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04090017 (2) CITY OF CUPERTINO
BUILDING DIVISION PERMIT ' �`QNCI�lR TMtx
. _ s•
BUILDING ADDRESS: PERMIT NO.
21Q49 T,TNT)V c 04090017
NER'SNAME: J PERMIT ISSUE DATE
NE:
SANITARY q&kOL N0.
ARCHITECT/ENGINEER: BUILDING PERMIT INFO
BLDG ELECT PLUMB MECH
0 0
y O O LICENSED CONTRACTOR'S DECLARATION
1 hereby alfrm Nn I am licensed under provisions of Chapter 9(commencing Job Description
i with Section 7001Bnf Divialon Sof Ne Recrossed Profcasimo Code,end my license is
_ in full force and effect.
5yg ueeneasClasa uc.g HOUSE DEMO �y<
—O Dem Contractor
3W ARCHITECTS DECLARATION p \
1 understand my plans shall he used as public mcords
it Wt," Licensed Professional
3p 3OatNEBUILDER DECLARATION
d<F 1 hereby of on Nu 1 am
exempt from the Centracsor's License Lew for the
3:00 following mason.(Section 71131.5,Business and Professions Code:Any city or county
$ .which requires a permit to construct.alter,improve,demolish,or repair any structure
h-Zapd.m its iscuemce.alm duties.the applicant for such permit to rile saignud statement
Nat he is licensed pursuant to the provisions of the Contractor's License Law(Chapter 9 Sq.Ft.Floor Area Valli IOn
�$ (commencing wife Section 70DO of Division 3 of the Business and Prafemiom Code)or
.,
that M m Is exempt fl arefraand the basis for the alleged exemption:Any violadon of
Section 7031.5 by any applicant for a permit subjects to applicant to a civil penalty of 3 y T y, er0 0 Occupancy Type
not mora than five hundred dollars(1500).
I,u owner of the property,or my employees with wegesm theirsole compensation,
willde thawed.and the aWclum isnotimm.ded oroRemd(orsale(See.7041,Buimss
and Profasslom Code:The Comecmr'e License Law dean not apply m an owner of Required Inspections
property who builds or improves thereon,end who does such wark himself or through his
own employees,provided feat such impereeot=s are not intended oroRered forsole.If,
however,the building or improvement is sold within one yam of completion,the owner-
builder will have due burden of proving that he did not build or improve for purpose of
sale.).
1,as owner of the property,am exclusively contracting with licensed contractors to
o t the project(Sec.7044,Business and Profusions Code:)The Contractors U.
comelaw does not apply in an owner of property who builds or improves thareon,and
who contracts far such pmjects wife a contnmads)licensed pursuant to the Contractor's
License Law.
❑1 am exempt under Sec. ,B&P C for On remon
o r 6�V`'�y a.y p[ P /��.A��Daattoe 9 G
' IherebY altalm unBpnaOitY fperlJry onea0tsfollewing declvellam:
❑I have and will maintain a Cediteate ofCnnwnsao self-InsumforWorker'aCompen-
ration,in provided for by Section 37M of the labor Code,for the performance of the
work for which this permit is issued.
❑1 have end will maintain Worker's Compensation Insurance,an requimd by Section
3700 of the labor Code.for the performance of the work for which this permit is issued.
My Worker's Compensation Insurance carrier and Policy number art:
Carrier: Polity No.: _
CERTIFICATE OF EXEMPTION FROM WORKERS'
COMPENSATION INSURANCE
m ssection need not Woompleted if the Permit is for onehundmd dollars(SIM)
or loan)
1 certify thus in the performance of the work far which Nis permit is is tied,I shell not
amplay any parson in any manner mo In become subject loth,Worked Compensation
Laws of California.Dale
Applicant
NOTICE TO APPLICANT:If,after making this Certificate of Exemption,you should
become subject to the Worker's Compensation previsions of the labor Code,you must
.7Z foMwith comply with such Provisions or Nis permit shall be deemed revoked.
'Zy CONSTRUCTION LENDING AGENCY
(ti I hereby alarm Nat there is it construction lending agency far due perfxonerm of
ai.ti the work fur which Nu Permit is issued sees.3097,Civ,C.)
W� Q Lender's Name
z Lender's Address
V Q I certify that 1 have read this application and sum that the about informetiun is
eL F correct,1 agree to comply with all city and county ordinances and mee laws missing to
0Q building construction,and hereby authorise tepmsenmivu of this city to enter upon the
{17 shove-mentioned property for inspection purposes.
y (We)¢gree M save,indemnify and keep ham rless the City of Cupertino against
N liabilities,judgements,costs and expenses which may in any way same against said City
U 7 in consequence of the granting of this permit.
r^• 'APPLICANT UNDERSTANDS AND WILL CtQjMPLY WITH ALL NON-POINT Issued by:
SOURCE ltj� t�NS.
♦♦��/(
n/
Date
49 .:54 0JRe-roofs
Sim m aMiunuConuscta �Da¢=
HAZARDOTERIALIS u
Type of Roof
Will the appliesm m fu tee building acupmt stere m handle he'rurdoUs nommul
m defined by the Cupertino Municipal Code,Chapter 9.12.and the Health and Safety
^9de.gectien2ss3 Or? '�,,r' All roofs shall be inspected prior to any roofing material being installed.
❑Yes Vose
WIII the applicant or fu/turree building occupant use equipment or devices which If a roof is installed without first obtaining an inspection,I agree to remove
emit nuournoun it commit as defiocd by to Bay Area Air Quality Management all new materials for inspection.
Dixtrict4
❑Yu to
1 have mad Ne haurd ms malerialsmquimmenm under Chapwr6.95 of the Califor-
niaHcalN&SafctyCWc,Scctius25505.25533md25534.lundcrsmndthmirthc building
does net currently have a terem.Nat it ismy demomibila,m.not,the occupmt of the
nequirmen hlchmost W tpdorWi cca1.Ccnificateof cup= . Signature of Applicant Date
Owner or authorised agent Dame
All roof coverings to be Class "B"or better
CITY OF CUPERTINO "�
a
BUILDING DIVISION PERM , CONTRACT,R LNk�C?,RM - - -
BUILDING ADDRESS PERMIT NO.
