HomeMy WebLinkAboutHermosa Avenue 88-12 Annexation ANNEXATION HERMOSA AVENUE 88-12
1989
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CERTIFICATE_ OF COMPLETION
I . Sally C . Logothetti , the Assistsnt 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
organi tat ion/iC attached hereto and have found this docu-
ment to be in compliance with Section 56626 of the Government Code
aat}.orizing cities within the Count: 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 borzdaries of the change of organization
Is appended hereto .
The title of this proceeding is : HERMOSA AVENUE 88-12 (uninhabited ) .
The change of organization was -rdered subject to the following terms
and conditions :
None.
The date of adoption of the City resolution :,rdering the change of
organization/ is February 21., 1989
Dated April A, 1989
A ist nt Exrd6tive 0 ices
Santa Clara County
Local Agency Formation Commission
Att : City Resolution ,
Map
Legal Description
An Esual opportunity Employer
Co' unty of Santa Clard C,O LTA\,
"41w)epartment of Planning and Development
office of the 0AHMN'Surveyor
Couiltv GovtIrnment Ccriter.i--.asi wing
7() ic(l(ling sireel
.111toln1w)5!I
kt
January 4,1989
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 HERMOSA AVENUE. 88-12 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
by WZ 2;&�
M. D. Marcott, Deputy
Attachment
cc: LAFCO Executive Officer (w/attachment)
Lavenia MilHar, City Engineering
Board of Supervisors:Lua it 1110[1 hls I I.I iodl llrld„[I D1.111m,\h Krems
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GUPER-Tit`0 CITY L IMITS BY
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HERMOSA AVENUE 88-12
(Brinkoetter)
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A PORTION OF LOT 55 AS SHOWN ON THAT CERTAIN MAP ENTITLED,
"MAP OF SUBDIVISION "A" MONTA VISTA", RECORDED IN VOLUME P OF MAPS,
PAGE 20, SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 55, THENCE SOUTH 50.00
FEET TO THE TRU'.: POINT OF BEGINNING, SAID POINT ALSO BEING ON THE
WESTERLY BOUNDARY OF THAT CERTAIN PARCEL OF LAND ANNEXED TO THE CITY
OF CUPERTINO ENTITLED, "HERMOSA AVENUE 87-05";
THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 148.42 FEET ALONG THE
WESTERLY BOUNDARY OF SAID ANNEXATION "HERMOSA AVENUE 87-05" TO A
POINT ON THE NORTHERLY SIDELINE OF HERMOSA AVENUE, SAID POINT ALSO
BEING ON THE NORTHERLY BOUNDARY OF THAT CERTAIN PARCEL. OF LAND
ANNEXED TO THE CITY OF CUPERTINO ENTITLED "HERMOSA AVENUE 71-12"9
THENCE WEST 50.00 FEET ALONG THE NORTHERLY BOUNDARY OF SAID ANNEXATION
"HERMOSA AVE. 71-1211;
THENCE NORTH 148.42 FEET ALONG THE EASTERLY BOUNDARY OF SAID ANNEXATION
"HERMOSA AVE. 71-1201;
THENCE EAST 50.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING: 0.17 ACRES MORE OR LESS
A.P.N. : 357-16-38
HERMOSA AVENUE 88-12
(Brinkoetter)
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A PORTION OF LOT 55 AS SHOWN ON THAT CERTAIN MAP ENTITLED,
"MAP OF SUBDIVISION "A" MONTA VISTA;", RECORDED IN VOLUME P OF MAPS,
PAGE 20, SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 55, THENCE SOUTH 50.00
FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE
WESTERLY BOUNDARY OF THAT CERTAIN P.:niLL OF LAND ANNEn--?► TO THE CITY
OF CUPERTINO ENTITLED, 01HERMOSA AVENUE 87-05";
THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 148.42 FEET ALC'NG THE
WESTERLY BOUNDARY OF SAID ANNEXATION "HERMOSA AVENUE 87-051, TO A
POINT ON THE NORTHERLY SIDELINE OF HERMOSA AVENUE, SAID POINT ALSO
BEING ON THE NORTHERLY BOUNDARY OF THAT CERTAIN PARCEL OF LAND
ANNEXED TO THE CITY OF CUPERTINO ENTITLED "HERMOSA AVENUE 71-12";
THENCE WEST 50.00 FEET ALONG THE NORTHERLY BOUNDARY OF SAID ANNEXATION
"HERMOSA AVE. 71-1211;
THENCE NORTH 148.42 FEET ALONG THE EASTERLY BOUNDARY OF SAID ANNEXATION
"HERMOSA AVE. 71-1211;
THENCE EAST 50.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING: 0.17 ACRES MORE OR LESS
A.P.N. : 357-16-38
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A.P.W. 'Y571-16- 35 CITY OF
DEGE.MbEF;:�FB
Santa Clara County Local Agency Formation Commission Ph. : (408) 299-4321
County Government Center - 10th Floor, East Wing
70 West Hedding Street PUBLIC Wok s
San Jose. CA 95110
PETITION DEC 1 1988
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, Corte 'e-Knox
Local Government Reorganization Act of 1985) .
2. The proposed change of organization or reorganization is designated as :
HERMOSA AVENUE 88-12
and consists of :
consolidation of special districts
formation of new special district
— incorporation -
X annexation to THE CITY OF CUPERTINO
_ detachment from (name City/District)
of 0.17_ (number of) acres on the N (n/s/e/w)
side of HERMOSA AVENUE (Street/Avenue)
between BYRNE AVENUE (Street/Avenue)
and ORANGE AVENUE (Street/Avenue) ;
and (if applicable) _ 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 mcre registered voters) x uninhabited .
