HomeMy WebLinkAboutAlcazar Avenue 88-04 Annexation ANNEXATION ALCAZAR AVENUE 88-04
1988
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PA2GEL I- APN 3�-:i I-I9 22 PROPOSE C ANN EAr
EN71T L�C
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CITY Cupertino
DATE OF FILING 8-22-68
Ordinance or Resolution:
-uninhabited - Alcazar Avenue 88-04
(acres or square
1. Area involved in the aannexation? 5�S G C' miles)
2, A. Assessed value (ejcclusive of all exemptions except the homeowner's and busi-
ness inventory exemptions) of annexed area on the county assessment roll as
o ,f5 s� ��sart,"1, ".'88 (see item 4 below).
�
B. If estimated how was the estimate derived?
3. A. Assessed value of state-assessed properties (if known).
A(A
B. Is this estimate included in item 2A above?
Yea No
C. If not known, are there any significant state-
assessed properties located in the annexed
area? Yes _No
D. If yes, please list the utilities and describe briefly their properties:
4. We would prefer to receive assessed values as of March 1, 1989 rather than
Ma:•ch 1, 1987 Values as of 1987 are acceptable, but some estimate of the
assessed value changes between the 1987 and 1968 lien daces is needed if there
has bean any significant activity in tho annexed area between these two dates.
If 1987 data is submitted, please indicate so by correcting the year in item
2A and provide an estimate of value changes here.
RETURN TO: Signed /
Research and Statistics Division Title WX��<�
State Board of Equalization
P.O. Box 942879 c
Sacramento, CA 94279-0001 Date
c ENDORSED����e Sec. 61C'3) e
_Coup of Santa Clara � ,
California
Local Asus:y Famuem Cammwwo AUG
t,ounry Gwl-I Cams, Eu,w-n9 ;;I
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ban Jose Ca�domn 95n0 '�,'f' SAL-� - '1`Y
4994321 Ana Coaa 4W
CERTIFICATE OF COMPLETION
I, Sally C. Logothetti, the Assistant Executive Officer of the Santa
Clara County Local Agency Formation Commission, issue this Certificate
of Completion pursuant to Sections 57200 and 57201 of the Government
code.
I hereby certify that I have examined the resolution for a change in
organizat Ion/TSDz*x7a%X=0ma attached hereto and have found this docu-
ment to be in compliance with Section 56B26 of the Government Code
aut':orizing cities within the County of Santa Clara to assume author-
ity over certain changes in government organization.
The name of the City is: Cupertino
The entire City is located in Santa Clara County.
The change of organization completed is an annexation
A map and description of the boundaries of the change of organization
is appended hereto.
The title of this proceeding is: ALCAZAR AVE 88-04 (an inhabited).
The change of organizatioo was ordered subject to the following terms
and conditions:
None.
The date of adoption of the City resolution ordering the change of
organization/xwnxaxxtxx=1= is August ``15, 1988 n
Dated August 22, 1988C�t.(. vicMbGLLC �yltlit/.
A sis Pant Executive Vfficer
Santa Clara County
Local Agency Formation Commission
Att: City Resolution
Map
Legal Description
® An Epuai Opponunny Employe,
County of Santa Clara <<"' y)
Dcpanonenro(PhoruninganctDrrcloE>mcnt �flr�i�'_r
Offit'('of the County Sur\•cyor f
( umi.r,uccmincn conn•c F.—Iv1Mg
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July 13, 1988
Dorothy Cornelius, City Clerk
City of Cupertino
P.O.Box 580
Cupertino, CA 95015
The attached map and description of territory proposed to be
annexed to the City of Cupertino entitled AL CAZAR AVE 88-04 is in
accordance with Government Code Section 56826. The boundaries of said
territory are definite and certain. The proposal is in compliance with the
Commission's road annexation policies.
JAMES F.SIRR,
Manager/County Surveyor
M. D. Marcott, Deputy
Attachment
cc: LAFCO Executive Officer (w/attachment)
Lavenia Millar, Public Works Dept.
no;,rd or,r�,,r.i„rr�:. ., n,yw.nn noiiwn.nun .,i i,•x,m.nn nrni, .n.„no sir�,,in,
ALCACAR AVE. 88-05
ReiseriWolkow
tnac certain real propertv situate in the County of Santa Clara, State
Califon ia. more particularly described as follows:
3e4innin4 at the southwesterly corner of Parcel I. as shown on the Record of
Survey recorded in Book 186 of `taps, page 52, Santa Clara County Records,
point being along the boundary line of that certain annexation to the
2_ c of Cupertino entitled "Alcazar Ave. 86-OL";
.hence North 311.15 feet along the Westerly boundary of said Parcel 1;
Thence South 89°57'16" East 82.54 feet to a ooint on the easterly line f
said Parcel L;
Thence along said easterly lire., south 215.13 feet;
Thence North 69°58' West 62.54 feet;
Thence South 96.00 feet to a point on the s'oartherly line of said Parcel 2,
Thence North 89°58' West 20 feet to the Point of Beginning, said line also
being along the boundary line of said annexation, "Alcazar Ave. 86-01".
Containing: 0.45 acres more or less
APN: 357-L9-21, 22
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Santa Clara County Local Agency Formation Commission Ph.: (408) 299-4321
County Government Center - 10th Floor, East Wing
70 West Hedding Street
San Jose, CA 95110
PETITION
for proceedings pursuant to the
CORTESE-KNOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1985
The undersigned hereby petition(s) the Local Agency Formation Commission
of Santa Clara County for approval of a proposed change of organization or
reorganization, and stipulate(s) as follows:
1. This proposal is made pursuant to Part 3, Division 3, Title 5 of the
California Government Code (commencing with Section 56000. Cortese-Knox
Local Government Reorganization Act of 1985).
2. The proposed change of organization or reorganization is designated as:
ALCAZAR AVENUE 88-04
and consists of:
_ consolidation of special districts
formation of new special district
incorporation -
X annexation to THE CITY OF CUPERTINO
detachment from (name City/37W&X&YdM)
Of 0.45 (number of) acres on the NORTH (n/s/e/w)
side of ALCAZAR AVE. (Street/Avenue)
between ORANGE AVE. (Street/Avenue)
and IMPERIAL AVE. (Street/Avenue);
and (if applicable) X annexation
_ detachment
of the same to/from
(name City(ies)/District(s))
3. A metes and bounds description of the exterior boundaries of the terri-
tory(ies) included in the proposal, marked Exhibit A. and a map of said
territory(ies), marked Exhibit B. are attached to this petition and by
this reference incorporated herein.
4. The territory to be organized/reorganized is: inhabited.
("inhabited" = 12 or more registered voters) x uninhabited.
5. This proposal h is consistent with the Sphere of Influence of the
is not affected city and/or district(s).
6. The reasons(s) for the proposed ANNEXATION (annexation, detach-
ment, reorganization, etc.) is/are:
TO PRO G LRE CITY SERVICES FOR FUTURE DEVELOPMENT
7. It is desired that the proposed change of organization or reorganization
be made subject to the following terms and conditions:
N/A
B. The person(s) signing this petition has/have signed as (check one):
X owner(s) of land within the affected territory.
_ registered voter(s) within the affected territory.
9. The undersigned proponent(s) X do own 100% of the territory pro-
do not posed for change of organiza-
tion or reorganization.
LAFCO: Petition -2-
10. If the formation of new district(s) is included in the proposal, the
principal act(s) under which said district(s) is/are proposed to be
formed is/are:
11. If an incorporation is included in the proposal, provisions are re-
quested for appointment of:
_ City Manager
City Clerk and City Treasurer
Wherefore, petitioner(s) request(s) that proceedings be taken in accordance
with the provisions of Section 56000 et seq. of the Government Code and
herewith affix signacure(s) as follows:
CHIEF PETITIONERS
(not to exceed three)
Signatures
of Petitioners
(Please Print Assessor's Election
name below Street Address Parcel or Precinct
Date _signature.) City/State/Zip No.* No.•
-7� y Situs: 21743C Alcazar Ave.
22 430 Palm Ave. 357-19-22
,Q aIJ Cupertino, CA 95014
Phone: (408) 446-43_7'L
/ Situs: 21743C Alcazar Ave,
7��Z-A._.✓7erLt�L, Cu Palm Ave. 357-19-22
��p/rp -Cupertino,
ino, CA 95014
Phone: (408) 446-4372
1 357-19-21
14
Ow -
Phone:
• - For proposals involving uninhabited territory or for landowner
initiated proposals.
•• - For proposals involving inhabited territory or for resident-voter
initiated proposals.
Rev. 1/l/86
Santa Clara County LAFCO Ph.: (408) 299-4321 - Sec'y
County Government Center - 10th. F1., E. Wing (408) 299-4716 - Exec.
70 West Hedding Street, San Jose, CA 95110 Officer
SUPPLEMENTAL APPLICATION
FOR
MUNICIPAL AND/OR DISTRICT
CHANGE OF ORGANIZATION OR REORGANIZATION OF TERRITORY
This supplemental application must be completed in full and submitted, in
original and 5 conies, with any petition or resolution of application to
LAFCO for a change of organization (annexation or detachment) or reorgani-
zation (multiple annexations and/or detachments) made pursuant to the
Cortese-Knox Local Government Reorganization Act of 1985 (Government Code
Sec. 56000 et seq.)
PROPOSAL DESIGNATION: ALCAZAR AVE. 88-04
Annexation }
WtAkmw6m )to/from THE CITY OF CUPERTINO
(City or Spec.District)
ENVIRONMENTAL STATUS OF PROPOSAL
X THE CITY OF CUPERTINO as Lead Agency for environmental review
(Name of City/38V M&Vl
of the project, has already ?REZONED
(prezoned? other approval action?)
the territory on JUNE 4, 1984 , and in compliance with CEQA, has:
(date)
_ determined that the annexation is categorically exempt from pro-
visions of CEQA pursuant to Ca1.Adm.COde Sec.
(cite class exemption section).
X completed an Initial Study and Negative Declaration for the
annexation, a copy of which is attached to this application.
completed a Final EIR for the annexation, a copy of which is
attached to this application.
— LAFCO is to be Lead Agency for the environmental review of the pro-
ject and the completed Environmental Information Form required by
LAFCO environmental assessment staff is attached to this applica-
tion. (Environmental staff phone: (408) 299-2521.)
Proposal is categorically exempt from provisions of CEQA pursuant to
Cal. Adm. Code Sec. because
CHARACTERISTICS OF THE AREA
1. Number of acres 0.453AC
2. Number of inhabitants )
3. Number of registered voters 1
4. Number of dwelling units )
5. a. What is the present use of the area (be brief, but specific):
RESIDENTIAL
b. Indicate the parcel numbers of those parcels, if any, which are
under contract with the County under provisions of the Williamson
Act: N/A
c. What steps, if any, have been taken or are proposed to be taken
to release the above parcel(s) from the contract?
