1260 Burrows Rd. (88-8)
H 3 6 I PA GE 2 0 9 " /
12415590 /
IflCED fQR ftt~QfUJ
AT ,REQUEST OF
C i +~ ~~ Ca. h1pbeJ
MaR 23 1111 AH '9~
TO BE RECOllom WlTltOUT FE!
SECTION 6103 GOVERNMfNT COD!
I. T T~;;: P;:QUE~T Or CiTY Or CAMPfiEll
<<<v <v
~O
CITY OF CAMPBEl(
70 N. FIRST STREET
CAMPBELL, CA 95008
DEFERRED smmr IMPROVEMENT AGREEMENT
OFFICL'Il RECORDS
SANTA CLI\iU, COUNTY
B It [ ;; D\ :', /, III S
(1[CCfI"ER
. 'lHIS.AGREEMFNI' (identified as No.Pld 335) mde am Ii E eEl" E !D
entered 11100 thi,s ~_ cay ...,f' ~r1{)~'t I 19~, ~F ~ M'1l .
betTNeen RIaJAlID G. McCl.E:uANi:> and KAREN M. ~ F.T J ~, husband 11 Y 1 8 1,0
and wife, as Joint Tenants hereinafter referrai to as "owner," p . .' .:194-
and the CITY OF CAMPBEIL, a nnmicipal corporation of the COlmty 4D~lJiN".' v". ,
of Santa Clara, state of California, hereinafter referred to as ISrRA Tlo,
"city."
WHEREAS, On September 19, 1988 city granted corrlitional approval
of Parcel Map EM 88-08 upon that certain real property described
in Deed filed ~~ 24, 1990, in Book L 574 of santa Clara
County Official Records at page 1296, and O-~IUI",Blly known as,
1260 Burrows Road which property is hereinafter referred to as
"said real property":
WHERFAS, compliance with the terms am corrli tions of
this agreement are corrlitions to the final approval of
above-described application to divide said real property into
bx> lots:
NCM, 'lHEREFORE, m CDNSIDERATION OF '!HE
AOOVE-MENl'IONED APPROVAL, am satisfaction of the ccntitions to
that approval,
(1) owner shall provide, construct am/or install at
l'\i ~ crm. ~ cost and ,expen~, !,1bli.c ::ouest i:q;Jrovements as
described in section 11.24.040 of the city COde within 12 m:mt:hs
fram the date when or.rmers or their S1..1OCeS-50rs are notified to do
so by the city Engineer. .
(2) All of said i:q;Jrovements shall be oonstructed
am/or installed within 12 11D1ths frail the date that owners, or
their suocessors, are notified by said city ED1ineer to do so:
provided hcMever, that in the c:xmp.rt:ation of said twel ve-11Dl'11:h
period, delays due to or caused by acts of God, viz., mmsually
inclement weather, major strikes, and other delay beyorKi the
control of owners shall be excluded.
It is expressly un:ierstood am agreed to that if CMner shall
fail to complete the \o.m'k ~ 'at this Agreement within the
said 12 11DI1th period, the city I after givirg ten (10) days
written notice thereof to Olmer, or his suoces-'$l'1T'S, may
construct am/or install said iJDprovements am reoover the full
CDSt am expense thereof :fran owner, or his ~.
It is further expressly umerstood that the pJrpOSe of this
~ 3 6 I Pft GE 2 0 93
. .
agreement is to defer construction of the above-JIentioned
improvements until sane future date more oonduci va to tha
overall needs of the city of ca~11. In keepinj with this
understarxting, the right of the city to give arrj of the notices
specified herein in Section (2) of this Agreement to install
such i.mprcveme.TTts, or to re:;r.rlre oonstruction or installation of
such improvements, or to install such i.mprovements itself am
recover the costs thereof shall not be barred by the pas-~ of
time or delay by the City I blt shall renain open am enforceable
i.mefinitely am forever. It is also uOOerstood that the passage
of time or arrj delay caused l:7f the city shall oot relieve the
owners, or their successors, from perfannance unjer this
Agreement, l:1It that the owners I am their SUIXeS'3OI'S, shall
remain l:xJurrl indefinitely am forever. Arrf in::reased
construction or preparation costs caused as the result of the
pass<;tge of time shall be the respollSibility of the owners, and
their suocessoI'S.
Nothing herein shall be ~ to prohibit constructial of said
i.mprovements prior to notice l:7j the city Engineer to corE:>1:.ruct
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 am expense ~ plans for the constructial
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
subnitted to the city Engineer for examination and approval.
All of said improvements shall be oanstructed and/or
installed in aa::xlt'dance with these plans awroved l:7j the city
Engineer am shall be made unjer the supervision and inspection
am to the satisfaction of the city ED)ineer. Said construction
and/or installation shall be in accordance with the existing
ordinances am resolutions of the city of ~lIqll1ell and to all
plans, specifications, star'dards, sizes, lines am grades
awroved l:7j the city ED1ineer, and all state am county statutes
applicable thereto. Upon cxmIpletion am acceptance of the
improvements l:7j city, owner, or his suxessnrs, shall provide
reproducible as-D1i.lt plans to the city Engineer.
( 4 ) 1he construction work of the improvements E!IIiJraced l:7j
this agreement shall be done in aocardance with the specifica-
tions of the city of (:A..,ll1ell am West Valley sanitatial
District, where i.rdi.cated.
