346 Union Ave. (93-01)
08119/99
Robert A. Cook ,'-' 9tatt, Inc.
Records Ready rax Form
nil ~ II ~II ~ I:: ~ ~I ~ III ~ III ~ III ~ 1111I1111 1111 II "
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Faxing Instructions
1. If you do not have the capability to copy these records you may fax this form to us and we will copy the
records for you. (Refer to the attached subpoena for a description of the types of records you are
to produce. Please include bills and x-ray films when indicated)
2. Complete the "Records Ready" section below and fax it to us at * (800) 270-7071 *
( If you are unable to fax, please call (800) 800-6800 )
Records Pertaining To:: CHALET WOODS OF CAMPBELL OWNER'S ASSOCIATION VS. CHALET
Date of Birth
Social Security # File number: SJS926414
Medical Records #
>> Records Ready <<
. Please check the appropriate boxes below.
o ALL of the requested records are ready to be copied.
)& SOME of the requested records are ready to be copied.
o BILLS included
o XRA YS included
r,J BILLS NOT included 0 XRAYS NOT included
If you are unable to locate any records with the information provided, please sign
part-B of the Certificate and fax back to Robert A. Cook & Staff,
. Approximately how many pages are to be copied?
o 1 - 50 pages 051 - 200 pages p{200 - 500 pages 0501 - 750 pages 0751 + pages
(1/4 inch thick or less) (1/4 to 1 inch thick) (1 to 2 inches thick) (2 to 3 inches thick) (over 3 inches thick)
. What are your COPY hours?
Monday Tuesday Wednesday Thursday Friday
~ q /,'t TO~I ~'~ To It. :t'C Q! g' Ii'!' To t:. c(I '~{:.;.c Tel, : {ic:! [j q, {<-'To .r;: ,,'<.)
Closed for lunch To Person to see: IYla dell& (tJjwrtl/1 Phone:~;1-f?t d/52~
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signe~<1d'fL'a,7t!2'/]ttA,(ir Print Name: I)jHA'/.r.Il/[ ll)hl71~'I/ Date: q -.3-1;1
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. Please confirm the address where the records are to be copied:
Records From: Address correction requested:
MS. HANLEY
CITY CLERKS OFFICE-CITY OF CAMPBELL
70 W. FIRST STREET
CAMPBELL, CA 95008
/FAX
,NSTRUCTIONS - PLEASE REAL
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FILE NO. SJS926414
DEPOSITION DATE: 09/08/99
"1" THIS SUBPOENA COMMANDS YOU TO PRODUCE ALL OF YOUR RECORDS DESCRIBED WITHIN IT, AT THE TIME AND
DA TE AS SHOWN ON THE SUBPOENA UNLESS THERE IS A COURT ORDER, WAIVER, OR STlPULA TlON WHICH WOULD
RELEASE THE RECORDS IMMEDIA TEL Y, INCLUDING X-RA YS, FILMS, AND BILLING RECORDS IF DIRECTED.
"2' THIS SUBPOENA PROHIBITS YOU FROM WITHHOLDING OR OTHERWISE FAILING TO PRODUCE ANY RECORD OR
DOCUMENT DESCRIBED IN THE SUBPOENA WITHOUT THE EXPRESS APPROVAL OF THE PARTY ISSUING THE
SUBPOENA.
"3" TO FULLY COMPLY WITH THIS SUBPOENA ALL REQUESTED MATERIAL(S) ARE DUE ON THE DATE OF DEPOSITION.
THIS INCLUDES BILLING RECORDS AND ~ WHEN REQUESTED,
'''4- THE AFFIDAVIT Mb!2I BE SIGNED & DATED AND Mb!2I ACCOMPANY YOUR RECORDS,
PLEASE MARK APPROPRIATE BOXES.
-5- IF NO RECORDS ARE FOUND, YOU MUST COMPLETE THE AFFIDAVIT AND RETURN IT TO: Robert A. Cook & Staff, Inc., THE
AFFIDAVIT MUST BE SIGNED & ~ AND THE "CERTIFICATION OF NO RECORDS" BOX ~ BE MARKED.
