89-110 Don Brown Housing for City Manager, Resolutions 7765, 7784, 7925,7926,7927, 7928, 8954AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
DONALD BROWN REGARDING HOUSING ASSISTANCE
THIS AGREEMENT is executed this 6th day of
March
, 1989, by and between the CITY OF
CUPERTINO, a municipal corporation, hereinafter referred
to as "City" and DONALD BROWN who has been employed as
City Manager by CITY, hereinafter referred to as
"Brown."
T)VOTMAT c
WHEREAS, CITY has retained BROWN as its City
Manager, the chief administrative position in CITY,
after an extensive search for the most qualified candi-
date; and
WHEREAS, CI`1'Y requires its City Manager to reside
within the City limits; and
WHEREAS, CITY and BROWN have met and discussed
compensation and realize that due to extremely high
costs of housing within Cupertino, CITY roust assist
BROWN in obtaining suitable .'Housing within Cupertino;
and
WHEREAS, BROWN contemplates the purchase of a
single family residence within Cupertino, hereinafter
referred to as "the residence;" and
NOW, THEREFORE, IT IS AGREED as follows:
1. Purpose. The purpose of this Agreement is to
[CC.AB.01 1
set forth those understandings reached by CITY and BROWN
regarding housing assistance. It is understood that
subsequent to the execution of the Agreement, BROWN must
execute further documents and CHERYL BROWN, his wife,
will execute the same documents with respect to the
purchase of the residence.
2. Terms of Employment. This Agreement addresses
only one segment of BROWN'S -terms and conditions of em-
ployment. It is understood that CITY and BROWN may
agree to such other terms as are consistent with the
municipal code and California law.
Further, it is expressly agreed that nothing con-
tained herein shall be construed to provide BROWN a con-
tract of employment as City Manager. CITY, through its
City Council, continues to maintain its sole authority
to retain or dismiss its City Manager from employment.
The exercise of such authority by CITY shall not estab-
lish in BROWN a cause of action for money damages due to
a loss of the housing assistance provided herein. Noth-
ing herein is intended to create any obligation to pro-
vide housing assistance for any person or persons except
BROWN himself.
3. Terms of Housing Assistance.
A. Type and Amount. BROWN may obtain, upon
request, housing assistance from CITY as follows:
1) A grant in amount not to exceed
$15,000, which represents the actual amount expended by
[CC.AB.0] 2
BROWN as closing costs for the sale of his residence in
Chandler, Arizona. Said grant shall be payable upon
close of escrow on said sale.
2) A grant in an amount not to exceed
$7,500.00, which represents the actual moving costs
incurred by BROWN in moving him and his immediate family
from Chandler, Arizona to Cupertino. Said moving costs
shall include furniture moving costs, and transportation
costs.
3) Use of the CITY owned condominium
located at 19310 Portal Plaza for up to 9 months rent
free pursuant to City Council Resolution No. 7715.
During BROWN'S use of said condominium, he shall be
reimbursed his air fare between Chandler, Arizona and
Cupertino up to once a month for purposes of visiting
his family in Chandler. In addition, BROWN is granted
the sum of $1,000 as an allowance for the purpose of
defraying his, or his family's costs associated with
searching for a more permanent residence in Cupertino.
4) A loan by CITY to BROWN not to exceed
$225,000 to be used for the purchase of a residence of
BROWN'S choosing within the City of Cupertino. Said
residence shall be occupied by BROWN as his primary
residence. Said loan is to be evidenced by a promissory
note in favor of CITY secured by a first deed of trust
encumbering the residence. Said promissory note shall
be for a term not to exceed 30 years and shall bear
[CC.AB.0] 3
interest at the rate of eight percent (80) per annum
fixed and shall be payable in equal monthly installments
of principal and interest. BROWN may prepay at any time
all, or a portion, of this loan without penalty. BROWN
shall authorize CITY to make an automatic payroll
deduction to cover payments with respect -to the CITY'S
loan. Such payroll deduction shall have priority over
all other deductions except those required by law. CITY
shall provide BROWN a year-end statement showing the
amount allocated paid to principal and the amount paid
as in interest. Notwithstanding any provision to the
contrary, the note shall become immediately due and
payable upon sale or transfer of the residence.
5) In addition to said loan above
described, CITY shall contribute a sum not to exceed
$325,000 in cash to be used to purchase -the residence.
Payment of this sum shall entitle CITY to a proportion-
ate share in the equity of the residence as provided
hereinafter. Title to the residence shall be held by
CITY and BROWN as tenants -in -common.
residence:
B. Allocation of costs with respect to the
1) BROWN shall be responsible for taking
out and maintaining, at his sole cost, fire, casualty,
and liability insurance on the residence with coverage
and terms, and in an amount, which are satisfactory to
CITY and naming the CITY, and its officers, agents, and
[CC.AB.0] 4
employees, as additional insureds thereunder, and as
beneficiaries in proportion to the CITY'S equity
interest.
2) BROWN shall be responsible for making
all necessary repairs to the residence, provided,
however, that with respect to any specific repair whose
cost is greater than $2,500, the parties shall share the
cost of said repair in proportion to their respective
equity interests at the time said repairs are made.
Prior to commencing any work of repair costing $2,500,
BROWN shall confer with CITY and obtain CITY'S agreement
as to said repair.
3) The parties shall share real
property taxes and assessments on the same basis as
their respective interests in the property.
C. Sale of the Residence.
1) BROWN, at his sole option, may sell
-the residence at any time based upon a price which is
mutually agreed upon by the parties.
2) At the time of sale, -the balance of
loan made by CITY to BROWN pursuant to paragraph 3A(4)
shall be fully paid.
3) Upon said sale, the parties shall
receive the amount of proceeds, after said loan above
described and all costs of sale are paid, as follows:
a) In the event that the net proceeds
are equal -to, or are less than, the sums contributed by
[CC.AB.01 5
the parties in cash at the time of purchase, the parties
shall share the proceeds in the same proportion as their
original contributions.
b) In the event that the proceeds are
greater than the sums contributed by the parties in
cash, then each party shall first be entitled to receive
the sum each originally contributed in cash.
c) The balance, if any, is then
divided between the parties as follows:
i) CITY shall receive a per-
centage of the balance based upon the ratio that its
original cash contribution described in paragraph
3(A)(5) of this Agreement bears to the total cost of
purchasing the residence. As used in this Agreement,
the phrase "total cost of purchasing the residence"
means the purchase price plus all costs directly
associated with said purchase, including, but not
limited to, brokerage fees, title fees, escrow fees, and
structural pest control inspection and repair.
ii) BROWN shall receive the
remaining percentage of said balance.
d) Notwithstanding the above, CITY'S
share of the balance of the net proceeds contained in
paragraph 3(C)(3)(C) shall be reduced, and BROWN'S share
shall correspondingly be increased by $5,000, plus the
ratio that $5,000 bears to the -total cost of purchase
the residence, for each year, not exceeding 5 years,
[CC.AB.0] 6
from the date of purchase to the sale, provided that
BROWN continues as City Manager for the City of
Cupertino during said period.
4) By way of example, if the total cost
of purchasing the residence is $525,000 with CITY
lending $225,000 to BROWN for the purchase, leaving a
balance of the cost at $300,000 and if CITY contributed
$275,000 in cash and BROWN contributed $25,000 in cash,
and if the residence were sold five years later (with
BROWN remaining as City Manager), at a price of
$700,000, CITY'S share (assuming BROWN did not purchase
any portion of the CITY'S interest at an earlier date)
would be calculated as follows:
a) Deducted from the sales price of
$700,000 would be the costs of sale which for purpose of
example are $50,000 together with the balance remaining
on CITY'S loan (assume a $215,000 balance) leaving a net
equity of $435,000.
b) CITY would be reimbursed its
$275,000 and BROWN would be reimbursed his $25,000,
leaving a balance of $135,000.
c) CITY'S share of said balance would
equal:
275,000 (original contribution) 11
525,000 (total cost of purchase) or 21 of $135,000
or approximately $70,710.
BROWN would receive the balance of $64,290.
[CC.AB.0] 7
d) However, CITY'S share of the
$135,000 would be reduced by $25,000.
(5,000 x 5 years)
plus a percentage equal to:
5,000 x 5 years x $135,000.00 or $6,480.00 for a
525,000 total of $31,480.00.
e) Hence, CITY'S total share based
upon the above example of a sales price of $700,000 with
a payoff of CITY'S loan would be:
$275,000 - original contribution
$ 70,710 - share of appreciation based on
$345,710 original contribution
[$ 31,4801 adjustment based on $5,000 per
Total---- $3 230 year for 5 years
BROWN'S total share would be;
$ 25,000 - original contribution
$ 64,290 - share of appreciation based
on agreement
$ 31,480 - adjustment based on $5,000 per
year for 5 years
Total---- $120,770
D. Adjustments of Equity Between the Parties.
1) At any time or times during the period
BROWN resides at the residence, he may purchase all, or
a portion of CITY'S interest in the residence. The
price shall be established as provided herein.
