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Pruneyard Expansion Master Plan .. MEMORANDUM ,_.~~ ~A~~~:t~ \" "Y1 "-' i Date November ;\2~.~ {~: --. I t(^~ ; .., H::(C(Ll~'~;~ ~ I~ v () \ .,y_L',\fl"",'ij{'~1 \ c ;J'c?- \v1t~l~. 1 . ....--.---. 1;---.---- I 'l:--.,r< \ \.\ ! Lh">l. ......~_..- To: Bill Helms Engineering Manager From: Gary Kruger, Traffic Engineer Subject: Pruneyard Traffic circulation and Access Issues ---------------------------------------------------------- Don has asked me to briefly list the traffic circulation and access issues regarding the pruneyard and environs. There are four areas of concern, and they are interrelated. 1. Pedestrian Circulation: The pedestrian circulation system is deficient in several ways. First, there is no sidewalk along the north side of campbell east of Highway 17. Second, the high volume driveways intersecting with Bascom lead to driver inattention to pedestrians crossing in front of them with consequent adverse safety impacts. Third, the high intensity uses on both sides of Bascom create a need to cross pedestrians between Campisi and Campbell. However, there are insufficient gaps on Bascom for crossing without a signal, even if the pedestrian only crosses hal f of the road at a time. Likewise, the addition of housing units south of Campbell on Barbano, Michael Drive et al will also increase the desire for midblock crossing of pedestrians. These pedestrian needs should be addressed in any intensification of development at the pruneyard. 2. Vehicular Access: There are several operational and design problems at the various driveways at the Pruneyard. The north driveway on Bascom doesn't have sufficient unsignalized capacity for left turns out of the driveway. The south driveway on Bascom creates a confusing, ambiguous operation as southbound cars turning right onto Campbell are perceived by drivers leaving the driveway as trying to enter the driveway. The driveways just east of Union on Campbell are poorly located and interact improperly with the signal at Campbell and Union. GEK: CMBLMEMO.111 mt -rv\f- November 6, 1985 Mr. Arthur A. Kee Planning Director City of Campbell 70 North First Street Campbell, CA 95008 "~' Mr. Joseph Elliott Public Works Director City of Campbell 70 North First Street Campbell, CA 95008 t~,. ; .~' . f Gentlemen: ...:/ This will acknowledge receipt of your letter dated November I, 1985 and its contents. We, of course, have no interest in appealing your collective decision to the Planning Commission nor would we ever. I will spend some time considering the concept of intensity within the next week or two and perhaps get back to you with some suggested changes. 'i: ot "': Thank you for your courtesy and cooperation in considering our request. ;:l;;; 7;Jd' ~;;d Sahadi FS:as Telex No. 346463 1901 S. Bascom Avenue Suite 900 Campbell, CA 95008 Phone (408) 371-0811 Cable Address "Samar" MEMORANDUM ..-) \'-:'-)% ~". t- --~- CITY OF CAMPBELL To : Kevin Duggan, Ci ty Manager Donald Burr, Police Chief James Mt}fullen, Fire Chief Joseph Elliott, Director of Public Works Wallace Byron, Building Official Date: .March 8, 1985 From: Arthur A. Kee Planning Director Subj ect: Proposed expansion of the Lnmeyard office/retail complex (Pruneyard Diagrammatic Master Plan) ---------------------------------------------------------- The Planning Department has received a diagrammatic master plan to expand the Pruneyard. The submitted site plan indicates the construction of two twenty-story office buildings, each have 400,000 square feet and a five level subterranean parking garage, and the construction of a twelve-story (350 room) hotel complex with a three level subterranean parking garage. A copy of submitted site plan is attached for your infonnation. The applicant has requested that the City prepare a list of concerns which might be discussed or addressed in an Environmental Impact Report of such a proposed expansion of the Pruneyard. Your review of this preliminary proposal and a list of your concerns would be appreciated by the Planning Department, so that a letter responding to this request may be prepared. A meeting to discuss this proposal has been scheduled for Monday March 18, 1985, at 10:00 a.m. in the Manager's conference room. Your atte~dance or a representative from your department would be appreciated at this meeting. Please do not hesitate to call the Planning Department if you have any questions regarding this meeting. lj _.. _ .'_" ,.' _...~__.,~~._. _~_.' ,,_ n.-'~_""_ __ .~- ,_._.~.- ._, - - - II TICOR TITLE INSURANce . . PRELIMINARY REPORT llO West Taylor Street San Jose, CA 95110 (408) 292-4212 August 27, 1990 Fred N. Sahadi 1901 South Bascom Avenue Suite 900 Campbell, CA 95008 Attn: Your Ref: SOUTH BASCOM AVENUE CAMPBELL, CA Our No: 0593518 0000 Your No: pruneyard In response to the above referenced application for a Policy of Title Insurance, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or policies are set forth on the attached cover. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a Policy of Title Insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a Policy of Title Insurance, a Binder or Commitment should be requested. Dated as of August 9, 1990 Mary K. Finley at 7:30 a.m. Title Officer Escrow Officer The estate or interest in the land hereinafter described or referred to covered by this Report is a fee. Title to said estate or interest at the date hereof is vested in: FRED N. SAHADI and HELEN SAHADI, Husband and Wife, As Community Property as to Parcels Seventeen and Eighteen; FRED N. SAHADI, A Married Man As his separate property, as to an undivided 1/2 interest and FRED N. SAHADI and HELEN SAHADI, Husband and Wife As to an undivided 1/2 interest as. to Parcels One, Two, Three, Four, Five, Six, Seven, Eight, Nine, Ten, Eleven, Twelve, Thirteen, Fourteen, Fifteen, and Sixteen; and FRED N. SAHADI, A Married Man as to Parcels Nineteen and Twenty TlCor Trtle InSUfance Company of California fIJ TI,COR.TITLe INSURANce . APPLICATION NUMBER: 0593518 0000 At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions contained in said Policy Form would be as follows: 1. A. TAXES FOR THE FISCAL YEAR 1990-91, A LIEN NOT YET PAYABLE. B. A TAX DEFAULT FOR GENERAL, SPECIAL, SUPPLEMENTAL AND subsequent delinquencies for the Fiscal Year : 1989-90 Assessment No. : 288-04-004 Taxing Authority : County Tax Collector Amount to pay on or before: August 3l, 1990 $93l.30 SAID MATTER AFFECTS: A Portion of Parcel Seventeen C. A TAX DEFAULT FOR GENERAL, SPECIAL, SUPPLEMENTAL AND subsequent delinquencies for the Fiscal Year : 1989-90 Assessment No. : 288-04-0l0 Taxing Authority : County Tax Collector Amount to pay on or before: August 3l, 1990 $2,438.06 SAID MATTER AFFECTS: A Portion of Parcel Seventeen D. A TAX DEFAULT FOR GENERAL, SPECIAL, SUPPLEMENTAL AND subsequent delinquencies for the Fiscal Year : 1989-90 Assessment No. : 288-04-0ll and 288-04-0ll-71 Taxing Authority : County Tax Collector Amount to pay on or before: August 31, 1990 $140,534.57 SAID MATTER AFFECTS: Parcel Nine E. A TAX DEFAULT FOR GENERAL, SPECIAL, SUPPLEMENTAL AND subsequent delinquencies for the Fiscal Year : 1989-90 Assessment No. : 288-04-0l5 Taxing Authority : County Tax Collector Amount to pay on or before: August 31, 1990 $64,50l.91 SAID MATTER AFFECTS: Parcel One -2- TlCor Title Insure nee Company of California aD TICOR,TITle INSURANce I APPLICATION NUMBER: 0593518 0000 F. A TAX DEFAULT FOR GENERAL, SPECIAL, SUPPLEMENTAL AND subsequent delinquencies for the Fiscal Year : 1989-90 Assessment No. : 288-04-017 Taxing Authority : County Tax Collector Amount to pay on or before: August 31, 1990 $43,006.89 SAID MATTER AFFECTS: A Portion of Parcel One G. A TAX DEFAULT FOR GENERAL, SPECIAL, SUPPLEMENTAL AND subsequent delinquencies for the Fiscal Year : 1989-90 Assessment No. : 288-04-18 Taxing Authority : County Tax Collector Amount to pay on or before: August 31, 1990 $148.l7 SAID MATTER AFFECTS: A Portion of Parcel One H. A TAX DEFAULT FOR GENERAL, SPECIAL, SUPPLEMENTAL AND subsequent delinquencies for the Fiscal Year : 1989-90 Assessment No. : 288-04-0l9 Taxing Authority : County Tax Collector Amount to pay on or before: August 31, 1990 $148.l9 SAID MATTER AFFECTS: A Portion of Parcel One I. A TAX DEFAULT FOR GENERAL, SPECIAL, SUPPLEMENTAL AND subsequent delinquencies for the Fiscal Year : 1989-90 Assessment No. : 288-04-020 Taxing Authority : County Tax Collector Amount to pay on or before: August 3l, 1990 $l43.67 SAID MATTER AFFECTS: A Portion of Parcel One J. A TAX DEFAULT FOR GENERAL, SPECIAL, SUPPLEMENTAL AND subsequent delinquencies for the Fiscal Year : 1989-90 Assessment No. : 288-04-022 Taxing Authority : County Tax Collector Amount to pay on or before: August 31, 1990 $75,992.90 SAID MATTER AFFECTS: A Portion of Parcel One -3- TlCor Title Insurance Company of California '" TI,COR ,TITLe INSURANce APPLICATION NUMBER: 0593518 0000 K. A TAX DEFAULT FOR GENERAL, SPECIAL, SUPPLEMENTAL AND subsequent delinquencies for the Fiscal Year : 1989-90 Assessment No. : 288-04-023 Taxing Authority : County Tax Collector Amount to pay on or before: August 31, 1990 $4,929.24 SAID MATTER AFFECTS: A Portion of Parcel One L. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 2. THE FACT THAT THE OWNERSHIP OF SAID LAND does not include any right of ingress or egress to or from the highway contiguous thereto, said rights have been condemned by final decree of condemnation, a certified copy of which was Recorded Case no. April 2, 1958 Official Records 101429 In Book 4043 Page 543 SAID MATTER AFFECTS: Parcels One and Nine 3. COVENANTS, CONDITIONS AND RESTRICTIONS in an instrument Executed by : Recorded : March 28, 1969 In Book 848l Page 228 Official Records 4. AN EASEMENT affecting the portion of said land and for the purposes stated herein, and incidental purposes, In favor of : Valley Title For Motor Vehicles Ingress, Egress and Parking, Pedestrian Ingress and Egress and Utilities and related purposes Recorded March 28, 1969 In Book 848l Page 228 Official Records Affects As follows: The route of said easement as defined by a location of easements, recorded January 12, 1971 in Book 9185 Page 218 Official Records, is as follows: Parcel 1: A stri~ of land 10 feet in width, lying 5 feet on each side of the follow1ng described centerline: -4- TlCor Title Insurance Company of California fIJ TICOR TITLE INSURANCE . ' APPLICATION NUMBER: 0593518 0000 Beginning at the intersection of the centerlines of Campbell Avenue and Union Avenue, as shown on the record of survey recorded in Book 244 of Maps, at Page 42, Santa Clara County Records; thence along the centerline of Campbell Avenue, East l24.71 feet; thence leaving said centerline, North 400.00 feet to the true point of beginning; thence East l28.00 feet; thence North l30.00 feet, for reference purposes hereinafter called Point "A"; thence continuing North 3l9.00 feet; thence North 70 deg. 00' 00" West, 130.89 feet to a point in an Easterly line of said Parcel l. Also including: Beginning at said Point A; thence South 72 deg. 24' 27" West, 129.03 feet; thence West 5.00 feet. Excepting therefrom all that portion that lies within said Parcel 2, as shown in the instrument No. 3591848. Parcel 2: A strip of land lO feet in width, lying 5 feet on each side of the following described centerline: Beginning at the intersection of the centerlines of Bascom Avenue and Campbell Avenue, as shown on the record of survey recorded in Book 244 of Maps, at Page 42, Santa Clara County Records; thence along the centerline of Campbell Avenue, West 402.00 feet; thence leaving said centerline, North 47.00 feet to the North property line of Campbell Avenue and being the true point of beginning; thence North l24.00 feet for reference purposes hereinafter called Point A; thence West 357.00 feet; thence North 476.00 feet, for reference purposes hereinafter called Point B; thence North 277.47 feet; thence South 89 deg. 52' 00" East, 582.00 feet, for reference purposes hereinafter called Point C; thence South 752.l1 feet; thence West 225.00 feet to said Point A. Also including: Beginning at Point B; thence West 175.00 feet to a point in an Easterly line of said Parcel l. Also including: Beginning at Point C; thence North l2.00 feet; thence East 130.00 feet to a point in the West property line of Bascom Avenue. Excepting therefrom all that portion that lies within said Parcel 2, as shown in the Instrument No. 359l848. Parcel 3: A strip of land 10 feet in width, lying 5 feet on each side of the following described centerline: Beginning at a point in the West property line of Bascom Avenue being distant South 25.00 feet from the Northeast corner of the Parcel of -5- TlCor Title Insurance Company of California II TI,COR.TITLE INSURANCE APPLICATION NUMBER: 0593518 0000 Land shown on the record of survey recorded in Book 244 of maps, at Page 42, Santa Clara County Records~ thence North 89 deg. 52' 00" West, 722.00 feet~ thence South 345.00 feet~ thence West 170.00 feet to a point in an Easterly line of said Parcel l. Excepting therefrom all that portion that lies within Parcel 2, as shown in the Instrument No. 359l848. Parcel 4: A strip of land lO feet in width, lying 5 feet on each side of the following described centerline: Beginning at the Southwest corner of the Parcel of Land shown on the record of survey recorded in Book 244 of maps, at Page 42, Santa Clara County Records~ thence along the North property line of Campbell Avenue, East 582.20 feet~ thence leaving said property line, North 22 deg. 11' 00" West, 111.20 feet; thence North 532.50 feet to the true point of beginning of this easement; thence West 121.00 feet; thence South 50 deg. 2l' 54" West, 36.79 feet to a point being the Southeast corner of Parcel 4 and being the end of this easement. SAID EASEMENT has been modified by an instrument Pittsburgh-Des Moines Steel Company, A pennsylvania Corporation and Fred N. Sahadi and Helen M. Sahadi, Husband and Wife : November ll, 1971 In Book 9585 Page 393 Official Records 5. A LEASE, affecting the premises herein stated, for the term and upon the Terms, Covenants and Conditions in an unrecorded lease referred to therein between the parties named herein, Dated December 27, 1968 Lessor : Fred Sahadi and Helen Sahadi Lessee United Artists Theatre Circuit, Inc. Recorded : November 3, 1969 In Book 8725 Page 216 Official Records Affects : A Portion of Said Land Executed by Recorded SAID MATTER AFFECTS: Parcels Seventeen and Eighteen -6- TlCor Title Insurance Company of California II TJCOR TITLE INSURANCE . APPLICATION NUMBER: 0593518 0000 6. A LEASE, affecting the premises herein stated, for the term and upon the Terms, Covenants and Conditions in an unrecorded lease referred to therein between the parties named herein, Dated : November 4, 1969 Lessor Fred Sahadi Lessee Bank of America National Trust and Savings Association, A National Banking Association Recorded March 2, 1970 In Book 8846 Page 76 Official Records Affects A Portion of Said Land SAID MATTER AFFECTS: Parcels Seventeen and Eighteen 7. AN EASEMENT affecting the portion of said land and for the purposes stated herein, and incidental purposes, In favor of Pacific Gas and Electric Company, A California Corporation For Facilities consisting of underground conduits, etc., and above ground switches, etc. Recorded May 13, 1970 In Book 8919 Page 205 Official Records Affects As follows: The Parcel of Land shown as 27.243 acres on the record of survey Map filed for record in the Office of the County Recorder of said County of Santa Clara in Book 244 of maps at Page 42; excepting therefrom the Parcels of Land conveyed under Parcel 1 and Parcel 2 in the Deed from Fred N. Sahadi and wife to Valley Title Company by Deed dated March 2, 1969 and recorded in the Office of Santa Clara County Recorder in Book 840l of Official Records at Page 228. Said facilities shall be installed within the strip of land described as follows: A. A strip of land of the uniform width of lO feet extending from the Northerly boundary line of the City Street known as Campbell Avenue, Northwesterly, Northerly and Northwesterly to the Northerly boundary line of said real property, and lying equally on each side of a line which begins at a point in the Northerly boundary line of said Campbell Avenue, distant along said Northerly boundary line 582.2 feet Easterly from the Southwest corner of said real property, and runs thence North 22 deg. 11' West 111.2 feet, thence due North l4.8 feet to a point hereinafter for convenience called Point A, thence continuing due North 310.2 feet to a point hereinafter for convenience called Point B, thence continuing due North 100.5 feet to a point hereinafter for convenience called Point C, thence continuing due North 264.0 feet to a point hereinafter for convenience called Point 0, thence North 25 deg. 12' West 205 feet, more or less, to a point in the Northerly boundary -7- TlCor Title Insurance Company of California fIJ TI,COR .TITLE INSURANCE APPLICATION NUMBER: 0593518 0000 line of said real property; excepting therefrom that portion lying within the boundary lines of said Parcel 2. B. A strip of land of the uniform width of 10 feet extending Easterly from the Easterly boundary line of the strip of land hereinbefore described and designated 1, and lying equally on each side of a line which begins at said Point A and runs thence due East 40.0 feet. C. A strip of land of the uniform width of lO feet extending from the Westerly boundary line of the strip of