N/A
FILING DEADLINE: 5:00 p.m. on the first Wednesday of the month, for LAFCO
hearing on the second Wedr sday of the following month.
b. a. For city annexations, what is the prezoning that has been applied
by the city to the affected area (Note: Prezoning is a LAFCO fil-
ing requirement for city annexations):
R1-7.5
b. Does the applicant intend to propose a change in this zoning if
and when the territory is annexed to the city? YES _ NO X
If YES, indicate the new zoning which will be sought.
7. For city or district annexations, describe the development being pro-
posed for the territory, if any, and when this development is ex-
pected to begin.
NEW HOUSE 1988
B. Do the boundaries of the subject territory conform to lines of
assessment and ownership? YES _x NO
If NO. please explain the reason for non-conformity and provide
justification for LAFCO's approving the boundary change as proposed:
9. Do the boundaries of any proposed city annexation create an island,_
corridor or strip of unincorporated territory^ YES NO X
If YES, answer the following questions:
a. Number of acres in the island, corridor
or strip? (If more than one island is
being created, indicate the acreage of
each island.)
n. Number of inhabitants?
c. Assessed value?
d. Land use and zoning in island, corridor
or strip?
e. Describe present and proposed sewer and water services in island:
f. Does the proponent request waiver of restriction against
creation of an island? YES NO
If YES, explain why creation of an island is justified.
SERVICES
10. Is the territory Proposed for annexation/temasftmn%vW"rAPM% iOnx
the City or District's urban service area? YES X NO
11. If new development is proposed on the site, will this new development
be permitted without community sewage discharging into an existing
sanitary sewer system and disposal plant? YES NO
If YES, what arrangements will be made to provide sewage disposal?
12. Will the extension of sewerage and/or water services or the construc-
tion of any public improvements to the affected territory be financed
by the formation of a special assessment district? YES NO X
If YES, describe service(s) or improvement(s) and the average cost
per resident/landowner of the district.
Service/improvement:
Cost: $ /yr. for _ yrs. $ /yr. for _ yrs.
Suool. Aaol. - 2
13. List all cities, sp-cial districts, (including school districts) and
County Service Areas located within the area of this proposal. (Ex-
clude Santa Clara County Water District, San Francisco Bay Area Air
Pollution Control District, County Library Zone, and Water Importa-
tion.) (Refer to County Tax Rate Code Book for this information):
CUPERTINO ELEMENTARY SCHOOL DISTRICT CUPERTINO SANITARY DISTRICT
FREMONT HIGH SCHOOL DISTRICT MID PENINSULA OPEN SPACE DISTRICT
FOOTHILL COMMUNITY COLLEGE DISTRICT
For changes in organization of Districts, list all cities within 3
miles of the subject territory:
N/A
14. For city annexations, list those concurrent or future detachments
from Special Districts which are proposed for this territory.
N/A
LANDOWNERS AND REGISTERED VOTERS
15. Please provide the information requested below:
a. Owners of land* within the proposed a:nmee�8§:�rLcdebe�h�man�rkz �r
4masmmorn who consent to this proposal should show their consent
by signing and printing or typing their names and addresses, with
date, below. (Signatures not required if proposal is initiated
by property-owner petition; put "see petition" below and type or
print in names, addresses, etc.) Assessor's parcel number,
assessed land (not improvements) valuation, and, if 100%
property-owner consent has been obtained, certification by City/
District Clerk, must be added prior to filing. Hearing not re-
quired if 100% property owner consent is obtained.
Assessed
Signature Street Address/ Parcel Value of
Date (Print name below) City/State/Zio Tel.No. No._ Land
Situs: A.P.N.
21743C Alcazar Ave. 357-19-22 10,200
Situs: A.P.N.
21743C Alcazar Ave. 357-19-2L 10,200
A.P.N.
357-19-21 35,445
(If additional space required, continue list on separate sheet & attach.)
• "Owner of land means any person shown as the owner of land on the last
Equalized Assessment Roll; where such person is no longer the owner,
then any person entitled to be shown as owner of land on the next
Assessment Roll; where land is subject to a recorded written agree-
ment of sale, any person shown therein as purchaser, and any public
agency owning land." Government Code Section 56048.
CERTIFICATE OF CITY/DISTRICT CLERK (Required for 100% Consent Pr000sal)
I CERTIFY that I have checked the number of owners of property located
within the annexation/des trksmongama: IAa on proposed by 'this applica-
tion and that the _ (number) signatures above represent all of the
owners of property included in this proposal. I FURTHER CERTIFY that,
pursuant to Government Code Section 56839. the City/M&KXXWt8 waives the
requirement for written notice and gives co ent for the Commission to
make determinations on�s proposal withou no ice or ing.
Date
Ci Cle k
(Seal)
City/Hwawa of
Suppl. Appl. -3
b. Owners of land within the proposed annexation/detachment/reor-
ganization who do not consent to this proposal should be listed
by name. address, parcel number and assessed land valuation
below. Signatures and dates not required. Heating will be held
for less-than-100%-consent applications.
Assessed
Street Address Parcel Value of
Name City/State/Zip No. Land
(If additional space required, continue list on separate sheet 6 attach.)
c. FOR NOT-l00t-CONSENT PROPOSALS, list all registered voters resid-
ing in the territory proposed for annexation/detachment/reorgani-
zation if different from the landowners shown in 15a. and 15b.
above.
Street Address Street Address _
Name City/Statelzip Name City/State/zip
(If additional space required, continue list on separate sheet and attach)
16. Print or type the name and address of officers or persons, not to
exceed three in number, who are to receive copies of the Executive
Officer's Report and mailed Notice of Hearing (in addition to the
Clerk/Administrator of each affected city or district):
Street Address
Name City/State/Zip
(1)
(2)
(3)
17. 1 hereby certify that all LAFCO filing requirements will be met and
that the statements made in this application are to the best of my
knowledge accurate.
TRAVICE WHITTEN 10300 TORRE AVENUE
(Print name of person complet- CUPERTINO, CA 95014
ing this applicat' n) (Address)
(Signature) (Date)
NOTE: It is a general LAFCO filing requirement that a copy of this appli-
cation be filed with each school district shown on question *13 of this
document if the proposal involves ultimate new residential development of
five acres or more. It is the applicant's responsibility to submit this
information to the appropriate school district(s) and the signature above
is considered verification that this filing requirement has been met.
Suppl. Appl. - 4
POLICY OF TITLE IN'URANCE j
,� ISSUED BY POLICY NUMBER
" COMMONWEALTH LAND 605- 255198
TITLE INSURANCE COMPANY
A Reliance Group Holdings Company i
SUBJECT TO SCHEDULE BAND THE CONDITIONS AND STIPULATIONS HEREOF,COMMONWEALTI-'.AND TITLL
INSURANCE COMPANY,a Pennsylvania corporation,herein called the Company,insures the insured,as of Date of Policy
shown in Schedule A,against loss or damage,not exceeding the amount of insurance stated in Schedule A,and costs, j
attorneys'fees and expenses which the Company may become obligated to pay hereunder,sustained or incurred by said
insured by reason of:
I.Title to the estate or intereA described in Schedule A being vested other r'•nn as stated therein:
?.Any defect in or lien or encumbrance on such title; !
1.Unmarketability of such title;or
4.Any lack of the ordinary right of an abutting owner for access to at leas(one physically open street or highway if the land,
in fact,abuts upon one or more such streets or highways;
and in addition,as to all insured lender only:
5.Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that suer,invalidity,or claim
thereof,arises out of the transaction evidenced by the insured mortgage and is based upon
a.usury,or
b.any consumer credit protection or truth in lending law;
6.Priority of any lien or encumbrance over the lien of the insured mortgage,said mortgage being shown in Schedule B in the
order of its priority;or
7.Invalidity of any assignment of the insured mortgage,provided such assignment is shown in Schedule B.
IN WITNESS WHEREOF the Commonwealth tend Title insurance Company has caused its corporate name and seal to be i
t hereunto affixed by its duly authorized officers,the Policy to become valid when countersigned on Schedule A by an author-
ized officer or agent of the Company. i
COMMONWEALTH LAND TITLE INSURAANC.E(COMMPANY
Attest: /f�•l,r�i•/J W!/ ,/7 lit. `� �' ,tom 01-----^"�-
Svcrciar>• N—denr ,.
j EXCLUSIONS FROM COVERAGE SEF ATTACHED SCHEDULE B
i 1.Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by file public records.
I Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not
Any
by the records of such agency or by the public records.
'I '. facts,rights,interests or claims which are nor shown by the public records but which could be ascertained by an
inspcetion of the land,or by making inquiry of persons in possession thereof.
7.I�ascnlents.liens or encumbrances,or claims thereof,which are nor shown by thu public recuds.
4.Discrepancies,conflicts in bounday lines,shortage fit area,encroachments,or any other facts which a correct survey
would disclose,and which are not shown by the public records.
-(a)Unpatented muting claims;(b)preservations or exceptions in patents or in Awls authorizing the issuance thereof;(c)
water rights,claims or title to water. i s
6.Any right,title,interest•estate or casement in land beyond the lilies of the area specifically described or referred to in
Schedule A.or in abutting streets,roads,avenues,alleys,lanes,ways or waterways,bill nothing in this paragraph shall
nuxfity ur limit the extent to which the ordinary right of an abutting owner for access to a physically open street or i
h ighw:ry is insured by this policy. f
T Any law,ordinance ur euvcrnrnental regulation(including but not limited to building and%fining ordlnailces)iestricling or ,
�eeulating or pmhibming the nccupouicy,use or enjoyment of the Ire ml,or regulating rile character.dimensions or fo.:anon �.
any ingnovement now or hereafter erected on the land,ur prohibiting it separation i❑ownership or a reduction fit the
dimensions or area of the land,or the effect of any violation of ally such law,onfinance or governmental regulaliml.
