1260 Burrows Rd. (95-11)
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ORCH A.\lO
CITY OF CAMPBELL
Public Works Department
Date:
october 5, 2001
TRANSMITTAL FROM THE PUBLIC WORKS DEPARTMENT
TO:
Ahmad Sobouti
1260 Burrows Road
Campbell, CA 95008
FROM:
Marlene Pomeroy, Department Secretary
SUBJECT:
Deferred Street Improvement Agreement - 1260 Burrows Road
We are forwarding the following:
COpy of Notice of Release regarding the Deferred Street
Improvement Aqreement previously recorded for 1260
Burrows Road.
Remarks:
J:\FORMS\CETRANS(EXCEL)
~~
70 North First Street' Campbell, California 95008-1423 ' TEL 408,866.2150 . FAX 408.376.0958 . TDD 408.866.2790
iO BE RECORDED VviThOUT FE.!:
SEe ION 6103 GO\'[f:i ;~. E 'T COUL
AT TFE REQUEST OF CITY ()F C',i,'PBi.:U
Recording Requested By:
City of Campbell
And When Recorded Return To:
City Clerk
City of Campbell
70 N. First Street
CampbelL CA 95008
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DOCUMENT: 15814314
2
Titles 1 / Pages
II H"" 111111111" III
Fees... No Fees
Taxes.
Copies.
AMT PAID
-.,.,15814314-
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Ci ty
ROE ** 01 1
8/07/2001
10:59 AM
(Space Above This Line For Recorder's Use Only)
NOTICE OF RELEASE BY
CITY OF CAMPBELL
NOTICE IS HEREBY GIVEN concerning the real property described in deed recorded
July 28, 1995, and filed in Book N39 of Official Records at page 70 in the office of the County
Recorder, County of Santa Clara, State of California, which property is commonly kno\'il1 as
1260 Burrows Road.
That, whereas, AHMAD S. SOBOUTI entered into a Deferred Street Improvement
Agreement with the City of Campbell, recorded June 8, 1998. Document 14223080, in the
Office of the County Recorder, County of Santa Clara, State of California.
That, whereas, said conditions of said Agreement entered into by Ahmad S. Sobouti
have been met to the satisfaction of the City.
That, Now Therefore, AHMAD S. SOBOUTI is hereby released from all requirements
contained in the agreement recorded June 8, 1998. Document 14223080, in said County
Recorder's Office.
IN WITNESS WHEREOF, said City has caused its name to be affixed by its Public
Works Director and City Clerk, who are duly authorized by Ordinance 1951 adopted September
2, 1997.
h:\projects\9802ph3overlay\ I 260burrows noticeof release(lllp)
C:le~
. Ro bert Kass
Public Works Director
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On
July 19, 2001
before me,
Marlene K. Pomeroy
(Notary Public)
personally appeared
Robert Kass
personally known to me (or proyed to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instnnnent and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by hislher/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.
d/(>>~/CVcfi--!
(Signature ofNo~rublic) .
(/
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MARlENE K. POME,<OY
:<~, Comm1zion # 12~84~ z
z --.;; ~; Notary Public - Califooua ~
z. . _
~ . '" Santa Claro County f
' MYComm.~May6,2llI3
-----.......-----------
Notice of Release
1260 Burrows Road
Ahmad Sobouti
(This area for notarial seal)
WtTHOl ~
TO 'BE RECORDED '.
SEOION 6103 OOVERNMe~ come
, QUEST OF CITY OF CAMPa!U
AT TI-lE RE ) DOCUMENT: 14223080
Recording Requested By: Titles' 1 / Pages. 6
) 11111111111111111 Fees . No Fees
City of Campbell ) Taxes.
) Copies.
-0014223080_
And When Recorded Return To: ) AMT PAID
) BRENDA DAVIS
City Clerk ) ROE ** 101
City of Campbell ) SANTA CLARA COUNTY RECORDER 6/08/1998
Recorded at the request of 136 PM
70 N. First Street ) City
Campbell, CA 95008 )
DEFERRED STREET IMPROVEMENT AGREEMENT
THIS AGREEMENT, (identified as No. S 95-11), made and entered into this 5th
day of MAY , 19 98, by and between AHMAD S. SOBOUTI,
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 S 95-11 upon that certain real
property described in deed recorded July 28, 1995, and filed in Book N39 of Official Records
at page 70 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 1260
Burrows Road;
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
APPROVAL, it is hereby agreed as follows:
j .
(1) Owner shall provide, construct and/or install at his own proper cost and
expense, public street improvements within 12 months from th.e 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.
- 1 -
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 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 hl.at 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.
I.
(4) The construction work of the improvements embraced by this Agreement shall
be done in accordance widl 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 ensure 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
- 2 -
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 fmal 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, \'.'ill execute a
petition for the formation of any special assessment district created pursuant to any special
assessment act as provided in the Streets and Highways Code of the State of California created
for the purpose of constructing and/or installing any or all of said improvements.
(9) Owner, or his successors, shall participate in and become a part of any special
assessment district as described in paragraph (8) of this Agreement.
It is expressly understood that any obligations of Owner, or his successors, contained in
this Agreement that are accomplished to the satisfaction of said City Engineer by said special
assessment district shall be considered null and void.
; .