land hereinbefore described and designated l, Westerly and Northwesterly to a Northerly boundary line of the Parcel of Land described and designated Parcel 5 in said Deed dated March 25, 1969 and lying equally on each side of a line which begins at said Point B and runs thence due West 270.0 feet, thence North 33 deg. 4l' West 45 feet, more or less, to a point in a Northerly boundary line of said Parcel 5. D. A strip of land of the uniform width of lO feet extending Easterly from the Easterly boundary line of the strip of land hereinbefore described and designated 1, and lying equally on each side of a line which begins at said Point C and runs thence due East 128.0 feet. E. A strip of land of the uniform width of 10 feet extending Easterly from the Easterly boundary line of the strip of land hereinbefore described and designated. l, and lying equally on each side of a line which begins at said Point 0 and runs thence due East 33.0 feet. F. A strip of land of the uniform width of lO feet lying contiguous to and Southerly of the Northerly boundary line of said real property and extending from the Southwesterly boundary line of the strip of land hereinbefore described and designated 1, Westerly 20 feet, more or less, to the Easterly boundary line of said Parcel l. -8- TlCor Title Insurance Company of California fIJ ~ICOR TITLE INSURANce ( . , 'I ' _,I L~ l,.D(':~' '~,' i" APPLICATION NUMBER: 0593518 0000 8. AN EASEMENT affecting the portion of said land and for the purposes stated herein, and incidental purposes, In favor of Pacific Gas and Electric Company, a California Corporation For Underground conduits, etc. and aboveground marker posts, etc. Recorded May 13, 1970 In Book 8919 Page 205 Official Records Affects : As follows: Said facilities shall be installed within the strip of land described as follows: A. A strip of land of the uniform width of lO feet lying contiguous to and Southerly of the Northerly boundary line of said Parcel 1 and extending from the Easterly boundary line of said Parcel l, Westerly 195.0 feet. B. A strip of land of the uniform width of lO feet extending Northwesterly from the Northerly boundary line of the Parcel of Land described and designated Parcel 5 in said Deed dated March 28, 1969 and lying equally on each side of a line which begins at a point outside the boundary lines of said real property, from which the Southeast corner of said Parcel 1 bears South 51 deg. 12 1/2' East 154.8 feet distant, and running thence North 33 deg. 41' West 9l.9 feet; thence due North 68.5 feet. C. A strip of land of the uniform width of lO feet extending from the Southeasterly boundary line of said Parcel 2, Northerly to the Northeasterly boundary line of said Parcel 2, and lying equally on each side of a line which begins at a point outside the boundary lines of said real property from which the Southeast corner of said Parcel 1 bears South 56 deg. 59 l/2' West 178.1 feet distant, and running thence due North 165 feet, more or less, to a point in the Northeasterly boundary line of said Parcel 2. First party also grants to Pacific Gas and Electric Company the right to excavate for, install, replace, maintain, and use for conveying gas an underground main or pipe lines and suitable service pipes and connections within the strip of land hereinbefore described and designated 3. SAID MATTER AFFECTS: Parcels One and Nine -9- TlCor Title Insurance Company of California fI TICOR.TITLE INSURANce . ~..~) .. f'" . .'i: ,t t, . .~,,":~,,-,_., '..., ,J.\ ('-. APPLICATION NUMBER: 0593518 0000 9. AN EASEMENT affecting the portion of said land and for stated herein, and incidental purposes, In favor of : Pacific Gas and Electric Company, A Corporation Facilities consisting of underground etc. and above ground switches, etc. July 20, 1970 In Book 8991 Page Official Records The routes of said Notice of Location Book 9099 Page 343 follows: the purposes California conduits, For 688 Recorded Affects facilities as defined by a recorded October 26, 1970 in Official Records are as 1. A strip of land of the uniform width of lO feet extending from the Northerly boundary line of the street known as Campbell Avenue, Northerly, Easterly, Northerly and Northeasterly to the westerly boundary line of the street known as Bascom Avenue and lying equally on each side of a line which begins at a point in the Northerly boundary line of said Campbell Avenue, distant along said Northerly boundary line 82.7 feet Easterly from the point of intersection of the Westerly boundary line of the real property described in said grant dated June 28, 1970 with the Northerly boundary line of said Campbell Avenue and runs thence North 77.2 feet, thence North 25 deg. 57 1/2' East 63.4 feet; thence North 170.3 feet to a point hereinafter for convenience called point A, thence East 169.5 feet, thence North 263.0 feet to a point hereinafter for convenience called point B, thence continuing North 39.8 feet, thence North 51 deg. 42 1/2' East 155 feet, more or less, to a point in the Westerly boundary line of said Bascom Avenue. 2. A strip of land of the uniform width of lO feet extending Northerly and Westerly from the Northerly boundary line of the strip of land hereinbefore described and designated 1 and lying equally on each side of a line which begins at said point A and runs thence North 5.8 feet, thence West 30.0 feet. 3. A strip of land of the uniform width of 10 feet extending Westerly from the westerly boundary line of the strip of land hereinbefore described and designated 1 and lying equally on each side of a line which begins at said point B and runs thence West 165.5 feet. SAID MATTER AFFECTS: Parcels Seventeen and Eighteen -10- TICDr Title Insurance Company of California II TICO~ TITLE INSURANce . APPLICATION NUMBER: 0593518 0000 10. A LEASE, affecting the premises herein stated, for the term and upon the Terms, Covenants and Conditions in an unrecorded lease referred to therein between the parties named herein, Dated : October 14, 1970 Lessor Fred Sahadi Lessee Crocker-Citizens National Bank, A National Banking Association Recorded October 30, 1970 In Book 9107 Page 534 Official Records Affects A portion of Said Land SAID MATTER AFFECTS: Parcels Seventeen and Eighteen 11. A DEED herein, and Dated Amount Trustor Instrument No. OF TRUST to secure an indebtedness of the amount stated any other obligations secured thereby January ll, 1971 : $1,925,000.00 Pittsburgh-Des Moines Steel Company, A pennsylvania Corporation and Towers Finance Company, A California Corporation : valley Title Company, A Corporation : Pittsburgh National Bank, A National Banking Association January l2, 1971 Official Records : 3936880 Recorded In Book 9185 Page 229 THE BENEFICIAL INTEREST of record under said deed of trust was assigned To : New York Estate Teachers' Retirement System____ By assignment dated:~uary l8, 1971 -' Recorded : May lO, 1971 In Book 9323 Page 589 Official Records AN INSTRUMENT MODIFYING THE TERMS OF SAID DEED OF TRUST as therein provided Executed by Dated Recorded Pittsburgh-Des Moines Steel Company, Towers Finance Company and New York State Teacher's Retirement System : None shown : May 10, 1971 Official Records In Book 9323 Page 590 SAID MATTER AFFECTS: Parcel Nine ~ k ~~II~ -11- TICOf Title Insurance Company of California aD TI,COR .TITLe INSURANce . APPLICATION NUMBER: 0593518 0000 l2. A LEASE, affecting the premises herein stated, for the term and upon the Terms, Covenants and Conditions in an unrecorded lease referred to therein between the parties named herein, Dated May 26, 1971 Lessor Pittsburgh-Des Moines Steel Company, A Pennsylvania Corporation and Fred Sahadi, A Married Man Lessee The Pacific Telephone and Telegraph Company, A Corporation Recorded May 27, 1971 In Book 9348 Page 31l Official Records Affects Portion of Said Land SAID MATTER AFFECTS: Parcels One and Nine l3. AN EASEMENT affecting the portion of said land and for the purposes stated herein, and incidental purposes, In favor of valley Title Company, A Corporation For Motor Vehicle Ingress and Egress and Pedestrian Ingress and Egress Recorded November 11, 1971 In Book 9585 Page 398 Official Records Affects The following described Parcel of Land: Be~inning at the intersection of the center line of Campbell Avenue and Un~on Avenue, as shown on the record of survey map recorded in Book 244 of Maps, at Page 42, Santa Clara County Records; thence along the centerline of Campbell Avenue, East 113.43 feet; thence leaving the said center line, North 35.00 feet to a point on the North property line of Campbell Avenue, said point being the true point of beginning of this description; thence North l2.00 feet; thence along a curve Northerly 22.40 feet from a tangent which bears North 64 deg. 09' 29" thru a central angle of 64 deg. 09' 29" with a radius of 20.00 feet; thence North 843.62 feet; thence along a tangent curve to the right, 178.26 feet thru a central angle of 90 deg. 08' 00" with a radius of l12.00 feet; thence South 89 deg. 52' 00" East 595.54 feet; thence along a tangent curve to the right, 80.l3 feet thru a central angle of 11 deg. 28' 42" with a radius of 400.00 feet to a point of reverse curvature; thence along a curve to the left, 80.13 feet thru a central angle of 11 de~. 28' 42" with a radius of 400.00 feet to a point having a tangent bear~ng of South 89 deg. 52' 00" East; thence along a tangent curve to the left, 31.46 feet thru a central angle of 90 deg. 08' 00" with a radius of 20.00 feet to the Northeast corner of the Parcel shown on said record of survey; thence South 89 deg. 52' 00" East 17.00 feet to a point being on the West property line of Bascom Avenue; thence along said property line, South 107.9l feet; thence"West 17.00 feet; thence Northerly along a curve to the left, 31.37 feet from a tangent which bears North thru a central angle of 89 deg. 52' 00" with a radius -12- TlCor Title Insurance Company of California aD 'T.ICOR TITLE INSURANCE APPLICATION NUMBER: 0593518 0000 of 20.00 feet; thence North 89 deg. 52' 00" West 685.05 feet; thence South 871.47 feet; thence along a tangent curve to the left, 22.40 feet thru a central angle of 64 deg. 09' 23" with a radius of 20.00 feet; thence South 12.0G feet to a point on the North property line of Campbell Avenue; thence along said property line, West 46.56 feet to a point; thence North 12.00 feet to a point on a curve with a tangent bearing of North 64 deg. 09' 29" East; thence Northerly along said curve to the left, 22.40 feet thru a central angle of 64 deg. 09' 29" with a radius of 20.00 feet; thence North 454.87 feet; thence along a tangent curve to the left, 4l.3l feet thru a central angle of 118 deg. 20' 34" with a radius of 20.00 feet to a point of reverse curvature; thence along a curve to the right, 78.16 feet thru a central angle of 36 deg. 4l' 00" with a radius of 79.00 feet to a point of reverse curvature; thence along a curve to the left, 4l.3l feet thru a central angle of ll8 deg. 20' 34" with a radius of 20.00 feet; thence South 454.87 feet; thence along a tangent curve to the left, 22.40 feet thru a central angle of 64 deg. 09' 29" with a radius of 20.00 feet; thence South 12.00 feet to a point on the Northerly property line of Campbell Avenue; thence along said property line West 46.56 feet to the true point of beginning. Excepting therefrom the property described as follows: Beginning at the intersection of Campbell Avenue and Union Avenue center lines, as shown on said record of survey; thence along the center line of Campbell Avenue, East l48.71 feet; thence leaving the center line of Campbell Avenue, North 607.00 feet to the true point of beginning of this exception; thence along a tangent curve to the right, 420.97 feet thru a central angle of 360 deg. 00' 00" with a radius of 67.00 feet to the true point of beginning. Also excepting therefrom the property described as follows: Beginning at the intersection of the center lines of Campbell Avenue and Union Avenue, as shown on said record of survey; thence along the center line of Campbell Avenue, East 149.71 feet; thence leaving said center line, North 694.l3 feet to the true point of beginning of this exception; thence North 2l4.49 feet; thence along a tangent curve to the right 138.43 feet thru a central of 90 deg. 08' 00' with a radius of 83.00 feet; thence South 89 deg. 52' 00" East 25.84 feet, thence along a tangent curve to the right, 31.37 feet thru a central angle of 89 deg. 52' 00" with a radius of 20.00 feet; thence South 282.43 feet; thence along a tangent curve to the right, 41.31 feet thru a central angle of 118 deg. 20' 34" with a radius of 20.00 feet to a point of reverse curvature; thence along a curve to the left, 78.16 feet thru a central angle of 56 deg. 41' 08" with a radius of 79.00 feet to a point of reverse curvature; thence along a curve to the right 41.31 feet thru a central angle of 116 deg. 20' 34" with a radius of 20.00 feet to the true point of beginning. -l3- TlCor Title Insurance Company of California fIJ T,ICOR TITLE INSURANCE APPLICATION NUMBER: 0593518 0000 Also excepting therefrom the property described as follows: Beginning at the intersection of the center line of Campbell Avenue and Union Avenue, as shown on said record of survey; thence along the center lines of Campbell Avenue, 306.7l feet; thence leaving said center lines, North 960.47 feet to the true point of beginning of this exception; thence North 3.95 feet; thence along a tangent curve to the right, 3l.46 feet thru a central of 90 deg. 08' 00" with a radius of 20.00 feet; thence South 89 deg. 52' 00" East 505.66 feet; thence along a tangent curve to the right, 37.70 feet thru a central angle of l80 deg. 00' 00" with a radius of l2.00 feet; thence North 89 deg. 52' 00" West 525.64 feet to the true point of beginning. SAID MATTER AFFECTS: Parcels One, Seventeen and Eighteen l4. AN EASEMENT affecting the portion of said land and for the purposes stated herein, and incidental purposes, In favor of : County Sanitation District No. 4 of Santa Clara County, A Public Corporation For Sanitary Sewers and appurtenances Recorded August 30, 1972 In Book 9997 Page l48 Official Records Affects An easement lO feet in width described as follows: Beginning at a point in the Westerly property line of Bascom Avenue, being distant South 25.00 feet from the Northeast corner of the Parcel of Land shown on the record of Survey recorded in Book 244 of Maps, at Page 42, Santa Clara County Records; thence North 89 deg 52' 00" West 772.00 feet; thence South 345.00 feet; thence West 26.86 feet to the true point of beginning; thence West 94.28 feet to the end of this description. SAID MATTER AFFECTS: Parcels One, Nine, Seventeen and Eighteen 15. AN EASEMENT affecting the portion of said land and for the purposes stated herein, and incidental purposes, In favor of : County Sanitation District No. 4 of Santa Clara County, A Public Corporation, Santa Clara County, State of California : The construction and maintenance of a Sanitary Sewer : August 30, 1972 Official Records : A strip of land 10 feet in width, l~ing 5 feet on each said of the following descr~bed centerline: For Recorded In Book 9997 Page 152 Affects -14- TlCor Title Insurance Company of California fIJ -r:ICOR TITLe INSURANce APPLICATION NUMBER: 0593518 0000 Beginning at a point in the West property line of Bascom Avenue being distant South 25.00 feet from the Northeast corner of the Parcel of Land shown on the record of survey recorded in Book 244 of Maps, at Page 42~ Santa Clara County Records~ thence North 89 deg. 52' 00" West l22.00 feet; thence South 650.00 feet to the true point of beginning~ thence West 215.00 feet. SAID MATTER AFFECTS: Parcels Seventeen and Eighteen 16. AN EASEMENT affecting the portion of said land and for the purposes stated herein, and incidental purposes, In favor of : County Sanitation District No. 4 of Santa Clara County, A Public Corporation, Santa Clara County, State of California For The construction and maintenance of a Sanitary Sewer Recorded August 30, 1972 In Book 9997 Page 155 Official Records Affects A strip of land lO feet in width, lying 5 feet on each said of the following described centerline: Beginning at a point in the West property line of Bascom Avenue being distant South 25.00 feet from the Northeast corner of the Parcel of Land shown on the record of survey recorded in Book 244 of Maps, at Page 42~ Santa Clara County Records~ thence North 89 deg. 52' 00" West 122.00 feet; thence South 390.00 feet to the true point of beginning~ thence West l75.00 feet. SAID MATTER AFFECTS: Parcels Seventeen and Eighteen 17. AN EASEMENT affecting the portion of said land and for the purposes stated herein, and incidental purposes, In favor of : County Sanitation District No. 4 of Santa Clara County, A Public Corporation, Santa Clara County, State of California For Sanitary Sewers Recorded : August 30, 1972 In Book 9997 Page l58 Official Records Affects : An easement lO feet in width, the center line described as follows: Beginning at a point in the West property line of Bascom Avenue being distant South 25.00 feet from the Northeast corner of the Parcel of Land shown on the record of survey recorded in Book 244 of maps at Page 42, Santa Clara County Records; thence North 89 deg. 52' 00" West 122.00 feet to a point for reference purposes hereinafter called point A; thence continuing North 89 deg. 52' 00" West 650.00 feet; thence -15- TlCor Tatle Insurance Company of California "~_..'-'----~.._._~.__.. .~-, -'-"'~""--- .