5. This proposal X 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 PROCURE CITY SERVICES FOR FUTURE DEVELOPMENT
7 . It is desired that proposed change of organization or reorganization
be made subject to the following terms and conditions :
N/A
8 . The person(s) signing this petition has/have signed as (check one) :
owner (s) of land within the affected territory.
.� registered voter(s) within the affected territory.
9 . The undersigned proponent(s) do own 100% of the territory pro-
do not posed for change of organiza-
tion or reorganization.
I
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:
N/A
11. If an incorporation is included in the proposal, provisions are r :-
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 signature(s) as follows:
CHIEF PETITIONERS
(not to exceed three)
Signatures
of Petitioners
(Please print Assessor ' s Election
name below Street Address Parcel ar Precinct
Date signature. ) City/State/Zip c� �7No. * No. **
h 063 a l�l"IthJ c eG' c�I�'�1 ��65�. .�G�
Pho a
74
re.� 13 r fer' I I Stu e, 3 _S'f- /(� - 6:3
Rso
Phon :
Phone:
* - For proposals involving uninhabited territory or for landowner-
initiated proposals.
** For proposals involving inhabited territory or for resident-voter
initiated proposals.
Rev. 1/1/86
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 copies , 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: HERMOSA AVENUE 88-12
Annexation )
Bateau x t o/16=m THE CITY OF CUPERTINO
Rsxmqanim"-i=x) (C i ty)
ENVIRONMENTAL STATUS OF PROPOSAL
X THE CITY OF CUPERTINO , as Lead Agency for environmental review
(Name of Cityhftn at )
of the project, has already PREZONED
(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 Cal .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 stiff 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 0.17± AC.
2 . Number of inhabitants 0
3 . Number of registered voters 0
4 . Number of dwelling units 1
5 . a . What is the present use of the area (be brief, but specific) :
SINGLE FAMILY HOLJSE
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 Wednesday of the following month.
6. 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) :
R-1 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.
SINGLE FAMILY DWELLING - 1989
8 . 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
justifications LAFCO' s approving the boundary change as proposed:
9 . De the boundaries of any proposed ci_t:- znnexation 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. )
h . 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/ c i�M in
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 X
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
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 .
Su0nI . Anol . - 2
0
13 . List all cities, special 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 Distr. Cupertino Sanitary Distr.
Fremont High School Distr. _Mid Peninsula Open Space Distr.
Foothill Community College Distr.
For changes in organization of Districts, list all cities within 3
miles of thA subject territory:
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 annexationhftt enzft9=,,-
4amA>=tixxx 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.
AssesseA
Signature Street Address/ Parcel Value of
Date (Print name below) City/State/Zip Tel .No . No. Land
Situs (408) A.P.N.
SEE PETITION 21861 Hermosa Ave. 253-1109 357-16-38 $113,403
( 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 CITYM00KT'ZRT CLERK (Required for 100% Consent Proposal)
I CERTIFY that I have checked the number of owners of property located
within the an;iexation/xk&taxahmeent*l�Ramxx ima&ism proposed by this applica-
tion and that. the -a&_-- (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/31MMMM waives the
requirement for written notice and gives consent for the Commission to
make determine ions on this proposal without ice or hea ng.
Date : G00
Cit y, t Cterk
(Seal)
city 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. Hearing 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 b attach. )
c . FOR NOT-100%-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/State/Zip 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 Bearing (in addition to the
Clerk/Administrator of each affected city or district):
Street Address
Name City/State/'Zip
( 1 )
(Z)
(3)
17 . I 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 :0300 TORRE AVENUE
(Print name of person complet- CUPERTINO, Ct'_ 95014
ing this application) (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 applicants 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
CiLy 111 C11111 r1 Sn'1
May 21 l934
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This is t^ certify that the above Negative Declaration Wae tiled
In the oft'lce or the City Clerk or the City of Cupertino on May
22, 1984.
eputy City Clerk
Initial Study
City of Cupertino
Environmental Assessment Procedures
E. A. File Numbers) 4-FA-86
Application File Number(s) I-Z-184
Date February 27 , 1984
The California Environmental Quality Act of 1970, as amended, requires public
agencies to evaluate public and private projects to determine their potene-lal
impact on the environment.
This worksheet is intended to provide guidance for both you, the applicant, and
City officials in as._---sing a proposed project to determine whether it may or
may not have a significant impact on the environment.
If, based upon the information provided below, the City makes a determination that
your project may have a significant impact on the em ironment, you will be required
to prepare an Environmental Impact Report as provided by State law and the City
of Cupertino 's Environmental Assassment requirements.
Detailed information regarding the -environmental assessment procedure is avail-
able from the Director of Planning and Development.
Part I
Information to be completed by the Applicant
Project Type (11re)Zoning I_'` t Tentative Map Other
Use Permit ' Variance
OW ont;t VisLa rc;t y;r•nur;rl ly h0111100C by ranac U Avenue 1 o Elie_nnrL-, Imper i;i I
Location Avenue to the east, McClellan Road to the se th and Iry the wester 1v lroundar�. of
the 13 1, c : x!rry ';trin U n I . COurr;o .0 L 1ic wes
Applicant (:i.ty of Cul)ert .inn
Address of Applicant 10300 'I'nrri• Avenue, Cullerl ino, CA 95014 Phone (408) 252-4505
General Description of Project Prezonc ;End roznrrt• 1 hr, ;ionvo ;rreas to torn big
districts consistent With tllo Crnc•r;rl _Tall. T1142. lrrnj t lit cnntrrin�; ;it,l,r,.xlnr;tt1'1Y
97 acres.