(11) To the fullest extent permitted by law, Owner, and his successors, shall
indemnify, defend and hold Lhe City of Campbell, the City of Campbell Redevelopment
Agency, 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 this 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
- 3 -
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.
(12) 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 1260 Burrows Road and the City's property, commonly described as
Burrows 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.
(13) Nothing contained herein shall be construed to transfer any unvested interests in
real or personal property for purposes of the rule against perpetuities.
(14) 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.
(15) This is the entire Agreement between the parties and there are no
representations, agreements, arrangements, or understandings that are not fully expressed
herein.
(16) 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 Public Works
Director who is duly authorized under Ordinance 11.24.040, and said Owner has caused his
name to be affixed the day and year first above written.
. ,
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Robert Kass
Public Works Director
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- 4 -
STAlE OF CALIFORNIA
COUNTY OF SANTA CLARA
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personally appeared -' ~\ ~ i' Y \.'}c -;0
On
before me, ~\:)VO L. ./~-n,-~O.f':')CI\ ~1YI\J+l.....
(NotaIy Public)
~{; L LY, )+- \
personally known to me (or proved to me on the basis of satisfactOlY evidence) to be the person( s) whose name( s) islare
subscnbed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir
authorized capacity(ies), and that by hislherltheir signature(s) on the instrument, the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
'WlTNESS my hand and official seal.
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i. Notary P\dc - CaIIfarD _
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(This area for notarial seal)
STAlE OF CALIFORNIA
COUNTY OF SANTA CLARA
before me,
{tn Y)e &, bee
(Notary Public)
On
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personally appeared
personally known to me (Of pmY~Q te me on the basis of satb&.tlJ1)' C\>ic:h..u.:e) to be the person(-s~wbose name(s) islare-
subscnbed to the within instrument and acknowledged to me that helsbe.4hey executed the same in bisIberItheir-
authorized capacity(ies-), and that by ~irsignature(~ on the instrument, the person(sr, or the entity upon behalf
of which the person(sTacted, executed the instrument.
~, d and official seal.
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(Signature of Notary Public)
~~""'.---"'''''.I'o..'''''''''''''''''l
~.~ ANNE SYBEE
i ~..... , .. Commission 1# 1086504 ;;;
~ -.: ;': NotalY PubUc - Caltfornla ~
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CITY OF CAMPBELL
Public Works Department
Date:
August 11, 1998
TRANSMITTAL FROM THE PUBLIC WORKS DEPARTMENT
TO:
Ahmad Sobouti
1260 Burrows Road
Campbell, CA 95008
FROM:
Marlene Pomeroy, Secretary
SUBJECT:
1260 Burrows Road
We are forwarding the following:
Recorded copies of the Notice of Release by City of
Campbell, Full Reconveyance, and Deferred Street
Improvement Agreement.
Remarks:
rJjW_&1/-LU~Y~r-
/ ~
Marlene pomeroy(!
c/
J:\FORMS\CETRANS(EXCEL)
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.376.0958 . TOO 408.866.2790
DOCUMENT: 14?QS3S7 Tit I es: I / Pages. 2
TO 81: RfCOROOD W}mOL ~ II II 11/,1 11I11111111 III Fees
SECION 6103 GOVERNMENT CODE · No Fees
AT TI.,"E REQUEST OF CITY OF CM/PBEll Taxes
Recording Requested by and ) ~0014285357~ Copies
F, When Recorded, Mail to: ) AMT PAID
) BRENDA DAVIS
City Clerk ) ROE t:I 012
SANTA CLARA COUNTY RECORDER 7/16/1998
City of Campbell ) Recorded at the request of 12:28 PM
70 N. First Street ) City
Campbell, CA 95008 )
(Space above this line for Recorder's Use)
NOTICE OF RELEASE BY
CITY OF CAMPBELL
NOTICE IS HEREBY GIVEN concerning the real property located in the City of Campbell,
Santa Clara County, California, and described specifically as follows:
That certain real property described upon that certain Agreement recorded June 7, 1996,
Document 13321939, in the Office of the County Recorder of the County of Santa Clara, State of
California;
That, whereas, Ahmad S. Sobouti has entered into that certain agreement with the City of
Campbell, recorded June 8, 1998 , Document 14223080 , in the
Office of the County Recorder, County of Santa Clara, State of California;
That, whereas, said Agreement entered into by Ahmad S. Sobouti supersedes that certain
agreement entered into by Ahmad S. Sobouti and the City of Campbell recorded June 7, 1996,
Document 13321939, in said County Recorder's Office;
That, Now Therefore, Ahmad S. Sobouti is hereby released from all requirements contained
in the agreement recorded June 7, 1996, Document 13321939, in said County Recorder's Office.
IN WITNESS WHEREOF, said City has caused its name to be affixed by its Public Works
Director and City Clerk, who are duly authorized by Ordinance 1951 adopted September 2, 1997.
CITY OF CAMPBELL
~~
Robert Kass, Public Works Director
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STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On
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R0ber~
La..) S
before me,
personally appeared
~J 11 <:: B, b 0e-c
(Notary Publi )
personally lmown to me ( . enee) to be the person(.s} whose name(s-) is/are-
subscnoed to the within instrument and aclmowledged to me that belshe/they executed the same in hisIherItheir
authorized capacity(ies); and that by hisIherftheir signature(s) on the instrument, the person(s);-or the entity upon behalf
of which the person(~ acted, executed the instrument.
