditions of Approval:
1. Park Fee (Subdivision): Pay a fee in lieu of dedicating lands for parks in the
amount of $32, 970 (75% of $43,960) for four lots. A aedit shall be given for
any demonstrated legal lots of reoord in accordance with Chapter 20.24 of the
Campbell Municipal Code prior to recordation of the Parcel Map. The
applicant is hereby advised that a Park Impact Fee of $10,990 per residential
unit is required at the time of building final. Applicable aedits may apply.
2. Park Fee (Development): The applicant is hereby notified that a Park Impact
Fee of $10,990 per residential unit is required at the time of building final.
Credits shall be applied for legally existing residential units and fees
previously paid at the time of subdivision.
3. Tree Invent01:Y: Submit a tree inventory and tree protection/preservation _
plan for review and approval by the Community Development Director prior
to recording Parcel Map.
4. Constructed Street Improvements: Applicant shall pay the amount of
$23,335 for street construction of APN: 414-38-066 and APN: 414-38-067, in
accordance with letter of agreement for City Projects Number 85-8.
70 North First Street. CampbeIl. California 95008.1423 . rEL 408.866.2140 . FAX 408.379.'2572 . TOO 408.866.:2790
. .
I
Ms. Emily Chen
PM 95-05 -1630 White Oaks Road &: 49 Shelley Avenue
Page 2
5. Streets and Related Improvements:
A. Provide right-of-way dedication for a 30 foot half street on Shelley
A venue and White Oaks Road.
B. Install curbs and gutters and widen pavement to be compatible with an
existing improvement on the north side of Shelley A venue, east of the
project site.
C. Install sidewalks on Shelley Avenue and White Oaks Road to comply
with City standards. New sidewalks will be required where existing
sidewalks are substandard.
D. Install a structural section on Shelley A venue based on soil tests and
traffic indexes. Traffic indexes will be provided by the City Traffic
Engineer.
E. Install asphalt concrete overlay of 1 1/2 inch over the southerly half of
Shelley Avenue along the project frontage. Install asphalt concrete
overlay on White Oaks as required by the City Engineer.
F. Install street lights to meet City requirements. Preliminary evaluation
indicates one street light will be required on Shelley Avenue.
6. Grading and Drainage Plans: Provide grading and drainage plans. Easements
for grading and drainage shall be shown on the Parcel Map and offered for
dedication, as appropriate.
7. Storm Water Design: Provide storm drain improvement plans for 10 year
storm frequency.
8. Hydrology and Hydraulic Calculations: Provide a hydrology and hydraulic
calculation, as appropriate.
9.
Geotechnical Report: Provide a geotechnical report.
--
10. Landscape Improvements: Provide trees and landscape improvements in
the public right-of-way in accordance with the City's Standard Specifications
and Details for Public Works Construction.
(-
Ms. Emily Chen
PM 95-05 -1630 White Oaks Road & 49 Shelley Avenue
Page 3
11. Landscape Maintenance: Applicant shall record a deed restriction in a form
acceptable to the City, notifying future property owners of the parcels abutting
the project perimeter, that per Chapter 11.0-8.150 of the Campbell Municipal
Code, owners of private property shall be responsible for the maintenance of
street trees and shrubs in the parkway abutting such private property.
12. Sewers: Install a sanitary sewerage system to serve all lots in conformance
with the requirements of the West Valley Sanitation District.
13. Water Service: Install a water distribution system to serve all lots in
conformance with the requirements of the San Jose Water Company.
14. Fire Hydrants: Provide fire hydrants and appurtenances at the locations
specified by the Fire Marshall of the Central Fire District.
15. Record Map: Submit a Final Parcel Map for review and approval by the City
Engineer.
16. Utilities: Cause all electrical, telephone and CATV facilities to be installed
underground, in accordance with the provisions of Chapter 20.36.150 of the
Municipal Code, prior to occupancy. TIle power pole on the southeast corner
of the parcel may have to be relocated due to interference with street
improvements.
17. Utility Construction Coordination in the Public Right-of-Way: Applicant
shall submit a Utility Coordination Plan for approval by the City Engineer, for
installation of electrical, telephone and Cable Television improvements to
minimize damage to City streets, sidewalks and related facilities.
18. Title Report: Furnish a copy of a current Preliminary Title Report.
19. Stonn Drain Area Fee: Pay the then current storm drainage area fee prior to
recording of the Parcel Map. (Current amount is $1,875 per acre).
20. Building Removal: All existing buildings must be removed prior to
recording Parcel Map.
21. Encroachment Permit: Obtain an encroachment permit, pay fees and
deposits for all work in the public right-of-way.
-
Ms. Emily Chen
PM 95-05 -1630 White Oaks Road & 49 Shelley Avenue
Page 4
22. Registered Civil Engineer/Land Surveyor: Plans, specifications, calculations
and designs for street improvements, grading and drainage improvements
and the Record Map shall be prepared by a Civil Engineer or Land Surveyor,
as appropriate, licensed in the State of California and submitted to the City
Engineer for approval.
23. Completion Prior to Occupancy: Complete construction of all required off-
site and on-site improvements, including but not limited to landscaping,
sewer, water, curb and gutters, paving, drainage facilities and other required
improvements prior to occupancy of any structure and/or the subdivider
shall enter into an agreement, acceptable to the City, insuring the
construction of such improvements within eighteen months of formal
approval by the City.
24. Securi~: Provide guarantees for all public improvements by cash, bonds,
letters of credit or other legal instruments, acceptable to the City Engineer.
25. A~eement: Complete and execute, to the satisfaction of the City Attorney
and City Engineer, the City of Campbell's Standard Agreement for
construction of public improvements.
26. American Disability Act and California Disability Access Regulations: All
improvements shall conform to the requirements of the American Disability
Act and the California Disability Access Regulations, whichever applies.
27. Bay Area Air Ouality Management District Requirements: Implement the
following mitigation measures:
A. Water all exposed or disturbed soil surfaces, as necessary to control
dust, but not less than twice daily.
B. . Suspend grading or other dust producing activities during high wind.
C Water or cover stock piles of soil debris, sand and other dust producing --
materials.