- IJ T,ICOR TITLe INSURANce ,-.. ,',f .~'V , l!......': ~\ ~.}; ,,\ , , " J,; "" ""-... '. APPLICATION NUMBER: 0593518 0000 South 345.00 feet to a point for reference purposes hereinafter called point Bi thence continuing South 400.00 feeti thence West l65.00 feet. Also including: Beginning at said point A; thence South 650.00 feet. Also including: Beginning at said Point Bi thence West 26.86 feet to a point for reference purposes called point Ci thence continuing West 94.28 feet to a point for reference purposes hereinafter called point Di thence continuing West 43.86 feet. Excepting therefrom: That portion that lies between point C and Point D. SAID MATTER AFFECTS: Parcels One, Nine, Seventeen and Eighteen 18. AN EASEMENT affecting the portion of said land and for the purposes stated herein, and incidental purposes, In favor of : Pacific Gas and Electric Company, A Cali'fornia Corporation Underground conduits, pipes, etc., and aboveground marker posts, etc. : March 2, 1973 In Book 0262 Page 132 Official Records A Strip of Land lO feet wide, crossin9 Parcel 2 and a portion of Parcell; also a str~p of land l8 feet wide For Recorded Affects SAID MATTER AFFECTS: Parcels One and Nine of said land and for the purposes, Electric Company, A California 19. AN EASEMENT affecting the portion purposes stated herein, and incidental In favor of Pacific Gas and Corporation To construct, place, inspect, and remove facilities March 2, 1973 In Book 262 Official Records As follows: maintain, replace For Page 133 Recorded Affects Located within a strip of land of the uniform width of 10 feet, the center line of which is delineated by a heavy dashed line and designated strip A upon the print of second party's drawing No. S3B-696 CH.2, attached hereto and made a part hereof; and a strip of land of the uniform width of 18 feet, lying 2.5 feet on the Northerly side and 15.5 feet on the Southerly side of a line which is delineated by a heavy dashed line and designated strip B upon said print of second party's Drawing No. S3B-696 CH. 2. . SAID MATTER AFFECTS: Parcels Nineteen and Twenty -16- TlCor Title Insurance Company of California fIIJ T'COR. TITLE INSURANCE . APPLICATION NUMBER: 0593518 0000 Instrument No. OF TRUST to secure an indebtedness of the amount stated any other obligations secured thereby : September 25, 1973 $2,800,000.00 piettsburgh-Oes Moines Steel Company, A pennsylvania Corporation; and Fred N. Sahadi, A Married Man doing business as The Towers Venture, A Joint venture; and Helen Sahadi Serrano Reconveyance Company, A California Corporation Home Savings and Loan Association, A California Corporation : November 27, 1973 Official Records 4655523 In Book 066l Page 733 20. A DEED herein, and Dated Amount Trustor Trustee Beneficiary Recorded SAID MATTER AFFECTS: Parcel One 21. A DEED herein, and Dated Amount Trustor Instrument No. Return Address OF TRUST to secure an indebtedness of the amount stated any other obligations secured thereby : December 14, 1973 $6,000,000.00 : Fred N. Sahadi and Helen Sahadi, Husband and Wife Serrano Reconveyance Company, A California Corporation : Home Savings and Loan Association, A California Corporation December 27, 1973 Official Records 4675362 P.O. Box 3991, North Hollywood, CA 91609 In Book 0702 Page 661 Trustee Beneficiary Recorded SAID MATTER AFFECTS: Parcels Seventeen and Eighteen 22. A LEASE, affecting the premises herein stated, for the term and upon the Terms, Covenants and Conditions in an unrecorded lease referred to therein between the parties named herein, Dated : None shown Lessor : The towers venture, a joint venture, composed of Pittsburgh-Des Moines Steel Company, A pennsylvania Corporation and Fred Sahadi, A Married Man dealing with his separate property Lessee : The Pacific Telephone and Telegraph Company, A Corporation Recorded Jul~ 15, 1974 In Book 0990 Page 237 Off~cial Records Affects : Portion of Said Land -17- TlCor Title Insurance Company of California II TICOR TITle INSURANce APPLICATION NUMBER: 0593518 0000 SAID MATTER AFFECTS: Parcel Nine 23. AN EASEMENT affecting the portion of said land and for the purposes stated herein, and incidental purposes, In favor of : The Santa Clara County Transit District For A buss stop and shelter with provision for passenger and pedestrian traffic over, upon and across Recorded February 5, 1979 In Book E270 Page 215 Official Records Affects A portion of said land and being more particularly described as follows: Parcel A: (8602l5-3, Southbound Bascom Avenue nearside Campbell Avenue) A portion of the 27.243 acre parcel shown upon the record of survey map recorded in Book 244 of Maps at Page 42, records of the recorder of Santa Clara County, California and being more particularly described as follows: Beginning at 3/4" iron pipe set in a monument box at the point of intersection of the monument line of Campbell Avenue with monument line of Bascom Avenue as the ,intersection is shown upon said Map; thence along the monument line of Bascom Avenue, North, 369.05 feet; thence at right angles to the monument line of Bascom Avenue, West, 47.00 feet to a point on the Easterly boundary of said 27.243 acre parcel and the true point of beginning of this description; thence along said Easterly boundary, South 25.00 feet; thence at right angles to said boundary, West 7.00 feet; thence North, 25.00 feet; thence East, 7.00 feet to the true point of beginning. Parcel B: (860215-4, westbound Campbell Avenue, Farside Bascom Avenue) A portion of that certain 27.243 acre parcel of land shown upon the record of survey map recorded in Book 244 at Page 42 records of the Recorder of Santa Clara County, California and more particularly described as follows: Beginning at a 3/4" iron pipe in a monument box at the intersection of the monument line of Campbell Avenue with the monument line of Bascom Avenue as the intersection is shown on said Map; thence along the monument line of Campbell Avenue, West, 295.92 feet: thence at right angles to said monument line, North, 47.00 feet to a point on the Southerly boundary of the aforesaid 27.243 acre parcel and the true point of beginning of this description; thence along said Southerly boundary, West, 30.00 feet; thence at right angles to said boundary -18- TlCor Title Insurance Company of California ",~.;;.._.~_.._;.._..~,_......_~__... _.0_ (I T~COR. TITle INSURANce APPLICATION NUMBER: 0593518 0000 North l2.00 feet; thence East, 30.00 feet; thence South, l2.00 feet to the true point of beginning. SAID MATTER AFFECTS: Parcels Seventeen and Eighteen 24. Agreement Instrument No. Fred N. Sahadi and the City of Campbell, A Municipal Corporation Relative to public street improvements December ll, 1984 In Book Jl04 Page 258 Official Records 8275345 Executed By For Recorded SAID MATTER AFFECTS: Parcels Seventeen and Eighteen 25. A DEED herein Dated Amount Trustor Trustee OF TRUST to secure an indebtedness of the amount stated Instrument No. Return Address March 22, 1985 $30,000,000.00 Fred N. Sahadi and Helen Sahadi Home Federal Savings and Loan Association, A Federally Chartered Savings and Loan Association Home Federal Savings and Loan Association, A Federally Chartered Savings and Loan Association March 28, 1985 In Book J304 Page l085 Official Records 8364538 625 Broadway, Suite 300 San Diego, California 92101 Beneficiary Recorded SAID MATTER AFFECTS: Parcels Seventeen and Eighteen 26. A DEED herein, and Dated Amount Trustor Instrument No. OF TRUST to secure an indebtedness of the amount stated any other obligations secured thereby : September 19, 1986 $15,000,000.00 Fred N. Sahadi, A Married Man as his separate property as to an undivided l/2 interest, Fred N. Sahadi and Helen M. Sahadi, Husband and Wife as to an undivided 1/2 interest Equitable Deed Company, A California Corporation : Security Pacific National Bank, A National Banking 'Association : September 26, 1986 In Book J859 Official Records : 8960122 Page l727 Trustee Beneficiary Recorded SAID MATTER AFFECTS: Parcels One and Nine -19- TlCor Title Insurance Company of California IJ TICOR TITLE INSURANCE APPLICATION NUMBER: 0593518 0000 AN INSTRUMENT MODIFYING THE TERMS OF SAID DEED OF TRUST as therein provided Executed by Dated Recorded Fred N. Sahadi, A Married Man as his sole and separate property, as to an undivided one-half interest, and Fred N. Sahadi and Helen M. Sahadi, Husband and Wife, as to an undivided one-half interest and Equitable Deed Company, A California Corporation and Security Pacific National Bank, A National Banking Association June l, 1988 : August 30, 1988 as Instrument No. 9815243 Official Records AN INSTRUMENT MODIFYING THE TERMS OF SAID DEED OF TRUST as therein provided Executed by Dated Recorded Fred N. Sahadi, A Married Man as his sole and separate property, as to an undivided one-half interest, and Fred N. Sahadi and Helen M. Sahadi, Husband and Wife, as to an undivided one-half interest and Equitable Deed Company, A California Corporation and Security Pacific National Bank, A National Banking Association September 1, 1988 May 4, 1989 Official Records In Book K937 Page 1923 27. A DEED herein, and Dated Amount Trustor Trustee Beneficiary Recorded OF TRUST to secure an indebtedness of the amount stated any other obligations secured thereby : January l4, 1987 $2,400,000.00 Fred N. Sahadi and Helen Sahadi Home Federal Savings and Loan Association Home Federal Savings and Loan Association, A Federally Chartered Savings and Loan Association January 20, 1987 In Book K006 Page 2228 Official Records 9117667 70l Broadway, San Diego, California 92l0l Instrument No. Return Address SAID MATTER AFFECTS: Parcels One and Nine -20- TlCor Title Insurance Company of California ffJ TJCOR. TITLE INSURANce APPLICATION NUMBER: 0593518 0000 OF TRUST to secure an indebtedness of the amount stated any other obligations secured thereby April 27, 1988 $7,500,000.00 Fred N. Sahadi and Helen Sahadi Horne Federal Savings and Loan Association, A Federally Chartered Stock Savings and Loan Association Horne Federal Savings and Loan Association, A Federally Chartered Stock Savings and Loan Association May 19, 1988 Official Records : 9696679 625 Broadway, Suite 935 San Diego, California 92101 9133438 28. A DEED herein, and Dated Amount Trustor Trustee Beneficiary Recorded Instrument No. Return Address Loan # In Book K539 Page 2069 SAID MATTER AFFECTS: Parcels Seventeen and Eighteen NOTICE OF DEFAULT Dated Executed by Recorded 29. A CLAIM OF LIEN By Amount Claimed Recorded Instrument No. AN ACTION IN THE Entitled Case No. Nature of Action Affects under the terms of said deed of trust as follows: June l3, 1990 : Homefed Bank, Federal Savings Bank June 14, 1990 In Book L387 Page 326 Official Records Amfac Electric Supply Company : $l4,979.26 July 28, 1989 In Book L037 Official Records 10196908 MUNICIPAL COURT Amfac Electric Supply Company, A Corporation, Plaintiff, VS. Dial One Wittmers Electric Company, A Corporation; William Wittmers; Pool, Patio and Things, Inc., A Corporation; Fread Sahadi; and Does 1 through 100, inclusive, Defendants : DC 89 202643 : Foreclose and enforce a mechanics' : Said Land Page 307 Notice of pendency of said action was Recorded : November 13, 1989 In Book L1b3 Page 161 Official Records -21- TlCor Title Insurance Company of California IJ T:ICOR TITLE INSURANCE . APPLICATION NUMBER: 0593518 0000 SAID MATTER AFFECTS: Parcels Seventeen and Eighteen 30. A CLAIM OF LIEN By Amount Claimed Recorded Instrument No. Conklin Bros of San Jose, Inc. $7,059.00 December l, 1989 In Book Ll84 Page 598 Official Records 10345879 SAID MATTER AFFECTS: Parcels Seventeen and Eighteen 31. A CLAIM OF LIEN By Amount Claimed Recorded Instrument No. JA Giacinto & Sons Inc. dba Diamond Glass Co. $13,368.00 : December 4, 1989 In Book Ll85 Page 1142 Official Records l0347240 SAID MATTER AFFECTS: Parcels Seventeen and Eighteen AN ACTION IN THE Entitled Case No. Nature of Action Affects SUPERIOR COURT, J. A. Giacinto & Sons, Inc., dba Diamond Glass CO., Plaintiff. vs. Sahadi Construction Group, Fred Sahadi, and Does 1 through 25, inclusive, Defendants : 698470 : To foreclose and enforce Mechanic's Liens Parcels Seventeen and Eighteen Notice of pendency of said action was Recorded March 7, 1990 In Book L280 Page 791 Official Records 32. A CLAIM OF LIEN By Amount Claimed Recorded Instrument No. JA Giacinto & Sons Inc. dba Diamond Glass Co. $l3,956.00 December 4, 1989 In Book L185 Page 1143 Official Records l0347241 SAID MATTER AFFECTS: Parcels Seventeen and Eighteen -22- TlCor Title Insurance Company of California fill TICOR. TITLE INSURANCE APPLICATION NUMBER: AN ACTION IN THE Entitled Case No. Nature of Action Affects 0593518 0000 SUPERIOR COURT, J. A. Giacinto & Sons, Inc., dba Diamond Glass Co., Plaintiff. vs. Sahadai Construction Group, Fred Sahadi, and Does 1 through 25, inclusive, Defendants 698470 Foreclose and enforce Mechanic's Liens Parcels Seventeen and Eighteen Notice of pendency of said action was Recorded : March 7, 1990 In Book L280 Page 791 Official Records 33. ANY CLAIMS OF LIEN that may be filed against said land by reason of improvement thereon Disclosed By Notice of Non-Responsibility Recorded December ll, 1989 In Book L193 Page 572 Official Records Instrument No. l0355l95 34. ANY ESTATE OR INTEREST OF Reid, Kevin w. and Reid, Joyce L. IN THE LAND DESCRIBED HEREIN AS DISCLOSED BY A FINANCING STATEMENT Filed : March l3, 1990 In Book L286 Page 51 In the Office of : Santa Clara ,County Recorder Instrument No. : l045l92l On the date of said filing the Debtor had no record interest in said land nor has he since acquired any. SAID MATTER AFFECTS: Parcels Nineteen and Twenty 35. A CLAIM OF LIEN By Amount Claimed Recorded Instrument No. Acousta-Lite Suppy Co., Inc. $9,686.43 April 6, 1990 In Book L313 Official Records : 10479665 Page 893 SAID MATTER AFFECTS: pruneyard Towers 1901 So. Bascom Av. Campbell, CA 95008 36. A CLAIM OF LIEN By Amount Claimed Recorded Instrument No. : Consolidated Electrical Distributors $14,l59.64 : May 10, 1990 In Book L351 Page 1052 Official Records 10519175 -23- TlCor Title Insurance Company of California (I TICOR TITLE INSURANCE APPLICATION NUMBER: 0593518 0000 SAID MATTER AFFECTS: Parcels Seventeen and Eighteen 37. ANY CLAIMS OF LIEN that may be filed against said land by reason of improvement thereon Disclosed By Notice of Non-Responsibility Recorded July 2, 1990 In Book L405 Page l635 Official Records Instrument No. 10575225 SAID MATTER AFFECTS: A Portion of the PruneYard Shopping Center located at l875 South Bascom Avenue, in the City of Campbell, County of Santa Clara, State of California, commonly known as Space 2l0. 38. ANY CLAIMS OF LIEN that may be filed against said land by reason of improvement thereon Disclosed By : Recorded Instrument No. Notice on Non-Responsibility July 23, 1990 In Book L426 Official Records 10598744 Page 325 SAID MATTER AFFECTS: A portion of the PruneYard Shopping Center located at 1875 South Bascom Avenue, in the City of Campbell, County of Santa Clara, State of California, commonly known as Space 333. Instrument No. Return Address OF TRUST to secure an indebtedness of the amount stated any other obligations secured thereby : August 1, 1990 $210,000.00 Fred Sahadi and Helen Sahadi, Husband and Wife : Ticor Title Insurance Company of California, A California Corporation Harvey Furgatch as Trustee U/D/T 4/26/88 : August 7, 1990 In Book L442 Page 0261 Official Records : l06l5396 5075 Shoreham Place, Suite 250 San Diego, CA 92122 39. A DEED herein, and Dated Amount Trustor Trustee Beneficiary Recorded SAID MATTER AFFECTS: Parcel Nineteen -24- TICOf Title Insurance Company of California -~---, ~"__'~,-,"~_.._.'..__.._._"._." ""'-"' . 5J TICOR TITLE INSURANce APPLICATION NUMBER: 0593518 0000 Beneficiary OF TRUST to secure an indebtedness of the amount stated any other obligations secured thereby : August l, 1990 $220,000.00 Fred Sahadi and Helen Sahadi, Husband and Wife Ticor Title Insurance Company of California, A California Corporation Larvey Contracting Co. Money Purchase and Profit Sharing Plan August 7, 1990 Official Records l06l5395 5075 Shoreham Place, Suite 250 San Diego, CA 92122 In Book L442 Page 0258 40. A DEED herein, and Dated Amount Trustor Trustee Recorded Instrument No. Return Address SAID MATTER AFFECTS: Parcel Twenty 4l. Water rights, claims or title to water, whether or not the matters are shown by the public record. 42. rights of parties in possession of said land by reason of unrecorded leases, if any, kindly forward said leases for our examination. 