Annex 99-06 - Stelling Rd Resos 99-324 and 99-345tole 0-�'c re_{Urn qL-C l 160-Y
Please record without fee
(Govt. Code Sec. 6103)i N 0 0 H S 12E 0 C 0 Py
COUNTY OF SANTA CLARA
CALIFORNIA
LOCAL AGENCY FORMATION Doc# : 15195430
COMMISSION 3/29/2000 11 :55 AM
County Government Center, East Wing
70 West Hedding Street, 10th Floor
San Jose, California 95110
(408) 2994321
CERTIFICATE OF COMPLETION
I, Neelima Palacherla, 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: N. Stelling Road 99-06 (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 December 6. 1999.
I declare under penalty of perjury in the State of California that the foregoing is true and correct.
C3
Dated: 691n?V0-?'1
V
Attachments: City Resolution
Legal Description
Map
NeelAna Palacherla, Executive Director:
Santa Clara County Local Agency
Formation Commission
RESOLUTION NO. 99-345
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "N. STELLING ROAD 99-06", APPROXIMATELY 0.24
ACRE LOCATED ON THE WEST SIDE OF N. STELLING ROAD BETWEEN
GARDENA DRIVE AND GREENLEAF DRIVE; SEET (APN 326-08-051)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.457 acre on the east side of
Imperial Avenue (A -PN 326-08-051) has been filed by property owner William Seet; and
WHEREAS, on November 1, 1999, the City Council adopted Resolution No. 99-
324 initiating proceedings for annexation of the area designated "N. Stelling Road 99-
06"; 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 "N. Stelling Road 99-06", 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 0.24
acre.
Resolution No. 99-345
Page 3
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 6 1 day of December, 1999, by the following vote:
Vote Members of the City Council
AYES:
Burnett, Chang, James, Lowenthal, Statton
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
/s/Kimberly Smith
City Clerk
APPROVED:
/s/John Statton
Mayor, City of Cupertino
3
" EXHIBIT A "
u ANNEXATION TO THE CITY OF CUPERTINO
N. STELLING ROAD 99 - 06
MAY 1999
REVISED SEPTEMBER 29, 1999
All that certain real property situate in the County of Santa Clara, State of California, more
particularly described as follows;
Lot 7 and a portion of Stelling Road, as shown upon that certain Map entitled, " Tract No. 631,
Garden Gate Village ", which Map was filed for record in the Office of the Recorder of the
County of Santa Clara, State of California on May 23, 1949, in Book 22 of Maps, at pages 56,
and more particularly described as follows;
Beginning at the point of the intersection of the easterly prolongation of the Northerly boundary
line of said Lot 7, 10 feet from the Westerly line of Stelling Road ( 50 feet wide ) with the
Westerly boundary line of certain annexation to the City of Cupertino entitled Stelling 2,
Ordinance No. 57;
Thence running with Westerly boundary line of said annexation S 0 deg. 10' 20" W 77.45 feet;
Thence leaving said Westerly boundary line and running with the easterly prolongation of the
Southerly boundary line of said Lot N 89 deg. 54' W 135.00 feet to a point of the Westerly
boundary line of said Lot;
Thence running with said Westerly boundary line N 0 deg. 10' 20" E 77.45 feet to a point in the
Northerly boundary line of the said Lot;
Thence running with the said Northerly boundary line S 89 deg. 54' E 135.00 feet to the Point of
Beginning.
Containing : 10,456 square feet, more or less.
0.24 acres, more or less
A. P. N.: 326 - 08 - 051
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RESOLUTION NO. 99-324
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING
DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "N.
STELLING ROAD 99-06", PROPERTY LOCATED ON THE WEST SIDE OF N. STELLING
ROAD BETWEEN GARDENA DRIVE AND GREEN -LEAF DRIVE; APPROXIMATELY
0.24 ACRE, SEET
(APN 326-08-051)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Greenleaf Drive 99-03" from property owner, Lisa Lei Wang;
and
WHEREAS, the property, 0.24+ acre on the west side of N. Stelling Road between
Gardena Drive and Greenleaf Drive (APN 326-08-051) 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 17, 1999, to City of
Cupertino Pre R1-10 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;
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
"N. Stelling Road 99-06" and detachment from the Santa Clara County Lighting Service District
at their regular meeting of December 6, 1999.