(5) Prior to approval of the plans by the city Erijineer
p.IrSUBllt to Section (3) of this Aqrt::=Wl8llt, owner, or his
2
N 3 6 I PAGE 2 0 9 4
successors, shall pay to the city for examination of improvement
plans, field inspection of constructicm of i.mprovement:s and all
necessary expenses incurred by city in carmection with said
improvements, a smn to be determined when said plans are
subnitted in accordance with the rules in effect at that time.
(6) owner, or his succes.c;nrs, shall file with City, prior to
o llIW'.enc:in;J work, surety, acceptable to city, to insure fUll am
faithful performance of the constructicn of all the
aforementioned improvement work, exclu:ting sanitary sewers am
water distri.b.ttion system. Said surety shall guarantee that
owner, and his successors, will correct arry defects which may
appear in said iJDprov'ement work within one (1) year fran the
date of acceptance of the work by city am pay for arry damage to
other work resulting fran the constructicn thereof, as well as
pay the cost of all laOOr am materials involved. '!his surety
shall remain in effect until one (1) year after date of final
aoceptance of said i.mprovement:s by city. Said surety aJOOt1l'It may
be redJ1Ced 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
obligatioos of owner, am his suocessars, oontained in this
Agreement shall be considered null and void.
(8) When called upon by city to do so, owner, or his
successars, will execute a petitiat for the formation of arry
sped A 1 asg9f?~ district created pIrSUaIIt to artj special
assessment act as provided in the SLLeets am Highways Code of
the state of california created for the PJrPOS8 of ~
and/or installing artj or all of said i.mprovement:s.
(9) owner, or his SUIXeSSOrS, shall participate in am
~ a part of artj special assessment district as described in
paragraP1 (8) of this Agreement.
It is expressly UOOerstood that arry obligations of CMner, or his
suocessors, oontained in this 1qLt:dDeIlt that are ~1 ished to
the satisfaction of said city Engineer by said special
asses.~ district shall be considered null am void.
(lO) owner, or his ~, shall make such deposits or
file such l:Jorm am enter into such ayLeement as required by
west Valley sanitatiat District to insure the installation of a
sanitary sewage system to serve said real property, and owner,
or his suocessors, shall file with city, upon execution of this
lqLeemeI a: , a letter from said Sanitation District stat.i.n;J that
owner, or his successors, have made
3
N ~ 6 I PA GE 20 95
such deposits or filed such l:x>ms am entered into such
agreements .
(11) owner, or his succes.50rs, shall pay to Pacific Gas ani
Electric ~ny any ani all fees required for installation of
undergrol1rrl wiring circuit to allelectr.oliers. within said real
property when owner, or his ~, is notified by either
the city Engineer or the Pacific Gas ani Electric ~ that
said fees are due am payable. owner's, am his S'I.JIXeSSOt'S' ,
obligations umer this section shall not be relieved by delay or
the passage of tilDe, bIt shall remain bi.IXling indefinitely and
forever .
(12) owner, or his ~q")rs, shall make such deposits or
file such l:x>ms am enter into such agreement as required by San
Jose Water 0'Dpmy whtan called upon to do so to insure the
installation of a water di.st:ri.bItion system to serve said real
property, including fire hydrant. owner's, am his S1..lOCeSsors' ,
obligations umer this section shall not be relieved by delay or
the passage of tilDe, bIt shall him owner am successors
indefinitely ani forever.
(13) Any ea~ ani right of way within or without said
real propet.ty necessary for the ocmpleti.m of the ~
shown upon aforesaid i1nprovement plans shall be ~ by
owner, or his ~, at his own cost am expense. It is
provided, however, that in the event eminent tinrrAin pt'OCeErlirq;
are required for the pn:pose of sec::uri..rg said ~~ ani right
of way, owner, or his SlJOCeSSOrS, shall deposit or cause to be
deposited with city a sum covering the reasonable market value
of the land proposed to be taken am 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 SlDIIS as may
be required for legal fees am costs, ~ ani other
incidental costs shall be deposited with the city.
(14) owner, or his successors, shall carry out arrj am all
negotiations with all interested parties am shall perfonn or
cause to be performed at his own cost and expense ani to the
satisfaction of the city FhIineer arrj am all work required to
abIanXm, reDDVe, raise, lower, relocate and othe:twise m::xii.fy
irrigatim line or lines within the I:Jo\JOOary of said real
property .
(15) 'lb the fullest extent pemi.tted by law, owner, ani his
succes,c;ors, shall i.rdemnify, defen:i ani hold the City of
~l, and its agents, eqlloyees, attorneys, officers,
officials am assignees hamless frail arrj am all claims,
damages, losses and expenses, including, l:L"t not limited to,
attorneys' fees, arisirg out of, or resulti.r'g frail arrj negligent
4
H') 6 I PA GE 2 096
or intentional act or omission (including misconduct) of said
owner, or his SU~, or arry sutx:xmtract:or, or anyone
directly or iOOirectly employed by hiln, or anyone for whose acts
any of them may be liable in the course of perfonnance of the
AgreeItelt.