~/Yhan&cial ~
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(Slgiiature of Notary Public)
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(This area for notarial seal)
TO BE RECORDED W1Tt:tOuT Fa:
SEC'ION 6103 GOVERNMENT COOL
AT THE REQUEST OF (tTY OF CAYP8Hl
Recording Requested By
/': And When Recorded Return to:
~, City Clerk
City of Campbell
70 North First Street
Campbell, CA 95008
DOCUMENT:
14285358
ties: I / Pages.
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11111111111111111111111
~0e14285358:o:
Fees ~ No Fees
Taxes
Copies,
AMT PAID
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
ROE j:I 012
7/16/1998
12:28 PM
(Space Above This Line For Recorder's Use)
FULL RECONVEYANCE
WILLIAM R. SELIGMANN, Attorney at Law, as duly appointed Trustee under Deed of Trust
hereinafter referred to, having received from holder of the obligations thereunder a written request to
reconvey, reciting that all notes and agreements secured by said Deed of Trust have been fully
satisfied, and said Deed of Trust and the notes and agreements secured thereby having been
surrendered to said Trustee for cancellation, does hereby RECONVEY, without warranty, to the
person or persons legally entitled thereto, the estate now held by it hereunder. Said Deed of Trust was
executed by AHMAD S. SABOUTI as original Trustor, and recorded on June 7, 1996, in Book P365,
at Page 546, Document Number 13321940 of Official Records of Santa Clara County, California.
Dated
5/1'-/1 Y'
W~ll'~R ~1'
1 lam . e 19mann
Attorney at Law
STATE OF CALIFORNIA l
COUNTY OF -S'Ct^ ~ 0 aJ:.c-
TRUSTEE
On -511 J..I (j ~ before me, the undersigned,
a Notary Public in and for said State, personally appeared
Lv. 1I1C\uY\ ~. It Ilji'nGf)(\
personally known to be (or-prov€la to Hie OR the Ba5is of
satisfaetery @viaeHee) to be the person whose name is
subscribed to the within instrument and acknowledged to
me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person, or
the entity upon behalf of which the person acted, executed
the instrument.
Signature
Name
'\.J
h:\landdev\sobouti2(mp)
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............................
i' ANNEEYBEE
..... " commtsslon' 1086504 ;;:
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Z ,. - Santa Clora coun1'1 .
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(This area for official notarial seal)
MEMORANDUM
To:
Michelle Quinney, City Engineer
cc. Marlene Pomeroy, Secretary
Jan~msleY, Deputy City Clerk
May 7,1998
From:
Date:
Subject:
Replacement of Street Improvement Agreement - 1260 Burrows Road
At the regular meeting of May 5, 1998, the City Council adopted Resolution 9373
authorizing the Public Works Director to replace an existing Secured Deferred Street
Improvement Agreement with Ahmad S. Sobouti concerning the installation of street
improvements at 1260 Burrows Road with an Unsecured Street Improvement
agreement. Please find a certified copy of this Resolution attached for your records.
I have forwarded the Unsecured Deferred Street Improvement Agreement, the Notice of
Release by the City of Campbell and the Full Reconvenyance to Marlene. She is in the
process of obtaining the necessary signatures. This office will then forward the fully
executed documents to the County Recorder's Office (to be recorded in the prescribed
order). We will of course ensure that you receive a copy of the fully recorded
documents as soon as they are returned by the County Recorder.
RESOLUTION NO. 9373
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE
AN UNSECURED DEFERRED STREET IMPROVEMENT AGREEMENT
FOR PROPERTY LOCATED AT 1260 BURROWS ROAD
REPLACING THE EXISTING SECURED DEFERRED
STREET IMPROVEMENT AGREEMENT
BE IT RESOLVED by the City Council of the City of Campbell, California as follows:
The Public Works Director is authorized to execute an Unsecured Deferred Street
Improvement Agreement with Ahmad S. Sobouti for the installation of street improvements at
1260 Burrows Road, to replace the existing Secured Deferred Street Improvement Agreement
with Ahmad S. Sobouti for improvements at 1260 Burrows Road, and to execute and record
all documents necessary to accomplish the replacement of the existing agreement and release of
the security.
PASSED AND ADOPTED this 5th day of May, 1998, by the following roll call vote:
AYES:
Councilmembers:
Conant, Furtado, Dougherty, Dean, Watson
NOES:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ANETTE WATSON
MAYOR
AU,)
~~~
Anne Bybee, City Clerk
. < \s A TRUE
",P','" RIG''''''\.
OREGCI'IG IN, Of 'THE 0
THE F REC1 COP"
",NO C~R\N 1\-1\3 0', ~. 'i CLERK. C'~
01'1 FIL ~ "1'.", C,T
5T: ANNE '~;LIFORN\p...
p..\lAPSE\~L, ,
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('Ill' uf Cam/luc>ll
City
Council
Report
(lIt. 11.,&0 eiM/U)"-'S
5 '1r-11
Item No.: 8.
