Annex 98-08 - 10330 Imperial Ave Reso s 98-243 and 98-271Please record without fee
(Govt. Code Sec. 6103)
COUNTY OF SANTA CLARA
CALIFORNIA
LOCAL AGENCY FORMATION
COMMISSION
County Government Center, East Wing
70 West Hedding Street, 10th Floor
San Jose, California 95110
(408)299-4321
CERTIFICATE OF COMPLETION
Doc#: 14513145
11/20/1998 8:03 AM
I, Autumn H. Arias, Executive Director of the Santa Clara County Local Agency Formation
Commission, issue this Certificate of Completion pursuant to Government Code Sections 57200
and 57201.
I hereby certify that I have examined the Resolution for a reorganization attached hereto and have
found this document to be in compliance with Government Code Section 56826 authorizing cities
within the County of Santa Clara to assume authority over certain changes in government
organization.
The name of the City is: Cupertino.
The entire City is located in Santa Clara County.
The change of organization completed is a REORGANIZATION which includes annexation to the
City of Cupertino and detachment from the Santa Clara County Lighting Service District. A map
and description of the boundaries of the change of organization is appended hereto.
The title of this proceeding is: Imperial Avenue 98-08 (uninhabited).
The change of organization was ordered subject to the following terms and conditions: NONE.
The date of adoption of the City Resolution ordering the reorganization is November 2, 1998.
I declare under penalty of perjury in the Stat-- of California that the foregoing is true and correct.
Dated: z /q
Attachments: City Resolution
Legal Description
Map
Autumn H. Arias, Executive Director:
Santa Clara County Local Agency
Formation Commission
%J v
RESOLUTION NO. 98-271
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING
DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY
DESIGNATED "IMPERIAL AVENUE 98-08", APPROXIMATELY 0.439 ACRE LOCATED
ON THE SOUTH SIDE OF IMPERIAL AVENUE BETWEEN OLIVE AVENUE AND
ALCAZAR AVENUE; YINN (APN 357-19-051)
WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in
the County of Santa Clara consisting of 0.439 acre on the south side of Imperial Avenue (APN
357-19-051) has been filed by property owner Shyh-Hung Yinn; and
WHEREAS, on October 5, 1998, the City Council adopted Resolution No. 98-243
initiating proceedings for annexation of the area designated "Imperial Avenue 98-08"; and
WHEREAS, said territory is uninhabited and all owners of land included in the proposal
consent to this annexation; and
WHEREAS, Section 35150.5 of the California Government Code states that the Local
Agency Formation Commission shall not have any authority to review an annexation to any City
in Santa Clara County of unincorporated territory which is within the urban service area of the
city of the annexation if initiated by resolution of the legislative body and therefore the City
Council of the City of Cupertino is now the conducting authority for said annexation; and
WHEREAS, Government Code Section 56837 provides that if a petition for annexation is
signed by all owners of land within the affected territory the City Council may approve or
disapprove the annexation without public hearing; and
WHEREAS, evidence was presented to the City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino
as follows:
1. That it is the conducting authority pursuant to Section 35150.5 of the Government Code
for the annexation of property designated "Imperial Avenue 98-08", more particularly
described in Exhibit "A."
2. That the following findings are made by the City Council of the City of Cupertino:
a. That said territory is uninhabited and comprises approximately 0.439 acre.
b. That the annexation is consistent with the orderly annexation of territory with the
City's urban service area and is consistent with the City policy of annexing when
providing City services.
C. The City Council has completed an initial study and has found that the annexation
of said territory has no significant impact on the environment, and previously
approved the granting of a Negative Declaration.
Resolution No. 98-271
Page 2
d. The City Council on May 16, 1983 enacted an ordinance prezoning the subject
territory to City of Cupertino R1-7.5 zone.
e. Annexation to the City of Cupertino will affect no changes in special districts.
f. That the territory is within the city urban service area as adopted by the Local
Agency Formation Commission.
g. That the annexation is made subject to no terms and conditions.
h. That the County Surveyor has determined the boundaries of the proposed
annexation to be definite and certain, and in compliance with the Commission's
road annexation policies. The City shall reimburse the County for actual costs
incurred by the County Surveyor in making this determination.
i. That the proposed annexation does not create islands or areas in which it would be
difficult to provide municipal services.
j. That the proposed annexation does not split line of assessment of ownership.
k. That the proposed annexation is consistent with the City's General Plan.