2) Unless the parties otherwise agree as
to the price, each party shall appoint an appraiser, and
their decisions shall be averaged and shall be final,
unless they shall differ by 5% or more in value, in
[CC.AB.01 8
which case a third appraiser shall be selected by the
other two appraisers, unless CITY and BROWN jointly
select such third appraiser. Said third appraiser shall
appraise the residence, and his appraisal shall be
averaged with the closest other appraisal. The amount
so averaged shall be final. Costs of all appraisals
shall be split equally between the parties.
3) BROWN shall pay CITY that portion of
CITY'S interest he wishes to purchase based upon the
formula for sale of residence contained in section 3(C)
of this Agreement and CITY shall execute the necessary
documents evidencing such transfer.
4) By way of example, using the figures
contained in paragraph 3(C)4 of this Agreement, if BROWN
decided to purchase a $25,000 portion of the CITY'S
interest two years after its original purchase and if it
were determined that total price of -the residence at
that time of the proposed additional purchase was
$600,000, using the formula contained in section 3(C) of
this Agreement, taking into account the $5,000 per year
adjustment for two years, and further assuming a balance
on the the CITY'S loan of $220,000, CITY would be
entitled to receive the sum of $275,000 (original
contribution) plus $30,380 for a total of $305,380
[BROWN would be entitled to receive $25,000 (original
contribution) plus $49,620 for a total of $74,620.] The
CITY'S interest has therefore grown from $275,000 to
[CC.AB.0] 9
$305,380. A purchase by BROWN of a $25,000 portion of
the CITY'S interest would therefore be a purchase of
approximately 8.2% of the CITY'S share based upon
( 25,000)
305,380.
CITY'S original contribution of
$275,000 would therefore be reduced by 8.2% or $22,550.
CITY's original contribution would therefore be reduced
to $252,440 which would be the new amount upon which the
formula described in paragraph 3(C) would be based.
Likewise, BROWN'S original contribution would be
increased to $47,550 ($25,000 plus $22,550).
E. Termination of Agreement.
1. BROWN acknowledges and agrees that
this housing assistance agreement is not assumable by
any subsequent buyer or transferree of the residence in
that it was specifically negotiated as part of the City
Manager's employment agreement, that the payroll
deductions provisions act as security to the benefit of
the CITY, and that -the general aspects of the City
Manager/City Council relationship indicate that the
assistance is fashioned for BROWN alone.
2. It is further agreed that upon
termination of BROWN'S employment, upon dissolution of
marriage causing him to vacate the premises, or upon his
[CC.AB.0] 10
death, the balance of CITY'S loan shall become due and
payable.
3. In the event of BROWN'S death, his
executor or administrator shall be granted the option of
purchasing CITY'S interest in the residence within one
year of death. Upon occurrence of any other event
described in paragraph 3(E)(2), BROWN shall be granted
said option to purchase but only for a period of 180
days from the date of the occurrence. During said
option periods above described, BROWN or his executor or
administrator, as the case may be shall continue to make
all payments with respect to the residence that BROWN
would otherwise be required to make regardless of
whether any option described herein is actually
exercised.
4. In the event that BROWN or his
executor or administrator does not exercise his option
to purchase the residence hereunder, CITY shall have the
option to purchase BROWN'S interest in the residence
within five years thereafter.
5. Any option described above shall be
for the purchase of the residence at a price established
under paragraph 3(D)2 and with respect to the allocation
formula described in paragraph 3(c)3(C) and (D).
section 3(C).
F. Neither BROWN nor his executor or
administrator shall sell, lease, rent, or encumber the
[CC.AB.0] 11
residence in any way without the written consent of CITY
in advance.
4. Binding Effect.
This Agreement binds the parties, their
successors, and personal representatives, and is not
assignable by either party without the express written
consent of the other party.
5. Invalidity.
In the event this Agreement or any part
thereof should be held invalid, CITY and BROWN agree to
discuss alternatives within the CITY'S discretion;
however, BROWN has no vested right to alternative
compensation.
6. Spousal Agreement.
This Agreement shall become effective only
upon the consent and agreement thereto by CHERYL BROWN,
and shall become null and void if she shall refuse to
execute any or all other documents deemed necessary by
CITY to initially consummate this transaction in its
entirety. CHERYL BROWN also agrees -to execute all
documents necessary to carry out this Agreements at all
times during its term.
7. Authority.
The Mayor is hereby authorized and directed to
[CC.AB.01 12
execute all documents necessary to carry out this
Agreement.
Dated-
CITY OF CUPERTINO
DONALD BROWN
JO PL GY, Mayo
Attest:
G�
Cit lerk
i agree
each of
o f t i6
and consent to
the provisions
APPROVED AS TO FORM:
I Ilat
CHARLES T. KILIAN
[CC.AB.01 13
Office of the City Attorney
852 N. First Street, Third Floor
San Jose, California 95112
(408) 971-6411
February 27, 1989
The Honorable Mayor
of the City Council
City of Cupertino
P.O. Box 580
and Members
Cupertino, CA 95014-0580
Re: Housing Assistance for City Manager
Dear Mayor and Councilmembers:
Enclosed for your consideration is the agreement for
housing assistance for City Manager, Donald Brown, which
has been executed by him. The agreement was prepared on
the supposition that Mr. Brown would be purchasing an
existing home. However, since that time, Mr. Brown has
elected to purchase a parcel of land located at 10346
Scenic Blvd. and to contract with Terry Brown
Construction Company for the construction of a single
family home. I understand that all discretionary
approvals have been made by the City with respect to
said lot. With respect to nearby lots which have not
been granted all discretionary approvals, I would
suggest that Mr. Brown not be involved in making
recommendations for those approvals. Even though the
City itself will have an ownership interest in the lot,
The Honorable Mayor and Members
of the City Council
February 27, 1989
Page 2
neither the Planning Commission, nor the City Council
would be legally precluded from making decisions
regarding nearby lots.
In order to facilitate the transaction, our office
suggests that the City purchase the existing lot at a
price of $345,000 of which $325,000 (the amount to be
advanced pursuant -to the agreement) would be paid in
cash. The seller will take back a small second for
$20,000 which will be paid upon completion of the house.
The City would be the sole title holder. Both the City
and Mr. Brown would, prior to close of escrow, execute a
contract for the construction of a home on the lot. The
construction contract would include a schedule of
progress payments which would be made by the City until
the full amount of the loan funds ($225,000) were
advanced. Thereafter, the City would, as part of the
loan, also advance the closings costs.
Mr. Brown would be required -to pay the remainder of the
funds, including the seller's loan of $20,000, required
to complete the home. At the time of move in, the City
would transfer to Mr. Brown his ownership entered and
would take back a deed of trust in the amount of
$225,000.
We therefore recommend the following:
1) Authorize the Mayor to execute the agreement
regarding housing assistance with Donald Brown.
2) Authorize the Mayor to execute the enclosed
agreement to purchase the land for $345,000.
3) Appropriate the sum of $550,000 ($325,000 plus
$225,000 loan) for the purpose of purchasing the subject
property and construction of a single-family residence
thereon.
4) The construction contract will be submitted to
the Council at a later date.
Sincerely,
(-
Charles T. Kilian
City Attorney
ss
Enclosures
FIRST AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF CUPERTINO AND DONALD BROWN
REGARDING HOUSING ASSISTANCE
IT IS HEREBY AGREED AS FOLLOWS;
1. Paragraph 3A(4) of the Agreement between the
City of Cupertino and Donald Brown dated March 6, 1989
shall be amended to read:
4) a loan by City to Brown not to exceed
$ 239,000 to be used for the purchase of a
residence of Brown's choosing within City of
Cupertino. Said residence shall be occupied
by Brown as his primary residence. Said loan
is to be secured by a first deed of trust
encumbering the residence. Said promissory
note shall be for a term not to exceed 30
years and shall bear interest at the rate of
eight percent (8%) per annum fixed and shall
be paid in equal monthly installments of prin-
cipal and interest.
2. All other terms of said Agreement remain in
full force and effect.
3. This amendment shall become effective only
upon the consent and agreement thereto by Cheryl Brown,
and shall become null and void if she shall refuse to
execute any or all other documents deemed necessary by
City to consummate this transaction in its entirety.
Dated: _September
.;.
I agree and consent to
each of the provisions
of this Agreement.
Cheryl. %Brown
[CC.1.1]
City of Cupertino
ATTEST
l/
Cit Clerk
APPROVED AS TO ,ORM
Charles T. Kilian
City Attorney
FIRST AMENDMENT TO AGREEMENT BETWEEN THE
CITY OF CUPERTINO AND DONALD BROWN REGARDING
HOUSING ASSISTANCE
This amendment to Agreement is executed this 13th
day of September , 1993, by and between the City of
Cupertino, a municipal corporation, herein referred to
as City and Donald Brown who has been employed as City
Manager by City, hereinafter referred to as "Brown".