Category: Consent Calendar
Date: May S, 1998
TITLE:
Replacement of Street Improvement Agreement - 1260 Burrows Road
(ResolutionJRoll Call Vote)
RECOMMENDATION
That the City Council adopt the attached resolution authorizing the Public Works Director to
replace an existing Secured Deferred Street Improvement Agreement with Ahmad S. Sobouti
concerning the installation of street improvements at 1260 Burrows Road with an Unsecured
Street Improvement Agreement.
DISCUSSION
On September 26, 1995, the Planning Commission adopted Resolution No. 2998 conditionally
approving a Site and Architectural application to allow construction of a new single family
residential dwelling at 1260 Burrows Road. The conditions of approval required that the
applicant, Ahmad S. Sobouti, execute a street improvement agreement for the eventual
construction of street improvements along the property frontage. The required improvements
include curb, gutter, sidewalk, pavement, street trees, a street light, driveway approach,
drainage facilities, and miscellaneous related improvements.
On May 21, 1996, Council authorized the Mayor to execute a Secured Deferred Street
Improvement Agreement with Mr. Sobouti to ensure the future installation of the required
street improvements. The security for this agreement was a Deed of Trust for the property at
1260 Burrows Road which was to be replaced by cash or another form of security upon
transfer of the property or within five years of the execution of the agreement.
On September 2, 1997, City Council adopted Ordinance No. 1951 which eliminated the
securities required for deferred street improvement agreements. Mr. Sobouti has therefore
requested that his secured improvement agreement be replaced with an unsecured agreement,
and that the Deed of Trust he executed as the security for the agreement be reconveyed.
The attached resolution authorizes the Public Works Director to execute an Unsecured
Deferred Street Improvement Agreement with Mr. Ahmad S. Sobouti, to replace the existing
Secured Deferred Street Improvement Agreement, to execute and record all documents
necessary to replace the existing agreement and to release the security.
FISCAL IMPACT
None with this action.
Replacement of Street Improvement Agreement: Page 2
May 5, 1998
ALTERNA TlVES
Do not approve the replacement of the existing agreement. This would require Mr. Sobouti to
fulfill the existing agreement and maintain the security required for that agreement.
Prepared by:
~{;1 .
~~
Public Works Director
Reviewed by:
Approved by:
Attachments: Resolution
Deferred Street Improvement Agreement
Notice of Release by City of Campbell
Full Reconveyance
Existing Secured Deferred Street Improvement Agreement
j:\MQ\LD\1260Burr
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CITY OF CAMPBELL
City Clerk's Office
RICI'"IO
MAY 89 _
PUtiLIC
4.DMINISr.VvR ORKs
AT/ON
May 28, 1996
Ahmad S. Sobouti
3020 Jenkins Avenue
San Jose, CA 95118
Dear Mr. Sobouti:
At its regular meeting of May 21, 1996, the City Council adopted
Resolution No. 8980 authorizing the Mayor to execute a Secured Deferred
Street Improvement Agreement for property located at 1260 Burrows Road.
Please find enclosed certified copy of this Resolution together with
certified copy of the Street Improvement Agreement and Deed of Trust.
Please do not hesitate to contact this office (866-2117) or Harold Housley,
Public Works Department, should you have any questions in r~gard to the
City Council's action.
Sincerely,
Anne Bybee
City Clerk
Enc.
cc.
, Public Works Department
jh
70 North First Street. Campbell, California 95008.14:23 . TEL 408.866.:2117 . FAX 408.374.6889 . roD 408.866.:2790
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CITY OF CAMPBELL
Public Works Department
May 20, 1996
Mr. Ahmad Sobouti
256 E. Hamilton Avenue, Suite J
Campbell, CA 95008
Dear Mr. Sobouti:
I have received your request for a waiver of the fees associated with the vacation of excess right-
of-way adjacent to your parcel at 1260 Burrows Road. The original dedication of public right-
of-way to approximately 30 feet from the centerline of Burrows Road was accomplished on
Parcel Map 641 M36/37 (recorded October 28, 1992). This parcel map was recorded to
accomplish the splitting of the original parcel into two individual lots, now known as 1260 and
1262 Burrows Road, and the dedication was a requirement of that lot split.
As you know, the San Tomas Area Neighborhood Plan (STANP), which became effective on
December 16, 1993, identifies Burrows Road as a Minor Collector with potential constrained
right-of-way conditions and suggests that a minimum right-of-way of 20 feet from centerline may
be adequate for future public street improvements. Your conditions of approval for constructing
a single family home on the property at 1260 Burrows Road included a suggestion that a street
vacation be applied for and indicated the current fee for this process, as set by the City Council,
is $550.
It takes substantial staff time to prepare the documents required for the vacation process. All
other vacations that have been processed as a result of changes identified in the ST ANP have
been paid for by the requesting property owner as is required by the ST ANP. Consequently,
your request for a fee waiver has been denied. I have enclosed a copy of our street vacation
application requirements for your review should you wish to initiate this process.
Sincerely,
~J~
City Engineer
cc: File S95-11
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2150 . FAX 408.379.2572 . TOO 408.866.2790
NEW PW FAX #
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Council
Report
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Item No.: 5.
Category: Consent
Date: May 21, 1996
TITLE:
Authorize the Mayor to Execute a Secured Deferred Street Improvement
Agreement for Property Located at 1260 Burrows Road (Resolution/Roll Call
Vote)
RECOMMENDATION
That the City Council adopt the attached resolution authorizing the Mayor to execute a Secured
Deferred Street Improvement Agreement with Ahmad S. Sobouti concerning the installation of
street improvements at 1260 Burrows Road.