1. That the City has complied with all conditions imposed by the commission for
inclusion of the territory in the City's urban service area.
M. That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
3. That said annexation is hereby ordered without election pursuant to Section 35151 et seq.
of the Government Code.
4. That the Clerk of the City Council of the City of Cupertino is directed to give notice of
said annexation as prescribed by law.
BE IT FURTHER RESOLVED that upon completion of these reorganization proceedings
the territory annexed will be detached from the Santa Clara County Lighting Service District.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of November, 1998, by the following vote:
Vote Members of the CL Council
AYES:
BURNETT, DEAN, JAMES, STATTON, CHANG
NOES:
NONE
ABSENT:
NONE
ABSTAIN:
NONE
ATTEST:
/S/ KIMBERLY SMITH
City Clerk
APPROVED:
/S/ MICHAEL CHANG
Mayor, City of Cupertino
2
" EXHIBIT A"
ANNEXATION TO THE CITY Or CUPERTINO
IMPERIAL AVENUE 98-08
MAY 1998
All that certain real property situate in the County of Santa Clara, State of California, more
particularly described as follows:
Beginning at the point on the Easterly line of that certain 4.95 acre tract of land conveyed by
David M. Noonan, et ux, to Samuel E. Hawley, et ux, by Deed dated June 15, 1943 and recorded
June 18, 1943 in book 1147 of Official Records, Page 270, distant thereon, South 300.00 feet
from the point of intersection thereof with the Southerly line of Olive Street as established by
Deed from David M. Noonan, et ux, to County of Santa Clara, dated September 18, 1939 and
recorded November 3, 1939 in Book 952 of Official Records, Page 471; thence running parallel
with Southerly line of Olive Street, N 89 deg. 57' 30" E, 135.00 feet to a point in the Westerly
boundary line of existing annexation 0-83;
Thence along the said Westerly boundary line of existing annexation 0-83, South 75.00 feet;
Thence leaving said Westerly boundaiy line of existing annexation 0-83 and running parallel
with said Southerly line of Olive Street, S 89 deg. 57' 30" W, 195.00 feet to a point in the
Westerly line of Imperial Avenue, 60.00 feet wide right of way;
Thence along said Westerly line of Imperial Avenue, North 150.00 feet to a point in the
Southerly boundary line of existing annexation R-3109;
I'lience along said Southerly boundary line of existing annexation R-3109, also parallel with said
Southerly line of Olive Street, N 89 deg. 57' 30" E, 60.00 feet to a point in the Easterly line of
said Imperial Avenue;
Thence along the said Easterly line of Imperial Avenue, South 75.00 feet to the Point of
Begimiing.
Containing
19,125 square feet, more or less.