S� IUB 04090017
OWNER'S NAME: - PERMIT ISSUE DATE
PHONE: SANITARY O.110.
ARCHITECT/ENGINEER: BUILDING PERMIT INFO
BLDG ELECT PLUMB MECH
_00 LICENSED CONTRACTOR'S DECLARATION
flyI hereby affirm that 1 am licensed under provisions of Chapter 9(commencing Job Description
with section 7M))of Division 3.17 the Business and Professions Code,end my license is
`
e in full force and effect.nzLicense Class tie.» HOUSE DEMO IZ
Date Contractor 1C.�
ap ARCHITECTS DECLARATION
8 tdSi y I understand my plena shell be diripribliaremads
ic RATI
763
LiccnscJ Prnfcssicnal
S OWNER-BUILDER m DECLARATION
E 00 1 hereby (Sect that 1 1. exempt srum the Contractor's Co License Law for the
E00 a following reason.(Section]tensor Business and improve.
de in li h.or Any city or county
prior torequiresissuance,
a permit re censorial,alma improve,demolish,m leash any structure
prionsslcense pursuant
to the the o the for such Cmiloermit Licensle ae gow(Count cm
<
that hcincing ithSection70th)ofDivision Of
usiness ndProeLaonsCodter9 Sq.Ft.Floor Area Valu tion
that he
exemith Section maltfDivision3 of the Business and Professions Code)tar
.. Natio is exempt therefrom and the basis for the alleged exemption.Any violation of
not
by veairyreddemforapermitsubjecutheepplicanuoocivilpenaltyof 3WVSP gr00 Occupancy Type
not mart Nan five hundred dollars($500).
r.7 L u owner of the property,or my employ„s with wages as their solo campeamdon,
will do Ne work and the swcti re is not intended moffmad far sale(Sea.7044,Business
and Professions Code:The Conuurum's License Law does not apply to an owner of Required Inspections
property who builds or improves Narcan,and who does such work himself or hrough his
own employees,provided You such improvements are not intended orolfered for sale.If.
however,the building or improvement is said within one year of completion,the owner-
builder wiR have Ne burden of proving Nal he did not build or improve for purpose of
sale.).
I.as owner of the property,am exclusively contracting with licensed contractors to
co m Ne protect(Sec.7044,Rosiness and Professions Code:)The Convector's Li
ecru,law does not apply to an owner of property who Wilda or improves thereon,and
who contracts for such projects with a contractor(s)licensed pursuant to IW Contractors
License Law.
1 am exempt under Sec. B&P C for his...a
Own r Dare 9 G -
.WORKKFf, yO (ER MNY+,TTIIO,41igCy4�RAATIQA
• w Ihercby affiimeuntle1r penaltybf perJSry oneLol lTafoil.in,declarations:
l have and will maintain a Certificate,ofCarecnt to self-insum for Worker's Compen-
sation,as provided for by Section 3700 of the tabor Code.for to performance of the
work for which this permit is issued.
❑1 have and will maintain Worker's Compensation Insurance,a required by Section
3700 of Ne Labor Code,for Nc perfonnanac of Ne work fnr which this permit is issued.
My Worker's Compensation Insurance carrier and Policy number art:
Carrier: Policy No.:
CERTIFICATE OF EXEMPTION FROM WORKERS'
COMPENSATION INSURANCE
(This sermon need not hecompleted Kthe permit is hamm handled dollars($100)
or less.)
I car ify that in the performance of the work for which this permit is issued,I shall not
employ any Person in any manner so u 7o become subject to the Warkeaf CamPensnflim
Laws of California.Date
Applicant
NOTICE TO APPLICANT.IL after making this Ccrtilicate of Exemption,you should
become subject to the Worker's Compensation provisions of the Labor Cods,you must
�Q forthwith comply with such provisions or this permiuhall W deemed revoked.
z CONSTRUCTION LENDING AGENCY
(-r 4 I hereby affirm that there is a construction lending agency for the performance of
ai> the work far which this permit is issued(Sec.3097,Civ.C.)
CQ Lender's Name
] z Lender's Address;
U 0 1 certify that 1 have read this application and state that the above information is
lTa H comceL 1 agree tit comply with all city and county ordinances and auto laws relating to
�O building consurotion,and herchy nuthorin rcpmsentives of this city to enter upon the
�'a above-mentione0 property for inspection purposes.
(We)carte to save,iridemnify and keep harmless the City of Cupertino against
rF.ai, liabilities,judgments,costs and expenses which may in any way accrue against said City
U in consequence of the grand ng of this permit.
APPLICANT UNDERSTANDS AND WILL C55RpMPLY WITH ALL NON-POINT Issued by: Date t
SOURCE REIONSo_ -�1
r 9 )G� Re-roofs
sign mar Ad i�HAZAt�'aat�,I I I f ,D.m a.e'r Type of Roof
HA2A0.000 MATERIAL store
SU 'himad
Will the applicant or future buildinge,Chapter 9.12,
handle Health
ad
C defined io the Cupertino Municipal Code,Chapter 9.12,and the Health and Safety
Coda,Sc❑otion25532(a)? -y��,g1,' All roofs shall be inspected prior to any roofing material being installed.
• Y u
Will the applicant or future building occupant use equipment or devices which If a roof is installed without first obtaining an inspection,I agree to remove
emit ho.umas air contaminants as darted by the Bay Arca Air Quality Management all new materials for inspection.
District?