DISCUSSION
On September 26, 1995, the Planning Commission adopted Resolution No. 2998 conditionally
approving a Site and Architectural application to allow construction of a new single family
residential dwelling at 1260 Burrows Road. The conditions of approval require that the
applicant, Ahmad S. Sobouti, execute an amendment to an existing deferred street improvement
agreement for construction of street improvements along the property frontage in accordance
with the design standards of the approved San Tomas Area Neighborhood Plan. The required
improvements include curb, gutter, sidewalk, pavement, street trees, a street light, driveway
approach, drainage facilities, and miscellaneous related improvements.
Since it is not conducive to the overall needs of the City to construct the improvements at this
time, the Conditions of Approval provide that the actual installation of the improvements should
be deferred until a more appropriate time in the future. The applicant is required to provide a
security guarantee in the amount of $24,000 to guarantee that the work will be done upon proper
notification by the City Engineer to proceed with the construction.
The initial security guarantee will be in the form of a Deed of Trost recorded in the second
position after the construction loan. The agreement provides that the Deed of Trost shall be
replaced by cash or other form of security acceptable to the City Attorney and City Engineer
upon transfer of the property or the passage of five years from the date of this agreement.
FISCAL IMPACT
None with this action.
Authorize Mayor to Execute Secured Deferred
Street Improvement Agreement: Page 2
May 21, 1996
ALTERNATIVES
Do not approve this agreement unless the applicant provides security in the form of cash, letter
of credit certificate of deposit, or other form of security acceptable to the City. Mr. Sobouti
states that he cannot provide these other forms of security because he is using his cash and other
assets to fInance construction of the house.
The Council could waive the security requirement, but this is not recommended at this time
without further study by staff and City Council.
Prepared by: (')j"~~ A' /
'-/~' ~~
Reviewed by: ~_duiu. &~M~~
CY'~5/ ~~
Reviewed by: ~ ~t_ _'
~7.~bliCW,.~o[ D' e tor
Approved by: ~ _
Ci anager
Attachments: Resolution
Secured Deferred Street Improvement Agreement
h: \ccr\1260Burrows(mp)
nle ~ is" -'I
12(00 glJ((ow~
Date: May 10, 1996
From: Ahmad Sobouti
256 E. Hamilton Ave
Suite J
Campbell, CA 95008
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To: Ms. Michelle Quinney
The City of Campbell
70 N. First St.
Campbell, CA 95008-1423
Re: Vacationing the 10' right-of-way
1:2116
Dear Ms. Quinney ~
Please accept this lette as formal request for vacation of the 10' ofland as part of the parcel that
is commonly known as 1 0 Burrows Road, Campbell, CA
In 1992, as part of the original street improvement plan intended for Burrows Road, a 10' strip of
land that was part of my property, located at the above address, was required to be dedicated to the
City of Campbell. On December 16, 1993 a new resolution was adopted reducing the existing right-
of-way from 30' to 20' from center line of street.
As part of Condition-of-Approval for my new proposed residence, it was suggested that I
apply for a street right-of-way vacation to bring my property line to the same location as before the
dedication, regaining the 10' of frontage that was taken away.
Due to the fact that I had to bear considerable unexpected and additional costs to secure a
Building Permit, and since there was a fee charged to require this strip of land at the first place, I
would like to respectfully request that the City of Campbell wave the processing fees that is
estimated for such vacation.
I would appreciate your immediate attention to this matter.
Respectfully submitted;
~w
Ahmad Sob ti
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1260 BURROWS - CHRONOLOGY OF EVENTS
APPUCATION: V 88-08, PM 88-8, S 92-01, EP 89-187, EP 90-207
APN # 406-16-73 & 74
ADDRESS: 1260 & 1270 BURROWS ROAD
APPLICANT: RICHARD McCLELLAND (FRANK MARTINEZ)
DATE: JUNE 15, 1992
APPLICATION: S 95-11 AND S 95-12
APN # 406-16-078
ADDRESS: 1260 & 1282 BURROWS ROAD
APPLICANT: LSI CONSTRUCTION/AHMED SOBOUTI
DATE: SEPTEMBER 11, 1995
- In 1984, the assessors parcel maps showed one lot for this property.
- In 1985, the assessors parcel maps showed two lots for the property. In March of 1985, Tim
Haley in Planning advised the property owner that unless they could demonstrate how this
lot had been legally split, the matter would be referred to our City Attorney. Planning's issue
with the two lots was that they were not in conformance with standards for minimum lot/flag
lot sizes.
- In July of 1985, the matter was brought to the attention of the assessor, who corrected the
assessor's maps to again show only one lot for this property.
- In 1987, the owners of the property provided deeds showing that the property existed as two
lots since before the City's subdivision ordinance was adopted, and that no legal actions had
been taken to combine the two lots. The property owners requested that a certificate of
compliance be issued for the two lots. Staff agreed, but the application for the certificate of
compliance was never filed and the process never accomplished.
- 9/13/88 - A variance was granted by the Planning Commission to allow a variance in the
minimum lot area width from 60' to 45' for the front parcel, and a minimum lot size from
11,000 to 8,782 sq. ft. for the rear parcel. The finding for allowing the variance was due
to the fact that the lots were created under the jurisdiction of the County and the necessitation
of the variance was brought about by the annexation of the properties into the City. This
variance also included a new location for the lot lines that more equitably split the property
into two lots.