-6- IF CERTAIN PORTIONS OF YOUR RECORDS ARE UNAVAILABLE AT TIME OF DEPOSITION, (i.e billing records) MAKE A
NOTATION ON THE AFFIDAVIT THAT ADDITIONAL RECORDS WILL BE FORWARDED UNDER SEPARATE COVER. PLEASE
ATTACH THIS SHEET TO YOUR ADDITIONAL RECORDS,THIS WILL AID US WITH IDENTIFICATION
IF YOU HA VE ANY QUESTIONS REGARDING THE COMPLIANCE OF THIS SUBPOENA
OR IF YOU WOULD LIKE OUR OFFICE TO COpy YOUR RECORDS AT YOUR PLACE OF
BUSINESS, PLEASE CONTACT:
<<;./A(l.TTQ
lh yrDU/.v.J ~(U>/'i '1.
CLIENT SERVICES DEPARTMENT
Robert A. Cook & Staff, Inc.
2025 GATEWAY PLACE SUITE 330
SAN JOSE, CA. 95110
(408) 441-7000
Doue:
<;;. c>VT;
POST DATE: 08/19/99
REC.TYPE: CLIENT PROVIDED VERBIAGE
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AFFIDAVIT
Check # 760239
'ursuant to California Evidence Code 1561 & 1:"
Title of Case:
Attorney for Plaintiff:
Attorney for Defendant:
READ, SIGN, DATE, ATTACH TO YOUR RECORDS, AND SUBMIT TO DEPOSITION OFFICER: ROBERT A. COOK & STAFF, INC.
2025 GATEWAY PLACE SUITE 330
SAN JOSE, CA. 95110
(408) 441-7000 or (800) 800-6800
CHALET WOODS OF CAMPBELL OWNERS' ASSOC. VS. CHALET WOODS, INC., ET AL.
COLE & FASANO
ANN RANKIN
DATE OF DEPOSITION:
RECORDS PERTAINING TO:
Wednesday September 8, 1999
CHALET WOODS OF CAMPBELL OWNER'S ASSOCIATION VS. CHALET
WOODS, INC., ET AL.
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I, THE UNDERSIGNED, BEING THE DULY AUTHORIZED CUSTODIAN OF THE RECORDS AND HAVING THE AUTHORITY TO CERTIFY THE
RECORDS DECLARE THE FOLLOWING: THE ATTACHED ARE THE RECORDS OF MS. HANLEY AND THAT THESE RECORDS ARE KEPT IN THE
REGULAR COURSE OF BUSINESS AND SUCH BUSINESS IS A TYPE OF BUSINESS IN WHICH IT IS CUSTOMARY TO KEEP SUCH RECORDS;
THE RECORDS WERE PREPARED BY PERSONNEL OF THE BUSINESS WITH ACTUAL KNOWLEDGE OF THE MATTERS STATED IN THE
RECORDS AND THAT THE ENTRIES CONTAINED IN THE ATTACHED RECORDS WERE MADE AT OR NEAR THE TIME OF THE ACTS,
CONDITIONS OR EVENTS DESCRIBED.
RECE\V'EO
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C\\Y CLERK'S OFF\CE
TRUE COPIES
o Pursuant to Evidence Code Section 1560(b) the attached copy is a true, legible and durable
copy of the records described in the Subpoena.
ORIGINAL RECORDS
o Pursuant to Evidence Code Section 1560(e) the original records described in the Subpoena were delivered to the attorney or the
attorney's representative for copying at the witness' place of business.
CERTIFICATION OF NO RECORDS
D That a thorough search of our files revealed no documents, records or other materials called for in the Subpoena and that no such records exist with the
information provided. (Please give a detailed explanation.)
--1 Requested records existed at one time but have since been purged.
, ; Records do not exist for the time frame specified.
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND
CORRECT,
SIGNATURE
AFFIDAVIT OF PROFESSIONAL PHOTOCOPIER
SECTION 22462 of Business and Professions Code,
PRINTED NAME
Executed on
at
, California
I solemnly affirm that I am the attorney's representative and that I
made true copies of all the original records delivered to me by the
Custodian of Records of the within named location, and these
records will be distributed to the authorized persons or entities.