0.439 acres, more or less
A.P.N.: 357- 19-51
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RESOLUTION NO. 98-243
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED "IMPERIAL AVENUE 98-08", PROPERTY LOCATED ON THE
SOUTH SIDE OF IMPERIAL AVENUE BETWEEN OLIVE AVENUE AND
ALCAZAR AVENUE; APPROXIMATELY 0.439 ACRE, YINN
(APN 357-19-051)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Imperial Avenue 98-08" from property owner, Shyh-
Hung Yinn; and
WHEREAS, the property, 0.439+ acres on the south side of Imperial Avenue
between Olive Avenue and Alcazar Avenue (APN 357-19-051) is contiguous to the City
of Cupertino and is within its urban service area; and
WHEREAS, annexation would provide for use of City services; and
WHEREAS, this territory is uninhabited and was prezoned on May 16, 1983, to
City of Cupertino Pre P zone; and
WHEREAS; the City of Cupertino, as Lead Agency for environmental review
completed an initial study and granted a Negative Declaration for annexation; and
WHEREAS, the County Surveyor of Santa Clara county has found the map and
description (Exhibits "A" and "B") to be in accordance with Government Code Section
56826, the boundaries to be definite and certain, and the proposal to be in compliance
with LAFCO's road annexation policies; and
WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above
certification has been paid; and
WHEREAS, as provided in Government Code Section 56826 the City Council of
the City of Cupertino shall be conducting authority for a reorganization including an
annexation to the City; and
WHEREAS, Government Code Section 56837 provides that if a petition for
annexation is signed by all owners of land within the affected territory the City Council
may approve or disapprove the annexation without public hearing;
Resolution No. 98-243
Page 2
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby initiates annexation proceedings and will consider annexation of the
territory designated "Imperial Avenue 98-08" and detachment from the Santa Clara
County Lighting Service District at their regular meeting of November 2, 1998.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 5h day of October, 1998, by the following vote:
Vote Members of the City Council
AYES: Burnett, Dean, James, Statton, Chang
NOES: None
ABSENT: None
ATTEST:
/s/ Kimberly Smith
City Clerk
G: cityderk/resolutions/98-243
APPROVED:
/s/ Michael Chang
Mayor, City of Cupertino
2
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3249
PETITION
for proceedings pursuant to the
CORTESE-KNOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1985
The undersigned hereby petition(s) the City Council of the City of Cupertino for approval of a
proposed change of organization or reorganizations, and stipulate(s) as follows:
1. This proposal is made pursuant to Part 3, Division 3, Title 5 of the California
Government Code (commencing with Section 56000, Cortese -Knox Local Government
Reorganization Act of 1985).
2. The proposed change of organization is designated as:
IMPERIAL AVE. 98-08
Situs Address: 10330 Imperial Avenue
and consists of:
X annexation to CITY OF CUPERTINO
X detachment from Santa Clara County Lighting Service Assessment District
of 0.439 acres on the south (n/s/e/w)
side of Imperial Avenue (Street/Avenue)
between Olive Avenue (Street/Avenue)
and Alcazar Avenue (Street/Avenue)
and (if applicable) annexation
detachment
of the same to/from
(name City/District(s))
3. A metes and bounds description of the exterior boundaries of the territory(ies) included
in the proposal, marked Exhibit A, and a map of the said territory(ies), marked Exhibit B,
are attached to this petition and by this reference incorporated herein.
4. Territory to be organized/reorganized is: inhabited.
("iifliabited" = 12 or more registered voters) X uninhabited.
5. This proposal X is consistent with the Sphere of Influence
is not of the affected city and district(s).
6. The reason(s) for the proposed reorganization (annexation, detachment,
reorganization, etc.) is/are: Annex parcel and a portion of Imperial Avenue.
Cupertino: Annexation Petition -2-
7. It is desired that the proposed change of organization or reorganization be made subject to
the following terms and conditions: N/A
8. The person(s) signing this petition has/have signed as (check one):
X owners) of land within the affected territory.
registered voter(s) within the affected territory.
The undersigned proponent(s) X do own 100% of the territory
do not proposed for change of
organization or
reorganization.
Wherefore, petitioner(s) request(s) that proceedings be taken in accordance with the provisions of
Section 56000 et seq. of the Government Code and herewith affix signature(s) as follows:
Signatures
of Petitioners
(Please Rn
nt
name below)
r
Date:
Date:
CHIEF PETITIONERS
(not to exceed three)
Street Address
City/State/Zi
Phone:
Phone: ( ) _-
Assessor's
Parcel No.* or
Election
Precinct No. * *
* For proposals involving uninhabited territory or for landowner -initiated proposals.
* * For proposals involving inhabited territory or for resident -voter initiated proposals.
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3354
SUPPLEMENTAL APPLICATION
FOR
MUNICIPAL AND/OR DISTRICT
CHANGE OF ORGANIZATION OR REORGANIZATION OF TERRITORY
This supplemental application must be completed in full and submitted with any petition to the
City for a change of organization (annexation or detachment) or reorganization (multiple
annexations and/or detachments) made pursuant to the Cortese -Knox Local Government
Reorganization Act of 1985 (Government Code Sect. 56000 et seq.)