'!he owner, am his successors, shall also :irxiemnify, deferrl am
hold the city of Camp:>ell, and its agents, attorneys, employees,
officers, officials, am assignees harmless against am fran arry
and all claims, demands, liabilities, losses, lawsuits,
judgments, damages, costs am expenses (including, bIt not
limited to, attorneys' fees and court costs, whether incurred at
trial, appellate or administrative levels) which the city of
~~ll may incur or suffer, or to which the city of C'A'"1Cell
may be subjected resulting from the failure of CMner, or his
successors, or his agents, employees, suJ::;x::ont:ra, or anyone
perf~ services umer hiln, to fulfill any of the obligations
i~ umer this Agreement.
(16) It is ~ledged that the provisions of this Agreement
oonstitute covenants for the il1Iprovement of the subject real
property for the lIUtual. benefit of owner's property, o.,..",'l1lly
known as 1260 Burrows Road and the city's pLaperty, o.ll,..",mly
described as Bl1I'I'alJs Road where it adjoins owner's property.
'lhese covenants shall be considered to affect rights in the
above-described real ptoperti.es, am shall be bi.n:iirg on the
heirs, assigns, SlY'CeSSOJ:'S, am grantees of CMner to said real
property .
(17) Nothing contained herein shall be oanst:rued ,to transfer
any mwested interests in real or personal property for p1rp:)Ses
of the rule against perpetuities.
(18) In the event that owner, or his successors, should
breach arry of the terms, corrlitions, or covenants of this
Agreement, the City shall be entitled to recover, in aalltion to
any ather :relief available in law or equity, all costs incurred
in a~ to ciJt:ain enforcement of the Jaq:eemelit, or
~tion for such breach. 'lhese costs shall ioolude
reasonable attorneys' fees am 00L1rt costs.
(19) '!his is the entire Agreement between the parties, am
there are 00 representations, agzeements, ~ or
un:ierst:arrlin that are not fully expressed herein.
( 20) '!his Agreement can be executed in oomrt:erpart:s I:7:l the
parties hereto, am as so executed shall consist of one
agreement, bi.n:iirg em all the parties.
5
t' 6' PAGE 2 0 91
m WI'INESS WHEREOF, said city has caused its name to be affixed
by its Mayor and city Clerk, who are duly authorized by
resolution of the city Council, and said owner has caused his
name to be affixed the day and year first above written.
CITY OF CAMPBELL
APPROVED AS 'IO FORM:
~~~
~lliam R. gmann
city Attorney
()~~
Anne Bybee
city Clerk
~12.~
-Barber aD. -Conant
CMNER:
Richard G. McClellarxi
Ya;Lm m ~
Karen M. McClelland
6
'. .
'J . .. "
N3' 6'1 PA GE 2 0 9 8
NOTARY FOR INDIVIDUAL SIGNATURE
County of
Santa Clara
I
I ss.
I
STATE OF CALIFORNIA
On this 9th day of
October
, 19 E-, before me," Diane L. Urata
a Notary Public in and for the County of
Santa Clara
, State of
California, residing therein, duly commissioned and sworn, personally appeared
RICHARD G. McCLELLAND
and
KAREN M. McCLELLAND
~~~~+~XX~ti~Xl~~ (or proved to me on the basis of satisfactory evidence) to
be the persons whose name ~esubscribed to the within instrument and acknowledged
to me that RICHARD G. McCLELLAND and KAREN M. McCLELLAND executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal of
the aforesaid County and State the day and year in this certificate first above
written.
'Z/////////////////////////////////////////i'.
~ ~iJ.j DIANE L. URATA 8
~ /~. . ~ COMM. 952669 "=
~ ~ Z, - NOTARY PUBLIC - CALIFORNIA
. SANTA CLARA COUNTY ....
r.; ....0.. My Comm. Expires Feb. 15, 1996 ~
~///////////////////////////////////////;M
1Q,,- f ~
Notary~ in and for the
County of SANTA CLARA
State of California
My commission expires Feb. 15, 1996
"NOTARY SEAL II
~~
.
'.
NO FEE []],
12084100
t . . ....:., COPY: T~'is document ha~
.10t b:)~n-co'~1r;m~ed with the original.
SANTA CLARA COUNTY RECORDER
fiLEt; FOH RECORD
AT REQUEST OF
JEP Z /0 3b nH '93
DEnARATION OF OOVENANTS RffiARDING
ACCESS EASEMENT
SANT;:.\ CL }\H/' c'-C:tji~"-i-
LAURiE K...~JiF
:-,'; r:- (',/' ;_ " :--,
'lhese Covenants Regarding ~ Easement are entered into to be
effective this ~ day of OCTo ~ I 1992, by Richard G.
McClelland and Karen M. McClelland, hereinafter referred to as
DE!clarant.
Recitals
A. DE!clarants are the owners of Parcels 1 and 2 as shown
on that certain Parcel Map recorded the d8 day
of OCTn6EiZ :> 1992 in Book 6'1/ of Map:;, page5 3( f37
Santa Clara County Records.
B. DE!clarants have applied for a pennit to develop said
parcels.
C. DE!clarants by this document intend to bind themselves
am any successor owners of said Parcels 1 and 2 to an
easertalt for the purposes described below.