43. Any easements not disclosed by those public records which impart constructive notice and which are not visible and apparent from an inspection of the surface of said land. -25- TlCor Title Insurance Company of California III TICOR TITLE INSURANCE APPLICATION NUMBER: 0593518 0000 NOTES: NOTE1: TITLE OF THE VESTEE HEREIN was acquired by deed recorded prior to six months from the date hereof. NOTE 2 : Effective March l, 1979, there will be an additional $lO.OO fee for recording a Deed with a Legal Description other than an entire lot in a recorded final map. If there are any questions, please call your Escrow Officer or Title Officer. NOTE 3 : CALIFORNIA .. GOOD FUNDS" LAW Effective January 1, 1990, California Insurance Code Section l2413.l, (Chapter 598, Statutes of 1989), prohibits a title insurance company, controlled escrow company, or underwritten title company from disbursing funds from an escrow or sub-escrow account, (except for funds deposited by WIRE TRANSFER, ELECTRONIC PAYMENT or CASH) until the day these funds are made available to the depositor pursuant to Part 229 of Title l2 of the Code of Federal Regulations, (Reg.CC). Items such as CASHIER'S, CERTIFIED or TELLER'S CHECKS may be available for disbursement on the business day following the business day of deposit; however, other forms of deposits may cause extended delays in closing the escrow or sub-escrow. TICOR TITLE INSURANCE will not be responsible for accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by State law. NOTE 4: On or after July 1, 1985, the County Recorder's Office will charge, in addition to the regular recording charges, an extra $20.00 recording fee, unless a document evidencing a change of ownership is accompanied by a Preliminary Change of Ownership report. In lieu of said report, signed by the transferee, the recorder will accept an affidavit that the transferee is not a resident of California. Title billings will be adjusted to reflect such additional fees when applicable. -26- TlCor Title Insurance Company of California fiJ TICOR TITLe INSURANce APPLICATION NUMBER: 0593518 0000 NOTE 5 : A. GENERAL AND SPECIAL TAXES AND ASSESSMENTS, IF ANY, FOR THE FISCAL YEAR 1989-1990 Assessment No. Code No. First installment Second installment Assessed valuation personal property : 288-04-00l : 10-041 : $8,262.35 : $8,262.35 of None Paid Paid SAID MATTER AFFECTS: A Portion of Parcel Seventeen B. GENERAL AND SPECIAL TAXES AND ASSESSMENTS, IF ANY, FOR THE FISCAL YEAR 1989-1990 Assessment No. Code No. First installment Second installment Assessed valuation personal property 288-04-003 lO-04l $3,353.53 : $3,353.53 of None Paid Paid SAID MATTER AFFECTS: A Portion of Parcel Seventeen C. GENERAL AND SPECIAL TAXES AND ASSESSMENTS, IF ANY, FOR THE FISCAL YEAR 1989-1990 Assessment No. Code No. First installment Second installment 288-04-004 10-041 $401. 02 $401.02 Delinquent Penalty $40.l0 Delinquent Penalty $40.l0 + $10.00 cost Assessed valuation of personal property : None SAID MATTER AFFECTS: A Portion of Parcel Seventeen D. GENERAL AND SPECIAL TAXES AND ASSESSMENTS, IF ANY, FOR THE FISCAL YEAR 1989-1990 Assessment No. Code No. First installment Second installment Assessed valuation personal property : 288-04-005 : 10-041 : $1,536.78 : $1,536.78 of None Paid Paid SAID MATTER AFFECTS: A Portion of Parcel Seventeen -27- TlCor Title Insurance Company of California fJ1J TICOR TITLE INSURANce APPLICATION NUMBER: 0593518 0000 E. GENERAL AND SPECIAL TAXES AND ASSESSMENTS, IF ANY, FOR THE FISCAL YEAR 1989-1990 Assessment No. Code No. First installment Second installment Assessed valuation personal property : 288-04-006 : 10-041 : $2,776.02 : $2,776.02 of None Paid Paid SAID MATTER AFFECTS: A Portion of Parcel Seventeen F. GENERAL AND SPECIAL TAXES AND ASSESSMENTS, IF ANY, FOR THE FISCAL YEAR 1989-l990 Assessment No. Code No. First installment Second installment 288-04-010 lO-04l $l,067.73 $1,067.73 Delinquent Penalty $106.77 Delinquent Penalty $106.77 + $lO.OO cost Assessed valuation of personal property None SAID MATTER AFFECTS: A. Portion of Parcel Seventeen G. GENERAL AND SPECIAL TAXES AND ASSESSMENTS, IF ANY~ FOR THE FISCAL YEAR 1989-1990 Assessment No. Code No. First installment Second installment 288-04-0l1 10-041 $58,005.23 $58,005.23 Delinquent Penalty $5,800.52 Delinquent Penalty $5,800.52 + $10.00 cost Assessed valuation of personal property : None SAID MATTER AFFECTS: Parcel Nine -28- TlCor Trtle Insurance Company of California ", TICOR TITLE INSURANCE APPLICATION NUMBER: 0593518 0000 H. Supplemental taxes for the fiscal year 1989-90 assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 288-04-011-71 $4,l62.73 Delinquent Penalty $416.27 Delinquent Date: l2-3l-89 $4,162.73 Delinquent Penalty $416.27 Delinquent Date: 04-30-90 + $lO.OO cost SAID MATTER AFFECTS: Parcel Nine Assessors Parcel No. First Installment Second Installment I. GENERAL AND SPECIAL TAXES AND ASSESSMENTS, IF ANY, FOR THE FISCAL YEAR 1989-l990 Assessment No. Code No. First installment Second installment 288-04-0l2 lO-041 $360.50 $360.50 Delinquent Penalty $36.05 Delinquent Penalty $36.05 + $10.00 cost Assessed valuation of personal property None SAID MATTER AFFECTS: Parcel Nineteen J. GENERAL AND SPECIAL TAXES AND ASSESSMENTS, IF ANY, FOR THE FISCAL YEAR 1989-l990 Assessment No. Code No. First installment Second installment : 288-04-014 : 10-041 $1,048.11 $l,048.1l Delinquent Penalty $104.81 Delinquent Penalty $104.81 + $lO.OO cost Assessed valuation of personal property None SAID MATTER AFFECTS: Parcel Twenty -29- TlCor Title Insurance Company of California IJ 'rICOR TITLE INSURANCE APPLICATION NUMBER: 0593518 0000 . K. GENERAL AND SPECIAL TAXES AND ASSESSMENTS, IF ANY, FOR THE FISCAL YEAR 1989-1990 Assessment No. Code No. First installment Second installment 288-04-015 lO-041 $28,529.6l $28,529.61 Assessed valuation of personal property None SAID MATTER AFFECTS: Parcel One Delinquent Penalty $2,852.96 Delinquent Penalty $2,852.96 + $10.00 cost L. GENERAL AND SPECIAL TAXES AND ASSESSMENTS, IF ANY, FOR THE FISCAL YEAR 1989-l990 Assessment No. Code No. First installment Second installment Assessed valuation personal property : 288-04-016 : 10-04l : $l,702.22 : $l,702.22 of None Paid Paid SAID MATTER AFFECTS: A Portion of Parcel Seventeen LL. GENERAL AND SPECIAL TAXES AND ASSESSMENTS, IF ANY, FOR THE FISCAL YEAR 1989-1990 Assessment No. Code No. First installment Second installment 288-04-0l7 lO-041 $19,018.54 : $l9,Ol8.54 Delinquent Penalty $1,901.85 Delinquent Penalty $l,90l.85 + $10.00 cost Assessed valuation of personal property None SAID MATTER AFFECTS: A Portion of Parcel One M. GENERAL AND SPECIAL TAXES AND ASSESSMENTS, IF ANY, FOR THE FISCAL YEAR 1989-l990 Assessment No. Code No. First installment Second installment : 288-04-018 : 10':'04l : $54.50 : $54.50 Assessed valuation of personal property : None TlCor Title Insurance Company of California Delinquent Penalty $5.45 Delinquent Penalty $5.45 + $10.00 cost -30- ", TICOR TITLE INSURANCE APPLICATION NUMBER: 0593518 0000 SAID MATTER AFFECTS: A Portion of Parcel One N. GENERAL AND SPECIAL TAXES AND ASSESSMENTS, IF ANY, FOR THE FISCAL YEAR 1989-l990 Assessment No. Code No. First installment Second installment 288-04-0l9 lO-041 $54.5l $54.51 Delinquent Penalty $5.45 Delinquent Penalty $5.45 + $lO.OO Assessed valuation of personal property : None SAID MATTER AFFECTS: A Portion of Parcel One O. GENERAL AND SPECIAL TAXES AND ASSESSMENTS, IF ANY, FOR THE FISCAL YEAR 1989-l990 Assessment No. Code No. First installment Second installment 288-04-020 : lO-04l $52.5l : $52.51 Delinquent Penalty $5.25 Delinquent Penalty $5.25 $lO.OO cost Assessed valuation of personal property : None SAID MATTER AFFECTS: A Portion of Parcel One P. GENERAL AND SPECIAL TAXES AND ASSESSMENTS, IF ANY, FOR THE FISCAL YEAR 1989-l990 Assessment No. Code No. First installment Second installment Assessed valuation personal property : 288-04-021 : lO-04l : $4,961.3l : $4,961.3l of None Paid Paid SAID MATTER AFFECTS: A Portion of Parcel One -31- TlCor Title Insurance Company of California fIB t'COR TITLE INSURANCE APPLICATION NUMBER: 0593518 0000 Q. GENERAL AND SPECIAL TAXES AND ASSESSMENTS, IF ANY, FOR THE FISCAL YEAR 1989-l990 Assessment No. Code No. First installment Second installment 288-04-022 lO-04l $33,614.12 $33,614.12 Delinquent Penalty $3,361.4l Delinquent Penalty $3,361.41 + $lO.OO cost Assessed valuation of personal property None SAID MATTER AFFECTS: A Portion of Parcel One R. GENERAL AND SPECIAL TAXES AND ASSESSMENTS, IF ANY, FOR THE FISCAL YEAR 1989-1990 Assessment No. Code No. First installment Second installment : 288-04-023 10-041 $2,l70.02 $2,170.02 Delinquent Penalty $217.00 Delinquent Penalty $217.00 + $lO.OO cost Assessed valuation of personal property None SAID MATTER AFFECTS: A Portion of Parcel One IN/cm -32- TlCor Title Insurance Company of California II TICOR TITLE INSURANce APPLICATION NUMBER: 0593518 0000 SCHEDULE C The land referred to herein is described as follows: All that certain real property in the City of Campbell, County of Santa Clara, State of California, described as follows: PARCEL ONE Beginning at the point of intersection of the center line of Campbell Avenue and Union Avenue, as shown on the Record of Survey Map recorded in Book 244 of Maps, Page 42, Santa Clara County Records; thence along the center line of Campbell Avenue, East ll3.43 feet; thence leaving said center line North 47.00 feet to a point in the North line of Campbell Avenue, as established by Deed to the City of Campbell dated January 2l, 1970, recorded January 23, 1970 in Book 8807 of Official Records, Page 531, and the true point of beginning of this description; thence from said true point of beginning, along the arc of a curve to the left from a tangent which bears North 64 deg 09' 29" East, with a radius of 20.00 feet for an arc distance of 22.40 feet; thence North 3l3.00 feet to the Southeast corner of Parcel 1 as described in the Deed from Fred N. Sahadi, et ux, to the Towers Finance Company, A Corporation, dated January 11, 1971, recorded January 12, 1971 in Book 9185 of Official Records, Page 222; thence along the Southerly line thereof West 328.84 feet to a point in the Easterly line of the property of the State of California route 5 Freeway as said line was established by condemnation in the Superior Court of the State of California in and for the County of Santa Clara, under Action No. lOl429, a certified copy of the Decree issued thereunder was recorded April 2, 1958 in Book 4043 of Official Records, Page 543; thence along said last named line along the arc of a curve to the right from a tangent which bears South 7 deg lO' 03" West, with a radius of 2800.00 feet, thru a central an9le of 6 deg 53' 43" for an arc distance of 336.97 feet to a point ~n said Northerly line of Campbell Avenue; thence along said last named line East 379.60 feet to the true point of beginning. PARCEL TWO For the benefit of and appurtenant to said Parcel One, an easement for motor vehicles Ingress and Egress and pedestrian Ingress and Egress over and upon the following described parcel of land: -33- TlCor Title Insurance Company of California aD TICOR TITLE INSURANce APPLICATION NUMBER: 0593518 0000 Beginning at the intersection of the center line of Campbell Avenue and Union Avenue, as shown on the Record of Survey Map recorded in Book 244 of Maps, at Page 42, Santa Clara County Records; thence along the center line of Campbell, East ll3.43 feet; thence leaving the said center line North 35.00 feet to a point on the North property line of Campbell Avenue, said point being the true point of beginning of this description; thence North l2.00 feet; thence along a curve Northerly 22.40 feet from a tangent which bears North 64 deg 09' 29" East thru a central angle of 64 deg 09' 29" with a radius of 20.00 feet; thence North 843.62 feet; thence along a tangent curve to the right l76.26 feet thru a central angle of 90 deg 08' 00", with a radius of l12.00 feet; thence South 89 deg 52' 00" East 595.54 feet; thence along a tangent curve to the right, 80.l3 feet thru a central angle of II deg 28' 42" with a radius of 400.00 feet to a point of reverse curvature; thence along a curve to the left, 80.l3 feet thru a central angle of II deg 28' 42" with a radius of 400.00 feet to a point having a tangent bearing of South 89 deg 52' 00" East; thence along a tangent curve to the left, 3l.64 feet thru a central angle of 90 deg 08' 00" with a radius of 20.00 feet to the Northeast corner of the parcel shown on said Record of Survey; thence South 89 deg 52' 00" East 17.00 feet to a point being on the West property line of Bascom Avenue; thence along said property line, South l07.9l feet; thence West l7.00 feet; thence Northerly along a curve to the left, 31.37 feet from a tangent which bears North thru a central angle of 89 deg 52' 00" with a radius of 20.00 feet; thence North 89 deg 52' 00" West 658.05 feet; thence South 871.47 feet; thence along a tangent to the left, 22.40 feet thru a central angle of 64 deg 09' 29" with a radius of 20.00 feet; thence South l2.00 feet to a point on the North property line of Campbell Avenue; thence along said property line, West 46.56 feet to a point; thence North 12.00 feet to a point on a curve with a tangent bearing of North 64 deg 09' 29" East; thence Northerly along said curve to the left, 22.40 feet thru a central angle of 64 deg 09' 29" with a radius of 20.00 feet; thence North 454.87 feet; thence along a tangent curve to the left, 4l.3l feet thru a central angle of ll8 deg 20' 34" with a radius of 20.00 feet to a point of reverse curvature; thence along a curve to the right 78.l6 feet thru a central angle of 56 deg 41' 08" with a radius of 79.00 feet to a point of reverse curvature; thence along a curve to the left, 41.3l feet thru a central angle of 118 deg 20' 34" with a radius of 20.00 feet; thence South 545.87 feet; thence along a tangent curve to the left 22.40 feet thru a central angle of 64 deg 09' 29" with a radius of 20.00 feet; thence South 12.00 feet to a point on the North property line of Campbell Avenue; thence along said property line, West 46.56 feet to the true point of beginning. Excepting Therefrom the property described as follo~s: Beginnin~ at the intersection of Campbell Avenue and Union Avenue center l~nes, as shown on said Record of Survey; thence along the -34- TlCor Title Insurance Company of California IJ TlooR TITLE INSURANce APPLICATION NUMBER: 0593518 0000 center line of Campbell Avenue, East l48.7l feet; thence leaving the center line of Campbell Avenue, North 607.00 feet to the true point of beginning of this exception; thence along a tangent curve to the right, 420.97 feet thru a central angle of 360 deg 00' 00" with a radius of 67.00 feet to the true point of beginning. Also Excepting Therefrom the property described as follows: Beginning at the intersection of the center lines of Campbell Avenue and Union Avenue, as shown on said Record of Survey; thence along the center line of Campbell Avenue, East l48.7l feet; thence leaving said centerline, North 694.13 feet to the true point of beginning of this exception; thence Nortn 2l4.49 feet; thence along a tangent curve to the right, l38.43 feet thru a central angle of 90 deg 08' 00" with a radius of 88.00 feet; thence South 89 deg 52' 00" East 25.84 feet; thence along a tangent curve to the right, 3l.37 feet thru a central angle of 89 deg 52' 00" with a radius of 20.00 feet; thence South 282.43 feet; thence along a tangent curve to the right, 41.31 feet thru a central of ll8 deg 20' 34" with a radius of 20.00 feet to a point of reverse curvature; thence along a curve to the left, 78.l6 feet thru a central angle of 56 deg 41' 08" with a radius of 79.00 feet to a point of reverse curvature; thence along a curve to the right, 4l.3l feet thru a central angle of 118 deg 20' 34" with a radius of 20.00 feet to the true point of beginning. Also Excepting Therefrom the property described as follows: Beginning at the intersection of the center lines of Campbell Avenue and Union Avenue, as shown on said Record of Survey; thence along the center lines of Campbell Avenue, 307.7l feet; thence leaving the said center lines, North 960.47 feet to the true point of beginning of this exception; thence North 3.95 feet; thence along a tangent curve to the right, 3l.46 feet thru a central angle of 90 deg 08' 00" with a radius of 20.00 feet; thence South 89 deg 52' 00" East 505.66 feet; thence along a tangent curve to the right, 37.70 feet thru a central angle of l80 deg 00' 00" with a radius of l2.00 feet; thence North 89 deg 52' 00" West 525.64 feet to the true point of beginning. PARCEL THREE: An irrevocable perpetual easement for the benefit of and appurtenant to said Parcel 1 for motor vehicles parking and related Ingress and Egress, on, over and to such portions of the lands situated in the City of Campbell, County of Santa Clara, State of California, as in now or hereafter used for motor vehicle parking and related Ingress and Egress by Fred N. Sahadi and Helen M. Sahadi, His Wife, their heirs or their assigns, and described as follows: -35- TlCor Title Insurance Company of California II TlooR TITle INSURANce APPLICATION NUMBER: 0593518 0000 Beginning at the intersection of the center lines of Campbell Avenue and Union Avenue, as shown on the Record of Survey Map recorded in Book 244 of Maps, at Page 42, Santa Clara County Records; thence along the center line of Campbell Avenue, East l24.7l feet; thence leaving the center line of Campbell Avenue, North 659.00 feet to the true point of beginning of this description; thence West 110.00 feet; thence North l40.00 feet; thence East llO.OO feet; thence South l40.00 feet to the true point of beginning. PARCEL FOUR: An irrevocable perpetual easement for the benefit of and appurtenant to said Parcel 1 for motor vehicles parking and related Ingress and Egress, on, over and to such portions of the lands situated in the City of Campbell, County of Santa Clara, State of California, as are nor or hereafter used for motor vehicles parking and related Ingress and Egress by Fred N. Sahadi and Helen M. Sahadi, His Wife, their heirs or their assigns, and described as follows: Beginning at the intersection of the center lines of Campbell Avenue and Union Avenue, as shown on the Record of Survey Map recorded in Book 244 of Maps, at Page 42, Santa Clara County Records; thence along the center line of Campbell Avenue, East l24.7l feet; thence leaving said center line North 447.00 feet