[3 yrs
1 have mad the haaaNnus materials mquircments under Chapter 6.95 of the Califon
ma Hcoli&Safety Code,Saporta 25505.25533 and 25534.1 temasund Nat ifthc building
docs not CoMfolY have a maxim,that it is my responsibility w Met be nocupan7 of N,
acquire oft hichmus7bc
Me,prior uris cc of aCertificatteot span . Signature of Applicant Date
Owner oraahriagent Q�: All roof coverings to be Class "B”or better
. City of Cupertino
Plan Check Transmittal
Permit# 04090017 Control#
Project HOUSE DEMO Plancheck# 1
Address 21949 LINDY LANE FileDate 9/7/04
Owner MOXLEY PROPERTIES
Description
Plan Check Status (attach comments and return to Building with pian set)
Plan
Dept check# Date Due Date Staff Comment Date Approval?
Building I 1 I 9/7/04 9/21/04 I POH I ❑
Planning I 1 1 9/7/04 1 9/21/047,
Assessor I 1 1 9/7/04 1 9/21/04 1 ❑
•
Additional Plan Check Fee ❑ Hours
Planning Fees
Housing Mitigation Fee Amount
Heart of the City Specific Plan Fee Amount
•
SEP 10 2004 11 : 28AM BRIDG BANK CONST LENDING 4089950358 p. 2
55 ALMADEN BOULEVARD
SAN JOSE, CA 95113
. PHCNE: 40E.423.8500
'B R I D G E BANK FAX: 408,423.6520
525 UNIVERSITY AVENUE
PALO ALTO, CA 94301
PHONE: 650,566,5310
I5115� FAX: 650,326.
{w�,Y{/J•/ IOOE64NK.COM
Ms. Susan Winslow
City of Cupertino Sp 7
Building Department `+�n,
10300 Torre Avenue CITY OF CUPERr�N®
Cupertino,CA 95014sUIL1).�I
G DEPARYMENT
RE: Moxley Properties#194801
21949 Lindy Lane#356-25-016
Dear Ms. Winslow:
Please accept this letter of authorization that Bridge Bank has no objections to the request
of our borrower that the home at the property mentioned above be demolished.
Thank you for your attention to this matter. If you have any questions please do not
hesitate to call me at 408-556-8300.
Since y,
N alie as e
onstruction oan Group Manager
•
C�
•Iy
T .
� O
Q- 1
NO ATT CHMENTS
RIPLINE
4•"4 PLAN
4 SIDES (TYP) 1 TO BE KEPT l
lk "D
��
40• I 'D VE
EXISTING GROUND^ 2-0-
IWROCK OR EQUA
CITY OF CUPERTINO
L I 1`i
TYR POSTW
POST 12" 8010G DEPARTMENT
ILEVATION
NOTES
1, THE DEVELOPER SHALL INSTALL THE " TREE PROTECTION DEVICES
PRIOR TO THE START OF GRADING OR CLEARING WORK.
2. THE CITY RESERVES THE RIGHT TO ISSUE A "STOP WORK" NOTICE IF
THE "TREE PROTECTION" DEVICES ARE NOT INSTALLED OR IF THE
DEVICES ARE NOT MAINTAINED PROPERLY.
3. SEE THE PROJECT GRADING PLAN FOR SPECIFIC TREES THAT REQUIRE
PROTECTION. ALL SPECIMEN TREES REQUIRE PROTECTION UNLESS
OTHERWISE NOTED.
4. NO EXCAVATIONS WITHIN THE "TREE PROTECTION AREA" ARE ALLOWED
UNLESS UNDER THE SUPERVISION OF A REGISTERED TREE SERVICE COMPANY.
S. ANY FILLING WITHIN THE "TREE PROTECTION AREA" SHALL BE DONE IN -
ACCORDANCE WITH A DETAILED IMPROVEMENT PLAN APPROVED BY THE CITY.
G. NO TRIMMING, CUTTING,OR PRUNING OF DESIGNATED TREES CAN OCCUR
WITHOUT A REGISTERED TREE SERVICE COMPANY.
7. CONSULT ORDINANCE 778 OF THE CITY OF CUPERTINO FOR PERMIT
REQUIREMENTS AND EXCEPTIONS.
S. TEMPORARY CHAIN LINK FENCING IS AN ACCEPTABLE SUBSTITUTE TO
THE WOOD CONSTRUCTION.
irl
TREE PROTECTION STANDARDS
CITY OF CUPERTINO, I
STANDARD DETAILS JAPPROVED'By : DATE : 6-4
CI E IN �(�
I
REVISIONS BY
d
EX. O 01/08/02 RD
GRATE-451.14
INV EL=452.74
03/21/03 BD
\
PROJECT NOTES s-zt-oa
1)CIVIL ENGINEER M SOILS ENGNEM M REVIEW ALL GRADING AND SUBMIT A FINAL REPORT TO ME CITY PRIM TO OCCUPANCY.
/ 2) COMPACTION REPORTS AND PAD ELEVATION CERTIFICATION IS REQUIRED RK
ED ON ALL BUILDING PAD WO .
3) CONTACT PUBLIC WORKS, 777-3354, FOR DRAINAGE AND FINAL GRADE INSPECTION, WHICH INCLUDES DRAIN LINES AND ROOF
DN
4)CONTRACTOR IS RESPE14SIBN:FOR MST CONTROL AND INSURNG THE AREA ADJACENT TO THE WIXtK IS LEFT IN A Q AN CONDITIM.
O L •wW2E"- "'- 5) THE CONTRACTOR SHALL RENEW STD. DETAIL 6-4 ON TREE PROTECTION PRIOR TO ACCOMPLISHING ANY WORK OR REMOVING
ANY TREES.
6) ALL GRACING SHALL BE DONE IN ACCORDANCE W1M THE CEOIEGNNICAL INVESTIGATION PREPARED BY
WAYNE TING AND ASSOCIATES INC., DATED JANUARY 29, 2002, PROJECT NO. 1936.