.ti Eights ill innnent dUl wool UI governlllenial rights of police power unless notice of tlm csercise of such rights appears in the 'j
public ,,oils - i,
�t.Defvas,terns.-n toobmncrs.:nlve—cLnnts,ur other matters(a)creatca..suffered.assumed or agreed In by the msmcJ
�laiulant:(b) not shown by the public records and not otherwise excluded front curerage but known ro the inslncd
,I I tiwall( colic,al Dome q f I c!fc),or at the date such claimant acquired an estate or interest insured by this policy
t q fired the htsmnd m.rh;iy and nut disclosed ill writing by IL•c nt-ured l unl rat to the l o mpany prior lu the dale such I
I�laun.uIt be an .t 1 msucd hereundet.(t•.)resulting ail fill loss r danri).c to the insured clafni:mi (d)attadmig ur
'i tawd l (u•nt I,,Ow.or Pohs ,,(c)nulimg m;o dnotg hl l 1%'olold mI IIJIT tWell sntamd n the insured
I taint ant I Id been,put h t.. i of n t nthran a for value without ku wl dIze
CLTA Standard Coverage Policy Iron.—1973 _ -
P.:..I
Fdnn 1031.5 (AMENDED 1216185 AND 2120186) ORIGINAL Valid Only If Schedules A,11 and Cover Are Attached
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERNS any transfer or conveyance of such estate of interest;provided,however,
The following terms when used in this policy mean: this policy shall not continue in force in favor of any purchaser from such
insured of either.rid estate or interest or the indebtedness secured by a
(a)"insurd":the insured named in Schedule A,and,subject to any purchase money mortgage green to such insured.
rlchls or defenses the Company may have had against the named in urrd.
thou who succ_d to the interest of such insurest by operation of boas 3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF
distinguished from purchase including. but not limited to, heirs.dis- CLAIM TO BE GIVEN BY AN INSURED CLAIMANT
tributees,devisees, survivors, personal rcpresenlatives, next f kin,or
corporate or fiduciary successors.llre term sated"also includes(0 the (:)The Company.at its own cost and without undue delay,shall
owner of the indebtedness secured by the insurd mortgage and each provide for the defense•,f an insured in litiution to the extent that such
_....car in uwmrrxhip of such cinJcbtntncss Iresvrvine.however,all rights litigation imv,bes an allc,ed defect,lien,rnsumb,ancv o:other matter
and defenses as to any.such su who acquires the indebtedness by taus need against by this policy.
operation of law'as described inrlhe first sentence of this subparagraph a) s(b)The insun•A shall notify the Company promptly i.a u�tti IS li)in
that the Company would have had against the successor's transferod,andcase of any litigation s set forth in(a)above lii) o use knowledge shall
farther includes(ii)a y governmental agency o,instrumentality which is a to an insured hereunder of any claim of title or Interest which is
insureran or guarantor under an insurance contract or gua my insuring or adverse m the title to the estate.or interest or the ben of the insured
goal cling said indebtedness,or any par,urercoL whether named as an or tgage,as insured,and which might cause)ass or damage for which the
surd herein or not,and(iii)the partic'designated in paragraph 2(a)of Company may be liable by virtue of this peslill.or(iii)if tale to the estate
these Conditions and Stipulations. interest or the lien of the insured mortgage,as innud,u rq%r Ird a
(b)-insured claimant":an insured claiming loss or damage hereunder. unmarketable.If such prompt notice shall not be given to the Company,
(c) surd lender":the owner of an insured mortgage. the^ as to such insured all liability of the Company shall ca^rise and
turntinate in regard to the matter or matters for which such prompt notice
(d)"insuredmortgage":a mootg shown in Schedule B,the owner is requi,rdi provided,however,that failure to notify shall in u c
of which is named as an m,s d in Schedule A. prejudice the tghts of any such insurd model this policy unless the
Iel"knowledge":actual knowledge,not constructive knowh•?ee or Company shall be prejudiced by such failure and then only to the extent of
notice which may be imputed toan insured by reason of any public such prejudice.
r nods. (c)The Company shall have the right at its own cost to institute ander (q"land".the land dexribeJ,specifically r by reference in Schalule o Ihouat undue delay prrosecule anyaction or proceeding or to do any
the' cl which in is yinion nay be nu—,y or desirable to establish
A, and improvements affaed thereto which by law constitute real the title to the estate or interest or the lien of the insured mortgage,as
property;provided,however.the term'land"does not include any area has'
rd;and the Company may take any approprlale ri.Z.whether or
excluded by Paragraph No.6 of Part I of Schedule B of this Policy. not it shall be liable under the terms of this policy,and dull not thereby
()t)"mortgage":mortgage,deed of trust,trust deed,or other seeurity concede liability c r waive any provision of this policy.
instrument. (d)Whenever the Company dull have brought any,action o
(h)"public t ids":thou rccods which by law impart constructive intcrposd ri defense as
requi'd or permitted by the provisions of this
notice of maulers relating to the land. policy,the Company may pursue any such litigrilion to find detenmi.tion
by a court of competent jurisdiction and expressly reserves the right,in its
2. (a)CONTINUATION OF INSURANCE AFTER ACQUISITION OF sole discretion,to appeal from any adverse judgment or order.
TITLE BY INSURED LENDER (c)1.sll uses wh,ue this policy permits or requires the Company to
prosecute.,r provide for the defense of any action or proceeding.the
If this policy insures the caner of the indebtdness secured by the u;old hereunder shall secure to the Company the.right to w prosecu!r or
sum)nwneage.this policy shall continue in force as of Date of Policy in provide Defense in such action ar proceeding, ml all ppeals thereto,ad
ta,nr of such insured who an)ubes all or any part of the extale or interal permit the Company to use,at its option,the nameaof such insurd for
n the land described in Schedule A by foreclosure, trustee's sale, such purpose.Whenever reuested by the Company,such insured shall give
Ill
lieu of foreclosure,or other legal manner which discharges the Company',at the Company's esp,'ns<,gl1 reasonable aid I.i to any such
the livnnof the it red mortgage,and if.nude tnsrrreD c rpuration,its action or proceeding in effecting settlement,secutin,evidence,any
vans@rev of thc�esmlc or lrterost so nr4uined,p o ed the tr:msferee is witr•ssses,or prosecuting or defending such action or proceeding,and(_)
the prowl n wholly od subsidiary of_och insured;and in favor of any any other act which in the opinion of the Comp any'ray is n"rainy or
governmental agency::,'lien 4" nality which acquires all or any pan of desirable to establish the title to the estate or interest or the lien of the
the esrate or interest pursuant to a contract f in'urancv guaranty nsuled nwngage, s insured, including but not limited ry executing
ring or guaranteeing the indebtedness secured by the insurdrmortgage• collative or other documents.
Afcr any such acquisition the amount of insurance hereunder,exclusive of
"sts.
arid,cys'fas and expenses which the Company may be obligated 4 PROOF OF LOSS OR DAMAGE—LIMITATION OF ACTION
to pay.
shall not raced the lust of:
(i)the amount of insurance.stated in Schedule A: In addition to the notices ocqui ed under PatagmPh 11bl of these
l ill the amount of the unpaid I of the inlvi•tedncc� luv by
and Stipulations,a proof of loss or damage,signed and s n
pal principal p to by the tmnred el imam shall be furnished to the Company within 90
i merest thereon.as determined under Paragraph 6(a)(W)hercrof.expenses days rifler the insured claimant shall aseeruin or determine the fact,giving
of fineclus e and mount,advanced to protect the lien of the insurd lial Io such loss tar damage.Such proof of loss or damage shall describe the
mortgage and secured by raid insured mortgage at the time of acquisition defect in,o lien or v cumbruncc on the title,or other matter insured
of such estate or interest in the land;or against by this policy which consthuta the.,is of Inc or damage,and,
amm m n
(iii)the mt paid by a v governental a r nstru- when appmfnlate,slate the basis of calculating the amount of such loss or
ndality,d such agency sr mstrt mentality is the insured claimemt.in damage.
acquisiior. of such c'latc�nr in lene'1 in satisfaction of it, insurance Should such proof of hoc of damage fail to slate facts sufficient to
sontracl or guaranty enabIC the C'umpany to deteuninc its liability hereunder,insured daimant,
(bI CONTINUATION OF INSURANCE AFTER CONVEYANCE OF a, the written request of Company', shall furnish s ru h additional
TITLE inl ormat, t as may rvu x,msl,ly br oeccsury ro n,ake s.rh dete,mirratiun.
Ne ell -of this policy hall continue in force as of Darr of Policy No right of action shall secure Ise insured claimant until 30 days rifler
in taunt of an ig'o,eJ s,long as such insuredfetains an estate tat inters I in such proof of loss tar damage shalt have been furnished.
the land,car owns an indebtedness secure'.by a pnrcbaw money mortgage
given by a purchaser from such insured,or so long as still,inorcd.hall I:a,irc to furnish suunder ch,1; 1 of hoc or damage shall tenntna,,any
have babAity by era o of covenant'of--oty node by such insured in liability of the Company tilts polity as tv such hoc or damage.
Conditions and Stipulations Continued Inside Cons"
�. CI-T.1 Sfamlard Ctlll'r9gC Polies Farm-1973
(Amended 12-6-85 and 2-20-96)
ISSUED FROM THE
OFFICE OF
i
I is
GOLDEN STATE TITLE COMPANY i
a tlivision of
COMMONWEALTH LAND
POLICY
TITLE INSURANCE COMPANY I � OF
i A Reliance Group Hcldings Company
TITLE
MAIN OFFICE: INSURANCE i I'
41 North First Street
San Jose,California 95113
(408)998.4648
I�I BRANCH OFFICES:
11W E.Hamilton Ave.-Suite B I l I tt
n� Campbell,CA M
408)371 33 0
III;, • I�, i!II' .
676 Blossom Hill Road ++� J;
San Jose.CA 95123
(408)62"?11
• l 1 I I�
I' 3484 Stevens Creek Boulevard I! I Issued by
San Jose,CA 951 f 7
(408)244-5005 COMMONWEALTH LAND f I
• �+ TITLE INSURANCE COMPANY ('I
II i ,
'I 821 Castro Street I.' !I A Reliance Group Holdings Company
IIIIII Mountain View,CA 94041 I l
(415)965.8033
7711e Insurance Sine,1876 f�:
lI HOME OFFICE
EIGHT PENN CENTER
PHI LADELPMA,PA 19103
It
j I B-1031.3
• CONDITIONS AND STIPULATIONS
(Continued)
S. OPTIONS TO PAY OH OTHERWISE SETTLE CLAIMS AND 9. LIABILITY NONCUMULATIVE
OPTIONS TO PURCHASE INDEBTEDNESS It is expressly understood that the amount of insurance under this
The Company shall have,he option to pay or uthesuise settle for or in policy,as to the insured owner of the estate or interest covered by this
the name of an insured claimant any claim insure)against,or to nuninate
polity,shall be reduced by any..,.an,the Company may pay under any
all liability and obligations of the Company hereunder by paying which
Taut en on a mortgage rh,ilc or referred to in Schedule B hereof I
tendering payment of the amount of insurance under this policy togother mhoich is a lien on the estab:oraterest covered by this policy,ur(b)a
with a costs.atnnneyi fees and ecpens.lace Orel up to the og' of rlgage hereafter executed by in insured which is a charge or lien on the
such payment or senile; of payment se the i Ired claimant and estate or interest described or refer red to in Schedule A.and file amount so
authorised by she Com ny.In case less or dumaer isu claimed under This paid shall be deemed a payment under this policy.The Compa nr shall have
Pa the option to apply to the payment of any such mettgage any amount that 1
policy by the owner of the indebtedness secured by the insurd nlorrgage• Otherwise would be payable hereunder to the insured owner of the estate 1
the Company'shall have the further option to patch—such indebtedness or interest covered by this policy and the amount so paid shall be deemed a
for the am or owing thereon together with all.outs,astnrncys'fees:cod paymcm under this policy to said incur downer.
pense% which the Company nr Is obligated hereunder to pay. If Zhu
Company offers to purchaw said indebtedness:is herein provided,the Ill.provi;ions of this paragraph 9 shall slot apply to an sword of the
owner of so,
indebtedness hall transfer and assign said indebtedness and indebtedness secured by the insured mortgage,unless such insured acquires
tlu _ nil a calla let al«•curiae the score to the Comp.- upon tide to said estate nr interesl in s;Itis(aIIiun of said indebtedness or any
paym Uiefefor emir...in p vidad.Upon uch offer being made yby it,, par,thereof.
