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1434 Capri Dr. (98-406),~~ l~ 3~ ~l 4 ~ 0 C~.pn ~~ ~,,--~ PUBLIC WORKS -ENGINEERING DIVISION ------------------ MEMORANDUM TO: Building Division FROM: Michelle Quinney, City Engineer SUBJECT: 1440 Capri Drive DATE: December 3, 1998 All public works conditions of approval for the lot split/parcel map and site approvals for 1440 Capri Drive have been satisfied and we have no objections to the release of building permits for this site. ~ OF,CAMA • :\ ~ ~ r r y i a .) '~ c '/~/yi~ O R C H ,1 8 O CITY of CAMPBELL Public Works Department August 11, 1998 Diane Urata Commonwealth Title Company ~3~3 Almaden Expressway, Ste. 62 San Jose, CA 9~ 118 Re: 1434 Capri Drive -Recordation of Parcel Map Gentlemen: Enclosed are the original two mylar sheets of the Parcel Map prepared for William and Nancy Bailey. It is my understanding this map will be recorded today. Please provide us with a confot~ned mylar copy for our records. It is our understanding that the owner has paid all City fees. Please give me a call at (408) 866-2158 if you have any questions or need more information. Sincerely I. Haroid Houslev Land Developm Engineer cc: Michelle Quinney, City Engineer Frank Cauthorn, Building Official Anne Bybee, City Clerk Aki Irani, Planner I bcc: Steven Arnold, Civil Engineer h:Uanddev11434carp(mp) 70 i~Iorth First Street Campbell, California 95008.1423 rep 408.866.2150 Fax 408.376.0958 TDD 408.866.2790 Author: MicheleQ at City hall Date: 7/29/98 12:44 PM ~~ Priority: Normal TO: HaroldH T0: AkiH at MIS Server '" - _ ---~ CC: ChuckG "- ~ Subject: Re:~34 Gapri Drive\Recordation of Parcel/FPM 97-04/597-14 ---111111-----' -------------- Message Contents~,~ ---------------------------------- _.. Aki, I have been working with Mr. Townsend regarding recordation of his parcel map. He may be ready to record in a week or so. He wants to record now. I have previously told him he needs a clearance letter from the Planning Division. I will hand you a copy of the current PM for your use. There is no grading plan or street improvement plan. Aki...grading plans and street improvement plans are not required for this parcel map. He is very anxious to have the map completed...by Monday is his drop dead date. I have doubts we will be able to make that date, but just to let you know what he is shooting for. Thanks..MQ MEMORANDUM CITY OF C.~'~tPBELL PUBLIC WORKS DEPAItTbtElvT T0: Frank Cauthom, Building Division Manager/Building Official FROM: Harold Housley, Land Development Enginee, Chuck Gomez, Assistant Engineer DATE: ~ ~ _~~ Site Address: /~~~ ~~ ~-f~~,y.~ Plan Check Number: y~~~~ File No(s): /~~y~; ~~ s~~l~ CONDITIONS OF APPROVAL FOR CLEARANCE OF BUILDING PERIYIIT(S) TO CONSTRUCT A NEW RESIDENTIAL STRUCTURE: OR AN ADDITION OR ALTERATION THAT ADDS 50% OR MORE SQUARE FEET OF LIVING AREA.. TO AN EXISTING RESIDENTIAL. STRUCTURE (SECTION 11.24.182) THIS DEPARTibIEI HAS O OBJECTION TO ISSUA1~iCE OF GRADING, DRAINAGE, OR ,~~IN~ERl'~IITS FOR THE ABOVE REFERENCED PLAN DATE: Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall pay the required Storm Drain Area fee. The current fee ~ ~ ~~' is $ ,ZC~ per acre or $ //jQ ' Unsecured Deferred Street Improvement Agreement: Prior to