to the true point of beginning of this description; thence West 166.00 feet; thence North 64.00 feet; thence East 56.00 feet; thence North 44.00 feet; thence East llO.OO feet; thence South l08. '00 feet to the true point of beginning. PARCEL FIVE: An irrevocable, perpetual easement for the benefit of and appurtenant to said Parcel 1 to construct, place, inspect, maintain, operate, replace and remove facilities consisting of an underground storm drain together with a right of way thereof and related Ingress and Egress on, over and to the land situated in the City of Campbell, County of Santa Clara, State of California, described as follows: A strip of land 10 feet in width, lying 5 feet on each side of the following described center line: Beginning at the intersection of the center lines of Campbell Avenue and Union Avenue, as shown on the Record of Survey recorded in Book 244 of Maps, at Page 42, Santa Clara County Records; thence along the center line of Campbell Avenue, East 124.71 feet; thence leaving said cente,r line, North 400.00 feet to the true point of beginning; thence East 128.00 feet; thence North 130.00 feet, for reference purposes hereinafter called Point "A"; thence continuing North 3l9.00 feet; thence North 70 deg 00' 00" West 130.89 feet to a point in an Easterly line of said Parcel l; -36- TlCor Title Insurance Company of California III TIC,OR TITLE INSURANce APPLICATION NUMBER: 0593518 0000 . Also including: Beginning at said Point "A"; thence South 72 deg 24' 27" West l29.03 feet; thence West 5.00 feet. Excepting Therefrom all that portion that lies within said Parcel 2. PARCEL SIX: An irrevocable, perpetual easement for the benefit of and appurtenant to said Parcel 1 to construct, place, inspect, maintain, operate, replace and remove facilities consisting of an underground water main together with a right of way therefor and related Ingress and Egress on, over and to the land situated in the City of Campbell, County of Santa Clara, State of California, and described as follows: A strip of land 10 feet in width, lying 5 feet on each side of the following described center line: Beginning at the intersection of the center lines of Bascom Avenue and Campbell Avenue, as shown on the Record of Survey recorded in Book 244 of Maps, at Page 42, Santa Clara County Records; thence along the center line of Campbell Avenue; West 402.00 feet; thence leaving said center line North 47.00 feet to the North property line of Campbell Avenue and being the true point of beginning; thence North 124.00 feet, for reference purposes hereinafter called Point "A"; thence West 357.00 feet; thence North 476.00 feet, for reference purposes hereinafter called Point "D"; thence North 277.47 feet; thence South 89 deg 52' 00" East 582.00 feet, for reference purposes hereinafter called Point "C"; thence South 752.ll feet; thence West 225.00 feet to said Point "A". Also including: Beginning at Point "B"; thence West 175.00 feet to a point in an Easterly line of said Parcel l. Excepting Therefrom all that portion that lies within said Parcel 2. PARCEL SEVEN: An irrevocable, perpetual easement for the benefit of and appurtenant to said Parcel 1 to construct, place, inspect, maintain, operate, replace and remove facilities consisting of an underground sanitary sewer together with a right of way therefore and related Ingress and Egress on, over and to the land situated in the City of Campbell, County of Santa Clara, State of California, and described as follows: A strip of land, 10 feet in width, lying 5 feet on each side of the following described center line: . Beginning at a point in the West property line of Bascom Avenue being distant South 25.00 feet from the Northeast corner of the Parcel of -37- TlCor Title Insurance Company of California fI1J TICOR TITLE INSURANCE APPLICATION NUMBER: 0593518 0000 Land shown on the Record of Survey recorded in Book 244 of Maps, at Page 42, Santa Clara County Records; thence North 89 deg 52' 00" West, 722.00 feet; thence South 345.00 feet; thence West 170.00 feet to a point in an Easterly line of said Parcell. Excepting Therefrom all that portion that lies within said Parcel 2. PARCEL EIGHT: An irrevocable, perpetual easement for the benefit of and appurtenant to said parcel 1 to construct, place, inspect, maintain, operate, replace and remove facilities consisting of an underground gas service together with a right of way therefore and related Ingress and Egress over and to the land situated in the City of Campbell, County of Santa Clara, State of California, and described as follows: A strip of land lO feet in width, lying 5 feet on each side of the following described center line: Beginning at the Southwest corner of the Parcel of Land shown on the Record of Survey recorded in Book 244 of Maps, at Page 42, Santa Clara County Records; thence along the North property line of Campbell Avenue, East 582.20 feet; thence leaving said property line, North 22 deg ll' 06" West, ll1.20 feet; thence North 532.50 feet to the True Point of Beginning of this easement; thence West 121.00 feet; thence South 50 deg 21' 54" West, 36.79 feet to a point being the Southeast corner of Parcel 4 and being the end of this easement. -38- TlCor Title Insurance Company of California ,. ...... ..~...:.- , Iha lend but I. _"1'"., hall" nOla IUIYf:'J 0",. . 'r'n b'/ lIw ~I..",,_ I.M.. ,,,.-. lillO k;'A ....; ~.I"" .. . . u .. 1 'I'U,. I" u...-.n.;~ CvillPAny. ....t,;(u.... L,J 1\001 . ... .... - ~ \b ROUTE 17 -" I r 11. li~ ~L- , I ~ I: i' r r- I . -0 1> ;70 ('"') ~ (11 r o Z (TI I ~ ~ .... -- I I ... .... I . t1 ~ I. - ~I I ~ ~ I ~ '", 'I ~ ... z ! I ~ ... .. .,' i . . ~.. ~. III =~-"'-.-SOUTH :: . IIj .i 'I ~ :/ y '/ I I 1IMr. , J~ a/~ 'III F - - BASCOM /'L. FREEWAY I, ~ I ~ ~ 2:~ .~ A) ~~ r , a , -~ ~:!:!~ o"T\(t\ ....-\r- -mil" r f'\ 0 (t\ U I tz~ '" <. rn ~ ~ < r r-T-I -U ~ \ \ I :t>1: Z=>:J ~CJ \Tl \Tl cnG:= 2:.,. ! ! .. i ! ..ft ~ ~ b I." e . ic ~l":' .z .-AVE:--' ~. A (J)~ \g) CD. B -. . I ID~ I o 0, _e. ..,.'....,'. "'- c~~WI": ~~ 1h0PrUheYard " ; ~EC~iVEO NOV 0 1985 November 6, 1985 Mr. Arthur A. Kee Planning Director City of Campbell 70 North First Street Campbell, CA 95008 Mr. Joseph Elliott Public Works Director City of Campbell 70 North First Street Campbell, CA 95008 Gentlemen: This will acknowledge receipt of your letter dated November 1, 1985 and its contents. We, of course, have no interest in appealing your collective decision to the Planning Commission nor would we ever. I will spend some time considering the concept of intensity within the next week or two and perhaps get back to you with some suggested changes. Thank you for your courtesy and cooperation in considering our request. A;;;;;7~t&' Fred Sahadi FS:as Telex No. 346463 1901 S. Bascom Avenue Suite 900 Campbell, CA 95008 Phone (408) 371-0811 Cable Address "Samar" . Traffic . Transportation · Engineering April 19, 1985 Principals. Charles E. De Leuw, Jr, PE. William H. Dietrich, PE Larry R. Grove, PE Michael A Kennedy, PE Hans W Korve, PE. Richard T Sauve, PE. DanielT Smith, Jr., PE Mr. Arthur Kee Director of Planning City of Campbell 70 N. First Street Campbell, CA 95008 Subject: Proposal for Pruneyard Master Plan Traffic Study A85-0 1 06/53 Dear Mr. Kee: As you requested, DKS is pleased to submit this proposal for performing a traffic engineering study in support of the Pruneyard Master Plan Development in Campbell, California. We understand that the traffic report is to be incorporated into an EIR being prepared by others. The proposed project consists of the addition of two 400,000 square foot office towers plus a hotel, all to be located on the existing Pruneyard Shopping Center site. The new developments are to replace an existing supermarket and a bank. The total site acreage is to remain the same. The site is located adjacent to an arterial road network that has suffered heavy congestion during the peak hour for the last 10-15 years. It is also adjacent to a proposed development that is currently undergoing public hearings. We are proposing the following work scope to address the concerns raised at the meetings with you JoeElliott, Keith Manley, and Phil Stafford and in the letter dated March 26th, 1985. T ask I - Estab I ish Data Base Review existing documentation within the traffic shed of this project. Collect all available traffic counts and approved "new" trips (San Jose only) from Campbell, San Jose and Caltrans. Inventory existing circulation network and review all proposed improvement plans to the circulation system in the vicinity of the project site, including proposals for interchange modifications for the Route 17 Freeway. For all 26 intersections shown in Exhibit I obtain available signal timing and phasing. These intersections were selected by the Campbell and San Jose traffic departments. This list may need to be expanded if the traffic analysis performed in Task 4 reveals that additional intersections fall under the 1.5 percent level of service (LOS) and I percent LOS E rule established by Campbell. Task 2 - Conduct Traffic Counts and Review Existing Surveys Review available employee/customer surveys conducted at the Pruneyard to determine where people are coming from to go to the project site. This data (apparently broken down by ZIP code) will help to determine the directional distribution of existing and future traffic and will be used in the trip assignment phase of this study for the project. 1419 Broadway, Suite 700, Oakland, California 94612-2069 . 4151763-2061 Mr. Arthur Kee City of Campbell April 19, 1985 Pa-ge 2 Conduct AM and PM peak hour manual turn counts at 9 intersections in Campbell shown on Exhibit I, to update existing data base. Conduct 24-hour machine counts at the 14 locations shown in Exhibit 2. Task 3 - Trip Generation Based on directional distribution information from the 900 Hamilton EIR and from available survey data from the Pruneyard determine, in concert with the City, the appropriate trip distribution for the new project traffic. Trip generation rates for the project are to be based on ITE trip generation rates. These new trips would then be distributed to the street network per the agreed upon distribution. This step would be undertaken for Phase I and Phase II of the project. For each of the analysis years we would estimate background traffic growth. Background traffic consists of two variables: traffic related to general traffic growth unrelated to any specific project, and traffic related to approved projects which are anticipated to effect the key intersections listed in Exhibit I. The former will be estimated wtih an annual growth factor. The latter will be determined from a list of approved projects that will be supplied by Campbell and San Jose. Task 4 - Computer Model We propose to code the circulation network within the study are using a computer model called TRACS. The model performs automatic level of service calculations for each intersection in the network (TRB Circular 212 - Planning Method and City of San Jose (CSJ) Method). The model runs on IBM PC's. A brochure more fully describing TRACs is attached as Exhibit 3. Task 5 - Traffic Impact Analysis Conduct an AM and PM peak hour traffic impact analysis for the selected analysis years for the intersections shown in Exhibit I. The capacity analysis wi II be done using both the Circular 212 method and the City of San Jose method. We would also look at each arterial as a "system" to analyze traffic impacts. In addition, potential traffic impacts upon neighborhoods adjacent to the project site would be identified. Specific neighborhoods to be considered include the area east of Bascom, the area west of Route 17, and the residential area south of Campbell Avenue along Union Avenue. We understand that the Council has a policy of discouraging additional traffic along Union Avenue. The primary focus will be to identify any impacts of potential thru traffic into residential neighborhoods. The traffic impact analysis on the intersections and arterials would focus on capacity, basic traffic flow, and impact on signalization. This analysis may show that additional intersections may need to be included in the analysis to meet the LOS policy of the City of Campbell. Additional intersections would be considered an extra and are not included in this fee estimate. The analysis will examine traffic impacts for the development scenarios listed on Exhibit 4. Task 6 - Mitigation Measures Based on results of traffic impact analysis, appropriate mitigation measures will be developed and tested for each of the traffic analysis years. These measures could .3Nd NV 10 1~3W ~ O'.f ..Y Xs ..Y. ~'.y '<.Q. Os .3^'<:J HDI31 $ ~31S3HJNIM ~ w :> :> c:: c:: Z ..J 0 ..J I-- w ..J CO 0- x: c:: Cl Cl U W w I-- I-- UW U..J WVl W..J ..JO ..JW Vl W..., wCO Z VlZ VlO- 0 x: - VlC:: VlC:: I-- " Z Vl ZU U CD 0 0 W si _I.L. _I.L. Vl 1-0 1-0 a: U U W ~ W>- W>- I- -C Vll-- Vll- Z I- ..< c:: - c:: - ~ CD WU W,U - I-- I- 0 m ~m Z>- Z>- ~ - -CO - CO :J: CD 0 <J ~ >< 1:0 W -I- ~ .3NrJ NV I a 1 );l3W O'.-r ~ .( s.;) ~'..y '<'I/, Os .3^V H~131 );l31S3HJN1M ~ ::> ex: z o I- -l ~ ex: ::x:: l.l.J ::> ex: -l -l l.l.J a:l Cl.. ~ ex: u - C g C\I 0 en t:: ! .~ m ~- ~ (,) to ... to (,) ~ :t.3 EXHIBIT 3 .. .... ....- ~..;' associates Traffic . Transportation . Engineering Tracs Model TRACS (TRaffic Analysis Computer Software) is a microcomputer program developed by DKS Associates for forecasting traffic volumes and evaluating volume-capacity relation- ships at crucial street intersections. TRACS is particularly useful for identifying, tracing and evaluating the impacts of numerous alternatives, and has been utilized to assess the impacts of individual site developments, the cumulative effects of multiple developments, and the impacts of street and freeway improvements. TRACS is a highly responsive, human oriented traffic forecasting program designed for use with today's microcomputers. It has been utilized in practical analytic applications for over four years. TRACS models are functional in a dozen cities and have been applied in impact assessments for over 50 projects. TRACS MODEL OVERVIEW Unlike conventional traffic forecasting models, TRACS starts with existing base traffic volumes and allows the user to directly input information on the trip generation, distribu- tion, and paths of new trips. The TRACS program adds the new traffic to the base. traffic following the precise instructions of the engineer or planner. The TRACS program has three basic components: zones, gateways and intersections. Zones are the location of the proposed new developments. Gateways are the locations on a cordon around the stvdy ar~ato which trips are destined. Intersections are included in the program at any location where volume/capacity information is desired. TRACS uses data on Intersection geometries, existing traffic volumes, traffic generation for proposed developments, and traffic distribution from each zone to each gateway. . TRACS assigns the new traffic to each intersection, adds it to the existing volume, and computes the resultant volume/capacity ratio. The volume/capacity calculation in TRACS is based on the critical lane technique used in . TRB Circular 212 "Interim Materials on Highway Capacity". The program considers the; type of signal phasing (2 phase, 3 phase with left turns, approach phasing) and deter- mines the combination of opposing movements (left vs. through) which combine to be the critical approach movements. The volume per lane of each critical movement is divided by the input lane capacity to determine volume/capacity ratio. TRACS is easy to set up. The program is currently running on the IBM PC, CDC, and a 68000 based UNIX system. It is written in Standard FORTRAN and can be readily con- verted to run on computers of almost any size. FOR MORE INFORMATION If you are interested in learning more about TRACS or in seeing it in operation, give Rich Sauve, Steve Lowens or Rick Dowling a call at 415-763-2061. We will be glad to answer your questions, arrange a demonstration, or provide a written proposal. 1419 Broadway, SUite 700, Oakland, California 94612-2069 . 415 763-2061 _Jr. associates Traffic · Transportation . Engineering ADV ANT AGES OF TRACS TRACS has many advantages over conventional traffic forecasting models for applications to area-wide and project level impact analyses. I. LOW COST TRACS avoids the cost and time consuming tasks associated with initial development of conventional traffic forecast models. Some of the unfortunate attributes of conventional traffic models eliminated by TRACS include amassing detailed population and employment data, coding and tuning a computer representation of the street network and "calibrating" a theoretical reproduction of existing traffic to "verify" the forecasting capabilities of the model. TRACS avoids these tasks by accepting existing traffic counts as a base background volume rather than trying to theoretically "reforecast" existing traffic within the model. TRACS concerns itself only with forecasting the increments to existinq traffic which result from new developments or facilities changes. 2. CREDIBILITY TRACS produces credible and reliable traffic assignments. Outputs of. conventional traffic models often exhibit awkwardly imbalanced loadings on parallel streets. These result from imperceptibly small and meaningless travel time differentials taking on absolute importance in the "all-or-nothing" logic of other models' path-building algorithms. TRACS avoids this problem by using rational human logic to define the most reasonable path for each traffic movement. In fact, in complex situations, TRACS can be encoded to account for multiple path choices between origin and destination, which corresponds with actual driver behavior. 