Resolution No. 99-324
Page 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 1St day of November, 1999, by the following vote:
Vote Members of the City Council
AYES:
Burnett, Chang, Dean, James, Statton
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
/s/Kimberly Smith
City Clerk
APPROVED:
/s/Wally Dean
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:
N. STELLING RD. 99-06
Situs Address: 10627 N. Stelling Rd.
and consists of:
X annexation to CITY OF CUPERTINO
X detachment from Santa Clara County Lighting Service Assessment District
of 0.24 acres on the west
(n/s/e/w)
side of N. Stelling Road
(Street/Avenue)
between Gardena Drive
(Street/Avenue)
and Greenleaf Drive
(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.
("inhabited" = 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).
Cupertino: Annexation Petition, page 2
6. The reason(s) for the proposed annexation (annexation, detachment,
reorganization, etc.) is/are
7. It is desired that the proposed change of organization or reorganization be made subject to
the following terms and conditions:
8. The person(s) signing this petition has/have signed as (check one):
X owner(s) of land within the affected territory.
registered voter(s) within the affected territory.
9. The undersigned proponent(s) X do own 100% of the territory
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:
CHIEF PETITIONERS
(not to exceed three)
Signatures
of Petitioners
(Please print Street Address Assessor's Election
name below) City/State/Zip Parcel No.* or Precinct No.**
I-
� �0 �i Q �mwt5kjA 1A
!� - (h 1�0� �
(Sign here) /
Date: 0 �7 ��L [ Q Phone: (�0h 7
Phone: (-
* For proposals involving uninhabited territory or for landowner -initiated proposals.
* * For proposals involving inhabited territory or for resident -voter initiated proposals
City of Cupertino (408) 777-3354
10300 Torre Avenue
Cupertino, CA 95014
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: N. STELLING RD. 99-06
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 17, 1999
( 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 0.24
2. Number of inhabitants 4
3. Number of registered voters 2
4. Number of dwelling units 1
5. a. What is the present use of the area (be brief, but specific):
Single Family Dwelling.
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):
PR R1-10.
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.
Construction of a new single family residence as soon as possible.
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
William Seet 2830 Homestead Rd. (408) 314-7999 326-08-051 $85,587
Santa Clara, CA 95051
Chuan L' 1405 Camden A (408) 371`- 96 .
e 95008
*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):
Street Address
Name City/State/Zip
(1) William Seet 2830 Homestead Road
Santa Clara, CA 95051
1405 Ca en Ave
CknjpKell, C 95 08
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 name of person completing this
10300 TORRE AVENUE
CUPERTINO, CA 95014
-7/1-6 /Tq_
(Date)
NOTE:( It is a geAeral 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
amiexation/detachment/reorganization proposed by this application and that the (number)
signature above represent all of the owners of property included in this proposal. FURTHER
CERTIFY that, pursuant to Government Code Section 839, the City will snake determinations
on this proposal without notice or hearing.
Date: d`i'���
sty 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
Name
than 100% consent applications.
Street Address
City/State/Zip
Name
(If additional space required, continue list on separate sheet and attach.)
Street Address
City/State/Zip
b. FOR NOT -100% CONSENT PROPOSALS, list all registered voters residing in the
territory proposed for annexation/detachment/reorganization if different from the
Name
landowners shown in 14a. and 14b. above.
Street Address
City/State/Zip
Name
(If additional space required, continue list oil separate sheet and attach.)
Suppl. Appl. -6
Street Address
City/State/Zip
JUN -28-1999 MON 12:56 PN FAX NO
16506920205 FIDELITY NATIONAL 703 P01
fJ�r` _ --
40
Fidelity National 'title Company
2150 North First Street, $wits 310 a San Jogo, GA 95131
PRELIMINARY RIEPORT
ESCROW OFFICER: Georgia Brown
P. 01
JUN 28 '99 12:42
ORDER NO,: 510007.45
TO: Fidelity National Title Company
233 EI Camino Real
Millbrae, CA 94030
ATTN: Georgia Brown (650) 692-0234
YOUR REFERENCE.: 03003970
SHORT TERM RATE: yes
PROPERTY ADDRESS: 10627 N, Stalling Road, Cupertino, California
EFFECTIVE DATE: Jure 16, 1999,07:30 A.M.
