04-114 Stocklmeir Purchase and Sale Agreement (x-ref 99-058)msszrmormrwtSWV u m mmrE'P'J!" * d-W' YR
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CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY
UNDER THREAT OF CONDEMNATION
This CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY UNDER
THREAT OF CONDEMNATION ("Contract") is entered into as of Jul/ 1, 1999, by and between Alan
L. Stocklmeir, Janet Stocklmeir Trankle, Pamela T. Stocklmeir, and Kurt M. Stocklmeir, as tenants in
common, as to Parcel 1, 2, and 3 and Alan L. Stocklmeir, Trustee of the Alan Stocklmeir Revocable
Trust, Dated February 25, 1998, as to Parcel Four (hereafter referred to as "Sei!er"), and the CITY OF
CUPERTINO, a California municipal corporation (hereafter referred to as "Buyer").
WHEREAS, the City has expressed interest in purchasing the Property which is the subject of
this Agreeme;it since Seller acquired title to the Property. The City intended to obtain the Property by
exercise of its powers of imminent domain in the event the Parties were unable to agree on the terms of
sale. The Parties acknowledge that the terms of sale have been agreed upon in lieu of condemnation
aT'\d under threat of condemnation.
PURCHASE AND SALE
On the terms and conditions set forth in this Contract, Seller agrees to sell and convey, and
Buyer agrees to purchase, the following property (hereafter collectively referred to as the "Property"):
A. The real property situated in the City of Cupertino, Santa Clara County, California ·
designated herein as Parcel l, 2, 3 and as more particularly described in Exhibit "A," which is attached
to this Contract and incorporated herein by reference (Parcels 1, 2, 3).
B. The real property situated in the City of Cupertino, Santa Clara County, California
designated herein as Parcel 4 and as more particularly described in Exhibit "B," which is attached to
this Contract and incorporated herein by reference (Parcel 4).
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C. All buildings, structures and improvements located on the real property.
ARTICLE I i
PURCHASE PRICE
1.1 Amount. The purchase price for the Property shall be Six Million Dollars ($6,000,GOO)
(the "Purc!?-ase Price"). For Seller's accounting purposes only, the Purchase Price shall be allocated
between the items of Property as follows:
Parcels 1, 2, 3 $5,957,500
Parcel 4 $ 42,500
Total :F6J 0,000
Seller shall p:iy to Buye· the aggregate amount of any deposits and prepaid rents pursuant to
Section 2.2 below. Real pr(>po..:ny taxes and assessments, rents and utilities shall be prorated pursuant
to Section 2.3 below.
1.2. Te1ms of Payment. The Purchase Price shall be payable by Buyer to Seller in cash (as
defined in Section 2.2 bebw).
ARTICLE 2
ESCROW
2.1 Q£cning of Escrow. An escrow sh~ll be opened to consummate the sale of the Property
according to the terms of lhis Contract at the office of Fidelity National Title Company, 10300 South
DeAnza Blvd., #A, Cupertino, CG!ifomi.a 95014 Attn: Diane Patrick (Escrow no. 311100) (hereafter
referred to as the "Escrmv Holder"). The escrow shall be opened by the parties within ten ( 10) days
after the Effective Date by executing and delivering to the Escrow Holder written escrow instructions
consistent with the terms of this Contract. Written escrow instructions regarding the disposition of
funds nnd docmnents upo,: the Close of Escrow in accordance with the terms of this Contract shall be
i:;repared by e:.:ich pany, an<l lhe instructions shall be signed by the parties and delivered to tL; Escrow
Holder at least five (5) days prior to the Closing Date (or, if the Closing Date is extended pursuant to
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Section 2.2 below, then at least five (5) days prior to the expiration of the applicable extension period).
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Buyer and Seller shall also deposit \Vi th the Escro'.v Holder all instruments, documents and other iiems
required pursuant to the tcnm of this Contract and identified in the escrow instructions or required by
the Escrow _Holder to close the sale on the Closing Date (or the expiration date of the applicable
extension period).
2.:2 Cl<:Jse of Escrow; Closing D2te. The close of escrow (the "Close of Escrow'') shall be the
date the Grant Deed (as defined in Section 3.J(d) below) is recorded and shall occur no later than July
1, 1999 (the "Closing Date").
2.3 Prorations. The following shall l:,e prorated between Seller and Buyer cin the basis of a
thirty-day month as of the Close of Escrow: real property taxes, general and special assessments,
cum:nt monthly rentals under any rental agreements (as described in Section 3.1 (a) below) and
utilities. Uncam~d deposits, prepaid rents, and security deposits shall be paid by Buyer.
2.4 Closing Costs All buy;::r and seller closing costs shall be paid by Buyer, including without
limitation, escrow title fees, County tnmsfer taxes.
ARTICLE 3
ADDITIONAL TERMS AND CONDITIONS
3.1 Title.
(a) Existing Occupant. Buyer acknowledges that as of the Effective Date, Richard and
Claudia Guzman, and Louis Rogers Bustamante, (the "Tenants") occupy on a month to month basis
portions of the Property pursuant to the terms of those certain Rental Ag1eements dateJ November 17,
1995 and February 1, 1999, copies of which are attached hereto as Exhibits "C" and "D" respectively.
Buyer further acknowledges that it has received and reviewed a copy of each Rental Agreement prior ·
to the Effective Date. Buyer acknowledges and agrees that the premises under the two agreements
include approximately 1,500 square feet (main house and studio) of space used for residential
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purposes. Buyer agrees that said knants, above dcs.::ribcd, may continue to occupy their respective
premises on a month to month basis for a period of at least six (6) months from date of close without
increase in rental charges, provided they comply with their respective rental agreements.
· (b) For a period not to exceed one year after close, Seller shall be allowed to utilize 850
square feet located at 22120 Stevens Creek Boulevard rent free for the sole purpose of storing the
following: Construction materials, furniture, artifacts, miscellaneous.
Durir:g said storage period, Seller will indemnify, defend and hold Buyer harmless from
any claim by any person against Buyer resulting from Seller's storage, maintenance, or removal of said
items above described.
The utilization of the storage area by Seller is subject to Buyer's rights of reasonable
entry and/or in::;pection. Seller shall obey any and alt directions or orders issued by Buyer made in its
governmental capacity regarding the above-described st01age.
(c) Preliminary Title Report. Attached hereto as Exhibit "E" is a copy of that certain
preliminary title report of the Property dated as of June, 9, 1999, issued by Fidelity National Title ..
Company, Order No. 311100-B (the "Title Report"). Buyer acknowledges that Buyer has, prior to the
Effective Date, received, reviewed, and approved a copy of the Title Report together with copies of all
underlying documents.
3.2 Inspection b~yer. Buyer acknowledges that, prior to execution of this agreement,
Buyer has perfonned various types of inspections of the Property. Buyer further acl;-_aowledges that
such inspections have included, witi-1out limitation, inspections of interior and exterior electrical and
plumbing systems, structural systems, roofs, parking lots, fences, bridges, the well and water storage
and pumping facilities. Buyer, based upon said inspections, agrees to accept the property "AS IS,"
without w'.:lrranty expressed or implied relating to the Property condition or Buyer's intended use.
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3.3 Miscellaneous Conditions o[ Buyer's Obligation. The Close of Esc:ow and Buyer's
obligation to purchase the Property pursuant to this Contract are subject to the satisfacti.on of the
following conditions, which arc solely f0r Buyer's benefit:
(a) Transfer of Title .. Conveyance to Buyer on the Close of Escrow of title to the
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Property. as evidenced by the willingness of the Escrow Holder to issue an CLT A title insurance
policy (the "Title Policy'') in the full amount of the Purchase Price, insuring that title to the Property is
vested in Buyer free and clear of ali liens, encumbrances, conditions, covenants and restrictions, other
than the lien of real property taxes and assessments not yet due and payable, the lien of supplemental
taxes, the title exceptions shown on the Title Report, all other matters of record, all matters which
would have been disdo~ecl by investigation or inquiry, and any preprinted exceptions to coverage
under the Title Policy.
(b) Related Documents. Deliver)' by Seller to Buyer within ten (10) days after the
Effective Date of the originals or true copies of the following items relating to this Contract and the
Property:
1) The declaration page of all insurance policies listed in Exhibit "F," which are
attached to this Contract and hereby incorporated by reference.
2) Tenant's Estoppel Certificates. Delivery by Seller into escrow on or before
the Close of Escrow of an estoppel certificate listed as Exhibits "G" and "H," which are attached to
this Contract and hereby incorporated by reference, completed and signed by each Tenant.
3) Deli'1..:::-y of Possession. Delivery by Seller of possession of the Property to
Buyer with all keys currently in the possession of Seller immediately upon the Close of Escrow. Such
possession shall be subject to any rights of the Tenants under the rental agreement described in
Exhibits "C" and "D."
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1 ( d) Grant Deed. Delivery by Seller into escrow on or before the Close of Escrow of a
·grant deed in the same form us Exhibit ''I'" (the "Grant Det~d"), which is attached to this Contract and
hereby incorporated by reference, duly executed and acknowledged by Seller.
(e) Seller's Performance of Agreement. Seller shall have performed all of the
obligations to be performed by Seller pursuant to the terms of this Contract within the time periods
prescribed herein
(f) Seller's Representations and WalTanties. All representations and warranties of
Seller contained in this Contract shall be true and correct on and as of the Close of Escrow as though
such representations and warranties were made on and as of the Close of Escrow.
Except as prbvided herein, if ariy of the above conditions are not satisfied or
deemed satisfied on or before the earlier of the Closing Dai:e or the times specified hereinabove, then
Buyer may, prior to the Closing Date, either (I) waive such condition in writing and proceed with the
purchase of the Property, or (ii) terminate this Contract by delivering written notice to se. In the event
that Buyer terminates this Contract due to the breach by Seller of any warranty of Seller contained in
this Contract, then 8dler shall pay any escrow cancellation foes reasonably required by the Escrow
Holder.
A.RTICLE4
WARRANTIES AND AGREEMENTS OF SELLER
4.1 Warranties of Seller.
(a) Warranty as to Insurance Policies. Seller warrants that, based upon Seller's actual
knowledge, Exhibit "F" contains a true and complete list of all of the insurance policies insuri~g the
Property as of the Effective Date and correctly sta:es for each policy 1) the policy number; 2) the name
of the insurance company that issued the policy; 3) the term and expiration date of the policy; 4) the
premiums; and 5) the nature and type of the-policy.
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(b) _Warranty as to Litigation. Seller warrants that Seller has no actual or constructive
knowledge of any pending litigation involving the Property as of the Effective Date.
( c) Warran~y as to Defaults. Seller warrants that Seller has nu actual or constructiv~
knowledge-of any defo.ult under any contract, agreement, lease, instrument, encumbrance, or
transaction relating to the Property as of the Effective Date.
(d) Warranty as to Violations. Seiler warrants that, based upon Seller's actual
knowledge, Seller has not received any written notice of any violation of any applicable code, statute,
regulation, ordinance or judicial order pertaining to the Property within a period of five (5) years
preceding the Effective Date.
(e) Warr~~!o Material Defects. Seller warrants that Seller has no actual
knowledge of any material iatent defect with respect to the physical condition of the Real Property,
including, without limitation, the presence or absence of Hazardous Materials on or under the Real
Property or in the groundwater beneath the Real Property. Seller makes no warranty as to the
condition of the improvement on the property.
(t) Warranties as of Close of Escrow. All warranties of Seller contained in this Section
4. l shall be true and correct on and as of the Close of Escrow.
4.2 Indemnitx. Seller agree~ to indemnify, defend anci hold Buyf!r harmless from any costs,
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expenses (including attorneys' fees), charges, damages, claims, losses, liabilities and actions for
personal injury or death in connection with any incident occurring on the Property prior to the Close of
Escrow. Seller's obligations under this Section 4.2 shall survive the Close of Escrow.
ARTICLE 5
WARRANTIES AND AGREEMENTS OF BUYER
5.1 Assignment ofRcnta!Agreements/Estoppel Certificates. Buyer agrees to assume on the
Close of Escrow all of Seller's obligations and liabi lnies under the rental agreements described in
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Exhibits "C" and "D." The Estoppel Certificates, d~scribed in Exhibi~s "G" and "H," shall provide
that the Tenant consents to the assignment by Seller of Seller's interest under the rental agreements to
Buyer.
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5.2 "As-Is" Acquisition. Buyer acknowledges and agrees that Buyer's purchase of the Property
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is "As-Is" in the state and condition existing as of the Cl.ose of Escrow. Buyer hereby expressly
acknowledges that neither Seller (except as expressly set forth in Section 4.1 above) nor Seller's
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Agenti have made any warranties, representations or statements regarding the physical condition,
suitability and/or operations of the Property, including, without limitation, any representations, .
warranties, or statements regarding the topography, climate, air, groundwater and soils conditions or
any other physical part or aspect of the Property; the presi;:nce or absence of Hazardous Materials on or
under the Property or in the groundwater beneath the Property; purposes for which the Property may be
suited; utilities; drainage; the well located upon the Property; access to public roads, proposed routes or
roads or extensions thereof; affecting the Property; the condition of title to the Property; compliance
with applicable building codes or other applicable laws; the development or marketability of the
Property for any use whatsoever. Buyer ack.nowiedges and agrees that Seller's cooperation in
connection with Buyer's inspection and due diligence review of the Property and its operations,
whether by providing preliminary title reports or other documents regarding the Property, or permitting
inspection of the Property shall not be construed as any warranty, express or implied, of any kind with
respect to the Property, or with respect to the accuracy, completeness or relevancy o~ any such
documents, except as otherwise expressly provided in Section 4.1 above. Buyer acknowledges and
agrees that Buyer is acquiring the Property subject to all existing laws, ordinances, rules and
regulations, and that neither Seller nor any of Seller's Agents have made any warranties,
representations or statements regarding Buyer's ability to obtain any approvals, or regarding any laws,
ordinances, rules or regulations of ahy g~ve~mental or quasi-governmental body, entity, district or
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agency having authority with icspect to the ownership, possession. development, occupancy, condition
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andJor use of the Property. Buyer represents and warrants that, as of the Close of Escrow, Buyer has
no knowledge of any breach by Seller of any warranty set forth in Section 4.1 above.
The terms and provisions of this Section 5.2 and Buyer's representations, wananties,
agreements and obligations hereunder shall survive the Close of Escrow.
ARTICLE 6
MISCELLANEOUS PROVISIONS
6.1 Loss, Destruction, and Condc:mnatiof1:. If: prior to the Close of Escrow, all or a material
part of the Property is destroyed without fault of Buyer or Buyer's agents, employees or consultants, or
is taken by eminent domain by any governmental entity other than Buyer or related agencies or entities
of Buyer, Buyer shall be entitled to either (i) purchase the Property, without any reduction to the
Purchase Price, in which event Buyer shall be entitled to receive on the Close of Escrow any insurance
proceeds or condemnation proceeds re.ceived or payable to Seller in connection therewith, or (ii)
tenninate this Contract; provided, how~ver, that if a material part of the Property is so destroyed, Seller
shall have the right (but not the obligation) to repair said damage prior t0 the Close ,of Escro\Y at its
own cost and expense, in which event Buyer shall have no right to receive any insurance proceeds
received or payable to Seller in connection therewith or to terminate this Contract.
6.2 Time of Ess~. Time is of the essence in this Contract.
6.3 Notices. Any notice, tender, delivery, or other communication pursuant to this Contract
shall be in writing and shall be deemed to be properly given if delivered, mailed, or sent by wire or
other telegraphic communication in the manner prov,ided in this Section to the following pi~rsons:
(a) If to Buyer: Director of Public Works
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
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(b) If to Seller: Alan Stocklmeir
l 0240 Stonydale
Cupertino, CA 95014
Either party may change its address for these purposes by giving written notice of the change to
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the other party in the manner provided in this Section 6.3. If sent by mail, any notice, delivery, or
other communication shall. be effective or deemed to have been given forty-eight (48) hours after it has
been deposited in the United States mail, duly registered or ce1tified, with postage prepaid, and
addressed as set forth above. If ".lent by wire:: or other form of telegraphic commw1ication, any notice,
delivery, or other communication shall be effective or deemed to have been given eight (8) hours after
it has ber.n deposited with Western Union, or other carrier, prepaid and addressed as set forth above,
except that any payments required under this Contract shall be considered paid only upon receipt.