3. TRACEABILITY OF IMPACTS TRACS provides direct traceability between land development (whether a specific project or general growth in a neighborhood or sub-area of the city or " county) and the traffic improvement needs it generates. This capability is (. crucial where a project impacts facilities remote from the project site and is particularly useful in apportioning responsibility and cost for an improvement where several developments jointly impact 0 facility. This traceability feature is also an important attribute of TRACS cases where the user desires to implement a transportation development fee structure and must demonstrate the equitability thereof. TRACS enables the government entity to demonstrate the relationship between the fee and the "services rendered", tracing the users of improved transportation facilities (i.e., the services rendered) which provides the basis for validity of the fee under state law. 4. FLEXIBILITY When new development proposals surface which were not envisioned at the time of the user's overall forecast, it is simple and cost-effective to execute a TRACS run to update the forecast. DKS will remain on-call to provide update runs on the model. D... ..... " .-.:../- associates Traffic . Transportation . Engineering AN EXAMPLE OF TRACS OKS Associates has used TRACS to analyze the cumulative and individual traffic impacts of office buildings, shopping centers, sports stadiums, residential complexes, convention centers, freeway extensions, new streets, major freeway interchange modifications, and a freeway teardown. Cities where OKS Associates has TRACS networks already coded include San Francisco, Oaklond, San Mateo, Anaheim, Sacramento, Hayward, San r-{afael, Santa Barbara, Napa, Ontario, Rancho Cucamonga, and Walnut Creek. The following example illustrates the application of TRACS in the Core Area Traffic Study for the City of Walnut Creek. The study area consisted of the entire two square mile downtown area of Walnut Creek. The TRACS model was used to estimate the Ail/I and PM peak hour impacts of individual projects as well as cumulative development. A total of 38 development zones, and 38 critical intersections were identified in the study area (see Figure I). -----I:~ ' _j.i : ~..\\',~-"T " (:.~n;.< y !. _-->;' , , /~~f:.'~~i)~:;-I[; --~ --.;:j":'-::'~' . \ -"'}b, _--r' , I ~ ~2!~ -~ / - - ,.:' . , ~ .' \ The bose data (turning movement counts) was obtained from city files and supple- mented by OKS field counts. Trip generation rates and development sizes were input to TRACS to obtain a trip generation report. The distribution of trips for each zone was estimated based on an employee survey performed by DKS and information from the regional transportation planning agency. (DKS Associates also has the capobility to estimate trip distribution from traffic counts and other data.) The paths between each zone and gateway were identified based on travel time runs made in the area by OKS Associates. .0 The TRACS model outputs several tables showing the base traffic volumes, the added volumes, the toto I volumes with development and the level of service. Figure 2 (on next poge) shows the last of these tables giving forecasted total turning movements, volume/capacity ratios, and level of service. Details of the capocity calculations for selected intersections can also be obtained from TRACS as shown in Figure 3. b .2. Associates Figure 1. DEVELOPMENT ZONES D.' - .........,. _ ~....lW associates Traffic . Transportation . Engineering ", [tKS AS~jOCIATLS lBAUGB1 10: 10: 47 WAI_Nur CREEK {:Ofi'( AREA ~; fUllY CUHUlAl JV( ItEV[l.OF'I'1ENT -. F"M PEA" HOUh .-. WITH itf.:OAllloIAY EXTENSlON fOTAL VOl UHES ANti VUl UH[/CAf'AC 1 T 1 RAT 10 A' ~;rU[tY Af,(A IN rERSlCllON~; INHf\SEC1IClN SFRV NOF.:THIIOUNII WESTliOUNIi SOUTHFiOUN[J EAST ~OUN[I vie LEVEL LErT THfW RIGHT LETT THfW RIGHT LEFT THRU RIGHT LErT THF,U FdGHT 1 ND HAIN ~AN LUI ::, , .6 (A) 308 909 0 0 0 0 0 <3. 270 ,.9 0 76 0 NO MAIN . 1'48680 OF ,7' 'C' 0 871 0 128 0 :'66 0 17~:' 0 0 0 C 3 f'Af.'~ S] TiE + NO MAIN 1. 01 'F' : 40 2027 118 9' 164 733 442 12::'8 '77 676 272 3' . f'Af.r-.SI [IE + JONES .58 (A; : 164 156 10C 71 757 100 100 103 150 50 749 71 ., r'Af\KSJflf + NO CIVI c- 057 'AI : 293 830 0 0 0 0 0 288 251 457 0 326 . NO HAIN . NO CALIF .89 ([l) : 0 1207 120 0 16 0 0 621 593 1228 27 136 f'R1NGi r + NO CAUF ,7B 'C) : 201 1 O~J4 92 152 .0 87 203 9.0 70 144 '09 170 8 F'f..:INGl [ . NO MAIN .56 fA, : 108 1161 0 0 0 0 0 869 _. 1'6 0 :'96 9 'iGNI;U VL . S1I680 ON 1.08 'F) : 0 0 0 ::'017 3rJ 600 0 0 0 JJ 171 132 10 'fGNCU VL . NB680 OF 1. 39 (f, : 160 0 1099 0 2832 0 0 0 0 0 171 0 11 l'GNCQ 'IL + OAI\LAN11 1. 31 'F' : 2::'8 110 :.'6:1 204 :'216 299 ::'30 90 388 51 117~ '" 1:' 'fGNCCl VL . NO CAL IF 1. 24 (f) . ,l,lf: 100::' ~'-:' 1 1 ::'5 1310 M 162 733 811 305 1325 120 13 "(GNUl VL . NO MAIN .97 ([) : 152 1:'6:' 3~J~j 143 835 168 521 SEd 202 126 1410 90 '4 "(GNCCl VI. . NO llfdllol'r " 84 ([I) : 1 bO 418 :'L' 92 1475 120 149 3:"~ 227 214 1858 104 '5 l'GNCO VL . ClVIC fiR ,9' 'E> : 70 618 1078 6:'4 1~] 7 '" 460 3:'0 90 ::'30 ::'069 50 16 ClVIC flF, . NO CALIF ,88 (II) : 70 1 .-'~,1 414 340 103 20 50 951 20 30 75 60 17 CIVIC ilF.: . LOCUST ,41 fA) : 30 201 :!O] 111(, 433 '0 00 16] 00 20 409 '0 1" CIVIC IIR . NO MAIN ,80 (Ii) : 30 4:::'1 23::' 132 4":1' 90 50 490 87 IO'"'! 569 50 19 Cl VI L' [IF.: + NO tlF:[lI<l( ,89 ([I) : 11,0 .68 761 .9. 563 29 10 35~-) '71 BO 7., 70 00 LINCOLN . NO [lfifiWY ,66 ,., : 20 1065 30 40 20 '00 50 77'.-- '0 30 30 .0 ::'1 liONf\NZ,\ . NO CAt If " 91 (E " : 75 1232 60 30 96 10 50 879 ::'6:' 493 335 69 -. MT rlIABL . w. 24 ON ,78 ,C> : 60 00 4'70 390 9'8 120 180 '0 10 10 1098 60 23 MT [IIAi-ll . OA"lANfl , 76 (C) : 0 0 0 0 1079 1::'1 14 0 349 '00 104B 0 2.. M' IlIA8L flUNANZA ,67 ,", : 0 0 0 0 860 50 '0 0 364 :"::'6 856 0 _J MT VIAfll . NO CAL If ,87 ([I) : 30"1 990 9'1 124 518 1 ::'3 193 13"! 83 230 616 1.0 06 M1 [IIAIIL . LOCUST .17 (C) : 0 0 0 0 903 111 155 0 152 159 8B' 0 :.'7 M' liIAfl! . NO MAIN ,TS (C) : 160 J~j4 ::'77 119 493 " tHo 37:' B1 192 637 200 :'8 M' TIIAllL + SO ~lf([IWl , 9~ (f;) 193 .19 177 151 326 131 229 831 103 227 6:>3 :'10 29 m'iMf'lC , NO CALIF , S, ([I) : 17,) 611;~ 10 l 19.) 19] 100 70 501 31 S 33' 171 271 30 Nf WE'LL . ~;i1680 OF . '70 (C) : u 0 0 0 3~1 0 734 0 200 0 270 0 31 NU.I[Ll. + N1I680 ON . ,j ~ iA) : 0 0 0 0 351 776 0 0 0 90 1034 0 3: NEIol[LL . NO CALIF " B' ([I) 80 ltO .0 00 526 319 547 00 5:'1 234 590 10 33 HE ~E l_l + SO MAlN " 69 ,.' : 330:.. 208 130 106 370 130 290 69-:' l~O 150 500 ~J31 34 N[W[lL . ~;I] IIFd\WY .83 (II) : '80 6:"9 50 50 390 160 210 696 106 500 800 280 3', l 1l AC . so 11,\JN ,63 '., 75 76] 10 10 10 20 .0 1::-'6", 110 100 20 70 36 CRI\SI11[ . SO MAIN ,60 ,., : 0 576 100 70 0 170 417 983 0 0 0 0 37 RUl!GEAR + 5E1680 ON .9' ,u : 0 0 0 1066 230 0 0 0 0 0 .90 ,.0 38 fW[lGEAR . Nt1e:.8C' OF " 89 (il) : 80 719 80 0 :'50 '::PO 60 0 966 90 480 0 39 [iUMHl' + " 00 'A' : .. 0 0 0 0 0 0 0 0 0 0 63 40 OL YHf'IC . Nll680 .26 fAl : 0 0 0 0 689 0 0 0 0 0 778 0 ., Ol. YHF'lC + SEl680 ,76 (A) : 0 0 0 0 689 0 0 0 0 0 778 0 Figure 2. TOTAL VOLUMES REPORT :;'1 III\S AS~;DCIATES WAl NUT eREfI<, CORE AREA ~,rutly CUMULATIVE [1{'.'[LClF'MENf PM F'[,)K HOUf;' \o4tTH FlRuArIWAl' EXfENSION DI\S ASSOCIA'fES INT[f(~;ECTION CAr'ACITY CALCULATION LOCATION f'ARI\SHlf. -t JONE'S IlIf\E.C1ION VOLUMES LEF"T lHfW f\IGHT LANES SIGNAL LE.FT THfW RIGHT Tn'[ f'ARI\SI liE NO~THflOUN[I 164 1:"6 1013 JONES W[~;TW)l!Nl' 71 757 100 F'ARI\SlltE SDUTHflOUNl1 100 103 1 ~jO JONES [AS rI10UNII 50 749 71 CRITICAL HOVEMENfS lIIR[CTIUN Cf,I1ICAL CRn ICAI_ VDLUMl CAF'ACll'( VOL '(.\t-' F'Mit\SID[ NORTHIlOUN[1 fHHlUGH 264 1500 JON!. ~, W["l !10UNrl LEI , 71 1500 t'AF,~,~, I lit S[JUTHfl(\UNrl LEFT 100 1500 JONE S EASTBOUND THf.:ClIJGH 8:"0 :' f;~! ,) " 18 .O'"J ,07 , ".:'9 lOSS flUE TO AllVEll SIGNAL r'HAS(S .00 VOLUME / CAF'ACIl Y RAllO ,58 LlVEL or Sl'f::vIC[ .., (A) Figure 3. DETAILED CAPACITY REPORT Exhibit 4 DEVELOPMENT SCENARIOS I. 2. Existing Existing and Approved (excluding 900 Hamilton) 3. Existing and Approved plus 900 Hamilton Existing and Approved plus 900 Hamilton plus Phase I Project(1) Existing and Approved plus 900 Hamilton plus Phase II Project( I) 4. 5. 6. Existing and Approved plus Phase I Project Existing and Approved plus Phase II Project 7. 8. 9. 10. Item 4 with mitigation Item 5 with mitigation Item 6 with mitigation I I. Item 7 with mitigation (I) Assumes extension of Campisi Way into Pruneyard. A85-0 106-2./53 Mr. Arthur Kee City of Campbell April 19, 1985 Page 3 include things like additional turn lanes, improved channelization, new traffic signals, new streets, interchange modifications and a new interchange. Traffic impact analysis would be conducted of each of tnese mitigation measures to measure their effects on traffic service. Task 7 - Parking We will determine what the parking needs of the project will be, taking into consideration the types of uses proposed, the possibi lity for shared parking usage due to a mixture of land uses on the site and the potential effects of TSM measures such as carpooling. These will be compared to the amount of parking proposed in the development plan and to the amount of parking required by City Code. Task 8 - Site Plan Review We will review the adequacy of the site plan to handle the access and circulation needs of the master plan proposal. Attention will be focused on the capacity of the access points, the circulation and capacity needs of the internal roadway system of the project, the layout of the proposed parking facilities and general circulation and pedestrian flow pattern. We will identify conflicts between auto and pedestrian flow patterns and the need for signalization of any of the project access points. Task 9 - Documentation The results of the traffic analysis will be documented in a preliminary draft report that will be submitted to the EIR consultant and to the public works department of the City for preliminary review. The. report will be prepared in a format such that it can be included as an appendix in the Draft EIR. We will also prepare the relevant sections on traffic and transportation in the body of the Draft EIR document. This would be done in close coordination with the environmental consultant. After receipt of City staff comments will revise the report to reflect their concerns and resubmit the report to the EIR consultant. As requested by Public Works, we will turn over the TRACS model and the runs prepared for this project to the City together with the internal documentation supporting the model. We would be available to spend up to 2 days training a staff member on the use ' of the model. Schedule and Fee We estimate that it would take approximately two months to collect traffic data and another six weeks to prepare the draft traffic report. Then it would take about two weeks to revise the document after the initial City review. We estimate that a fee of $49,900 would be required to complete this work effort. This includes attendance at 2 public hearings on the DEIR but does not include attendance at planning commission or council study sessions, preparation and response to comments on the draft EIR by the public, nor any additional studies that may have to be done based upon that review. Mr. Arthur Kee City of Campbell April 19, 1985 Page 4 This fee estimate also assumes that only the intersections shown on Exhibit I are to be analyzed, that new turn counts are required only for the Campbell intersection and that the machine counts are confined to the locations shown on Exhibit 2. Furthermore, it is assumed that the City will conduct the machine count at a minimum of 10 locations and that the remainder (4) of the counts will be performed by DKS. The fee estimate by task is shown on Exhibit 5. We suggest that a contingency of $15,000 be set aside for meetings and response to comments. The exact fee and scope would be negotiated after all the comments have been received and reviewed. The fee estimate also assumes only those intersections shown on Exhibit I will be analyzed. The fee would be increased by $600 for each additional intersection to be analyzed, and by $200 if a new turn count is also required. Each additional machine count by $150. The fee estimate does not include engineering studies of proposed mitigations such as additional interchange ramps etc. This analysis will only include sketch as of such improvements. We propose to conduct this study on a time and materials basis up to a maximum of $49,900. We will bill you only for actual hours expended plus expenses at cost plus 10 percent. We will bill you every thirty days per our standard billing rates with payment due within 30 days of the date of the invoice. We appreciate this opportunity to be of service to the City of Campbell and look forward to working with you on this challenging project. Sincerely, DKS ASSOCIATES ~~- ~ r~- - . Hans W. Korve President HWK:ljb Attachment (Exhibits) cc: Linda Peirce - EIP Exibit 5 BUDGET ESTIMATE Subtotal T ask Number Grade Person Hours Rate Sa lory Expense 4 40 $47 $1 ,880 7 4 61 244 $L,496 9 LJ. 93 372 2 I 120 28 3,360 4 60 47 2,B2tJ 6,668 7 8 61 488 Field Crew: 'j Intersections x 2 x $160/lntersection 2,900 8 Machine Counts x $110 080 3 4 40 47 i ,dBu 7 4 61 244 2,124 4 3 80 41 3,220 4 120 47 5,640 9,347 7 8 61 488 Computer: 80 hours x $1 O.OO/hour 800 5 4 50 47 2,350 7 8 61 488 2,838 Computer: 30 hours x $1 O.OO/hour 300 6 3 20 41 820 4 50 47 2,350 4,710 7 10 61 610 9 10 93 930 Computer: 40 hours x $1 O.OO/hour 400 7 4 40 47 1,880 7 4 61 244 2,496 8 4 30 47 1,410 7 5 61 305 2,087 I 9 4 93 372 9 3 16 41 656 4 16 41 656 7 40 61 2,440 9,648 9 4 93 372 C 40 38 1,520 0 40 46 1,840 TRACS FEE I,OOU iv'lisc. Expenses (Reproduction, travel, etc.) 500 ~ Plus 10 percent for handling 678 T ota I Expenses 7,458 Total Salaries 42,415 TOTAL FEE $49,900 AtlS-O 106-2/53 eip Apri118, 1985 Mr. Art Kee Director of Planning City of Campbell 70 North First Street Campbell, CA 95008 ~ [tA~R~~~ ~ CITY OF CAMPBELL P~NNINI3 DEPARTMENT, Subject: Pruneyard Master Plan EIR - Proposed Scope of Services and Cost Estimate Dear Mr. Kee: We are pleased to present our proposed scope of work for the Pruneyard Master Plan environmental impact report. In preparing for this submittal we have visited the project site, discussed the issues with Phil Stafford and yourself, attended a meeting with the applicant and his architect and reviewed the proposed plan and relevant City documents. Based on our understanding of the issues we have prepared the following work scope, cost estimate and schedule. Seope of Services ElP will prepare a "focused" Environmental Impact Report in compliance with the California Environmental. Quality. Act (CEQA), state guidelines and the environmental review guidelines of the City of Campbell. The report will address environmental effects in proportion to their severity and probability of occurrence, focusing on specific concerns identified in the City's Initial Study. The Initial Study, which determines our actual scope of study and initiates the environmental review process, will be prepared by the City upon receipt of a formal application by the project sponsor. It is important to note that agency responses to the Notice of Preparation could require a modification to the scope of services outlined below. Our scope of services addresses the proposed Pruneyard Office Complex and Hotel as depicted on the schematic layout prepared by Maxwell Starkman Associates dated 28 February 1985. The EIR will evaluate a building program which consists of two office buildings at 400,000 square feet each and a 280,000 square foot hotel. Based on our current understanding of City concerns the EIR will address the following key issues: 1. Traffic and Circulation: The work program outlined by DKS Associates (attached) will be incorporated into the EIR document as a discrete section. 2. AestheticsNisual Quality: The visual quality section of the report will first discuss the visual character of the existing buildings on the site. The visual character of surrounding commercial, office and residential uses will also be described and illustrated with photographs. This discussion will establish a framework for assessing the visual and aesthetic impacts of the proposed project. Environmental Impact Planning Corporation 319 Eleventh Street San Francisco, CA 94103 41 5 864.2311 Offices In Oakland and Sacramento Environmental Studies Land Use and Community Planning Wind Tunnel Analysis eip The impact analysis will address the effect of the proposed project on views from adjacent areas including residential areas to the north, west and south, and motorists traveling on Highway 17. The visual analysis will also address the visibility of the proposed 20-story office buildings from more distant areas and their relationship to the overall scale and pattern of development in the City. The analysis of views will be illustrated with a photomontage of the project. A photomontge will require the EIR consultant to photograph a model of the project, if such a model is available. If a model is not available, we would use a graphically depicted outline of the height and bulk of the project. The visual impact analysis will address the size, shape and placement of the proposed buildings and their impact on the character of existing and proposed adjacent development. The location and design of plaza and entry areas and proposed building materials will also be addressed. The analysis will discuss the project's consistency with any visual quality goals and objectives of the City's General Plan. Appropriate visual mitigation measures will be developed as a result of the impact analysis described above. The mitigation section will carefully analyze, as necessary, . methods to improve the project's visual characteristics and its compatibility with existing and proposed nearby development. . 