PROPOSAL DESIGNATION: IMPERIAL AVE. 98-08
Annexation
to CITY OF CUPERTINO
(City or Spec. District)
Detachment from SANTA CLARA COUNTY LIGHTING
ASSESSMENT DISTRICT
ENVIRONMENTAL STATUS OF PROPOSAL
XX CITY OF CUPERTINO, as Lead Agency for environmental review of the project,
(Name of City/District)
has already prezoned the territory on May 16, 1983
( prezoned? other approval action?) (date)
and in compliance with CEQA, has:
determined that the annexation is categorically exempt from provisions of CEQA
pursuant to Cal. Adm. Code Sec.
(cite class exemption section.)
XX completed an Initial Study and Negative Declaration for the annexation, a copy of which
is attached to this application.
completed a Final EIR for the annexation, a copy of which is attached to this application.
City of Cupertino City Council is to be Lead Agency for the environmental review of the
project and the completed Environmental Information Form required by Planning staff is
attached to this application. (Planning staff phone: (408) 777-3308).
Proposal is categorically exempt form provisions of CEQA pursuant to Cal. Adm. Code
Sec. because
Suppl. Appl. -1-
CHARACTERISTICS OF THE AREA
1. Number of acres 0.439
2. Number of inhabitants 3
3. Number of registered voters I
4. Number of dwelling units I
5. a. What is the present use of the area (be brief, but specific):
Single family residence.
b. Indicate the parcel numbers of those parcels, if any, which are under contract under
provisions of the Williamson Act: N/A
c. What steps, if any, have been taken or are proposed to be taken to release the above
parcel(s) from the contract?
6. a. For city annexations what is the prezoning that has been applied by the city to the
affected area (Note: Prezoning is a filing requirement for city annexations):
R1-7.5
b. Does the applicant intend to propose a change in this zoning if and when the territory is
annexed to the City? YES NO X
If yes, indicate the new zoning which will be sought?
7. For City or district annexations, describe the development being proposed for the territory, if
any, and when this development is expected to begin.
Demolish existing single family dwelling. Build new single family dwelling ASAP.
8. Do the boundaries of the subject territory conform to lines of assessment and ownership?
YES X NO
If NO, please explain the reason for non -conformity and provide justification for approving
the boundary change as proposed:
Suppl. Appl. -2-
9. Do the boundaries of any proposed city annexation create an island, corridor or strip of
unincorporated territory? YES NO X
If YES, answer the following questions:
a. Number of acres in the island, corridor or strip? (If more than one island
is being created, indicate the acreage of each island.)
b. Number of inhabitants?
c. Assessed value?
d. Land use and zoning in island, corridor or strip?
e. Describe present and proposed sewer and water services in island:
f. Does the proponent request waiver of restriction against creation of an island?
YES NO
If YES, explain why creation of an island is justified?
SERVICES
10. Is the territory proposed for annexation/detachment/reorganization in the City or District's
urban service area: YES X NO
11. If new development is proposed on the site, will this new development be permitted without
community sewage discharging into an existing sanitary sewer system and disposal plant?
YES NO X
If YES, what arrangements will be made to provide sewage disposal?
Suppl. Appl. -3-
12. Will the extension of sewerage and/or water services or the construction of any public
improvements to the affected territory be financed by the formation of a special assessment
district? YES NO X
If YES, describe service (s) or improvement(s) and the average cost per resident/landowner
of the district.
Service/improvement:
Cost: $
/yr. for yrs. $ /yr. for _yrs.
13. List all cities, special districts, (including school districts) and County Service Areas located
within the area of this proposal. (Exclude Santa Clara County Water District, San Francisco
Bay Area Air Pollution Control District, County Library Zone, and Water Importation.)
