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89,282 Dolores Avenue 88-13 (Funk) 89,282 DOLORES AVE 88-13 FDNR • • CITY OF CUPERTIN • PXcMPT • No. 4 9 • DATE19 RECEIVED �? • FROM , h I.1 ..� • ADDRESS r jJB CASH CHECK( I MONEY • ORDER S WLUR CEN 1 • A �Q • 70 • RE Y CEIVED A ` $ I • B I yµ� CVCwv BVSKNESS SVAFMS SbNry nICG>1We I , M 40 RESOLUTION NO. 7770 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUpERTLN0 MAKING DETERMINATIONS AND APPROVITIG THE ANNExATION OF TERRTIORY DESIGNATED "DOLORES AVENUE 88-13", APPROMIATELY 0.60 ACRE U)cATEn ON THE SCLTM SIDE OF DOLORES AVENUE BETWEEN BYRNE AVENUE AND ORANGE AVENUE, RHODA FUNK (APN 357-14-016) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.60 acre on the south side of Dolores Avenue between Byrne Avenue and Orange Avenue (APN 357-14-016) has been filed with the City of Cupertino; and WHEREAS, on February 21, 1989, the City Council adopted Resolution No. 7736 initiating proceedings for annexation of the area designated "Dolores Avenue 88-13"; and WHEREAS, said territory is uninhabited and all owners of land included in the Proposal consent to this annexation; and WHEREAS, Section 35150.5 of the California Government Code states that the Local Agency Formation Cormission shall not have any authority to review an annexation to any City in Santa Clara County of unincorporated territory which is within the urban service area of the city of the annexation if initiated by resolution of the legislative body and therefore the City council of the City of Cupertino is now the conducting authority for said annexation; and WHEREAS, Government Code Section 56837 provides that if a petition for annexation is signed by all owners of land within the affected territory the City Council may approve or disapprove the annexation without public hearing; and WHEREAS, evidence was presented to the City Council; NOW, THEMCIE, BE IT RESOLVED by the City Council of the City of Cupertino as follows: 1. That it is the conducting authority pursuant to Section 35150.5 of the Government Code for the annexation of property designated "Dolores Avenue 88-13," more particularly described in Exhibit "A"; -1- O�� RESO=CN NO. 7770 2. That the following findings are made by the City Council of the City of Cupertino: a. That said territory is uninhabited and cceprises approximately 0.60 acre. b. That the annexation is consistent with the orderly annexation of territory with the City's urban service area and is consistent with the City policy annexing when providing City services. C. The City Council has completed an initial study and has found that the annexation of said territory has no significant impact on the environment, and previously approved the granting of a Negative Declaration. d. The City Council on June 4, 1984, enacted an ordinance prezoninng the subject territory to City of Cupertino R1-7.5 zone. e. Annexation to the City of Cupertino will affect no changes in special districts. f. That the territory is within the City urban service area as adopted by the Local Agency Formation Cession. g. That the annexation is made subject to no terms and conditions. h. That the County Surveyor has determined the boundaries of the proposed annexation to be definite and certain, and in compliance with the Commission's road annexation policies. The City shall reimburse the County for actual costs incurred by the County Surveyor in making this determination. i. That the proposed annexation does not create islands or areas in which it would be difficult to provide municipal services. j. That the proposed annexation does not split line of assessment of ownership. k. That the proposed annexation is consistent with the City's General Plan. 1. That the City has complied with all amditions inposed by the commission for inclusion of the territory in the City's urban service area. -2- 49 40 RESO=ON NO. 7770 M. That the territory to be annexed is contiguous to existing City limits under provisions of the Government Code. 3. That said annexation is hereby ordered without election pursuant to Section 35151 et seg. of the Government Code. 4. That the Clerk of the City Council of the City of Cupertino is directed to give notice of said annexation as prescribed by law. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of March 1989, by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Koppel, Plungy NOES: None ABSENT: Rogers ABSTAIN: None ATTEST: APPROVED: Js/ Dorothy Cornelius /s/ John J. Plungy, Jr. City Clerk Mayor, City of Cupertino -3- DOLORES AVENUE 88-13 (FUNK) ALL that certain real property situate in the County of Santa Clara State of California, more particularly described as follows: All of Lot 154 and a portion of Dolores Avenue as shown upon the Nap of Subdivision "A" Nonta Vista, which Nap was filed for record in the Office of the Recorder of the County of Santa Clara in Volume "P" of Naps, Page 20, more particularly described as follows: Beginning at the Southwest corner of Lot 154 as shown on said subdivision: Thence from said point of beginning North 130.82 feet along the westerly boundary of said Lot 154 and it's Northerly prolongation to a point on the Northerly sideline of Dolores Avenue said point also being on the Easterly boundary of that certain proposed annexation to the City of Cupertino entitled 'Byrne Avenue 88-11". Thence East 400.60 feet along the Northerly sideline of Dolores Avenue to a point on the Westerly boundary of that certain Annexation to the City of Cupertino entitled "Dolores Avenue 82-02": Thence South 40.00 feet along the Westerly boundary of said annexation "Dolores Avenue 82-02" to a point on the Southerly sideline of Dolores Avenue: Thence West 200.30 feet along the Southerly sideline of Dolores Avenue: Thence South 10.00 feet: Thence West 100.15 feet along the Southerly sideline of Dolores Avenue: Thence South 80.82 feet to the southeast corner of said Lot 154. Thence West 100.15 feet along the Southerly boundary of said Lot 154 to the Point of Beginning. Containing: 0.60 Acres more or less A.P.N. 357-14-16 REVISED 1-13-89 u Z . � r , a mQ W ALGA R z v a o DOLORES O W SITE W McCLELLAN Rp. (LT GCALE ; i"zI00' LOLATION MAP ' J� SCALE: I" + 1000. J Y _l, � r J U A" �o�TA v�SSA i 2 a — — —� Mr— w � W P(\O POSED EA 2-, i7y "TCUPERTIND 61W L.IMI'rs r3Y 400• o DT I S4 j V4 SST00 J f �UUTH W ; o o O.ro0tA(,.o 0 SOUTi l 10.00' 7 � loo.is t Po. a Wt rZEV ) S D PROPOSED ANNEXATION TO THE CITY OF CUPERTINO ENTITLED DOLORE`� AVENUE DECEKAgEFR , 1988 A�PN. 35'I- 14 - !l0 0 a (D 70 DOLORES AVENUE 88-13 ' I ��� (FUNK) I ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SANTA CLARA, STATE OF CLAIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF LOT 154 AND A PORTION OF DOLORES AVENUE AS SHOWN UPON THE MAP OF SUBDIVISION "A" MONTA VISTA, WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA IN VOLUME "P" OF MAPS, PAGE 20, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 154 AS SHOWN ON SAID SUBDIVISION: THENCE FROM SAID POINT OF BEGINNING NORTH 130.82 FEET ALONG THE WESTERLY BOUNDARY OF SAID LOT 154 AND ITS NORTHERLY PROLONGATION TO A POINT ON THE NORTHERLY SIDELINE OF DOLORES AVENUE; SAID POINT ALSO BEING ON THE EASTERLY BOUNDARY OF THAT CERTAIN PROPOSED ANNEXATION TO THE CITY OF CUPERTINO ENTITLED "BYRNE AVENUE 88-11" : THENCE EAST 100. 15 FEET ALONG THE NORTHERLY SIDELINE OF DOLORES AVENUE: THENCE SOUTH 130.82 FEET TO THE SOUTHEAST CORNER OF SAID LOT 154: THENCE WEST 100. 15 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 154 TO THE POINT OF BEGINNING. CONTAINING: 0.30 ACRES MORE OR LESS A.P.N. 357-14-16 v � Vmo D z Z . > � - I3 - > , a mQ w ALLA7.AR Q OL DOLORES O AVE SITE M,CLELLAN RD. SGALE : I"zIOC LOLATION MAP SCALE ' I" 1000' W _ ��p�•1TA�115T�. —sue — M W � PFCO POSEG Q E- ST GUF'ERTINO GI'fY -IMITS f3`( t 100•I5 PRvPoS>✓p "dYRNEAvi88- J DOLORES AVEt- Jt- i LOT Is+ x r w w O p 0.,tOIAC.d O LJ 7 tot' tP 7 100 i0 ��- a? - f O PROPOSED ANNEXATION TO THE CITY OF GUPERTIhdC> E:NT I TLI✓D DOLORF=`:) AVENUE DEC-EM51�R119S8 A-PN. 3 (c, • . CITY OF CUPERTINO INTERDEPARTMENTAL Date To From CI Information MESSAGE: _ CI Implement CI Investigate CI Discuss SeeReply l Reply: SIGNED: DATE Send parts 1 and 2; retain part 3 for follow-up; part 2 to be returned with replyGf 2 DOLORES AVENUE 88-13 (FUNK) ALL that certain real property situate in the County of Santa Clara State of California, more particularly described as follows: All of Lot 154 and a portion of Dolores Avenue as shown upon the Map of Subdivision "A" Monta Vista, which Map was filed for record in the Office of the Recorder of the County of Santa Clara in Volume "P" of Maps, Page 20, more particularly described as follows. Beginning at the Southwest comer of Lot 154 as shown on said subdivision: Thence from said point of beginning North 130.82 feet along the westerly boundary of said Lot 154 and it's Northerly prolongation to a point on the Northerly sideline of Dolores Avenue said point also being on the Easterly boundary of that certain proposed annexation to the City of Cupertino entitled "Byrne Avenue 88-110. Thence East 400.60 feet along the Northerly sideline of Dolores Avenue to a point on the Westerly boundary of