D. Sweep construction area and surrounding streets daily. -
Ms. Emily Chen ,
PM 95-05 -1630 White Oaks Road & 49 Shelley Avenue
Page 5
28. Standard Specifications & Details: Comply with the City of Campbell
Standard Specifications and Details for Public Works Construction.
29. Subdivision and Land Development: Comply with TItle 20 of the Municipal
Code concerning Subdivision and Land Development.
30. Streets and Sidewalks: Comply with TItle 11 of the Municipal Code
concerning Streets and Sidewalks.
This approval is valid for 24 months from the date of approval. If you should have
any questions regarding the above information, you may contact Gloria Sciara,
Planner I, at (408) 866-2140, or Harold Housley, Land Development Engineer, at (408)
866-2150.
SincerelYr
, -: ;
.t . - - -....,; - I /f
_ . - -, I ~ .1'1 .. L/
,-_.. ~.1-/ ~ ~
Steve Piasecki
Community Development Director
}
/1
~~f:tq
Robert M. Harary, P.E.
City Engineer
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O-'CH All\)'
CITY OF CAMPBELL
Community Development Department. Current Planning
June 29, 1995
Ms. Emily Chen
10190 Bret Avenue
Cupertino, CA 95014
Re: Structure Relocation - 49 Shelley Avenue ~
Dear Ms. Chen:
Please be advised that the Community Development Department has approved the relocation
of the structure located at 49 Shelley Avenue to the comer parcel indicated on PM 95-05 as Lot
No.4 subject to the following conditions:
1. Demolition of all structures required for removal of the Tentative Parcel Map.
2. Replacement of the roof upon relocation.
3. All additions must incorporate the horizontal siding to match existing exterior.
4. Painting and repairs of deteriorated siding and/ or paint and building materials as
necessary.
Please find enclosed a copy of the stamped approved plans for submittal to the Building
Department. H you have any further questions regarding this matter, please do not hesitate to
contact me at the Community Development Department, (408) 866-2140.
Sincerely,
t/~j~
Gloria Sciara ~
Planner I
cc: Mark Nadvornik, Building Inspector
l~lIO'MBk}"/laMOu.~ q~r
Attachments
Approved Plans
Copy of Parcel Map v
~ ;'lA/tJ
70 North First Street' Campbell, California 95008.1423 ' TEL 408,866.2140 . FAX 408.379.2572 . TDD 408,866.2790
/' 7
NORTHERN CALIFORNIA
CONSOLIDATED TITLE DEPARTMENT
1731 TECHNOLOGY DR., STE 100
SAN JOSE, CALIFORNIA 95110
(408) 451-8000
BRANCH:
Cupertino
19200 Stevens Creek Blvd., #230
Cupertino, CA 95014
(408) 253-6990
Applicant:
Emily Chen
10190 Bret Avenue
Cupertino, CA 95014
Attention:
REcerv~n
JUN 9 1995
Property Address:
49 Shelley Avenue
Campbell, CA
PUJ..". h....,
Escrow Officer: Wai Ling Chu
Our Title No.: 7441303-WC
Your Ref. No.:
Title Officer: Lori Callison
ADMINISTRA TION
Updated
PRELIMINARY REPORT
Dated as of March 17, 1995
at 7: 30 A.M.
Buyer:
In response to above referenced application for a policy of title insurance,
NATIONS TITLE INSURANCE COMPANY
hereby reports that it is prepared to issue, or cause
hereof, a policy or policies of Title Insurance describing
interest therein set forth, insuring against loss which may
any defect, lien or encumbrance not shown or referred to
not excluded from coverage pursuant to the printed
Stipulations of said Policy forms.
to be issued, as of the date
the land and the estate or
be sustained by reason of
as an Exception below or
Schedules, Conditions and
The printed Exceptions and Exclusions from the coverage of said Policy or policies are
set forth in the attached list. Copies of the Policy forms should be read. They are
available from the office which issued this report.
THIS REPORT (AND ANY SUPPLEMENTS OR
PURPOSE OF FACILITATING THE ISSUANCE
LIABILITY IS ASSUMED HEREBY. IF IT IS
ISSUANCE OF A POLICY OF TITLE INSURANCE,
AMENDMENTS HERETO) IS ISSUED SOLELY FOR
OF A POLICY OF TITLE INSURANCE, AND
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO
A BINDER OR COMMITTMENT SHOULD BE REQUESTED.
THE
NO
THE
The form or policy of title insurance contemplated by this report is ALTA or CLTA:
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:
THE E AND H THIRD FAMILY LIMITED PARTNERSHIP, a California limited partnership
The land referred to in this report is situated in the State of California, County of
Santa Clara, and is described as follows:
See attached legal description.
Our No.:
7441303-WC
EXHIBIT "A"
The land referred to herein is situated in the City of Campbell,
County of Santa Clara, State of California, and is described as
follows:
Beginning at a point in the center line of White Oak Road and
distant thereon N. 00 30' W. 261.89 feet from the Southwest
corner of that certain 12 acre parcel of land conveyed by Swanson
to Jamison, et aI, as recorded in Volume 499 of Official Records,
at Page 209, Santa Clara County Records; running thence along the
center line of White Oak Road N. 00 30' W. 141.53 feet; thence
leaving said center line and running N. 890 36' E. 170.88 feet;
thence S. 00 30' E. and parallel with said center line of White
Oak Road 141.53 feet to the center line of a forty foot road;
thence along said center line S. 890 36' W. 170.88 feet to the
point of beginning, and being a part of said 12 acre tract of
land conveyed by Jamison, et aI, situated in Section 2, T. 8 S.R.
1 W., M.D.M. & M., Santa Clara County, California.
Together with a right of way for ingress and egress over a strip
of land forty feet wide, being the Westerly extension of Shelley
Avenue.
Excepting therefrom any interest thereof in that parcel of land
conveyed to the City of Campbell, a municipal corporation by deed
recorded Augsust 4, 1986 in Book J792, Page 8, Official Records,
Santa Clara County.
Our No.: 7441303-WC
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS
AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE
EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS
WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND
SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS
PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION
OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING
TITLE TO THE LAND.