(Refer to County Tax Rate Code Book for this information):
Cupertino Elementary School District
Fremont Union High School District
Foothill Community College District
Cupertino Sanitary District
Mid -Peninsula Open Space District
County Lighting Service Assessment
LANDOWNERS AND REGISTERED VOTERS
14. Please provide the information requested below:
a. Owners of land* within the proposed annexation/detachment/reorganization who consent
to this proposal should show their consent by signing and printing or typing their names
and addresses, with date, below. (Signatures not required if proposal is initiated by
property -owner petition: put "see petition" below and type or print names, addresses,
etc.) Assessor's parcel number, assessed land (not improvements) valuation, and if 100%
property -owner consent has been obtained, certification by City Clerk must be added
prior to consideration. Hearing not required if 100% property owner consent is obtained.
Date (Print name below City/State/Zip Tel. No. Parcel No. Value of Land
See
Petition
Shyh-Hung Yinn 10330 Imperial Avenue (408)973-8989 357-19-051 $15,025
Cupertino, CA 95014
*See next page
Suppl. Appl. 4-
"Owner of land means any person shown as the owner of land on the last Equalized
Assessment Roll; where such person is no longer the owner, then any person entitled to
be shown as owner of land on the next Assessment Roll; where land is subject to a
recorded written agreement of sale, any person shown therein as purchaser, and any
public agency owning land." Government Code Section 56048.
15. Print or type the name and address of officers or persons, not to exceed three in number,
who are to receive copies of the Director of Community Development's Report and
mailed Notice of Hearing (in addition to the Clerk/Administrator of each affected city
or district):
Name
(1)
(2)
(3)
Street Address
City/State/Zip
16. I hereby certify that all LAFCO filing requirements will be met and that the statements made
in this application are to the best of my knowledge accurate.
BERT VISKOVICH
(Print namg of person
10300 TORRE AVENUE
this CUPERTINO, CA 95014
ap7iuluu) 9
a (Date)
NOTE: It is a genral LAFCO filing requirement that a copy of this application be filed with
each school district shown on question #13 of this document if the proposal involves ultimate
new residential development of five acres or more. It is the City's responsibility to submit this
information to the appropriate school district(s) and the signature above is considered verification
that this filing requirement has been met.
Suppl. Appl. -5-
CERTIFICATE OF CITY CLERK (Required for 100% Consent Proposal)
I CERTIFY that I have checked the number of owners of property located within the
annexation/detachment/reorganization proposed by this application and that the (number)
signatures above represent all of the owners of property included in this proposal. I FURTHER
CERTIFY that, pursuant to Government Code Section 56839, the City will make determinations
on this proposal without notice or hearing.
Date:
ity Clerk
(Seal)
City of Cupertino
a. Owners of land within the proposed annexation/detachment/reorganization who do not
consent to this proposal should be listed by name, address, parcel number and assessed
land valuation below. Signatures and dates are not required. Hearing will be held for less
than 100% consent applications.
Street Address Street Address
Name City/State/Zip Name City/State/Zip
(If additional space required, continue list on separate sheet and attach.)
b. FOR NOT -100% CONSENT PROPOSALS, list all registered voters residing in the
territory proposed for annexation/detachment/reorganization if different from the
landowners shown in 14a. and 14b. above.
Street Address Street Address
Naive City/State/Zip Name City/State/Zip
(If additional space required, continue list on separate sheet and attach.)
Suppl. Appl. -6
�** OLD REPUBLIC TITLE COMPANY
167 S. SAN ANTONIO ROAD, STE. 2 • LOS ALTOS, CA • 94022 • (650) 941-5700 • Fax: (650) 941-6957
PRELIMINARY REPORT
Issued for the sole use of:
NEWMAN REAL ESTATE
10410 IMPERIAL AVENUE
CUPERTINO, California 95014
Attention: JIM YEH
Property Address: 10330 IMPERIAL AVENUE, Cupertino, California
UPDATE
Our Order No. 460991 -KC
Reference
When Replying Please Contact:
Karen Cornett
In response to the above referenced application for a policy of title insurance, OLD REPUBLIC TITLE
COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy
or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,
insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or
referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit
A attached. Copies of the Policy forms should be read. They are available from the office which issued
this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in
Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with
notice of matters which are not covered under the terms of the title insurance policy and should be
carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition
of title and may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the Issuance of a policy of title insurance, a Binder or Commitment should be requested.