that certain Annexation to the City of Cupertino entitled "Dolores Avenue 82-02'. Thence South 40.00 feet along the Westerly boundary of said annexation "Dolores Avenue 82-02" to a point on the Southerly sideline of Dolores Avenue: Thence West 200.30 feet along the Southerly sideline of Dolores Avenue: Thence South 10.00 feet: Thence West 100.15 feet along the Southerly sideline of Dolores Avenue: Thence South 80.82 feet to the southeast corner of said Lot 154. Thence West 100.15 feet along the Southerly boundary of said Lot 154 to the Point of Beginning. Containing: 0.60 Acres more or less A.P.N. 357-14-16 REVISED 1-13-89 f • 1U 1l1 Z ed T j Q t0 Q W ALGA R Q Q DOLORES O W SITE M461-F- M RD. LL Q SGl�LE ; 1"=100' LOLATION MAP ' J� SCALE: 1" , 1000' J ___I I.�l �OIJTO`�(1STA I Z o M P 0 RM'? d ui w 1 PROPOSED Q GUhRTINOLIMIT'S gY 400• o PP-aI'o D " e>YRNEAVE.SB-Il" `. DOLORES AVE1�10 �. Q � � oo.r5 WES"I' i LOT 15+ WEST yJUTt� o o O./oo'-Ac CO 0 SOUTH 10.00' W 7 W Lp .21 100.15 Po.B w� a2 RZEVIcE 1-17-a9 PROPOSED ANNEXATION TO THE CITY OF GUPERTINO ENT I TLF✓D DOLORE:S AVENUE DECEMBER119Fb A�PN. 35-1- 14 - I10 l Z } , Q 10Q W ALGAZAR Q DOLORES O N SITE w McGl.ELLA(v RD. Q SCALE ; I"=10o' LOCATION MAP ' SCALE : I" - 000' J W Mo�TA v�STA � Z o -- - - -1 o Sump• A � r M P P M'20 p� d > 1 I � q PRO POSED Q 1 Eas r GUPERTINd OT`C LIMITS 53y 400• o $ PRoP p "BYRNEA�E.88-II" 1 DOLORES AVtN E gilL = LOT 1 S4 = WEST w�5T L��uTN ~ SpuTi l 10.00' o 0 o.ho'Ac p o 7M mug Z 1 p loo.i5 N I PO U. W ESQ" r�EviS� p PROPOSED ANNEXAMON TO THE CITY OF GUPERTINO ENIT 1 TLEO DOLORES AVENUE DEGEMbERI IctSB A.PN. 351- 14 - I10 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 : DOLORES AVENUE 88-13 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 0.30 (number of ) acres on the S (n/s/e/w) side of DOLORES AVENUE (Street/Avenue) between BYRNE AVE. (Street/Avenue) and ORANGE AVE. (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 more 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, Y&1A)tftC X is/are: TO PROCURE 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 : NIA 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: N/A 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 signature(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 . ** 357-14-16 Phone: Phone : (_) 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 Fl . , 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: DOLORES AVE. 88-13 Annexation ) §6.E KifiV tt )to/fre"p THE CITY OF CUPERTINO RRX=ANAa0[ri)vx30 (City or Spec .District) ENVIRONMENTAL STATUS OF PROPOSAL X THE CITY OF CUPERTINO as Lead Agency for environmental review (Name of City/10 X4XX1X Mq 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 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 0.60 2 . Number of inhabitants 2 3 . Number of registered voters 2 4 . Number of dwelling units 1 5 . a . What is the present use of the area (be brief , but specific) : RESIDENCE 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. JZVN15eD : 1- 115-61 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 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 - 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 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/ 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 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 . SuDnI . Anpl . - 2 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 District Cupertino Sanitary Dsitrict Fremont High School District Mid Peninsula Open Space District Foothill Community Collepe District For changes in ofganizati-on 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 annexation/detachment/reor- ganization 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/Zip Tel .No . No . Land Situs A.P.N. "SEE PETITION" 21920 Dolores 357-14-16 $12 519 upertiUo. CA 95014 ( If additional space required , continue list on separate sheet & attach. ) * "Owner of land means any person shown as the owner of land on the last Equalized Assessment Roll ; where such person is no longer the owner , then any person entitled to be shown as owner of land on the next Assessment Roll ; where land is subject to a recorded written agree- ment of sale , any person shown therein as purchaser , and any public agency owning land . " Government Code Section 56048 . CERTIFICATE OF CITY/YAM=R)= CLERK (Required for 100% Consent Proposal ) I CERTIFY that I have checked the number of owners of property located within the annexation/ld4XWOM41,= 4bV4XX14J{d tl)4H proposed by this applica- tion and that the _ (number) signatures above represent