COI'» all liability and obligation,of IIIe Company hereunder to ill,
the mdeburdne,<4curcd by said it red mot lgage,uthet than 10. SUBROGATION UPON PAYMENT OR SETTLEMENT
trhenublictti-to purchase end indebtedness pur-,,ou to Otis..,rli,h'are WhcIa r the Company shall have paid Or settled a chin,under this
raonlnaiM' policy allright of s.IO—rio.shall sett in the Company unaffected by
act of she insured claintan 1,except the(the owner of the indebtedness
6. DETERMINATION AND PAYMENT OF LOSS rcd by Ilse insured II—cage may release or substitute floc perwrul
liabil:ty of any debtor s enter,a extenA I ulherwisu modify the
lal the habilily of the Comp;my under till,policy shall in no case tenor of ply, I.or r.lease ea'or lionr of the e:aate or interesl frum the
exceed the!cast of: lien of the i reel mortgage,or release a colialeml security for the
0)the actual loss of the insured claimant:or indebtedne•.ss,l provided such act occurs prior to receipt by such insured of
notice of any claim of title or interest advctse to the title to the estate or
(ii) she amount nftnsur.,nee s,a led in Schedule A.or.ifapplicable. interest or the priority of the lien of the insured mortgage and does not
the amount of insurance as defined in paragraph_a(a)hereof:or result in any ions of priority of the lien of the insured murtgage.The
fill)if this policy insures the owner of the indebtedness secured Company shall be;abrogated to and be entitled m all rights and remedies
by the insured mortgage,and provided said owner is the insured claimant, which such insured claimant would have had against any person or
the amount of the unpaid principal of said indebtedness,plus interest property in respect to such claim had this policy not been issued,and the
thereon.provided such amount shall not include any additional prim;al Company is hereby authorized and empowered to sue.
compromise or
indebtedness crealM wbseluem to Date of Policy,except as to umuums scale in its name or in sloe name of the insured to the fell extent of the Ins,
advanced to protect the lien of the insured mortgage and secured thereby. sustained by the Company.If requested by the Company,the insured shall
m)The Cam cute any and all documents to evidence the within subtogation.If the
piny will pay.in aJdiliun to any loss insured against by payment does no(rove,the loss of such insured claimant.the Company
this policy,all costs imposed upon: insured in litigation carried on by(he shall be subroeated to+uch:iglus and remedies in the proportion which
Company for melt insured.and all Losts.atm:ny:fees and expenses in said payment i-1 to the lunicut of said lost,but such.sbro�alion shall
litigation cars icsl on by such insured\with the w•raten authoriration of the be in subordination to an insured mortgage.If luu Mould"result frum any
Company. act of such insured clximanl,such act shall not void this policy,but the
(c)Ahen Ibc amoum of Ines or Jnmaca has been definitely fixed in Company,in that event•shall as:,such insured claimant be required to
co dance with the condiuuns Of Ibis policy,IIIe Inns Or J:unage shall be p.Iy. dy that par: of any losses insuredainst hereunder whuti shall
payable within JO days there:lir•s. seed the amount, if any lost to the aC onto by reason of the
hnpairruent of the right of sub:egation.
7. LIMITATION OF LIABILITY 11. LIABILITY LIMITED TO TIIIS POLICY
Nu claint shall a: or be u.noel unable Ruler tills policy sal if file this instrument together with all endo—ruentsand other instruments.
Company. niter having raised notice of al alleged del ec 1, lieu o (any,'ut-i ,,hereto;+y she Company is the entire(vlicy and contract
Imo:a-c inmrerf.gains,hereunder,by Inigalinrt m otherwise,removes between the nsureI and the Company.
cud,defect,lien or encunlhtance or esablishes the lies.O,the lien Of the Any claim of loss or damage,whether or nos base)on negligence,aM
cared moneaec.as insured,within a reasonable lime:d(e,remip,of seh which arises out of the smnn of the lien of Il,e insured mortgage of of the
notice: (b) I the a eat of Intganon cool Ill— Ims been . Inul title su the estate O interesl c rcd hereby,u ottun asset,as such
dete -tionnhy a Its of conapet a'nl jinedielion,i I I disposition of all claim,.gull be restricted to the I vssu,n;anJ condiliOns t I stipulations
appeal slNhereRO salve«; to the title t r r'the lien of the i fed of this policy.
mortgage,as insured,as provided in paragraph 7 hereof;or(c)far liability No amendment of nr endorsement to tills tic
'I.r ariiy .dmhted »r swn,,d b) an msurxl without prior written policy can be made except
consent of the Company.a by writing cadorsesl hereon or attached hereto signed by cllher the
President, a Vice Pnsidcnl, the Secrctaq•, an Assistant Secn:laq,or
ill ,a
Officer o,-Ilooizsd,ignalluy of the Cunq,uny.
B. REDUCTION OF INSURANCE;TERMINATION OF LIABILITY NO payment ;lull be f aad, without prducing Ibis policy for
All po •xL p {'aYmen t cndorsentenl of sew i pavlucnl unless the policy be lust o' dcsno)'ed.In
payments uodcO !ills !icy, s, r t 1 »ads IOr e'ols, wln.h sale prn,f of srh loss os dcstrucliun shall be I'urtished to the
attar net<'lees anJ expense+.s1 A deduce ill,an,, I Of the i,,,um—'it,; satisfaction Of the( 1n 'n).
Ionise provtdcd,hosycyy:.u,hc owner of the tn.eb,eJn...sec»tcd by the
reJ moll.an•11 an ms»re.i hcteondcr,lilts sue 11 p O•m
.1yns.polio,tO ills
ar.qu. title I - -1 -I 1 •st as{no-I'd In I-al'rapb 2(al 12. NOTICES,WHERE SENT
of 'he" (Orda, t p I t' ;hall n n Ordure I leap'the All noel—r quned 10 l+e deco the t'"nq,am Ian,sllncmenl m
•I'he in. f del hetcunsict as, Inv s h t I cpl -l -I I be O-od cJ doe Cs I -;hill bean l n C'Oldresse , om.
to,
o Idle testetll shad 1 P., sal...d Icc the ann'u it'l the' I I t Inc;; �•lhh Lind l illsr.Inec('otni 1•i'chl Penn Cenlcr,PhilnJel
s.I tnl!,y.,,h lanrig.lg.•. pina.I'er.n>y Isani.l 191t�i.
e Il'.Ietncnl In lull to an\pets" Or solumal\sttn,ta ll oI Icicasc..I
the it reJ m�'r leagr•.hall' »t.e ,ne:III Inlolit\ OI the l'"nq,.lny to:In
red IOw»er OI file nulcbtnlne;s—tined by Ih\•insulcl mortgage,c\cepl
assI t•Icl ni paragraph_'(:II ilea.'(.
cI IA,laod.'rd(,,.el.'ge Pn,I—I orn - 1973 I\m,»ued 12.1,"and 1-zuso) Valid Only If Schedules A and D Are Attached
(„ I I,I'll.....
r''am 1011.1
SCHEDULE B
This pol Icy does not insure against loss or damage, nor against costs, attorneys' fees or expenses,
any or all of which arise by reason of the following:
PART I
I. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result In taxes or assessments, or notices of such pro-
ceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could
be ascertained by an Inspection of the land or by making inquiry of persons in possession
thereof.
3. Easements, liens or encumbrances, Or claims thereof, which are not shown by the public records.
Q. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts
which a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims: (b) reservations or exceptions in patents or in Acts authorizing
the issuance thereof; (c) water rights, claims or title to water, whether yr not the matters
excepted under (a), (b), or (c) are shown by the O�-blic records.
6. Any right, title, interest, estate or easement in land beyond the Ilncs of the area specifically
described or refer:.] to in Schedule A. or in abutting streets, roads, avenues, alleys, lanes,
ways or waterways, but nothing in this paragranh Shall modify or limit the extent to whirh the
ordinary right of an abutting owner for access to a physically open ;.treet or highway is insured
by this policy.
7. Any law, ordinance or governmental regulation (including but not limited to building and zoning
ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the
land, or regulating the character, dimensions or location of any improvement now or hereafter
erected on the land, or prohibiting a separation in ownership or a change in the dimensions or
area of the land or any parcel of which the land is or was a part, whether or not shown by the
public records at Date of Policy, or the effect of any violation of any such law, ordinance or
governmental regulation, whether or not shown by the public records at Date of Policy. .
S. Rights of eminent domain or governmental rights of police power unless notice of the exercise of
such rights appears in the public records.
9. Defects, liens, encumbrances, adverse claims, or other mattes (a) whether or not shown by the
Public records at date of policy, but created, caused, suffered, assumed or agreed to by the
insured claimant; (b) not shown by the public records and not otherwise excluced from coverage
but known to the insured claimant either at Date of Policy or at the date such claimant acquired
an estate or interest Insured by this policy or acquired the insured mortgage and not disclosed
in writing by the Insured claimant to the Company prior to the date such insured claimant became
an insured hereunder; (c) resulting in no loss or damage'to the insured claimant; Id) attaching
or created subsequent to Date of Policy; or (a) resulting in loss or damage which would not have
been sustained if the Insured claimant had been a purchaser or encumbrancer for value without
knowledge,
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE.A
Issued with Policy No. single
Policy No. 605-255198
Amount of Insurance $115,000.00
Premium $465.00 ST
Date of Policy May 18, 1988 at 8:00 a.m.
File No. 208269
1. Name of Insured:
ROSS KEISER AND TERRY L. KEISER
2. The estate or interest referred to herein is at Date of Policy vested in:
ROSS KEISER AND TERRY L. KEISER,
his wife, as Joint Tenants
3. The estate or interest in the land described in Schedule C and which is
covered by this policy is:
A Fee
By:
Authorized Signature
Page 1
,,s ..... _:,.. .. ... ,• _. .aria.. ,:...� .
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE B
This policy does not insure against loss or damage, nor against costs, attorneys;
fees of expenses, any or all of which arise by reason of the following:
PART I
All matters set forth in paragraphs 1 (one) to 9 (nine) inclusive on the front cover
sheet of this policy under the heading of Exclusions from Coverage.