Rev.7/8/90
-1-
Deszription of Pro ect (cont 'd . )
Specific Details of the Proiect
1. Size of Site NIA
2. Intensity of Development
(a) If residential:
(1) Number of units per gross acre
(2) Residential Unit Sch-4ule :
Owner- No. of Size Estimated Total
Rental ship Bedrooms Sq. ft. Sales Price , Number
Unit type #1
Unit type #2
Unit type #3
Unit type #4
Unit type #5
TO T 1L J
(3) Percentage in area 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
-2-
Ques_ions Related to Potential Imnact of Proiect
A. Social/Cultural Impacts : Yes Havbe No
(1) Will the proposed projec,_ result in the dis-
placement of peopl—) X
(2) Vill the project alter the employment base
of the community? X
(3) Will the project alter the housing needs
of the community? X
(4) Does the proposed project affect s hiscoricai
or archaelogical site? Y X (Note Ij
B. Physical Impacts:
(1) Will the project result in a change of a natural
body of water, vegetative cover, or lard form? X
(2) Will the project result in a change in a scenic
view or vista from existing residential area
or public lands or roads? X
(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 in the vicinity? X
(5) Will the project result in a change in stream
or ground water quality or quantity or altera-
tion of existing drainage patterns? X
(6) Will the project substantially change existing
noise or vibration levels in the vicinity? X
(7) Is the project site on filled land or on
slope of 1OX or greater? X
(8) Does the project involve the use or disposal
of potentially hazardous materials such as
toxic substances, flammable or explosive? X
(9) Is the project a phase of an existing or
future larger project or series of projects? X
-3-
Description or the Environmental Settinz
Provide the following information on a separate attachment:
(1) Describe the project site as it exists before the project,
ncluding information on topography, soil stability, plants
and animals, and a_ty cultural , historical or scenic aspects.
Describe any existing structures on the site, and the use >-
structures. A plot plan may be required for the descripti .:
(2) Describe the surrounding properties, including information on
plants and animals and any cultural, historical or scenic
aspects. Indicate the type of land use (residential, commer-
cial, etc. ) , intensity of land use (one-family, apartment
houses, shops, department stores, etc. ) , and scale of devel-
opment (height, frontage, set-back, rear yard, etc. ) .
CERTIFICATION: I hereby certify that the statements furnished
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 knowledge and
belief.
Date `
(Signature)
For Ci t-� �/ �`'IF L(JPrfltio
(1 ) I'l,e project. r;iLe is rounl,risod of i ling, urb::,n clovit<,I,m,nC inclu_fin,: r�
acre• „oIf course and picnic g,rouncl roc•roatic,n c•omh.lex . The (1r,CLro arc:,
I,n-; s,cnor::l hi_;toric vr,luo. A row -;Crncturo-; esly have },,reaLcr histuri.r, l
vnluo r:,to oil Lit io>;. The r, , ronI inn COMP Iox is I,n ;it ocl in Llu
i(1t)—vc:s cv, nl flood p1:111 For SLevon!; Crook.
(2) The I,rc,jec•t :,rea i.5 .)0rd,,rod by Clio Old h:onLa Vista C0e1111er('i:!l I)ia;trict
to Lho iot-Lli, by tl:c WOSC Valley lndlISLrial l':irlc to Ll,e oa:;r and hV
residt"It-kil neitil,hurlu,ncl-; Co Clio s„ut:h and west .
-4-
Part I I
Information to be completed by City Officials.
A. Primary General Plan Considerations: Yes Mz,.be iu
(1) Is the project in violation of the City of
Cupertino's adopted General Plan?
(2) Will the project burden public utilities and
services?
(a) Fire and police services X
(b) Parks and recreation system X
(c) Schools X
(d) Water system X
(e) Sewer system X
(f) Storm system X
(g) Solid waste X
(3) Is the project side outside of the Urban Ser-
vice Area of the City as defined by Santa
Clara County Local Agency Formation Commission? X
B. Social/Cultural Impacts:
(1) Will the proposed project result in the dis-
placement of people? X
(2) Will the project alter the employment base
of the community? �s X
(3) Will the project alter the housing needs
of the community? X
(4) Does the proposed project affect a histori-
cal or archaelogical site? X
(S) Will the proposed project eliminate an
existing recreational use at the project site? X
(6) Does the proposed project decrease public
access to any public body of water or recrea-
tional area? X
(7) Will the proposed project alter the location,
distribution, density or growth rate of the
human population of an area? X
-5-
(h) Will the project result in: Yes tInyht. No
(a) The disr,rbance of a natural or man-made
`eature in the project area which is unique? X
(b) The obstruction of a scenic vista open to
the public? _ X
C. Physical Impacts :
(1) Will the proposed project result in the exposure
or people or property to geologic hazards such
as earthquakes, landslides, mudslides, ground
failure or s:.mi1rr hazards? X
(?) Will the proposed project result in:
(a) Unstable earth conditions or changes in
geologic substructures?
(b) Disruptions, displacements, compaction or
overcovering of the soil? X
(c) Change in topography or ground surface
relief features? X
(d) The destruction, covering or modifica-
tion of any unique geologic or physical
feature? X
(e) Any increase in wind or water erosion of
soil, either on or off the site? X
(3) Will the proposed project result in:
(a) Substantial air emissions or deterioration
of ambient air quality? X
(b) The creation of objectionable odors? X
(c) Alteration of air movement, moisture
or temperature, or any change in climate,
either locally or regionally? X
(4) Will the proposed project result in:
(a) Changes 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? X
(c) Discharge into surface waters, or
in any alteration of surface water quality,
including but not limited to temperature,
dissolved oxygen or turbidity? X
-6-
'i e s Ala ,b e :+O
(d) alteration of the direction or rate of flow
of ground water? X
(e) Change in the quantity of ground wacers,
either through direct additions or with-
drawals , or through interception of an
aquifer by cuts or excavation' X
(f) Substanciai reduction in the amount of
water otherwise available for public water
supplies? X
(g) Exposure of people or property to water-
related hazards such as flooding or tidal
wave. X
(j) Will the proposed project result in:
(a) Change in the diversity of species, or number
of any species of plants (including trees,
shrubs , grass, crops , and aquatic plants? X
(b) Reduction of the numbers of any unique,
rare or endangered species of plants? X
(c) Introduction of new species of plants into
an area, or in a barrier to the normal
replenishment of existing species? X
(d) reduction in acreage of any agricultural
X
crop?