- Also, at the same Planning Commission meeting, approval was granted for a tentative parcel
map to accomplish the lot line adjustment. It seems that normal procedures after the granting
of the variance should have been for the applicant to file a lot line adjustment. For some
reason, the applicant filed a parcel map to adjv.st the lot lines and i~gitimatize the two lots.
The applicant may have been advised to file a parcel map by previous staff members in order
for the City to impose street improvement and dedication requirements - since these cannot
be imposed on a lot line adjustment. The tentative map approval required installation of
street improvements and dedication of additional right-of-way.
1260 Burrows - Chronology of Events
Page 2
- 4/14/89 - An application for an encroachment permit and plans to install street improvements
were received (#89-187).
- The owner of the property decided to sell the two lots and wanted the new owners (Lemperts)
to pay for all costs involved in the fmal parcel map approval (fmal map fees, storm drain
fees, surety for the street improvement agreement, plan check and inspection fees and
refundable deposits) as well as having the new owner sign the street improvement agreement.
- The fmal map was prepared and signed by DCW on September 26, 1989.
- 9/26/89 - Encroachment permit plans were approved and put in pending. Street improvement
agreements were prepared for the new owners signature (Lemperts), a surety in the amount
of the engineers estimate of $15,200 was requested, plan check and inspection fees of $1,064
and a cash deposit of $608 were requested. Storm drain fees of $757 were also due before
issuance of permit.
- The original parcel map was given to California Land Title Company on October 12, 1989,
to be held in escrow along with instruction for recording - only to be done when and if
certain conditions were met. (i.e. those listed above, fees paid, agreements signed, etc.)
- 12/12/89 - The owner requested the encroachment permit # 89-187 be allowed to expire.
- 8/19/90 - Another encroachment permit application was filed (#90-207) for street
improvements.
- 9/7/90 - California Land Title returned the unrecorded original parcel map to us, stating that
the escrow was terminated and that the deal had not been completed.
- 9/23/90 - The Planning Director granted a one-year extension to the tentative parcel map,
extending the map until September 23, 1991.
- 3/18/91 - The encroachment permit application #90-207 expired.
- In February 1992 , another one-year extension was granted on the tentative map until
September 23, 1992. At that time, the applicant was advised that the City had recently
adopted a park impact fee ordinance that would apply to any new units that the property
owner may be proposing to construct on the property.
- 4/29/92 - The Planning Commission granted site (S 92-01) approval for the construction of
two single family homes on the property. Co~ditions of the site apW'oval included the filing
of the fmal map, storm drain fees, grading and drainage plans, installation of street
improvements, dedication, and park impact fees of $10,990 (one new unit @ $1O,990/each).
- June, 1992 - Other developments in the area made it reasonable for staff to try and put
together improvements required from developments with some City money to have
1260 Burrows - Chronology of Events
Page 3
improvements installed on the east and west side of Burrows. Applicant was notified but
worried that trying to combine project would delay them.
- 6/30/92 - JMH submitted final parcel map for checking.
- 7/31/92 - Agreements (requiring surety of $16,9(0) were sent to McClellands to satisfy
conditions of approval.
- 10/9/92 - Agreements return to City - signed/notarized by McClellands, no surety amount
indicated. Access easement also returned signed.
- 10/10/92 - Joe Montemayo applied for encroachment permit (#92-227) to install storm drain
per grading plan. Fees paid.
- 10/26/92 - Map signed by DCW, letter to McClellands requesting storm drain fee and park
fees to be due with S 92-01.
- 10/28/92 - Parcel map recorded PM 641 M 36/37.
- 12/7/1992 - Agreement to Council for execution - required security, however, no security
amount indicated. No security found in vault.
- 4/6/93 - Applicant requested permit to be voided.
- 4/29/93 - S92-01 expires.
- 9/2/93 - Access easements recorded.
- 2/16/94 - Refund check for 75% of plan check and inspection fees for Encroachment Permit
# 92-227 was prepared. Never picked up..
- 3/23/94 - Deferred Street Improvement Agreement recorded.
- 4/4/94 - Staff wrote letter to McClellands asking if deposits should be refunded.
- 6/14/95 - Faithful performance surety, cash deposit & 75% of plan check & inspection fee
for Permit #92-227 refunded and plan check deposit for EP #90-207 refunded.
- 8/30/95 - S 95-11 and S 95-12 filed.
-'
- 9/27/95 - S 95-11 and S 95-12 approved by Planning Commission.
J :\MQ\1260BURR.NTS
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CITY OF CAMPBELL
Community Development Department. Current Planning
September 27, 1995
Ahmed Sobouti
256 E. Hamilton A venue, Suite J
Campbell, CA 95008
Re: S 95-11 -1260 Burrows Road
Dear Mr. Sobouti:
Please be advised that the Planning Commission, at its meeting of September
26, 1995, adopted Resolution No. 2998, conditionally approving your Site and
Architectural application to allow a new single-family residential dwelling on
the above-referenced property. This approval is effective 10 days following
the Planning Commission's action, unless appealed in writing to the City
Clerk, and is subject to the Conditions of Approval provided in the adopted
Resolution.