TITLE
IN
REPLY
PLEASE
REFER
TO
Executed on
MS. HANLEY
CITY CLERKS OFFICE-CITY OF CAMPBELL
70 W. FIRST STREET
CAMPBELL, CA 95008
At
Signature
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FOR COli'" IJU ONI. Y
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RECEIVED
I ., n 1999
^TTcqN':V ~oq {N~,....:J' :~-:~..~-~~ :A7COCS - L
NAME '::F r:r::t;/r 3j",~TA C :..ARA C:OL':.J':'Y 3:;P;:;rUO~ COuRT CITY CLERK'S
S7;;(El:T A~CRGS~: :. 9:. :\''J~:h r;',; ....,...... S:=eet OFFICE
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C:TY "'NO ZI::t C::jCc;
o"lANr:H NJoUr: I
I PIAl NTi;;FfPETITrONER: C:-iALET WOODS ~;: CA.~P3EL::' OWNERS'
A33CC:Ar::ON, ~ :~:J.:orn:.a ::.or:.-~=ofi~ rr.U~ua.l
I DEFE:-.lDANT/RESPONDENT: C~ALET 'iVOO::S, INC. , a Cal:.:orr-:.a.
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I DEPOSITION SUBPENA CA5F. NUMBER:
For Production of Business Records CV73l789
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (nsmej: Ms. Hanley, City Clerk's O:fice
C~ty 0: Can~be::, 70 W, fi=s~ S~reet, Carnpbe:l, w~ 95C08
1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in item 3 as follows:
Deposition Officerfnsn1er ~ob€r-: A. Cook & Staff.
Dati: SEPTEXBER 8, 1999 Time: 9: 30 AM
Address; 2025 Ga-:eway ?J.ace, S'li,:e 33C
Sa~ :ose, :A 95110
00 not release the requested records to the dtlposition officer prior to the elate and time stated above,
a. ! i by delivering a'ttU;~reglble, and durable copy of the businQ&S records described in item 3, enclosed in a sealed inner wrapper
with the title anQ..number of the action, name of witness, and date of SUbpena clearly written on It. The inner wrapper shall
th/lr: be enclos.!!1:Fln an outer ilnvelope or wrapper, sealed, and mailed to the deposition officer at the address in Item 1.
b. I <S I by deliverIng 41 ~ri1HJ;~eg;ble, and durab,le copy of the business records described in item 3 to the deposition officer at the wit-
ness's address. on receipt of payment In cash or by check of the l'Iasonable costs of preparing the copy, as determined under
Evidence Code section 1563(b),
c. ::J by making the original business records described in item 3 available for inspection at your business address by the attorney's
representative and permitting copying at your business address under reasonable conditions during normal business hours.
2. The records are to ~fl produced by th~ d.te and time sf/own in ;Cem 1 (bvt not sooner than 20 days after ths issuance of the deposition
subpllna, or 15 days afteris.'ivice, whicheverdste is later). Reasonable costs of/oeafing records, making them available or copying them,
and postage, if any, are recoverable as set forth in Evidence Code section 1 S63(b). The recorr:Js shall be accompanied by an affidavit
of the custodian or other qlJalified witness pursuant to evidtnce Code section 1561,
3. The records to be prodl.!ced are described as follqws:
See a~tac~sd Ex~i~~t A
C Continued on att4lcnment 3.
DISOBEDIENCE OF THIS SUBPENA MAYBE: PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL. ALSO BE L.IABLE FOR THE
SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESUL.TING FROM YOUR FAIL.URE TO 09,
Date issued: . AUGUST 19, 1999
JAi'l'E K. PE;.l'HALIGAN ,'..,.'.
(TYPE OFl "''lI~T NAME)
of Camobel:
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J~~IC:(lI Go,.,,-..I of C;,ifomI8
3821'i(1S.2) :'lc:v m",ary'. ~99J;
(See reverse for proof of service)
DEPOSITION SUBPENA - BUSINESS RECORDS
Code of Clvli F'~U'", 5 i 2020. 2~
Gov.",m..", C.,.,... S ~8Qa7.'
Chalet Woods of Campbell: EXHIBIT A
DOCUMENTS TO BE PRODUCED
REOUEST~O. 1:
Each and every writing, as the term "writing" is defined in California Evidence Code section 250,
including but not limited to written correspondence. blueprints, building plans, as-builts, engineering
calculations and reports, soils reports, and permits, pertaining to the development known as Chalet Woods
located on and around Chalet Woods Street or Drive in the City of Campbell, State of California, next to
Union Avenue.
REQUEST NO, 2:
Each and every writing, as the term "writing" is defined in California Evidence Code section 250,
including but not limited to written correspondence, blueprints, building plans, as-builts, engineering
calculations and reports, soils reports, and permits, dated or which you believe was created in the time
period from January 1, 1990 to the present, pertaining to Chalet Woods of Campbell Owners' Association.