The form of Poiioy or Policies of title insurance contemplated by This report is:
American Land Title Association Loan Policy (10-17-92) with A.L.T,A. Form 1 Coverage
1, THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED QR REFERRED
TO COVERED BY THIS REPORT IS:
A Fee
2, TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
William 9661, an Unmarried man
3, THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE
UNINCORPORATED AREA, IN THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
$EE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF
MR1MR 06126/1999
1
UN -28-1999 KION 12:57 PM hAx NO. P, 02
IS506920203 FIDELITY NATIONAL 703 P02 SUN 28 199 12:48
Order No. 51 000743
EXHIBIT "ONE"
Lot 7, as shown upon that certain Map entitled, "Tract No, 631 Garden Gate Village",
which Map was tiled for Record In the Office of the Recorder of the County of Santa Clare,
State of California, on May 23, 1949, in Book 22 of Maps at Page 56,
Asaesscre Parcel No: 326-08.051
JUN -28-1999 MON 12:57 PM
16506920203 FIDI=UiTY NATIQNRL
r Ax NO, P. 03
703 poi JUN 28 '99 12:48
Order No. b 1000'748
AT THE DATE HEREOF, ITEMS TO SB CONSIDERED AND EXCEPTIONS TO COVERAGE IN
ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM
WOULD BE .A3 FOLLOWS'
Property taxes, which are a lien not yet due and payable, Including any asSesrments
coileC%ed with taxes to be levied for the fiscal year 1999-2000.
2. property taxes, including any personal property taxes and any assessmsnts collected
With taxes, for the fiscal year 1998-1959, Assessor's Parcel Number 326.08.061,
Carle Area dumber: 63.052
1st Installment: �1,1S®.98 Paid
2nd Installment: $1,158,96 delinquent, penalty $125,89
Land: 885, 567.00
Improvements: $106,373,00
Exemption: 97,000
Pereona! Property: $None
31 Supplemental assessment for 1998-1999
Bill No.: 326.08-051-81
1st Installment: $734,39
Must be paid by: .lune 30, 1999
2nd Installment: $734,39
Must be paid by: October 31, 1999
4. The lien of supplemental texas, if any, assess®d puesuan% to the provistons of Chapter
3.6 ICommencing with Section 751 of the Revenue and Taxation code of the State of
California,
5. Covenants, conditions and restrictions (deleting therefrorn any restrictions Indicating
any preference, limitation or discrimination based on race, color, religion. sax,
hundicap, familial status or national origin) as eat forth in the document
Recorded: May 23, 1949, InstrumentJPile No, 0674805, Book 17S1, Page
508, of Official Records
Said covenants, conditlons and rastriciions provide that a violation thereof shall not
defeat the Ilan of any mortgage or deed of trust made in good faith and for value.
61 A deed of %rust %4 secure an indabiodness In the amount shown below, and any other
obligations secured thereby
Amount:
$312,000.00
Dated:
December 16, 1998
Trustor:
William Saa%, an unmarried man
Trustee:
DSL Service Company, a California corporation
Bena'floiary:
Downey Savings and Loan Association, F.A.