issuance of any grading, `~ drainage, or building permits for the site, the owner shall execute an unsecured street ~y9,~ improvement agreement for construction of street improvements. Street Improvements: Prior to issuance of any grading, drainage or building permits for the site, the applicant shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, execute a street improvement agreement, post security and provide insurance necessary to obtain an encroachment permit for construction of the improvements, as required by the City Engineer. The plans shall include the following: Page 1 of 2 PLAN CHECK NUMBER: ~-G Preliminary Title Report: Prior to issuance of any grading, drainage, or building " ~ permits for the site, the applicant shall provide a current Preliminary Title Report. "~, Right-of-Wav for Public Street Purposes: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall grant additional Right-of-Way for Public Street Purposes along the frontage(s) to accommodate Applicant shall cause to be prepared all documents necessary to record dedication and submit to the Ciry for review ~~ Public Service Easement: Prior to issuance of any grading, drainage, or building permits for the site, the owner shall grant a Public Service Easement on private property contiguous with the public right-of--way along the frontage. The applicant shall cause all documents to be prepared by a registered civil engineer/surveyor and submitted to the City for review and recordation. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 G//~ of the Campbell Municipal Code for any new or remodeled buildings or additions. /~ Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility company. Utility Installation Plan: Prior to issuance of building permits, the applicant shall submit a Utility Installation Plan and Schedule for approval by the City Engineer for ~ ~ ~~' installation of all utilities. Streets which have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations and will also require a pavement restoration plan for approval by the City Engineer prior to any utility installation. <~ Legal Lot: The applicant shall provide documentation to ascertain that the lot was legally created, or prepare a parcel map to create the parcel shown. ;/ /~ L' Comments:~~~~~~ ~ ~ ~ _ G~~~~s~ ~y~~~~~ ~~~ ~ j:lformslbldgapp ~ d'~ Rev. 6/2/98- /yl ~~,~~~ ~~ C~ ~~~~, J,~~ :~ Page 2 of 2 ., -----I~_ ~____ _---T- G ____ __ lOTUNE~ ~ -1 ~ ~ LOf DIM, - E ~~~' -I-E _~__~_I___ I __ __ I _- INOIGiE WATER EASEMENT DIM, I I W I /~ ~ ~ ~ I HEC'TRtC N GRADE ELEV. Ai 3 I CORNERS Of lOT of ~ I t INOIGTI! DRAINAGE SWAlES I '4 al I l i~ ~\ I~ oI ~~ ~ C I \ / O I ~ I ~~ I GRADE ELEV. AT ~ ; ~ I CORNERS OF HOUSE 1 I ~ G - R METER l iION ~ ~ COGTION HOUSE TURNOFF I ~ / DWEWNG INDICATE GRfORT ~ ~ ~~~ DIMENSIONS I <ARIORi~ SIDE YARD i EIEV.OF FlRST FLOOR DRIVEWAY DIMENSIONS tOT UNE I \ ~~~~~~ ' I I PORCH .~ GO. a N W Y I~ I W LI j W s o' _ u~ I I -. Z ~ = Z p ~ . o GRADE ELEV. Ai CORNER S Of LOT r ` ` II M-! I i INOIGTE lOT UNE 1' tOT DIMENSIONS 1 I %-E ..