PART II
1. Taxes for fiscal year 1988-1989, a lien not yet payable.
2. The lien of supplemental taxes, if any, assessed pursuant to provisions of
Chapter 3.5 (commencing with Section 75) of the Revenue and Taxatien Code of the
State of California, and/or any additional taxes which may be assessed for added
improvements or changes of ownership, subsequent to March 1, 1975.
3. Building setback line over the most Southerly 20 feet of the premises, as shown
on the filed Map.
4. Covenants, Conditions and Restrictions, but deleting restrictions, if any, based
on race, color, religion or national origin, in an instrument
Recorded April 6, 1949 in Book 1770, Page 247, Official
Records
Contains no reversionary clause.
NOTE:
General and special taxes for the fiscal year 1987-1988.
Parcel No. 357-19-022
Code Area 63-079
First Installment $922.89 paid
Second Installment $922.89 paid
Home Exemption
Assessed Valuation None
Personal Property
Assessed Valuation None
Page 2
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE C
The land referred to herein is described as follows:
All that certain property situate in the Unincorporated Area, County of Santa Clara,
State of California, described as follows:
PARCEL 1, as shown on Map of Record of Survey filed October 23, 1964 in Book 186 of
Maps, at page(s) 52, Santa Clara County Records.
Page 3
,t
I 54 53 ` 52 �► 5.00T AC.NET
B5 I;
Q () 4g I3ovl< PaGrE
•348 827 so >o is ,� Itr
� I q
302 053 - —_1 3 S
_... —_ —_
IMPERIAL 1 AVENUE
R,OS_.203;M-35 This map Ia provided for your
-- o co:;vcnienca. as N guide to thu w.a
•„9 75 l5 7S iS r) )v 0o rO'00
iny11:0r31 1008NO11 Of this property
8 Wt; occopt no liability for its
W I accuracy.
40 �i 4 42 43 44 45 4 4P
I _
-{ '--
COMMONWEALTH LAND TITLE COMPA'N'r
F1 _
'i)LD7 .., r.i'So'-'- rsi o7 11\ •139 34—�—
• r 16 � � /5 t7 P:I � 7 �i
18 P - -axbi 9 sl 1
9j I
131 Ift 116 So ri)r w
.3 0m
R u _ p11S O
' s �r is50-//�� Z • � 73
15 Alto
Oa o /3 is ----
�97..I b R.M'.ni 50
SADENA --- _
-- —-- --14------�-- - - - ----- - �1 /^��
V t:NUE so' 3oi 20 A.0.S.86/Si c r)r.50 yA -
20
0.15 AC.NET.I nu �
Lu
>� I 0.42 AC.NET. •PCL, r,�PCI. 20,� 21 pp. a
A e PCL. 2P ^2 ,{ it 3 1
�.
B3 I m 22 23 4 I Ir n i.7 x4..L zxx.7o )'rr) Q 1� ,
a 2 3 ♦ tS 6 T B 8 10 it 12N ,Vd4^j 33 32 3/ 30 29 2¢ 2TP6 25 24�; 23 _ Q /O 9 1°.• Soi• sooi .a)� cc ,NOONAN SUBDIVISION ` _MOONAN SUBDIVISIOORANGE _. . ,AAtT N? �7 .r o..Tonrruv �nn
` POLICY OF TITLE INSURANCE
' ISSUED BY POLICY NUMBER
COMMONWEALTH LAND 605 255187
TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF,COMMONWEALTH LAND TITLE
INSURANCE COMPANY,a Pennsylvania corporation,herein called the Company,insures the insured,as of Date of Policy
shown in Schedule A,against loss or damage,not exceeding the amount of insurance stated in Schedule A,and costs,
at tomeys'fees and expenses which the Company may become obligated to pay hereunder,sustained or incurred by said
i2urc4 by reason of:
I.' the estate or interest described in Schedule A being vested other than as stated therein;
defect in or lien or encumbrance on such title;
3.Unmarketability of such title;or
4.Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land.
in fact,abuts upon one or more such streets or highways;
and in addition,as to an insured lender only:
5.Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity,or claini
thereof,arises out of the transaction evidenced by the insured mortgage and is based upon
a.usury,or
b.any consumer credit protection or truth in lending law;
6.Priority of any lien or encumbrance over the Ben of the insured mortgage,said mortgage being shown in Schedule B in the
order of its priority;or
7.Invalidity of any assignment of the insured mortgage,provided such assignment is shown in Schedule B.
jIN WITNESS WHEREOF the Commonwealth Land Title Insurance Company has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers,the Policy to become valid when cuuntersignedon Schedule A by an author-
ized officer or agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Sectetar; // President
h EXCLUSIONS FROM COVERAGE SEE ATTACIT'l SC!'E B
B i.Taxes or assessments which are not shown a existing liens by the records of any lasing authority that levies taws or
t ass7•ssments on real property or by the public records.
1! Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether ur r,nt
Ij shown by the.gcords of such agency or by the public records.
I I.Any facts,righls;,interests or claims which are not shown by the public records but which could be aseerfained by;)it
i inspection of the Ia;d-Qr by making inquiry of persons in possession thereof.
3.Easements,liens or encurltbranees,or claims thereof,which are not shown by the public records. 1
4.Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey jl
would disclose,and which are not shown by the public records. ' '
5,(a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acfs authorizing the issuance thetenf: (c)
water rights,claims or title to water.
b.Any right,title,interest,estate or easement in land beyond the lines of the area specifically described or referred it,ut I`
Schedule A,or in abutting streets,roads,avenues,alleys,la:-,es,ways or waterways,bill nothme in this naraeriph shall G
modit,ur limit the extent to which the ordinary right of an.abutting owner fill access to a physically open sucet m
hidtway is insured IT,,,this policy. N
1.Any law,ordinance of governmental regulation(including but not limited to building and zoning urdinauCCS)ICS111 Ong or L
j regulating ur prohibiting the occupancy,use or enjoyment of the land.or regulatine the ch:uacter,dimensions nr Incttnnt t.
..` ill anv intprovcnlcnt now or hereafte!erected url'the land,or prohibiting a separation to ownership or a reduction tit the d
dimensions oruea of the land,of the effectofany violation of any such law,ordinance ur governmental regulation.
Riche of eminent doola!n or governmental rights of police power unless notice of the exercise of such riehis appeal.tit Iha -
pulhc records.
11.Defans,liens,encu nihunces.adverse claims,or other matters(at created.'uttered,assumed or auced to sty The
'hoo it:(b) not shown by file public records and not 0111-35e excluded from coeeraee but known to tale m,u—! '-
ehinmrt either:it Date of Policy or at the date such claimant acquired an estate or interest insured.by this f
:.yuin•d the insured mortgage and not disclosed in writing by the insured claimant to the Company pour to the d- 11
nisi n•d claimant isec.nne in insured hereunder.(,)resulting in no loss or d:nnagc to the insured r!:nntani:Idl all.], ..,,o'
p ""Ied sul—queni to Date of Policy,tit(e)resulting in loss or damage 'hick'add not have been.us1 deed if the at�meJ
C lattttant"l:td been a purchaser or enConibrancer for value without Eno ledee.
CLTA Surd.rd 12--ge P f•y R rm 1973
Pape 1
Form;011.5 (AMENDED 1216185 AND 212011811 ORIGINAL Valid Only If Schedules A,B and Cover Are Alzaehed
sxr
REWN
CONDMONS AND STIPULATIONS
1. DEFINITION OF TERMS any transfer or conveyance of well estate of interest;pruvidd,however,
The following terms when used in this policy mean this policy shall not continue in force in favor of any purchawr front such
and of either mid estate o interest or the indebtedness sss ured by a
(a)"insured":the imurd named in Schedule A,and,subject to any fnod,a money mangsee given m sech inured.
rights or defenses the Companv may have had against the named insured,
those who wetted to the interest n(wch insured 6y operation of Wu'as 3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF
distinguished from purchase including. but no; limited to, heirs,cis- CLAIM TO BE GIVEN By AN INSURED CLAIMANT
tributces,devisees. survivors, pc:wnal rcprcsemative<. next f kin,or
co
rpora,c.or fiduciiry successors.the;enm"invured' also includes(i)the in)'Ihe l•ump.,ny,at its own co,l and without undue JrL�y,shall
of the indebrednecv secured b) the loaned nor:gage•a A cac, Isrss ale far the defrn•e a:;imv:ed ir,to iga:ion r. the cvtent that each
successor in awnenhip of such indebtedness treserving.sho,vsder,:dl right' litigation involves n Alcced Meet.lien.ca,Iunbrancc III othel mallet
-nd defenses as to env.wch succaswr who acquires the indebtedness by Ins,cd against by this policy.
Aeration of law as described in the lust sentence of this subparagraph(a) (b)1"he...surd shalt notify the Company p:omptly in writing(i)in
that the Company would have had against the succesxn,transfetor),and c of any litigation as set froth in(a)above.Ri)m cave knowledge shall
further includes(ii)any governmental agency or instrumentality which is a Ins a insured hemunde,of any W.of,ite o interest which i,
an insurer or gwrantor under an insurance contract or!w aty rmunng or adverse Iorlthes title to the estate or inleresr or the ben of rhea loss n f
Iecing said indebt cocas,or any part thereof.whether mine as an ortgage.as inwrd.and which nii.ht v:,usr toss+sr damage fur which the
iusurd herein or not,and(m)the parties designated in palavitph 2(a)of Company nay be liable by virtue of this policy,o:(iii)if title t,the estate
These Conditions and Stipulations. interest or the lien of the in ued mnrrgage.as inwnsd.is rejected n
(b)"inwrd claimant":an insured claiming loss or damage hereunder. ur marketable.If wch Prompt notice shall not bs•given to the Company
lc)"insured lender":the.owner of an insured mortgage. then as to smh sus red all IWbilirY of rh.•Companv shall gees :tad
serntnam in regardrn the mat lee I marrers far which such p—cl tice
(d)"insured mortgage":a mortgaxe showm in Schedule B,the owner is squired; In-ided, however,that failure ro notify shall in r
of which is named as an insured in Sc edule A. pre)udice the rights f any such i ut d under his policy unlexa vth`
(e)"knowledge":actual knowledge,not constructive knowledge or Company shall be prejudiced by such failure and Ihll en only to the es tent of
natice which may be impsned to an insured by reason of any public such prejudice.