3. Land Use and Relationship to Plans: The proposed project represents a significant intensification of commercial uses on the 34-acre Pruneyard site, which is currently developed with a shopping ce?ter and two office buildings. EIP will prepare a detailed description of land uses in the vicinity of the project site and note the general character of the site itself to provide a setting for the analysis. . Land use trends in the area will be described and General Plan land use designations, of the site and adjacent areas will be discussed. The EIR will analyze the' conformance of the proposed project with all elements of the General Plan and Zoning Ordinance. The project is consistent with the land use designation for the site, but a number oft additional land use policies and zoning districts exist and must be discussed in the EIR. The land use analysis will include a discussion of the Overlay District and the City Council's recent policy (1-15-85) limiting development in commercial areas to 6 stories and 75 feet in height. Any conflicts between the project and these planning policies will be identified and mitigations proposed where possible. The site analysis will discuss both the internal compatibility of the proposed on-site uses and the relationship of the proposed uses to adjacent land uses. The phasing of the project will be discusssed in light of other development proposed for the area. 4.. Jobs/Housing/Relocation: The increased employment opportunities p['esented by the projects' one million square feet of office and hotel development may have an impact on the jobs/housing balance in Campbell. The EIR will include a discussion of the increased demand for housing generated by the additional employment associated 85035 ~ <Zip with the hotel and office development, and the impact of that increased demand upon Campbell's existing housing supply. Access to the project site from the north will require condemnation or purchase and removal of an existing apartment structure. In this event a relocation plan must be prepared by the applicant and/or the City. The EIR will discuss the relocation plan and recommend any mitigations necessary to ensure compliance with State regulations. 5. Community Services; EIP will conduct a baseline analysis of community service provisions in the project area. Representatives of existing service purveyors will be contacted to determine capacities and policy considerations as they would be affected by the proposed development. The adequacy of water supply, sewer and stormwater systems will be investigated and discussed. The cumulative effects of development on the existing sewage treatment plant capacity will be assessed. The_ Fire and Police Department have expressed specific concerns regarding impacts on . the operatons of their respective organizations. These issues will be addressed in the mitigations discussion in the EIR. 6. Air Quality: The air quality section of the EIR will describe the existing atmospheric' environment of the project site and address the air quality impacts of construction, building operation and project-generated traffic. Predicted air quality will be compared with state and federal air quality standards and any violations will be noted. Air quality impacts at sensitive receptors will be assessed. The compliance of the proposed project-with thE! Bay Area Air Quality Plan will be determined. Microscale carbon monoxide impacts will be calculated by the CALINE3 model of the California Air Resources Board (CARB), using emission factors from the state's EMFAC6C computer program. Worst-case meteorological conditions will be', estimated using the procedures recommended for the Bay Area by the Bay Area Air. Quality Management District (BAAQMD). Background values will be estimated from . available data based on BAAQMD procedures. Regional air quality impacts." principally due to elevated concentrations of ozone, would be evaluated based on a I subregional analysis of total emissions of hydrocarbons and nitrogen oxides. Mitigation measures to reduce significant impacts would be recommended. Priority would be given to these measures recommended in the Bay Area Air Quality Plan and by CARB and BAAQMD staff. 7. Geology: EIP will work with the City and use existing geotechnical reports and data to identify known or suspected geotechnical hazards and to establish mitigations consistent with anticipated levels of risk. Minimum standards for on-site investigation should lead directly to recommendations of excavatior.. foundation and construction techniques that would reduce, eliminate or avoid such hazards as groundshaking, lateral spreading, lurching and settlement (total and differential). It is EIP's intention to make maximum use of available literature, including General Plan Elements; previous geotechnical studies; and reports from the U.S. Soil 85035 3 eip Conservation Service, U.S. Geological Survey, and California Division of Mines and Geology. No drilling, trenching or similar site-disturbing a<!tivities will be undertaken. 8. Alternatives: CEQA is designed to ensure that a choice of options on a single site is examined to permit a fuller understanding of the alternatives for development, partial development or no development. The alternatives will indicate what options are available given the constraints of the project site. CEQA specifies a discussion of an "environmentally superior" alternative land use on the site. The No-Project Alternative, as required by CEQA, will assess the impact of maintaining the status quo and will serve as a base for comparison with other alternatives. EIP will refine an alternative scenario in consultation with City staff. Alternatives could include a reduced density project with a smaller building mass ir: keeping with the character of the area, or an alternative site with a maximum.- building height of 75 feet in keeping with recent City policy decisions, located closer to the urbanized area. 9. Statutory Sections: EIP staff will prepare the requisite sections required by the CEQA guidelines, including the summary, growth-inducing impacts evaluation, unavoidable adverse effects, and cumulative impacts. Of these, perhaps the most significant is the evaluation of cumulative impacts, which will include the 900 East Hamilton Avenue project. Cost EIP's cost to prepare the Pruneyard Master Plan EIR through the Draft is $18,330. This cost includes attendance by the project manager at two public hearings, and printing of the Administrative Draft EIR and Draft EIR. . Factors that would increase the scope of work and estimated cost outlined in this proposal . include: attendance at additional public meetings; printing of additional copies of maps Or" reports; analysis of key issues in addition to those identified in this proposal; changes in, the project requiring reanalysis or rewriting of report sections; 'and comments on the Adminsitrative Draft EIR requiring more time than budgeted. We would propose to renegotiate these items, if required, or charge on a time-and-materials basis. The following cost estimate is based on our standard hour-Iy rates. 85035 4: <Zip A. Administrative Draft EIR Task Summary Project Description Traffic Aesthetics Land Use/Relation to Plans J obs/Housing/Reloca t ion Community Services Air Quality Geology Alternatives Statutory Sections Graphics Word Processing Editing Production Project Management Subtotal Administrative Draft EIR B. Draft EI R Prepare Draft EIR Public Hearings (2) Subtotal Draft EIR C. Direct Expenses Printing Administrative Draft EIR (5 copies) Draft EIR (75 copies) Travel Expenses Subtotal Direct Expenses Subtotal Draft EIR Hours Cost 8 400 8 400 (see OKS Work Program) 40 2,000 24 1,200 32 1,600 12 -SOO 15 1,050 16 800 24 1,200 10 500 24 960 40 1,600 12 480 8 320 24 1,920 $15,030 1,200 800 $ 2,000 .' . 50 .. 900 '200 150 $ 1,300 $18,330 D. Final EIR The Final EIR typically consists of two additional hearings and p!"eparation of a response to written comments and verbal testimony on the Draft EIR. The 'cost is often approximately 10-15% of the preceding Draft EIR cost, unless the project is particularly controver-sial, in which case the Final EIR could add up to 25% of the Draft cost. Because of the difficulty of accurately estimating Final EIR costs now, 85035 ;) eip we propose to prepare a detailed work scope and negotiate a Final EIR at the close of the public review period on the DEIR. We anticipate three tasks to be required in preparing the Final EIR: (1) attendance at two public hearings; (2) preparation of responses to comments on the Draft EIR; and (3) printing the required copies of the Final EIR/Response to Com ments. Schedule As shown on the preliminary Environmental Review Schedule, we anticipate that the Administrative Draft EIR can be submitted to the City of Campbell within eight weeks of authorization to begin work. We are. prepared to start work on the EIR immediately upon signing of the contract. We understand that time is of the essence and have developed this schedule to achieve an optimum balance between timeliness and the need for a thorough, comprehensive analysis. We have attached a copy of our standard contract for your review and c.o_nsideration. If the terms of the contract, our work scope, and cost are satisfactory to the City of Campbell we will draw up a final contract for signature. Please do not hesitate to contact us if you have any questions or comments regarding the material discussed above. . EIP is prepared to begin work on the Pruneyard Master Plan EIR immediately upon the City's authorization to proceed. We look forward to working with the City to ensure a timely and successful completion of the EIR. ~y~ Linda Peirce Principal and Project Manager 85035 6 C. -l9 UJ ...J :J Q UJ :I: U en ~ UJc: .... - >w UJc C:::co ...Jo... <t~ r-CD- ZCi)CD UJCO.:O ~ ~ 0. Z-oE Olo...CO coU c::: >.- ....CDO ;>c>. Z2-- UJo...U ..,. N I I i I I I : I I I ; I I I I I I I , I I I I I I ! I i I I I I I I I I ! I i I ! I I i I I I 'H I I , I i I I i I I I ! I i I ! ! ! I I I I I I I i I ; ! I 1 I I I I I I I I ! I I I' I i I I ! I i ! i I I I I I I I I I . , I Ll ! ; , I I i I ; , I I I I . , I I i . I I I I ! I i " ! i a: w o < - o ?; 0) > 0) a: >- ... o . N ... c: ~ 0- "0 C:a: CO_ O)W (J)... >- (1) ~ a:O . M I I I I I I I I I I ! I !, ! I ! i I I , I, I ii, I ! I I I I i I ! i ! I I : I i I I i i I i (J)- - >-< ,0 CO 0 ?;"Ow (1)L()O ._~ >- >-.0 ~a:"O C,) w ~ .o~~ ~~cr O-O~ . Il::t ! , I I I I I I ~i II, I I. I ! I I , I ! I ~ II I I j I I I ! I *' I I I I I I I I !! ~ I I I' I' i ! I I', i ! I I ! I I I i I I I I I I i I I I I I - I I I I i i i I I I I i : I I I '1 I i I I I I , ! I I i i \, I I i I I I I i I ! I I I I I : I I I I i I I I I 'I I ! I Iii I : I I I I i ! I I I 'I o "'a: ~w c: o CO c..C: (J) - 0)- a:2 c: 0) Q) rn E c..E ~o 0-0 CJ) 0'> c: ~ CO (1) I C,) .0 ~ 0- t"'l N N N - N C N ~ ,.. = - " ,.. I:l ,.. U'l ,.. ..,. ,.. M ,.. I I I I I i--+- = I "-r I:l' " I ----"- ~ I M -.-.. I N ----'- I ----"- ,.. I ,--;.. N - ,.. - = ,.. ~ U'l II') ~ ~ ~ ~ 0) > ... CO ~ ... (J) c: E "0 <a: 0)- ~UJ CO... c..- (1) CO ~ ~ 0-0 . 1t) . c.o fJ'j ~ fJ'j 4( ~ . ,.... CONSULTING AGREEMENT THIS CONSULTING AGREEMENT is made and entered into this day of , 1985, by arid between EIP Associates, a California corporation, located at 319 Eleventh Street, San Francisco, California ("Consultant"), and the City of Campbell, located at 70 North First Street, Campbell, California 95008 ("Client); WITNESSETH THAT; in consideration of the premises and covenants hereinafter set forth, the parties agree as follows: 1. Consulting- Services. (a) Consultant agrees, during the term of this Agreement, to perform the consulting services set forth in Exhibit A relating to the preparation of an Environmental Impact Report ("Report") with respect to Pruneyard Master Plan ("Project"). (b) In addition to the services described in Subparagraph (a) above, the parties may from time to time agree in writing during the term of this Agreement that Consultant shall perform additional services in connection with the Report or the Project. Such additional services may include, but are not limited to (i) changes in the services set forth in Exhibit A because of design changes in the Project; (ii) preparation of special detailed graphics; (Hi) research and analysis in addition to the requirements therefor set forth in Exhibit A; (iv) a,dditio~al studies or modifications of existing documents because of changes in any laws, rules, regulations or policies of any state, federal or local governmental authority having jurisdiction over the Project; and (v) attendance by Consultant at more than 2 public hearings concerning the Draft Report. (c) Nothing in this Agreement shall operate or be construed to preclude or inhibit Consultant from rendering similar services to any other person or entity. , Consultant shall be obligated to devote only so much of its attention, skill and effort as may be reasonably required to perform the services described herein in a professional and timely manner. 2. Duties of Client. In order to permit Consultant to render the services required hereunder, Client shall, at its expense and in a timely manner, (i) provide such information concerning the Project as Consultant may require from time to time to enable Consultant to formulate a description of the Project for purposes of Consultant's ~tudy and evaluation of the Project's environmental effects; (ij) assist Consultant in the development of a description of an alternative to the Project; (iii) assist Consultant in Page 1 of 5 Pages EIP Form # 10 lA the coordination and exchange of such planning and design information relating to the Project as Consultant may require from time to time; (iv) promptly inform Consultant of any pending or confirmed changes in the design of the Project; (v) prpmptly review any and all documents and materials submitted to Client by Consultant for Client's comment in an effort to avoid unreasonable delays in the progress of Consultant's services; and (vi) promptly notify Consultant of any fault or defect in the Project in any way relating to the performance of Consultant's services hereunder. 3. Personnel. (a) Consultant agrees that it will employ, at its own expense, all personnel reasonably necessary in its discretion to perform the services required by this Agreement and in no event shall such personnel be the employees of Client. All of the services required hereunder shall be performed by Consultant or under its direction and all personnel engaged therein shall be fully qualified under applicable state, federal and local law to undertake the work performed by them. (b) In addition to personnel employed directly by Consultant, Consultant shall have the right to engage such subcontractors as it may deem necessary to the performance of its services hereunder with the prior approval of Client, which approval shall not be unreasonably withheld. 4. Compensation. Client shall pay to Consultant an amount not to exceed the sum of $18,330 as consideration for the performance of the services through the publication of the Draft EIR se't forth in Exhibit A. Such compensation shall be payable in the following manner: (i) A work retainer of $2,000 shall be paid to Consultant at the time' Consultant commences the performance of services hereunder. Such work retainer shall be applied against the monthly statements described in Subparagraph (ii) below until exhausted. (ii) Client shall pay within thirty (30) days of receipt the amount set forth in monthly statements submitted to Client by Consultant describing in reasonable and understandable detail the services rendered, and fees charged and expenses incurred by Consultant during the previous month in accordance with the billing standards set forth in Exhibit B, including fees and expenses for additional services authorized by Subpara- graph (b) of Section 1 above. (iii) Upon Client's failure to pay within thirty (30) days of receipt the full amount set forth in any monthly statement submitted to Client by Consultant, said unpaid balance will bear interest at the rate of one (1) percent per month until the amount of said unpaid balance plus interest thereon shall be paid in full. If, for any reason Page 2 of 5 Pages EIP Form #101..