REQUEST NO.3:
Each and every writing, -=a~ term "writing" is defined in California Evidence Code section 250,
including but not limited to writter; correspondence, blueprints, building plans, as-builts, engineering
calculations and reports, soils..~s, and permits, pertaining to 346 and/or 356 Union Avenue,
Campbell, California.
REQUEST NO.4:
Each and every writing, as:t~e'term "writing"'is defined in California Evidence Code section 250,
including but not limited to written correspondence, blueprints, building plans, as-builts, engineering
calculations and reports, soils reports, and permits, pertaining to 100 Chalet Woods Circle and/or 10'1
Chalet Woods Circle and/or 102 Chalet Woods Circle and/or 103 Chalet Woods Circle and/or 104 Chalet
Woods Circle and/or 106 Chalet Woods Circle and/or 108 Chalet Woods Circle and/or 110 Chalet Woods
Circle and/or 112 Chalet Woods Circle and/or 114 Chalet Woods Circle and/or 116 Chalet Woods Circle
and/or 118 Chalet Woods Circle and/or 105 Chalet Place and/or 203 Chalet Place and/or 205 Chalat Place
and/or 207 Chalet Place and/or 209 Chalet Place and/or 211 Chalet Place and/or 213 Chalet Place and/or
215 Chalet Place and/or 217 Chalet Place and/or 219 Chalet Place and/or 220 Chalet Place and/or 221
CI1alet Place and/or 222 Chalet Place and/or 223 Chalet Place and/or 224 Chalet Place and/or 225 9halet
Place and/or 226 Chalet Place and/or 227 Chalet Place and/or 228 Chalet Place, Campbell, California.
G;\F!LeROOMICHALeTlNOID1SC\8/ZCITV, WPD
Page 1
OOF OF SERVICE BY MAIL - C.C.P. 1 ( .)
SJ S9 26 414** SJS926414
I am employed in the county of SANTA CLARA, my business address is 2025 GATEWAY PLACE #330,
SAN JOSE, CA 95110, I am over the age of eighteen (18), and am not a party to the within action(s). I am
readily familiar with the business practice for collection and processing of correspondence for mailing with
the United States Postal Service, and that the correspondence described below will be deposited with the
United States Postal Service today in the ordinary course of business. I am aware that on motion of party
served, service is presumed invalid if postal cancellation date or postage meter date is more than one day
after date of deposit for mailing affidavit. I served the within copy: DEPOSITION SUBPOENA _
BUSINESS RECORDS
on the below listed entities in said actions by placing said documents in a sealed envelope with postage
fully prepaid and addressed as follows:
COLE & FASANO
ATTORNEYS AT LAW
720 MARKET STREET
PENTHOUSE SUITE
SAN FRANCISCO, CA 94102.2500
A TTN: GLEN MAU, ESQ.
THARPE & HOWELL
ATTORNEYS AT LAW
. WILSHIRE BRENTWOOD PLAZA
12400 WILSHIRE BLVD., STE. 1500
LOS ANGELES, CA 90025-1019
A TTN: TERRA Y. TRICE, ESQ.
and that they were deposited on 08/19/99 for deposit in the United States Postal Service and that the
envelope was sealed and placed for collection and mailing that date at Robert A. Cook & Staff, Inc. 2025
GATEWAY PLACE #330, SAN JOSE, CA 95110, following ordinary business practices.
DATED: 08/19/99 AT SAN JOSE, CALIFORNIA
I Declare under penalty of perjury that the foregoing is true and correct(l _ _-
This form was printed for 0 ~
all subpoenas in this series
signature
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MEMORANDUM
CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT
TO: Frank Cauthorn, Building Official
FROM: Harold Housley, Land Development EDghree#
SUBJECT: I "f Id1.JJJI_.~JI JII~' Tl I~~IJM,
DATE: November 8, 1995
Attached is a letter from Vincent C. Sevely, Attorney, dated November 2, 1995, concerning drainage
problems. I expect to receive the as.build grading plans from the engineer in the next few days.
h:frankc.mem(mw)
Attorney at Law
230 California Avenue Suite 100
Palo Alto, California 94306
Phone (415) 326-5025
Fax (415) 326-5514
R E C IE 6\'fl:
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NlJ'I 3 1995,
VINCENT C. SEVELY
November 2, 1995
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City of Campbell
Department of Public Works
70 North First street
Campbell, Ca. 95008-1423
Attn. Mr. Harold Housley
Re: 316-346 Union Avenue, Campbell Avenue
Dear Mr. Housley:
As you may be aware, I represent Mr. and Mrs. Ed Stojanovich
who are the owners of the above-captioned property. I have
received a letter dated October 24th from Mr. Frank B. Cauthorn
indicating that I should contact you for additional information in
connection with the storm drainage system of the Chalet Woods
Development.