—ords. lc)The Company shall have the right at its awn cost to institute and
(f)"land":the land described,specifically or by reference in Schedule owithout udue delay prosecute any action or proceeding or to do any
the, d which in its opinion may be nceesvq or desirable to establish
A, and imp,ovements afflacd Thereto which by law constitute real the title to the estate of interest or the lien of the insured mortgage,as
property:provided,however,the term"land"does not include any area insured:and the Company may take any app,opriate action,whether or
euauded by Paragraph No.6 of Part 1 of Schedule B of this Policy. not it shall be liable antler the Icr.e of this policy,and dull not thereby
(g)"mortgage':mortgage,deed of trust,trust deed,or other security concede liability or waive any provision of this policy.
instrument. (d)Whenever the Company shall haw brought any action or
(h)"public iceends":those records which by law impart constructive interposed a defense as«quird or permitted b) the provisions of this
notice of matters relating to the land. Policy,the Company may pursue any such litigation to final determination
by a court of competent jurisdiction and expressly reserves the right,in its
2. (a)CONTINUATION OF INSURANCE AFTER ACQUISITION OF sole discretion.to appes)from any adverse judgment or ceder.
TITLE BY INSURED LENDER (c)In all msev where this policy permits or requires the Company t,,
If this Policy insures the caner of the indebtedness secured by the prosecute or provide far the defense of.ny action or proceeding,the
in'll mortgage,this lith shall continue in force as of Date of Policy in ensued hereunder shall secure to the Company the right In w prosecute ur
pm proyhde defense in wch action or proceeding.aid all appeals therein,ad
favor of such insured who acquires all or any part of the atom a1 interest permit the Compm,y to use,at its option,:he name of such insured for
n the land described in Schedule A by (nreclosure, trustee's ale, such purpose•111,n vet cquested by the Conpan),such insured shall give
nvcyance in lieu of foreclosure,or other legal manner which disch eggs (It Companv,at the Company',ecpense.all rnsonable aid(I)in any such
the lien of the inwrd nw,tgage,and if wch insured is a corpo:nti0n,its nc,ian or proceeding in effecting settlement.scoring evident•,obtaining
ransfelec of the fate or interest.w acquired,provided the transferee is witnesaex,or prosectinc or defending such action o,preceding,and(2)
the Parent or wholly owned subsidiary of wch insured:and in favor of any in any other act which in the opinion of the Company nay be nece,sate or
governmental agency or instrumentality which acquires all or any part of desirable to establish the title to the estate or interest or the?ten of the
the estate or interest pursuant to contract of insurance or guaranty insured mortgage. a insured, including but not limited to executing
insuring or""nleeing the indebtedness seaveJ by the insured mortgage• cot active or other d-uments.
After any wch acyui,inmv the amaunn o.insurance h.rounder,exdusive mf
costs,arnrneys'fees and espenses which IIIe Company may be nbltuated
to pay,%hall not exceed the lest of: 4. PROOF OF LOSS OR DAMAGE—LIMITATION OF ACTION
(i)the amount of insurance stated in Schedule A; In addition to Ilya notices:aluind order Paragraph J(b)of these
Co editions and Snpula,ions.a p of of loss r damage,signed and s
I
the amount of the unpaid principal of the idcbtedn-s plus to by the i,red claimant halt be fumisheI to he Company witti.s'!B
i truest theton,as determined under paragraph 6(a)(iii)hereof.-pen days nRe,the insured cainum shall a%gettain 0r determine the facts giving
of faucclnsure and amounts advanced to protect the lien of the insured riv ns arch lass or d.unage.Such proof of loss or damage shall describe the
ortgage and secured by said insured mortgage al the time of acquisition defect r ,lien o eon b—ce on the title,or other matter insured
of such estate or interest in the land;or ag lost by this policyevvhieh constitutes the bavi,of loss nr damage,and.
(iii)the amount paid by any governmenal agency or inure. when appropsiale•state the basis of Calculating the anoint cf such loss or
mentality.if such agency tar inarumentaliry is the insuld cla iminn.in desm:Br.
acquisition of such state or interest in satisfaction of its insurance Should such proof of lox w dams ge fail n+state iaets sullicient to
contract of guaranty. ruble the Company Ica drtvrnine its Wbildv he,cudet.insured claimant,
IhI CONTINUATION OF INSURANCE AFTER CONVEYANCE OF at the wniren rcyucst of Company, shall : nisIt .such additional
TITLE inlor.anm as.,,a)--ably be necescu)to make such deter,niraliun.
Tile coverage of this policy shall continue in feree as of Date of 1'o1
al icy, No right a,uon slwll accrue to tnsund ILamnnt until 30 days after
in favor of an insured.so long as such insured telains an estate or interest in such s ox+f of loss or damage'Indl have been furnohod.
tlse land,of owns an inJI, ledness secured by a pinch—money mwteage
given by a purchaser from such insured,or so Ion as suchinsured:hall Iailure to furnish ouch pnhol of loss o,danuee shall Iermin',to any
have liability by hewn of covesunts of warranty made by such insured in IWbility of lie Cnnh{,any rud his e,t policy as to such lass or dmnagc.
Conditions and Stipulations Continued Inside Cover
B-1091-5 ' ,
SCHEDULE 8
This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses,
any or all of Mich arise by reason of the following:
PART 1
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public-records.
Proceedings by a public agency which may r^.sult in taxes or assessments, or notices of such pro-
ceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could
be ascertained by an inspection of the land or by making inquiry of persons in possession
thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
e. Discrepanuies, conflicts in boundary lines, shortage in area, encroachments, or any other facts
which a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Arts authorizing
the issuance thereof; (c) water rights, claims or title to water, whether or not the matters
excepted under la), (b), or (c) are shown by the public records.
6. Any right, title, interest, estate or easement in land beyond the fines of the area specifically
described or refer:.1 to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes,
ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the
ordinary right of an abutting owner for access to a physically open atreet or highway is insured
by this policy.
7. Any law, ordinance or governmental regulation (including but not limited to building and zoning
ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the
land, or regulating the character, dimensions or location of any improvement now or hereafter
erected on the land, or prohibiting a separation In ownership or a change in the dimensions or
area of the land or any parcel of which the land is or was a part, whether or not shown by the
public records at Date of Policy, or the effect of any violation of any such law, ordinance or
governmental regulation, Whether or not shown by the public records at Date of Policy. .
a. Rights of eminent domain or governmental rights of police power unless notice of the exercise of
such rights appears In the public records.
?. Defects, liens, encumbrances, adverse claims, or other matters (a) whether or not shown by the
public records at date of policy, but created, caused, suffered, assumed or agreed to by the
insured claimant; (b) not shown by the public records and not otherwise excluded from coverage
but known to the Insured claimant either At Date of Policy or at the date such claimant acquired
an estate or interest Insured by this policy or .squired the insured mortgage and not disclosed
in writing by the insured claimant to the Cuc;.wny prior to the date such insured claimant became
an insured hereunder, (c) resulting in no loss or damage�to the insured claimant: (d) attaching
or created subsequent to Date of Policy; or (a) resulting in loss or damage which would not have
been sustained If the insured claimant had been a purchaser or encumbrancer for value without
knowledge.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE A
Issued with Policy No. 408-249993
Policy No. 605-255187
Amount of Insurance $220,000.00
Premium $696.00 Basic
Date of Policy May 18, 1988 at 8:00 a.m.
File No. 208268
1. Name of Insured:
CATHERINE ANN WOLKOW
2. The estate or interest referred to herein is at Date of Policy vested in:
CATHERINE ANN WOLKOW,
an unmarried woman
3. The estate or interest in the land described in Schedule C and which is
covered by this policy is:
A Fee
By:
Authorized Signature
Page 1
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE B
This policy does not insure against loss or damage, nor against costs, attorneys;
fees of expenses, any or all of which arise by reason of the following:
PART I
All matters set forth in paragraphs 1 (one) to 9 (nine) inclusive on the front cover
sheet of this policy under the heading of Exclusions from Coverage.
PART II
1. Taxes for fiscal year 1988-1989, a lien not yet payable.
2. The lien of supplemental taxes, if any, assessed pursuant to provisions of
Chapter 3.5 (commencing with S(-.cticn 75) of the Revenue and Taxation Code of the
State of California, and/or any additional taxes which may be assessed for added
Improvements or changes of ownership, subsequent to March 1, 1975.
3. Building setback line over the most Southerly 20 feet of the premises, as shown
on the filed Map.
4. Covenants, Conditions and Restrictions, but deleting restrictions, if any, based
on race, color, religion or national origin, in an instrument
Recorded April 6, 1949 in Book 1770, Page 247, Official
Records
Contains no reversionary clause.
5. A Deed of Trust to secure an indebtedness of the amount stated herein
Dated April 26, 1988
Amount $103,000.00
Trustor CATHERINE ANN WOLKOW, an unmarried woman
Trustee CALIFORNIA RECONVEYANCE COMPANY, a California cor-
poration
Beneficiary GREAT WESTERN BANK, a Federal Savings Bank
Recorded May 18, 1988
Instrument No. 9695213
Address P. 0. Box 1900, Northridge, CA 91326
Loan No. 0-591791-1
NOTE:
General and special taxes for the fiscal year 1987-1988.
Parcel No. 357-19-021
Code Area 63-079
First Installment $921.44 paid
Second Installment 5921.44 paid
Home Exemption
Assessed Valuation None
Personal Property
Assessed Valuation None
Page 2
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHED:ILE C
The land referred to herein is described as follows:
All that certain property situate in the Unim orporated Area, County of Santa Clara,
State of California, described as follows:
PARCEL 2, as shown on Map of Record of Survey filed October 23, 1964 in Book 186 of
Maps, at page(s) 52, Santa Clara County Records.
Page 3
- CONDITIONS AND STIPULATIONS `
I('nnlinued)
5.
OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS AND 9. LIABILITY NONCUMULATIVE
OPTIONS TO PURCHASE INDEBTEDNESS 11 is expressly unde,stoul that the amount of insurance under this
'r:e Company shall have the option to pay or otherwise settle lot o,in policy as to the insured owner of the estate or interest covered by this
the name of an insured claimant any claim insured against,or to terminate Policy,shall be reduced by any amount the Company may pay unde,ally'
all liability and obligations of the Company hereunder by paying or policy ensuring on a mortgage shownme sus rcovere Ill t Schedule If hcrcof
tendering payment of the amount of insurance under this policy together which is a lien on the estate ur interest coveted by this policy.ur Ih1 u
with any costs,attorneys fees and expenses ineurted up to the time of mortgage hereafler executed by an to."which isa charge or lien on the
such payment or tender of payment by the insured claimant and estate or interest de,aibed or ref.,d to in Schedule A.and the amount so
authorised by the Company.In cast loss or damaee is claimed under this the
shall be deemed o payment under,its such i.'fhe Comp:ny shell hove
the owner of the indebtedness secured by the insured mart the,option to apply In the parmem of any such mortgage any amount Ihal
tpolicyC b>' gab-• otherwise would be payable hereunder,lu the inured ovine,,.f h,esl.uc
the Company shall have the further option h,purchase such indebtedness m interesI coveted In this policy and the amount so paid shall be deemed.,
for the amount I,rein Itivre,ni together n'irh all costs.attorneys'fees and payment under Ihis pube>to said inwud own,".