Address:
3501 Jamboree Road
Newport Beach, CA 92660
Loan No„
8022321558
Rocorda&
December 23. 19913, instrument No. 14567525, of Official
Records
JUN -28-1999 MON t2:57 PM FRY. NO P, 04
16506920203 FIDELITY NATIANAL 703 PO4 TIJN 28 '99 12:45
ITEMS! IContlnued) Qrdef No, 51000748
ENR OF ITEMS
{Vote 1. The Company is not aware of any malters which would cause it to decline to attach
the CLIA Endorsement Form 116 Indicating that there Is located on said land a single
family residence known as 10627 N. Stalling nPad, Cupertino, CA to an Extended
Coverage Loan Policy,
Note 2. Tho only deeds affecting said land, which recorded within twenty-four (24) months of
the date of this report, as are follows:
Grantor, Avondale Federal Savings Bank
Grantee: William Seat, an unmarried man
Recorded: December 23, 1998, instrument No. 14687524, of Dffiolai
Records
Nota 3, Section 12413.1, California Insurance C9de became affective January 1, 1590, This
ie9islation deals with the disbursament of funds deposited with any title entity acting in
an sucrow or suWscrow capacity. The law requires that all funds be deposited and
coltootsd oy the title entity's escrow and(or subescrow account prior to disbursement
of any funds. Some methods of funding may subject funde to a holding period which
must expire before any funds may be disbursed. In order to avoid any such delays, all
funding® should be done through wire transfef, certified check or checks drawn on
Callornia financial institutions,
Coote a. The charge where an order is cancelled after the issuance of The report of title, will be
that amount which 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 lass than the minimum amount required under Section 12404.1 of the
Insurance Code of the State of Cgilfumla. If the report cannot be cancalled "no fee'
pursuant to the provisions of said Insurance Code, then the minimum cancellation fee
shall be th®t permitted by law,
Note S. California Revenue and Taxailon Code $action 18668, effective January 1, 1991,
requires that the buyer In all salea of California Real Estate, wherein the Sellar shows
an out of State Address, withhold 3-1/3% of tate tots( galas price as California Stato
Income Tax, subject to the various provisions of the law as therein contalnod.
4
JUN -28-1999 MON 12;58 PM FAX NO. P. 0E
16506920233 F I DEI. I TY NAT I1 DNAL. 703 P06 JUN 28 '39 12:49
NOTICE
IF YOU BOUGHT, SOLD OR REFINANCED A HOME (F1EsioENTIAL APAL PROPERTY) iN
CALIFORNIA BETWEEN JULY 1, 1989 AND FEBRUARY 26, 1997, PLEASE READ TH5
FOLLOWINO:
Pursuant to a Settlement Agreement in a class action lawsuit filed in the Superior
Court for Los Angeles County, a settlement agreement has been 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 certain rights, if you are such a person
and you are now engaged in an escrow transaction with Chicago Title Company, Gateway
Title Company, Benefit Land Title Company or Fidelity National Title Insurance Company,
you have the following rlghts:
if one of these companies previously handled a residential escrow transaction for
you that Involved residential real property in which a mortgage, promissory nota, or similar
debt Instrument, repayrnant of which was seGurod by a duty recorded dead of trust, waa
fully paid, satisfied or discharged and 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 reconveyance be
recorded In accordance with the teras of the Settlement Agreement,
To obtain this right you must;
(1) Establish to the satisfaction of the title company that you actually closed
an escrQW between July 1, 1989 and February 27, 1997, which was handled by one of
the above listed title insurance 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 mode by presenting a closing statement, preliminary title report, title
insurance policy or a paid escrow invoice which identifies you and the prior deed of trust:
and
(2) Request in writing the 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 true above -earned title companies,
if you believe that you erre entitled to benefits as a claaa member, plesse send your written
raquaffita or arty quostions concerning the foregoing to Janet Sorack, Legal Department,
Fidality Wational Titlo Ineuranee Company, 17911 Von Karman Avenue, Suite 300. Irvine,
California 92614,
JUN -28-1999 MON 12,59 PN FAX NO, P. Or
16506920203 FIDELITY NATIONAL. 703 POT
EXHIBIT ,A
AMERICAN LANA TITLM 020CIATION
RESIDENTIAL TITLE INSURANCIE POLICY I0•1-971 EXCLUSIONS
Ili Wipin tc the FwwMma, you ru net Inferud Metal tuof, Omar dtorn"'tl fwv, ad thin vaprrww
roeulting (romi
1, ►ny r1g^1s, —atv, a dolma al pard.+ wv.rtw
In po.im, of tl a INd Am wn by nro veolkt cowers.