· 6.4 Entire Agreement. This Contract and the attached Exhibits constitute the entire agreement
between the parties relating to the sale of the Property. Any prior agreements, promises, negotiations,
or representation-; not expressly set forth in this Contract are of no force and effect. Any amendment
to this Contract shall be of no force and effect unless it is in v.Titing and signed by Buyer and Seller.
6.5 Attomexs' Fees. If any action, proceeding, or arbitration arising out of or relating to this
Contract is commenced by either party to this Contract or by the Escrow Holder, then, as between
Buyer and Seller, the prevailing party shall be entitled to rece.ive from the other party, in addition to
any other relief that may be granted, the reasonable attorneys' fees, costs, and expenses inc1 .. med in
such action, procef!ding or arbitration by the prevailing party.
6.6 Binding Effect. This Contract shall be binding on and inure to the benefit of the parties to
this Contract and their respective stlccessors and. permitted assigns.
6.7 Governing Law. This Contract and the legal relations between the parti.es shall b~ .
governed by and construed in accordance with the laws of the State of California
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6.8 Headings. The headings of the articles and sections of this Contracl: are inserted for
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convenience only. They do not constitute part of this Contract and shall not be used in its construction.
6.9. Waiver. The waiver by any party to this Contract of a breach of a11y provision of this
Contract shall not be deemed a continuing waiver or a wavier of any subsequent breach of that or any
other provision of this Contract.
6.10 Further Documents and Acts. Each party shall execute, acknowledge and deliver or cause
to be executed, ac!mowledged and delivered such further instruments and documents, and shall
perfom1 such further acts, as may be necessary to effect the intent and purpose of this Contract.
6.11 Survivability. All representations and warranties of the parties expressly set forth herein
shall survive the Cfose of Escrow or earlier termination of this Contract. The obligations of the parties
. shall survi\re the Close of Escrow 'and/or the earlier tem1ination of this Contract as required herein . ... ·
6.12 Wananty of Authority.
(a) Authority of Seiler. Seller warrants that Seller, Alan L. Stocklrneir, is the Trustee
of the Alan Stocklmeir Revocable Trust Dated February 25, 1998, and is authorized to execute this
document on behalf of the Trust.
(b) Authority of Buyer. Buyer warrants that the signatories to this Contract are
authorized to execute the Contract on its behalf; that the required number of council persons of the
City Council of the City of Cupertino have approved this transaction and authorized the execution of
this Contract; and that a certified copy of the resolution of the City Council authori.zing this transaction
and execution of this Contract is attached to this Contract as Exhibit "I" and hereby incorporated by
this reference.
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Its:
BUYER:
CITY OF CUPERTINO, a California
municipal corporation
{e_ \ I'~,-By: ~/ &_,U· ~U
MAYOR, CITY i CUPERTINO
ATTEST:
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-. EXHillIT "A"
Order No. 311100 -8
EXHIBIT "ONE"
PARCEL ONE:
Beginning at the point of intersection of the Southerly line cf the Stevens Creek Road, as it formerly
existed 40·feet v.ride, with the center line of Stevens Creek: thence in a general Southerly dlrection along
tt1e center line of Stevens Creek the follO\-ving courses and distances: South 48 • 30' East 110.55 feet:
South 59• 45' East 132.00 feet; South 45~ E'ast 162.03 feet; South 0 3T East 122.10 feet; South 4" 8'
West231.66feet; South 24~ West 8026foot; South 36J 0 West199.32 feet; South 25° West 54.12 feet;
and South 36" 30' West 107.38 feet to a station designated D.S.5 from which a sycamore 14 inches in
diameter marked B.T .D.S.5 bears South 36° 45' East 17.82 feet; thence leaving the center line of
Stevens Creek and running along the Easterly line of Monta Vista Park, the Map of which is of record
in Book "P" of Maps, page 19, Santa Clara County Records, and along the Easterly line of Inspiration
Point, Manta Vista, the Map of which ls of record In Book "PM of Maps, page 18, Santa Clara County
Records, the following counses CJ,nd distances: North 4" 41' West 339.24 feet to a station designated
D.S.r; Notth 4" 11' West 191.40 feet to a pipe; and North 12° 1' West 448.00 feet to a pipe at the
Northeasterly comer of s3.id Inspiration Point, Monb Vista: thence North 37'' 42' West 13.00 feet to a
pipe on said Southerly ll11e of Stevens Creek Road: thence along said Southerly line of Stevens Creek
Roc.d, North 89 ° East 84.48 feet to the point of beginning, being a portion of the San Antonio Rancho,
and being shown upon thcit certain Map entitled "Map of a Survey made for Adelheid M. Stocl<lmelr Jn
the San Anton lo Rancho", which Map was tiled for record in the office of the Recorder of the County of
Santa Clara, State of California, on December 29, 1915, in Book "OM of Maps, page 88.
Excepting therefrom al! that certain land conveyed to The City of Cupertino, a Municipal Corporation
recorded September 29, 19RF) as instrument No. 8962038 in Book: J861, Official Records, page 2072,
more particularly described , follows:
Being a portion or the San Antonio Rancho being more particularly described as follows:
Beginning at a point in the Easterly bcundaryot-rract No. 5915~ rec-orded in Book 384 of Maps at pages
18 <:nd 19, Santa Clara County Records, said point being the Northeasterly boundary comer cf "Lot 30"
as shown upon said Map:
Thi:mce from said point of beginning, along s.aid Easterly boundary line of -Tract No. 5915", North 11 •
58' 43" West 42.00 feot to the Northeasterly boundary corner of the "Map of Inspiration Point. Manta
Vista". as recorded in Book "P" of Maps at page 18, Santa Clara County Records, said point also being
the ''Tract No. 5915" and designated as "Stevens Creek Blvd:;
Thence leaving said Easterty boundary line of "Tract No. 5915". North 37• 55' 03" West 5.80 feet to the
intersection thereof with a non-tan9ent curve having a radius of 988.01 feet, the radius point of which
bears South 13 • 18' 30H East, sald point being the True Point of Beginning of this description;
Thence from said True Point of beginning, Easterly on the arc of said curve, through a central angle of
D" 12' 43", for c:n arc length of 3.66 feet to a point of compound curvature; ·
Thence continuing Easterly on t.'le arc of a curve having a radius of 35.00 feet: through a central angle
of 27" 21' 15", for an arc length of 16.71 feet to a point of reverse cwvature;
Thence continuing Easterly on the arc of a cLirve having a radius f 20.00 feet: through a central angle
of 25" 19' 20", for an arc length of 8.84 feet, a radial at said point bears South 11" 03' 52" Ea-st;
Thence North 78 ·=· 56' 08" East 6.62 feet;
!hence North 82° _57 52" East .. 42.66 feet to a point in the centerline of Stevens Creek. said point being·
1n the Southerly nght of way line of Stevens Creek Boulevard ( 40.00 feet wide as it formerly existed);
Thence along said Southerly right of s.<iy line cf Stevens Creek Boulevard South 88 • 46' 38H West 81. 76
feet; / · · ·· · · · '
Thence !'3aving said South'9rly right ohV<JYlirie of Stevens 'Creek Boulevard, South 37° 55' 03" East 6.57
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Order No. 311100 -B
feet to the TrL1e Point of Beginning.
0PARCE~_i)
All of Lots 30 and 3·1. shown en the Map entitled, "Tract No. 5915 The Meadows of CupertinoM, 'f>.'.hich
Map was filed for record in the Office of the Rec.order of the County of Santa Clara, state of Calfiorn1a on
November 30, 1976, in Book 384 of Maps at pages 18 and 19.
PARCt:L THREE:
The exclusive right to travel over the hereinafter described parcels of land for agricultural purposes as
are Interpreted and provided for under "A (Agricultural) Zone" use including use for habitational
accommodations nov: a part of or to be provided for under· A (Agricu!tural) Zone" activities to and from
the lands of the Grantee herein to Scenic Boulevard:
All that portion of lot 29, shown. on the Map entitled, "Tract No. 5915 The Meadows of Cupertino", which
said Map was 'filed for record in the office of the Recorder of the Courrl.y of Santa Clara, State of California
on November 30, 1976 ln Book 384 of Maps, at pages 18 and 19, described ~s follows:
Parcel 1:
Beginning at a point on the Westerly line of that certain 4.851 Acre Parcel as said Parcel is shown upon
the Map of a Survey made fur Adelheid M. Stocklmeir in the San Antonio Rancho, a Map of which i:s filed
for record in Book "o· c1f Maps, page 88, Santa Clara County Records, distant thereon along said
Westerly line North 2'' 15' 00" West, 3-39.24 feet and North 7° 15' 00" West, 87.54 feet from the most
Southerly corner of said 4.85'1 acre parcel marked on said M<ip as DS5, thence leaving said Westerly
line of 4.851 acre parcel, Sou+J1 82° 45' 00" West, 26.53 feet to the intersection thereof with a curve
whose radial bears South 73 ~ 40' 'l 9" East, from the center of the curve through the said point of
lnters.cction; thence on a curve to the right havir.g a radius of 25 feet, through a central angle of 112 ° 39'
51 ",fur an arc length of 49.16 feet; thence North 53 ~ 00' 28" West, 55.00 feet to beginning of a tangent
curve; thence on ei curve to the left having a radius of 204.00 feet, through a central angle of 23~ 00'
00"~, for an arc length of 81.89 feet; thence North 74" 00' 28' West, 63.75 feet to the beginning of a
tangent cuive,: thence on a curve fo the left having a radius of 104.00 feet, through a central angle of 8°
14' 13'', for :an arc length of 14.95 feet to :a point of compound curve: thence on a compound curve to the
left. leaving a radius of 20.00 feet, through a centrnl angle of 40 • 59' 26'', for an arc length of 14.31 feet
to the intersection of the Easterly line of Scenic 8oultward; thence along said Easterly line, North 0° 08'
54" East, 38.94foet to the intersection thereof with a curve whose radial bears South 33" 30' 56" West
from the center of a curve through the said point of intersection; thence on a curve to the left having a
radius of 20.00 feet, through a central angle of 29• 16' 47", for an arc length of 10.22 feet to a point of
reverse curve; thence on reverse curve to the right, havlng a radius of 136 feet. through central angle
of 11" 45' 23", for an arc length of 27 .91 feet; thence South 7 4 ° 00' 08" East, 63.75 feet to the beginning
of tangent curve; tf-ience on a curve to the right having a radius of.236 .. 00 feet, through a central angle
of 23~ 00' oo~ I for an arc leng1h of 94.74 feet; thence South 51 • 00' 20· East, 20.69 feet to the beginning
of a tangent curve; thence on a curve to the left, having a radius of 20.0G feet, through a central angle
of 48 • 15' 05", for an arc length of 16.88 feet ta a point of reverse curve; thence on a reverse curve to
the right, having a r-adius of 25.00 feet, through a central angle of 73• 25' 51M for an arc length of32.04
fecl;thence North 82" 45' 00" East, 26.53 feet to the intersection thereof with said Westerly line of said
4.851 acre parcel; thence along said Westerly line, South 7° 1 s· QOM East, 2.0.00 feet to the point of
beginning, ancl being all that portion of said Lot 29 lying within Stocklmeir Court, as said Court is shown
on s.aid recorded Map and that portion of said Lot 29 lying bel:INeen the line of said Lot 29 as -contained
within the ~bove described property. -
Parcel 2:
Beginning at a point c1n the Westerly line of that certain 4.851 acre parcel as said parcel is shown upon·
the fl,l\ap of~ Survey i:;ia9e for Adelheid M. Stocklmeir In the San Antonio Rancho, a Map of which if filed
for recor~ in Book .o ,of ~aps, page 88, Santa Clara County Records, distant thereon along said
Westerly line !'Jorth 2 15 00 WEst. 205.6? feet ~rom the most Southerly corner of said 4.51 acre parcel
marked .... n s.a1d Map by DS5; thence leaving said Westerly line of 4.851 acre parcel South Br 59' 32"
West, 6.45 feet to the intersection with a .curve whose radial bears South 68" 25' 46" East, from the
center of the curve through the said point of intersection ; thence on a curve to the right having a radius
Order No. 311100 • B
I
of 25 feet, through a central angle of gg• 42' 06'", for an arc length of 43.50 feet to a point of reverse
curve, thence. on a reverse curve ta the left, having a radius of 20.0-0 feet. through a central angle of 40•
'47' 14" for an arc length of 14.24 feet to a point of compound curve; thence on compound cuivo to the
left. ha~ing a radius of 209.00 feet through a central angle of 7• 29' 34" for an arc length of 27.33 feet:
thence South 72 • 59' 32u Westi 106.00 feet to beginning of a tangent cuive; thence on a curve to the
right h:aving a radius of 103.00 feet, through a central angle of 48 ° 30' 00", for :an arc length of 87.19
feet; thent".e North sa· 30' 28M West, 106.00 feeet to beginning of a tangent curve, thence on a curve to
the right having a radius of 103.00 feet, through a central angle of 48 30' 00", for an arc length of 87.19
feet, thence North 58° 30' 28" 'Nest, 19.62 feet to the beglnning of a tangent curve; thence on.a curve
to the left, having a radius of 2000 feet through a central angle of 37" 54' 44", for an arc length of 13.23
feet 'ix> the intersection thereof ·with a curve of the Easterly line of Scenic Boulevard bears South 77° 13'
1 S' east, from the center of the curve through the point of intersection; thence along the said cuNe of the
Easterly line of Scenic Boulevard on a cuive to the left having a radius of 415.00 feet, through a central
angle of a~ 06' 18", for an arc length of 39.14 feet to the intersection thereof with a curve whose radial
bears South 82° 3T 27" East, from the center of curve through the point of intersection, thence on a
curve to the left, having a radius of 20.00 feet, through a central angle of 8 • 06' 18", for an arc length of
2083 feet; thence South 58 ° 30' 28" East, 43.37 feet to the beginning of a tangent curve; thence on a
ctJrve to the left, having a radius of 71.00 feel; through a central angle of 48• 30' 00", for an arc length
of 61.10 feet; t'ience North 72 ~ 59' 32" East. 1 f>G.00 feet to the beginning of a tangent curve; thence on .
a curve to the right, having s radiu::; of 241 teat, through a central angle of s· 36' 47• for an arc length
of36.23 feet to a point of reverse curve; thence on a reverse curve to the left, having a radius of 20.00
feet, through a central :angle of 33 • 47' 42", for an arc length of 11.80 feet to a point of reverse curve;
thence on a rF.1verse curve to the right, having a radius of 25.00 feet, through a central angle of 106° 36'
·14·, for an a.re length of 46.51 feet; thence North B7• 59' 32• East, 6.37 fest to the intersection thereof
with the ssid Westerly line of that 4.851 acre parcel; thence along said Westerly line, South 2 .. 15' 11"
East, 20.00 feet to the point of beginning, and being all that portion of said Lot 29 lying within Dean Court
as said Court is shown on said rE>corded Msp and those portions of Lots 29 and 31 lying between the
line establishing the Easterly terminus of said Court' and the Easterly lin of Lot 31 as contained within
the above described property .
. ;
I
EXHIBIT "B"
PARCEL 4:
I
Lot"B" as laid down, designated and delineated upon that certain Map entitled "Map of Russell Hurst,
Monte V!Sta", which Map was recon:led in the Office of the County Recorder of the County of Santa Clara,
State of California on April 11, 1917 in Book ~p" of Maps at Page 22.
Assessor's Parcel No: 357-09-053
. I
5
I
RESIDENTIAL MONTH-TO-MONTH RENTAL AGREEMENT EXHIBIT "C'
Tll!S IS INTENDED TO BE A LEGALLY BINDING AGREEMf.NT -READ IT CAREFULLY.
CALtFOnN1A ASSOC~ATKJN Of: REAL TOASlllJ fCAAJ STANDARD FOAM
-. ~ze,:," 4~ .· . ca1itorrn 11 &'/ 1s..ff. -~~ ___:;::,~~:;;;r-, Landlord, and -=---=-~ 'L.~u;~~~.ua <4. c·· >•:.y_e:::.E-..::i__ 1 · , Tenanl.,agree as follows:
1. ~RO~{:dtord0 n1s lo Tynan! an<l ;:~:m?l)lires m Land~or lhe " emisas" described as: '2.. '?-./ ?...Q ?~..,..~: ':? .
,.,.--~ .,. ::-~,/ vr.f:_ __ __,r/"s.e//i.r '<-"< . .?. -----. Inventory of personal propetty, If any, lo be atlached.