Dated as of June 25th 1998 at 7:30 A.M.
OLD REPUBLIC TITLE COMPANY
For Exceptions Shown or Referred to, See Attached
Page -1 of 5 Pages
ORT 3157-A (Rev. 1/1/95)
OLD REPUBLIC TITLE COMPANY
ORDER NO. 460991 -KC
UPDATE
The land referred to in this Report is situated in the County of Santa Clara , in the unincorporated area,
State of California, and is described as follows:
PARCEL ONE:
Beginning at a point on the Easterly line of that certain 4.945 acre tract of
land conveyed by David M. Noonan, et ux, to Samuel E. Hawley, et ux, by Deed
dated June 15, 1943 and recorded June 18, 1943 in Book 1147 of Official Records,
Page 270, distant thereon, South 300 feet from the point of intersection thereof.
with the Southerly line of Olive Street as established by Deed from David M.
Noonan, et ux to County of -Santa Clara, dated September 18, 1939 and recorded
November 3, 1939 in Book 952 of Official Records, Page 471; thence along said
Easterly line of the 4.945 acre parcel of land, South 75.00 feet; thence
leaving said Easterly line and running parallel with said Southerly line of
Olive Street, North 89 deg. 57' 30" West, 135.00 feet to a point in the Easterly
boundary line of a certain 60.00 foot right of way; thence along said right of
way, parallel with said Easterly line of the 4.945 acre tract North 75.00 feet;
thence leaving said Easterly line of the right of way and running parallel with
said Southerly line of Olive Street, South 89 deg. 57' 30" East 135.00 feet to
the point of beginning, and being a portion of the Southwest 1/4 of Section 14,
Township 7 South, Range 2 West, M.D.B. & M.
PARCEL TWO:
A non-exclusive right of way (appurtenant to the above described parcel of land)
for ingress and egress and the installation and maintenance of public utilities
over.a strip of land 60.00 feet wide, the Westerly boundary line of which is
described as follows:
Beginning at a point in the Southerly line of Olive Street as said Southerly
line was established by Deed from David M. Noonan, et ux, to County of Santa
Clara, State of California, dated September 18, 1939 and recorded November 3,
1939 in Book 952 of Official Records, Page 471, which said point is distant
along said Southerly line of Olive Street, South 89 deg. 57' 30" East 135.00
feet from the point of intersection thereof with the Northerly prolongation of
the Easterly line of Tract No. 300 Noonan Subdivision Unit No. 2, the Map of
which was filed for record in the Office of the Recorder of the County of Santa
Clara, State of California, on May 5, 1946 in Book 10 of Maps, Page 16, thence
leaving said line of Olive Street and running parallel with said Northerly
prolongation of the Easterly line of said Tract No. 300 and said Easterly line
of Tract 300, South 375.00 feet, the Northerly terminus of said 60.00 foot right
of way to be the Southerly line of Olive Street and the Southerly terminus of
said right of way to be the Westerly prolongation of the Southerly boundary of
the premises hereinabove described.
357-19-051 63076 AZ/LA/TKP A 357-19-051 11-25-97
ltc
Page 3 of 5 Pages
3157-C
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EXHIBIT A
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY - 1990
following matters are expressly excluded, from the coverage of this policy and the Company will not pay loss or damage, costs,
)rneys' fees or expenses which arise by reason of:
(a) Any law, ordinance or governmental regulation (including but -not limited to bullding or zoning laws, ordinances or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions
or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions of
or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation
of these laws, ordinances or governmental regulations, except to the extent that a notice of enforcement thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records
at Date of Policy.
(b) Anygovernmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of
a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public
records at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for
value without knowledge.
Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this
policy.
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or
for the estate or interest insured by this policy.
Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which
the land is situated.
Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by
the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction
creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors'
rights laws.
addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments
on realproperty or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by
the records of such agency or by the public records.
Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of
the land or which may be asserted by persons in possession thereof.
Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose,
and which are not shown by the public records.
(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
SCHEDULE OF EXCLUSIONS FROM COVERAGE
(a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character,
dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the
dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any
violation of these Iav1s, ordinances or governmental regulations except to the extent that a notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
(b) Anygovernmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of
a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at
Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for
value without knowledge. -
ORT 3157-F (Rev 1-1-95) . (Continued on next page)
EXHIBIT (Continued)
Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company and not shown by the Public records but known to the insured claimant either at Date of Policy or at the
date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant
to the Com any prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured
claimant; (d� attaching or creating subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained
if the insured claimant had paid value for the estate or interest insured, by this policy,
Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similar creditors' rights laws.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 (Rev. 1992)
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating
or prohibiting the occupancy , use or enjoyment of land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a_ separation in ownership or a reduction in the dimensions or area of the land, or the
effect of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public
records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the
date such claimant acquired an estate or interest insured by this
writing by the insured claimant to the Company prior to the dapolicy or acquired the insured mortgage and not disclosed in
te such insured claimant became an insured hereunder; (c) resulting in
no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is
afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for
street improvements under construction or completed at Date of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner
of the indebtedness to comply with applicable 'doing business laws" of the state in which the land is situated.
5. Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent
transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable
subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the
preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT
FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE
following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
rneys' fees or expenses which arise by reason of:
(a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character,
dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the
dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of
violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of
a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public
records at Date of Policy.
ght'
of
has
deminent domain unless
exercise thereof
erecorded inpublic
records hs(liay,bcexcung fromcoveageany taking which has occurredpriorto Date of Policy whhwouldbebindngonthe rights oophaser
for value without knowledge.
Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the
insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to
assessments for street improvements under construction or completed at date of policy); or
(e) resulting in loss or dm
aage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
RT 3157-G (Rev 1-1-95) . ( Continued on next page )
t -
"� EXHIBIT (Continued)
Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness, to comply with applicable 'doing business laws' of the state in which
the land is situated.
Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof which arises out of the transaction evidenced
by the Insured mortgage and is based upon usury or any consumer credit protection or truth in ending law.
Any statutory lien for services, labor, or materials (or claim of priority of any statutory lien for services, labor or materials
over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced
subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage
which at Date.of Policy the insured has advanced or is obligated to advance.
Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the Interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent
transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable
subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential
transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor.
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY - 1987
EXCLUSIONS
addition to the exceptions in Schedule B, you are not Insured against loss, costs, attorneys' fees and expenses resulting from:
1. Covermental police power, and the existence or violation of any law or governmental regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
-land use
improvements on the. land .:
x+r:..land division " r7
environmental protection
This exclusion does not apply toviolations ' or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
a notice of exercising the right appears in the public records on the Policy Date.
the.taking happened prior to the Policy Date and is binding on you.if you bought the land without knowing of the taking.
3. Tide Risks:
that are created, allowed, or agreed to by you - ;
that are known too,
but not to us, on the Policy Date - unless they appear in the public records.
that result in no loss to you
that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered
Title Risks.
4. Failure to pay value for your tide. '
5 `Lack of a nght: ", ' ;
' to any land outside the area specifically described and referred to in Item 3 of Schedule A
or
in streets, alleys, or waterways that touch your land.
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by making inquiry
of parties in possession of the land.
i�
j: 2. Any liens or easements not shown by the Public Records. However, this does not limit the affirmative coverage in Item 8 of Covered
Title Risks.
3. Any facts about the land not shown by the Public Records which a correct survey would disclose. However, this does not limit the
affirmative coverage in Item 12 of Covered Title Risks.
4. (a) Any water TFights or claims or title to water in or under the land; (b) unpatented mining claims; (c) reservations or exceptions
in patents or in acts authorizing the issuance thereof.
ORT, 3157.H (Rev 1.1-95).