e fo d 1101,
e Impev .memo on thv haul
a larin il4ylwlan
• e.ty6erenrntd PHAVIA)on
TIN axoFWun dow rot apply to vnoltmonti or the rrltorcwnItrd d tr,,en, fnRtWv h4holl appeal In IN
pptabp. (Werde vt 0141, dela,
IKA adelhwon rhea hal nmil the ei qaorarvappa devedbad In Item 12 and 15 OF �'vvwvl TBW P{fbs,
2. The right to !Oka it. lard by r:ondamNnq B, Wiwol
w It Mvioo ar atwituiire the NII appears In the public )smile on the palsy Dtla
•
"O
raklral ha�q Filer to ilia Poky Uta- and la willing stn yw/ ;f Td bought Ills [gold wtur ole
knavNadaa a the he Iw%q
?UN 29 199 12:45
d.Tide Ftokoi
/that we aeoltld, IOaw44, or r,Wfiw to by you
"M aro krowh to NO, Wt bel 40 4% Uri IPw relay Dale•ta`l,tav IIAV sppauad in iba put& racorda
NINA r In 104 w
h l nnI alfaoloyeuf Ude &flat IBA flyby Dort . INa ansa not Irrit Sha loam era mxoriai pen t erags
In Isom d el Covated TIw hi
4, Ws to pry fahil IN your ti
g. beak of s A#M,
f to dfw lord ovtaldo taw was speoifbdly doll am f0ber d to In flan 10 khedwie A
Or
f In wtivob, 9*, w wstoiwayo that mush your I".
ams exaerlon dopa hol All the warvrrl ueeviafie 111 Itwll 4 of rroy+faa 11111, ,4irhb.
SCHWULE 0
EXCEPTIONU
In aeillcn to tat 6 wlufi/nt, yaw ft nal lowered e"Im lays, Outri slaril t.ee, 4N IN 690.0-6
14WIng nam
1 Any riotaf, iftivi al, at Wilrnv of wife, in 1,r tri I" nal fieown by the "14 toes o_
2, Ary vfurylydo or ilutw not ohawn by Ina "lo too Olds, THe does res imii the lien o irtil a ill Item
td of Craorod "Id" rlWttu,
+.any fable about the land whir, v comm all world dodo" rd "nigh Ws rr4 ira•Vn by toe 046U.
io4aide, Trill4ay not kinil ttla Impel Iwnoyd aavetpe In item 1Q al Cwtl Title Pill
d.4nY water 119FIN or oleimtl w tide to were ill N .,Mat IF,. IW,I, v1f10eher G alp ehown by Iha p,,Wle
Ity"wilm
CALIFORNIA LAND TITLE A84QGIATION STANDARD COVERAGE POLICY • 1990
EXCLUSIONS FROM COVliRA91
the W"nq tnattwo oa Iteratively v uludwl from thr wvweoti of Via Wlvv wW the Caupwrn, r4l no
rev Inav or Gam W+, feoy, aslarnev'a taco or gw(waf 1Wnbh arm llyrfaw all
I. iW Any levy, adhonim tx 110Mnrnafil/itspalatlon I11wilit4lnp butnef MOW Io Many sM toaro to",
ar4lnFrroae. or rapultFonaS rari,icdllg, won Mono IN FWMlrlg to pl thv ottltiparI unit at 4ni"'411 of
1110*1G; till UM CNratteu, limor.wioryl rlr wwah or 4" Ifppttivii Power Masher trtiatea whir
land; illil o "parmlon In awneril or a otagf In the denrwlonr a into of oro livid lit, any pvlod of
f4ith irrr into N hr' will 4 pity, or tivf anviiaf hwhiii poliw h, w tna elfeat of any v!ddt!db of dale
Itivd, bNOP-ol virg thereat of a "Oft or a Wife, Ilun of vteaimttlnea r/ktrillto tfgw a vid/den or
16+904 imstnr, wwriif the leaf tin berth fatlerlef In thio POO f/0ado o Duo of PGpoy.
lot Ary no*vm era4l price yowbt nul rlirdwged by Or *eye, Ilii to rhe 4xram thin a "Iran at the
wtataltla Mraet d a flat04 at a ININW, Holt at /tiAUTbfrnaf witilibnp fletn a ylflalari a alleged
IWiRlor Af(ai4lho MA IAV No town rurnlad in the puata ante■ at 0ato of Ploy.
a, Fiorito of wrew 4fmaln wale// Retire of 1110 oworslvlt IlwiM hw bean I.uardtat h tw ffyytn rmff4y
.1 Dtita of Ill W. not aKaludfnQ trail oaysage any tilling,whion hies occurred pnoi to Doi of
HIlli whldh whiM Ito bhdlng an lIW fill of a mph&* 191 will Withal knowailes.