SCHEDULE B
At the date hereof Exceptions to coverage in addition to the printed
exceptions and exclusions contained in said policy form would be as follows:
1. Taxes for the fiscal year 1995/1996, a lien, but not yet due or
payable.
2. Taxes for the fiscal year 1994/1995, as follows:
Assessor's Parcel No. 414-38-066 Area 10-011
First Installment
Second Installment
$1,464.76 Paid
$1,464.76 Open
Exemption
$0.00
3. Supplemental taxes, general and special, for the fiscal year 1994 -
1995 as follows:
Assessor's Parcel No.:
1st Installment
2nd Installment
Delinquent On
414-38-066-99
$6.00 Paid
$6.00 Open
04/10/1995
4. The lien of supplemental taxes, if any, assessed pursuant to the
provisions of Section 75, et seq. of the Revenue and Taxation Code
of the State of California.
5. Rights of the public, County and/or City, in and to that portion of
said land lying within the lines of Shelley Avenue and White Oaks
Road.
Order No.: 7441303-WC
Exceptions Continued:
6. An easement affecting that portion of said land and for
the purposes stated herein and incidental purposes as
provided in the following
Instrument:
Granted To:
For
Recorded
Deed
San Jose Water Company
Pipe and aquaducts
May 25, 1870, Book 18 of Deeds, Page 88,
Official Records
7. An easement affecting that portion of said land and for
the purposes stated herein and incidental purposes as
provided in the following
Instrument:
Granted To:
For
Recorded
Affects
Deed
Robert A. Cash
Right of way
July 19, 1935, Book 734, Page 384, Official
Records
A portion of the Southerly 20 feet
8. An easement affecting that portion of said land and for
the purposes stated herein and incidental purposes as
provided in the following
Instrument:
Granted To:
For
Recorded
Affects
Deed
San Jose Water Works
Water pipe lines
August 21, 1935, Book 741, Page 165, Official
Records
A portion of the Southerly 20 feet of said
land
Terms and conditions contained in the Grant above referred
to.
9. An easement affecting that portion of said land and for
the purposes stated herein and incidental purposes as
provided in the following
Instrument:
Granted To:
For
Recorded
Affects
Deed
H. Walters and Elizabeth Walters
Right of way for ingress and egress
October 22, 1937, Book 845, Page 426,
Official Records
That portion that lies within the bounds of
Shelley Avenue
Order No.: 7441303-WC
Exceptions Continued:
10. An easement affecting that portion of said land and for
the purposes stated herein and incidental purposes as
provided in the following
Deed
City of Campbell, a municipal corporation of
the County of Santa Clara, State of
California
Public street purposes and to become a
portion of the White Oaks Road and Shelley
Avenue
August 4, 1986, Book J792, Page 8, Official
Records
Westerly 30 feet of said land
Instrument:
Granted To:
For
Recorded
Affects
11. Deed of Trust to secure an indebtedness of the amount
stated below and any other amounts payable under the terms
thereof,
Amount
Trustor/Borrower
Trustee
Beneficiary/Lender
Dated
Recorded
Loan No.
Returned to Address
JC:rp
JL:rp
03/28/1995
Plats enclosed.
$160,000.00
Hong Tao Chen and Emily Chen,
husband and wife
Serrano Reconveyance Company, a
California corporation
Home Savings of America, FSB, a
federal savings bank
November 3, 1994
November 16, 1994, as Instrument
No. 12722745, Book N669, Page 0332,
Official Records
1739804-1
Home Savings of America
P.O. Box 60015
City of Industry, CA 91715-0015
Order No.: 7441303-WC
Exceptions Continued:
NOTES:
1. NOTE: According to the public records, there have been no
instruments conveying the property described in this
report recorded within a period of two years prior to the
date hereof except as follows:
A Grant Deed executed by Julie Ann Scherr, Trustee of the
Julia Ann Scherr Living Trust dated June 17, 1994 to Hong
Tao Chen and Emily Chen, husband and wife, as community
property, recorded November 16, 1994, as Instrument No.
12722744, Book N669, Page 0330, Official Records.
Grant Deed executed by Hong Tao Chen and Emily Chen,
husband and wife, as community property, Grantor(s), to
The E and H Third Family Limited Partnership, a California
limited partnership, Grantee(s), recorded December 30,
1994, as Instrument No. 12763827, Book N718, Page 1130,
Official Records.
2. Short Term Rate.
3. County Recorder will charge an additional $10.00 "Monument
User Fee" to record a Grant Deed using the legal
description in this report.
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EXHIBn' "A"
UST OF PItEJ'1UNTED POUCY EXc.1lSIONS AND EXcunONS
CAUFOKNtA LAND nnz ASSOC1AnON STANDAJU) COVD.AGE POUCY. 1!90
EXc.1lSIONS nOM COVD.AGE
~FOUDYtNG MAT'IDtS AIlLDJ'J\ESSt.T EXC.11DEI> nOM nn:COVD.AGE OFiHlSPOUCY AND nn:COMPANY'WIU.NOTPAT LOSS 011. DAMAGE. COSTS. ATI'OKNET'S
FEZS 01.1XPENSES 'WHICH AJUSE BT JIUSON 0..
I. (A) ANT LAY. ORIlINANCt 011. GOVEllNMENTALll.ECtlI..\nON (INa.xmING IIUT NOT UWITED TO 1Itm.DING 011. ZONING LAYS. OWINANCES. OI.UGtJLAnONS)
J.ESnIcnNC. I.ECtJLA.TINC. noHmInNG 01. aELATING TO (II nn: OCCUPANCY. usz. 011. EN}OnaNT 0. nn: LAND; (II) nn: ClAltACID. DIMENSIONS 01.
IDCAnON OF ANTDD'I.OVDm-lT NO'r OIl.HEJlL\F'IE1nECIED ONntEL\NI>.(m)SEPAJl.AnON IN OWNDSHD' 01.10. CHANCZ JNna:DIMENSlONS Oll.~
OFnn: LAND 01. ANT ,A&aL OP YHICK nn: LAND IS 01. ... AS A 'Aa.T; 011. (IV) EN\'11ONWENTAL PJ.OnC'1'10N. 01. lHE EFnCr OF ANT VJOunON OF iHES!