NaV 'IHEREFORE, it is agreed as follcx.vs:
1. DE!claration of Intent. 'lhe undersigned hereby declare that
Parcel 2 shall be sold, conveyed, encumbered, or leased,
subject to the following easenelt and covenant, which shall
nm with said real property and be binding on all parties
having any right, title or interest in the described
property, or any part thereof I their heirs I Sl1n0eSSOrs or
assigns and shall inure to the benefit of Parcel 1, and for
the purpose of ingress and egress only.
2. IDeation of Ease1oont: the westerly 140 feet of Parcel 2.
3. Maintenance of Ease1oont. Maintenance and upkeep of said
easements shall be shared by the owners and successive
owners of Parcels 1 and 2.
4. Covenants running with the land. It is the intention of the
!" GOING INSTRUMENT 18 A 'mUll undersigned that the foregoing DE!claration is and shall be a
~~~~ECT COpy OF THE ORIGIN..... covenant running with the land and its successive owners.
_E IN IHIS OFFICE.
.T ANNE BYBEE, CITY CLEN<. CITY
~~PBELL, C,6,I.IFORHI.... . \.e.J1- jl
a&tt ~\~j/ ~.~~( kl~A~J J;j 1J1taa
b 1)\ s \ l\~ ldchard G. McClelland
\ \
_ka^-m ~1 ft1 CCU~~tfiJ/Ld)
Karen M. M::Clelland
:? .;.
NOTARY FOR INDIVIDUAL SIGNATURE
STATE OF CALIFORNIA
County of
Santa Clara
f
~ ss.
~
On this
9th
day of
October
, 19 ~, before me, Diane L. Urata
a Notary Public in and for the County of
Santa Clara
, State of
California, residing therein, duly commissioned and sworn, personally appeared
RICHARD G. McCLELLAND
and
KAREN M. McCLELLAND
~~~~++~x~~~*~~~x~ (or proved to me on the basis of satisfactory evidence) to
be the persons whose name ~esubscribed to the within instrument and acknowledged
to me that RICHARD G. McCLELLAND and KAREN M. McCLELLAND
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal of
the aforesaid County and State the day and year in this certificate first above
written.
/Y ~/~ f l~ ;;i;.v
Notary ublic in and for the
"NOTARY SEAL"
County of SANTA CLARA
State of California
My commission expires Feb. 15, 1996
F-
CITY OF CAMPBEll
70 NORTH FIRST STREET
C AMP 8 ELL, C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
Department:
Public Works
October 26, 1992
Mr. & Mrs. McClelland
1260 Burrows Rd.
Campbell CA 95008
Re: Development at 1260/70 Burrows Rd.
Dear Mr. & Mrs. McClelland:
The intent of this letter is to provide you a summary of the Public
Work's fees applicable to your development.
Attached are copies of the conditions of approval, dated September
15, 1988 , that apply to the parcel map and the conditions of
approval, dated April 28, 1992, of 592-01 for the construction of
the proposed residence. Also attached is a copy of the receipt for
the fees that you have paid.
The parcel map required payment of a storm drain area fee and an
excavation permit fee. The receipt indicates these fees were paid
on October 12, 1992.
The conditions of 592-01 require, in condition No. 13 on page
three, the payment of a park impact fee in the amount of $10,990.
Our records indicate that this fee remains outstanding as of
today's date.
We hope this information is helpful to you.
;:;Jifu
Michael A. Fuller
Assistant Engineer
To:
CITY OF CAMPBELL
MEMORANDUM
mberly
Works Director
Date:
October 26, 1992
From: oan M. Bollier V
City Engineer 0
Subject: MC CLELLAND PARCEL MAP PM 88-8: 1260 BURROWS ROAD
The attached parcel map is submitted for your signature. It has
been reviewed by reference to the following:
1. J. Parr Subdivision A of Maps, Page 95
2. PM 440 M 11
3. ROS 101 M 47
4. Preliminary Title Report dated April 6, 1992
5. APN 406-16-73 & 74
6. Planning Department indicates they have no outstanding
conditions that would prevent recording the map.
The original map will be on Jim Penoyer's desk until signed.
f: 1260Burrows. ltr
\li\,J
\~\.
rr-
CITY OF CAMPBELL
70 NORTH FIRST STREET
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
Department:
Planning
March 23, 1992
Richard McClellan
1260 Burrows Road
Campbell, CA 95008
RE: PM 88-08
Dear Mr. McClellan:
In response to your letter dated February 21, 1992, please be advised that the
City Engineer and the Director of Planning have approved a one-year
extension of your tentative parcel map approval for 1260 Burrows Road. This
approval extends the approval of the Tentative Parcel Map to September 23,
1992, and is subject to the conditions stated in your approval letter dated
September 15, 1988.
Please note further, that the original approval did not require a payment of a
park-in-lieu of fee associated with the development of this property. The City
of Campbell currently has a park impact fee which would be proposed at the
time of the Site and Architectural Approval.
If you should have any questions regarding the specific park fee amount,
please contact Michelle Quinney in our Public Works Department at 866-2150.
If you should have any questions regarding the above extension of approval,
please do not hesitate to contact the undersigned at the Planning Department
at 866-2140.
Sincerel y,
~~
Tim J. Haley
Associate Planner
cc: PM 88-08
S 92-01
Michelle Quinney
RECEIVED
FEB 2 4 1992
February 21, 1992
CITY OF CAMPBELL
PLANNING DEPT.
City of Campbell
70 North First Street
Campbell, CA 95008
Dear City Engineer:
I am writing this letter to ask you for a One (1) year extension on my
parcel map (1260 Burrows Road).