It is hereby agreed as follows:
A. Paragraph 3A(4) of the Agreement Between the
City of Cupertino and Donald Brown Regarding Housing
Assistance executed on 01 day of 1989
(hereinafter referred to as the Original Agreement) is
hereby amended to read:
4) A loan by City to Brown not to exceed
$239,000 to be used for the purchase of a
residence of Brown's choosing within the City of
Cupertino. Said residence shall be occupied by
Brown as his primary residence. Said loan is to
be evidenced by a promissory note in favor of City
secured by a first deed of trust encumbering the
residence. Said promissory note shall be for a
[D1/B/D/A1 1
term not to exceed 30 years and shall bear
interest at the rate of percent (0 % ) per
annum fixed and shall be payable in equal monthly
installments of principal and interest . . . .
B. Paragraph 3C(3) of the Original Agreement is
hereby amended to read:
3) Upon said sale, the parties shall receive the
amount of proceeds, after said loan above
described and all costs of sale are paid as
follows:
a) Brown shall be paid the sum of $25,000,
plus the ratio that that $25,000 bears to the
total sales price of the residence.
b) Brown shall also be paid the sum of
$5,000.00, plus the ratio that $5,000.00 bears
to the total sales price of the residence, for
each year, after 1994, not exceeding
years, provided that Brown continues as
City Manager for the City of Cupertino during
said period.
c) After said payments above described are
made, in the event that the net proceeds are
equal to, or are less than, sums contributed
by the parties in cash at the time of purchase,
the parties shall share the proceeds in the
[DI/B/D/Al 2
same proportion as their original
contribution.
d) In the event that the proceeds are greater
than the sums contributed by the parties in
cash, then each party shall first be entitled
to receive the sum each originally contributed
in cash.
e) The balance, if any, is then divided
between the parties as follows:
i) City shall receive a percentage of the
balance based upon the ratio that its
original cash contribution described in
paragraph 3A5 of this Agreement, the
phrase "total cost of purchasing the
residence" means the purchase price plus
all costs directly associated with said
purchase, including, but not limited to,
brokerage fees, title fees, escrow fees,
and structural pest control and repair.
ii) Brown shall receive the remaining
percentage of said balance.
C. Paragraphs 3C(3)(d) and 3C(4) of the Original
Agreement are deleted.
D. Paragraph 8 is hereby added to the Original
Agreement to read as follows:
[D1/B/D/A1 3
8. Housing Relocation Expenses Upon
Termination of Brown as City Manager
A. In the event that Brown's employment
as City Manager is involuntarily terminated by
the City Council for any reason, other than
for cause, then in that event, in addition to
the provisions of this Agreement related to
termination generally, the City, in order to
defray Brown's housing relocation expenses
hereby agrees -to pay Brown a cash payment
equal to six (6) months' aggregate salary.
Said cash payments may be paid, at the option
of Brown, in A) lump sum upon date of
termination, B) lump sum on January 1 of the
year following termination or C) six equal
monthly installments.
B. In the event the City, at any time
during Brown's employment reduces the salary
or other financial benefits of -the City
Manager in a greater percentage than an
applicable across-the-board reduction for all
employees of the City, or in the event Brown
resigns following a suggestion, whether formal
or informal, by the City Council that he
resign, then in that event, Brown may, at his
[D1/B/D/A1 4
option be deemed to be "terminated," for
purposes of this Agreement.
C. As used herein the term "for cause"
shall mean only the following:
1) Death of Brown
2) The incapacity on Brown's part to
perform his duties as City Manager for a
period of ninety (90) consecutive days or
more.
3) Any wilful breach of duty by Brown
in the course and scope of his duties as City
Manager.
4) The habitual neglect by Brown of
his duties.
5) The wilful or permanent material
breach of any obligations contained in this
Agreement.
6) The conviction of Brown of any
felony involving moral turpitude.
CITY OF CUPERTINO
s.
Dated: 9/11/93
Nicarl'as Szabo, Mayor
Dated: 9/13/93
nasa brown
[DI/B/D/Al 5
I AGREE AND CONSENT TO
EACH OF THE PROVISIONS
OF THIS AGREEMENT.
Dated: 9/13/93
ATTEST
City Clerk
APPROVED AS TO, FORM
CFiARLES T.-KILTAN, City
Attorney
[D1/B/D/A1 6
E 4I 1
Cheryl Brown""
SECOND AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF CUPERTINO AND
DONALD BROWN REGARDING HOUSING
ASSISTANCE
Paragraph 9 is hereby added to the original agreement dated March 6, 1989 to
read as follows:
9. Vacation of the residence by Brown upon retirement.
In the event that Brown elects to retire as City Manager and is in
otherwise good standing, he shall be allowed to continue to occupy the residence for a
period of up to two years from his retirement provided that he continues to pay all
costs and assume all responsibilities contained in paragraph 3B of this agreement
related to insurance, maintenance, repair, taxes and assessments and provided that he
continue to make monthly payments with respect to the existing City loan. All other
terms and conditions of the original agreement and amendments thereto shall remain
in full force and effect with the exception that Brown will cease receiving credit for
the sum of $5,000 per year plus a percentage as described in paragraph 3C(3)(a) of
this amendment. This provision will only become effective in the event Brown
remains as City Manager at least to the date of January 1 of the year 2000, otherwise
the agreement will remain at six months.
City of Cupertino
Dated: 7
Dated: 2 z Ci
I agree and consent to these provisic
Dated: —7/2�, 2-,�/
i
Attest:
4XZL44
City Clerk
APPROVED AS TO FORM
City Attorney
Do Not Destroy This Original Note: When paid, said Original Note, together with the Deed of Trust securing
same, must be surrendered to Trustee for Cancellation and retention before reconveyance will be made.
STRAIGHT NOTE
$ 20,000.00 San Jose California March 7 , 19 89
ON OR BEFORE December 10, 1989 XWtXt_*, for value received.
I/We promise to pay in lawful money of the United States of America, to Terry Brown Construction
Company, Inc., a California Corporation or order, at
21721 Granada Ave., Cupertino, CA 95014
the principal sum of TWENTY THOUSAND AND NO1100-------- DOLLARS,
with interest in like lawful m ey from March 10, 1989 until paid at the
rate of Ten 10 .0 - ------_per cent per annum, payable at maturity.
Notwithstanding the above due date for the herein note, if improvements are
completed on the real property securing the herein note prior to the maturity
date given above the herein note shall be due and payable upon recordation of the
notice of completion for the improvements referenced herein.
AMERICAN TITLE WSURANCE COMPANY
hereby certifies that this is a
true copy 9f the viginal.
Principal and interest payable in lawful money of the United States of America. Should default be made in
payment of interest when due the whole sum of principal and interest shall become immediately due at the option of
the holder of this note. If action be instituted on this note I promise to pay such sum as the Court may fix as Attorney's
fees. This note secured by a Deed of Trust of even date herewith to AMTITLE, a California Corporation, as Trustee.
Corporation, as Trustee.
-CITY--0 -CUPERTINO:
----- --------- ---------------------------- ---------------------------------------------------
-BY:
--- - - ------------ -- -- --------------------------------------------------------
---------------------------------------------------
THIS FORM FURNISHED BY AMERICAN TITLE INSURANCE D4-2/83
110 N10T DESTROY THIS NOTE
1
4
C`
to
RECORDING REQUESTED BY:
Fidelity National Title Company -
Cupertino
Escrow No. 4001876-LF +K-c _ 0 D
Title Order No. 04001876
When Recorded Mail Document
and Tax Statement To:
City of Cupertino
10300 Torre Ave
Cupertino, CA 95014
DOCUMENT: 15421500 Titles:l / Pages:
Fees....* No Fees
Taxes...
* 0015421500* Cop i es. .
AMT PAID
BRENDA DAVIS RDE # 008
SANTA CLARA COUNTY RECORDER 10/13/2000
Recorded at the request of
Fidelity National Title Ins. 8'00 AM
GRANT DEED
SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor(s) declare(s) 00 —1k4bvsFvrz- z -n-Fe- e,,r?' a,= �Pcu r�Nz�
Documentary transfer tax is S'(/Z),
[ X ] computed on full value of property conveyed, or
[ ] computed on full value less value of liens or encumbrances remaining at time of sale,
[ ] Unincorporated Area City of Cupertino
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Brown, as Trustees of the Brown Revocable Trust dated December 12, 1991
hereby GRANT(S) to City of Cupertino
the following described real property in the City of Cupertino
County of Santa Clara, State of California:
SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF
DATED: October 10, 2000
STATE OF CALIFORNIA
COUNTY OF C'tcwc'
ON ®—tl-Dc7 before me,
r2 �d' �t•. personally appeared
cL . 1 t,a' 1 '�
L.
personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Witness my hand pfld, o Iciallseal.