7) ALL STORM LINE INSTALLATION WITH SLOPE LESS THAN 2% SHALL BE CERTIFIED BY A CIVIL ENGINEER. 'zv = N
- SCALE: 1"=20' \ \ \ \� I _ B) ALL ON-SITE SANITARY SEWER LINES AND LATERALS SHALL BE SUBJECT TO BUILDING DEPARTMENT APPROVAL PRIOR $ F m
3 \ \ \ \ -� ` TO INSTALLATION.
J W 1 y2 \ 9) UTILIZE BEST MANAGEMENT PRACTICES(BMP-S), AS REWIRED BY THE STATE WATER RESOURCES CONTROL BOARD, FOR z 1'
P Y ACTIVITY WHICH DISTURBS SOIL O D N
10) ANA WORK SCHEDULE OF GRADING AND EROSION h SEDIMENT CONTROL PLAN SHALL BE PROVIDED 5,0 THE CITY ENGINEER u VI ]:
^ \ \ \7Jrr--•.I�TALL I)6W RETNNNG WALL BY AUWST 15. 2002.NO GRADING 91N1 BE PE1601W®BETWEEN OOIO�M 1,11004 TO APRL ly 2005, O g
1O) TION TO DETE TINED \ ` 11) ALL ROOF DRAINS AND/OR DOWN SPOUTS SHALL BE DRAINED SHEET FLOW 2% AWAY FROM THE BURRING AND MAY BE
L BT'1 SEEP S By \ COLLECTED BY DRAINAGE INLET CONNECTED TO PUBLIC STORY MAIN FACILITY, IF AND ONLY IF ME MANAGE IS IN ME HILLSIDE AREA V
1 \
GIN PoNG \ \ WN ME WRIER BE DIRECTLY CONxECTED TO ME PU6UC STORM GRAIN.
���R/y� 00
A^ ' i VED I 1\ \ R
ti1'AIIB T!?f \ \p\4 \` 4-.'(BD LF
w NSTALL 522± UP
VYJ Ar'..•'- ASPHALT DIKE ALONG
EK EDGE OF PAVEMENT /
SATEXNee �s LOT \ o O Nom„I..5, FB o-�uc Ra. n J C �C
TYNW.�� EX. EP \ \\\ \ -
\ \ ASPHALT OKE
_ ^C d
Tlrfs set of nS and af(catiats MAST ; 20.456 SQ \ \\ \\ \ \ \\\ \ \ S� Gr 4 °`Y
De kw ORe Rob a!I times and it is un I 2 f% ////��// \ �y . "
low to e a Changes or, alterations // MA HT. I, E D\\\ \ \
INSTNAG 0� ,•� `\ \
me t written permission from OR NAG
an same Dept., City of Cupertino. SEE DETAIL 1 Oki \� \\ \
/ �� \e '•b" PROVIDE OPENING IN AC. 5
the t1ur. p •, � \ \\\\\ \ OKE FOR DRAINAGE Ce _
The stamping of this plan and specifications /�� $' w \ ROM SWA E. MAINTAIN -- — — —
127 ' \\ �tE `)B E%, \\ FLOWUNE (TYP.)
3HALL NOT be held to permit or to be ar. / N L E D i \\ \\�\ \ \\\ / DRAINA meq" A
Q /LO,,,Y C �`_-�... GE SWANF 12p
lnproval Of the violation of any provtslona 21,1e5 s4. rT.. B'
1 erw City Ordinance or gate taw, 20' IEE AND PDE _ \ 20,482 SQFT- N REM \ \ \ \ \\\ C
OVE E4 N Ta EFT\ \ \ W
\ 1.9 �ll.\YO. \1
FL=aW.S / \ \ \ N,
\ \ \M
E REMOVE
%. ON. / P, \�EQ 4 .0 EX. SHED
SEE DETAIL 1
DETAIL 1 Z _ .
MONUMENT UNE // � EG}gq X71\
G=411.46 ` y 1 \ \ \
Iln r DRAN4GE2222$W \ M�43'A61 \ 1 COPY
1•' w �� // \ 6 b �]` \\ \ \\ \ I I 1 11 It ll 1' 1�• 4 DINE FOR DRAINAGE PROVIDE OPENING IN AC.
_3y
< NM \ \ \ \ , i!/\ \ I 1 1 1 MAINTAIN FLOMW �MOM SWAIE
it \ \ \ 0 LF 2' I I
\ RE WALL G=a3J.3
1 )G=1139.04 1 1 1 ( P.) _
I I / IZ
O 1 DRAINAGE SWALE N
`L�� I- ESA ' / ) ORNVEWAY
REMOVE G. NN Elq EER ��?..�} 1 / N ( / SURFACE O
FII 3 LOT\xj �C'143Gy9fi I C=138.11 / tl..
8 \�\ \ 3asss so) r r.. Rods/ I I J 1 / W _f
11 v m R }7 JB 7 \ \ 2),089 SI
/rT- I I / J
• m'No JINV '371. 3 N \\ \\ \ \\ Ec\ z T � � / �' —/• / / / / I GP SECTION C—C Z O (,•)
11%'- m
S �+5.0 U 1,
0 Z
R ARY
BENCH ARK 11 \ ///\l \ 1 6 NOTE. Z fY
RIM O SM"tI-'� a //(11)
RIM EL=} .2SEn
INV EL-36 .23 11 11 3\ r A , / 6- CONSTRUCT ASPHALT DIKE tJ
h /,
DEDICATION TO THE T 52120.250•E TO DIMENSIONS SHOWN
CIN OF CUPERRTINO 11 1 1 e I \ 120.25' `t' R=t/2• HERE, PER CITY OF
y �' 0�5 SEP b 7 ?R�q Z
CUPER PER STANDARD 4
\ !--12• �aOPACUPERTINO
ERISTI . 1-16. U J U
11 1 1 ` / CITY CSF CUPEIRTiN®
STANDARD DETAILS)
MONUME m % ` fA N� Date: JULY 2001
Mut- MNG DEPARTMENT 'y —1L s ASPHALT DIKE DETAIL x0,: 1-=20•
o
EX R/W. UNDY
O ANE PER R2 NOTE: _ - D' Dn0
T
E%. 12• RCP THE POST gtAOED ROPES, AF1ER THE UNCOYPACTED FILLS ARE gEMOVED. Job: 111-73 I 1 p \ SHAu BE NO STEEPER THAN 29z CONCRETE SWALE DETAIL 2
sna°1
T NEAREST ,1 1
NOT TO SCALE
LIGHT POLE
IS 45, \JOBS\MOXLEY\GRADING of 5 Sheets
�i
City Hall
10300 Tone Avenne
Cupertino,CA 95014-3255
Telephone: (408)777-3228
QCITY FAX: (408)777-3333
CUPEkTINO
BUILDING DEPARTMENT
DEMOLITION REQUEST
Date Zzzlo
RECEIVED
Addresses of all interested parties:
CITY OF CUPERTINO
BUILDING®EPARYMENT
Sa•1 Toss- t G.4— � S'l l3
Reference : Loan number(if applicable) 4 J `I {3D 1
Dear Sir or Madam:
Please be advised that the owners at Z y QJ,, Lzt,�.