LAYS. OWINANc:ES OIl.GOVEJtNWENTAL UGtlLAnoNS. EXCEPTTOntEEXI'ENTTHAT ANana o.nmENPOIICD4ENTHEJlJ!O' 011. A Nanao. A DEnCI'.
lIEN 011. ENCtJMll&ANCE Il.ESt.oUING FI.OM A VIOLAnON 01. AUZGE:D VIOLA nON AFnCnNG 1H! LAND HAS BEEN JW:OIU>EI> IN na: PtIIIUC JlECOIU>S AT
DAn: 0. POUCY.
(II) ANY COVDNMENTAL POUCE PO'WE1 NOT EXa.xmEI> liT A (Al AIIOVE. EXCEPT TO ntE EXIENTTHAT A NanCE OF nn: EXDOSZ THEIl.EO. 011. ANona
OP ADEnCI". lIEN Oil. ENCUIOLANCE &ESUt.TING FI.OM A VIounON 01. AUZGE:D VIOLAnON Al'nCIlNG 1H! tANJ) HAS IIEEN ucowm IN 1H! PUBUC
llECOlJ)S AT DATE 0. POUCY.
l. .xc:Hn OF EMJNENT DOMAIN tJNUSS NonCE OF nn: EXEltOSl: nIE1lEOF HAS IIEDor JlECOIU>ED IN ntE PUIIUC Jl.I!.COIJ)S AT DAn: 0. POUCY. lIur NOT
EXC.11DING nOM COVD.ACE ANYT ~G YHlOi HAS 0CClJ1l,J\ED PlUOIl. TO DAn OF POUCY YHlOi 'r0tJU) 1If-IIINDING ONna: JUc:Hn OF A pUJlCHASEIl.
POI. VAUlt. YrIHour DlO'IFLEDCL
J. DEnCn. UENS. ENcmaJtANCES. ADVEJtSE c..uws Oil. oniEI. MATTDtSo
(A)YHEIHEl.OI.NOTUCORIlED INlHEPtJBUCUCOIOSATDAnOFPOUCY.BurOL\TED.$UfFEJl.EI).ASSUMED OIl.AQE.EI) TO IIT1H!INSUUD~;
(II) NOT ENO'rN TO na: CONl'ANT. NOT Jl.I!.COIJ)EI> IN niE. PUlWC Jl.I!.CORIlS AT DAn: 0. POUCY. IIUT ENO'rN TO lHE INSUUO CAIMANI' AND NOT
D1SC.OSED INYJtIT1NGTO 1H! COMPANY IITniE.INSUUD Q.AlMANTPJUOIl. TO ntEDA'IEniE.JN5tJ1tED Q.AD4ANT:llf.CAl\aANINSUJIEI) UNDE1I. THIS POUCY.
(C) USULTING IN NO LOSS 011. DAMAGE TO nn: INsuaED Q.AD4ANT;
(0) ATI'ACHJNG 01. C1t!.An:D SUBSEQUENt' TO DA'IE OF POUCY; Oil.
(E) USULTING IN LOSS Oil. DAMAGE YHIOi 'r0tJU) NOT HA VI. BEEN SUSTAINED IFntE INSUIl.ED Q.AD4ANT HAD PIUD VALUf. POll. na: INSUIlED MOll.TCACE
01. FOI. THE ESTATE 01. INInEST INSUUD BY nus POUCY.
4. tlNDlFO\tCEAJlJUt'T OFniE.UEN OFntElNSUIlED MOIl.TCAGEIlECAUSf. OP1H!INAIIIlITTOIl.FAILtl1l.f. OF1H!INSUJtED ATDA'IEOFPOUCY. 011. niE.JNAJlI1ITT
01. F~ OF ANT SUBSEQUENT 0'rNEll. OF ntE INDEII'l'1DNESS. TO COMPLT 'WITH niE. Al'PUCABl.E DOING IIlJS1NESS LA 1I'S OF THE STA'IE IN 'ntIOi na:
LAND IS SlTt1ATED.
50. JNVAlJI)rrY Oil. UNENPOJl.CEAJlIlITT OFntELtEN OFnn: INSUIl.ED MOIl.TCAGE. 011. CLAIM 1lIEJI.WF. 'rHIOi A1USf.S OUT OF1H! TRANSACI10N f.VIDENaD
BT lHE INSUJU:D WOI.TCACZ AND IS IIASED UPON tlSUI.T 01. ANT CONSUMEJl CJW)rT non:cnON 011. nUJ'IH IN UM>ING LA....
EXcunONS now COVD.AGE (SCHEDULE II. PMT Xl
nus POUCY DOES NOT JN~ ACAINsr LOSS 011. DAMAGE (AND nn: COWPANY 'WIU. NOT PAT COSTS. ATI'OllNEYS" fEES 01. EXl'ENSES) 'lFHICH AJUSf. BT JIUSON OF:
L TAXES 011. ASSESSMENTS 'ntIOi AU. NOT SHO'rN AS EXlSIING UENS IIYntE Jl.I!.COIU>S OF ANY TAXING AUIHOJUIT THATUVIES TAXES 011. ASSESSMENTS O~
JtL\L .1l.0PEltTY 011. BT 1H! PtJllUC 1l.EC01U>s. PIl.OCEEDINGS lIT A PUIIUC AGENCY 'ntIOi MAT Il.EStJLT IN TAXES 011. ASSf.SSMENTS. OR Nonas OF stJOi
PllOCEEDJNGS, YHEIHE1l Oil. NOT SHO'rN liT nn: Jl.I!.COIJ)S OF stJOi AGENCY 011. IIY PtJllUC UCOIU>s.
l. ANTFAcrs. JUGHTS. lNt'EBESt' 011. c..uws 'rHIOi AU. NOT SHO'rN lIynn: PUIIUC Jl.I!.COIJ)S lIur 'lFHIOi COtJU) IIf.ASCERTAINED BY AN 1NSPf.CI10N OF nm
LAND 011. BY MAXING JNQUIJl.T OF PDlSONS IN POSSESSION 1lIEJI.WF.