I have had some unforeseen circumstances arise, which has delayed
me. The map expired on September 15, 1991. If this is possible,
please notify me of your decision by mail. My mailing address is:
Richard McClelland
1260 Burrows Road
Campbell, CA 95008
Sincerely,
~1n1{~
Richard McClelland
CITY OF CJ\M~jH~~tflLL
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
Department:
Planning
September 15, 1988
PM 88-08
(In Conjunction With File lj V 88-08)
(Approved by Planning Commission on: September 13, 1988)
APPROVAL OF TENTATIVE PARCEL MAP
LANDS OF Martinez
APN 406-16-72
SITE ADDRESS: 1260 Burrows Rd.
Final map thereof shall be filed with the City Engineer for examination,
approval and recordation in accordance with the provisions of the Subdivision
Map Act.
This approval is subject to the following conditions:
1. Soils report will be required and provisions must be made for the
control and drainage of surface water around buildings. 2905(a) 85
UBC.
2. Dedicate additional right-of-way to widen Burrows Road to 30 feet from
centerline.
3. Install street improvements across the frontage.
4. Pay storm drain area fee.
5. Submit 3 sets of grading and drainage plans to the City Engineer for
approval.
6. Obtain an excavation permit, pay fees, and post surety for all work in
the right-of-way.
APPROVED BY THE PLANNING DIRECTOR
O~ftLb/r~8
AR HUR A. KEE, PLANNING DIRECTOR
BY THE CITY ENGINEER
er 19, 1988
DON C. IMBERLY,
PUBLIC WORKS
MANDATORY FINDING: This Tentative Parcel Map, together with the provlslons for
its design and improvement, is consistent with the General Plan of the City of
Campbell.
CITY OF CAMPBELL
70 NORTH FIRST STREET
C AMP 8 ELL, C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
Department:
Planning
September 23, 1990
Mr. Richard McClelland
1260 Burrows Road
Campbell, CA 95008
RE: PM 88-08 - 1260 Burrows Road
Dear Mr. McClelland:
Please be advised that the Planning Director has granted a one-year
extension to the City's approval of the above referenced tentative
parcel map. This approval expires September 23. 1991, and is subject to
the conditions stated in your letter of approval dated September 15,
1988.
Also, please note that no further extensions may be granted and that the
further consideration of this issue would be based upon the standard
requirements in effect at the time of consideration.
If you should have any questions regarding this approval, please do not
hesitate to contact the Planning Department at (408) 866-2140.
Sincerely,
TS~
Planner II
cc: Public Works
Enclosure: Letter dated September 15, 1988
(
CITY Of CJ\M~~lttflLL
70 NORTH FIRST STREET
CAMPBELL. CALIFORNIA 95008
(408) 866-2100
Department:
Planning
September 15. 1988
PM 88-08
(In Conjunction With File # V 88-08)
(Approved by Planning Commission on: September 13, 1988)
APPROVAL OF TENTATIVE PARCEL MAP
LANDS OF Martinez
APN 406-16-72
SITE ADDRESS: 1260 Burrows Rd.
Final map thereof shall be filed with the City Engineer for examination.
approval and recordation in accordance with the provisions of the Subdivision
Map Act.
This approval is subject to the following conditions:
1. Soils report will be required and provisions must be made for .the
control and drainage of surface water around buildings. 2905(a) 85
UBC.
2. Dedicate additional right-of-way to widen Burrows Road to 30 feet from
centerline.
3. Install street improvements across the frontage.
4. Pay storm drain area fee.
5. Submit 3 sets of grading and drainage plans to the City Engineer for
approval.
6. Obtain an excavation permit, pay fees, and post surety for all work in
the right-of-way.
APPROVED BY THE PLANNING DIRECTOR
O~~be;j:9~8
AR HUR A. KEE. PLANNING DIRECTOR
BY THE CITY ENGINEER
er 19, 1988
DON C. IMBERLY.
PUBLI C WORKS
I
L_
MANDATORY FINDING: This Tentative Parcel Map, together with the prOV1S1ons for
its design and improvement. is consistent with the General Plan of the City of
Campbell.
~o.LA:_I;' ~ ~~ ~~
~'HC4' - - -7 -. - / OF SANTA CLARA COUNTY
City of Campbell
70 N. First St.
Campbell
Attn: Jim Penoyer/Engineering Dept.
September 7, 1990
RE: Parcel Map/Martinez
Your 1188-08
Our //269664
Dear Jim:
For your safekeeping I'm returning the enclosed original
fully executed parcel map (only notation of the trustee's
corporate name would have to be made).
Mr. Martinez is cancelling his escrow with us and taking the
property off the market. At some point he will probably want
to record the map, but as there are unresolved City
agre~m~nt, bond and fee issues the map is best placed in
your hands. This will release us from your instructions of
Octob~r 12, 1989 (copy enclosed).
Please let me know if I may be of further assistance.
Sincerely,
__,~;:;..~~<,,~~ ,{/ J
. C/ c:- /(
Tom< udd
Subdivision Manager
Asst. Vic~ Pr~sident
encl.