Guupauy which ohfell
a tr,c Company is obligated hereunder to pay. If the
purchase said redclue ss as herein provided,the The provisions of this paragraph 9 shall not apply I,an owned of the
owner of such snit tedneu shalt transfer and assign said I ebledness and indebtedness record by the insured mat lesge.unless such insured acqu,,
,hg wongage and any collateral se wring,hc same to d,e Company'upon till,In said estate or imera,in suisra;:inn ot'slid soled+redness m a .
paymem therefor as herein provided.Upon such offer being made by the pan Ihereof.
Co tpany.:dl!lability and obligations of the Company hereunder to the
If the tndebtsdne,s secured by said insured in tgnee,ether than 10. SUBROGATION UPON PAYMENT OR SETTLEMENT
the obligation In purchase said indebtedness pursuant to this pamgmph.:ue \1'hgnevel rive Company'shall have food of scltled a claim under Iltls
temtinale1l' policy.all right of subrogation shall vest in the Company u,e.fferled by
act of gig insu,ed cLdmunl,except that the owner al the indebtedness
6. DETERMINATION AND PAYMENT OF LOSS ued by the to ur d n nrtgage nv ideas a .vrbrligut;•the pc,•,nvl
liabil:ty of:my deiator II guatamor,III Ixte.11 m othelwisc modify Iho
Ltd the liability If the Cunqum under this policy shall in no case germs of payment,or idea.a portion of the etude or interest from the
e•xu•od the least of: lien of the insured mortgage'or"lease any cameral security for the
(i) the actual loss of the mewed claimonl;or indebtedness,provided such ass,ocean prior to receipt by such insured of
notice of any claim of title or interest dverse to the title to the estate or
dill the amount of imur nee stand in Schedule A,or,it applicable, interest or the priority of Ore)ion of the inswed mortgage and dues noI
the amount of insurance as defined in paragmpla 1(al hcrcof;or I"ult in any Ins'of priority of the lien of the insured mortgage.The
(iii)if this policy insures the ovine,of the indebtedness secured Company shall be subrogaled to aml be-ruled to all rights and remedies
the the insaucJ mortgage,and provkled aid ovine,ss the insured claimant, which such insured claimant wnold have had a alert anv person n
the amount of the u paid p,incipal of said indebtedness,plus inter", prop.Y in respect to such claim had eh is policy not been issued,and the
thereon,p y p t Company is hereby authorized and m veered to s,,I. romisg or
mWded such mount shad!rug t cWde an additional inconal settle in its vine or in the name of the insured to the(till extent of the loss
inJeMeJ.I."cleats)subseq ant to Date of Policy,except as to amamts sustained by the Company.advanced to protect the lien of the insured mortgage and secured thereby. pang lf,equesled by the Companv.Ric in,med shall
execute any and all documents to evidence the within subrogation.If the
(b)The Company'will pay,in addition to any foss insured against by payment does not cover the loss of such insured clximmnt,the Companv•
this policy'.all casts imposed upon an insured in litigation carried on by the shall be subtogatcd:u such riches and-eme,les in the proportion which
('°mpany for such insured,and all costs,attorneys fees and expenses in said payment bears to lite amount of said I.,.but such subrogation shall
htiealion cartird on by such insured with the written authorization of the be in subordination ,,on insured to meager.If loss should mwlt front any
pany. t of such insured claimant such acr dull nog void this policy but the
(c)When the amount of loss nr iamace has been definitely fixed in Company,in that event.shall as to.such insured claimant be requited to
ccorA.ance with the In
ndilions of,his policy,the loss or damage shall be pa>'on,y'Ihat part of any louex inswed oleo hereundal whteh shall
payahle within 3(1 Aays thereafter. emcerd slier nmounl, deny Iosl w the"Company by reason of the
impair ,.am
the right of subrogation.
7. LIMITATION OF LIABILITY 11. LIABILITY LIMITED TO THIS POLICY
No dainr shall ansg o,be tmaiwbte under Ihis policy(a)if the This in,ur.m.ent logolicr with it]cndu,scmcnls and other instruments,
Con,panr, after having ncrivcxla notice ,f an alleged defeel, lien or f any.atlarh"t he,etu by the Company is the entire policy and c I I acI
mbnnce inswed against hcreundrl,by litigation or othcrwtsg,removes between the insured and the Compan-
such defect,lien oI encumbrance or establishes the title,or the It"'
of the Any claim of loss or danuge,shahs,n,nol based on ncgligenee,and
insured:,n cage,a,i, red.within a,envsnablc time after receipt of such which aril"out of the status If the lien of the insure)mortgage n,of IIte
mulct; (b)rli, the event of litigation unlit there has been a final title to the estate or interest c rst heteby.or a action;Isolune>uch
deto um,ttun by a coon of compemm jurisdiction.and di,position of a0 claim,shall be restricted to the ptuvisk,m and eo piton,and mpolat
appeals therefrom, adverse to the title or to the lien of the msurcd of this policy.
volu r',arily sailnas fl1 sured*as pass wdmeJ ed nbn"aniFsurdereof;or whhnmf�rjoi liability No nmenJment of m endorsement to this policy can III maJ,except
uuuer,t of vier Curnpany, t Wn by writing endorsed hereon oI auachd hereto ,ignsd by either the.
President, \'ICI ,'resident she Secretary,;I'. AssistantSertenny,or
validating ufticer or authorized signatory of the 'I) patty.
B. REDUCTION OF INSURANCE;TERMINATION OF LIABILITY No payment dull be nude w-tshoul prnJucin, Ihis poh.y ,,,t
:\II I,av°tents unites III,, policy,except paymem made fill cos". endotseme nt of surd,partnenl unless,he policy be Ins,o,Je•sl r�,veJ.to
attorney:lees and expenses.shall,educe the.moon of the insurance pro w•hirh case prom of surd, loss or desl; on shall he"unkh"I In:m•
cum,,:pr:c:ulcd.hnwevct.if the os,nc,of I mdehtcdo","cnrd by the `•'I's lion of due f'onq,:my.
tcd men eager is an incur J heteunde,.then such payments,prior to the 12. NOTICES,WHERE SENT
acquisition of tine:o s,id cs,afe o instal as p ,a Ili in pa,a
2(a)
nl the« CnnJtl I Sllpula,�ions, nnI reluc 1 I uo the All nohg rc 1 I
ant„11h.1.e t ff.del he,e,ndr .t )such i 1 except '(n -I III I I 1•tttl ill � 1 .hall is aJ lrssrl totrr,atyr",tent rt„ urh la. ,sets redness rlr - t rnl ,f Il in lebadn ,onw.al„r I.and bills l,<ora-r.-<( ,.!ieh•Penn C-•n•r:. il,�r'
.crated by or.h nro,ngag'. phia,1'cttn'yhanla 191o". .
!'aymn,t in full by any person or soluntep'vitiIfactiotl or release of
the :I ,I'nor'.'ec sham te nninng all liability of❑ is,
te Cntnpany ,a
uasu,cd owner of the index-••<Itle"seemed by the insured nxvtgacc.cscepg
.,,provded i,I;o,ag,aph ye,rnl.
CI,I\Sland.nd coec.o I'M—I-•n,. IA-1(A,neralcd I:-d-XS:uxI-.,nsv) Valid Only If Schedules A and 0 Are Attached
Co+r 11:gc
�,. ('i f t tit unLrnl 0-rake Ilnli,, I-ru-I 171
I, ISSUED FROM THE I: (\nu•nd,d 12-e-85 and_'->_0-116)
II it
OFFICE OF
1 i i 1
+I� • GOLDEN STATE TITLE COMPANY it i II
a division of i
POLICY �.
' COMMONWEALTH LAND-
TITLE INSURANCE COMPANY {I OF
ARellmre Group HoWings '-
TITLE
MAIN OFFICE: (, INSURANCE
41 North First Street
San Jose,California 95113
1408)998.4646
BRANCH OFFICES:
! 1100 E.Hamilton Ave.-Suite B
Campbell,CA 95008 `
(408)371,1330
676 Blossom Hill Road
�! (408(IM011 Son 5123
3484 Stevens Creek Boulevard �i, Issued by I�
San Jose,CA 95117 ! ;
L
(408)244.5005 COMMONWEALTH LAND
• TITLE INSURANCE COMPANY
821 Castro Street ! ! A Reliance Gmup:!Wings Company
I. I.
Mountain View,CA 94041
t' (415)965-8833
1 '
7771alnsurarteoStnce 1876
III I '
1
HOME OFFICE I
F,I GHT PENN CENTER .I
! PHILADELPHIA,PA 19103
B-1031-1
• i
(f This mnp is provided for our
I 5 Q07 AC.NET y
�„ T3oot< PAGE ccnren,ence. a2: R yL'td9 10 1ha
48 3 Jensl!!l lacation of this property.We accapt no liability for its
REF COMMONWEALTH LAND TITLE COMPANY-.
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NOONAN `UBDIV1510N - � _NOONAN SUBDIVISION :� �.-- l-q�/ENUE
- — TRACT N" 97 '-- - ��R�� rtu rat 7.TwerT Ne inn
Initial Study
City of Cupertino
environmental Assessment Procedures
A. rile Numbers) 4-FA-84
Aaplicaticn Fitz Number(s) L-Z-84
_a_e Pebruar-r 27, L984
...e Ca'_ifc nia Environmental Cuallt•; Act of 1970, as amended, requires our!-=
?-encies Co evaluate public and private projects to determine their poteneiai
_.pact on the environment.
^is•lerk.sheet is intended to provide guidance for both .ou, the aepllcant, and
_fry of£ic'_als in assessing a proposed project to determine whether it may or
_oy not have a significant impact on the environment.
based upon the information 'Provided beicw, the City makes a determination thaC
your project may have a significanC impact on the environment, you will be required
to prepare an Environmental Impact Report as provided by State law and the City
of Cupertino's Environmental Assessment requirements.
Detailed information .regarding the environmental assessment procedure is avail-
able from the Director of Placning and Development.
Part I
Information to be completed by the Applicant
?roject Type (Pre)Zoning� l Tentative Hap Other
Use Permit I Variance
0 u Monta vista Area peneraiiy paIlt-ec ny rannna avenue rn [lin nnrc`n tmnerlal
Location Avenue to the east, NcClei Lin Runt to the s, th and b_v the 'esterL•: bvundarc of
the 6UICKberVy rarm UOLL l,ou rse Lo pie west.
Aoolicant City of Cupertino
Address of Applicant 10300 Torre Avenue, Cupertino, CA 95011, Phone(408) 252-4505
General Descripcion of Project Preto— and redone the abnve area.^, to mnlnq
districts consistent with the General Plan. The _t site captains approximately
07 acres.