J. EASEMDn'S, LIENS Oil. ENCUMBIl.ANCES. 011. CI.AIMS niEREOF. 'rHIOi AU NOT SHO'rN BY nn: PUIIUC Il.f.COJU)s.
4. D1SCIl.U ANCIES. CON1'IJCTSJN BOUNDMT IJNf.S,SHORTACE IN ~ENCROACHMENTS. OIl.ANY OTIiEllF ACTS'\VHlCHACORUCr stJll\'n 'r0tJU) DISCLOSE.
AND 'lFHIOi A.RE NOT SHO'rN BT nn: PtJBUC JlECOIU>s.
5. (A)UNP A1VrrED MDIa'ING a.uMS; (II) Il.f.SEllV AnONS OIl.EXcunONSINP AnNTS OIl.JNACTSAUIHOIUZING nmlSSUANCE 1HEl\EOF; (q'IV An:JI.JUGHTS. CLAIMS
011. nnz TO 'r ATD. '\V'HE:IHEJI. OJl NOT BE MA TTEJlS EXCEPTED UNDEI. (A). (II) Oil (q AU SHO'rN BT nn: PtJBUC UCOJU)s.
'" AN'! CLAIM. 'ntIOi AJUS'!S our OF nn: nANSACI10N VESTING IN nJE INSUJlED nn: ESI'A'IE OF IN1UEST JNSUIl.ED BT nus POUCY Oil. nm TRANSACI10N
OL\TING nm n."IUESI' OF niE JNSUIl.ED UM>EI.. BY Il.EASON OF nn: OPEllAnON OF FEDE::ML BANXJlTJPTCY. STAn: INSOLVENCY 011. SIMIL\Il. CREDrTORS'
JUc:Hn LA'rS.
AMElUCAN LAND ntU ASSOCAnON 0'rNEll.'S POUCY (1G-17.92)
AND AMElUCAN tANJ) ntU ASSOClAnoN u:ASE HOUl O'WNEJI.'S POUCY (1G-17.92)
EXc.1lSIONS F1lOW COVE&AGE
I. (A) ANY LA'r. ORIlINANCl. OJl GOVEIl.NMENTALll.ECtlI..\nON (INa.1JDING IIUT NOTlDUTED TO Btm.DING OIl.ZONlNG LA'rS, OJU)JNANCES. Ollll.EGtlIJ\nONS)
USTlUcnNG. Il.f.Gtn.ATING. PIlOHIBrnNG 011. Il.EL\ TING TO (II ntE OCCUPANCY. tJSE. OIL ENJOYMENT OF nn: tANJ); (II) nn: CHAMCID. DIMENSIONS 011.
IDCAnON OF ANT IMPIlOVEMENT NO'r OR HEREAFTEJl nECIED ONnn: tANJ); (III) SEP AJl.AnON IN 0"l'NEltSHIP Oil A CHANCE IN 1H!DIMENSlONS OJl ~
OF nm LAND 011. ANT PMCEL OF '\VHlOi nn: tANJ) IS OR 'rASA P AEr; 011. (IV) ENVDl.ONMENTAL PJl0TI.CT10N. 011. nn: EFFECT OF ANT 'VIOLA nON OF TIiESE
LA'IrS. OJU)INANas Oil GOVERNMENTAL Il.f.GtJLA nONs, EXCEPT TO nn: EXTD'(I'TIiAT A NonCE: OF THE ENFOIl.CE:MENI' HDEOF Oil. A NonCE: OF A DEFECT.
LtEN OR ENCtJMBJtANCE JlEStJLTING FROM A VIOLAnON 011. AlllGtD VIOLAnON AJ'Ff.CTING nn: u.l'oo-O HAS BEEN Il.ECOIl.DED JNniE PtJBUC UCORIlS AT
DAn: OF POUCY.
(II) ANY coVEJUolMENI'AL POUCE PO'IVE1\. NOT EXCUJDED BY A (A) AIIOVl!. EXCEPT TO nm EXTD'(I' THAT A NanCE: OF nm EXDOSZ 1HEIl.f.0F OR A NDna
OF A DEnCT. LtEN Oil ENCUMBIl.ANCE Il.f.stJLTING nOM A VIOLA nON 011. AlllGED VIOLAnON AFl'ECTING nn: tANJ) HAS BEDor UCOIU>ED IN nm PtJBUC
UCOIU>S AT DATE OF POUCY.
l. 1l.Jc:Hn OF EMINENT DOMAIN tJNUSS NanCE: OF nn: EXEltOSE TIiEIl.f.OF HAS BEEN Il.f.COIJ)EI> IN ntE PUIIUC Il.f.COIU>S AT DA'IE OF POUCY. Bur NOT
EXCUJDING nOM COVD.AGE ANYTAXING '\rHIOi HAS OCctlIl.J'.ED PIl.JOR TO DA'IE OF POUCY '\VHlOi 'r0tJU) IIf.BINDJNG ON nmJUGHI'S OF A PtnlCHASEll.
FOil. V ALTJ'! 'WITHour ENO'rUDGZ.
J. DEnCT'S. LIENS, ENCUMBIl.ANCES. ADVDtSf. CLAIMS Oil 0THDl MATTDtSo
CA) 'Ir'Hl:THD. OR NOTJIECOIl.DED IN TIm PtJBUC Il.f.COIU>S A TDA TE OFPOUCY.Bur CJl.EA TED. Sl1F1'ERW. ASstJMED Oil AGItEED TO BYTImINSUJlED c;:u.IMANT:
(II) NOT 1tN0WN TO THE COMl'AN'!. NOT Il.f.CORDED IN TIm PUllUC Il.f.CORDS AT DATE OF POUCY.BUT 1tN0'IFN TO ntE INSUP.ED OAIMANT AND NOT
DI5C.Osm IN '\VlUl1NG TO 1H! COMPANY Bynn: INSUJlED OAIMANTPIl.JOIl TO nn:DA'IE nn:INstJIl.ED QAIMANTIIf.CAMl.AN JNSURED UNIlEJl nns POUCY.
(q Il.EStJLTING IN NO LOSS OR DAMAGE TO nn: INstJIl.f.D QJ.IMANl';
(0) AnAc::taNG OJl CltUTED stJBSf.QUENT TO DAn OF POUCY; 011.