Signature
Donald D. Brown and Cheryl L.
Brown vocable Trust ate December 12, 1991
By:
D 'ald D. Brown, Trust e _
By:_
Cheryl L. grown, Trustee
� 3• L. r-r —EDERICKS
V y Cor,„m, 01119846
', NOTARY PLIE'LIC CALIFORNIA)
SANTA CLARA COUNTY 6
Comm. 6xA. 00C. 16, 2000 -A
MAIL TAX STATEMENTS AS DIRECTED ABOVE
FD-213 (Rev 7/96)
GRANT DEED
Escrow No. 4001876-LF
Title Order No. 04001876
EXHIBIT ONE
Lot 26, as shown on that certain Map entitled, "Map of Monta Vista Park", which Map was filed for record in the
Office of the Recorder of the County of Santa Clara, State of California, on April 11, 1917 in Book P of Maps at page(s)
19.
Excepting therefrom any portion of the land described in that Quitclaim Deed recorded July 6, 1964 in Book 6570,
page 27, Official Records, Santa Clara County.
Also excepting therefrom the right to pump, take or otherwise extract water from the underground basin or any
underground strata as quitclaimed to the City of Cupertino in the deed recorded in the Office of the Santa Clara County
Recorders office on March 22, 1989 in Book K886, page 522, Official Records.
RESOLUTION NO.00-255
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CUPERTINO ACCEPTING DEED TO
REAL PROPERTY (GOVERNMENT CODE
SECTION 27281)
The City Council of the City of Cupertino hereby accepts the conveyance by Deed
dated October 12, 2000 from Donald Brown and Cheryl Brown to the City of Cupertino
and consents to the recordation thereof.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of October, 2000 by the following vote:
Vote: Members of the City Council
AYES: Burnett, Chang, James, Lowenthal, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATj ST: �— f
eputy City Clerk
1
APPROVED
Mayor, City of Cupertino
TI"; 15 TO CERTIFY, THAT, I'HE WITHIN
`SENT IS,TRUE ANU COf�'RLCT COPY OF
T �.,,';GINAL CAN F tJ PHIS OFFICE.
DATE o o
I i CLERK/OF;TF,Z CITY OF CUPERTIN
RESOLUTION NO. 00-255
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CUPERTINO ACCEPTING DEED TO
REAL PROPERTY (GOVERNMENT CODE
SECTION 27281)
The City Council of the City of Cupertino hereby accepts the conveyance by Deed
dated October 12, 2000 from Donald Brown and Cheryl Brown to the City of Cupertino
and consents to the recordation thereof.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2°d day of October, 2000 by the following vote:
Vote: Members of the City Council
AYES: Burnett, Chang, James, Lowenthal, Statton
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED
Mayor, City of Cupertino
AT, ST:
eputy City Clerk
RESOLUTION NO. 00-254
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO AUTHORIZING MAYOR TO EXECUTE
PURCHASE OF THE INTEREST OF DONALD BROWN IN
PROPERTY LOCATED AT 10346 SCENIC BLVD. IN THE
CITY OF CUPERTINO
WHEREAS, the City Council by its Resolution No. 7765 adopted on March 6,
1989, caused to be acquired the above -described house and lot to be held jointly with
Donald Brown, the City Manager; and
WHEREAS, Donald Brown has now retired as City Manager and wishes to sell
his interest in said property to the City; and
WHEREAS, the City Council is agreeable to purchase Brown's interest in said
property for the sum of $500,000,
NOW, THEREFORE, IT IS HEREBY resolved that:
The Mayor of the City of Cupertino is authorized to execute on behalf of the City
the attached agreement for the purchase of all of Brown's interest in the above -described
property.
PASSED AND ADOPTED by the City Council of the City of Cupertino
this 2" d day of October, 2000 by the following vote:
Vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Burnett, Chang, James, Lowenthal, Statton
None
None
None
A _,6P ,� y7e7�-/
�ST APP VE
eputy City Clerk
Mayor, City of Cupertino
1
REAL ESTATE PURCHASE AGREEMENT
WHEREAS, the City of Cupertino, hereinafter referred to as "City," through its City
Council adopted Resolution No. 7765 adopted on March 6, 1989 authorizing
the execution of Agreement Regarding Housing Assistance with Donald
Brown, hereinafter referred to as Brown; and
WHEREAS, said agreement and the amendments thereto provided for the acquisition
jointly by City and Brown of the house and lot located at 10346 Scenic Blvd.
in the City of Cupertino (APN 357-08-037) hereinafter referred to as the
Property, to be held as tenants in common; and
WHEREAS, City wishes to purchase and Brown wishes to sell his interest in said
property to City,
IT IS HEREBY AGREED by the parties as follows:
1. Purchase and Sale/Purchase Price
City shall purchase Brown's entire interest in said property for the sum of
$500,000 to be paid in lump sum at time of close. Brown's current loan from the City
shall be canceled.
2. Prorations
Payments on loans, taxes, assessments, and other expenses shall be prorated as
of the date of recordation of the Deed.
3. Closing Date/Escrow
Date of close shall be no later than October 12, 2000, at which time the parties
shall deposit with an authorized escrow holder all funds and instruments necessary to
complete the sale in accordance with the terms hereof. The representations and
warranties herein shall not be terminated by conveyance of the property. Escrow fee
to be paid by City.
4. Lease Back/Possession/Rental
Brown shall be allowed to lease back the property after close until October 31,
2000, at which time he shall deliver physical possession of the property, with all keys
and garage door openers, to City. The property shall be delivered in the good and
marketable condition, normal wear and tear accepted. Brown shall pay as rent the
same amount per day as he is currently paying the City on his existing loan.
5. Condition of the Premises
City has had the opportunity to inspect and examine the property and hereby
waives the provisions of Section 1102 of the California Civil Code regarding Brown's
obligation to provide City with a completed Real Estate Transfer Disclosure
PC/DIR/B/REPA 9-6-00
Statement before transfer of title. The City takes ownership of said property in an "as
is" condition.
6. Access to Property
Brown will provide City with reasonable access to property.
7. Fixtures
All items permanently attached to the property including attached floor
coverings, draperies with hardware, shade, blinds, window and door screens, storm
sash, combination doors, awning, light fixtures, TV antennas, electric garage door
openers, outdoor plants, and trees, are included free of liens.
8. Time
Time is of the essence of the Agreement.
9. Pest Control Inspection
City accepts the existing pest control report on the property by the licensed
pest control operator listed below:
Report dated S, 200D by 7-t n % fiMr r'P (ro, Y-o L
10. Closing Costs
All closing costs shall be paid by the City.
11. Spousal Consent
Brown's spouse Cheryl Brown, hereby consents to this agreement and shall
execute any and all documents necessary to transfer full and complete title to City
before close.
Sel r
nald Brown4-T
i
Chery]brown
Approved as to Form
Date: l i rD
/�, � / " t z
Charles T. Kilian, City Attorney
Buyer:
Date
John S tton, Mayor
City of Cupertino
Attq
C`
im Smith, City Clerl
/a -2- C.C.
4Q�
PC/DIR/B/REPA 9-6-00
AMERICAN TITLE INSURANCE COMPANY
505 Race Street, San Jose, California 95126 (408) 298-9800
PRELIMINARY TITLE REPORT-4426-8805596
DIRECT ALL CORRESPONDENCE TO:
10121 Miller Ave, Ste. 101
Cupertino, CA 95014
P R E L I M I N A R Y R E P O R T
'Terry Brown Construction
21121 Granada Avenue
Cupertino, CA 95014
163
ATTENTION: Terry Brown
ESCROW NO. :25-0156
In response to the above referenced application for a policy of title insurance,
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 in an Exception below or not excluded from coverage pursuant to printed
Schedules, Conditions and stipulations of said Policy forms.
The printed Exceptions and Exclusions from coverage of said Policy or Policies set
forth on the reverse side hereof, Copies of the Policy forms should be
read.They are available from the office which issued this report.
This report (any supplements or amendments thereto) 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. This
report is subject to a minimum cancellation fee of $200.00.
Dated as of September 21, 1988, at 7:30 a.m.
Title No.8805596/RUB
Chief Title Officer: Joseph M. Parker
Advisory Title Officer:Dan D. Barry
Inquiries concerning policy forms and content, types of coverage offered,
exceptions to coverage, or other matters relating to this report should be directed
to the Chief Title Officer or the Advisory Title Officer at (408) 298-9800.
Page 2
PRELIMINARY TITLE REPORT - 4426-8805596
The estate or interest in the land hereinafter described or referred to covered by
this report is: A FEE AS TO PARCEL ONE; AND AN EASEMENT AS TO PARCEL TWO
Title to said estate or interest at the date hereof is vested:
TERRY BROWN CONSTRUCTION COMPANY, INC., A CALIFORNIA CORPORATION
D E S C R I P T I O N
All that certain real property situated in the City of Cupertino, County of
Santa Clara, State of California, described as follows:
PARCEL ONE:
Lot 26 as shown on the map of Monta Vista Park filed for record on April 11,
1917 in book P of Maps, page 19, Santa Clara County Records.