His letter indicates that there were some errors relating to
the storm drainage system. He did not indicate whether the errors
were the cause of the drainage problem to the stoj anovich ' s
property or how the problem would be addressed. May I please hear
from you.
Vincent C. Sevely
VCS:eh
cc: stojanovich
OCT-27-94 THU 17:24 ~ILVERCREST
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CHALET WOODS, INC. Investment. Development. Construction
Oct()b~r 27, 1994
City of Campbell
70 North First Street
Campbell, CA 95008
Gloria S,:;iara
Dear Gloria,
This letter serves as an a.gre~ment between Chalet Woods, Inc, and the City of Campbell
to allow final approval of Units 1,3,5,7,22 and 31 (Lot Numbers) subject to the agreement
that the developer will complete all landscaping and on-site improvements for Phase I by
.Friday, November 4, 1994
Should you have any questions, please feel free to call me at (408)997-6056,
Sincerely,
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Chalet Woods, Inc.
10n ""'''al''1 IA! j ...... I r-
_<J vii.. (; HOQ< S l_drC,e, ....arnJJbell. CA g5C08 Tel: (408) 879-0133 Fax: (4n~) (/Q,.L1r::7
TO BE RECORDED WITHOUT Ft. i2
SECTION 610J GOVER!'-lN..ENT cooe
AT THE REQUEST Of CITY Or- CAMr3f1L
NO FEE l]J
,12362153
AGREEMENT
OIlY OF CAMPSa:[
70 N. FIRST STREET
AMPBELL, CA 9506ifHIS AGREEMENT (identified as No. McG 58) made and entered into this
:2n~ day of J"~.u-O~, 1994, by and between CHALET WOODS 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, on September 7, 1993, the City Council granted conditional
approval of TS93-02 for that certain real property described in Exhibit A attached and
incorporated as though fully set forth herein, and commonly known as, 346 Union
Avenue, which property is hereinafter referred to as "said real property";
WHEREAS, compliance with the terms and conditions of this agreement are
conditions to the approval of the above described Tentative Subdivision Map;
NOW, THEREFORE, IN CONSIDERATION OF THE
ABOVE-MENTIONED APPROVAL, and satisfaction of the conditions to that approval,
(1) Owner shall provide, construct and/or install at his own proper cost and
expense, street improvements as described in section 11.24.040 of the City Code within
12 months from the date first mentioned hereinabove; provided, however that in the
computation of said 12 month period, delays due to, or caused by acts of God, viz.,
unusually inclement weather, major strikes, and other delays beyond the control of
Owner or his successors shall be excluded.
(2) It is expressly understood and agreed to that if Owner shall fail to complete
the work required by this Agreement within the said 12 month period, the City, after
giving ten (10) days written notice thereof to Owner, or his successors, may construct
and/or install said improvements and recover the full cost and expense thereof from
owner, or his successors.
(3) Owner, or his successors, shall cause to be prepared at his cost and expense
improvement plans for the 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.
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(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 of Santa Clara County, where indicated.
(5) Prior to approval of the plans by the City Engineer pursuant to Section (3)
of this Agreement, Owner, or his successors, shall pay to the City for examination of
improvement plans, field inspection of construction of improvements and all necessary
expenses incurred by City in connection with said improvements, a sum calculated in
accordance with ResolutIon No. 8324, as adopted by the City Council on June 11, 1992.
(6) Owner, or his successors, shall file with City, prior to beginnin8 construction,
surety acceptable to the City in an amount equal to the CIty Engineer's estImated cost of
the street improvements 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.
(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 e~ressly 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 succes~ors" shaH make. such depos!ts or .fil~ s~!':~ bonds and
enter Into such agreement as reqUIred oy West Valley SamtatIon DISinc[ Of Santa Clara
County to insure the installation of a sanitary sewage system to serve said real property,
and Owner, or his successors, shall file with City, upon execution of this Agreement, a
letter from said Sanitation District 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
-2-
l"i J U 0 r ~ uc. I I 0 I
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 re~uired to
abandon, remove, raise, lower, relocate and otherwise modify irrigation lme 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 qr indirectly employed by him, or
anyone for whose acts any of them may be liable in the course of performance of the
Agreement.