Cupertino, CA 95014, Assessor's Parcel number-?s -ice - /6 are requesting
demolition of their house/building.
Please notify us within 15 days if you have any objections.
Our address is: City of Cupertino
Building Dept.
10300 Torre Avenue'
Cupertino CA 95014
If you have any questions, please call me at (408) 777-3228.
Sincerely,
Susan Winslow
• Administrative Clerk, Building Department
i
Printed on Recycled Paper
City of Cupertino
Plan Check Transmittal
Permit# 04090017 Control#
Project HOUSE DEMO Plancheck# 1
Address 21949 LINDY LANE FileDate 9/7/2004
Owner MOXLEY PROPERTIES
Description
Plan Check Status (attach comments and return to Building with pian set)
Plan
Dept check# Date Due Date Staff Comment Date Approval?
Buildin 1 9/7/2004 9/21/2004 1 POH 1 9/17/2004 W
Planning 1 1 9/7/2004 9/21/2004 1 Cidd 9/10/2004 C7
Assessor 1 1 9/7/2004 9/21/2004 1 SENT 1 9/17/2004
Additional Plan Check Fee ❑ Hours
Planning Fees
Housing Mitigation Fee Amount
Heart of the City Specific Plan Fee Amount
A _ _
• RjW tion 11, Rule 2
� COMPLIANCE
nhow &E ,
Acknowledgement of
AY AR EA ENFORCEMENT
AIRQUALITY DIVISION _ Notification and
MANAGEMENT , ., Payment of Fees
D 1 s 'r E, I c T '
6/10/2004
Silverado Contractors Job No: 2A282
3233 Peralta Street Invoice No: OVR84
Oakland, CA 94607
The Bay Area Air Quality Management District (BAAQMD),ackn p d
your Asbestos Removal or Demolition Plan described as: Demoli IMF
Site address 21949 Lindy Lane
Cupertino, CA 95014 �KP i 1994
CI1Y®F CUPERT1NO
Start Date June 24, 2004 B;J11DWG DEPARTMENT
Completion Date July 6, 2004 -
Removal amounts of friable ACM 0 linear feet 0 square-feet 0 cubic feet
. Should it become necessary to revise this plan,please do so in the spaces provided below and immediately
copy the District by fax or by mail.
REGULATION 11-2 REVISION BAAQMD J# 2A282
REVISION# START DATE COMPLETION DATE
L°a 1;SI�
1 ( 1j7 jo 7 / 30 / 04/ D
2 -7 1Z- �/ ! z / 0< D
noy-'— g �'30 /Dy. ��
3/ol ,.z 4z
0Y /o� U
NOTE: This form is not intended as a verification of either the completen6ss of your original notifit ��
or of its compliance with BAAQMD Regulation 11-2. Ifyou have any questions about this lam/
acknowledgment,please call our office at(415) 749-4762.
�j7-3
� 1.3i. �oy , Z3 og . .. : • .� D
3010&I E=
6l D
h ' Order Number: 4317-1442463-02
Page Number: 1
• !S T M k k,
� 4,9
4 •f•
3K
First American Title
12880 Saratoga-Sunnyvale Road, Unit G
Saratoga, CA 95070
John Dozier
Cupertino Properties PO Box 2672 RECEVE
Cupertino, CA 95015
SEP 8 q Ittk
11140
Escrow Officer: Andrea Olson (AO) CIN of c0ppa �ViE1vT
Phone: (408) 867-8180 BUILDING DE
Fax No.: (408) 867-0728
E-Mail: aolson@firstam.com
Title Officer: Bill Payne
Phone:
Owner: Moxley Properties-Cupertino
Property: 21949 Lindy Lane Lot 2
Cupertino, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of tide Insurance,this company hereby reports that It is prepared to issue,or
cause to be Issued,as of the date hereof,a Policy or Policies of Title Insurance describing the land and the estate or Interest therein
hereinafter set forth,Insuring against loss which may be sustained by reason of any defect,lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules,Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth In Exhibit A attached.Copies of the Policy
forms should be read.They are available from the office which Issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth In Exhibit A of this
report carefully.The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title Insurance policy and should be carefully considered.
It is Important to note that this preliminary report Is not a written representation as to the condition of title and may not
list all liens,defects,and encumbrances affecting title to the land.
This report(and any supplements or amendments hereto)Is Issued solely for the purpose of facilitating the Issuance of a policy of title
Insurance and no liability is assumed hereby.If it is desired that liability be assumed prior to the Issuance of a policy of title Insurance,a
Binder or Commitment should be requested.
•
First American Title
• Order•ber: 4317-1442463-02
Page Number: 2
Dated as of August 18, 2004 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
Eagle Owners Policy
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Moxley Properties-Cupertino, a California Limited Partnership
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
The Land referred to herein is described as follows:
(See attached Legal Description)
. At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions In said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2004-2005, a lien not yet due or
payable.
