CC Resolution 8802
RESOLUTION NO. RR02
BEING A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL MODIFYING CONDITIONS OF
APPROVAL NO. 9 AND NO. 10 CONTAINED IN
PLANNING COMMISSION RESOLUTION NO. 2953 FOR
SITE AND ARCHITECTURAL APPROV AL FOR PROPERTY
LOCATED AT 525 E. HAMILTON AVENUE IN A C-2-S
(GENERAL COMMERCIAL) ZONING DISTRICT. FILE NO. S
94-09.
After notification and public hearing as specified by law on
the application of Mr. Kevin Ring, as per the application filed
in the Planning Division on December 30, 1994; and, after
presentation by the Community Development Director,
proponents, and opponents, the hearing was closed.
After due consideration of all evidence presented, the City
Council did find as follows with respect to File No. S 94-09:
1. To affirm the findings of fact contained in Planning
Commission Resolution No. 2953 allowing approval of
the project and to modify the Conditions of Approval
No. 9 and No. 10 from Planning Commission
Resolution No. 2953.
Further, the applicants are notified as part of this application
that they are required to comply with all applicable Codes and
Ordinances of the City of Campbell and the State of California
which pertain to this application and are not herein specified.
This approval is granted subject to the Conditions of
Approval specified in Planning Commission Resolution No.
2953 with the exception of modification of Conditions of
Approval No.9 and No. 10 as modified below:
A. Modified Condition No.9: The applicant shall enter into
an agreement with the City to reimburse the City for any
and all acquisition costs for development of the
streetscape standard on Hamilton Avenue of a fee
simple interest including reasonable attorneys fees and
acquisition fees for land costs. Should the City wish to
proceed with the acquisition of the property with
development of the streetscape, the funds shall be
deposited with the City.
City Council Resolution No. _
525 E. Hamilton Avenue - S 94-09
Adopted Apri14, 1995
Page 2
B. Modified Condition No. 10: (A) The parking facilities
approved with this development shall be fully, wholly, and
equally available to patrons, customers, users, and owners of
all the uses, subject to this development approval (S 94-09).
(B) In the event that the parking is no longer available, the
applicant shall agree to modify the allowed land uses and
building area to conform to the required standards of the
parking ordinance for all uses on the properties. (C) A notice
of restriction of uses, as they relate to the direct availability of
adequate on-site parking, shall be recorded advising existing
and future property owners of the parking requirement.
PASSED AND ADOPTED this 4th day of April, 1995, by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Watson, Dougherty, Conant, Wilkinson, Burr
None
None
None
APPRO~~.~~' --
onald R. Burr, Mayor
ATTEST: ~--:~
Anne Bybee, City lerk
G1
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13004052
'fiLED FOH F\EGOHD
Al' 'j '-:: 0 ! ' .," ,.. T' "r-
hL..I\.JL;;;, Vi
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N 9 8 7 PA GE I 3 4 9
TO Bf RECORDED wlrwour FEE
.SECTION 6103 GOVERNMENT CODE
AT THE REQUE~T OF CITY OF CMJPBEl.l
OIlY OF CAMPBELL
70 N. FIRST STREET
CAMPBELL. CA 95008
{(
Recording requested by and
when recorded, mail to:
City of Campbell
City Clerk's Office
70 N. First Street
Campbell, CA 95008
CITY OF CAMPBEIl:.
SEP 5 II 03 AM f 95
J
OFFiCIM. P,CGORDS
SANH GlMi.i\ OOUNT'f
UflFNDA DAVIS '
HECOHDEn
NOTICE OF CONDITION OF APPROVAL
SITE EXPANSION -- 525 E. HAMIL TON AVENUE
Notice is hereby given that the following condition was adopted as a Condition of
Approval for Site and Architectural application S 94-09 by the City Council on April
4, 1995, for property owned by Lynn A. Buzolich and Marc W. Buzolich located at
525 E. Hamilton Avenue as described in Exhibit A attached hereto as follows.
Condition No. 10 A.
The parking facilities approved with this development
shall be fully, wholly and equally available to patrons,
customers, users and owners of all the uses, subject to this
development approval (5 94-09).
B.
In the event that the parking is no longer available, the
applicant shall agree to modify the allowed land uses and
building area to conform to the required standards of the
Parking Ordinance for all uses on the properties.
A notice of restriction of uses, as they relate to the direct
availability of adequate on-site parking shall be recorded
advising existing and future property owners of the
parking requirement.
IN WITNESS WHEREOF, I have placed my name this Jij. day of A-<.t5<lsl-
1995.
c.
~ r->~~ ~-.
Donald R. Burr, Mayor
Attest: IL-~
Anne Bybee, City Clerk
y~
arY OF l.:AMPBEU.
N 9 8 7 PA GE I 350
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of Qa \ i ~; Cc-
County of ~r Q^\u... Q,Iaf"'"
DATE
NAME, TITLE OF
j) ([ nil UJ R.. e().(r
On before me,
personally appeared
NAME(S) OF SIGNER(S)
~ personally known to me - OR - D proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITN22: and official seal.