PARCEL TWO:
A non-exclusive easement for ingress and egress over the following described
parcel:
Beginning at the intersection of the easterly line of Scenic Blvd. and the
southerly line of Lot 22 as said lot is shown on the map for Monta Vista
Park as recorded in Book "P" of Maps at page 19, Santa Clara County Records;
thence along said southerly line of Lot 22 S 890 53' E 10.00 feet to the
true point of beginning; thence continuing along said southerly line of Lot
22 S 89" 53' E 90.12 feet to the southeasterly corner of said Lot; thence
along the easterly line of said Lot 22 N 000 07' E 92.62 feet; thence
parallel to the northerly line of Lot 23 as shown on the above mentioned map
S 89° 53' E 53.00 feet; thence parallel to the easterly line of the above
mentioned Lot 22 S 00° 07' W 40.00 feet; thence parallel to the northerly
line of the above mentioned Lot 23 N 89' 53' W 18.00 feet; thence parallel
to the westerly line of said Lot 23 S 000 07' W 87.62 feet; thence parallel
to the southerly line of the above mentioned Lot 22 N 89° 53' W 125.12 feet;
thence parallel to the above mentioned easterly line of Scenic Blvd. N 00°
07' E 35.00 feet to the true point of beginning.
Faye 3
PRELIMIi<.RY TITLE REPORT - 4426-8805596
At the date hereof exceptions to coverage in addition to the printed exceptions and
exclusions contained in said policy form would be as follows:
1. General and Special County Taxes for fiscal year 1988-89, a lien not
yet due, but payable.
Bill/AP No. 357-08-025 Code 13-124
1st Installment: $1,311.41,
2nd Installment: $1,311.47
NOTE: AFFECTS THIS AND OTHER PROPERTY
2. Lien of Supplemental Taxes, assessed pursuant to the provisions of
Chapter 3.5, Sections 7S et seq., Revenue and Taxation Code, if any.
3. An easement for Public Utilities and incidental purposes and
appurtenances thereto as granted to Pacific Gas and Electric Company,
and recorded February 1, 1937, Book 806, Official Records, page 456.
Affects: Undeterminable from documents of record
4. The terms, covenants and provisions of that certain "Declaration of
Restrictions Grant of Easement and Right of Way agreements" recorded
on July 26, 1988, recorder's serial No. 9769508, Official Records.
S. An easement for underground utilities, appurtenant to Lots 25 and 26
of Monta Vista Park, Book P of maps, page 19 through the following
parcel:
Beginning at the intersection of the easterly line of Scenic Blvd and
the southerly line of Lot 26 of said Lot is shown on the map for Monta
Vista Park as recorded in Book "P" of Maps at page 19, Santa Clara
County Records; thence along said easterly line of Scenic Blvd. N 000
07' E 5.00 feet; thence parallel to said southerly line of Lot 26 S
890 53' E 100.12 feet to a point in the westerly line of lot 25 as
shown on the above mentioned map thence along said westerly line of
lot 25 S 00° 07' W 5.00 feet to 'the southwesterly corner of said lot;
thence along the southerly line of the above mentioned Lot 26 N 000
07' E 100.12 feet to the true point of beginning.
Page 4
PRELIMINARY TITLE REPORT - 4426-8805596
6. Deed of 'Trust to secure payment of $579,600.00, and any other
amounts/obligations secured thereby.
Dated: July 19, 1988, Recorded: July 26, 1988
Instrument No. 9769514, Book K615, Official Records, page 1041
Trustor: Terry Brown Construction Company, Inc., a California
corporation
Trustee: Amtitle Company, a California corporation
Beneficiary: Edwin A. Federspiel, Jr. and Carol C. Federspiel,
husband and wife as joint tenants
Loan No.: none shown
Document returned to: 10330 Scenic blvd
Cupertino, CA 95014
Note: Affects 'this and other property
7. Deed of Trust to secure payment of $35,000.00, and any other
amounts/obligations secured thereby.
Dated: July 22, 1988, Recorded: July 26, 1988
Instrument No. 9769515, Book K615, Official Records, page 1049
Trustor: Terry Brown Construction Company, Inc., a California
corporatton
Trustee: Amtitle Company, a California corporation
Beneficiary: Edwin A. Federspiel Jr. and Carol G. Federspiel,
husband and wife as joint tenants
Loan No.: none shown
Document returned to: 10330 Scenic Blvd
Cupertino, CA 95014
NOTE: Affects this and other property.
Page 5
PRELIMINARY TITLE REPORT - 4424-8805596
NOTE: The following conveyances were recorded during the 2 year
period preceeding the date of this report.
Grantor: Carol G. Brenner, an unmarried woman and Edwin A
Federspiel, Jr., an unmarried man
Grantee: Edwin A. Federspiel, Jr., and Carol G. Federspiel,
husband and wife as tenants in common.
Recorded January 30, 1987 Instrument No. 9134030, Book K020,
Official Records, page 948
Grantor: Edwin A. Federspiel, also known as Edwin A. Federspiel
Jr. and Carol G. Federspiel, husband and wife
Grantee: Terry Brown Construction Company, Inc., a California
Corporation
Recorded July 26, 1988 Instrument No. 9769513, Book K615,
Official Records, page 1036
NOTE: Our underwriting policies and procedures require that a
physical inspection be made of properties when we are requested
to issue ALTA insurance with liability of $250,000.00 or more.
Inspections may also be required for lower liabilities depending
on the character of the property to be insured or the nature of
the transaction. For commercial properties and/or liabilities in
excess of $1,000,000.00 a survey may also be required.
ROB:beb
ARB: 357-08-007
APN: 357-08-025
Pil
American Title Insurance Company A emwk,,,
PRELIMINARY REPORT
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
1. CLTA STANDARD COVERAGE • 1ggg
The following matters are expressly EXCLUSIONS FROM COVERAGE e�ocluded from the
costs, attorneys' fees or expenses which arise coverage of the Poles and the Company will not pay loss or damage,
1. (a) Any law, ordinance or � reason of:
or regulations) restricting, governmental regulation (including but not limited to building or Zoning laws, ordinances,
regulating, prohibiting or relating to (i) the occupancy,
character, dimensions or location of any improvement, panty, use, or enjoyment of the land; (ii) the
or a change in the dimensions or area of the land orhereafter emoted On the land; iii a
�Y parcel of which the land is or was a) separation In ownership
Protection, or the effect of any violation of these laws, ordinary or governmental (iv) environmental
that a notice of the enforcement thereof or a notice of a !]nrnental regulatiors, except to the extern violation affecting the land has been �� lien or encumbrance resulting from a violation alleged
recorded in the public records at Date of poles
(b) Any governmental police power not excluded by (a) apo'*
or a notice of a defect, lien or encumbrance resulting except b the extern that o notice of the soaenclae thereof
recorded in the public records at Date of Policy. from a or alleged violation affecting the land his been
2. Rights of eminent domain unless notice of the
Policy, but not excluding from exercise thereof has been recorded in the pubk records M Daft of
on the rights of a ory ague any feting weed orxuned prior b Date of PONCY which would be ol�Mg
Purchaser for value without knowledge.
a 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
the insured claimant; by
(b) not known to the Company, not recorded in the public records at Date of
Policyand not disclosed in writing b P b the the Company by the insured claimant •but known data the insto
uu the insured claimant
an insured under this policy; red claimant became
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Daft of policy, or
(e) resulting in loss or damage why would not haw been susiai reed if the insured claimant had paid value for the
insured mortgage or for the 0000 or in
terest insured by this polite
4. Unenforceability of the lien of the insured
or the inability or failure of mortgage because of the inability a failure of the insured at Date of Policy,
laws of the state in which t�� sSituated owner a t� � ol� ' to comp"y with the applicable doing business
5. Invalidity or urwwd csgbllity of the lien of the insured
evidenced by the irnurrd m0rtpape and is based u mortgage, or claim thereof. which arises out of the transaction
Don usury or any consumer credit Protection or truth in lending law.
SCHEDULE s
Toss damage FROM COVERAGE
This policy does not insure against
which arise by reason of: age (and fifes Company will not pay cosh, attbrneys' fees or expenses)
W I
1. Taxes or assessments which are not shown as existing liens by the records of or assessments on real property or by the public records, anY taxing authority that levies taxes
Proceedings by a public agency which may result in taxes or
or not shown by the records of such agency or assessments, or nottcas of such Feedings, whether
ge cy by the public records.