(e) Change in the diversity of species, or
numbers of any species of animals (birds,
land animals including reptiles, fish and
shellfish, benthic organisms or insects)? X
(f) Feduction'of the numbers of any unique,
rare or endangered species of animals? X
(g) Introduction of new species of animals
into an area, or result is a barrier to
the migration or movement of animals? X
(h) Deterioration to existing fish or wildlife
habitat? X
(6) Will the proposed project result in:
(a) Increase in existing noise levels? X
(b) Exposure of people to severe noise levels? X
(7) Does the proposed project significantly affect
the potential use extraction or conservation of
a scarce ctatural resource such as agricultural
land, a mineral deposit, or woodland? X
T es :13`-'bA No
(3) hill the proposed project involve the use,
storag , or dispos:Si of hazardous materials?
(9) Will the proposed project result in:
(a) Use of substantial amounts of fuel or
energy?
(b) Substantial increase in demand upon existing
sources of energy, or require the development
of nea sources of energy?
(10) Will the proposed result in:
(a) Generation of substantial additional vehicular
movement?
(b) Effects on existing parking facilities, or
demand for new parking? y
(c) Substantial impact upon existing transporta-
tion systems?
(d) Alterations to present patterns of circula-
tion or movement of people and/or goods?
(e) Alterations to waterborne, rail or air
traffic?
(f) Increase in traffic hazards to motor vehicles,
bicyclists or pedestrians?
(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 drop below self-sustaining levels, threaten
to eliminate a plant or animal community,
reduce the number or restrict the range of a
rare or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory? X
(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-term impacts will
endure into the future.)
-g_
Yes `lavbe NO
(c) Does the project have impacts which are
individually limited, but cumulatively con-
siderable? (A project may impact on two or
more separate resources where the impact on
each resource is relatively small, but where
the effect of the total of those impacts
on the environment is significant. ) X
(d) Does the project have environmental effects
which will cause substantial adverse
effects on human beings, either directly or
indirectly? x
Discussion of Environmental Evaluation
(Note: Use additional shuts if necessary. )
Determination:
On the basis of this initial evaluation, the Environmental Review Committee finds:
I That the proposed project COULD NOT have a significant effect on the environ-
ment, and therefore recommends the GRANTING OF A NEGATIVE DECLARATION.
n That, although the proposed project could have a significant effect on the
�._ environment, there will not be a significant ef.iect in this case because
of the mitigation measures described on an attached sheet have been added
to the project. It is recommended that A NEGATIVE DECLARATION BE PREPARED.
That the proposed project MAY have a significant effect on the environment,
and an ENVIRONMENTAL IMPACT REPORT is required.
Date � �_, ,.
01�an, Environmental Review Committee
For
-9-
A M E /t 7 PUBLIC y�...►�S
Form No.1004 11 017 3)
California Land Title Association
Standard Coverage Policy Form DEC �g88
Copyright 1973
rN\ i7 lV - a_
POLICY OF TITLE INSURANCE
ISSUED BY
First American "Title Insurance C®l,lpany
SUBJECT TO SCHEDULE B ANC;THE CONDITIONS AND STIPULATIONS HEREOF,FIRST AMERICAN TITLE
INSURANCE COMPANY,a California 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,r:r.:wsts,
attorneys'fees and expenses which the Company may become obligated to pay hereunder,sustained or incurred bj said
insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein:
2. Any oefect in or lien or encumbrance on such title;
3. Unmarketabiiity 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 n:interest except to the extent that
such 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, First American Title In.,-anoe Company has caused this policy to be signed and sealed by its
duly authorized officers as of Date of Policy shown in Schedule A.
a
�:ae;,t\1►.E'i4sp99`�ty/
Fir,.•o�'P B'�'•., �, ,P st American Title Insurance Company
SEPTEMBER 24, b By -!�G
,)"fill
PRESIDENT
CA
It a •....•' jr1i, G+q(!F O k�\p ATTEST Nl4ld-o►... C. ,��, SECRETARY
B1 1282635
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS (iii) the amount paid by any governmental interest or the lien of the insured mortgage, as in,
The follov�;ng terms when used in this policy agency or instrumentality,if such agency or instru- cared, including bur not limited to executing cor-
mean: mentality is the insured claimant, in acquisition of rective or other documents.
such estate or interest in satisfaction of its insur-
la) "insured": the insured named in Schedule ance contract or guaranty. 4. PROOF OF LOSS OR DAMAGE —
A, and, subject to any rights or defenses the Corn- LIMITATION OF ACTION
Party may have had against the named insured, Ib! CONTINUATION OF INSURANCE
those who succeed to the interest of such insured AFTER CONVEYANCE OF TITLE In addition to the notices required under Para
by operation of law as distinguished from purchase The coverage of this policy shall continue in graph 3 Ibl of these Conditions and Stipulations,a
including,but not limited to,heirs,distributees,de- force as of Date of Poficy,in favor of an insured so proof of loss or damage,signed and sworn to by the
visees, survivors, personal representatives, next of long as such insured retains an estate or interest in insured claimant shall be furnished to the Carol-
kin, or corporate or fiduciary successors The term the land,or owns an indebtedness secured by a pur- pony within 90 days after the insured claimant
"insured" also includes 61 the owner of the indebt- chase money mortgage given by a purchaser from shall ascertain or determine the facts giving rise to
edness secured by the insured moo tgage and each such insured, or so long as such insured shall have such loss or damage. Such proof of loss or damage
successor in ownership of such indebtedness (re liability Dy reason of covenants of warranty made shall describe the defect in,or lien or encumbrance
serving, however, all rights and defenses as to any by such insured in any transfer or conveyance of on the title, or other matter insured ey�,inst by this
such successor who acquires the indebtedness oy such estate or interest; provided, however, this policy which constitutes the basis of loss ;x dam-
operation of law as described in the first sentence policy shall not continue in force in favor of any age• and, when appropriate, state the basis of
of this subparagraph (a) that the Company would purchaser from such insured of either said estate or calculating the amount of such toss or damage.