~_. I ~ ~. '1 ~ ' ~ J+ I SIZE 6 IOGTE --~-~ All watKS " x I EDGE Of -AVEMENT i S - xo s _ GAAOE ELEV. AT CENTERLINE Of ~ ; STREET AT lOi ONES iJfTENOED u ~ SANITARY SEWER 2 ,~ I c I i, _ GIENHAVEN ROAD I Plot plan: layout and drafting conventions r0: City Clerk 4CCT. 133 333 J921 ~ PUBLIC WORKS DEPARTMENT RECEIPT EfTative July I, 1996 PUBLIC WORKS FlLE NO. PROPERTY ADDRESS Please collar ffi receipt (or dle folbtving monin: ITEM Pmiect Revenue (spaifv pmjaU S ENCROACHMENT PERMIT ln2 ADPliutian fee Non-Utilirv Encrwchmrnt Permit R-1 First Permit Mo Fa), Subsequent (5223) PertniJYr (511X1) Utilirv Encmachmrnt Permit ArteriaVCollator Street (5323) Residrntial Street/Other Areas (3223) 221ll Plan Chak Deposit - 2% of ENGR EST. (331X1 min) '_2113 Faithful Pcrtbrmance Saurirv (FPS) (11X1% o(ENGAEST.) 2203 Labor and Materials Saurirv (IIXIS: of ENGR ES'(J 22113 Monumrnmtion Saurirv (IINY/. of ENGAE$T.) 22113 Cash Dcposit (1•/. of ENGREST.x331N1 min/f1U,11W mu) Plan Chak Yc Inspection Fa Mon-Utilirv) t722 •• 2203 Engr. Est <S23U.tXXI EngcFst>52311,UtN) (12% o(ENGR ESTJ (Deposit N%of ENGR EST.B70,1NX1 min.)•• 1722 Utility <SIIIILINNI Minimum Charge Per Caution (5120) 2113 ConduiulPipelines up m SINI feet Above SIN1 Fen ManholesNaults/Ete. Pole Set/Removal Suer Tra PlantinyRemoval Utilirv>SIINI.IMNI (51.60/R) (SI.IIVR) 15105/u) (SIUS/ea) (SIUS/tree( Actual Colt+2UY. •• 1722 SucetTme PlantinglRemoval Permit (SIUS) 17611 Prolat Plans & $pailiutions Prolat No. 17(11 Standard Spail;utions Bs Devils (SI/Pg SI2/Bookl 1760 Copies oC Enginaring Maps R Plans (S.SO/sq.R) 3722 Prnalties: Failure to tesmm public impmvemrnu (3!1X1/Calendar Dav) (Muni Code Satan 11.34.010) 1722 Pc li er F 'I rt m c rrect unsafe condition (5100/Calendar Dav) LAND DEVELOPMENT 1722 Lot Lino Adjustment (551X)) tn'_ Pawl Map fl Lots orLcul (51,060+525/Coq JT~ F 1 Tract MaP (S or More Lou) (SL380+523/Lotl _ 1n2 Certificate of Compliance (SS1Nq mz Certificate of Cortection (S31Xq Jn2 Vaca[ion of Public Sueeu & Easemrnu (23311) j 1n2 Assessment Segregation or Respportanmrnt First Split Each Additional Lot (53311) (SI71q 1n 1 Storm Drainage Area Fa Per Acte IR-I. 32.IXN1) (Multi-Res. 32,2311) (All ONer. 32.31X1) J9211 ~ Parkland Dedicmien Fa t9G3 Postage _.__ 1728 Inmrsation Turn Counu (Two-How Count) (SG(I) 1728 Int<rsation Tum Counts la.m. ar p.m. peaks) (5123) tng TratTic Flow Map (Deily TratTic Volumes) (527) ina ('„„~MII TmRe Model (Full Scone Assessmrnt) 152.2511) _ 1271 Tru Jn8 No TOTAL NAME OF APPLICANT ~ ~ t NAME OFPAYOR / ADDRESS ''Acmes( Con Plus LI%: Overhead Mon-(merest bearing deposit FOR CITY CLERK RECEIVED BY ~:~~-~1 / ~ t^/~ ONLY //// ~ Date 1,G ~, .i ~ ..:Rampsd ` r) 'For Plan Check and Cash Deposiu, send )ellaw copy m. Finance. - Date/ fnitiab S i Ur natout7r .,t ~VI~ Q! ~ ~~,/ 3 ;, haxc(rm1(ezchnp(m IRA7) CITY OF CA~iP'BELL• CA G~fiJTi RV• ir5i~ii.1 fiiti fift117fl~; T~LlnYs C i~nT~' ~ Lid jv+A /08 y `is~ ~ iii.; tiLi4ly f I~IL= 1.'4f'i~:i LI.' L L t V: Y :. i V 1 Lti J t\L~ i4s .fi!k~ V l V (( ~~+\ tt~~jj~~ [ r. fil ~~~ilJii i9i1JtJ~i•t Li~\7l r ylyii`'1{ vi^\~if~ i-~~v -N : ~`.s..vt.6tt! TnTAI ~Itjii~ tutnL ti 111 M1A riaii .vv ~ fain: ~t,_ ~g,nti, r,} { Fr (( ~~ y T`NiJuwGil2 ~. -::fJ.4tiv~ a tJn //~~ tn•t c tar ~n .oF~~aM ~ A~ L r .