1900 THE ALAMEDA
SAN JOSE, CALIFORNIA 95126
(408) 296-4500
A 9/J~ of $oundeM /Yak rJW<</t
D?~ TE:
8--::::;---90
REC~DVED
i~U COG 1990
Public Works/Engineering
City of Campbell
70 North First Street
Campbell~ CA 95008
Dear City Engineer:
I am writing this letter to ask you for a 1 year extension
on my Par-eel t1ap ( 1260 Burro\;OJs F:d.). I had somf.~ unf olreseen
circumstances arise last year which delayed me a bit. The Map
expires September 15~ 1990.
If possible could you please notify me by mail
decision. My mailing address is:
Richard McClelland
1260 Burrows F:d.
Campbell~ CA 95008
on -y'OUt--
Sincerely~
RutuvS 1f1c~
Richard McClelland
CITY OF CAMPBEll
70 NORTH FIRST STREET
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
Department:
Public Works
October 12, 1989
Mrs. Joann Cuneo-Daw
California Land Title Company
100 Saratoga Avenue
Santa Clara CA 95051-7305
Re: Escrow No. 269664 JEC
Dear Joann:
Attached is the original Parcel Map No.8S-0S resubdividing the
property at 1260 Burrows Road. The map is presented to you for
recording if and when the following events occur:
1.
You receive two fully executed and notarized copies of the CO~~l-
agreement designated Pld 33A from Dennis Alan Lempert. ~- a.tfct.chu:J\
Please verify that the name of the owner on the agreement
coincides with the person taking title to the yroperty.
2.
You receive a performance bond in the amount of $15,200.00
as surety for the agreement.
3.
Payment is made to the City of $757.00 for storm drainage,
$1,064.00 for Plan Checking and Inspection, and a refundable
cash deposit of $608.00 for a total of $2,429.00.
Upon recordation of the map forward an endorsed copy of the map, both
copies of the agreement with the bond, and the storm drain fee to
James Penoyer, City of Campbell at 70 North First Street, Campbell
CA 95008.
Also enclosed is an agreement to create an access easement across
parcel one for the benefit of parcel two. Please record this easement
after the map has been recorded but before the deed to the new owner
has been recorded.
If you have any questions please contact the undersigned.
J::::.:r jJ~
Engineering Technician
TO: . City Clerk
..
1
PUBLIC W"\S FILE NO. --Eb1 ~f-'r- Or
Please collect & receipt
for the following monies:
ACCT ITEM AMOUNT RECEIPT NO
35-3396 Project Revenues (specify project) $
Public ~s Excavation Permit Fees: R-1: Other:
, 3372 Application Fee ($ 35) ($ 50)
3521 Plan Check Deposit ($500)
3521 Faithful Performance (Cash) Deposit (100% of)
(ENGR. EST)
3521 Other Cash Deposit (specify) ($200) (4% of FPB)
($500 min.)
3372 Plan Check & Inspection Fee (7% of FPB)
($ 35 min.)
3373 Project Plans & Specifications ($10)
3373 General Conditions, Standard Provisions &
Details ($10 or $1/page)
3373 "No Parking" signs ($1/ea. or $25/100)
3373 Work Area Traffic Control Handbook ($5)
3373 Traffic Flow Map ($10)
3380 Traffic Data Services ($40/hr. + material costs)
3373 Map Revisions to Map Companies ($10)
3373 Copies of Engineering Maps & Plans ($.50/sq. ft.)
3520 Fire Hydrant Maintenance ($ 195/ea.)
72
3372
3372
3372
3372
3372
3370
3395
Tentative Parcel map Filing Fee ($350)
Final Parcel Map Filing Fee ($300)
Tentative Tract Map Filing Fee ($400)
Final Tract Map Filing Fee ($350)
Lot Line Adjustment Fee/Certificate of Compliance ($350)
Vacation of Public Streets and Easements ($500)
Assessment Segregation or Reapportionment
First Split ($500)
Each Additional Lot ($150)
Environmental Assessment:
Categorical Exemption ($500 plus actual cost
Negative Declaration above $500)
Storm Drainage Area Fee per Acre (R-1, $1,875; Multi-Res.,
$2,060; all other, $2,250)
Park Dedication In-lieu Fee per Unit ($1,132)
>OcD~ .-'/,c;-Q
3380 Public Works Special Projects
3510 Postage
~
$ --SOD r---
TOTAL
PERMITTEE f~" b 7 <; <> 1/ M~r-l"rlP-7-
NAME OF APPLICANT
PHONE
214 r' cr6 '32-
9' So jru
.
ADDRESS'2- ) "'5 .:J; 17 A v~ S /)." -\- az. C. lCQ Y' q
'~
)f -
S;U/iC;
FOR
CITY CLERK
ONLY
@M
CLP
ZIP
RECEIVED BY
DATE
STEVEN A. ARNOLD - C' :ngineer, Inc.
1671 THE ALAMEDA, SUITE 305 . SAN JOSE. CALIFORNIA 95126 . TELEPHONE (408) 286-9111
August 22, 1989
RICIIVED
AUG 22 1989
Frank Martinez
2165 Bray Avenue
Santa Clara, CA 95050
Public W orb/ Engine.rlng
SUBJECT: Preliminary soils letter for
the single family building
site at l260 Burrows Road,
Campbell, CA APN 4061673 & 74
Dear Mr. Martinez:
During the month of July 1989, I made an on-site inspection of the
subject site in order to determine the type of foundation necessary
for the proposed single family residence which will be constructed
at the rear of the subject site and a residence which may be used
to replace the existing residence at the site.