The Owner, and his successors, shall also indemnify, defend and hold the City of
Campbell, and its agents, attorneys, employees, officers, officials, and assignees harmless
against and from any and all claims, demands, liabilities, losses, lawsuits, judgments,
damages, costs and expenses (including, but not limited to, attorneys' fees and court
costs, whether incurred at trial, appellate or administrative levels) which the City of
Campbell may incur or suffer, or to which the City of Campbell may be subjected
resulting from the failure of Owner, or his successors, or his agents, employees,
subcontractors, or anyone performing services under him, to fulfill any of the obligations
imposed under this Agreement.
-3-
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(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 346 Union Avenue, and the City's property,
commonly descnbed as Union Avenue where it adjoins Owner's property. These
covenants shall be considered to affect rights in the above-described real properties, and
shall be binding on the heirs, assigns, successors, and grantees of Owner to said real
property.
(17) Nothing contained herein shall be construed to transfer
any unvested interests in real or personal property for purposes of the rule against
perpetuities.
(18) In the event that Owner, or his successors, should breach any of the terms,
conditions, or covenants of this Agreement, the City shall be entitled to recover, in
addition to any other relief available in law or eqUIty, all costs incurred in attempting to
obtain enforcement of the Agreement, or compensation for such breach. These costs
shall include reasonable attorneys' fees and court costs.
(19) This is the entire Agreement between the parties, and there are no
representatIons, agreements, arrangements or understandings that are not fully expressed
herein.
(20) This Agreement can be executed in counterparts by the parties hereto, and
as so executed shall consist of one agreement, binding on all the parties.
IN WITNESS WHEREOF, said City has caused its name to be affixed by its
Mayor and City Clerk, who are duly authorized by resolution of the City Council, and
said Owner has caused his name to be affixed the day and year first above written.
APPROVED AS TO FORM:
~Willi~~-~'~V
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Anrie,' , Yb.ee;City Clerk
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CAMPBELL
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State of California
~ 55.
Tide or Type ofDocwnent A g r e em e n t
Nwnbcr oepog.. f 0 u r Dale ofDocwnent 1 / 2 0 / 1 9 9 4
Signet(s) Other than IWlled below
County of
Santa Clara
On J a n u a r y 2 1, 1 9 9 4 before me, the un d e r s i g n e d
Notary Public, personally appeared CHAO TSAN WU*********************************',
- pcrsOmll1y kuu W 11 tv lUG (or proved to me on the basis of satisfactory evidence) to be the personM whose
name~ is/~ ~ubscribed to the within instrument and ackno~led~ed to me that he~~executed the
same in his~uthorized capacity~nd that by his~.r- signatur~n the instrument the
perso~r the entity upon behalf of which the person~cted, executed the instrument.
(Seal)
Signatur
FD-I (Revised 1/93)
OFFICIAL SEAL
R. L HURD
NOTARY PUBLIC. CALFORNIA
SANTA ClAHA COUNTY
My Comm. Expires MIy 26,1994
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CITY OF CAMPBELL
To:
Gloria Sciara
Planner I
March 23, 1994
Date:
./
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From:
/1A, /'
Mike Fuller ,/ >_J' /,
, .. .""..../
Assistant Engineer
Subject:
346 Union A venue - Landscaping Plan
----------------------------------------------------------
I received a copy landscaping plan for the above development which was approved on
March 16, 1994, and I have the following comments:
1) The plan shows the installation of three street trees in tree wells along Union
Avenue. The northernmost proposed tree is within the drip line of the existing
24" and 42" oak trees on the site. It does not appear to me that this tree will get
any light or have any room to grow. Therefore, I recommend that this tree be
eliminated.
2) Likewise, the existing 1" tree is under the canopy of the oak trees, and will have
the same problem. I recommend that this tree well be filled with concrete.
3) There are two street trees proposed between the existing driveways on Union.
These driveways are shown to be 59' apart. The driveways are only
approximately 43' apart, and it does not appear that there is room for two street
trees between the driveways. I recommend the installation of a Platanus Acerfolia
'Yarwood' centered between the driveways.