If you should have any questions regarding the Planning Commission's
action or the.. Conditions of Approval, please do not hesitate to contact the
undersigned at (408) 866-2140.
Sincerely,
~~~
Gloria Sciara
Planner I
cc Public Works Department
Building Division
Enclosures: Resolution
70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2140 . FAX 408.379.2572 . T[)D 408.866.2790
RESOLUTION NO. 2998
/
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL FOR A SITE AND ARCHITECTURAL
APPROV AL TO ALLOW A NEW SINGLE RESIDENTIAL
DWELLING ON PROPERTY LOCATED T 1260 BOWS ROAD
IN AN R-1 (SINGLE FAMILY RESIDEN ' ONING DISTRICT.
APPLICATION OF LSI CONSTRUCTION. FILE NO. S 95-11.
After notification and Public Hearing as specified by law on the above-
referenced application as per the application filed in the Planning Department
and, after presentation by the Community Development Director, proponents
and opponents, the hearing was closed.
After due consideration of all evidence presented, yte Planning Commission
did find as follows with respect to File No. S 95-11:
1. The proposed dwelling is well designed and is architecturally compatible
with the surrounding area with the incorporation of architectural
enhancements such as porch element and mullioned windows.
2. The subject property is legal and non-conforming and is permitted to be
developed in accordance with the development standards of the R-l-6
zoning district.
3. The proposal conforms to the development standards of the R-1-6
Zoning District under the San Tomas Area Neighborhood Plan.
Based upon the foregoing findings of fact, the Planning Commission further
finds and concludes that:
1. The existing lot does not conform to the current General Plan of the City,
however, the lots were legally create prior to the adoption of the land use
designation of less than 5.5 units per gross acre. The development of the
property conforms to the intent of the General Plan allowing one single
family home on one lot.
2. The proposal is consistent with the zoning standards pertaining to non-
conforming lots, and
3. The proposed project will aid in the harmonious development of the
immediate area.
Planning Commission Resolution No. 2998
S 95-11 - 1260 Burrows Road
Page 2
The applicant is hereby notified, as part of this application, that he/she is
required to meet the following conditions in accordance with the Ordinances
of the City of Campbell and the State of California. Additionally, the applicant
is hereby notified that he/she is required to comply with all applicable Codes
or Ordinances of the City of Campbell and the State of California that pertain
to this development and are not herein specified.
1. Approved Project: Approval is granted for a Site and Architectural
Review Permit allowing a new two story single family residence located
at 1260 Burrows Road. Project approval shall substantially comply with
project plans prepared by Ron Dick dated September 20, 1995, except as
modified by the Conditions of Approval herein.
a. Color Board: Applicant shall submit a color board for exterior
building colors for review and approval by the Community
Development Department prior to issuance of building permits.
2. Park Impact Fee: The applicant shall pay a park impact fee of $10,990 for
the new single family residence prior to certificate of building occupancy.
3. Landscape Improvements: Per the San Tomas Area Neighborhood
Plan, Provide one tree for every 2,000 square feet of lot area. Trees
varieties, irrigation and related improvements shall be subject to review
and approval by the Community Development Department prior to
issuance of building permits.
ryv1w() Streets and Related Improvements:
IfU tA. Install curbs and gutters at 11' from centerline along the property
frontage.
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Install sidewalks 4.5~ wide along the property frontage.
Install drive~ays.
Remove and replace 95 feet of pavement and 2 foot conform strip
west of centerline.
j,/K:
Install one street light in accordance with City of Campbell Street
Lighting Policy and San Tomas Area Neighborhood Plan.
Planning Commission Resolution No. 2998
S 95-11 - 1260 Burrows Road
Page 3
;;';1 ill4~" . / FLandscape Improvements: Install trees, irrigation and related landscape
l!~~1i tJ&7 improvements in the public right-of-way per Title 11 of the Campbell
:,vI r Municipal Code and the ~aiil'omas Area Neighborhood Plan.
/It).---/6. Screening of Utility Facilities: Screen all above ground utility
(//V equipment within the public right-of-way and on private property to the
satisfaction of the Community Development Director.
('.71 J~. Street Improvement Plans: Provide Street Improvem~n~ior
r /.; F U review and approval by the City Engineer fo~l imp~vemen~Jlnd_
landscaping within the public right-of-way. [{:ttm' a-e19JCJlttt'~f7L
rD, tf} 0 8. Grading and Drainage Plans: Provide grading and drainage plans for
: (( review and approval by the City.
'PiJfY-- 9.
,pw12/~~/lo. Hydrology and Hydraulic Calculations: Provide hydrology and
hydraulic calculations as required by the City Engineer.
11 "~)Structural Section Design: Design a pavement structural section based
V on a traffic index per the Traffic Index table provided by the City Traffic r
Engineer, a soils report provided by the applicant ~atjtd /
information as determined by the City Engineer. $/tt?L tUfu~tff(.&~
-I / ~A1<-/ ~L-~-t~
f) tv D 12. Registered Civil Engineer/Land Surveyor: Cause~l~, speciHcations,
r calculations, reports and designs for street improvements and grading
and drainage improvements to be prepared and sealed by a Civil
Engineer, Land Surveyor or Architect, as applicable, licensed in the State
of California and submitted to the City Engineer for approval. ~ :J'L-r" v- jl
,?t'tt?hl'
1wD13. Standard Specifications & Details: Comply with the City of 'm ell
Standard Specifications and Details for Public Works Construction.