SITE
The subject site is located in the Southwesterly portion of the City
of Campbell immediately North of the city limit line of Los Gatos.
The two single family sites are situated on the Easterly side of
Burrows Road. The site slopes slightly down and towards Burrows Road
at an approximate slope of l%. An existing single family residence
is situated midway through the site and adjacent to the Southerly
side of the site. A lot line adjustment has recently been approved
by the City of Campbell and a parcel map depicting the lot line
adjustment has been prepared.
FOUNDATION RECOMMENDATIONS
The existing surface and subsurface soils are a rocky sandy silt
capable of supporting single family residential construction. The
existing silty soil will easily support l500 pounds per square foot
of bearing pressure provided all footings are constructed l8 inches
below any adjacent grade. Standard "T" concrete footings designed
in accordance with the minimum standards of the Uniform Building
Code may be used to support single family construction. Interior
spread footings supporting the floor and the interior walls should
also be constructed 18 inches below any adjacent grade. A #4 rebar
should be placed in the top and bottom portions of the perimeter
concrete footings.
STRUCTURAL DESIGN . LAND SURVEYING . BUILDING INSPECTION .
GENERAL CIVIL ENGINEERING SERVICES
Frank Martinez
August 22, 1989
Page Two
GARAGE SLAB CONSTRUCTION
Slabs on grade for the garage may be constructed directly on the
ground provided a 4 inch layer of rock is placed under the garage
slab. The garage slab should be poured independent of the garage
perimeter footing. The soil under the garage slab should be
saturated a minimum of 24 hours prior to the placement of the
concrete slab.
ON GRADE SLABS RESIDENTIAL USE
Should concrete slabs be used for the living areas of the structure,
a 4 inch layer of pea gravel must be placed under the slab along
with a waterproof membrane. A one inch layer of pea gravel should
then be placed on top of the waterproof membrane to support the slab.
Reinforcement of the slab should consist of #3 rebars placed 24 inch
on center each way. The slab must be connected to the perimeter
footing. The perimeter footing utilized in slab construction must
also be constructed l8 inches below any adjacent grade. The soil
under the slab should also be saturated prior to placement of
concrete.
GRADING AND DRAINAGE
The site must be graded so that all water runoff is directed away
from the existing and proposed residences. Cross slopes adjacent
to the residence must be a minimum cross slope of 2% and extend at
least 3 foot away from the structure. Water must not be permitted
to pond on site and all water should be directed Westerly towards
Burrows Road.
LIMITATIONS
Our services consist of professional opinions, conclusions and
recommendations made in accordance with generally accepted
geotechnical engineering principals and practices. This warranty
is in lieu of all other warranties either expressed or implied.
Should you have any questions regarding this report, please feel
free to contact me.
/Jfl
CERTIFICATE EXPIREb
9-30-89
Respectfully submitted,
Steven A. Arnold
Civil Engineer
CE2230l
SAA/dh
,..--
l
11/ / '6 <6
CITY OF CAMIJIJELL
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
Department:
Planning
September 15, 1988
PM 88-08
(In Conjunction With File # V 88-08)
(Approved by Planning Commission on: September 13, 1988)
APPROVAL OF TENTATIVE PARCEL MAP
LANDS OF Martinez
APN 406-16-72
SITE ADDRESS: 1260 Burrows Rd.
Final map thereof shall be filed with the City Engineer for examination,
approval and recordation in accordance with the provisions of the Subdivision
Map Act.
This approval is subject to the following conditions:
1. Soils report will be required and provisions must be made for the
control and drainage of surface water around buildings. 2905(a) 85
UBC.
2. Dedicate additional right-of-way to widen Burrows Road to 30 feet from
centerline.
3. Install street improvements across the frontage.
4. Pay storm drain area fee.
5. Submit 3 sets of grading and drainage plans to the City Engineer for
approval.
6. Obtain an excavation permit, pay fees, and post surety for all work in
the right-of-way.
BY THE CITY ENGINEER
er 19, 1988
MANDATORY FINDING: This Tentative Parcel Map, together with the prov1s1ons for
its design and improvement, is consistent with the General Plan of the City of
Campbell.
I
I
I
)
RESOLUTION NO. 2548
PLANNING COMMISSION
BEING AN RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A VARIANCE
TO THE MINIMUM LOT AREA AND LOT WIDTH ON PROPERTY
KNOWN AS 1260 BURROWS RD. IN AN R-1-10 (SINGLE
FAMILY RESIDENTIAL) ZONING DISTRICT.
(APPLICATION OF MR. STEVEN ARNOLD. V 88-08).
After notification and public hearing as specified by law on the
application of Mr. Steven Arnold for a variance to the minimum lot area
width from 60' to 45' for one parcel and a variance to the minimum lot
area from 11.000 sq.ft. to 8.782 sq.ft. for a second parcel on property
known as 1260 Burrows Rd.. APN 406-16-72. in an R-1-10 (Single Family
Residential. 10.000 sq. ft. minimum lot size) Zoning District. as per the
application filed in the Planning Department on August 23. 1988; and.
after presentation by the Planning Director. the hearing was closed.