( 2. TEHM: The term shall commence on ________ '2-_;LL_ 19_2! . and shall conlinue from month to month. This rental agree·ment
"',\. may. be terminated al any lime by eilher party by giving wril1en notice 30 days on advance. ?:'l 3. RENT: Tenant agrees lo pay$ _L~....Lt.!:,22_ rent per month, payable in advance. on lhe ___ _L-$ r. day or each month and
,1 , $ repoesenling proraled rent from , 19 __ 10 , 19 __ .
4. LATE CHARGE: Tenant acknowledges that late payment of rent may causEl Landlord to incur costs and expenses, the exact amount of such costs
~ being extremely ditticun and impro.Ctical lo fix. Such costs may include, but are not limited to, processing and accounting expenses, fate charges that
<\' may be imposed on L8ndlord by 1erms of any loan secured by !he property, costs for acjdilional attem~ls lo collect renl and preparation of no\ices.
~"'-Therefore, if any installment of rent due .!!.2m T~nant is not received by Landlord within ..Lf::2 calendar days alter date t:Jue. Tenant shall pay lo ~ Landlord an addilional sum of S --~'?, .:22 as a late charge which shall be deemed additional rent. The Parties agre9 )hat this late ~ charge represents a fair •1nd reasonable estimal~ of the costs that I andlwd may incur by reason of Tenant's late payments. Accepian~e of any late
r.:harge shall not conslilule a waiver of Tenant's dolsull wilh res~ct lo the past due amount, or prevent Lanotord from exercising any other rights and & remedies under !hos agreement, and as provide<J by '.a~. L" _c:., ,. / /> • L r ~
'i 5. PAYMENT: The rent shall be paid a: /c? '2...'7/'/ ..::>/,r?,,-7 t,/da/e ~ f.....~yCBzr;;;;.,e (t3. .·. ?' S'bc~.
~ 6. SECURITY DEPOSIT:$~ ·---ns a securoty d{posil has been received. Landlo;d may use therefrom such amounts as are
\. reasur.ably nacessary lo r1=medy Tenant's defaull In the payment ol :ant. to •epair damages caused by Tar.ant, or by a guest or a licensee of the
} Tenant, to clean lhri premises. ii necessary, upon termination of tenancy, and lo replace or return personal praperty or appurtenances exclusive of
ordinary wµ,ar and !oar. If used toward 1 ant or damages ouring the term of tenancy, Tenant agrees lo reinstau1 said total securlt/ deposit upon five tl days •.vrillen notice delivered to Tenant in person or by mail. No later than two weeks alter lhe Tenant has vacated the premises, the Landlord shall \ r furnish lhe Tenant with an itemized written statement oflhe basis for, and the amount of, any security received and iho disposition of if.a security and
~ shall return any remaining portion of lhe security to Iha Tenant t-7. UTILITIES: Tenant ayrees to pay for ali u~litlps and servic'Js based upon occupancy of the premises and the following charges:-----.
---~~~c-. Ca.LU~ ---excart--.L?.a£~v~ ~ ... ~ / -~k;fl< · . whic.hshallbepnidforbyLandl"rd.
11, 8. CONDITION: Tenant has examined :he premises and all furniture, furnishings and appliances ii any, and fixtures including smoke detector(!>i
~ contained therein, and accepts the same as being clean, aN:i in operative condition, with the following exceptions:
t 9. OCC,!J.PANTS: i'he premises are f~J the sole use as a residenc& by the following named persons only: ~· 6a..:;?l'-.L ~,-4.at
~ -~r,.14ci S'C.".G.!L~i,..,,.,. ____ _
'j-, 10. PETS: No animal, bird?, pet shall be l<ept on or about the premises without Landlord's prior written consen!, except .
~ 1 11. USF.: Tenant shall n_ot disturb, annoy, endanger or onlerlere with other Tenan:S of the building or neighbors, nor use the premises for any unlawful
,;· purposes, nor v!olals any law or ordinanco. n11r commit waste or nuisance upon or about Iha premisen.
'\ 12. RULES & REGULATIONS: Tenant agrees to comply with a!I CC&A's, ByiavrJ, reasonable rules or regulations, decisions of owners' association
ii'\ which are at any time posted on the premises or d8liversd to Tenant, or adopted by owners' <1ssocia!ion, and to bo liable lo: any lines or charges
'.'. levied due !o violation(s). ~ 13. MAINTENANCE: Tenilnl shall properly use and operate all tu111iture, furnishings and appliances, electrical, gas and plumbing llxtures and keep
1\ them as clean and sanitary as their condition permits. Excluding ordinary wear and tear, Tenant shall notify Lancllord and pay for air repairs or
r~placemants caused by Tenan!(s) or Tenants invitees' ne9ligence or misuse. Tenant's personal property is not insured by Landlord.
1-l. AL TERA TIO NS; Tenanl shall no: paint, wallpaper, add or change locks or m~e alterations to the property-.vilhout Landlord's prior written consent
· 15. KEYS: Tenant qcknowledgos receip\ of.LE:"<' key3 to premises and~ · . · .
-~ At Tenant's expense. Ten'1nl ma-; re-key existing locks and shall doliver duplicate keys lo Landlord upon Installation. f 16. ENTRY: Upon not l!l•<> than 24 hours r.oti.;e, Tenant s~all make tho premises available during normal business hours to Landlord, aulhol'ized agent
' · or represenlati·<a, for the purpose of entering to (a) make necessary or agreed repairs, decorations, allerations 01 improvements or supply necessary
::., or agreed service!!.. or (b) show <he premises''. ;;rnspective or actual purchasers, mortgagees, tenants, or contraclors. In an emergency, Landrord,
~' authorized agent or representative may enl~r !ha prRrnises. ai any lima, without prior permi$Sion from Tenanl
\ t 7. ASSlGNMEM I & SUBLETTINGS: Tenant shall not iet or sublet all or any part of the premises nor assign this agreement or any lnlerest in il
~ 1 B. POSSES~>ION: If Tenant abandons or vacatt;s the premises, Landlord may terminate lllis agreement and regain lawful possession.
\' 19. A TTORNt V FEES: In any action o.r proceedir>g a. sing out of this agreement. the prevailing party shail be entitled lo reasonable attorney's fees .
~ and costs. · i · ~ ' .
;:<., 20. WAIVER: The waiv<;r of any breac11 shall not be cunstrued to be a continuing waiver of aiJY JlUbSeCllJlln~~each. ~·!-~ ~ ,,,-':. ..
~· 21. NOTICE: Notice lo Landlord may be served upon Landlord or Manager at /<? L¥e" ::d'jf""t=~~ L?,g ~4'4~ (4 ":;.tq/Y-: ".
j. 22. ESTOPPEL CERTIFICATE: Withi; 10 days after written notice. Tenant agrees to execute and deliver an estoppal cer1ificale as submitted by
'' Landford ackno-Ntedging that this agreement is unmodi"ed and in full force and effect or In full lorce and effect as modified and stating. the ~ modifications. F:\ilure to comply shall be deemed Tenants ackt o0wledgemenl that the certifica.le as submitted by Landlmd Is true and correct and
, \}, may be relied upon by a lender or purchaser.
f; 23. ADDIT10NAL TER~AS AND CONDITIONS: •
~ 24. ENTIRE CONTRACT: Time is o! the essence. All prior agreeme-nts between the parties are incorporalc:d in this agreement which constitutes lhe f or.lire contract. Its terms are intended by the parties as a final expression of !heir agreement with respect :o such terms as are included herein and
may not ba contradicted by evidence of any prior agreeme!lt or contemporaneous oral agreemenl The parties further Intend that this aqreemenl
\ \ conslitvies the cumplele and exclusiv11 stalemanl of ii~ terms aild that no extrinsic evidence whatsoever may be introduced in any judicial or other
~ proceeding, if any, involving this agre.imenl. j\-25. ACKNOWLEDG~7~:The un,ned have read the f~egoing prior lo execution and aGknowledge r~'ipl of a copy,
~ Landlord ~ •~---Tena<ll__&.j_o.n-P ~&n
• (or authorized agent) ,; J · 1~ ~ Landlord Tenanl L ~ f11.1., L o . xz'\..<'1-<11..-< ·
~ .
~ THIS STANOAl10QEO DIXl.IMENr FOR use tN SJMP!.E m.wsACTlClNS HAS IJEEN Af'f'AOVED BVTI-<E CALJ'ORNIAASSOCIATION CJF~ORS• INFOAMONLY. f-0 REPRESENTATICN IS '\.~ MADE AS TO TH£ APl'flOVlll OF THE' FOAM OF ANY $1.IPf'\.EMEN!S NOT Ctfl.l'<ENTl v PUlUSHE!J BV ~ CAUFDnNIA ASSOOArlONOI' REAi. TORS~OR THE LEGAi. VIJ.JCXfYOfli'lYEQ.JAC'f ~ GF ANY Pl'>OV1SION IN ANY SP!OCA:; rAANSACllCIN. rr SHOt:li' NOT 13€ 1.15£0 N LlJMPl.E)( ~OR Y>1™ OOENSM; ROERS OA A00010NS v; ~ESTATE B.-'104<ER IS 11-<c P(AS()NOUALAEO ro AO'JIS€QN 'if.Al <STAIE 1TWISACrQNS. F '!QJ OESlRELEGAl.ORTAX.~ Cl»ISULT ANAPf'AOPflM'EPAOFESSlONAL
: n~t'lrl'nrt,~lor1...-tivf'tf<~OO~•r.\ft!Jv 1t'91Molhl~...,.ll.r'l1',.....,..,,1U••"drfWU'ro11' "5~1¥..AllOR" PF.ATOR'l'l!I•
...i"-~ffi("(""""-:,,..... ~r-.....-\ wt'-'.'h """~ti& l.G!ld<:ritt t¥ rt.11 ~ ~-'• llA·Q "'" 11,,.....,..,., rl f'4 NATl)N>.L ASSQ:l,.\nQ\t()F' to,.•-..) TOl'lS"' aru......, 1Ub&i..Tb!I bits COOt d l::N::s. ,,
~ Copyri~hl• 1987, CAL/FORNI.A AS<'/~CIATION or; RF.A.L TORS•
~ 515 South VW"Qff Av1~ueo, Los , l:'lg91cs. C3l1l?1ii1a 90020 "••.,•d io•a1 FORM RA-14
I
~ RESIDENTIAL MONTH-TO-MONTH RENTAL AGREEMENT
' . . . . 7HfS IS INTENDED TO BE A Ll;GALL Y BINDING AGREEMENT -READ fT CAREFULLY.
CALIFORNIA ASSOCIATIOI'< OF REALTORS• (CARI STANDARD FOAM
. c:.~&'4"<.:£,.,ef>_ _, C&lifornoa ///17 19~ <i}r&;~zc.u:..z.-. / ,Landlord.and
Lou,-;., /..f.~::z__/J!;.afSta a-u:z.a:ze_ denant,agrueas~._t..
1. PROPERTY: Lllnd~~: t:Tenant ~nd T~nt hir s Ir ~·ndlord Ui~ ;·premises;·~scribed as: 3/44 <.;-et @::f;; 7.4 · I ~~ ""-"' "' · ::T.~ cfl L:r:¥J1'nventory of personal property, If any, to be attached.
2. TERM: The term shall commence on ---'1....&. ' 19~-, and shall conlinue from month 10 month. This rental agreement
may be lerminated al any tirne by ~er p~by giving written notice 30 days 1n advance. /~ 1 .... ~ & '>.
3. RENT: Tenant agrees lo pay$ ..5C2:? --.• rent per mpJllh, payable in advance, on lhe ~~ day of each month and
$ ..!?= represanlingproraledrantlrom t1.fd · ,19 __ :o "'0/a ,19 __ ,
4. LATE CHARGE: Tenant acknowledges thal late payment of rent may cause Landlord lo incur cosls and expenses, the exact amount of such costs
being exttemely dilficull and impractical to fix. Such costs may inc ludo, bu! are not limited to, i:rocessing and ar.counllng expenses, late charges that
may fie imposed on Landlord by tern.; of any loan secured by the property, costs for additional attempts to collect renl, and 1>reparatiori of notices.
Therefore, ii any insli;ilmenl of rer>t due I~ Tenanl is not received by ~andlord within . .Ls2.. calendar days alter date due, Tenant shall pay to
Landlord an additional sum of$ . ,<:O -=.:___ ___ as a lale charge which shall be doerned additional rent. 1'he Parties agree that !his late
charge represents a fair and reasonable estimate of !he costs that Landlord may incur by reason of Tenant's late payments. Acceptance of any late
charge shall l'ot conslltult> a waiver of Tenant's default with respect to the past due a{Tlount, or prevent Landlord from exercising any other rights and
rem\ldies under lhis agreemenl. and as providoo by law . .ti / ~ L., /'I /1 ,...-::
5. PAYMENT: The reni shall ~aid ~/d''l.. ¥?' $~'')'.::::?£ / e 0...k!.. ~#cLr·74' , '-<Z L ?0/y'. .
6. SECURITY DEPOSIT: $_:S.C:.....Q--as a security deoo$it has b<!en rer.eiv&d. Landlord may use therefrom such amounts as <>rP
reasonably necessary lo remedy Tenanl's default In tha paymont of rent, to repair damages caused by Tenant, or by a guest or a licensee of the
Tenant, to clean the premises, if necessary, ypon termination or tenancy, arid to replace or return personal property or api:urtenances exclusive of
ordinary wei.r and tear. If used toward rent or dcmages during the term of lenancy, Tenanl agrees to reinstale said total security deposit upon live
day3 wrilten notice deliv!lred to Tenant in porson or by mail. No later than two weeks after Iha Tenant has vacaled !he premises, the Landlord shall
furnish the Tenant with an itemized writ:en statement olthe basis for, and the amount of. any security received and ih& dlspos.ltlon of the security and
shall return any remaining portion of the security ·10 the Tenant ·
7. UTILITIES: Tenant ~raes to pay p;-all yllli las and services l;ased upon occupancy of lhe premises and the following charges: _....._ __ _
p/~.cV~ 6 77./ ' .
except /. ~ u/, fjJ.4::::6a# __ which shall be paid for by Landlord.
6. CONDITION: Tenant has examined the premises and all lumilure, furnishings and appliances if any, and fixluros including smoke detector(s)
contained therein, and accepts ;e s;;,e as being clean, and in operative condition, with the following exceptions:
;;,........., .:.. Cef~.t!'.:r • 2;:Jl:t ... ~~,...z-·
9. OCCUPANTS: The premises are for Iha sole use as a residence by the following named persons only: --~'""1"7'0"':;<;?"'"--------,..--
1 o. P'ETS: No animal, bird or pet snail bs kepi on or about the premises without Landlord's prior written consent, except ~
11. USE: Tenant shall not disturb, annoy, endanger or interiere with other Tenants or !he building or neighbors, nor use the premises for any unlawtul
purposes, nor violale any law or ordinance. mir commit waste or nui~ance upon or About rhe prnmises.
! 2. RULES & Rl::GULATIONS: Tenant agrees to comply with all CC&R's, B~·Jaws, reasonable rules or regulations, decisions ol owners' association
which are al any lime posled on the premises or delivered to Tenant, or adopted by owners' association, and to be liable for any fines or charges
levied due to violalion(s).
13. MAINTENANCE: Tenant shall properly use and operalo ail furniture, furnishings and appilancos, elec.trlcal, gas and plumbing fixtures and keep
lhem as clean and sanitary as their condlllon permlls. Excluding ordinary wear and tear, Tenant shall notify Landlord and pay for all repairs or
replacements caused by Tenant(s) or Tenanls Invitees' negligence or misuse. Tenant's personal property Is nol Insured by Landlord.
14. ,1L TERA TIO NS: Tenant shlill not paint, wallpaper, add or change locks or make alterations to the property without Landlord's prior written consent
15 KEYS: Tenant acknowledges recaipt ol~keys to premises and'------------------------
At Tenant's expense, Tenar I may re-key existing locks and shall deliver duplicate keys to Landlord upon lnsla.llatlon.
16. ENTRY: Upon not less thari 24 h'JUrs notice, Tenant shall make the premises available during normal business hours to Landlorcf, authorized agent
o~ representative, for lhe purpose of enlerlng to (a) make necessary or agreed repairs. decora~lons. alterations or improvements or supply nocessary
or agreed services, or (bl show the premises to prospective or actual purch11sers, mortgagees, tenants, or contractors. In an emergency, Landlord,
authorized agent or representative may enter lhe premises, at any time, without prior permission from Tenant
17. ASSIGNMENT & SUBLETTINGS: Tenant shall not let or sublet all or any part of the prE!mises nor assign this agreement or any Interest In it.