have had against the successors transferor►, and interest or the indebtedness secured by a purchase Should such proof of loss or damage fail to
further includes (ii) any governmental agency or money mortgage given to such insured, state facts sufficient to enable the Company to
instrumentality which is an insurer or guarantor determine its liability hereunder, insured claimant,
under an insurance contract or guaranty insuring or 3. DEFENSE AND PROSECUTION OF at the written request of Company, shall furnish
guaranteeing said indebtedness,or any part thereof. ACTIONS— NOTICE OF CLAIM TO BE such additional information as may reasonably be
whether named as an insured herein or not, and GIVEN BY AN INSURED CLAIMANT necessary to make such determination.
(iii) the parties designated in paragraph 2 (a) of (a) The Company,at its own cost and without
these Conditions and Stipulations No right of action shall accrue to insured
undue delay, shall provide for the defense of an claimant until 30 days after such proof of loss or
(b) "insured claimant": an insured claiming insured in litigation to the extent that such liti- damage shall have been furnished.
loss or damage hereunder. gction involves an alleged defect, lien, encum-
brance or other matter insured against by this Failure to furnish such proof of loss or damage
Ic1 "insured lender the owner of an insured policy shall terminate any liabil;ty of the Company under
mortgage. this policy as to such loss or damage.
(d) "insured mortgage a mortg.-je shown in (b) The insured shall notify the Company
Schedule 8, the owner of which is named as an in- promptly in writing(i) in case of any litigation as 5. OPTIONS TO PAY OR OTHERWISE SETTLE
cared in Schedule A. set forth in la) above, (ii) in case knowledge shall CLAIMS AND OPTIONS TO PURCHASE IN—
come to an insured hereunder of any claim of title DEBTEDNESS
let "knowledge": actual knowledge, not con- or interest which is adverse to the title to the estate The Company shall have the option to pay or
structive knowledge or notice which may be im- or interest or the lien of the insured mortgage, as
puted to an insured by reason of any public records insured, and which might cause loss or damage for claimant
settle for or in d a name of an insured
which the Company may be liable by virtue of this claimant any claim insured against, or to termy
4t1 "land": the land described,specifically or Hate all liability and obligations of the Company
by reference in Schedule C,and improvements af- policy,or(iii) it title to the estate or interest or the hereunder by paying or tendering payment of the
fixed thereto which by law constitute real rt ro lien of the insured mortgage,as insured,is rejected
p as unmarketable. If such prompt notice shall not Fount of insurance under this policy together
provided, however, the term "land" does notof in
- be given to the Company, then as to such insured with any costs, attorneys' fees and expenses in-
clude any area excludeu by Paragraph No. 6 of all liability of the Company shall cease and scaredermi- cuffed up to the time of such payment or tender
Part I of Schedule 8 of this Policy. nate in regard to the matter or matters for which of
payment by the insured claimant and authorized
b
(g) "mortgage": mortgage, deed of trust, such prompt notice is required;provided,however, by the Company. In case loss or damage is claimed
under this policy by the owner
trust deed, or other security instrument. that failure to notify shall in no case prejudice the
secured by the insured mortgage,,the the indebtedness
he Company shall
(h) "public records": those records which by rights of any such insured under this policy unless have the further option to purchase such indebted-
law impart constructive notice of matters relating the Company shall be prejudiced by such failure ness for the amount owing thereon together with
to the land. and then only to the extent of such prejudice. all costs, attorneys' tees and expenses which the
2. (a) CONTINUATION OF INSURANCE (c) The Company shall have the right at its Company is obligated hereunder pay. if the
in
own cost to institute and without undue delay Company offers to purchase said indebtedness as
AFTER ACQUISITION OF TITLE BY prosecute any action or proceeding or to do any herein provided, the owner of such indebtedness
INSURED LENDER other act which in its opinion may be necessary or shall transfer and assign said indebtedness and the
If this policy insures the owner of the indebt- desirable to establish the title to the estate or inter- mortgage and any collateral securing the same to
edness secured by the insured mortgage,this policy est or the lien of the insured mortgage,as insured; the Company upon payment therefor as herein
shall continue in force as of Date of Policy in favor and the Company may take any appropriate action, provided. Upon such offer being made by the
of such insured who acquires all or any part of the whether or not it shall be liable under the terms of Company, all liability and obligations of the Com-
estate or interest in the land described in Schedule this policy, and shall not thereby concede liability pany `:4reunder to the owner of the indebtedness
C by foreclosure, trustee's sale,conveyance in lieu or waive any provision of this policy. secured by said insured mortgage, other than the
of foreclosure, or other legal manner which dis- Id1 Whenever the Company shall have brought obligation to purchase said indebtedness pursuant
charges the lien of the insured mortgage,and if such y g to this paragraph,are terminated.