all of the owners of property included in this proposal . I FURTHER CERTIFY that, pursuant to Government Code Section 56839 , the City/D1XN%K1XM waives the requirement for written notice and gives consent for the Commission to make determinations on this proposal without notice or hearing. Date : City/DyAXMg Clerk (Seal ) City/DAMMKUM of Suppl . Appl . -3 b . Owners of land within the proposed annexation/detachment/reor- ganization who do not consent to this proposal should be listed by name, address , parcel number and assessed land valuation below. Signatures and dates not required . Hearing will be held for less-than-100$-consent applications . Assessed Street Address Parcel Value of Name City/State/Zip No . Land ( If additional space required , continue list on separate sheet 6 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 Hearing ( in addition to the Clerk/Administrator of each affected city or district): Street Address Name City/State/Zip ( 1 ) (2 ) ( 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 10300 TORRE AVE. YV " (Print name of person complet- CUPERTINO CA 95014 D ing this application) (Address ) (Signatur ) (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 =3_ CITY OF CUPERTINO INTERDEPARTMENTAL Date <�y To .�C���'f ,� U f_ From CI Information MESSAGE: �� �•��� ( 1_,- EC CI Implement >� ;1+ �IhVl ' t ' (1: CI Investigate �' X_I 6 �l (L!1 f' CI Discuss 1, 'pY�IT <_ t �� I?I�_IC /a'f�rl �I Replye % �� f�TI C 1� � . I tail !E\( _ •�7Ui�'� Reply: SIGNED: DATE Send parts 1 and 2; retain part 3 for follow-up; part 2 to be returned with reply ) � reasonable aid (U in any such action or proceeding ness created subsequent to Dale of Polic except in the insured mortgage and secured by said q y, p estates mortgage at the time of acquisition of such m effecting settlement, securing evidence, obtain-� to amounts advanced to r protect the lien of the estate or interest in the land;or �B witnesses, or prosecuting or defending such sured mortgage and secured thereby. J' SCHEDULE A CLTA Standard Coverage-1973 Policy No: AY 816547 Order No: 240217 Amount oflnsurance: $ 206 ,000 .00 DateofPolicy: APRIL 15 , 1988 at 8 :00 a.m. Premium: $ 730 .40 1. Name of Insured: RHODA FUNK 2. The estate or interest referred to herein is at Date of Policy vested in: RHODA FUNK, a Single woman 3. The estate or interest in the land described herein and which is covered by this policy is a fee. 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: PARTI 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 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) 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 (c) are shown by the public records. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred 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 street or highway is insured by this policy. --, Continued CLTA Standard Coverage— 1973 SCHEDULE B(Continued) 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. 8. 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) 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 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 If A. Currently Assessed Taxes for the fiscal year 1988-1989 a lien, but not yet due or payable . 1 . The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et. seq. of the Revenue and Taxation Code of the State of California. 2 . Right of the public to use as a roadway that portion of the herein described premises lying within the bounds of Dolores Avenue . 3. Declaration of Restrictions with no express words of forfeiture in the event of violation thereof, but deleting restrictions, if any, based on race, color, religion or national origin, recorded April 18, 1944 in Book 1198 of Official Records, page 276. Said Declaration contains a Mortgagee Protection Clause. 'CLTA Standard Coverage - 1973 • • PART 11 (Continued) 4. A Deed of Trust to secure an indebtedness of the amount stated herein Dated : April 6, 1988 Amount : $164, 800. 00 Trustor : Rhoda Funk, a single woman Trustee : Serrano Reconveyance Company, a California corporation Beneficiary : Home Savings of America, F.A. , a corporation Recorded : April 15 , 1988 Instrument No . : 9659726 NOTE: Taxes for the fiscal year 1987-88, have been paid in full SCHEDULE The land referred to in this policy is situated in the ('ounry ut Santa Clara 1 State of California, and is described as tollows. _-- SECTION 154, as laid down, designated and delineated upon that certain Map entitled "Map of Subdivision "A" Monts. 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. 357-14-016 63079 (A) 357-14-16 yl