10. POSSESSION: If Tenant abandons or vacates the·premlses, Landlord may term;nate this agreement and regain lawful possession.
19. ATTORNEY FEES: In any aclicm or proceeding arising out ot this agreement. th9 prevailing party shall be entitled to reasonable attorney's lees
and costs. 7:S: 11'-3·7'f:"1T · ·
20. WAIVER: The waiver of any breacf'I shall not be -::onstrued to be a continuing waiver of a?' ~bsequ'1t tireagt:...., /"1 ~-,,./. ''""""' •l/ '.
21. NOTICE: Nolica to Landlord may be served upon L1mdlord or Managor at.a?~ ;i&!.,,.:;;...' 4· ~~~// ·,
22. ESTOPPEL CERTIFICATE: Within 10 days after written nolice, Ten~nt agrees lo execute and deliver an estoppal certificate as submitted by
Lal'dlorei acknowledging that this agreement Is unmodllied and in full lorco and effoct or in full force and effect as modified and stating lhe
modilicalions. Failure to comply shall be deemed Tenants acknowledgemenl thal the certificate as submitted by Landlord Is true and correct and
may be relied upon by a lender or purch;iser.
23. ADDITIONAL TERMS AND CONDITIONS: ------------------------------
24. EN'TtRE CONTRACT: Time is of the essence. All prior agr8ements between the parties are incorporated in !his agreement which constitutes the
enlire contract. Us terms are il'tended by ths parties as a final expression of their agreement with respect to such ierms as ara Included herein and
may not be con.lradicted b•/ evidence of any prior agreement or contemporaneous oral agreement. The parties further Inland that this agreement
constitutes the complete and exclusive statement of its terms and that no eK~insic evidence whatsoever may be introduced In any judicial or other
proceeding, ii any, involving this agr'llemenl
25. ACKNOWLEDGEME? The undersigned have read the foregoing prior lo execution and acknowledge receipt of a copy.
Landlord ., <-4ii-4 :4/ r::~<--?. /" h. : Tenant /l.vv /i..J:li;;:.;
(or authorized agent) /?/ ;:)f · . 4~ ~ _ '--7
Landlord /l/ft:l..,;r ~~rL,.--" $/Jee Tenant
THS STANOARO!lEO DOCUMENT FOR USE IN SIMPlE ~CTION:; HAS lll'.F.N Af'PC>OYEO BY THE CAUfORNIA ASSOC1AT10NOF FEALTORS• IN FOAMONl Y:NO REPRESENTATION IS 'MDEASTOn-<EAPPROVAl.OFTHEFORMOFNNSIJPPLEMENTSNOICURAENT\.YP\JlllJSllEOBYnlECAlJFORl'MASSOCl~TlONOFFEAl.TlJAS8QRTHELEGoll.VAl..'tllTYOAADeQUACY U' N-N PA;)V1SION IN Wf SPEO!'.C TRANSACnON. rr SHOl.Jl,.D.NOT BE U!lEO tJ COl>'Pl.E:x TIWISACl'U'15 OR l\TTH EXT91..'WE F10ERS ORoAOCmONS. fl •!EAi. EST.\TF. OR:)l(ER IS !HF. PERSON OU•lJ'lEO TO AOV!SE'bN f'l:AL ESTAl"E ffWlSl\CTIONS F YOO DESll1E LEGAi. 0A TAX~ CONSU.T AN APP!10PRATE PAOFEssiofllAl.
n.,bm11~hU¥~ .......... rMl~lfUISty fl'W•1V1~f'll$bnit1rol.._.._~b~ l•uw5'S•f¥..Al T(W..-l'f:.t.a.':'f')R•••
~~~:=~~:~1.91<dr.rtyb\' .... .,._~_., ... ~11hr~t'Q'IAlA$SCO.AllO''OF
& C011y1.c:;;hte T987, CALIFORNIA ASS0cl.l\TION OF REALTORS'*'
~~~~%)~;?"Avenue, Los Angftles. Calllorma 90020 FORM AA-14
R9\1"19Wlfd b~ s,oker or Oes.gn.n ___ .
OFFICE USE ONL Y2J
Dale------
~
';
I
Alan Stocklmeir
10240 Stonydale Dr.
Cupez~ino, Ca 95014
Loui; Bustamante
22120 Stevens Creek Blvd -Studio Apt
Cupertino, Ca 95014
Dear Louis,
1/4/99
This letter is to notify you that effective 2/19/99 your rent
shall be increased $150 to $650 per month. All other terms and
conditions shall remain the same.
In addition, please make your checks out to me since the Trust
ceased to exist on December 31st, 1998.
Sincerely,
~~~£<-l~
Alan Stocklmeir
EXHIBIT "E"
Fidelity National Title Co1npany
10300 South OeA1m1 Ellvd., M., C1Jpertino, CA 95014
(408) 996-71'77 • FAX (408) 252-8029
ESCROW OFFICER: Diane Patric!<
TO: Alan Stocklmeir
10240 Stonydale Dr
Cupertino. CA 85014
PRELIMINARY REPORT
ORDER NO.: 311100 -B
Amendrniant
SHORT TERM RATE: no
PROPERTY ADDRESS: 22120 Steven Creek Boulevard and non~situ;; Orchard St., Cupertino,
California
EFFECTIVE DATE: June 9, 1999, 07:30 A.M.
The form of Policy or Policles of title insurance contemplated by this report is:
Califomla Umd Title Association Standard Coverage Policy -1990
1. THE ESTATE OH INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
A FEE as to Parcel(s) One a'"!d Two and Fcur:
AN i:=ASEMENT more fully dosc;ibad bii!low a:; to Parcel(s) Three
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
SEE EXHIBIT "TWO" ATTACHED HERETO AND MADE A PART HEREOF
3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE Cln' OF CUPERTINO,
IN THE COUNTY OF' SANTA CLARA, STATE OF CALIFORN!A. AND IS DESCRIBED AS
FOL.LOWS:
SEE EXHIBIT MONE-f°l.TTACHED HERETO AND MADE A PART HEREOF
PL T\PL T 04/07/1999
I
I
Order No. 311100 -B
EXHIBIT "TWO"
Alan L. Stocklmeir, J::met Stocklmeir Trankle, Pamela T. Stocklmair and Kurt M. Stocklmeir, as
tenants in common, as to PARCEL ONE, TWO AND THBEE -----·-
and
Ala11 L. Stocklmeir, Trustee of the Alan Stocklmeir Revocable Trust, Dated February 25, 1998,
as to PARCEL FOUR-' .
';
I
Orc;jer No. 311100 -6
EXHlBlT noNE"
PARCEL ONE:
Beginning at the point of intersection of the Southerly line of the Stevens Creek Road, as it formerly
e::Csted 40 feet \11/ide, with the center line of Stevens Creek; thence in a general .:Suutherly direction along
the center line of Stevens Creek ~he following courses and distances: South 48" 30' East 110.55 feet;
South 59• 45' East 132.00 feet; South 45" E<1st 162.03 feet; South 0 37 East 122.10 fQet; South 4" 8'
West231.66 feet; South 24" West8026feet; South 36J• West 199.32 feet; South 25• West 54.12 feet;
arid South 36° 30' West 107.38 feet to a station designated D.S.5 from which a sycamore 14 Inches In
diameter marked B.T.D.S.5 bears South 36° 45' East 17.82 feet; thence leaving the center line of
Stevens Creek and running along the Easterly line of Manta Vista Park, the Map of which is of record
in Book "P" of Maps, page ·19, Santa Clara County Records, and along the Easterly line of Inspiration
Point, Manta Vista, the Map of which is of record In Book "P" of Maps, page 18, Santa Clara County
Records, the following courses and distances: North 4• 41' West 339.24 feet to a station designated
D.S.r; North 4"' 11' West 191.40 feet to a pipe; and North 12° 1' West 448.00 feet to a pipe at the
Northeasterly comer of sa!d Inspiration Point, Monta Vista; thence North 37" 42' West 13.00 feetto :a
pipe on said Southerly line of Stevens Creek Road; thence along said Southerly llne of Stevens Creek
Road, NOJth 89° East 84.48 feet to the point of beginning, being a portion of the San Antonio Rancho,
and being shown upon that certain Map entitled "Map of a Survey made for Adelheid M. Stock!rnelr In
the San Antonio Rancho", which Map was filed for record in the office of the Recorder of the County of
Santa Clara, State of California, on December 29, 1915, in Book "O" of Maps, page 88.
Excepting therefrom all that certain land conveyed to The City of Cupertino, a Municipal Corporation
recorded September 29, 1986 as Instrument No. 8962038 in Book J861, Official Records, page 2072,
more particularly described as follows:
B..:lng a portion of the San Antonio Rancho being more particularly described as follows:
Beginning at a point in the Easterly boundary ot•Tract No. 5915" recorded in Book 384 of Maps at pages
18and19,,Santl Clara County Records, said point being the Northeaster!y boundary comer of"Lot 30"
as shown upon said Map:
Tnence from said point of beginning, along said Easterly boundary line of ·Tract No. 5915·, North 1 ~ •
58' 43" West 42.00 feet to the Northeasterly boundary comer of the "Map of Inspiration Point, Mont.a
Vista". as recorded in Book "P'' of Maps at page 18, Santa Clara County Records, said point also being
the "Tract No. 5915" and designated as "Stevens Creek Blvd.·; ,
Thance leaving said Easterly boundary line of "Tract No. 5915", North 37" 55' 03" West 5.80 feet to the
intersection thereof with a non-tangent curve having a radius of 988.01 feet, the radius polnt of which
boars South 13° 18' 30w East, said point being the True Point of Beginning of this description;
Thence from said Trut} Point of beginning, Easterly on the arc of said curve, through a central angle of
O'' 12' 43", for an arc length of 3~66 feet to a point of compound curvatu~e; ,
Thence continuing Easterly on the arc of a curve having a radius of 35.00 feet; through a central angle
of 27" 21' 15", for an arc length of 16.71 feet to a point of reverse curvature;
Th~nce continuing Easterly on the arc of a curve having a radius f 20.00 feet: through a central angle
of 25" 1 ::-20·, for an arc length of 8.84 feet, a radial at said point bears South 11" 03' 52" Ea'St;
Thence North 79<· 56' 08" East 6.62 feet;
Thence North 82° 57 52" East, 42.66 feet to a point in the centerline of Stevens Creek. said point being
in the Southerly right of way line of Stevens Creek Boulevard (40.00 feet wide as it formerly existed);
Thence along said Southerly right of say line of Stevens Creek Boulevard, South 88 • 46" 3a· West 81. 76
feet;
Thence leaving said Southt1riy right of'..vay Une of Stevens Creek Boulevard, South 37° 55' 03" E:<ist 6.57
3
I Order No. 311100 -B
feet to the True Point of Beginning.
PARCEL@_~-~)
All of Lots 30 and 31, shown on the Map entitled, "Tract No. 5915 The Meadows of Cupertino", "".hlch
Map wa~ filed for record in the Office of the Recorder of the County of Santa Clara, state of Ca!fiorn1a on
November 30, 1976, in Book 384 of Maps at pages 18 and 19.
PARCEL THREE:
The exclusive right io tr;ave! over the fiereinafter described parcels of land for agricultural purposes a:s
are interpreted and provided for under "A (Agricultural) Zone" use including use for habitational
accommodations now a part of or to be provided for under "A (Agricultural) Zone: aci:ivities to and from
t.he lands of the Grantee herein to Scenic 801Jlevard: ·
All that portion of lot29, shown. on the Map entitled, "Trnct No. 5915 The Meadows of Cupertino", .whl~h
s:aid lvlap was filed far record in the office of the Recorder of the County of S~nta Clara, State of California
on November 30, 1976 in 8ook3S4 of Maps, at pages 18and19, descnbed as follows:
0 ' •
Par\;el 1:
Beginning at a point on the Westerly line of that ce1tain 4.851 Acre Parcel as said Parcel Is shown upon
the Map of a Survey made for Adelheid M. Stot~k!meir in the San Antonio Rancho, a Map of which is filed
for record in Book "o· of Maps, page 88, Santa Clara County Records, distant thereon along said
Westerly line North 2"' 15' 00" West, 339.24 feet and North 7° 15' 00'" West, 87.54 feet from the most
Sou1herly comer of said 4.851 acre parcel marked on said ~ . .flap as DSS, thence leaving said Westerly
line of 4.851 acre parcel, South 82 • 45' OC" West, 26.53 feet to the intersection thereof with a curve
whose radial bears South 73" 40' 1g' East, from the center of the curve through the said ooint of
lnterseciion: thence on a cu1Ve to the right having a radius of 25 feet, through a central angle of 112 • 39'
51 ",for an arc l<ingth of 49.16 feet; thence North :33 ~ 00' 28'' W1;;st, 55.00 feet to beginning of a tangent
curve; thence on a curve to t'le left having a radius of 204.00 feet, through a central angle of 23• 00'
00"", for an arc length of 8'1.89 feet; thence North 74 • 00' 28' West, 63. 75 feet to the beginning of a
ta11gent cuive.: thence on a curv3 to the left having a radius of 104.00 feet, through a central angle of 8 °
14' 13", for an arc length of 14.95 feet to a point of compound curve: thence on a compound curve to the
left, le--<Ning :a radius of 20.00 feet, through a central angle of 40" 59' 26"', for an arc length of 14.31 feet
to the inter.:>ection of the Eastedy line of Scenic Bouleva;d; thence along said Easterly line, North O" 08'
Se:M East, 38.94 fee.t to the intersection the:-eof with a curve whos.e iadial bears South 33" 30' 56" West
from the center of a curve through the said pcint of intersection; thence on a curve to the left having a
radius of 20.00 feet, through a central angle or 29" 16' 47", for an arc length of 10.22 feet to a point of
reverse curve; thence on reverse curv~ to the r°ight, having a radius of 136 feet. through central angle
of11" 45' 23", for an arc length of27.91 feet: thence South 74" 00' 08" East, 63.75 feet to the beginning
ofta11gent curve; thence on a curve to the righ~ having a radius of 236.00 feet, through a central angle
of2:-3~ 00' 00", for an arc length of94.74 feet; thence South 51" 00' 20" East, 20.69 feet to the beginning
of a tangent curve; thence on a curve to the left, having a radius of 20.00 feet, through a central angle
of 48 ~ 15' 05", for an arc !e;ngth of 16.88 feet to a point of reverse curva; thence on a reverse curve to
the 1ight, having a radius of 25.00 feet, through a central angle of 73" Z5' 51"' for an arc length of 32.04
feet; thence North 82 u 45' 00" East, 26.5:3 feet to the intersection thereof with said Westerly line of said
4.851 acre parcel; thence along said Westerly line, South 7° 15' oow East, 20.00 feet to the point of
beginning, and being all that po1tion of said Lot 29 lying within Stocklmeir Court, as said Court is shown
on said rec.orded Ma.p and that portion of said Lot 29 lylng b8tween the line of said Lot 29 as contained
within the 21bove described property.