17 /)) ~ treels and Sidewalks: Comply with Title 11 of the Campbell Municipal
Code concerning Streets and Sidewalks.
Storm Drain Design: Design of improvement plans for storm water
conveyance facilities shall be based on a 10 year storm frequency.
r1uJ /15. San Tomas Area Neighborhood Plan: Comply with the San Tomas
y 1) Area Neighborhood Plan design standards.
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1WP 17.
1> Lv 1) 18.
'i? D 19.
1w-D 20.
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Planning Commission Resolution No. 2998
S 95-11 - 1260 Burrows Road
Page 4
16. Disability Standards: Comply with the Americans With Disabilities Act
and the California Disability Access Regulations, whichever applies.
Right-of-Way Dedication: The street right-of-wa width is currently 30'
from centerline for the parcel. The applic i 5 ourd~apply for a street
right-of-way vacation to reduce the existing rlg ~ay from 30' to 20'
from centerline. The current fee for this vacation is $550.
Title Report: Furnish current Preliminary Title Report. ~;n0 ~
Underground Utilities: Install electrical, telephone and cable television
facilities underground, in accordance with the provisions of Chapter
20.36.150 of the Campbell Municipal Code and as required by the City
Engineer, prior to occupancy.
21.
Utility Construction Coordination in Public Right-of-Way: Submit a
Utility Coordination Plan and Schedule for approval by the City
Engineer, for installation of electrical, gas, telephone, cable television,
sewer, water and storm drain improveme~, (). mi~iz~ ~mage to. tL:I' cf
City streets, sidewalks and related facilities. " ~. ~'l./to .t'dd~~ ~J
v
Sanitary Sewer Service: Install a sanitary sewerage system to serve all
lots in. conformance with the requirements of the West Valley
Sanitation District.
22. Water Service: Install a water distribution system to serve all lots in
conformance with the requirements of the San Jose Water Company.
23. Other Utility Services: Install electrical and gas services in conformance
with the requirements of Pacific Gas & Electric Company. Install
telephone services in conformance with the requirements of Pacific Bell.
Install cable television facilities in conformance with the requirements
of TCI Cable.
24. Park Impact Fees and~Clr!< Land Dedication:p .,' Dedicate lapd or pay fee in
lieu of dedication,(pfior tci}ssy.a!ice'glCi lf1J.ildi:tl~ as required by
Chapters 13.08 and 20.24 of the Campbell Municipal Code. This
condition is not applicable if the fee has been previously paid.
1IJXV
Planning Commission Resolution No. 2998
S 95-11 - 1260 Burrows Road
Page 5
25. Security: Provide guarantees to design and construct all public
improvements by cash, bonds, letters of credit or other legal instruments
acceptable to the City Attorney. Appropriate adjustments in the security
will be made as a result ~J>l'i3>_~~~ provided a~-agreem~I\t$
execu ted for the subject parcel. -
1 Wj).~i.street Improvement Agreement: Complete and record an
'V amendment to the existing City of Campbell's Deferred Street
~-1mprovement Agreement for construction of public improvements.
1uJ V 29.
27. Encroachment Permit: Obtain an Encroachment Permit for parcel, pay
fees and deposits, provide bonds and insurance certificates for all
construction within the public right-of-way. Encroachment Permit
inc1ud~ one year es>St-construction, maJntenance period requirements.
28. Dust 'Control:;;Pleme~;q~~;~~ {ay Area Air Quality
Control Management District including ~~ following mitigation
measures:
A. Water all exposed or disturbed soil surfaces to control dust, as
necessary, but not less than twice daily;
B. Water areas of digging and grading operations;
C Suspend grading or other dust producing activities during periods
of high wind;
D. Water or cover stock piles of soil debris, sand and other dust
producing material;
E. Sweep construction area and surrounding streets daily.
F. Cover trucks with tarp during hauling.
30.
Co ion Prior to Occu anc:, Complete cO,nstruction of all required IJ'
olf-sit~/and on-site improvemen 'or ~ oc~ o~iln structure. ~--A _ f/${;
____/ /j"uL aatt .~ '(, ll-
Residential Fire S rinkler S ste : Provide an appro d res~al fire
sprinkler system throughout. NFPA 13-D, 1989 edition. v
rv !f} r
1~9
fD 32.
Planning Commission Resolution No. 2998
S 95-11 - 1260 Burrows Road
Page 6
31. All-Weather Surface Driveway: The driveway for the project shall be
provided with an approved all-weather surface prior to issuance of any
building ~er~~ The fire d~trict shall inspect the driveway for
complianc~#U"/ ~ G r
Driveway Gates: Any gate constructed across the driveway shall be
provided with an approved fire district key locking device. Contact
Central Fire for an application.
PASSED AND ADOPTED this 26th day of September, 1995, by the following
roll call vote:
AYES:
Commissioners:
Alne, Higgins, Jones, Kearns, Meyer-
Kennedy
None
Lindstrom, Lowe
None
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
APPROVED:
Jane Meyer-Kennedy, Chair
ATTEST:
Steve Piasecki, Secretary
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