(El1l.!St..'LTING IN LOSS Oil. DAMAGE '\VHlOi "lV0tJU) NOT HAVE BEDor SUSTAINED IFnmINSUIl.ED o.AIMANTHAD PIUD VALtJ'f. FOR TIm ESrA'IE ORFOR nm
'!STA'IE OJt INTE.RESI' INSUJlED BY iHlS POUCY.
4. AN'! CLAIM '\VHlOi AlUSES our OF nn: nANSACI10N VESTING IN nn: INSUJlED ntE mA'IE 01l1N"tD\E.5T INSUJlED BY THIS POUCY.BY UASON OF THE
OP!JlAnON OF FEDEltAL IIANDtJPTCY. STATING INSOLVENCY. 011. SIMILAll CRIDrTORS' 1l.JCHT'S LAws. TIiAT IS IIASED ON:
(A)TImTRANSACI10N CRE.A TING TImm ATE ORIN"tD\E.5T INSUIl.ED BYiHlS POUCYBEING DUMLIl A F1AlJDtJLENT CONVEYANCE OR FllAlJDtJLENTTRANs:I"Do
Oil
(II) nn: TRANSAcnON CllLATING nm ESrA'IE 011. INnJlESI' INSUIl.ED lIT nn: POUCY BEING DEL'olf.D A pJtEJ'DEI'(TL\L TIlANSFER EXCEPT -rHEJlE THE
,1l.EPEUNT1AL TltANSFU. JlEStJLn nOM niE. I' AILtJIl.!. (II TO 'TlMEI.T Jl.I!.COIJ) nn: INSIlltJMENT OF nAN~ 011. (II) OF SUCH JlECOIU>A nON TO IMPORT
NOnCE TO A PtnlCHA5EJl FOil. VAUlt. 011. AJtJDGEMENT 011. UEN CRIDrTOIL
(pAGE 1 OF 2)
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04'CHA\l{l'
MEMORANDUM
CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT
TO:
Gloria Sciara, Planner I
DATE: April 11, 1995
FROM: Harold Housley, Land Dev. Engr.!l1I
~ If}I}J Bob Harary, City Engineer
SUBJECT: PM 95-05, 49 Shelley Avenue
In accordance with our verbal discussion, please include the following Condition of Approval with those
previously given to you via a copy of my memo to the City Engineer dated 4/10/95 (Revised):
Applicant shall pay the now current amount due for street construction,
in accordance with that certain letter agreement, related to City Project
Number 85-8. The original amount due was $23,350. (See attached
reference) .
Attachment
h:sciara(mw)6.0
Page 3 ' ' May 19, 1994
ADDRESS Am COMMENT
1620 WlllTE OAKS 414-38-068 Dedicated land. Signed letter agreeing
to pay upon development. Actual cost =
$10,276.18. Proj.85-8. Larry Ciraulo.
.,-
"
1630 WlllTE OAKS 414-38-066 Dedicated land. Signed letter agreeing
to pay upon development. Actual cost =
$23,335.00 including cost of
improvements at 49 Shelley, APN 414-
38-67. Proj. 85-8. Salvatore Ciraulo.
1700 WlllTE OAKS 414-40-016 Did not dedicate land. Granted right of
entry. Signed letter agreeing to pay
upon development. Actual cost =
$12,748.66. Proj. 85-8. Frank L Spivey.
1710 WlllTE OAKS 41~3 Dedicated land. Signed letter agreeing
to pay upon development. Actual cost =
$7)20.87. Proj.85-8. William Wells.
1720 WlllTE OAKS 41~2 Dedicated land. Signed letter agreeing
to pay upon development. Actual cost =
$8,696.14. Proj. 85-8. George Stynm9n
1730 WlllTE OAKS 414-40-061 Dedicated land. Signed letter agreeing
to pay actual cost of $6,695.06 upon
development. Proj. 85-8. Harold
McGuire.
1766 WlllTE OAKS 414-40-010 Paid estimated amount of $8,749.98.
Actual cost = $10,187.36. No record in
file of payment of additional $1,437.38.
Proj.85-8. Vivian M. Bracher.
1865 WINCHESTER 305-22-047 City purchased land for $20,510 and
installed improvements at a cost of
$14,033.50 for a total cost of $34,543.50.
ContraCt for the work, Proj. 86-8 & 12
awarded by Council Sept. 2, 1986.
Rosina Pattison.
h:reimburs.1st
To:
Robert Harary -'f{' 1/!J,fI
City Engineer
Harold Housley J~ f~
Associate Civil Engineer
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CITY OF CAMPBELL
MEMORANDUM
Date:
April 10, 1995
(Revised)
From:
Subject: Development Review Committee Meeting Scheduled For March 27, 1995
APPLICATION NO:
LOCATION:
APPLICANT:
PROPERTY OWNER:
PROJECT DESCRIPTION:
PM 95-05
49 Shelley A venue at NE Corner of White Oaks and Shelley
Emilv Chen
Divide two lots into four lots by Parcel Map
SUBJECT: Public Works Department Recommended Condition's of Approval
DISCUSSION: The project consists of dividing two existing lots, at the northeast corner of
Shelley Avenue and White Oaks Road, into four parcels. The lots will be developed with
single family residences. Existing structures on the property will be removed.
White Oaks Road was previously constructed to City standards years ago and appears in
good condition. Shelley Avenue, adjacent to the project, has never been constructed to City
standards. Shelley Avenue should be completely re-constructed rather than just the north
half, but apparently the City cannot require the applicant to make full improvements. A
1 1/2" asphalt concrete overlay is required on the south half of Shelley A venue. The
conditions also provide for an asphalt concrete overlay on White Oaks Road, if necessary,
due to utility trenching.
RECOMMENDATION: The Recommended Conditions of Approval are attached.
cc: Gloria Sciara, Planner I
File: 49 Shelley Avenue
h:shelley.chn(mw)6.0
PUBLIC WORKS DEPARTMENT
RECOMMENDED CONDITIONS OF APPROVAL
PREPARED BY: Harold Housley
_APPLICATION NO: PM 95-05
DATE: April 10, 1995
LOCA TION: 49 Shelley A venue
THE APPLICANT SHALL:
X Streets and Related Improvements:
A. Provide right-of-way dedication for a 30' half street on Shelley
Avenue and White Oaks Road.