Parcel 2:
Beginning at a point on the Westerly line of that certain 4.851 acre parcel as said parcel is shown upon.
the Map of a Survey made for Adelheid M. Stock:ltneir In the San Antonio Rancho, a Map of which if filed
for record in Book ·o" of Maps, page 88, $a11\a Clara County Records, distant thereon.along said
Westerly line North 2· 15' 00" WEst. 205.67 feet from the m~st Southerly corner of said 4.51 acre parcel
marked on said Map by DS5; thence leaving said Westerly line of 4.851 acre parcel S, ;th 87"' 59' 32"
West, 6.45 feet to the intersection with a .curve whose radial bean:; South 68" 25' 46" East, from the
center of the curve throush the said point of intersection ; thence on a curve to the right having a radius
4
Order No. 311100 -B
of 25 feet, through a central angle of 99° 4'2' 06", fo~ an arc length of 43.50 feet to a point of reverse
~rve, ~.ence on a reverse curve tc the left, having a radius of 20.0-0 feet. through a contra! angle of 40 •
4T 14", for an arc length !Jf 14.~4 feet to a point of compound curve; thence on compound curve to the
ie!t, havin_g a radius of 209.00 feet through a central angle of 7" 29' 34" for an arc 'ength of :27.33 feet:
thence South 72" 59' 32" Vvest, 106.00 feet to beginning of a tangent curve; theno on a curve to the
right havin_g a radius cf 103.00 feet, through a central angle of 48° 30' 00", for an arc Ieng~ of 87.19
feet; thence North 58" 30' 28" West, 105.00 feeet to beginning of a tarigent curve, thence on a curve to
the right having a radiue of 103.00 feet, through a centra1 :angle of 48 30' 00". for an arc length of 87.19
feet, thence North 58 ° 30' 28" West, 19.62 feet to the beglnr.Jng of a tangent curve; thence on a curve
to the left, having a radius of 2000 feet through a central angle of 37" 54' 44", for an arc lensth of 13.23
feet to the intersection tharaof vrit~ a curve of the Ensterly line of Scenic Boulevard bears South 77° 13'
15" east. from the center of the curve throu9h the point of intersection: thence along the said curve of the
Easterly line of Scenic Boulevard on a curve to the left having a radius of 415.00 feet, through a central
angle of 8 ° 06' 18", for l'l.n arc length of 39. 14 feet to the intersection thereof with a curve whose radlal
bears South 82° 37' zr Eas.t, from the center of curve through the point of intersection, thence on a
curve to the left, having a radius of 20.00 feet, through a central angle of B • 06' 1 8", for an arc length of
2083 feet; thence South 58° 30' 28" East, 43.37 feet to the beginning of a tangent curve; thence on a
curve to the loft, having a radius of 71.00 feet; through a central angle of 48° 30' 00", for an arc length
of 61.10 feet; thence North 72 • 59' 32" East, 106.00 feet to the beginning of a ta.ngent curve; thance on .
a curve to the right, having s radius of 241 feet, through a central angle of 8" 36' 47" for an arc length
of 36.23 feet to a point of reverse curve; thence on a reverse curve to the left, having a radius of 20.00
feet, through a central angle of 3.3 ° 47' 4z•, for an arc length of 11.BO feet to a point of reverso curve;
thence on a reverse curve lo the right, having a radius of 25.00 feet, through a central angle of: 06" 36'
14", for an arc length ol' 46.51 feet; thence North 87a 59' 32" East, 6.37 foet to the intersection thereof
wi1h the said Westerly line of that 4.851 acre parcel; thence along said Westerly line, South 2" 15' 11"
Eas.t, 20.00 fest to the point of beginning, and being all that portion of said Lot 29 lying within Dean Court
as said Court is shown 011 said recorded Map and those portions of Lots 29 and 3~ lying between the
line estabHshing the Easterly terminus of said Cowtand the Easterly lln of Lot 31 as contained within
the above described property. • · ·
PARCEL4:
Lot"B" as laid down. designated and delineated upon that certain Map entitled "Map of Russell Hurst,
Monte Vista", which Map v.ras recorde-.d in the Office of the County Recorder of the County of Santa Clara,
State of California on April 11, 1.917.in Book ~p" of Maps at Page 22. . '
Ass-9ssor's Parcel No: 3..t;7-09-053
5
Order No. 31 ·1100 -B
AT THE DATE HEREOF, ITEfvlS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN
ADDITION TO THE PRINTED EXCEP1 IONS AND EXCLUS,ONS IN SAID POLICY FORM WOULD
BE AS FOLLOWS:
.. ..
2.
3.
4.
5.
6.
7.
Prop . , taxes, which are a lien not yet due and payable, Including any assessments collected
With to._ cS to ba levied for the fiscal year i 999-2000. .
T~.s Hen of suppl1<lmental taxes, if ony, assessed pursuant to the provislons or Chapter 3.5
(Cornrnencing with Section 75) of the RevenuQ and Taxation code of the st;atg of California .
.ll.n lnspsctlon of said land has been ordered; upon its completion the Company reserves the
right to except addrtional itams and/or make addifonai rcquiromants.
The tro.nsaction contemplated in cor.nection with this Report ls subject to the r~view and approval
of the Company's Corporatm Unc.iarwriting Department. The Company r&..eNes the right to add
additional Items or make further requirements after such review.
This <::ompany will require a ALT AIACSM Land Title Survey. If the owner of subject property
is in possessir.:>n of <.i current AL IA/ACSM land Title Survey, this Company will require that sald
Survey be submlttad for r1;1viGw and approval; otherwise, n new suJVey, satisfactory to this
Company , must be prnparsd by a licensed land surveyor and supplied to the Company prior to
the close :if escrow. n-.e Company reserves the right to except additlonal Items and/or make
ndditional rec:;u!rements after review of such survey.
Any adverse claim based upon the assertion that:
a.
b.
c.
Said land or any part therao1' is now or c:it any time has been bGllow the
highest of the high watermarks of the stevens CreQk, in the event the
boundary of said river has been artificially r<3ised or is 1iow or at any ti~e
h:as been below the high watermark, if said river is in Its natural state.
Some portion of said land has been created by artificial means or has
accreted to such porfa1n so cra<ited.
Somo portion of said land has been brought within the boundaries thereof
by an a"'-ilsive. mcvern'ent of the stevens Creek, or has been formed by
accretion to any such portion.
Rights and easements for navig;:;tion and fishery which rnay exist over that portion of said land
lyir1g beneath the waters of Stevens Creek.
Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to:
Purpoo;e:
Ri;-corded:
Affects:
City of Cupertino '
installation, maintenance and use of a srorm drain
November 22, 1976, lnstrument/:=ile No. 5476451, Book C426, Page
496, of Official Records
as described therein
!!EMS: (Contfmied) Order No. 3·11100 • B
9.
10.
11.
12.
Note 1.
Nate 2.
Easement(s) for tha purpose(s) shown below and rights lncldental thereto as granted in a
document.
Granted to: City of Cupertino .
Purpose:
Recorded;
excavate for. in~.all, maintain and use a slope easement
September 29, 1986, lnstrument/FllG Na. 8962039, Book J861, Page
2080, of Official Records ·
Affecrs: as describad herein
Matters contained in that certain document entitled "Agreement cf Distribution" dated November
27, 1987, ext"..ci..ted by and bet-Neen Pamela T. Stocklmelr, executor of the Estate of Dean
Stocklmeir, Alan L stocklmelr, trustee of the trust under thQ v.111 cf Louis E. stocklmeir anrl the
Judgement of i=inal O~iribirtiori on Waivers of Accounting filed ln thiu Superior Court of Santa
Clara County on March 28, 1986, .Pamela T. Stocklmeir, Kurt M. stocklmeir, Evelyn T. Stocklmeir,
Janet Stocklmelr Trankle and Alan L. Stocklmeir, n~corded February 19, 1988, ll")strument/Fils
No. 0006651, Sook K450, Page 1019, of Official Records, ....+iich document, among other things,
contains or provides for. "distribution of assets".
Reference is hereby made to said document for full particulars.
Said land appears to be free and clear of voluntary liens: Please verify and communicate 'With
your Title Officer prior to closa of escrow.•
h' title is to be Insured in the trustee(s) of 21 trust. (or if their act is to be insured). this Company will
require a Trust Certification pursuant to California Probate Code Section 1810.0.5. The
Company reserves the right to except additional items and/or make additional requirements after
reviewing said documents. ·
END OF ITEMS
The only conveyances affecting said land, which recordad witltiii ·cv:enty-four (24) months of the
date of this report, are ss follows:
Granter:
Grantee:
Recorded:
Alan L. stocklmeir, successor trustee of the trust under the will of Louis
E. Stocklrneir by virtue of the death of Deari Stockimeir, co-trustee, and
the Jugement or F1nal distribi..'tion on Waivers of Accounting filed in the
Santa Clara County Superior Court on March 28, 1984
Alan L stocklrn~ir, Janet Stocklmeir Trank.la, Pamela T. stocklmeir and
Kurt M. stocklmeir, as tenants in common
July 2, i 998, lnstrurnentJRle No. 14265098, of Official Records
The only conveyances am~cting said !and, which recorded within twenty-four (24) months of.the
datG or this report, are as follows:
Granter:
Grantae:
Recorded:
Alan L. Stockmefr, an unmarried man, as his sole and separate property
Alan L Stock!meir, :rustee of the Alan ~ocklmeir Revocable Trust, Dated
February 25, 1998
Marc::ti 27, 1998, lnstrumenVFile No. 141.,4624, of Official Records
Said matter affects Parcel 4 I I
7
~.\
ITEMS: (Continued)
Ord.er No. 311100 -B
. I
.Note 3.
Note 4.
Notl! 5.
Note S.
Note 7.
Note 8.
For proration purposes. the property taxes for the fiscal year shovm below are as follows:
APN:
Fiscal year
Code Anoila:
-ist Installment:
2nd Installment:
Land:
Improvements:
Exemption:
Personal Property:
357.09-053
1998-1999
13 009
5817.96 paid
$817.96 paid
S143,09i.OO
S1,438.00
$7,000.00
s
Said matter affects Pi'lrcels 1 and 2
For pruration purposes, tho property tax9s for the fiscal year shown below are as follows:
APN:
Fiscal year
Code Area:
1st Installment:
2nd lnst311ment:
Land:
Improvements:
Exemption:
Personal Property:
32$-17-004
1998-1999
13 009
S26.41 paid
S26.00 paid
$556.00
so.co
s
s
Said matter affects Parcel 4
The County of Santa Clara imposes a Monument Preservation fee of $1a.00 for the recording of
any Deed with a legal description Qlhertban an entire lot as shown on recorded final map.
Section 1:?.413.1, calrromia Insurance Code became effective January 1, 1990. This legislation
deals with the disbursement of funds daposited with any title entity acting in an escrow or
subsscrow capacity. The law r~quires that all ft.mds be depOGited and collected by the titlQ antity's
escrow and/or subescrow account prior to disbu1seme:r.t of any fUnds. Some methods of funding
may subject funds to a holding plilriod which must expire before any funds may be disbursed.
In order to avoid any such delays, all fundings should be done through wire transfer, certified
check or checks drawn on Califomia financial institutions. ·
The charge where an order is cancelled after the Issuance of the report of title, will be that amount
wriich in the opinion of the Company Is proper compensation for the services rendered or the
purpose for which the report is used, but in no event shall said charge be less than the minimum
amount required undeP Section 1:2404.1 of ihe Insurance Code c;if the State of Callfornla. If the
report cannot be cancelled "no fee" pursuar.t to the provisions of said Insurance Code, than the
minimum cancellation fee shall be that permitted by law.
California Revenue and Taxation Code Section 18668, effective January i; 1991, require5 that
the buyer in all sales of California Real Estate, wherein the Seller shows an out of State Address.
withhold 3-1/3% of tha total sales price as California state Income Tax, subject to the varir;ius
provisions of the law as therein contained.
I
I
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NOTICE
IF YOU BOUGHT, SOLD OR HEFINANCED A HOME~ (RESIDENTIAL REAL PROPERTY) IN
CAUFORN!A BElWEEN JULY 1, 1989 AND FEBHUARf 28, 1997, PLEASE READ THE
FOLLOWING:
Pursuant to a Settlement Agreement in a class action l~rwsuit filed in the Superior Court fOi
Los Angel:::s County, a settlement agreement has beEm entered into that provides persons who
bought, sold or refinanced residential real property in the State of California between July 1, 1989 and
February 28, 1997, with cer1:2i11 rights. Jf you are such 2 person and you are now engaged in an
escrow transaction with Chic.;ago. Title Company, Gatewa1 Title C::Ompany, Benefit Land Title
Company or Fidelity National Title :nsurance Comj'.J<my, you have the foi101Ning rights:
If one of these companies prnviously handled a residential escrow transaction for·you that
involved residential real property Jn which a mortgage, promissory note, or similar debt in$trument,
rep;;,yrnent of which was secured by a duly re1.~orded deed of trust, was fully paid, satisfied or
discharged <ind a reconveyance of that deed of trust was executed and was delivered to one of those
title companies for recording but was inadvertently not recorded, you have the right to request that
a release of obligation or recomrey.mce be recorded in accordance with the terms of the Settlement
Agreement.
To obtain this right you must:
(1) Establish to the satisfaction of the title company th<lt you actually closed an escrow
between July 1, 1989 and February 27, 1997, which was handled by one of the above listed title
insuranc:e companies. in which a mortgage, promissory note, or similar debt instrument secured by
a duly recorded deed of trust was fully paid, satisfied or discharged and a reconveyance of that deed
of trust was executed and was delivered for recordation to the title company that handled the prior
transaction. Proof of said transaction shall be made by presenting a closing statement, preliminary
title report, title insurance policy or a paid escrOVv' invoice which identifies you and the prior deed or
trust; and ·
(2) Request in vvriting tJ1e· recording of a reconveyance or release or obligation in the
event that one inadvertently had not been previously recorded in the escrow transaction previously
handled by one of the above-named title companies.
11' you believe that you are entitled to benefits <is a class member, please send your written
requests or any que.stions concerning the foregoing to Janet Barack, Legal Department,
Fidelity National Title lnsura:ice Campany, 17911 Von Karman Avenue, Suite 300, Irvine,
Callfornla 92614.
L~~==---~=·--=====~-==~-===d
EXHIBIT A
AMERICAN LAND Tli"LE ASSOCIATION
~ESIDENTIAJ.. TITLE INSURANCE "0LICY (&-1-87) EXCLUSIONS
nzs:iotai:in ni inc E.~:n~cm.~~ not ~eo .r!:;P.'n.ci~ VHjl. c.c:;e:., ::n::::l'T"ICV:: feM, ~ mr o-.:a,.,.......e=:: ~ n-orn·
r ~n~·::,:"''ft~. er c: ~::ir1c-:; :n ~c:;-:.t"::;1on cl IN: t11nr:1 ~ !lhl)'to.f\ C'f N pvt.!J: ni:..af"C.l.
• "'""""...-eo~i:.: M CU: l:Jno · • '"'"'° «>..,.......,n • ~cnol crot.,.Ctlcin
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titt>nllcyth·I" ·;~ ~lu~n on~~ JY:~ lilTIR: :.rw: tonr.i:J CV-0-'1~ Of"oi.Cl10('..c! In lr.:rn:. lJ :mo •3 ~ COV'crtC Tbr R.~.
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-. h~ n.)P?Qrw:::d pnor m ~\.e Pt>D.cy O:ru! :J~ I:; DIMlr>t" (II\ ~IJ ?l' }"OU n~ug"\; ~ \ll('lO ~N'; l<t"lo...rlJl...."'gt' of
1111ior~
J.T~~'kl!'.
~~ ~ ~t"Clro~~Vt~C:t~.~n~Po11cyc~: U'lit'f :tP«-11tct1 ki ~c JtYOIC rwtl1'1Jt-
·~ r~ll:' In no lpu ~ ~v c~~r7c::\-ii~~A;g~ur DI.ii:: lil'\Of tr< .PoUty 0:itl;' .. IJ'ir:, UM: not llmt 1JW .. OQf lil'CI n'-"nNril M:n C.O<w«r:.9!: In la:m • Cl
I, 1"frli1Uf1'\;0C>f~~)"OU"'10I:
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-lb~ St.ll"rO ouUIQt 'C"lt .ue.:i ~:»nv c.c:;rn~ :.nc n:r~n-..:o Lu It'• ll:t''' :a or ~a:r.."":..:..at: ...
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Thlll. 1.du~inn aoe: het 1ma. ~ :icceu i;o~ ill um s or ~l!l lbtr Rl~.
SCHEDULG El
E;:XCE:PTIONS
:lktf f#C::1 o~ut tt'll' 1a1'0 "'"T'tto"I :. ~c:t ru'""1'Y -q\Jlllt 0!11o~1.> .. 1t :.roe~ ~ Mt Gn0'"""'1 Dy I'\!' auall~ rt torn T""'1
ciot:s MCJI nr-nt!. ll'lP 1crc~ r~rr:a-rnr CDYt.."':lrti: tn II.em 12 er Cll'"'U1!l3 TlUt Ri~,
.. ~ '"ltttr f'l!l'il& ~' ci.MnU. or a>:: Ill w.lll:r 1r1 or unoc:r tr • .: t.n<i, ~Of 1VU vm-n ~inc ~ tcc.otd::
CALIFORNIA LAND ·nTLE AS-SOCIATIOI~ STANDARD COVERAGIE. POLICY· 1flll0
EXCLUSIONS FROM COVE:RAGE.
SCHEDULE B
EXCEPTIONS FROM COVERAGE
PART 1
\
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EXHIBIT A
(t;ONTINUED)
AMERICAN LA.NO TITl.E Af".SOClATION LOAN POLlCY (1 Q.17.Q2)
WITH A.LT.A. ENDORSEMENT-FORM 1 COVEF'_.\<:;Ei A.ND
AMERICAN LAND TITl.E ASSOC1.AT10N LEASEHOLD LOAN POLICY (10.H-Il2)
WITH >'\.Li .A. ENDOR:SEMENT·FORM 1 COVERAGE
SCHEDULE: 01' EXCLUSIONS FROM COVERAGE
AMERICAI'< LAND TITLE ASSOC!ATl<:>N OWNER'S POLICY (1!l-17·92) AND
AMERICAN LAND TITLE ASSOCIATION LEASt':HOl.C OWNER'S POLICY (10-17·92)
.SCHEDULE OF EXCLUSIONS FROM COVERAGE.