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
3. The terms and provisions contained in the document entitled "Acknowledgement and Waiver"
recorded May 1, 1995 as Document No. 12876016 of Official Records.
4. A deed of trust to secure an original indebtedness of$900,000.00 recorded November 20,
2002 as Document No. 16629292 of Official Records.
Dated: November 15, 2002
Trustor: Moxley Properties-Cupertino
Trustee: Bridge Bank, National Association
Beneficiary: Bridge Bank, National Association
5. The terms and provisions contained in the document entitled "Covenant and Agreement to
Restrict Use of Property" recorded August 17, 2004 as Document No. 17953747 of Official
Records.
• 6. Easements, claims of easement or encumbrances which are not shown by the public records.
FirstAmerican Title
Order Number: 4317-1442463-02
Page Number: 3
. 7. Any facts about the Land that a correct survey would disclose and that are not shown by the
public records. This does not limit the forced removal coverage in Item 12 of Covered Risks.
8. Any rights, interests, or claims of parties in possession of the land not shown by the public
records.
9. Any facts, rights, Interests, or claims which are not shown by the public records but which could
be ascertained by an inspection of said land or by making inquiry of persons in possession
thereof.
•
First American Tithe
I� • Orderber: 4317-1442463-02
Page Number: 4
INFORMATIONAL NOTES
1. According to the public records, there has been no conveyance of the land within a period of
twenty-four months prior to the date of this report, except as follows:
None
2. General and special taxes and assessments for the fiscal year 2003-2004.
First Installment: $1,326.40, PAID
Penalty: $0.00
Second Installment: $1,326.40, PAID
Penalty: $0.00
Tax Rate Area: 13-016
A. P. No.: 356-25-016
Affects: The land and other property.
3. Short term rate applies.
4. Collect $10.00 (per parcel) user fee for each Grant Deed for County Monument Preservation
Fund.
5. SALE of said land is subject to the County of Santa Clara Transfer Tax of$1.10 per thousand
based on equity transferred.
6. With respect to Moxley Properties-Cupertino, a California limited partnership:
a. That a certified copy of the certificate of limited partnership (form LP-1) and any amendments
thereto (form LP-2) be recorded In the public records;
b. A full copy of the partnership agreement and any amendments;
c. Satisfactory evidence of the consent of a majority In interest of the limited partners to the
contemplated transaction;
d. Other requirements which the Company may impose following Its review of the material
required herein and other information which the Company may require.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map Is attached.
•
First American Title
• Order tuber: 4317-1442463-02
Page Number: 5
•
LEGAL DESCRIPTION
Real property in the City of Cupertino, County of Santa Clara, State of California, described as
follows:
Parcel 2 as shown on that certain Parcel map filed in the office of the Recorder of the County of
Santa Clara, State of California on June 28, 2004 in Book 771 of Maps, pages 48 and 49.
APN: 356-25-016(portion)
ARB: 356-25-16.03
First American Tithe
• Order•ber: 4317-1442463-02
Page Number: 6
NOTICE
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow
capacity, wait a specified number of days after depositing funds, before recording any documents in connection
with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed
the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day
after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,
cashier's checks, or certified checks whenever possible.
If you have any questions about the effect of this new law, please contact your local First American Office for
more details.
•
•
First American Title
1 • Order Number: 4317-1442463-02
Page Number: 7
•
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS(BY POLICY TYPE)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE '
This policy does not Insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of:
I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the public records.Proceedings by a public agency which may result in taxes or assessments,or notice 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 which may be asserted by 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.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or
expenses which arise by reason of:
I. (a)Any law,ordinance or governmental regulation(Including but not limited to building and zoning laws,ordinances,or regulations)
restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of
any Improvement now or hereafter erected on the land;(iii)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;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or
governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance
• resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a
defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects,liens,encumbrances,adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the Insured claimant;
(b) not known to the Company,not recorded in the public records at Date of Policy,but known to the Insured claimant and not disclosed in
writing to the Company by the Insured claimant prior to the date the Insured claimant became an Insured under this policy;
(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 paid value for the Insured mortgage or for
the estate or Interest Insured by this policy.
4. Unenforceability of the lien of the Insured mortgage because of the inability or failure of the Insured at Date of Policy,or the inability or
failure of any subsequent owner of the Indebtedness,to comply with applicable"doing business"laws of the state in which the land Is
situated.
5. Invalidity or unenforceability of the lien of the Insured mortgage,or claim thereof,which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth In lending law.
6. Any claim,which arises out of the transaction vesting in the Insured the estate or Interest Insured by their policy or the transaction creating
the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
I. 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 reduction in the dimensions of area of the land,or the effect of
any violation of any such law,ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at
Date of Policy.
• 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the Insured claimant;(b)not
known to the Company and not shown by the public records 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 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
First American Tde
�'t • Order Ember: 4317-1442463.02
Page Number: 8
• created subsequent to Date of Policy; or(e)resulting In loss or damage which would not have been sustained If the Insured claimant had
paid value for the estate or interest insured by this policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 2 above are used and the following exceptions to coverage appear in the policy.
SCHEDULER
This policy does not Insure against loss or damage by reason of the matters shown in parts one and two following:
Part One
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.
2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an Inspection of said land
or by making Inquiry of persons in possession thereof.
3. Easements,claims of easement or encumbrances 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 public records.
5. Unpatented mining claims;reservations or exceptions In patents or In Acts authorizing the Issuance thereof;water rights,claims or Utle to
water.
6. Any lien,or right to a lien,for services,labor or material heretofore or hereafter furnished,Imposed by law and not shown by the public
records.
4.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970
WITH A.L.T.A.ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. 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 reduction in the dimensions or area of the land,or the effect of
any violation of any such law ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at
Date of Policy.