\ whatsoever, the payment of any sums by Client pursuant to the terms of this Agreement will result in the payment of interest which would exceed the amount which Consultan.t may legally charge Client under the laws of the State of California, the amount by which payment exceeds the lawful interest rate shall be automatically deducted from said unpaid balance or otherwise credited to Client's account, so that in no event shall Client be obligated under the terms of this Agreement to pay any interest which would exceed the maximum lawful rate. (iii) Consultant shall, at its sole discretion, have the right to suspend work on the services performed hereunder, if Client has any monthly statements as described in subparagraph (i) above more than 60 days past due. Consultant shall recommence work upon payment of all statements then past due. 5. Time of Performance. Consultant shall commence the performance of its services under this Agreement forthwith as of the date of execution thereof, and shall diligently proceed therewith in accordance with the schedule set forth in Exhibit C, subject to delays for causes beyond the reasonable control of Consultant or occasioned by changes in the design of the Project or the failure of Client to perform its obligations hereunder in a timely fashion. 6. Ter'm. (a) The term of this Agreement shall commence as of the date first- above written and shall continue until the earliest to occur of the following: (i) the date on which Consultant notifies Client in writing that it has completed all of the services required hereunder; or (ii) five (5) working days after written notice by either party of substantial failure by the other party to fulfill its obligations under this Agreement in a ' timely manner through no fault of the terminating party. (b) If this Agreement is terminated prior to the completion of Consul- t tant's work, in addition to any other rights and remedies provided by law or under this Agreement, Consultant shall be entitled to compensation for all services performed and costs incurred hereunder through and including the date of termination. 7. Ownership of Docu ments. Consultant agrees to return to Client upon termination of this Agreement all documents, drawings, photographs and other written or graphic material, however produced, received from Client and used by Consultant in the performance of its services hereunder. All work papers, drawings, internal memoranda of any kind, photographs and any written or graphic material, however produced, prepared by Consultant in connection with its performance of services hereunder shall be, and shall Page 3 of 5 Pages ElP Form # 10 lA remain after termination of this Agreement. the property of Consultant and may be used by Consultant for any purpose whatsoever. 8. Independent Judg-ment. Client understands and acknowledges that the preparation and presentation of the Report may invite criticism, controversy and litigation which may be motivated by public or private opposition to the Project although based on the adequacy or accuracy of the Report. Client agrees that any such criticism, controversy or litigation with respect to the Report will not cause Client to withhold payments due to Consultant hereunder o.r be the basis for any suit, action, request for indemnification or other claim by Client against Consultant. Client further agrees that the failure of Client or any governmental agency or third person to"'agree with the Report or the findings, conclusions or recommendations contained therein shall not be construed as a failure on the part of Consultant to perform its obligations under this Agreement. 9. Litig-ation. In the event that either party brings an action under this Agreement for the breach or enforcement thereof, the prevailing party in such action shall be entitled to its reasonable attorneys' fees and costs whether or not such action is prosecuted to judgment. 10. Notices. Any notice or demand desired or required to be given hereunder shall be in writing and deemed given when personally delivered or deposited in the mail, postage prepaid, sent certified or registered, and addressed to the parties as set forth above or to such other address as either party shall have previously designated by such a notice. Any notice so delivered personally shall be deemed to be received on the date of delivery and any notice so mailed shall be deemed to be received five (5) days after the date on which it was mailed. 11. Waivers. Waiver of any breach or default hereunder shall not constitute a continuing waiver or a ~aiver of any subsequent breach either of the same or of another' provision of this Agreement. 12. Modification. No waiver, alteration, modification or termination of this Agreement shall be valid unless made in writing. 13. Assig-nment. Neither party shall assign, transfer or otherwise dispose of this Agreement in whole or in part to any individual, firm or corporation without the prior written consent of the other party. Subject to the provisions of the preceding sentence, this Agreement shall be binding upon, and inure to the benefit of, the respective ~uccessors and assigns of the parties hereto. 14. Governing- Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Page 4 of 5 Pages EIP Form #101A 15. Counterparts. This Agreement may be executed in one or more counter- parts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 16. Further Assurances. The parties agree to have executed any and all documents and take any and all actions which may be necessary or advisable to effectuate the purposes of this Agreement. l7. Captions. The headings or captions to the sections of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part thereof. 18. Severability. If any term, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, the remainder of this Agreement shall remain in effect. 19. Entire Agreement. This Agreement sets forth the entire understanding between the parties as to the subject matter of this Agreement and merges all prior discussions, negotiations, letters of understanding or other promises, whether oral or in writing. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first-above written. "Consultant" "Client" EIP Associates, a California corporation City of Campbell By John Davis Principal By Page 5 of 5 Pages EIP Form #101A r CITY OF CAMPBEll 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Department: Pl anni ng March 26, 1985 Mr. Kenneth Reaves Director of Urban Design Maxwell Starkman Associates 9420 Wilshire Boulevard Beverly Hills, CA 90212 - RE: Areas of Potential Environmental Impact. Pruneyard Redevelopment Dear Mr. Reaves: The purpose of this letter is to outline for you some of the areas of potential environmental impact that may result from a redevelopment of the Pruneyard Shopping Center. The comments discussed in this letter are in response to your letter to Mr. Arthur Kee dated February 28, 1985, and to a schematic layout for the Pruneyard site which was prepared by your office on the same date. As envisioned at this time, the site redevelopment will consist of two new 20 story office towers each having a gross floor area of 400,000 square feet, a 350 room hotel building that will be 12 stories high, and related parking facilities. As indicated in the schematic layout, the existing 18 story and 10 story office towers will be retained and the existing shopping center area will be modified to accommodate the new structures. The schematic layout for the site has been referred to the various City Depart- ments that will review and comment on the plans once an application is filed. Preliminary comments from the Police and Fire Department are attached. The preliminary environmental concerns of the Planning and Public Works Depart- ments are outlined for you as follows: I. TRAFFIC - complete analysis of the impact of the projected increased traffic volumes and movements as a result of the proposed development on the public streets and highways system, including: A. An analysis of all intersections affected by this project that currently operate at a Level of Service 0 that will have a degradation in the level of service of 1.5% or more. B. An analysis of all intersections affected by this project that currently operate at a Level of Service E that will have a degradation in the level of service of 1.0% or more. CITY OF CAMPBEll Mr. Kenneth Reaves Page 2 March 26, 1985 Copies of the complete and unabridged traffic engineer's report must be made available to the Public Works Department prior to or at the same time the Draft EIR is submitted to the City. II Aesthetics - an analysis of the aesthetics and visual impact of the develop- ment on the surrounding area. III. Jobs/Housing - an analysis of the proposed project's impact on the Jobs/ Housing Balance in Campbell. IV. Infrastructure - an analysis of the proposed project's impact on storm and sanitary sewer systems, water supply system, and utilities. V. Geology - an analysis of the proposed project's ability to withstand geologic hazards such as earthquakes. VI. Air _ an analysis of the proposed project's impact on the quality of air. VII. Relocation - an analysis of the impact of the proposed project on the existing apartment complex to the north of the project site (Aloha Apart- ments) . The foregoing main areas of concern, including those raised by the Police and Fire Departments,are intended to serve as an approximation of the scope of work that will be required for inclusion in a project of the nature being proposed. It should be noted, however, that no specific site plans, elevations, or an application have been filed with the City for this project as of this date. With this in mind it is quite possible that additional areas of concern or expansion of some of the areas already outlined may be necessary once the application is filed. The guide used by the City of Campbell in assessing a project's environmental impact is identical to the one generated by the State of California in the CEQA Guidelines. If there are any questions regarding the information contained in this letter, please feel free to call. Very truly yours, Arthur A. Kee Planning Director ~~ Principal Planner PS:dc Enclosure ~ - - --; ....... -- '- -iJL~ r_~_~_Q_B_~_~_~_~_~ P:l ~ 1 Stai"i",='r.j, P:"ann.ln'~1 De ,?31' t)1I '~;I t. ,]5) ~ ~ U\\ .,. l' I ' r;::I' ~ Ii" r ~~ ~ U 'u l:, : ; 'I' ! I ) ~; F:- - '. !"~_I~~..5:f~' Y.::':'.iLld, F.:re :-}F~;J~rtJT:t::-Lt ~ CITY c;:- CAr\';~"'"):':=L~ FLAr..:/,!!",:: D=PA"I~.:=r.JT. F<~ : CQK~IT:Q~S OF APPROVA~ PRopelSE::; PR:_~ NE\' P.. F:I.; I'-)PC.' .JEI:":"' 1'3()1 :::.. BASCOM A\lENi.1E Th@ F~1'e Dep8rtment. has the following concerns regard.lng the proposed new h.lgh-r.lse proJect at the Pruneyard. 1. The Fir~ Department strongly feels that retrofitting a sprinltle1' eye,":..e,', lnto the e/:.is":..ing high-risE buildings should be a ccnolt,:r, o~ approval for add.lt.lonal build.lngs. These exist.ing uns?rin~lered h.lg~-ri~e bUildin?s represent one of the grea~esc p0te~tia: f~r~ hazHrds 1n the C.lty of Campbell. Recent. P:':p.='l".lf?nCe has shown that no Flre Department can adequately heL.-::e 0. i'lrE? l.n an unspr.lnklered hlgh-risE? build.lng. Before add~ng additional high-rise buildings. which would grea~ly ir"p,:':!ct tho::- k;p]'vi CE:- demo.nd~, on OUl dep8rtment. we feel that 1.;.,=, ,""J eve': c);-' .:~ ~ stloul.j red~c~\ the f~re ha~ard ~m?act o{ the 8~...:.J. ~:"t_ }-, " .;....' I ! ' ~(~:r.=:::. t,y r':"c'./_C.::..rJ9 a'~~c.i:'5."T.ic E.;>l.ln::._01 E,y[:.:.(-:-r;I_~',. 1\ e,~' :E-.:-l-!Y-!'::l:~:"~~:' :i~1 1 if?hty..'t:J..C!~'~ r.l.-~-;:."':.i.:' :-,i~'f:': a.n,d -fast respc1nse r-r:r_ll:'.2c!' hC9':::O: )-,.:::.s, n..:':'.::€:- "",u'-" rf,.t.rof"t,_.;.ns: possibll? at ace,:.,' ,-,-+ 6" - :': _!.. ~;~ ~":.~: './ S~~. ::-i: 'r-..,:...... .s~ua.:~e f(~":lt. On,= e>:,=PI~.le of such a .i: '.. .:~, -~.~ 1 ,~~{ ~~. ~- t: t:-'- ~ e:;:- :r i c\':_ t '_, ;~! r iJ Cl:r a"L- .::.. CJ r), ~'h i C"::-J 1 c.~ C U l' r E:' n ~_ 1 \/ r~-'~I-':'=-~:"":'...l"n'~~ all o:t th*..?2..1- r.l~9t!-l:-i!3-~ h,:l"t_e:s Wlt.tl .:SU--:'ClTi'a"':..:i.c' ':=~'l .' 1: ink j e 1 E:I YoSt. E:.: In [". . Acc,=:~s to a1: side[~ of hiS:-'-.l'.lS(:;> t.u,:ldlTJ'?G with minimum t'..J~1;'," :l,,:,t_ acc,~s~ Cil ive.....aYE i= required foy e::f>2ctive -firefightlr,'J. t~..:.~ re':'!'3.1":':. y".t2 ha\/.:..: 6 C:"C';J(~.'-:'..::~+n \.o..'Jtli a.,=,~.':::~,:':': te' th-2 w~st S.if':f:~ ,~,( -: :-:c Lc-,!-thcl n [,11;-i i ce towP1. Ar~C'f:;'f-.8. to a2.} c.trJt?l- r)L.:11~ir.sE:.'. a;:1~'~::1~ <- .. - 1..' be .:3.::::':?::1....l.:=-:.f..:-. 3 WE ~ill requir-e the developer to provide storage cat.inets on floors 5, 10, and 15 of all buildings to store Fire Department equipment use~ in emergency situations. We would also requlre the developer to provide su-f-ficient funds to our Department to purchase equipment such as hose. tools. no=zles. and breathing a~~aratus cylinders, in a euffic1ent quantity to stock these e~ergency cat.inets. 4. We will require that ~i!e Department connections -for sprinkler and standpipe systems be located at least 300 feet -frem h19h-l~S~ bUlldings to reduce the danger to firefighters -from falling g..!.a.:.:",E. . Other than the above cond1tions. we ant1cipate that the buildings will be constructed in full compliance with Title 19 and Title 24 r-::..':r"':lre~I(?7"1"t..:..s Ii.:.r rli?:-l-rist:; b-uilclinSL''':,. ;"", !eql~j~~ elJtoma4jc spl"inJ{ler systerre in a~l aYe8,~'::' e,f' t~~E: r:.: \,' L"..i.:'::_-';;2. ';'fl'-:',Jd:..n'~l f'~l'kln9 garasc..'C', and any par;';ing areas un.j~:::. :--'u - ~::: ~ r 1:1~'. C~~ ~ . _ E: ..; ~ (:"!,,,: \ j 1 1.~ L v...'-:-' /:: '....'?y c- - U"\o-' '--"- / 'V ~ ~ ~ CITY OF CAMPBELL MEMORANDUM From: Arthur Kee Planning Director Donald R. Burr Chief of Police Date: March 18, 1985 To: Subject: CITy r, '_ ....~ C PLA..!::J~' 4.'.._, -------------------------------------------- Ik~nfp~~~~-- AF.:, "~:::l\il POTENTIAL PROBLEMS AT PRUNEYARD !p] [f ([g c I'"? i ;-; ~L0 We have reviewed the available information on the proposed changes at the Pruneyard. The following is a list of the potential problems as we see them. 1. Securi ty in the garages 2. Security connected with the Hotel 3. Traffic 4. Dens i ty 5. Parking availabi 1 ity ~~ A1~~ Donald R. Burr, lef of Police /hr .(). MAXWELL STARKMAN ASSOCIATES Architecture. Planmng . Urban Design 9420 Wilshire Boulevard. Beverly Hills, California 90212. (2131278.6400 :J"" :\.\ , {,' . I, ;: :U: L_..J February 28, 1985 CITY D F CJ-\.lvd.... U i::LL. ~LANNING. DI::P.ARTMENT: Mr. Arthur Kee Planning Director City Planning Department City of Campbell 70 North First Street Campbell, California 95008 Re: Pruneyard Diagrammatic Master Plan - Dear Mr. Kee: At the request of our client, Mr. Fred Sahadi, we are delivering to you the program for the two phase development of the Pruneyard and a dia- grammatic master plan showing the total development for the site, at Bascom Avenue, Campbell Avenue and the Route 5 Freeway. We understand that your review of this product will be used to create a list of concerns that will become the body of the environmental impact report. In order that we may move ahead with the master planning of this project, we would anticipate receiving this list from you within,the next few weeks. From the consultant list that you provided to us, we have contacted two EIR firms and two traffic consultants that are under consideration by our client. They will be in contact with your office to further clarify the necessary elements of the EIR. We look forward to working with you on the development of this project and its mutual benefit for our client and the City of Campbell. KR/lm cc: Fred Sahadi, Pruneyard Larry A. Patterson, OKS Donna Sidel, ESA Linda Pierce, EIP Chris Kinzel, TJKM Steve Miller PRUNEYARD DEVELOPMENT PROGRAM MSA JOB NO. 84156PR FEBRUARY 28, 1985 EXISTING DEVELOPMENT RETAIL........................ .280,000 s. f. OFFICE BUILDING.................................206,000 s.f. EXISTING PARKING......(1760) PARKING TO REMAIN..... 1548 PHASE I HOTEL. . (350 rooms)......................................... 280,000 s. f. PARKING. .. .. . . .. .. . 525 OFF ICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400 ,000 s. f . PARKING..........~; 1000' PHASE II OFF ICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .400 ,000 s. f. PARKING............ 1000 DEVELOPMENT TOTAL................ 280,000 s.f. 1,006,000 s.f. 280,000 s.f. PHASE I & II DEVELOPMENT TOTAL............................... 1,566,000 s.f. PHASE I & II TOTAL PARKING.............4073 PRUNEYARD DEVELOPMENT PROGRAM MSA JOB NO. 84156PR FEBRUARY 28, 1985 EXISTING DEVELOPMENT RETAIL....................... ..280,000 s. f. OFFICE BUILDING.................................206,000 s.f. EXISTING PARKING......(1760) PARKING TO REMAIN..... 1548 PHASE I HOTEL.. . (350 rooms}......................................... 280,000 s. f. PARKING. . . .. .. .. .. . 525 OFFI CE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .400,000 s. f . PARKING............ 1000 PHASE II OFFICE. . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . .. . . . . .400,000 s. f. PARKING............ 1000 DEVELOPMENT TOTAL................ 280,000 s.f. 1,006,000 s.f. PHASE I & II DEVELOPMENT TOTAL............................... 1,566,000 s.f. PHASE I & II TOTAL PARKING.............4073 280,000 s.f. PRUNEYARD DEVELOPMENT PROGRAM MSA JOB NO. 84156PR FEBRUARY 28, 1985 EXISTING DEVELOPMENT RETAIL.........................280,000 s.f. OFFICE BUILDING.................................206,000 s.f. EXISTING PARKING......(1760) PARKING TO REMAIN..... 1548 PHASE I HOTEL. . (350 rooms)......................................... 280,000 s. f. PARKING............ 525 OFFI CE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .400,000 s. f. PARKING............ 1000- PHASE II OFF ICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .400,000 s. f. PARKING............ 1000 DEVELOPMENT TOTAL................ 280,000 s.f. 1,006,000 s.f. 280,000 s.f. PHASE I & II DEVELOPMENT TOTAL............................... 1,566,000 s.f. PHASE I & II TOTAL PARKING.............4073