SCHEDULE El
EXCEPTIONS FROM COV~RAGE
I
EXHIBIT A
(CONTINUED)
.AMERICAN LAND n,-u;: ASSOCIA110N
HOMEOWNER'S POLICY OF TITLE INSURANCE
FOR A ONE·TO-FOUR FAMILY RESIOENCE (10"17·98)
EXCLUSIONS
RESIDENTIAL TITLE INSURANCE POLICY
ONe·iO·FOU R FAMILY RESIO!;'.Nt:e:
ENHANCEO VERSION (1 all7)
EXCLUSIONS
In ~CftJOl'I m. me EC:r11.1Dm n ~·Ol.HI e. J<AJ :.v:. nci: ra1uu ~:1 ll:H:>, C(l~ •Ctar1'11F(W' l'ffW, .inc ~ rt:alb'IQ ~
I ~f~C.~~~~~'::~~,.:~:.,~C~~~Af~J"lt~ Tl'li=I.~~
,..~...a;.,;
D /mp.~~' ~n llw ~ t l:nd~f'l,..0, o "'ftwl/'OIYl\t:f'IQ\ prtta:":lton
!"ho.I .1..-,~·on aDn: Ml lODf)fto lol\alel.lc'n"o'rn" f!fltCrct:n,cntofV'lt:r ~...-n1r:n~1n\r,~ :! .... D11e1;e:o~:r.
Pot:yD;,ti ,.,..., 't"'t...,..,,, OOCi not llT\lrinc C.avt.1"~(' ~!.C'1~"' tw:m 1Ze ¥10 d, ,, .)('!" , .. OfC-0\'tNCill:lt. Fil.:Je.
~ n ... rivni to u111:c vie i.ana t7v conocmnll"C It. urnn
:·~0~,~~~r"£11~11B~~S~~;~7=~·o~~k~~i:~t•P..--.a~Lt:kt\o-ui;or11"1t
c~np
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Policy Number
S908043307
600956154
Exhibit "F"
'\
Farmers Insurance Exchange
Farmers Insurance Exchange
, I
Tem1
Expiration
10/01/99
l 0/01/99
Premium·
Amount
$543.42
$304.00
·Type of
Policy
Fire
Umbrella
To: City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-0255
Exhibit Ci rJ~
CERTIFICATE or: T[NAN"f
Attn: Donald Brovm, City Manager
I hereby certify that: / /. _ /
"l-. L. / ~ .::;,?-v~ ~ Cr.et!!!-1!-&'v~~er '7';:.,c:::J
I. We are the tenants in possc..ssion of .(~t~ ~«..::?e) (hereafter referred to
as "the premises"). . \
\Ve hold the premises under a written rental agreement .entered into with
. A copy of the rental agreement and
all amendments thereto is attached to this certificate. There are no other agreements between ourselves
and the lessor.
3. Our rental payments for the premises began to accrue on .. '2-.//
I
pr ;sent rent on the premises is $ / 3@ ~er month. The rent l:.as been paid through
, 192£ The
t/~hi'. ' ,
. 1999. We have also paid$ -&--as a security deposit and$ S-as last month's rent.
4. We have not assigned our rental agreement or suble~ the premises.
5. We do not have an option to purchase the premi!:-~s or have any other interest in the·
premises ether than our lease.
6. As of the date of this •:·~rtificate, we are not in delault in the performance of the lease
and w;~ have not committed any brcadi of it.
7. To our knowledge the landlord is not in default in the perfonnance of the lease and has
n;:: committed any breach of it.
8. We have no claim against the landlord for any deposits except the above-mentioned
se·;urity deposit and last month's rent.
. \
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9. As of the date of this certificate, we have n0 defenses or offsets which we could allege
I
in any -action brought against us for rents accruing under the rental agreement after -----
1999.
10. We make this certificate with the understanding that you are considering buying the
premises and that if you do buy the premises, you will do so in material reliance on this certificate.
11. We hereby consent to the assignment by the landlord to you of the lessor's interest
under the rental agreement and agree that, following the date of said assignment, we will recognize you
as the landlord under the lease and perform all of our obligations i...nder the lease as a direct obligation
to you.
12. In consideration of the Buyer's agreement to allow our continued occupancy for at least
six (6) months after close of escrow, we give up any rights we may have to a.n.y claims available undt!r
~. · eminent domain law and claims for any relocation benefits which may be otherwise available from
Buyer.
Executed on _9,,.vyu , ,2..-:?.,. t 9C/9 , 1999, at Santa Clara County, C~lifornia.
Tu:
I
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014--0255
Exhibit H
CERTIFICATE OF Tl~N.'\NT
Attn: Donald Brown, City Nfanager
as "the premises").
2. We hold rhe premises under a written rental agree111ent entered into with
s_M~ ~ ... f as landlorc dated //~·?/f's~ . A copy of the rental agreement and
~I
all amendments thereto is attached to this certificate. There are no other agreements between ourselves
and the lessor.
3. Our rental payments for the premises began to accrue on // //j' , 19 9f. The
/
pr::-sent rent on the premises is$ GW~r month. The rent ha-; been paid through ~;/R/Pf
. 1999. We have also paid$~~ a: a security deposit and $_§1--_ as last month's rent.
4. We have not assigned our rental agreement or sublet the premises.
5. We do not have an option to purchase the premises or have any other interest in the
premise5 other than our lease.
6. As of the date of this certificute, we are not in default in the performance of the lease
and we have not corrunitted any breach of it.
7. To our 1--.nowledge the landlord is not in default in t:i.e performance of the lease and has
net committt!;d any breach of it.
';
8. We have no claim ag':'.nst the landlord for any d-.::iosits except the above-mentioned
security deposit and last month's rent.
9. As of the date of this certificate:, we have no defenses or offsets which we could allege
in any -action brought against LI!: for rents acc11.1ing under the rental agreement after -----
1999.
10. We make this certificate \Vi th the understanding that you are considering buying the
premises and that if you do buy the premises, you will do so in material reliance on this certificate.
11. We hereby consent to the assignment 0y the landiord to you of the lessor's interest
under the rental agreement and agree that, following the date of said assigrunent, we will recognize you
as the landlord under the lease and perfo\m all of our obligations under the lease as a direct obligation
to you.
12. In consideration of the Buyer's agreement to allow our continued occupancy for at least
six (6) months after close of escrow, we give up any rights we may have to any claims available under
eminent domain law and claims fur any relocation benefits which may be otherwise available from
Buyer.
Executed on _Qf.o -IS , 1999, at Sa.nta Clara County, C~lifornia.
Tenant
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RESTRICTED SUMMARY APPRAISAL
ORCHARD COURT
CUPERTINO, CALIFORNIA
CLIENT
CITY OF CUPERTINO
VALUATION DATE OF APPRAISAL
APlUL 26, 1999
TODD B. JOHNSON, APPRAISER
DESMOND JOHNSON, A"PPRAISER, INC.
..
. 15181 ~cky Lane
Monte Szreno, California 95030
. •• '11 0RKS
1 I 1999
·--
•
Mr. Bert Viskovich
Public Works Director
City of Cupertino
10300 Torre A venue
Cupertino, CA 95014
May 7, 1999
Re: Limited Restricted Appraisal Report
Orchard Court
Cupertino, California
Dear Mr. Vi~kovich:
In accordance with you~ request, I have completed a limited Restricted
appraisal of the vacant lot at the end of brchard Court in· Cupertino,
California. The purpose of this report is to determine the approximate
valuation of the property.
My analysis and pertinent data relative to the estimated market value of the
property are contained in the attached Limited Restricted appraisal report.
No title reports were provided or used in the valuation. The reader
of the report is directed to the statement.e> regarding Limited
Restricted appraisals and assumptions and limiting conditions,
which can be found within this report.
It is the opinion of the undersigned that as of April 26, 1999, (date of
inspection and valuation), the fair markr~t value of the fee simple interest of
the property is: FORTY-TWO THOUSAND FIVE HUNDRED DOLLARS
($42,500).
Further description of the above-appraised property and the property rights
app!·aised can be found within the context of the report.
I am pleased to have this opportunit)' to be of service to you. Please contac.t us
if there are any questions regarding this report.
Cit)' of Cupertino
Orchard Court
5/6/99
Respectfully submitted,
/0) ----/ ~/( . ..,:~ -J" _./c-;...1 /, ,n\f Cl /--...____ / (')' 0-_;,-~_).
'Todd B. J{~lmson
2 of 19
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fu;pose and Fun.ct.ir.m.:. To e::.tirnate the fair market value of the subject
property for possible acquisition by the City of Cupertino.
The property rights being appraised are those of the fee simple interest.
The Fee Simple Interest in valuation terms for this report is defined as:
"Absolute ownership unencumbered by any other interest or
estate. A fee simple estate is subject only to the limitations
lmposed by the governmental powers of taxation, eminent
domain, police power, and escheat."2
Ilefinition Of Val IJf
"Fair Market Value" -Fair market value is defined in this appraisal as:
"The highest price on the date of valuation that would be agreed
to by a seller, being willing to sell, but under no particular or
urgent necessity for so doing, nor obliged to sell, and a buyer,
being ready, willing, and able to buy, but under no particular
necessity for so doing, each dealing with the other with full
knowledge of all the uses and purposes for which the property is
reasonably adaptable and available.''
Scope of Appraisal
In completing this appraisal, the a.ppraiser inspected {from the street only) the
subject property. In addition, the appraiser completed various tasks which
enabled the appraiser to form an opinion of value (fair market). These tasks
include investigating the highest and best use of the property in relationship
to the property rights being appraised, collection of sales data, the analysis of
the sales data in relationship to the subject property, and forming an opinion.
2The Dictionary of Rral Estate Appraisal, Second Edition, '89
City of Cupertino
On·hard Court
5/6/99 3 of 19
..
Use Restridio.n..iUld.-1.imitation: As required by USP AP, we hereby
stipulate to the client of this report that limited reliance should be
placed upon the conclusions expres.ses herein, and the report cannot be
wholly understood without additional information contained in our
work file, which can be made available to client upon request. This
.Restricte.d Appraj~_Rfport of a .Limited Appraisal involves
something less than, or. different from the work required by the specific
guidelines of USP AP and FIRREA for a self-contained or summary
appraisal report.
We have only utilized approaches to value that we consider
appropriate. As we are valuing the fee simple interest in vacant land,
the market is considered the most applicable valuation technique.
Therefore, we have employed the lli.p_arture Provision in completing
this Limited Appraisal and only the market approach was employed.
The appraiser has been informed by the owner that he or his family has
owned the property for several years .
'":it)' 0f Ctpt~rtino
""l-rrl1ard (.'.:urt
/99 4of19
The subject property is a vacant site located north of Stevens Creek Boulevard
at the end of Orchard Court in Cupertino. According to the Santa Clara
County Assessors Office, the site has a total of 19,600 square feet or .45 acres.
The County Assessors Offic~ refers to the parcel as 326-17-004.
According to the owner, the southwest property line runs along th€ ~op of a
very steep embankment. The property then drops off sharply into what is
referred to as Steven Creek Canyon. Most of the southern property line abuts
the narrow tip of the parcel that separates the subject parcels from Stevens
Creek Boulevard. It appears that a small portion of the property does extend
to the right-of-way of Stevens Cn:.-'ek; however, the roadway is elevated by
means of a bridge at this point. The westerly tip of the property is located
within the 100 year flood zone of Stevens Creek.
The property is zoned for residential use; however, due to access problems, it
would be very difficult to develop. The two most apparent problems are how
to get onto the site and. potential problems being so close to Stevens Creek.
~ . ~ .
Wh<o!rt looking at a map, access to the site appears to come from Orchard Ct.;
however, when on Orchard Ct., there is no cul-de-sac (only the front yard of
the existinr; homes at the end of the street. The appraiser was not able to
determine if some type of access to the site could be obtained from the
Stevens Creek right-of-way; however, it appeared that this would be very
difficult, if not impossible. What appears to be the most likely method of
access is to obtain an ingress/ egress easement from the abutting property
owners (APN 326-17-45). Such an easement would appear to have little effect
on the adjoining parcel.
According to the flood maps, only a portion of the property is located in the
100-year flood zone. The appraiser contacted the Santa Clara County Water
District and found that if a home was built outside the 100-year flood zone or
pcssibly built in such as way as to not interfere with the waterway, the
construction of a home on the site would not be blocked by the Santa Clara
Water District.
City of Cupt.'Ttino
Orchard Court
5/6/99 5 of 19
The appraiser doe::> believe that if a home could be developed on the site, it
could have a very nice setting with a view of Stevens Creek.
City of Cupertino
Orchard Court
5/6/99
. ;
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6of19
Valuation Process:
Due to the obvious difficulties in getting building approvals and the very
possible chance that approvals and or easements would not be granted, the
appraiser has researched sales of other similarly difficult properties to develop
and properties that can not be developed at this time.
The reader should understand that this type of valuation tends to be much.
more subjective in nature, as the comparables tend to vary greatly as do t!:i.e
values. Furthermore, there is considerably less data for both buyers and
sellers to be well-infor~ed. in mal<lng 4ecisions.
The appraiser believes that property like the subject will generally be
purchased by a speculator or an abutting property owner. The prices paid by
these types of buyers are generally considerably rr.uch less than for a more
typical lot in area.
City of Cuj>t.."'Tlino
Orchani C llUrt
5/6/99
. l 7of19
..
Locati.on:
Owner:
A.P.N.:
Date of Sale:
Size:
Listing Price:
Days on Market
Sales Price:
Confirmed:
'0
Mira Vista Ave.
Cupertino, CA
Jamie A. Briggs &
Thomas M. McN air
357-04-067
1/5/%
.23Ac.
10,0CO S.F.
$95,000
170
$20,0CO
Howard l\T akashiki
Agent
( 408) 345-3000
Due in part to its steep topography, this comparable is a difficult, if not
impossible, lot to develop. According to the agent involved, the price paid for
the property was based on the fact that the property would probably never
obtain development permits, and if permits were granted, the site would be
difficult to develop.
The purchaser of the property was an architect whc' believes that he can
possibly get a building site approved on the property. According to the agent,
site approval has still not been obtained.
City of Cupertino
Orchard Court
5/6/99 8 of 19
\,
Location:
Owner:
A.P.N.:
Date of Sale:
Size:
Listed Price:
Days on Market
Sales Price:
Confirmed:
Rlms Road
Les Altos Hills, CA
Eliza bP.th H. &
Roger Spreen
336-31-006
10/2/%
1.96 Ac.
85,275 S.F.
$100,000
13
$50,000
Susan
On Site Tenant
In Person
This comparable sold with the buyer and seller understanding that the lot
could not be developed. due to the zoning laws of Los Altos Hills. The
property had a very old trailer on it, which was being lived in. Reportedly,
after the purchase of the property, local residents petitioned the Town to
permit the existlng tenant to replace the trailer with a new, modular home.
The tenant keeps several horses on the site and also looks after the public
open space hiking trails and the nearby parking lot.
The purchaser of the property was an abutting neighbor who wished to
control the adjoiI~ing property.
City of Cupertino
Orchard Court
5/6/99 9 of 19
Location:
Owner:
A.P.N.:
Date of Sale:
Size:
Listed i-'rice:
Days on Mru·ket
Sales Price:
. \
Confirmed:
CentraI Road
Los Altos Hills, CA
Frank Dietrich
Zsuzsanna Molnar
182-28-008
3/'30/95
.75Ac.
32,472 S.F.
$80,000
236
$50,000
Jacqueline Wolfe
Listing Agent
(650) 941-1111
This comparable sold with the buyer and seller understanding that the lot
could not be developed due to the zoning laws of Los Altos Hills. The site
slopes downward from a dirt road to a valley.
The purchaser of the property was an abutting neighbor who wished to
control the adjoining property. ·
Cit)' of Cupertino
Orchard Court
5/6/99 10 of 19
Location:
. \
Owner:
A.P.N.:
Date of Sale:
Size:
Listed Price:
Days on Market
Sales Price:
Confirmed:
Overlook Road
Los Garos, CA
Robert Gallaway
510-32-011
8/15/95
1.3 Ac.
44,867 S.F.