FORM T•761 (71")
PRELIMINARY REPORT EXCEPTIONSIEXCLUSIONS LIST
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained
an inspection of the land or which may be asserted
by Persons in Possession thereof. by
3 Easements, Bens or encumbrances, or claims thereof, which are not shown 4. Discrepancies, Conflict in bou�ry lines, shortageby the Public records
would disclose, and which are not shown thisin area, records. encroachments, or any other facts which a correct survey
5. (a) Un by the public records. rvey
Patented mining claims; (b) reservations or exceptions in patents or in
(c) water rights, claims or title to water, whether or not the matters ' authorizing the isauanc o thereof
records, s�ocepted under (a), (b) or (c) are shown by the public
2. AMERICAN LAND TITLE ASSOCIATION OWNER,g POLICY
SCHEDULE OF EXCLUSIONS FROM COVERAGE
FOAM a - 1970 (AMENDED 10.17.70 and 1a17-34)
The following matters are expressly excluded from the cogs
1 • (a) Governmental police power. rage of this polity:
(b) Any law, ordinance or governmental regulation relating to menvironmental Protection.
(c) Any law, ordinance or governmental regulffiion (includi
ng or regulating or prohibiting the occupancy,but not limited to ts+�ng and zoning ordinances restricting
location of an ant use or enjoyment of the land, or ) dimensions
Y improvement now or hereafter erected on the land, Ord character, dimensions or
in the dimensions or area of the land or any parcel Of which � a lion in ownership or a change
(d) The sited of the land is or was a part.
any violation of the matters excluded under (a). (b) or (c) above, union notice Of a
encumbrance resumng from a violation has been Worded at (}� of ply in those dsied. lien Or
statutes deeds, nxXV2ges, lie panders, liens or other title encaxrlbrartces must be records in which under sloes
notices 6o Pugs of the land for value and without recorded in order b btQert conotruc
shall not be construed b include ���; provided, �"b, dW w i tX
building, health Or public safety authorities, of the ofllces of iedsral, stale a kxatf snvironrnerttM psi, records
2. Rights Of eminent - _ domain unless notice of the exercise of such rights appears at
the Dubuc recor+da at Oats of Policy.
3 pebcts, lip encumbrances, adverse claims, or other rrratlsrs (a) crra�ed, wftired or
(b) not known to the Company and not shown by the public record@ but known 10 t agreed by the insured claimant;
Of Policy Or at the dab such claimant acquired an @stale Or interest i� claimant either at Date
by the insured Claimant to the Company Prior to the date such insured insured
bbrrarr�t PONCY she not disclosed in writing
results in no kris or damage to the insured edbecame an insured hereunder; (c)
resulting in klas or dam claimant; fd1 Mtat�tirg or created subsequent to Deb of policy; a (e)
age which would not have been sustained if the insured claimant had paid value for the estate
or interest insured by this policy.
3. AMERICAN LAND TITLE ASSOCIATION RESIOENTIAL TITLE ttd1I3URANCE paXf . 6.1417
In addition to the exceptions in Schedule 4 you are not insured stlorneys' lees„ and expenses resulting
1. Governmental police power, and the exbtence or violation of any law or
and zoning ordinal es and oleo is" and regulations concerning: government regulation. This includes building
• land use
• impnovWmeftts on the land • land division
• environmental ProjectionThis exclusion does not apply tp viotationa Or at Policy Date. the enforcement Of
Of ese mWOM which appear in the public records
This exclusion does not limit the zoning coverage described in isms 12 and 13 Of C mId Title Risks.
2. The right to take the land by condemning it, unless: a notice of sxwc" the right appears in the public records on
the Policy Dab
The taking happened prior to the Policy Date and is binding on you if
You bought the land wthout knowing of the taking.
3 Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy pate - unless
• that result in no loss to you they appeared in the public records
• that first affect your title after the Policy Data - this does not limit the labor and material ties coverage in
item. S. of Covered Title Risks.
4. Failure to pay value for your title.
5. Lack of a right:
to arty land outside the area specifically described and
in 0*0% alleys, Orwaterways that touchreftrred to in item 3 of Sched
ule A, or This uule A, orsion does not Limit the Your land,
access coverage in item 5 of Covered Title Risks.
In addition to the Exclusions, SCHEDULE 8 - EXCEPTIONS
You are not insured against loss. cow,
Mw^°ys' loss, and expenses resulting from:
PART 1
(a) Any rights, intersb or claims of parties in
possession of the land not shown by the public records.
(b) Any easements or liens not shown by the public records.
This exception does not limit the lien coverage in (c) Any facts item 8 of
about the land which a correct su Coversd Tide Risks.
This exception doe$ not limit the �Y would disclose and which are not shown by the public records.
forced removal coverage in item 12 Covered Tige Risks.
(d) Any water rights, claims or title to water on or under the land.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLE . t97ip
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAOE (AMENDED W1744)
The following matters are EXCLUSIONS FROM �ERAOE
expressly excluded from the coverage of this policy:
1. (a) Governmental police power.
(b) Any law, ordinance Or govemmental regulation relating to OrMronmental protei%.
(c) Any law, ordinar" Or govrrnnbrrtal regulation (includingbut not regulating «prohibiting the pmiredg buft the
occupancy, use «eryoymerx d the land, « °) of any improvement now « hereafter erected on the land, or proh.. ^ fir, dons or location
the dimensions « area of the land « any parcel of which the landr is or � part. in ownership « a change in
(d) The effect of any violation of the matters excluded
encumbrance resulting from a viOlatlOn has been urger (a),(b)or(c) above, axflese noticeo f a defect, lien or
SOWN deeds, mortgagee, lie pendens, liens or other rded at �° of Policy in those records in which under stay
notice to purchasers of the land for value and withoutencumbrances Must be recorded in order b impart �
shall � be Construed to inc u in of theof knowledge; b� �OW without records
building, health « publicPmtection.
rtg.
2. Rights of eminent domain unless notice of the
wise of such rights appears in the public records at Daft of Policy.
a Defects, liens, encumbrances, adverse claims, «other matters (a) ,
insured claimant; (b) not known to the Company and not shown svd aaa+rrned «agreed to by the
either at Date of Pblicy « at the dale such clef by t Pt�c �scords but known b the insured claimant
the insured claimant acquired an estate « ir"o t inaur�
mortgage and not diacloeed in writing by the insured claimant b the this Poles «acquired
claimant became an ir»urrd hereunder; c y Ixi« b the dale such insured
created subsequent b Dale of ()molting in no loss or damage to the kMkxed claimant (d) attaching «
or material). (except to the extent insurance is afbrded herein as to any statutory lien for labor
4. UneribrCo"lly of the pen of the insured
owner of the indebledr»q b Mortgage because d tailors of the lneurr d at Oe1e of po icy «af any subsequent
comply with applicable "doing business, laws of t stale in which the land is situated.
S AMERICAN LAND TITLE ASSOCIATION OWNERS POLIO
The following matters are expressly excluded from the EXCLUSIONS FROM C age
costs, attorneys' fees or expenses which arise by reason of this popsy and the Company wiN not
prey lose or damage,
1. (a) Any law, ordinance or govemmental regulation (including but not limited to builds
or regulations) restricting, regulating, prohibiting « relatingto a the occupancy, ng and zoning laws, ordinances,
character, dimensions or location of im () pansy, use. or enjoyment of the land: (ii) the
or a change in the dimensions or area oft land now «hereafter erected on the land; (e7 a separation in ownership
Protection, or the effect of an or any Parcel of which the land is or was a pact; or (iv) environmental
y violation of these laws, ordinances or governmental regulations, except to the extent
that a notice of the enforcement thereof or a notice of defect, lien ax encum violation affecting' the land has been recorded in the public records at Date
of
Policy. g from a violation or alleged
lien or (b) Any governmental police power not excluded b Of a notice of a defect, Y (a) above, except to the extent that a nonce of the exert se thereof
encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy.