7, DyNt'ln, I141,., ant-HINVwnete, nfoaaf risme, or al hteban
lot areeidd, luffa/a, seiumad of aw"d to by IN Invwed dv!rovnh
(W nm 6nnvtm 19 The f"mpmy, rot reeord.d In rho PUNQ retail OL Delta of P06ey, but kimft, to the
loured Maiming anon aiattlmcif hl WjrW q w the Ceropvny py 11w11laa.4 rifiry t plot to (w duo
IFP Inilafd al4iry N b►aarne on In gumd vndor that polil
10 raedYhp In no Idea of i1wheav to to htwf►d tiimhretl
WI 4.44w•q Or wooed subfayuent to age of M'w' w
Id raalanp Irl Iwv a dantrga wN9h world not 1If"o b—ft wetuhbd if IM ,rwwd d itn■re Rod pad
eaelo fs the eneoo or ir/erart Invlod by I* poaov,
Wrlefllatneabllhy at thin Ilan at IM enaV.d Mdrighee edea,nv 81 Ilio ieebihty o OI the ineavei yr
Data of Polley, a tin ineb,4ty w 1`40-44 ar Al owbehjl,wJ owner at the Mataodntso, ;a rolrmply With
IMt atpkasblf dolrep "
beaine loaf 91 the tMb in .hail Uel IIAJ .y yiAletpL
Inydidlty of UmmolOs imy d If,o Wil al Ir to" n,ongapo, or ddm ihnool, rvtanit Mlew NI pf
the irmwastion endowed by Itw 111,Vlyei in�nGMle u�l ie ltn4 . tapas leery ar any aontumor welit
wutettlaet or lawn M w"Al I.W.
Any claim, which wifw WI ur Ihti twovotion ya.t' pi ille;ruattad the eafolQ of Intarwt Iryaaed by
1I60 0,461V Pt rr. sinaaaUan afninp tee ittctvwt of the inial iendW, by eaten of me opamlon at
fodorel bankruptcy, ill" inrta,oeny, w iWN' ottN,ty.' tldhrd iar i,
SCHEDULE 4
EXCEPTIONS FROM COVERAGE
Tali pOi(vy door rot irwaia aawit law a, lan"It land the Company yelp hal PW peals, oitarmy's Nu at axpermsl wNah a" by sawn or;
PART 1
1, Tinges w afaocamenif gMoh rd not vhoym of 61, oth Ao Valyl by the t"4s or any t ir4 eutri lry 1ha1 1, Eafotname U114 OF okra rMa t a1,, w al,pmv thwtof, 1011th tie Ill.herrn III eh, 1ANA, 1"46.
Ityyn rot" nob/waeart'iariaan IRA prapatty a by IF& pubic ruoodv. Proo-olinpa by a pubic ooaney 4. parap;Rea, ornflio a In boundray rinv., ehataaa In Nw% anaoaaalrserua, or any olhr facla whkh
which may fosun In iwaa or wfwvmaMn +'gill{caw q4 atoh praeaa4lhdn, whwiW ad nor ahetar, by a aaM.fl +tayy wavLd dltidow, fila vtiloh r. not ehown by dee tnlMiy rw0hr,
(rtw r4KONf we birch Abonah or be dr, pvWo roovde. p. 10 UnPYeriod i inlay (44") Ind riwwu,fl,:lr s oeoapdone to patents a in Am suthadidao 0'aAny .rete, Amon, lirwefrt At alllrna hmn pia mat 4Mvyn by the ootid reaadf bull wliah OR* 4" Niueroa "Out: lel weww ripM., slam. thtr to WO -F, wisely.? a rte the hi -ft.. aocepred im4w
Neertonad by on we"otar, of the Ifni or wliylt may be eMware4 lin, palters M powara e'en Mortal. W. (b), a hid a -.Dawn by rob pabad (morwd..