$~.(
SIGNATURE OF NOT -
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
D INDIVIDUAL
D CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
TITLE(S)
D PARTNER(S)
D LIMITED
D GENERAL
D ATTORNEY-iN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERV A TOR
D OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993 NATIONAL NOTARY ASSOCIATION' 8236 Remmel Ave., P.O. Box 7184' Canoga Park, CA 91309-7184
N 9 8 7 p~ GE I 35 I
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II,... .
OLD REPUBLIC TITLE COMPANY
1900 THE AlAMEDA . ~ JOSE. CAUFORNIA . 95126 . (408) 296-4500
PREUMlNNtY REPORT
Issued for the sole use of:
Our Order No. 416845
Old Republic
3000 Clayton Road
Concord, California 94519
Reference
196525
Att@ntion: Donna M. Jones
When Replyins Please Contact:
(510) 587-7880
Property Addren: 525 E. Hamilton Avenue. Campb@ll, California
In response to the above referenced application for a policy of title insurance. OLD REPUBLIC TITLE
COMPANY 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 in
Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which
issued this report.
Please read the exceptions shown or referred to below and the exceptions and exdusions set forth in
Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of
matters which are not covered under the tenus of the title insurance policy and should be carefully
considered.
It is important to note that this preliminary report is not a written representation as to the condition of
title and may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) 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 ~s of
January 9th
. 19 95 , ilt 7:30 A.M.
OLD REPUBUCmu COMPANY
for bceptions Shown or Ref~ to, See Attached
P~ge~of-2...Pales
ORT J1S7-A (Rev. 1-1-95)
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EXHIBIT "A" Page 1/3--
525 E. Hamilton Avenue
JUL-13-1995 16:36
J B C REALTY
N 9 8 7 PA GE I 3 5 2
OLD REPUBLIC TITLE COMPANY
4153919142
P.03
f. I'
ORDER NO. 41684 S
The form of policy of title insurance contemplited by this report is;
a CLTA Standard Cove~age - 1990, Loan Policy. A specific request should be made if another
form or additional cov@rage is desired.
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:
LYNN A. BUZOLICB, as to an undivided 1/2 interest and MARC W. BUZOLICH, as to an undivided
1/2 interest
Page~of-LPages
ORT 31S7.A1 (Rev 1-1-95)
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EXHIBIT "A"
525 E. Hamilton Avenue
Page 2/3
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/353
OLD REPUBLIC TITLE COMPANY
omERHO. 416845
r
The I"nd referred to in this Report is situated in the County of
St.te of California, and is described .s follows:
Santa Clara. City of Campbell,
BEGINNINC at the point of intersection of the Southerly line of Tract No. 772
Walnut Dell, a Map of which was filed for record in the office of the Record@r
of the County of Santa Clara, State of California, on July 24, 1950 in BOok 30
of Haps, at page 1, with the East@rly line of that c@rtain tract of land
described in the Deed from John Breuner Company, a California to the City of
Campbell. a municipal corporation, dated July 19, 1961, recorded July 31, 1961
in Book 5247 Official Records, page 594, Santa Clara County RecordA; thence from
said point of beginning South 00 32' 48" East along the Easterly line of land so
described in the Deed to said City of Campbell for a distance of 1258.36 feet1
thence Easterly along an are of a curve to the left, tangent to the preceding
course, with a radius of 20.00 feet, for an arc distance of 31.22 feet to a
polnt in the Northerly line of Hamilton Avenue (90.00 feet 1n width); tbenc~
North 890 23' 18" East along said Northerly line of Hamilton Avenue for a
distance of 197.96 feet to an iron pipe, thence Ea8terly and Northerly along the
general Easterly line of that certa1n tract of land described in the Deed from
the City of Campbell, a municipal corporation, to John Breuner Company, .
California corporation, dated July 28, 1961, recorded July 31, 1961 in Book 5247
Official Records, page 589, Santa Clara County Recoras, for the following
courses and distances: North 84. 16' 48" East (.(( feet to an iron pipe: thence
Northerly along an arc of a curve to the left, tangent to the precedln9 course,
with a radius of 100.00 feet, through & central angle of 78. 98' 43", for an arc
distance of 136.42 feet to an iron pipe: tbence North 60 07' OS" East 443.21
feet to an iron pipe; thence Northerly along an arc of a curve to the left,
tangent to the preceding COUf5e, with a radluB of 250.00 feet, tbrough a central
angle of 260 10' 04" for an arc distance of 114.18 feet to an iron piper tbence
North 200 02' 59" West 558.74 feet to an iron pipe: thence Northerly along an
arc of a curve to the right, tangent to the preceding cour5e. with. radius of
2000.00 feet, through a central angle of 30 18' .3", for an arc distance of
115.67 feet to an iron pipe set at the Northeasterly corner of land 50 described
in the Deed to said John Brvuner CompanY1 thence South 89- 4)' 22- West along
the Nottherly line of land so de6cribed in tb@ Deed to said John Breuner Company
and along the Westerly prolongation thereof for a distance of 129.30 feet to the
point of beginning, and being a portion of the Southwest 1/4 of the Northeast
1/4 of Section 26, TownShip 7 South, Range 1 West, M.D.B. , M.
279-31-001
10041
SD/n/mr
A287-J6-15 , 116
If I
Pa8e~of~Pages
OIlT 31S7-C
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EXHIBIT "A" Page 3/3
525 E. Hamilton Avenue