2. Rights of eminent domain union
Policy, but not excluded from coverage any taking which has occurred notice of the exercise thereof has been
on the recorded in the public records at Date of
rights of a purchaser br value without knowledge. Prior to Date of Policy which would be binding
3 Detects, liens, encumbrances, adverse claims or
(a) created, suffered, other matters:
assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the blic cy, but _
and not disclosed in writing to the Comeco records at Date of Rol'
an insured under this policy;
Pant by the insured claimant prior to the date the insured claimant bethe insured came
(c) rosutting 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 estate or interest insured by this policy
for the
6. AMERICAN LAND TITLE ASSOCIATE LOAN POLE/ (10.2147)
WITH ALTA ENDORSEMENT FORM 1 COVER
ApE
The following matters are expressly EXCLUSIONS
excluded from the FROM COVERAGE .
cosh. attorneys' fees or expenses which arise ot of and the Company wW not Day Im or damage,
t. (a) Any law, ordinance or governmental � reason of:
or rogulattons) restricting, regulating. Prohibiting � rtg but not ccWa b budding orb zoning kw& MWWWW
character, dimensions or location d iDMTWII _ p 0° (i) the °Ir• we, or enpYmMtt o1 Ufa
or a change in the dimensions or area of them I �r t h of horesfIer «�`� an the land; 0h) a
Protection, or the effect of land is ar was a p
that a notice of the violation of these It
ordinances or governmental
violation affecting the IM acnd � Owed been °r a "0t� of a deNd, Nsn or encumbrance q ►s, e�COO ro the extent
recorded in the public records at Dale of may ^ a violation or alNged
(b) Any governmental police power not excluded
or a notice of a defect, lien or encumbrance�nga violation or al ) obov4k OCW to the extern that o
recorded in the Public rosuf<i notice
or the exercise thereof
Pu records at Date of Policy. �d vio�ion the land has been
2. Rights of eminent domain unless notice of the arcge thereof has
Policy, but not excluding from coverage any tak' which been recorded in the pubib records at Date of
on the rights of a'purchaser for value without has occurred prior b pale of Policy wftich would be binding
3. Defects, liens, encumbrances,krtowwdge,
adverse claims or other matters:
(a) created, suftered, assumed or agreed to by the boxed caaimant:
(b) not known to the Company, not record in the
and not disclosed in writing 10 IfN Public records at Dtle of
Company by the insured poi �, but known b the insured claimant
an insured under this policy, mart prior b the dolls the Ntxed claimant became
(c) resulting in no Ices or damage b the insured claimant.
(d) attaching a crested wbeeawnt b pate of Rot .
lien of the insured icy ( b the eor or that this policy insures the priority o/ the
(e) results in ��� over � statutory lien for servrge, labor Or mabrial); Or
ng kxq or damage which would insured mortgage. not have been sustained it the insured claimant had paid value for the
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the '
or the inability or failure of any subsequent owner of the indebtedness, b comply w inured at Date of Policy,
of the stab in which the land is situated. applicable doing business laws
5. Invalidity or unenfcrceability of the lien of the insured
mortgageevidenced by the insured mortgage and is based u . Or claim thereof, whic
Pon usery or any consumer credit protection or truth in lending law.
h arises out of the transaction
6. Any statutory lien for services, labor or materials (or the claim of materials over the lien of the insured mortgage) arising from an improvement of any statutory lion for services, labor or
contracted for and commenced subsequent to Date of Pot' Provernent � work �� b the and which is
the indebtednes secured by the insured mortgage and f not financed �r whole or in Part by Proceeds of
to advance. 9 ge which at Date of Policy the insured has advanced or is obligated
FORM T•761 (7/ss)
,'CERTIFICATOF
PRODUCER
JORNDROW, LEVERONI & ESPLUND, INC
700 So, Claremont St., #110
San Mateo, CA 94402
(415)344-5100
CODE
INSURED
SUB-COOE
TERRY BROWN CONSTRUCTION CO,,
21721 Granada Avenue
Cupertino, CA 95014
T
N ISSUE DATE (MMIDD/YY)
SURA
4/5/89
THIS CERTIFICATE IS ISSUED AS A MATTER OF I N FORMATION. ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
. ............
COMPANIES AFFORDING COVERAGE
...... - ------- - ---- ------- . .....
LETTERCOMPANY A AETNA LIFE AND CASUALTY
COMPANY
LETTER FREMONT COMPENSATION
_ -- - -- ---- --
COMPANY
LETTER C
COMPANY
LC;TTC;Fi
cLompAN Y E
ETTER
E�§
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI$
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO AI_L THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BF;EN. REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE! POLICY EXPIRATION ALL LIMITS IN THOUSANDS
LT� DATE (MMYDQ/YY) DATE (,MM/DD/YY);
GENERAL LIABILITY GENERAL AGGREGATE $ j noa,.
k 7X COMMERCIAL GENERAL LIA$tLITY Renewal of
PRODUCTS-COMPIOPS AGGRFQATE $
.. ....... . ....... ---------1_7_G00 71
4/l/90 PERSONAL 4 AQVER71SING iNjuAY s CLAIMS MADE X ' OCCUR, CO 5254812 4/l/89
_-5-0021
OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE
.. . ....... . ... 1— a00
PtFE DAMAGE (Any Ono firct)
.......... ............... . ......
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
X: HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
A
OTHER THAN UMBRELLA FORM
..., .... .......
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
OTHER
MEDICAL EXPENSE (Any ana person). S
-- -- --- ------
COMBINED
Renewal of
8tN6LE
FJ 734818
i 4/1/89
4/1/90
LIMIT ..........
:--8-0- D—ILY ..
INJURY
(Pee Inewn),
BODILY
!NJUAY S
(Par accident) .. ............. . ...
Pnop5nTy-
DAMAGE
.... ............. . . ..... .. ....
EACH ASGREGATE
Renewal of
OCCUARENcr:
SX 546580
4/1/89
4/1/90
1,000': 1,000,
-- - ------- - - ------ . ..... .
----- . ........ .....
STATUTORY .....................
,WP 89-467907
4/1/89
4/1/90
-s .1 0 0 0 (EACH ACCIDENT)
......... .
............
(1115EASE—EACH EMPLOYEE
------- .. ....... .
DESCRIPTION 00 OFF RATIONSILOCATIONS?VEH ICLESYR95TH ICTIONS1$PECtAL ITEMS
ALL CALIFORNIA OPERATIONS
, 9PRTIFIGATA,.HOLDER�:
CITY OF CUPERTINO
10300 Torre Ave,
Cupertino, CA 95014
-TION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION OATS THEREOF, THE f$$QJNG COMPANY WILL ENDEAVOR TO
MAIL -1.0— DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED To THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE $HALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE C�qPANY. ITS AGENT REPRESENTATIVES -
AUTHORIZED REPRESENTATFif/
APR 06 '89 09:32 JOHNDROk]
P. 1
Johndrow, Leveroni & Esplund, Ine.
INSURANCE SROKERS
P,0_ Box 55-15
700 50UTH CLAREMONT �STREET, SUITE I 10
SAN MATED, CALIFORNIA 94402
TELEPHONE (415) 544-5100 FAX (4151 344-5216
F A K T R A N S M I T T A L
DATE: April 63 1989' TIME: 9.30M
TO-.- Shirelle Oeser
COMPANY: City of Ctivert no
FAX J08-252-0753
INSTRUCTIONS/COMMENTS
Shirelle;
FROM: lLdi Butte
vo
OUR FAX #(415) 344-5216
PAGES TO FOLLOW 1
Per discussion with Linda Murphy of Terry Brown Construction,
a certificate of insurance was mailed to you yesterday sh ing
the renewal dates ref Terry Brown Construction's insurance
coverages. Linda asked that I fax you that co]2y,_and said_.
thatyou would accept the fax.
--If YOU have any questions, please feel free to call.
RECORDING REQUESTED BY
Terry Brown Construction
N0 r E F. IN AC;CC^7F,1OAl,JG',
AFTER RECORDING MAIL TO
City ... of Cupertino
----------------
10300 Torre Ave.
fA-upertino, CA 95014
------------ -----------------------------------
--------------------------------------------------------------------
LO85PAGE 1200 1024582.5
FILED t
AT Rtl ouEsr ter
LiT� Ut'
SEP 7 1Z 44 PH '89
? U CITY
LAVRIF ?:ANE
Rt co—rAr(=P
' SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
NOTICE is hereby given that:
1. The undersigned is owner of the interest stated below in the property hereinafter described;
2. The NAME (including that of the undersigned), ADDRESS and NATURE OF TITLE of every person
owning any interest in such property is as follows:
FULL NAME I FULL ADDRESS NATURE OF TITLE
City of Cupertino
-------------------------------
(NAME OF UNDERSIGNED)
10300 Torre Ave.
- ------ ---- --- --------
Cupertino, CA 95014
------------ -------------- ............... ----------------- i---------------------------------.................... I ----- -------•-------------- ............ I........ ------..
3. The names and addresses of the transferors of the undersigned owner: (to be shown if the undersigned
is a successor in interest of the owner who caused the improvement to be constructed, etc.)
4. A work of improvement on the property hereinafter described was COMPLETED on... 8 /_21 / 8 9
.....................
5. The name of the CONTRACTOR, if any, for such work of improvement was-., ... ...................... ..........
Ierx.y... Rr_ovv.n... �.Qn..tr.�l.C.t. o� G.o.mp.an-y� Inc a-Cal.i_fo.rn .a-C_Qr.por.at-ino
(If no Contractor, insert "NONE.")
6. The property on which said work of improvement was completed is in the City of ....... C up_e r t_in o____......
County of -..----- Santa_. C l a r a
State of California, and is described as follows;
Lot 26, as shown on the map of Monta Vista Park filed for record on
April 11, 1917 in book P of Maps, page 19, Santa Clara County Records.
1 -Sc_enic
7. The street address of said property is:....�3-46,-Boulevard
-------------------------------- ---------------------
Dated. -
Sig -nature of ---
STATE OF CALIFORNIA t Owner or Owners
COUNTY OF S ss.