.e•:.7/8/80
-1-
Descripcian of Project (cont'd.)
ir. DetaiiB of the ?r^ie
!. Size of Site N/,1
iatensit-, a: Development
(a) If residential:
(1) Number of units per gross acre
(2) Residential Unit Schedule:
0�•ner— No. of Size Es timaced Total
Rental II shin 1I Hedroams I,Sq.Et. 1Sales Price 1llumber
Unit type 91
Unit type D2
Unit type #3 I
Unit type #4
Unit type A5
iO TAL
(3) Percentage in aica of building coverage
Percentage in area of recreational open space
(4) Parking required Parking proposed_
(b) If commercial, industrial, or institutional:
(1) Building square footage
(2) Percentage of building coverage of site
(3) Estimate of maximum number of employees per shift
(4) Parking required Parking proposed
Cvestions Relaced zo Potential -tact of i
A.
Social/Cultural Inpacts: ia a.be No
(1) WUl the proposed prcje__ __suit in the ds-
placement of people?
(2) 'mill the oroiect alter the em?ic,.-ment base of the cc=unity?
(3) Will the proiect alter the housing needs
Of the cour.i ty?
(4) Does the prc*posed project affect a histcrical
or archaelogital site? (Note 1)
Physical impacts: (Page 4)
(1) Will the prcject result is a change of a natural
body of eater, vegetative cover, or land form? ;{
(2) Will the project result in a change in a scenic
•:iec or vista from existing residential area
or public lands or roads?
(3) Will the project change the development pattern,
scale or character of general area of project? X
(4) Will the construction and/or operation of the
project result in significant amount of solid
waste, litter, dust, ash, smoke, fumes or
odors Ln the vicinity?
(5) Will the project result in a change in stream
or i round t:ater quality or quantity or altera-
tion of existing drainage patterns? S
(6) Will the project substantially change existing
noise or vibration levels Lz the vicinity? X
(i) Is the project s'_te on filled land or on
slope of 10: or greater? ;{
(8) Does the proiect involve the use or disposal
of potentially hazardous materials ;uch as
toxic substances, flammable or explosive?
(?) is the project a phase of an existing or
future larger project or series of projects? X
Description of the En•:ironmental Seth
rovide the following informacien on a separate attacamenc:
(1) Describe the project site as LC e:astz _fare the preje__,
incluoin¢ info=.acion on topograohy, sail stability, plan•_s
and animals, and any cultural, historical or scenic aspe^_cs.
Describe any existine structures on the site, and the use of
structures. A plot plan may be required for the description.
(2) Describe the surrounding properties, including inforaat:on on
plants and animals and any cultural, hiscccrical or scenic
aspects. indicate the type of land use (residential, c-ms er-
cial, etc.), lntensit-t of land use (one-family, apartment
houses, shops, departaent stores, etc.), and scale of devel-
opment (height, frantage, set-back, rear yard, etc.).
CE3'SiFICATiOtI: 1 hereby certify that the statements fu Wished
above and in the attached exhibits present the data and infor-
mation required for this initial evaluation to the best of my
ability, and that the facts, statements, and information pre-
sented are true and correct to the best of my 1c,ovledge and
t,eli
D.te
(Signature)
For Ci(-t
(1) The project,Site is cumpr lsed al' c>:IvL inle urhan drvr l,gnur•nc Including. n
acre goLf course and picnic ,Ground rocrr:11:1011 complex. The entire area
has generaL historic value. A rev, .vtrticriires may hove grenLer historical
value as separate on tic ies. 'I'lie rrrrenr inn complex is Incaitcd Ln CDe
100-year event flood plan Cur Stevens Creole.
(2) 'Clie pro}ect Brea is boreip red by the Uld Knntn vista Cnrnne rcinl 0i<r
rlcr
to the north, by the Wert Va11ey Imlu aerial I'nrk to tha east and by
single-family residential neighborlun,ds to N,c' nnuth and wept.
Part I I
Information to 6e completed 6y City Officials.
A. Fr'aarr General Plan e s be No
(1) is the project in v.iat4on of the Ci of
Cuaertino's adopted General Flan,
(2) '.'111 the project burden public utilities and
se^'ices?
(a) Fire and police services X
(b) Parks and recreacicn system X
(c) Schools ;t
(d) Water system
(e) Sewer 37stem ;(
(f) Storm system x
(g) Solid waste X
(3) Is the project side outside of the Urban Ser—
vice Area of lite City as defined by Santa
Clara County Local Agency Formation Commission?
B. Social/Cultural Impacts:
(1) Will the proposed project result in the dis—
placement of people?
(2) Will the project alter the employment base
of the community?
(3) Will the project alter the housing needs
of the cnt:ounity?
(4) Does the proposed project affect a hietori—
cal or archaelogical site? ;(
(5) Will the proposed project. eliminate an
existing recreational use at the project site? :C
(5) Does the proposed project decrease public
access to any public body of water or recrea—
tional area?
(i) Will the proposed project alter the location,
distribution, densitq or growth rate cE the
human population of an area?
T
.(8) Will 1 the project result Ma•: ;70
(a) T'r,e disturbance of a natural or man-made
feature in the project area -hick is unique? ;t
(b) The obst:action of a scenic vista open __
the public?
C. Physical L-pacts:
(l) Will the Yproposed project result in the e:;osure
of people c- prope^•: to geologic hazards such
as earthquakes, landslides, mudslides, �=and
failure or siyilar hazards? X
(2) Will the proposed Project result in:
(a) Unstable earth conditions or changes in
geologic substructures?
(b) Disruptions, displacements, compaction or
overcoveriag of the saill X
(c) Change in topography or ground surface
relief features? ;t
(d) the destruction, co•-!ring or modifica-
tion of aav unique geologic or physical
feature? ;(
(e) Anv increase in wind or water erosion of
soil, either on or off the site? r
(3) Will the proposed project result in:
(a) Substantial air emissions or deterioration
.. of ambient air quality? X
(b) the creation of objectionable odors?
(c) Alteration of air movement, moisture
or temperature, or any change in climate,
either locally or regionally? :<
(4) Will the proposed project result in:
(a) Changss in absorption rates, drainage
patterns or the rate'and amount of surface
water runoff? X
(b) Alterations to the course or flow of
flood waters? h
(c) Discharge into surface waters, or
in any alteration of surface eater quality,
including, but not limited to temperature,
dissolved 0r—gen or turbidity? ;(
es �iO
(d) Alteration of the direction c- -ate of flo,
of ground ater?
(e) Change in -!:e zro,,-nd •'waters,
either through dl-e�t•additions or wi-n-
.n-.-als, or tou;,,i nterce-,ti,n at an
aquifer by cuts or excavac-'on7 X,
:) Substance v -eduction the =Cun. c of
,'water ctner-aise ava�i-iable for public -ater
soppiles" X
of .-eQple ar proper-., -0 —ter-
related hazards such as flooding or tidal
'wave, X
Will the proposed project result in:
(a) Chanze in the diversit-, of species, or number
of an, species of plants (including trees,
shrubs, grass, c-.ops, and aquatic plants?
(b) ",eduction of the numbers of any unique,
rare or endangered species cf plants? X
(c) Inc-oduc-l-on of nev species of plants into
an area, or in a barrier to the normal
replenishment of existing species? X
I
(d) Reduction in acreage of any agrictLlltoral
CrOP7
(e) Changd- in the diersit7 of species, or
numbers of any species of animals (birds,
land animals including reptiles, fish and
shellfish, benthic organisms or insects)?
(f) Reduction'of the numbers of any unique,
raze or —dangered species of animals? X
(g) inc-oduot--cn of ne, species of animals
into at, area, or result in a barrier to
X the migraticn or movement of animals?
(h) Deteridraticn to existing fish or ildli!e
habitat?
(6) Will the proposed project result in:
(a) Increase In existirg noise levels? X
(b) Exposure of people to severe noise levels?
(7) Does the proposed project significantly affect
the potential use extraction or conservation cf
a scarce natural -esource such as agricultural
land, a mineral deposit, or woodland7
• es �a._pe •io
proposed pro;ec� invol•: _;:e .se,
storage, or disposal of hazardous mater'_als? .t
(9) Wi'1 the proposed pro iect result Ln:
(a) use Cf substantiai amounts of fuel or
energy,'
(b) Substar.0 L increase in demand upon e.:,st ^g
sources of energy, o, require the development
_f new sources of energy? %
(1D) .iL :he pr•resed p:__ result in:
(a) Generazion of substantial additional vehic•_a,
movement?
(b) Z ___ts an existing parking facilities, or
demand for new parking? ;t
(c) Substantial impact upon existing transporta-
tion systems?
(d) Alterations to present patterns of circula-
tion or movement of people and/or goods? g
(e) :.Iterations to waterborne, rail or air
traffic? :t
(f) increase in traffic hazards to motor vehicles,
bicyclists or pedestrians? X
(11) Mandatory Findings of Significance:
(a) Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population
to droo below self-sustaining levels, threaten
to eli,ainate a plant or animal community,
:educe the number or restrict the ranee of a
rare or endangered plant or animal or elim-inate
important examples of the major periods of
California history or prehistor/? ;t
(b) Does the project have the potential to
achieve short-term, to the disadvantage of
long-term, environmental goals? (a short-
term impact on the environment is one which
occurs in a relatively brief, definitive
period of time, while long-tern impacts will
endure into the future.) V
(c) Does the project have imoaczs -�h--ch are
indi,idual-l-, lim-Ited, but cu-11at",el-, con-
siderabie' (A project mav on t---o
acre separate resources nere the i.-,.Vac: on
each -escljr�e ',s relat sna-;-' . but ---here
the. the cocci 00 those i=ac:5
an the environment in significant.) X
(d) 2ces the pt have enir-n.,qrtal i�
'ects
-_nlcn iii cause substantial adverse
ef!ects an nurian beings, __:her
lscuss ion of r7r."r-nmental raluacicn
(Note: Use additional sheets if necessar-1.)
On the basis of this initial evaluation, the Environmental Review Committee finds:
That the proposed project COULD NOT have a significant on the environ-
ment, and therefore recommends the GRANTING OF A H---GAI--7E DEC A.RATION.
—I Thatialthcugh the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because
of the mitigation measures described an an attached sheer have been added
to the project. It is recommended that A NEGATIVE DECLARATION BE PUPxRZD.
That the proposed project MAY have a significant effect on the environment,
and an ENVIRONMENTAL IMXACT REPORT is required.
Date
OhgLlr`ffian, Enirontzentai Review Cc�.,jtee
NI j:A I'IV D FC I.A QA I I I W.
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!;k
This is to cert I ry that t the above tie Eat ive Declaration was filed
In the orrice of' the City Clerk cr the City or Cupertino on May
22, 1984.
Deputy City Clerk