any action or interpowd o defense t of
insured is a corporation,its transferee of the estate s required
or interest so acquired, provided the transferee is permitted by the provisions of this policy, thhee
8. DETERMINATION AND PAYMENT OF LOSS
the parent or wholly owned subsidiary of such in- 'imparts may pursue any such litigation to final (a) The liability of the Company under this
cared;and in favor of any governmental agency or determination by a court of competent jurisdiction policy shall in no case exceed the least of:
instrumentality which acquires all or any part of the and expressly reserves the right, in its sole discre-
estate or interest pursuant to a contract of insur- tion,to appeal from any adverse judgment or order. (i) the actual loss of the insured claimant;
anca or rant insuring or guaranteeing the in- or
guaranty g 9 9 lei in all cases where this policy permits or re (ii) the amount of insurance stated in
debtedness secured by the insured mortgage. After quires the Company to prosecute or provide for Schedule A, or, if applicable, the amount of in,
any such acquisition the amount of insurance here- the defense of any action or proceeding, the if,, wrance as defined in paragraph 2 (al hereof: or
under, exclusive of costs, attorneys fees and ex- cared hereunder shall secure to the Company the
penses which the Company may be obligated to right to so prosecute or provide defense in such (iii) if this policy insures the owner of the
pay,shall not exceed the least of: action or proceeding, and all appeals therein, and indebtedness secured by the insured mortgage,and
G1 the amount o1 insurance stated in permit the Company to use,at its option,the name provided said owner a the insured claimant, the
of such insured for such purpose. Whenever re- amount of the unpaid principal of said indebted-
Schedule A; quested by the Company, such insured shall give ness, plus interest thereon, provided such am"unt
(it) the amount of the unpaid principal the Company,at the Company's expense,all reason- shall not include any additional principal indebte;e
of :he indebtedness plus interest thereon,as deter- able aid 11) in any such action or proceeding in ness created subsequent to Date of Policy, except
mined under paragraph 6 (a) (iii) hereof, expenses effecting settlement, securing evidence, obtaining as to&mounts advanced to protect the lien of the
of foreclosure and amounts advanced to Protect witnesses, or prosecuting or defending such action insured mortgage and secured thereby.
the hen of the insured mortgage and secured by or proceeding, and (21 in any other act which in (b) 'rho Company will pay, in addition to any
said insured mortgage at the tunhe of acquisition of the opinion of the Company may be necessary or loss inwr
such estate or interest H the land:0
....n �.� acuuu ....• ,.,�9,!--A st; cu thereuy.
said insured mart uy or proceeding, and (2) in any other act which in (b) The Company will
gage at the time of acquisition of the opinion of the Company P y Pay, m addition to any
such estate or interest in the la:d�or ,w,<;,�,,,� ., Par►Y may be necessary or loss insured against by this nolicv a �.,<..
✓SCHEDULE A
Total Fee for Title Search, Examination
and Title Insurance $ 852.50
Amount of insurance: S 205.000.00 Policy No. 455107
Date of Policy: November 16, 1987 at 8:00 a.m.
1. Name of Insured:
THOMAS R. BRINKOETTER AND KAREN A. BRINKOETTER
2. The estate or interest referred to herein is at Date of Policy vested in:
THOMAS R. BRINKOETTER AND KAREN A. BRINKOETTER
husbiad and 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
CLTA standard Covwraga Policy
CoPylighl—3974
SCHEDULE B
This policy 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 One:
f, 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 proceedings,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.
4. 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) 'Jnpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) water rights,claims or title to water.
6. Any right,title, interest, estate ar easement in land beyond the lines of the area specifically described or referred to
in Schedule C, 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
street or highway is insured by th;.s policy.
7. Any law,ordinance:or governmental regulation(including but not limited to building and zoning ordinances) restrict-
ing 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
reduction in the dimensions or area of the land,or the effect of any violation of any such law,ordinance or govern-
mental regulation.
B. 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 matters (a) created,suffered,assumed or agreed to by the in-
sured 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 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; (d) attaching or created subsequent to Date of Policy; or (e) 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.
Part Two:
SEE NEXT PAGE
SCHEDULE B. PART II
CONTINUED
1. Second installment of taxes for the fiscal year 1987-1988. First installment
paid. -
2. THE LIEN of supplemental taxes, it any, assessed pursuant to Chapter 3.5
commencing with Section 75 of the California Revenue and Taxation Code.
3. A Deed of Trust to secure an indebtedness in the amount shown below.
Amount . $105,000.00
Dated . October 30, 1987
Trustor : Thomas R. Brinkoetter and Karen A. Brinkoetter, husband
and wife
Trustee . D1rL Service Company, a California corporation
Beneficiary Downey Savings and Loan Association, a California corporation
Address . P.O. Box 6000, Costa Mesa, Ca 92626
Loan No. : 0-2025681-4
Recorded : November 16, 1987, Series No. 9504692, Official records
Form No. 1056-4
Alt Pelutl 6otrn.
SCHEDULE C
The land referred to in this policy is situated in the State of California, Unincorporated area
County of Santa Clara and is described as follows:
Portion of Lot 55, as shown upon that certain Map entitled, •Map of Subdivision
'A' Monta Vista`, which Map was filed for record in the Office of the Recorder
of the County of Santa Clara, State of California, on April 11, 1917 in Book P
of Maps, at Page 20, and more particularly described as follows:
Beginning at 3/40 iron pipe set at the point of intersection of the Northerly
line of Hermosa Avenue with the Easterly line of Lot 55, as said Avenue and Lot
are shown on the Map above referred to; running thence South 890 49' blest along
the said Northerly line of Hermosa Avenue 50.00 feet to a 3/4B iron pipe; thence
leaving said last named line and running North and parallel to said Easterly
line of Lot 55, a distance of 148.42 feet to a 3/40 iron pipe; running thence
North 890 49' East and parallel with the said Northerly line of Hermosa Avenue,
50.00 feet to a 3/40 iron pipe set on the said Easterly line of Lot 55; running
thence South along said named line, 148.42 feet to the point of beginning.
APN: 357-16-038
ENUORSEMENT
Attached to Policy No. 455107
Issued by
First American Title Insurance Company
i;
i�
I� The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional
monetary protection to the insured owner named in the policy,hereby modifies the policy,as follows:
1. Notwithstanding anything contained in the policy to the contrary,the amount of insurance provided by the policy,as
stated in Schedule A thereof,is subject to cumulative annual upward adjustments in the manner and to the extent
hereinafter specified.