The undersigned, being duly sworn, says: That.......... he is the owner of the aforesaid interest or estate in the property described
in the foregoing notice; that ........ he has read the same, and knows the contents there d that the a tested therere true.
SUBSCRIBED AND SWORN TO before me
on--------------------------------------------- ................. Signature of ............... ..... ..... ................
Owner
or
(Seal) ............ _.................. _...................................... -- (Sign) Owners ......... ....................... ........ --...............................
Notary Public Commissioned for said County and State
OFFICIAL
Dorothy Marie Cornelius
J <9
Verification for Corporate Owner: NOTARY PUBLIC - CAL1J lNIAS,^, JrA CLA? A COU;:;Ty
STATE OF CALIFORNIA My Commission Expires Sept. 18, 1992 Y
COUNTY OF<�,_ ss
� C,
The undersigned, being duly sworn, says: That he is the ........ /%,dy..0-- ................................... .................... ..............r�...............
of the corporation that executed the foregoing notice as owner of the aforesaid estate or interest in the land described in the
foregoing notice; that he makes this verification on behalf of said corporation; that he has read said notice and knows the
contents thereof, and that the facts therein stated are true.
_..................---............... -..................................... ................ ...........I .........: ..........................
Subscribed 4andwor to bef me on. ... j---�` -•--
.....�C
(Sign)OFFICIAL(Seal) lG4-- .. Notary Comm- sic
for said County and State
c� 1 Dorothy Marie Cornelius
NOTARY PUBLIC - CAD? -11A
SANrA CLArA C01ij,4;y ;?
My Commission Expires Sept. 18, 1992
1001-OFC-74
o
100,
a o
° 10
T
o f9
O % '.' Saw Con C.. Aan dm sty N
mw* it". R. � Z I..a,naa�ll o° OF tA. lkat
O' M ONT A VISTA PARK
N M-A ,•,. .1doaka, to40MMWAWa�
.20' fie►
100
r� 11A
---------14-A i -- _ se.0
4 - 14 is I \. : et
I
8 01 J'
to -00.1z
. I is 24 eon R15
a.-
t to 23 _ 23 �oatt t .. eoo.+2 85.t2
- 1 n - �1d N!1 gi . . - N - �• i{�
to
"' ' • AO — -T T-- a!f 26 L9 I St j is >
- 1 N,.. ,N 31 t 93
rG 1-
CARMEN
ROAO
' Mo.t2
ZS eoo (2 I t>o.t2 4-
tor. Y >S •
BOULEVARD � R
505 RACE STREET, SAN JOSE, CALIFORNIA 95126 • (408) 298-9800
BUYER'S CLOSING SETTLEMENT SHEET
Buyer: City of Cupertino
Escrow No: 42-0099
Property address: Lot 26. Scen;r R1tT.1 �••��--�;__ �.
American Title Insurance Company
505 Race Street • San Jose, CA 95126 • (408) 298-9800
March 10, 1989
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
Attn: John J. Plungy, Jr.
Re: Escrow No. 42-0099
Lot 26, Scenic Blvd., Cupertino,
CA
Property address:
Dear Mr. Plungy:
I have enclosed the following:
1. Buyer's closing settlement sheet
2. Endorsed copy of Grant Deed in your favor
3. Certified copy of the note showing date due
This escrow referenced above closed on March 10, 1989.
Should you have
number
any questions regarding this escrow please contact me at
the
given above.
Very truly yours,
Aaron G. Odell
Escrow Officer
Enclosures:
--
A
W Meridian
Company
505 RACE STREET, SAN JOSE, CALIFORNIA 95126 • (408) 298-9800
BUYER'S CLOSING SETTLEMENT SHEET
Buyer: City of Cupertino
Escrow No: 42-0099
Property address: Lot 26, Scenic Blvd., Cupertino, CA
Close Date: March 10, 1989
DEBIT
CREDIT
Sales Price $345,000.00 $
Deposit to Escrow by Buyer 325,000.00
Deposit to Escrow by Buyer 1,165.00
New'Loan in favor of seller - Terry 20,000.00
Brown Construction Co, Inc.
Escrow Fee 620.00
Document Prep Fee 150.00
CLTA Owners Policy 395.00
TOTAL $346,165.00 $346,165.00
M MOMCAN TITLE INSURANCE COWAANY
harey ciartifies that this is
true copy of the orlainel.
egy>" - �
A
W Meridian
Company
RECORDING REQUESTED BY
10035292
cj
AT '', L
AND WHEN RECORDED MAIL THIS DEED AND,
UNLESS OTHERWISE SHOWN BELOW, MAIL TAX
STATEMENTS TO:
F 7
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
Attn: John J. Plungy, Jr.
ESCROW NO. 42-0099
TITLE ORDER NO. 8900594
RR l j 1 30 1? '8J
C
SAh A C L i iI. COUNTY
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Corporation Grant Deed
The undersigned grantor(s) d(--clare(s)
Documentary transfer tax is S 0.00 A.P.N. 357-08-025
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: ( ) City of , and
By this instrument dated March 7, 1989 for a valuable consideration
TERRY,BROWN CONSTRUCTION COMPANY, INC.
a corporation organized under the laws of the State of California
hereby GRANTS to
CITY OF CUPERTINO, A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA
RECORDED WITHOUT FEE UNDER
SECTION 6103 GOVERtP MENT CODE
the following described real property in the City of Cupertino
County of Santa Clara , State of California
FOR LEGAL DESCRIPTION OF PROPERTY SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF.
` ANTA(Cl, iJU,.- �0UHTY RECORDER
In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this
instrument to be executed by its President and Secretary
thereunto duly authorized.
STATE OF CALIFORNIA l
COUNTY OF Santa Clara SS
On March 7, 1989 before tile, the under-
signed, a Notary Public in and for said State, personally appeared
Terry M. Brown known to me
to be the President, and
N/A known to me to be
N/A Secretary of the Corporation that executed the
within Instrument, known to be to be the persons who executed
the within Instrument on behalf of' the Corporation therein named,
and acknowledged to me that such Corporation executed the within
Instrument pursuant to its by-laws or a resolution of its board of
directors.
WITNLSS my
hand and official seal. /
TERRY BROWN CONSTRUCTION COMPANY,
INC.:
TERRY M. ROWN President
By
a
AARON G. ODELL
NOTARY PUBLIC-CALIFORNIA
SANTA CLARA COUNTY
W CommissionEzpirea Ian. 29, 1990
Secretary
AARON G. ODELL
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY IS SHOWN, MAIL AS DIRECTED ABOVE,
APD731 Name Street Address Cit� t•_ Stalc
City of Cupertino
CERTIFICATE of ACCEPTANCE is hereby given in order to Comply with
the provisions of Section 27281 of the Goverment Code.
This is to certify that the interest in real property conveyed by
the deed or grant dated Mardi 7, 1989, from
to City of Cupertino, a govenmiental agency, its hereby accepted by
order of the City Council on ���'l� , 1989, and the
grantee consents to recordation thereof by its duly authorized
officer.
Dated: —March 8, 1989
By
City Cler
Clty of i7e�'t�110
EXHIBIT "A"
PARCEL NO. 1:
Lot 26, as shown on the map of Honta Vista Park filed for record on April
11, 1917 in book P Of Maps, Page 19, Santa Clara County Records.
PARCEL NO. 2:
A non-exclusive easement for ingress and egress over the following described
parcel:
Beginning at the intersection of the easterly line of Scenic !Blvd. and the
southerly line of Lot 22 as said lot is shown on the map for Monta Vista
Park as recorded in Book "P" of Maps at page 19, Santa Clara County Records;
thence along said southerly line of Lot 22 S 890 53' E 10.00 feet to the
true point of beginning; thence continuing along said southerly line of Lot
22 S 89' 53' E 90.17 feet to the southeasterly corner of said Lot; thence
along the easterly line of said Lot 22 N 000 07' � 92.62 feet; thence
parallel to the northerly line of Lot 23 as shown,'•on the above mentioned map
S 890 53' E 53.00 feet; thence parallel. to the easterly line of the above
aentioned Lot 22 S 000 07' W 40.00 feet; thence parallel to the northerly
line of the above mentioned Lot 23 N 890 53' W 18.00 feet; thence parallel
to the westerly line of said Lot 23 S 000 07' W 87.62 feet; thence parallel
to the southerly line of the above mentioned Lot 22 H 890 53' W 125.12 feet;
thence parallel to the above mentioned easterly line of Scenic Blvd. N 000
07' E 35.00 feet to the true point of beginning.
505 Race Street • San Jose, CA 95126 • (408) 298-9800
Dear Customer,
Enclosed is your policy of title insurance. It has been
inspected and proofread for correctness.
American Title Insurance Company is committed to providing
quality title insurance services and we sincerely thank you
for this opportunity to be of service to you.
Very Truly Yours,
William Payne, Jr.
Policy Control Supervisor
A
W Meridian
Company