$98,800
205
$25,000
Robert Gallaway
Owner
(916) 486-3668
This comparable has a fantastic view of Santa Clara Valley. However, due to
an engineer's report, the seller believed it would be impossible or at least very
difficult to get a building site approved on the property. The buyer was aware
of the enginet.r's report and believed there was a possibility of obtaining
building site approval; however, if it could be obtained, it would be very
difficult to develop.
City of Cupertino
Orchard Court
5/6/99
. ;
11 of19
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f
Location:
Owner(Buyer):
A.P.N.:
Date of Sale:
Size:
. l
Listed Price:
Days on Market:
Sales Price:
Confirmed:
Austin Way
Monte Sereno, CA
Desmond Johnson
397-08-103
612188
.35A<:..
15,2<!6 S.F.
NIA
NIA
$25,000
Desmond Johnson
Grantee
(408) 395-3376
This property had a very old, warehouse-type building on it at the time of the
transaction. The buyer and seller bpth believed the property could not be
used for any other use. The transaction was based on the property having
limited utility.
After t!:le sales transaction, the buyer found that because of its historical
interest to the City, the building could be remodeled and converted into a
residence. This was done sometir.1e after the sale. The reader should be
aware that the grantee, Desmond Johnson, MAI, is the owner of Desmond
Johnson, Appraiser, Inc. and is related to the appraiser.
Cit}' of Cupertino
Orchard Court
5/6/99
. \
12 of 19
Location:
Owner (Buyer):
A.P.N.:
Date of Sale:
Size:
Listed Price:
Days on Market:
Contract Price:
Confirmed:
Colleg2 Ave.
Los Gatos, CA
Todd & Marlene Johnson
397-08-103
5/98
.16 Ac.
7,100 S.F.
$100,000
5
$100,000*
Todd B. Johnson
Grantee
(408) 395-3376
This parcel is currently in escrow, by the appraiser. The closing of the escrow
is dependent upon the buyer getting approvals for building a single-family
home. If approvals ar,e not granted, tl'~e buyer can hav~ his deposit returned.
The buyer has spent approximately $20,000 toward getting approvals. The site
is very steep, only 40 feet wide, and has access over an easement, which is
partly burdened by an adjoining house. The buyer and seller both recognize
that approvals are expected to be very difficult to obtain. The contract is based
on a set price for the first six months, with the sales price increasing $1,000 per
month thereafter. Presently, the escrow has been open for over one year.
Furthermore, the seller recently offered to buyer to waive the contingency for
a price reduction of $30,000. The buyer rejected the offer.
In addition to the above information, it should be noted that the owner of the
abutting parcel at 71 College Ave., and whose house was on the market for
approximately $800,000, offered to purchase the property for $50,000. His
intended use was to protect the privacy of his house.
City of Cupertino
Orchard Court
5/6/99 13 of 19
~ I·
' .
The lot is very steep and has considerable soil problems. This property has a
creek running though it. The property had been on the market for a very
long time and had been marketed in the $200,000 to $300,000 price range, but it
was listed for $129,000 when it sold for $100,000.
City of Cupertino
Orchard Court
5/6/99
, I
14 of 19
Conclusion:
After reviewing the sales listed above, the appraiser has formed an opinion
that the subject property would sell for between $35,000 and $50,000. The
appraiser has reconciled between the figures at $42,500.
Cit;-of Cupertino
Orchard Court
5/6/99
'I
15 of 19
Limited-Restricted Appraisal Report
This is a ~praisal Report which is intended to comply with
the reporting requirements set forth under Standard Rule 2-2(c) of the
Uniform Standards of Professional Appraisal Practice for a Restricted
Appraisal Report.. As such, it presents very limited discussion of the
data, reasvning, and analyses that were used in the appraisal process to
develop the appraiser's opinion of value. Supporting documentation
concerning the data, reasoning, and analyses is retained in the
appraiser's file. The depth of discussion contained in this report is
specific to the needs of the client and for the intended used cited below.
The appraiser ir :i.oc responsible for use of the report by others.
Furthermore, in accordance with prior agreement between the client
and the appraiser, this report is the result of a limited appraisal process
in that certain allowable departures from specific guidelines of the
Uniform Standard of Professional Appraisal Practice were invoked.
The client is warned that the reliability of the value conclusion
provided may be impacted to the degree there is a departure from
specific guidelines of USPAP.
The attached Limited-Restricted ReJ2.Q11 relies on the information
provided by the City of Redwood City. The supplied data was assumed
to be reasmLably accurate. The appraiser has been instructed not to
physically inspect the properties, except from the street, nor to contact
the owners. Due to the confidential nature of the report, only limited
confirmation of some salzs data was made. A reasonable and likely
range of values for the subjects were reconciled from the asserr.": ied
data. · ~
The .Limited-Restricted Appraisal Ri:p..m:t has an "intended use" ·only
for a general valuation range for feasibility study for a possible
redevelopment project and is to be used for no 0U1er purpose(s). Note,
the attached report should not be mistaken for a complete appraisal.
The Limited-Restricted Appraisal Report relies on and assumes all data
presented by others is correct, and further research using Experian Data
Cil }'of Cu pcrtino
Orchard Court
5/6/99 16 of 19
Services and San Jose multiple-listing service information is factual
and correct for the purpose$ of this analysis.
Restrictions and Limitations: As requir.ed by USP AP, we hereby stipulate to
the client or the intended users of this report, that limited reliance should be
placed upon the conclusions expressed herein, and the report cannot be
wholly understood without additional information contained in our work
file, which can be made available upon request. This Restricted Appraisal
Report of a Limited Appraisal involves somet!ling less than, 0r different
from the work required by the specific guidelines of USP AP and FIRREA for a
self-contained or summary appraisal report.
City of C-;J pcrtino
Orchnrd Court
5/6/99
•;I
17 of 19
CERTIFICATION
I (we), the undersigned do hereby certify, except as otherwise noted in this
appraisal report, that to the best of my (our) knowledge and belief, the
statements contained in i:his report, upon which the analysis, opinions, and
conclusions expressed herein are based, are true and correct.
This r~port sets forth all of the limiting conditions affecting the analysis,
opinions, and conclusions contained in this report.
I (we), have no present or prospective interest or bias with respect to the
subject matter of this appraisal report or the parties involved, and that my fee
was contingent upon the value assigned.
I (we) have made a personal inspection of the subject property.
This report has been made in conformity with and is subject to the
requirements of the Code of Ethics and Standards of Professional Conduct of
the Appraisal Institute. The use of this report is subject to the requirements
of the American Institute of Real Estate Appraisers relating to review by its
duly authorized representatives.
The Appraisal InsHtute conducts a voluntary program of continuing
education for its designated members. MAI's, and RM's, who meet the
minimum standards of this program are awarded periodic education
certification. As of the date of this report, I, Desmond Johnson, have
completed the requirements under the continuing education program of the
Appraisal Institute. We, Desmond Johnson and Todd B. Johnson, are
Certified General Real Estate Appraisers in the State of California. The Real
Estate Appraiser Certifi<;ate .of De~unond Johnson is · .
No. AG 001864, and of Todd B.1 Johnson is No. AG 008094.
No one provided significant professional assistance to the persomi signing
this report unless that assistance is specifically stated elsewhere in this report.
It is the opinion of the undersigned that as of April 26, 1999, (date of .,
valuation), the fair market value of the !ee simple interest of the property is:
FORTY-TWO THOUSAND FIVE HUNDRED DOLLA~ ($42,500).
Cit}' of Cupertino
Orchard Court
5/6/99
~/J.,.·~-:/~~o·/~
Todd B. Johnson
18 of 19
...
ASSUMPTIONS AND LIMITIN~G CO~DITION~
The appraisal is subject to the following limiting conditions:
The property descriptions furnished us are assumed to be correct. We assume no
responsibility for matters legal in character, nor do we render any opinion as to the title,
which is assumed to be good. AH existing liens and encumbrances have been
disregarded and the property is appraised as t>ough free <.md clear and under
responsible ownership and competent management.
We have made no. ~urv~y of the prvperty and assume no 'responsibility in
connection with such matters. The sketch in this report is included to assist the reader
to visualize the property. •
We believe to be reliable the information identified in this report as being
furnished by others, but we assume no responsibility for its accuracy.
We are not required to give testimony or attendance in court by reason of this
appraisal, with reference to the property in question unless arrangements have been
made previously.
We assume that there are no hidden or nor apparent conditions of the property,
subsoil, or structures that would render it more or less valuable. No responsibility is
assumed for such conditions or for arranging for engineering studies that might be
required to discover such factors.
The presence of a potentially .hazardous material, i.e. asbestos, toxic waste, etc.,
resulting from the past uses of the property, construction or maintenance of the buildings
(if improved) has not been considered. Such a condition may or may not be present.
The appraiser(s) is not qualified to detect such substances; therefore, if desired, the
client should retain an expert in this field.
Neither all nor part of the c.ontenlo; of this report shall be conveyed to the public
tlu· .. mgh advertising, public relations, news, sales, or other media without the written
cm.sent and approval of the author, particularly as to valuation conclusions, the
identity of the appraiser or firm with which he is connected, or any reference to the ·
Appraisal Institute, or the MAI Designation.
If this appraisal relates to an estat..? in land that is less than the whole fee
simple estate, the value reported for such estate relates to a fractional interest
only in the real estate involved and the v?..lue of this fractional interest plus the
value of. l other fractional interests m.iy ()f may not equal the value of the entire
fee simple estate considered as a whole.
Ci~y of Cupertino
Orchard Court
5/6/99
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19 of 19
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RESTRICTED SUMMARY APPRAISAL
ORCHARD COURT
CUPERTINO, CALIFORNIA
CLIENT
CITY OF CUPERTINO
VALUATION DATE OF APPRAISAL
APRIL 26, 1999
TODD B. JOHNSON, APPRAISER
DESMOND JOHNSON, APPRAISER, JNC.
15181 Becky Lane
Monte Sereno, California 95030
EMPLOYMENT
11/91 to Present
QUALIFICATIONS
OF
TODU B. JOHNSON
Desmond Johnson Appraiser Inc. Fee Appraiser
4/87 to 10/91 Bank of America Commercial Appraiser
Type of appraisal work included:
Proposed and existing commercial centers, both strip and neighborhood.
Proposed and existing industrial buildings.
Propos d and existing office complexes.
Proposed and existing large scale apartment buildings.
Proposed residential condominiums and single family trncts.
Appraisals of both raw and improved land.
3/86 to 2/87 Independen~ Property s~rvices Review Appraiser
Responsibilities included:
Appraisal review.
Supervise fee appraisers.
Account manager for Trans America I Mountain Financial I Mmtgages USA
7/80 to 2/86 Desmond Johnson Appraiser Inc. Fee Appraiser
Responsible for all phases of appraisal process.
Assignments included single/multi-family residential, commercial ,ar.d industrial property.
Clients included:
City of South San Francisco
Santa Clara Valley Water District
State of California
Bank of America
Mary's Help Hospital
ElHlCAIION
Town of Los Gatos
County of Santa Clara
Judge Vincent Bruno
Hyatt Corp.
San Jose Health Care Center
6/80 San Jose State University B.S.Business Admin.
Real Estate Major.
Vice-Chairman Executive Council of Business Students.
Officer of Rho Epsilon Real Estate Fraternity.
Institute Course Work Completed
Standards of Professional Practices
Case Studies in Real Estate Valuation
Basic Valuation Procedures
Re:il Estate Principles
Report Writing
Capitalization Theory (Pm1s 1,2,3)
Residential Valuation
PROFESSIO_NAL MEMBERSillP AND LI!:ENSINQ.
State of Califomia, Licensed Certified General Real Estate Appraiser
Candidate for MAI designation.
International Right of Way Mem~r and past President of Chapter 42.
...
ASSUMPTIONS AND LIMITING CONDITIONS
The appraisal is subject to the following limiting conditions:
The property de&.Tiptions furnished us are assumed tu be correct. We assume no
responsibility for matters legal in character, nor do we render any opinion as to the title,
which is assumed to be good. All existing liens and encumbrances have been
disregarded and the property is appraised as though free and clear and under
responsible owne,·ship and competent management.
We have made.no survey of the property and assume no responsibility in
connection with such matter'>. The sketch in this report is included to assist the reader
to visualize the property.
We believe to be reliable the information identified in this report as being
furnished by others, but we assume no responsibility for its accuracy.
We are not required to give testimony or attendance in court by reason of this
appraisal, with reference to the property in question unless arrangements have been
made previously.
We assume that there are no hidden or nor apparent conditions of the property,
subsoil, or structures that W(,Uld render it more or less valuable. No responsibility is
assumed for such condW.cns or for arranging for engineering studies that might be
required to discover such factors.
The presence of a potentially hazardous material, i.e. asbestos, toxic waste, etc.,
resulting from the past uses of the property, construction or maintenance of the buildings
(if improved) has not been considered. Such a condition may or may not be present.
The appraiser(s) is not qualified to detect such substances; therefore, if desired, the
client should retain an expert in this field.
Neither all nor part of the contents of this report shall be conveyed to the public
through advertising, public relations, news, sales, or other media without the written
consent and approval of the author, particularly as to valuation conclusions, the
identity of the appraiser or firm with which he is connected, or any reference to the
Appraisal Institute, or the MAI Designation.
If this appraisal relc.tes to an estate in land that is less than the whole fee
simple estate, the value reported for such estate relates to a fractional interest
only in the real estate involved and the value of this fractional interest pl;.is the
value of all other fractional interests may or may not equal the value of the entire
fee simple estate considered as a whole.
City of Cupertino
Orchard C0urt
5/6/99 19 of 19
CERTIFICATION
I (we), the undersigned do hereby certify, except as otherwise noted in this
appraisal report, that to the best of my (our) knowledge and belief, the
statements contained in this report, upon which the analysis, opinions, and
conclusions expressed herein are based, are true and correct.
This report sets forth a:ll oi the limiting conditions affecting the analysis,
opinions, and conclusions contained in this report.
I (we), l·.ave no present or prospective interest or bias with respect to the
subject matter of this appraisal report or the parties involved, and that my fee
was contingent upon the value assigned.
I (we) have made a personal inspection of the subject property.
This report has been made in conformity with and is subject to the
requirements of the Code of Ethics and Standards of Professional Conduct of
the Appraisal Institute. The use of this report is subject to the requirements
of the American Institute of Real Estate Appraisers relating to review by its
duly authorized representatives.
The Appraisal Institute conducts a voluntary program of continuing
education for its designated members. MAI's, and RM's, who meet the
minimum standards of this program are awarded periodic education
certification. As of the date of this report, I, Desmond Johnson, have
completed the requirements under the continuing education program of the
Appraisal Institute. We, Desmond Johnson and Todd B. Johnson, are
Certified General Real Estate Appraisers in the State of California. The Real
Estate Appraiser Certificate of Desmond Johnson is
No. AG 001864, und of Todd B. Johnson is No. AG 008094.
No one provided significant professional assistance to the persons signing
this report unless that assistance is specifically stated elsewhere in this report.
It is the opinion of the undersigned that as of April 26, 1999, (date of
valuation), the fair market va.lue of the fee simple interest of the prop~rty is:
FORTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($42,500).
City of Cu ycrtino
Orchard Court
5/6/99 18 of 19
..
Services and San Jose multiple-listing service information is factual
and correct for the purposes of this analysis.
Restrictions and Limitations: As required by USP AP, we hereby stipulate to
the client or the intended users of this report, that limited reliance should be
placed upon the conclusions exprf.!ssed herein, and the report cannot be
wholly understood without additional information contained in our work
file, which can be made available upon request. This Restricted Appraisal
Report of a Limited Appraisal involves something less than, or different
from the work required by the specific guidelines of USP Af' and FIRREA for a
self-contained or summary appraisal report.
City of C~"'Crtino
Orchard Court
5/6/99 17 of 19
Limited-Restricted Appraisal Report
This is a R.fstricted Appraisal Report which is intended to comply with
the reporting requirements set forth under Standard Rule 2-2(c) of the
Uniform Standards of Professional Appraisal Practice for a Iksldci.e.d
Appraisal Report, As such, it presents very limited discussion of the
data, reasoning, and analyses that were used in the appraisal process to
develop the appraiser's opinion of value. Supporting documentation
concerning the data, reasoning, and analyses is retained in the
appraiser's file. The depth of discussion contained in this report is
specific to the needs of the client and for the intended used cited below.