2. "Adjustment date"is defined,for the purpose of this endorsement,to be 1 Vil am.on the first January 1 which occurs
more than six months af ter the date of policy,as shown in Schedule Aof the policy to which this endorsement is attached,
and on each succeeding January 1.
i
I
3. An upward adjustment will be made on each of the adjustment dates,as defined above,by increasing the maximum
amount of insurance provided by the policy.The coverage will increase by the same percentage change by which the
annual"ENR 20-cities Building Cost Index"has increased,(as publishes:in the"4th Ouarter Roundup"DecemDer issue
of Engineering News Record a weekly McGraw Hill publication).All upward adjustments in the aggregate shall not
exceed a 50%total rise in the amount of insurance,so that the maximum amount of insurance in force shall never exceed
150%of the amount of insurance stated in Schedule A of the policy,less the amount of any claim paid under the policy
which,under the terms of the conditions and stipulations,reduces the amount of insurance in force.There shall be no
annual adjustment in the amount of insurance for years in which there is no increase in the Building Cost Index.
4. In the settlement of any claim against the Company under the policy the amount of insurance in force shall be deemed to
be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible
assertion of the claim, or as of the date of receipt by the Company of the first notice of the claim,whichever shall
first occur.
Nothing herein contained shall be construed as extending or changing the effective date of the policy.
This endorsement is made a part of the policy and is subject to the schedt.tes,exclusions,conditions and stipulations therein.
except as modified by the provisions hereof.
01
First American T itle Insurance Company S t i'1 l!A 41. 1.N x
a
BY PRESIDENT lily ° , .....• •�� •
7Z4ASSISTANT SECRETARY 1/111�ti o.e.�`p9I
11. 47.114,11:
t/ First American F.A. 11.1 Inflation
(CLTA/ALTA Owners)
Allach4-d to Policy No. 455107
Issued by
First American Title Insurance Company
1. This Indorsement shall be effective only if at Date of Policy there is located on the land described in said Policy a
one-to-four family residential structure, in which the Insured Owner resides or intends to reside. For the purpose of this
Indorsement the term "residential structure" is defined as the principal dwelling structure located on said land together
with all improvements thereon related to residential use of the property except plantings of any nature, perimeter
fences and perimeter walls,and the term "Insured Owner"is defined as any insured named in paragraph 1 of Schedule A
and, subject to any rights or defenses the Company may have had under said Policy and all indorsements,such insured's
heirs,distributees,devisees,survivors,personal representatives or next of kin.
2. The Company hereby insures the Insured Owner of the estate or interest described in Schedule A against loss or damage
which the Insured Owner small sustain by reason of:
a. the existence at Date of Policy of any of the following matters:
(1) lack of a right of access from said land to a public street;
(2) any statutory lien for labor or materials attaching to said estate or interest arising out of any work of im-
provement on said land, in progress or completed at the date of the policy,except those liens arising out of
a work of improvement for which the insured has agreed to be responsible.
b. the removal of the residential structure or the interference with the use thereof for oc,unary residential purposes
as the result of a final Court Order or Judgment, based upon the existence at the Date of the Policy of:
(1) any encroachment of said residential structure or any part thereof onto adjoining lands,or onto any ease-
ment shown as an uxception in Part if of Schedule B of said Policy, or onto any unrecorded subsurface
easement;
(2) any violation on the land of enforceable covenants, conditions or restrictions, provided that this coverage
shall not refer to or include the terms, covenants and conditions contained in any lease, sub-lease, or
contract of sale referred to in this Policy;
(3) any violation of applicable zoning ordinances to th:;extent that such ordinances regulate (a) area,width or
depth of the land as a building site for the residential structure;(b)floor space area of the residential struc-
ture; (c) set back of the residential structure from the property lines of the land; or (d) height of the
residential structure.
C. damage to the residential structure resulting from the exercise of any right to use the surface of said land for the
extraction or development of the minerals excepted from the description of said land or shown as a reservation
in Schedule 8.
The total liability of the Company under said Policy and all indorsements attached thereto shall not exceed, in the aggregate,
the amount of said Policy and costs which the Company is obligated under the conditions and stipulations thereof to pay;and
nothing contained herein shall be construed as extending or changing the effective date of said Policy.
This Indorsement is made a part of said Policy and is subject to the schedules,conditions and stipulations therein,except as
modified by the provis ins hereof.
First American Title Insurance Company
BY PRESIDENT
�- Sri,i HIM P, ?'
BY
11 / c�(..If it yM \
1
SSISTANT SECRETARY 1t,, `�aj�I I};;U��� •
CLTA Form 126.1 (li•5-75)
One-Four Family
CLTA SPECIAL INDORSEMENT
Attached to Policy No. 455107
Issued By
FIRST AMERICAN TITLE INSURANCE COMPANY
Paragraphs S. 7 and 9 of Part 1 of Schedule 9 of said policy are hereby amended to
read as follows:
S. (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 or not the matters excepted under (a). (b). or
(^) are shown by the public records.
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, dimen
sloes 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 Policy. or the effect of any violation Of any such law.
ordlnancs or governmental regulation. whether or not shown by the public
records at Date of Policy.
9. Defects. liens. e:acumbrances. 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 claamant; (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 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; (d) attaching or
created subsequent to Date of Policy; or (e) 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.
The total liability of the Company under said policy and zny Indorsements therein
shall not exceed, in the aggregate, the face amount of said policy and costs which
the Company Is obligated under the conditions and stipull►tlons thereof to pay.
This Indorsement is made a part of said policy and Is subjen.t to the schedules. con-
ditlons and stipulations therein, except as modified by the provisions hereof.