B. Install curbs and gutters and widen pavement to be compatible with
an existing improvement on the north side of Shelley Avenue east of the
project site.
C. Install sidewalks on Shelley Avenue and White Oaks Road to
comply with City standards. New sidewalks will be required where
existing sidewalks are sub-standard.
D. Install a structural section on Shelley Avenue based on soil tests and
traffic indexes. Traffic indexes will be provided by the City Traffic
Engineer.
E. Install asphalt concrete overlay of 1 1/2" over the southerly half of
Shelley Avenue along the project frontage. Install asphalt concrete overlay
on White Oaks as required by the City Engineer.
F. Install Seal Coat
G. Install street lights to meet City requirements. Preliminary
evaluation indicates one street light will be required on Shelley A venue.
X Grading and Drainage Plans:
Provide grading and drainage plans. Easements for grading and drainage
shall be shown on the final maps and offered for dedication, as
appropriate.
X Storm Water Design:
Provide storm drain improvement plans for 10 year storm frequency.
2
49 SHELLEY AVENUE
RECOMMENDED CONDITIONS OF APPROVAL
X Hvdrolo!!v and Hvdraulic Report:
Provide a hydrology and hydraulic report as appropriate.
X Geotechnical Report:
Provide a geotechnical report.
X Landscape Improvements:
Provide trees and landscape improvements in the public right-of-way in
accordance with the City's Standard Specifications and Details for Public
Works Construction.
Traffic Control Improvements:
Comply with the Traffic Engineers Memorandum dated
X Landscape Maintenance:
Shall record a deed restriction in a form acceptable to the City notifying
future property owners that the parcels abutting the project perimeter that
per Chapter 11.0-8.150 of the Campbell Municipal Code owners of private
property shall be responsible for the maintenance of street trees and
shrubs in the parkway abutting such private property.
X Sewers:
Install a sanitary sewerage system to serve all lots in conformance with the
requirements of the West Valley Sanitation District.
X Water Service:
Install a water distribution system to serve all lots in conformance with the
requirements of the San Jose Water Company.
Flood Control:
Implement the requirements of the Santa Clara Valley Water District's _
X Fire Hydrants:
Provide fire hydrants and appurtenances at the locations specified by the
Fire Marshall of the Central Fire District.
3
49 SHELLEY AVENUE
RECOMMENDED CONDITIONS OF APPROVAL
X Record Map:
Submit a Final Tract Map X Parcel Map
Records of Survey for review and approval by the City Engineer.
X Utilities:
Cause all electrical, telephone, and CATV facilities to be installed
underground, in accordance with the provisions of Chapter 20.36.150 of
the Municipal Code, prior to occupancy. The power pole on the southeast
corner of the parcel may have to be relocated due to interference with
street improvements.
X Utilitv Construction Coordination in Public Ri2ht-of-Wav:
Shall submit a Utility Coordination Plan for approval by the City
Engineer, for installation of electrical, telephone, and Cable Television
improvements to minimize damage to City streets, sidewalks, and related
facilities.
X Title Report:
Furnish a copy of a current Preliminary Title Report.
X Storm Drain Area Fee:
Pay the then current storm drainage area fee prior to recording of the
Parcel Map. (Current amount is $1875 per acre).
Bicycle Path:
Prior to the occupancy or use of any development of the bicycle path shall
be installed along . Plans for this
construction shall be submitted to the Public Works Department prior to
the issuance of the required Encroachment Permit. Right-of-way shall be
dedicated to accommodate the path, as required by the City Engineer.
X Park Impact Fees and Park Land Dedication:
Dedicate land or pay fee in lieu of dedication, prior to recordation of the
Parcel Map, as determined by the Director of Community Development.
4
49 SHELLEY AVENUE
RECOMMENDED CONDITIONS OF APPROVAL
Signal Fees:
Reimburse the City their proportionate share of the documented costs of
the signal design and installation for traffic signals at
prior to recordation of the
Record Map.
X Encroachment Permit:
Obtain an encroachment permit, pay fees and deposits for all work in the
public right-of-way.
Access Rights:
Relinquish all access rights to
Noise Control:
Provide noise control.
Maintenance Agreement:
Furnish an agreement, acceptable to the City, prior to the recordation of
the Map, which shall provide for the on-going financial responsibility of
each lot created by the proposed Map (upon their sale) to the Homeowners
Association for the maintenance of . Said agreement
to include a Consumer Price Index factor (CPI), for fee adjustment, and
shall be incorporated into the CC&R's for the project.
Development and Maintenance Documents:
Shall submit the following documents which demonstrate, to the
satisfaction of the City, that the entire project will be developed and
maintained in accordance with the intent and purpose of the approvals:
a. Final Title Report.
b. Management and Maintenance Agreement to be entered into with the
owners of the project units.
c. Covenants, Conditions and Restrictions (CC&R's) to be recorded.
The approved documents shall be recorded concurrently with the Final
Map.
5
49 SHELLEY AVENUE
RECOMMENDED CONDITIONS OF APPROVAL
Condition. Covenants and Restrictions:
Submit Covenants, Conditions and Restrictions (CC&R's) to the City for
review, which contain provisions for a Homeowners' Association, to have
an unqualified right to assess owners to individual units for reasonable
maintenance of common areas and improvements.
The Homeowners' Association shall have the right to lien units of the
owners who default in the payment of any assessment so provided. Such
lien shall not be subordinated to any encumbrance. Any deed of trust
recorded prior to said CC&R's shall be subordinated to the CC&R's.
Any lien imposed shall not be superior to any lien for property taxes or
government assessments.
X Registered Civil Engineer/Land Surveyor:
Plans, specifications, calculations, and designs for street improvements,
grading and drainage improvements and the Record Map shall be
prepared by a Civil Engineer or Land Surveyor, as appropriate, licensed
in the State of California and submitted to the City Engineer for approval.