4) Where possible, we are trying to irrigate street trees, especially in commercial and
multi-family developments. Therefore, I recommend the attached tree planting
detail for the proposed street tree. The detail shows bubbler irrigation.
In the future, please route these landscaping plans by the Public Works Department where
there is planting in the public right-of-way. We need to have all work in the public right-
of-way covered by our encroachment permit. Please have the landscaping plan changed
to reflect the above recommendations. If you have any questions, please call me at
X2158.
file: McG(58)
cc: Joan Bollier
Atfath~~+ A
CITY OF CAMPBELL
PUBLIC WORKS DEPARTMENT
Engineering Division
GRADING & DRAINAGE
REVIEW CHECKLIST
Address: /j Ie. i;/'/ ftllt
Building Permit No.
Planning Approval No.
Encroachment Permit No.
Date Received
Checked By
Fees Paid
Receipt No.
V;'"
1.
~2.
't-3.
l4.
V 5.
V6.
~(.
_8.
~9.
L1o.
V11.
~12.
),
13.
Plan drawn to scale and scale indicated on plan
Plan signed, sealed, and dated by a Registered Civil
Engineer or other licensed professional competent to
prepare the plans
Note contained and signed on plan "The design shown
hereon is necessary and reasonable and does not
restrict any historic drainage flows from adjacent
properties"
Vicinity map
All adjacent streets labeled correctly
North arrow
Bench mark
Property lines shown
Streets dimensioned (existing right-of-way, pavement,
curb, gutter, sidewalk, and parkways, if applicable)
Adjacent properties labeled as to use
l' contour lines (existing and proposed)
Proposed building locations and pad elevations
Finished grade elevations at building corners
J14.
./
15.
L16.
1-17.
-LIB.
V'19.
t/;O.
21.
/22.
t/'
_23.
~24.
/Jln 25.
Lot corner elevations and the elevation at the high
point in the yard
Side and rear yard topography extending a sufficient
distance beyond property line (20' minimum) to
determine that proposed grading will not impede
existing drainage patterns
Existing and proposed fences or retaining walls
Overland release to public storm system shown
Roof drainage outlet shown
Interior drainage facilities identified (catch basins,
pipes, ditches, etc, if applicable)
Connection from private to public storm drainage system
Conformance with tentative or final map, if applicable
Earthwork quantities indicated on plan:
Cut: c.y., Fill c.y.
Location of nearest public storm system (including
storm mains, inlets, manholes, catch basins, etc.)
Easements shown, if applicable
Drainage swale slope and material specified, if
applicable
OS/20/92
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CITY OF CAMPBELL
MEMORANDUM
To:
Gloria Sciara
Planner I
. ~%-
Mlke Fuller II'^-, '
Assistant Engineer
Date:
May 26, 1993
From:
Subject:
346 Union Avenue
----------------------------------------------------------
The Engineering Division has reviewed the attached grading and
drainage plan, and we have the following comments:
1. The dimensions of the inlets should be shown on the grading
and drainage plan. These inlets should be a minimum of 2'
X 2'.
2. The path of overland release must be shown to a public
street. The overland release for this property appears to
be to Apricot Avenue through the properties to the north
and east.
3. The following statement must be placed on the grading and
drainage plan: "The design shown hereon is necessary and
reasonable and does not restrict any historic drainage
flows from adjacent properties."
If you have any questions, please do not hesitate to call me at
866-2158.
f/L-C
MEMORANDUM
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CITY OF CAMPBELL
From:
Tim Haley
Associate Planner
Michael Fuller ~~
Assistant Engineer
Date:
April 20, 1993
To:
Subject:
346 & 356 Union Avenue
ZC 93-01/PD 93-01
----------------------------------------------------------
The Engineering Division has reviewed the above application, and
we have the following comments:
suggested conditions of approval:
1) Process and file a subdivision map.
2) Reimburse the City $43,043.70 for street improvements
installed in Union Avenue with project 83-9 ($24,638.21 +
$18,405.49).
3) Obtain an encroachment permit, pay fees and post surety for
all work in the public right-of-way.
4) Submit three copies of a grading and drainage plan to the
Building Division for review.
Comments reqarding this application:
1) Pursuant to the City's Municipal Code, the applicant must
pay a fee in-lieu of park dedication prior to approval of
the final subdivision map and a park impact fee prior to
obtaining building permits. The current park in-lieu fee
for this development is $153,798, and the current park
impact fee is $51,266.