IN WITNESS WHEREOF. the Company has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers.
FIRST AMERICAN TITLE INSURANCE COMPANY
By �C ASSISTANT SECRETARY
,.t.[�
• orrwa of courTr aassasoa - aarTa tuaa couwrr, CuiroArJA
. sooa
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OR QAMkGE (`►�ULtI::u �'�;...� ;:.:.�''[ Tr�r1'r., .. ..
k��d tiv^ow+w auwl a.s�)
the coowmny ra- r.rh ,nturrd, and all costs, or lb) a mortgage hereafter executed by an insured 11, LIABILITY LIMITED TO THIS POLICY
attc+rwv% fry Hid ..s,+nses ,n litigation earned which is a charge or lien on the estate or interest
on by such insured with the written authorization described or referred to in Schedule A, and the This instrument together with all enwnsee
of the Company. arnount so paid shall be deemed a payment under ments and other instruments,if any,attache(;»ere
in
accordance with the con-
of loss or damage has this policy. The Company shall have the option to to by the Company is the entire policy and con-
been definitely fixed a
ic! When the am apply to the payment of any such mortgage any tract between the insured and the Company.
ditions of this policy, the loss or damage shall be amount that otherwise would be payable hereunder Any claim of loss or damage, whether or not
payable within 30 days thereafter. to the insured owner of the estate or interest cov- based on negligence, and which arises out of the
ered by this policy and the amount so paid shall be status of the lien of the insured mortgage or of the
7. LIMITATION OF LIABILITY deemed a payment under this policy to said insured title to the estate or interest covered hereby, or
owner. any action asserting such claim,shall be restricted
No claim shall arise or be maintainable under The provisions of this paragraph 9 shall not to the provisions and conditions and stipulations of
this policy ia)if the Company,after having received apply to an owner of the indebtedness secured by this policy.
notice of an alleged defect,lien or encumbrance in- the insured mortgage,unless such insured acquires No amendment of or endorsement to this
cured against hereunder, by litigation or other- title to said estate or interest in satisfaction of said policy can he made except by writing endorsed
wise, removes such defect, lien or encumbrance or indebtedness or an
establishes the title,or the lien of the insured mort- y part thereof, hereon attached hereto signed by either the
President, a Vice President, the Secretary, an
gage, as insured, within a reasonable time after 10. SUBROGATION UPON PAYMENT OR Assistant Secretary, or validating officer or au thor-
receipt of such notice;(b)in the event of litigation SETTLEMENT izrd signatory of the Company.
until there has been a final determination by a
court of competent jurisdiction,and disposition of Whenever the Company shall have paid or No payment shall be made without producing
all appeals therefrom,adverse to the title or to the settled a claim under this policy,all right of sub- this policy for endorsement of such payment un-
lien of the insured mortgage, as insured, as pro- rogation shall vest in the Company unaffected by less the policy be lost or destroyed, in which case
vided in paragraph 3 hereof; or (c) for liability any act of the insured claimant, except that the proof of such loss or destruction shall be furnished
voluntarily admitted or assumed by an insured owner of the indebtedness secured by the insured to the satisfaction of the Company.
without prior written consent of the Company. mortgage may release or substitute the personal
liability of any debtor or guarantor, or extend or 12. NOTICES, WHERE SENT
B. REDUCTION OF INSURANCE; TERMINA— otherwise modify the terms of payment, or re- All notices required to be given the Company
TION OF LIABILITY lease a portion of the estate or interest from the and any statement in writing required to be fur-
lien of the insured mortgage, or release any nished the Company shall be addressed to it at its
All payments under this policy, except pay- collateral security for the indebtedness, provided home office at 421 North Main Street,Santa Ana,
.:ant made for costs, attorneys'fees and expenses, such act occurs prior to receipt by such insured California, 92701, or to the office which issued
shall reduce the amount of the insurance pro tanto; of notice of any claim of title or interest adverse this policy.
provided,however,if the owner of the indebtedness to the title to the estate or interest or the priority
secured by the insured mortgage is an insured here- of the lien of the insured mortgage and does not
under,then such payments,prior to the acquisition result in any loss of priority of the lien of the in-
of title to said estate or interest as provided in sured mortgage. The Company shall be subrogated
paragraph 2 (a) of these Conditions and Stipula- to and ba entitled to all rights and remedies which
tions,shall not reduce pro tanto the amount of the such insuv d claimant would have had against any
insurance afforded hereunder as to any such in- person or property in respect to such Clain had this
sured. except to the extent that such payments policy not been issued, and the Company is here
reduce the amount of the indebtedness secured by authorized and empowered to sue,compromise
by such mortgage. or settle in its name or in the name of the insured
to the full extent of the loss sustained by the Com-
Payment in full by any person or voluntary pany. If requested by the Company, the insured
satisfaction or release of the insured mortgage shall shall execute any and all documents to evidence
terminate all liability of the Company to an insured the within subrogation. It the payment does not
owner of the indebtedness secured by the insured cover the loss of such insured claimant, the Com-
mortgage, except as provided in paragraph 2 (a) pang shall be subrogated to such rights and reme-
hereof, dies in the proportion which said payment bears to
9. LIABILITY NONCUMULATIVE the amount of said loss,but such subrogation shall
be in subordination to an insured mortgage. If loss
It is expressly understood that the amount of should result from any act of such insured claimant,
insurance under this policy,as to the insured owner such act shall not void this policy, but the Com-
of the estate or interest ca•ered by this policy,shall P-.ny, in that event, shalt as to such insured
be reduced by any amount the Company may pay claimant be required to pay only that part of any
under any policy insuring (a) a mortgage shown or losses insured against hereunder which shall exceed
referred to in Schedule B hereof which is a lien the amount, if any,lost to the Company by reason
on the estate or interest covered by this policy, of the impairment of the right of subrogation.