3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the Insured claimant,(b)not
known to the Company and not shown by the public records 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(except to the extent Insurance is afforded herein as to any statutory
lien for labor or material or to the extent Insurance is afforded herein as to assessments for street Improvements under construction or
completed at Date of Policy).
4. Unenforceability of the lien of the Insured mortgage because of failure of the Insured at Date of Policy or of any subsequent owner of the
indebtedness to comply with applicable"doing business"laws of the state in which the land Is situated.
S.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy,the exclusions
set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not Insure against loss or damage by reason of the matters shown In parts one and two following:
Part One
I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an Inspection of said land
or by making Inquiry of persons In possession thereof.
3. Easements,claims of easement or encumbrances 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 public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the Issuance thereof;water rights,claims or title to
water.
6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,Imposed by law and not shown by the public
records.
First American Title
Orderlpmber: 4317-1442463-02
Page Number: 9
• 6.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992
WITH A.L.T.A.ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or
expenses which arise by reason of:
1. (a)Any law,ordinance or governmental regulation(Including but not limited to building and zoning laws,ordinances,or regulations)
restricting,regulating,prohibiting or relating to(I)the occupancy,use,or enjoyment of the land;(11)the character,dimensions or location of
any improvement now or hereafter erected on the land;(iii)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;or(Iv)environmental protection,or the effect of any violation of these laws,ordinances or
governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy;
(b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a
defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects,liens,encumbrances,adverse claims,or other matters:
(a)whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the Insured claimant;
(b)not known to the Company,not recorded In the public records at Date of Policy,but known to the Insured claimant and not disclosed In
writing to the Company by the Insured claimant prior to the date the Insured claimant became an Insured under this policy;
(c)resulting in no loss or damage to the insured claimant;
(d)attaching or created subsequent to Date of Policy(except to the extent that this policy Insures the priority of the lien of the Insured
mortgage over any statutory lien for services,labor or material or the extent Insurance is afforded herein as to assessments for street
improvements under construction or completed at date of policy);or
(e)resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the Insured mortgage.
4. Unenforceability of the lien of the Insured mortgage because of the Inability or failure of the insured at Date of Policy,or the Inability or
failure of any subsequent owner of the indebtedness,to comply with the applicable"doing business"laws of the state In which the land Is
situated.
5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the
insured mortgage and Is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,labor or materials over the lien of
• the Insured mortgage)arising from an Improvement or work related to the land which Is contracted for and commenced subsequent to Date
of Policy and Is not financed in whole or in part by proceeds of the indebtedness secured by the Insured mortgage which at Date of Policy
the insured has advanced or is obligated to advance.
7. Any claim,which arises out of the transaction creating the interest of the mortgagee Insured by this policy,by reason of the operation of
federal bankruptcy,state insolvency,or similar creditors'rights laws,that Is based on:
(I)the transaction creating the Interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or
(ii)the subordination of the interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination;or
(iii)the transaction creating the interest of the Insured mortgagee being deemed a preferential transfer except where the preferential
transfer results from the failure:
(a)to timely record the Instrument of transfer;or
(b)of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor.
7.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 6 above are used and the following exceptions to coverage appear in the policy.
SCHEDULES
This policy does not Insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of:
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.
2. Any facts,rights,Interests,or claims which are not shown by the public records but which could be ascertained by an Inspection of said
land or by making inquiry of persons In possession thereof.
3. Easements,claims of easement or encumbrances 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 public records.
5. Unpatented mining claims; reservations or exceptions in patents or In Acts authorizing the Issuance thereof;water rights,claims or title to
water.
6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,Imposed by law and not shown by the public
• records.
8.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992
FirstAmerican Title
• Orderllber: 4317-1442463-02
Page Number: 10
• EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or
expenses which arise by reason of:
I. (a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)
restricting,regulating,prohibiting or relating to(1)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of
any improvement now or hereafter erected on the land;(Iii)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;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or
governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy.
(b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a
defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects,liens,encumbrances,adverse claims,or other matters:
(a)created,suffered,assumed or agreed to by the Insured claimant;
(b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in
writing to the Company by the Insured claimant prior to the date the Insured claimant became an Insured under this policy;
(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 paid value for the estate or Interest Insured
by this policy.
4. Any claim,which arises out of the transaction vesting in the insured the estate or Interest Insured by this policy,by reason of the operation
of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on:
(i)the transaction creating the estate or Interest Insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or
(ii)the transaction creating the estate or interest Insured by this policy being deemed a preferential transfer except where the preferential
transfer results from the failure:
(a)to timely record the Instrument of transfer;or
(b)of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor.
• 9.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992
WITH REGIONAL EXCEPTIONS
When the American Land Tide Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 8 above are used and the following exceptions to coverage appear In the policy.
SCHEDULE B
This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of:
Part One:
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.
2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements,claims of easement or encumbrances 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 public records.
5. Unpatented mining claims;reservations or exceptions In patents or in Acts authorizing the Issuance thereof;water rights,claims or title to
water.
6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,Imposed by law and not shown by the public
records.
10.AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL
TITLE INSURANCE POLICY-1987
EXCLUSIONS
In addition to the Exceptions in Schedule 8,you are not Insured against loss,costs,attomeys'fees and expenses resulting from:
1. Governmental police power,and the existence or violation of any law or government regulation.This Includes building and zoning
ordinances and also laws and regulations concerning:
• *land use *land division
*Improvements on the land *environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear In the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
First American Title
• Orderquomber: 4317-1442463-02
Page Number: 11
. 2. The right to take the land by condemning it,unless:
*a notice of exercising the right appears in the public records on the Policy Date
*the taking happened prior to the Policy Date and Is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
*that are created,allowed,or agreed to by you
*that are known to you,but not to us,on the Policy Date-unless they appeared in the public records
*that result In no loss to you
*that first affect your tide after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
*to any land outside the area specifically described and referred to in Item 3 of Schedule A,or
*in streets,alleys,or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
11.EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE-1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE-1998
Covered Risks 14(Subdivision Law Violation).15(Building Permit).16(Zoning)and 18(Encroachment of boundary walls or fences)are subject to
Deductible Amounts and Maximum Dollar Limits of Liability
EXCLUSIONS
In addition to the Exceptions in Schedule 8,you are not Insured against loss,costs,attorneys'fees,and expenses resulting from:
I. Governmental police power,and the existence or violation of any law or government regulation.This Includes ordinances,laws and
regulations concerning:
a.building J.zoning
• c.land use d.Improvements on the land
e. land division f.environmental protection
This exclusion does not apply to violations or the enforcement of these matters If notice of the violation or enforcement appears In the
Public Records at the Policy Date.