2) This site is low relative to the street, and there are
issues which should be addressed as soon as possible. I
spoke with Chao Wu today (4/20), and he said that he would
bring a preliminary grading and drainage plan for our
review tomorrow.
3) Show the distance from the front property line to the
street centerline on the site plan.
4) The "Proposed Plan for Chalet Woods" does not show the
correct location of existing street trees.
If you have any questions, please call me at 866-2158.
MQ
~
DEPARTMENT COMMENT SHEET
SITE & ARCHITEcruRAL COMMIITEE
PLANNING COMMISSION
Date Routed:
Completeness and
Environmental Comments Due:
General Comments Due:
Planning Commission Meeting Date:
March 5, 1993
March 22, 1993
April 12, 1993
May 11, 1993
RECEIVED
MAR 5 1993
ROUTE TO:
Architectural Advisor
Building Division
Corporation Yard
Engineering Division
Fire Department
Landscape Advisor
Museum Director
Public Works/Engi......ing
PROTECT DESCRIPTION: Public Hearing to consider the application of Mr.
Chao Wu, on behalf of Chalet Woods, Inc., for approval of a Zone Change
from R-3-S (High Density Residential) to PO (Planned Development) and a
Planned Development Permit to allow the construction of 31 townhomes on
property located at 346 & 356 Union Avenue in a R-3-S (High Density
Residential) Zoning District File No. PO 93-01 APN: 412-28-048, 55
Project Planner: Gloria Sciara
ENVIRONMENTAL REVIEW:
Categorical Exemption
X Negative Declaration has been prepared
Environmental Impact Report will be required
If your department believes that additional environmental review is required, please
attach an Initial Study identifying and discussing your areas of concern.
Any environmental comments should be returned by: March 22, 1993
DEPARTMENTAL RECOMMENDA nON:
CODE REOUIREMENTS (IF RECOMMENDED FOR APPROV AU:
p Jc, n II ~ ~ -;J~ \J ~ lof' i.-L-1 C. <-<- t
ENGINEERING DIVISION CHECKLIST FOR BUILDING PERMIT APPLICATIONS
Date: ~rc-h 11,1"1"'3
, I
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Building-c ~L r; I~,' "t~;:J
Property Address: '], 4 lP - '35"'"
Date Received: {VIe.. rc~ ~- Itf9'J
.
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Date Due to
Date Returned:
SITE PLAN:
Does the Site Plan show the following:
1. Distance from roadway center line to existing and
proposed property lines
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(!.E!s/,/ no
2. Existing easements as shown on tract/parcel map ~om~/~ yes no
3. Existing and proposed onsite improvements ~ no
4. Size of existing and proposed structures shownN!A
5. Addition more than 50% /vlA
STREET IMPROVEMENTS:
6. Are there existing street improvements?
7. If not, where are the nearest existing improvements?:
yes
no
yes
no
f\
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...
8. Describe the existing adjacent improvements (marginal,
separated, rolled curb, etc. ) :
9. Is dedication required?
10. If yes, is dedication shown on site plan?
11. Are there other pending actions on this property
(Parcel Maps, Site Approvals, Use Permits)?
12. Has the Storm Drain Area Fee been paid?
13. Is the Park Impact fee due? Amount = $ 2..D~~ O~jr
Calculation: ,\ l- ..".... A"'J: I"" "~"\.-J
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DEPARTMENT COMMENT SHEET
SITE & ARCHITECTURAL COMMfITEE
PLANNING COMMISSION
Date Routed:February 4,1993
General Comments Due: February 12,1993
Preliminary P.c. Date: not determined
Rom TO:
Fire Department
Engineering
Building Division
PROJECT DESCRIPTION
Pre-application for a 31 unit townhome development on properties known as 346 & 356 Union
Ave. in a R-3-S(Mutiple Family Residential) Zoning District.
PROJECT INFORMATION:
Application No. not specified(Pre-Application)
Applicant: Mr. Chao Wu
Location: 346 & 356 Union Ave.
APN: 412-28-48,55
General Plan:High Density Residential
Zoning: R-3-S
Project Planner: Tim Haley
DEP ARlMENTAL RECOMMENDATION:
5tt P71l1C /-I6"D
Ref. No.
TELEPHONE CALL RECORD
DATE
Z/r~/9s
.
TIME
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C RECEIVED CALL
PROJECT 3lf 6 f JSb U If) I (j I'CJ J4 /J E .
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