89,282 Dolores Avenue 88-13 (Funk) 89,282 DOLORES AVE 88-13
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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
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PROPOSED ANNEXATION
TO THE
CITY OF CUPERTINO
ENTITLED
DOLORE`� AVENUE
DECEKAgEFR , 1988
A�PN. 35'I- 14 - !l0
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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
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PROPOSED ANNEXATION
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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
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PROPOSED ANNEXATION
TO THE
CITY OF GUPERTINO
ENT I TLF✓D
DOLORE:S AVENUE
DECEMBER119Fb
A�PN. 35-1- 14 - I10
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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