This exclusion does not limit the coverage described in Covered Risk 14,15, 16, 17 or 24.
2. The failure of Your existing structures,or any part of them,to be constructed In accordance with applicable building codes.This Exclusion
does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it,unless:
a.a notice of exercising the right appears in the Public Records at the Policy Date;or
b.the taking happened before the Policy Date and Is binding on You If You bought the Land without Knowing of the taking.
4. Risks:
a.that are created,allowed,or agreed to by You,whether or not they appear in the Public Records;
J.that are Known to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Policy Date;
c.that result in no loss to You;or
d.that first occur after the Policy Date-this does not limit the coverage described In Covered Risk 7,8.d,22,23,24 or 25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a.to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A;and
b.In streets,alleys,or waterways that touch the Land.
• This exclusion does not limit the coverage described in Covered Risk 11 or 18.
12.SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN
POLICY(10/13/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or
expenses which arise by reason of:
•
First American Title
• Order Number: 4317-1442463-02
Page Number: 12
• 1. (a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)
restricting,regulating,prohibiting or relating to(1)the occupancy,use,or enjoyment of the Land;(II)the character,dimensions or location
of any Improvement now or hereafter erected on the Land;(III)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;or(Iv)environmental protection,or the effect of any violation of these laws,ordinances or
governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance
resulting from a violation or alleged violation affecting the Land has been recorded In the Public Records at Date of Policy.This exclusion
does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy.
(b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a
defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the Public Records at Date
of Policy.This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy,but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
Knowledge.
3. Defects,liens;encumbrances,adverse claims or other matters:
(a)created,suffered,assumed or agreed to by the Insured Claimant,,
(b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c)resulting In no loss or damage to the Insured Claimant;
(d)attaching or created subsequent to Date of Policy(this paragraph does not limit the coverage provided under Covered Risks 8, 16,18,
19,20,21,22,23,24,25 and 26);or
(e)resulting In loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the Inability or failure of the Insured at Date of Policy,or the Inability or
failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the Land is
situated.
5. Invalidity or unenforceability of the lien of the Insured Mortgage,or claim thereof,which arises out of the transaction evidenced by the
Insured Mortgage and Is based upon usury,except as provided in Covered Risk 27,or any consumer credit protection or truth in lending law.
6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy.This
exclusion does not limit the coverage provided under Covered Risks 7,8(e)and 26.
7. Any claim of Invalidity,unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or Interest covered by this policy.This
exclusion does not limit the coverage provided In Covered Risk B.
8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy,and all Interest charged
thereon,over liens,encumbrances and other matters affecting title,the existence of which are Known to the Insured at:
• (a)The time of the advance;or
(b)The time a modification Is made to the terms of the Insured Mortgage which changes the rate of Interest charged,If the rate of Interest
Is greater as a result of the modification than it would have been before the modification.
This exclusion does not limit the coverage provided in Covered Risk 8.
9. The failure of the residential structure,or any portion thereof to have been constructed before,on or after Date of Policy in accordance with
applicable building codes.This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records
at Date of Policy.
SCHEDULE
This policy does not Insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of:
1. The following existing statutes,reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement Incorporated
into this Policy following item 28 of Covered Risks: NONE.
13.SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIA77ON EXPANDED COVERAGE RESIDENTIAL LOAN
POLICY(10/13/01)
WITH REGIONAL EXCEP77ONS
When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended
Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear In the policy.
SCHEDULES
This policy does not Insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of:
Part One:
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.
2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an Inspection of said land
• or by making inquiry of persons in possession thereof.
3. Easements,claims of easement or encumbrances 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 public records.
FirstAmerican Title
• Ordetber: 4317-1442463-02
Page Number: 13
• 5. Unpatented mining claims; reservations or exceptions In patents or in acts authorizing the Issuance thereof;water rights,claims or title to
water.
6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,Imposed by law and not shown by the public
records.
Part Two:
I. The following existing statutes,reference to which are made part of the ALTA 8.1 Environmental Protection Uen Endorsement incorporated
Into this Policy following item 28 of Covered Risks: None.
•
•
FlrstAmerican Title
Order Number: 4317-1442463-02
Page Number: 14
•
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand
that you may be concerned about what we will do with such Information — particularly any personal or financial information. We
agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our
parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your
personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may
use information we have obtained from any other source, such as information obtained from a public record or from another person
or entity. First American has also adopted broader guidelines that govern our use of personal Information regardless of its source.
First American calls these guidelines its Fairinformation Values,a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing,the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person,
by telephone or any other means;
• Information about your transactions with us,our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
• Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
Therefore, we will not release your Information to nonaffiliated parties except: (1) as necessary for us to provide the product or
service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the
period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality
control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or
more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers property and
casualty insurers, and trust and investment advisory companies or companies Involved in real estate services, such as arpraisal
companies, home warranty companies, and escrow companies. furthermore,we may also provide all the information we collect, as
described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other
financial institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer,our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entitles who need to know that information to provide products or
services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy and First American's Fairinformation Values We currently maintain
physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
©2001 The First American Corporation •All Rights Reserved
•
FirstAmerican Tithe
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