X Completion Prior to Occupancy:
Complete construction of all required off-site and on-site improvements,
including but not limited to landscaping, sewer, water, curb and gutters,
paving, drainage facilities, and other required improvements prior to
occupancy of any structure and/or the subdivider shall enter into an
agreement, acceptable to the City, insuring the construction of such
improvements within eighteen months of formal approval by the City.
X Security:
Provide guarantees for all public improvements by cash, bonds, letters of
credit, or other legal instruments, acceptable to the City Engineer.
X Agreement:
Complete and execute, to the satisfaction of the City Attorney and City
Engineer, the City of Campbell's Standard Agreement for construction of
public improvements.
6
49 SHELLEY AVENUE
RECOMMENDED CONDITIONS OF APPROVAL
X American Disability Act and California Disability Access Regulations:
All improvements shall conform to the requirements of the American
Disability Act and the California Disability Access Regulations, whichever
applies.
X Bav Area Air Ouality Management District Requirements:
Implement the following mitigation measures:
A. Water all exposed or disturbed soil surfaces, as necessary to control
dust, but not less than twice daily;
B. Consistently water areas of digging and grading operations;
C. Suspend grading or other dust producing activities during high
wind;
D. Water or cover stock piles of soil debris, sand and other dust
producing material;
E. Sweep constriction area and surrounding streets daily.
X Standard Specifications & Details:
Comply with the City of Campbell Standard Specifications and Details for
Public Works Construction.
X Subdivision and Land Development:
Comply with Title 20 of the Municipal Code concerning Subdivision and
Land Development.
X Streets and Sidewalks:
Comply with Title 11 of the Municipal Code concerning Streets and
Sidewalks.
CalTrans
Comply with the State of California Department of Transportation
Standard Specifications.
San Tomas Area Neighborhood Plan (STANP):
Comply with the San Tomas Area Neighborhood Plan.
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DEVELOPMENT REVIEW COMMENT SHEET
Date Routed: March 20,1995
DRC Date ( written comments or draft conditions of approval due): 4/3/95
Preliminary P.e. Date: Staff Level Approval-by April 20, 1995
ROUTE '.~
Q Architectural or Landscape Advisor
Q Fire Department
Q Police Department
Q Redevelopment Agency
Q Engineering
Q Corporation Yard
Q Building Division
PROTECT DESCRIPTION
Tentative parcel map application of Emily Chen for approval to create 4 single family
residential lots on property located at 1680 Whiteoaks Road and}? Shelly AVfuUV_oS;
PROTECT INFORMATION:
APN: 412-38-66,412-38-67
Zoning: R-l-6 (Single Family Residential; Minimum Lot size 6,000 square feet>
General Plan: Low Density Residential-Less than 6 units per gross acre
PRO]Ecr PLANNER: Gloria Sciara
DEPARTMENTAL RECOMMENDATION:
If it can be determined that this project will require minimal or no comments by your
department/agency, please return this comment sheet with your initials to the Project Planner
as soon as possible.
Status
Initial
No Comment
Additional information/revisions (see attached)
Draft conditions of approval attached
CITY OF CAMPBELL
MEMORANDUM
To:
Darryl Jones
Associate Planner
Cruz s. Gomez~
Assistant Engineer
Date:
October 20, 1994
From:
Subject: 1630 White Oaks (APN#414-38-067), 49 Shelley (APN#414-38-066), Emily Chen,
Proposed Subdivision
----------------------------------------------------------
The Public Works Department has reviewed the application and attached are our comments.
Attachments
cc: Ron Marquez, Traffic Engineer
Jim Foley, City Engineer
Bob Kass, Public Works Director
\0- \Q-lA.
CONDITIONS FROM PUBliC WORKS FOR
TENTATIVE SUBDIVISION MAP APPROVALS
FILE
SITE ADDRESS
APN
LANDS OF
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t,./ Sewers: Installation of a sanitary sewerage system to serve all lots within the subdivision in
conformance with the proposed plans of the West Valley Sanitation District. Sanitary sewerage service
to be provided by said District.
/"/ Water Service: Installation of a water distribution system to serve all lots within the subdivision in
conformance with the plans of the San Jose Water Company. Water service to be provided by said
water company. Fire hydrants and appurtenances shall be provided and installed at the locations
specified by the Fire Chief, Central Fire District.
V/ Subdivision Map Act: Compliance with the provisions of Title 20, Subdivisions of the Campbell
Municipal Code.
'V Storm Drain Fee: Subdivider to pay Storm Drainage Area Fee in the amount of $ \ \'14. 00
e>~ lao'2.. AC. ~ ,\qsc> = c:\b \ \14-
~. Title Report: Subdivider to furnish copy of Preliminary Title Report.
~ Street Improvements: Subdivider shall execute an agreement, install street improvements as directed
by the City Engineer and post surety to guaranty the work.
_ Street Improvements: Subdivider shall execute an agreement, install street improvements in accordance
with the guidelines in the San Tomas Area Neighborhood Plan, and post surety to guaranty the work.
_ Street Improvements: Subdivider shall execute an agreement to install street improvements in the future
and agree to join a Local Improvement District.
Dedications: Dedicate additional right-of-way to widen (
) to (
) from centerline.
V Gradinl?/Drainage Plan: Provide a grading and drainage plan for the review by the City Engineer.
V Encroachment Permit: Obtain an encroachment permit and pay fees and deposit for all work in the
public right-of-way.
V Final Map: Process and file a subdivision map.
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Dedication and Street Improvements at '11 ~kt/~ 4.-~ <-
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CITY OF CAMPBEll
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
To Whom It May Concern
Subject:
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APN:
The City of Campbell hereby agrees that upon dedication of street right-
of-way, the City will install full street improvements along the frontage
of subject property at no immediate cost or expense to the current
property owner.
i~~]i
It is understood that when a building permit, a use permit, or an
architectural or site approval is sought from the City for this property,
the cost of the improvements will then become due and payable.
It is further understood that since this involves a dedication of
property, interest on the costs of the improvements will be waived, up to
the value of the dedicated land.
All terms herein are in accordance with Chapter 11.24, "Street
Improvements," of the Municipal Code adopted J~nuary, 1985.
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