The appraiser in no_l responsible for use of the .report by others.
Furthermore, in accordance with prior agreement between the client
and the appraiser, this report is the result of a limited appraisal process
in that certain allowable departures from specific guidelines of the
Uniform Standard of Professional Appraisal Practice were invoked.
The client is warned ti1at the zeliability of the value conclusion
provided may be impacted to the degree there is a departure from
specific guidelines of USP AP.
Th2 attached Li.ntik.d::Rwrkt~d Re_l2fili relies on the information
provided by the City of Redwood City. The supplied data was assumed
to be reasonably accurate. The appraiser has been instructed not to
physically inspect the properties, except from the street, nor to contact
the owners. Due to the confidential nature of the report, only limited
confirmation of some sales data was made. A reasonable and likely
range of values for th~ subjects were reconciled from the c.ssembled
data.
The Limited-R~stricted~raisai Report has an "intended use" only
for a general valuation range for feasibility study for a possible
redevelopment project and is to be used for no other purpose(s). Note,
the attached report should not be mistaken for a complete appraisal.
The Limited-Restricted Appraisal Report relies on and assumes all data
presented by others is correct, and further research using Experian Data
City of Cupertino
Orchard Comt
5/6/99 16 of 19
..
Conclusion:
After reviewing the sales listed above, the appraiser has formed an opinion
that the subject property would sell for between $35,000 and $50,000. The
appraiser nas reconciled between the figures at $42,500.
City of Cu pcrtino
Orchard Court
5/6/99 15 of 19
Location:
Owner:
A.P.N.:
Date of Sale:
Size:
Listed Price:
Days on Market:
Ambric Knolls Rd.
Saratoga, CA
Mr. & Mrs. Allen R. Adams
503-55-019
10/14/94
1.54 Ac.
67,082 S.F.
$129,000
Over one yeru~
The lot is very steep and has considerable soil problems. This property has a
creek running though it. The property had been on the market for a very
long time and had been marketed in the $200,000 to $300,000 price range, but it
was listed for $129,000 when it sold for $100,000.
City of Cu pcrtino
Orchard Court
5/6/99 14 of 19
Location:
Owner (Buyer):
A.P.N.:
Date of Sale:
Size:
Listed Price:
Days on Market:
Contract Price:
Confirmed:
College Ave.
Los Gatos, CA
Todd & Marlene Johnson
397-08-103
5/98
.16Ac.
7,100 S.F.
$100,000
5
$100,000*
Todd B. Johnson
Grantee
(408) ~95-?-376
1his parcel is currently in escrow, by the appraiser. The closing of the escrow
is dependent upon the buyer getting ::.:pprovals for building a single-family
home. If approvals are not granted, the buyer can have his deposit returned.
The buyer has spent approximately $20,000 toward getting approvals. The site
is very steep, only 40 feet wide, and has access over an easen.:_ent, which is
partly burdened by an adjoining house. Tne buyer and seller both recognize
thatapprovals are expected to be very difficult to obtain. The contract is based
on a set price for the first six months, with the sales price increasing $1,000 per
month thereafter. Presently, the escrow has been open Lt over one year.
Furthermore, the seller recently offered to buyer to waive the contingency for
a price reduction of $30,000. The buyer rejected the offer. ·
In addition to the above information, it should be noted that the owner of the
abutting parcel at 71 College Ave., and whose house was on the market for
approximately $800,000, offered to purchase fue property for $50,000. His
intended use was to protect the privacy of his house.
City of Cupertino
Orchard Court
5/6/99 13 of 19
Location:
Owner(Buyer):
A.P.N.:
Date of Sale:
Size:
Listed Price:
Days on Market:
Sales Price:
Confirmed:
. I
Austin Way
Monte Sereno, CA
Desmond Johnson
397-08-103
6/2/88
.35Ac.
15,246 S.F.
Desmond Johnson
Grantee
(408) 395-3376
This property had a very old, warehouse-type building on it at the time of the
transaction. The buyer and seller both believed the property could not be
used for any other use. The transaction was based on the property having
limited utility.
After the sales transaction, the buyer fowld that because of its historical
interest to the City, the building could be remodeled and converted into a
residence. This was done sometime after the sale. The reader should l:>e
aware that the grantee, Desvond Johnson, MAI, is the owner of Desmond
Johnson, Appraiser, Inc. and is related to the appraiser.
Cit)' of Cupertino
Orcnard Court
5/6/99 12of19
Location:
Owner:
A.P.N.:
Date of Sale:
Size:
Listed Price:
Days on Market
Sales Price:
Confirmr.d:
Overlook Road
Los Gatos, CA
Robert Gallaway
510-32-011
8/15/95
1.3Ac.
44,867 S.F.
$98,800
205
$25,000
Robert Gallaway
Owner
(916) 486-3668
This comparable has a fantastic view of Santa Clara. Valley. However, due to
an engineer's report, the seller believed j,t would be impossibie or at least very
difficult to get a building site approved on the property. The buyt:::.-was aware
of the engineer's report and believed there was a possibility of obtai:~ing
building site approval; however, if it could be obtained, it would be very
difficult to develop.
City of Cupertino
Orchard Court
5/6/99 11 of19
Locatiqn:
Owner(Buyer):
A.P.N.:
Date of Sale:
Size:
Listed Price:
Days on Market:
Sales Price:
Confirmed:
Austin Way
Monte Sereno, CA
Desmond Johnson
397-08-103
6/2/88
.35Ac.
15,246 S.F.
NIA
NIA
$25,000
Desmond Johnson
Grantee
(408) 395-3376
This property had a very old, warehouse-type building on it at the time of the
transaction. The buyer and seller both believed the property could not be
used for any other use. The transaction was based on the property having
limited utility.
After the sales transac~ion, the buyer found that because of its historic'.ll
interest i:o the City, the building could be remodeled and converted into a
residence. This,, was done sometime after the sale. The reader should be
aware that the grantee, Desmond Johnson, MAI, is the owner of Desmond
Johnson, Appraiser, Inc. and is related to the appraiser.
Cit)' of Cupertino
Orchard Court
5/6/99 12 of 19
Location:
Owner (Buyer):
A.P.N.:
Date of Sale:
Size:
Listed Prke:
Days on Market:
Contract Price:
Confirmed:
College Ave.
Los Gatos, CA
Todd & Marlene Johnson
397-08-103
5/98
.16Ac.
7,100 S.F.
$100,000
5
$100,000*
Todd B. Johnson
Grantee
(408) 395-3376
This parcel is currently in escrow, by the appraiser. The dosing of the escrow
is dependent upon tHe buyer getting ;ipprovals for building a single--family
home. If approvals ar~ not granted, the buyer can have his deposit returned.
The buyer has spent approximately $20,000 toward getting approvals. The site
is very steep, only 40 feet wide, and has access over an easement, which is
partly burdened by an adjoining house. The buyer and seller both recognize
that approvals are expected to bP. very difficult to obtain. The contract is based
on a set price for the first six months, with the sales price increasing $1,000 per
month thereafter. Presently, the escrow has been open for over one year.
Furthermore, the seller recently offered to buyer to waive the contingency for
a price reduction of $30,000. The buyer rejected the offer.
In addition to the above information, it should be noted that the owner of the
abutting parcel at 71 College Ave., and whose house was on the market for
approximately $800,000, offered to purchase the property for $50,000. His
intended use was to protect the privacy of his house.
City of Cupertino
Orchard Court
5/6/99 13 of 19
Location:
Owner:
A.P.N.:
Date of Sale:
Size:
Listed Price:
Days on Market:
Ambric Knolls Rd.
Saratoga, CA
Mr. & Mrs. Allen R. Adams
503-55-019
10/14/94
1.54 Ac.
67,082 S.F.
$129,000
Over one year
The lot is very steep and has considerable soil problems. This property haS a
creek running though it. The property had been on the market for a very
long time and had been marketed in the $200,000 to $300,000 price range, but it
was listed for $129,000 when it !3old for $100,000.
CitY. of Cupertino
Orchard Court
5/6/99
14 of 19
Conclusion:
After reviewing the sales listed above, the appraiser has formed an opinion
that the subject property would sell for between $35,000 and $50,000. The
appraiser has reconciled between the figures at $42,500 .
City of Cupertino
Orchard Court
5/6/99
. \
15 of 19
' '
•,~Wl'h
Lim.i.t:ed-Restrkteci Appraisal Repmi
. i
This is a R.estrkt~d Appraisal Rf.l2QI.l which is intended to comply with
the reporting requirements set forth under Standard Rule 2-2(c) of the
Uniform Standards of Professional Appraisal Practice for a Restricted
~~ As such, it presents very limited discussion of the
data, reasoning, and analyses that were used in the appraisal process to
develop the appraiser's opinion of value. Supporting documentation
concerning the data, reasoning, and analyses is retained in the
appraiser's file. The depth of discussion contained in this report is
specific to the needs of the client and for the intended used cited below.
The appra.iser in no_t responsible for use of the report by others.
Furthermore, in accordance with prior agreement between th2 client
and the appraiser, this report is the result of a limited appraisal process
in that certain allowable departures from specific guidelines of the
Uniform StandJid of Professional Appraisal Practice were invoked.
The client is warned that the reliability of the value conclusion
provided may be impacted to the degree there is a departure from
specific guidelines of USP AP.
The attached Limited·Rz11irk!f..d..B..e.pnri relies on the information
provided by the City of Redwood City. The supplied data was assumed
to be reasonably accurate. The appraiser has been instructed not to
physically insped the properties, except from the street, nor to contact
the owners. Due to the confidential nature of the report, only limited
confirmation of some sales data was made. A reasonable and likely
range of values f01~ the subjects were reconciled from the assembled
data.
The Limited-Restricted Ap~rais.t.11 Report has an "intended use" only
for a general valuation range for feasibility study for a possible
redevelopment project and is to be used for no other purpose(s). Note,
the attached report should not be mistaken for a complete appraisal.
The Limited-Restricted Appraisal Report relies on and assumes all data
presented by others is correct, and further research using Experian Data
City of Cupertino
Orchard Court
5/6/99 16 of 19
Services and San Jose multi.pie-listing service information is factual
and correct for the purposes of this analysis.
~~~llotA~u.u:r....MJ~....,..i.rulS-As required by USP AP, we hereby stipulate to
the client or the intended users of this report, that limited reliance should be
placed .upon the conclusions expressed herein, and the report cannot be
wholiy understood without additional information contairied in our work
· file, which can be made aVailable upon request. This Restricted Appraisal
Report of a Limited Appraisal involves something Jess than, or different
from the work required by the specific guidelines of USP AP and FJRREA for a
self-contained or summary appraisal report.
City of Cupertino
Orchard Court
5/6/99 . I
17 of 19
I (we), the undersigned do hereby certify, except as otherwise noted in this
appraisal report, that to the best of my (our) knowledge and belief, the
statements contained in this report, upon which the analysis, opinions, and
conclusions expressed herein are based, are true and correct.
This report sets forth all oi the limiting conditions affecting the analysis,
opinions, and conclusions contained in this report.
I (we), have no present or prospective interest or bias with respect to the
subject matter of this appraisal report or the parties involved, and that my fee
was contingent upon the value assigned.
I (we) have made a personal inspection of the subject property.
This 1eport has been made in conformity with and is subject to the
requirements of the Code of Ethics and Standards of Professional Conduct of.
the Appraisal Institute. The use of this report is subject to the requirements
of the American Institute of Real Estate Appraisers relating to review by its
duly authorized representatives.
The Appraisal Institute conducts a voluntary program of continuing
education for its designated members. MAI's, and RM's, who meet the
mimmum standards of this program are awarded periodic education
certification. As of the date of this report, I, Desmond Johnson, have
completed the requirements under the continuing education program of the
Appraisal Institute. We, Desmond Johnson and Todd B. Johnson, are
Certified General Real E~tate Appraisers in the State of California. The Real
Estate Appraiser Certificate of Desmond 1ohnson is
No. AG 001864, and of Todd B. Johnson is No. AG 008094.
No one provided significant professional assistance to the persons signing'
this report unless that assistance is specifically stated elsewhere in this report.
It is the opinion of the undersigned that as of April 26, 1999, (date of
valuation), the fair market value of the fee simple interest of the property is:
FORTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($42,500).
City of Cupertino
Orchard Court
5/6/99 18 of 19
A_S_fill~Y-TIONS AND LIMITING CONDITIONS
The appraisal is subject to the following limiting conditions:
The property descriptions furnished us are assumed to be correct. We assume no·
responsibility for matters legal in character, nor do we render any opinion as to the title,
which i'> assumed to be good. All existing liens and encumbrances have been
disregarded and the property is appraised as though free and dear and under
responsible ownership and comHetent management.
We have made no survey of ti1e property and assume no responsibility in
connection with such mattP.rs. The sketch in this report is included to assist the reade.r
to visualize the property.
We believe to be reliable the information identified in this report as being
furnished by others, but we assume no responsibility for its accuracy.
We are not required to give testimony or attendance in court by rea:.mn of this
appraisal, with reference to the property in question unless <irrangements have been
made previously.
We assume that there are no hidden or nor apparent conditions of the property,
subsoil, or structures that would render it more or less val1mb!e. No responsibility is
assumed for such conditions or for arranging for engineering stucfr~s that might be
required to discover such factors.
The presence of a potentially hazardous material, i.e. asbestos, toxic waste, etc.,
resulting from the past uses of the property, construction or maintenance of the buildings
(if improved) has not been considered.. Such a condition may or may 1not be present.
The appraiser(s) is not qualified to detect such substances; therefore, if desired, the
client should retain :m expert in this field.
Neither all nor part of the contents of this report shall be conveyed to the public
through advertising, public relations, news, sales, or other media without the written
consent and approval of the author, particularly as tG valuation conclusions, the
identity of th£ <:ippraiser or firm with which he is connected, or any reference to the
Appraisal Institute, or the MAI Designation.
If this appraisal relates to an estate in land that is less than the whole fee
simple estate, the value reported for such estate relates to a fractional interest
only in the real estate involved and the value of this fractional interest plus the
value of all other fractional interests may or may not equal the: value of the entire
fee simple estate considered as a whole .
City of Cupertino
Orchard Court
5/6/99
. ,,
19 of 19
I i
I
..
j
'
' . .
~ EMPLQ.YMENT
QUALIFICATIONS
OF
TODD B. JOHNSON
11/91 to Present Desmond Johnson Appraiser Inc. Fee Appraiser
4/87 tu 10/91 Bank of America Commercial Appraiser
Type of appraisal work included:
Proposed and existing commercial centers, ooth stzip and neighborhood.
Proposed and existing industrial buildings.
Proposed and existing office complexes .
.Propose.:d and existing large scale apartment buildings.
Proposed residential condominiums and single family tr'cicts.
Appraisals of both raw and improved. land.
3/86 to 2/87 Independent Property Services Review Appraiser
Responsibilities included:
Appraisal review.
Supervise fee appraisers.
Account manager for Trans America/ M<?unlain Financial I M01tgages USA
I
7/80 to 2/86 Desmond Johnson Appraiser Inc. Fee Appraiser
Responsibfo for all phases of appraisal process.
Assignments included single/multi-family tesidential, commercial ,and indusnial pro~rty.
Clients included: ·
City of South San Francisco Town of Los Gatos
Santa Clar-.t Valley Water District County of Santa Clara
State of California Judge Vincent Bruno
Bank of America Hyatt Corp.
Mary's H~lp.Hospital San Jose Health Care Center
El.UlCATION
6/80 San Jose State University B.S.Business Admin.
Real Estate Major.
Vice-Chainnan Executive Council of Business Students.
Officer of Rho Epsilon Real Estate Fraternity.
Insmute Course Work Completed
Standards of Professional Practices
Case Studies in Real Estate Valuation
· Basic Valuation Procedures
'Real Estate Principles
Report Writing
Capitalization Theory (Parts 1,2,3)
Residential Valuation
PRQE_ESSIONAL MEMBERSHIP AND LICENSING
State of California, Licensed C-ertified General Real Estate Appraiser
Candidate for MAI designation. · ·
International Right of Way Member and past President of Chapter 42.
..
RESTRICTED SUMMARY APPRAISAL
ORCHARD COURT
CUPERTINO, CALiFORNIA
CLIENT
CITY OF CUPERTINO
VALUATION DATE OF APPRAISAL
APRIL 26, 1999
TODD B. JOHNSON, APPRAISER
DESMOND JOHNSON, APPRAISER, INC.
.. ' 15181 Becky Lane
Monte Sereno, California 95030