After due consideration of all evidence presented. the Commission did find
as follows:
1. The subject lot is unique as created under the jurisdiction of
Santa Clara County.
2. The necessity for a variance is brought about by the annexation
of the property into the City of Campbell.
3. The lot line adjustment will provide a more equitable
distribution of property. and the resulting single family
developments will be in the best interest of the community.
Based on the above findings. the Planning Commission does hereby recommend
approval of the requested variance.
PASSED AND ADOPTED this 13th day of September 1988 by the following roll
call vote:
AYES:
NOES:
ABSENT :
Commissioners:
Commissioners:
Commissioners:
Kasolas. Olszewski. Walker. Dickson. Christ
None
Stanton. Perrine
APPROVED: Ronald W. Christ
Chairman
ATTEST: Arthur A. Kee
Secretary
MEMORANDUM
CITY OF CAMPBELL
'1'0: Arthur Key
Director of Planning
Date~ May 12, 1988
From: Donald C. Wimberly
Director of Public Works
Subject: Lot Line Adjustment Application
1260 Burrows Road.,
Attached is a letter from one of the owners at the subject address
with a map Showing a proposed lot line adjustment. Normally we would
recommend conditions of approval and forward to your office for
action but in this case we have reason to believe that the proposal
fails to meet certain sections of the Subdivision Code that your
Department administers. Would you please comment on the attached
proposal. We would be happy to transmit your remarks to the applicant
but if you think it would be better to communicate directly please
provide us a copy of your response.
The assessor has demonstrated an astounding inconsistency in the way
he has chosen to show the lot lines at this address. In March of 1985
Tim Haley advised the owner that the latest assessor's roll showed
two lots at this address unstead of one, as had been shown the
previous year. He advised them that the matter would be referred to
the City Attorney for action if they did not contact the Planning
Office to demonstrate that the lot had been legally split.
In July of 1985 the question of how the lots were created was brought
to the attention of the assessor. When the new roll was publiShed in
1986 only one lot was shown at this address.
In 1987 the owners supplied deeds showing that the property existed
as two seperate lots since before our subdivision code was adopted
and that no legal action had taken place to combine the two lots
since that time. At their request we agreed to issue a certificate of
compliance on the two lots; as two lots, upon their payment of the
appropriate fee. They never applied for a certificate. Now they have
submitted the application you have before you.
TO: City C I e rk
PUBLIC \oJ, "S FILE NO.
Please collect & receipt
for the following monies:
ACCT.
35-)396
3372
3521
.3521
ITEM
Project Revenues (specify project)
PubUc ('lOft/2/.> Excava.:tion PeJlr.lU FeeA:
Ap I i cat ion Fee
Plan Check Deposit
Faithful Performance (Cash) Deposit
R-] :
($'35)
($200)
OthVL :
($ 50)
"( 500
(4% of FPB)
($500 min.)
(T7c, of FPB)
($ 35 min.)
3372
Plan Check & Inspection Fee
3521 Other Cash Deposit (specify)
3373
3373
Project
General
&
:3372
372
3372
}372
3372
3372
3372
3372
Tentative Parcel Map Fil ing Fee ($350)
Final Parcel Hap Fil in F~e ($300)
Tentative Tract Map Fil ing Fee $ 00
Final Tract Map Fil in Fee ($350)
Lot Line Ad'ustment Fee/Certificate of Compl iance
Vacation of Publ ic Streets and Easements
Assessment Segregation or Reapportionment
Fi rst Spl it ($500)
Each Additional Lot ($150)
Environmental Assessment:
Categorical Exemption
Ne ative Declaration
Storm Drainage Area Fee per Acre Multi-Res.,
$2,060; all other, $2,250)
Park Dedication In-lieu Fee per Unit ($1,132)
3370
~395
3380 Publ ic Works Special Projects
3510 Postage
1~1-
AMOUtH
$
~
:> S....D
crt::'
NAME F yo A.... b t- L{!y-
ADDRESS -z. I ~ $'- E rc:& '1
TOTAL
M C\vt,"I.f< '--
~\l -(~ In 4. t6-.
$ -:3 S-D
PHONE 2- /( Lf - cr b J ::>
ZIP 9' J~O J....U
Ltc. va
FOR
C I TV CLERK
aiLY
RECEIPT NO.
/ <? cj, (!) I
~ ~"() 0_0
c.L yY)
'-1-)-7' ;pi"
AMC:IlIn' PAID
RECE , VED BY
DATE'
July, 1987
January 25, 1988
City of Campbell
70 North First Street
Campbell, CA. 95008
ATTN: PLANNING DEPARTMENT
PUBLIC WORKS DEPARTMENT
Dear Sirs,
My name is Richard McClelland and lawn the parcels located
on Burrows Rd. just south of Hacienda Rd. (A.P.N. 406-l6-73
& 74). I've had a drawing prepared of the sites as they
exist now and what I propose to do with them. As the
drawings indicate I would make a lot line adjustment moving
the rear lot line of parcel 73 exactly 63.43 feet west of
its existing location, giving parcel 74 more square footage
for developing purposes. As the lot is now it would be
extremely difficult to develope. I myself intend to build
and live on the rear lot (parcel 74). Please review these
drawings at your convenience. I'm open to any other
suggestions that the City might entertain in making parcel
74 more buildable.
Sincerely,
.~ 1l1c~
Richard McClelland