~ ;, 'S ~ F ~ ~RCHp0.0_~, CITY of CAMPBELL Public Works Department Date; June 2 , 1998 TRANSMITTAL FROM THE PUBLIC WORKS DEPARTMENT TO: John Townsend FROM: I. Harold Housley, Land Development Engineer SUBJECT: 1434 Capri Drive We are forwarding the following: Original and one copy of a Deferred Street Improvement Agreement to be signed by William E. Bailey II and Nancy C. Bailey. Both signatures must be notarized. Remarks: Please have the Agreement signed, signatures notarized, and return to me for filing with the County Recorder V` t " ``~~ Q J~~`~~ P~~ ~~~~ e~~f' C ,~~~ J:\FORMS\CETRANS(EXCEL) I . Harold xousley, P. . `~'~'' Land Development Engineer 70 North First Street Campbell, California 95008.1423 Tee 408.866.2150 Fnx 408.376.0958 Teo 408.866.2790 Recording Requested By: City of Campbell And When Recorded Return To: City Clerk City of Campbell 70 N. First Street Campbell, CA 95008 DEFERRED STREET IMPROVEMENT AGREEMENT THIS AGREEMENT (identified as No. PM 97-04 and S 97-14) made and entered into this ~ day of , 19 Cf~ by and between WILLIAM E. BAILEY, II, AND NANCY C. AILEY, HUSBAND AND WIFE AS JOINT TENANTS, hereinafter referred to as "Owner, " and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City. " WHEREAS, City granted conditional approval of PM 97-04 and S 97-14 upon that certain real property described in Exhibit "A" attached hereto and made a part hereof by reference, which property is hereinafter referred to as "said real property" and commonly known as 1434 Capri Drive; WHEREAS, compliance with the terms and conditions of this agreement are conditions to the final approval of above described application to construct a single family residence; WHEREAS, the City Council at its meeting of Au~:ust 5.1997 approved an amendment to the Conditions of Approval to waive the security for the deferred street improvement agreement; NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED APPROVAL, it is hereby agreed as follows: (1) Owner shall provide, construct and/or install at his own proper cost and expense, public street improvements within 12 months from the date when owners or their successors are notified to do so by the City Engineer. (2) All of said improvements shall be constructed and/or installed within 12 months from the date that Owners, or their successors, are notified by said City Engineer to do so; provided however, that in the computation of said twelve-month period, delays due to or caused by acts of God, viz., unusually inclement weather, major strikes, and other delay beyond the control of Owners shall be excluded. -1- It is expressly understood and agreed to that if Owner shall fail to complete the work required by this Agreement within the said 12 month period, the City, after giving ten (10) days written notice thereof to Owner, or his successors, may construct and/or install said improvements and recover the full cost and expense thereof from owner, or his successors. It is further expressly understood that the purpose of this agreement is to defer construction of the above-mentioned improvements until some future date more conducive to the overall needs of the City of Campbell. In keeping with this understanding, the right of the City to give any of the notices specified herein in Section (2) of this Agreement to install such improvements, or to require construction or installation of such improvements, or to install such improvements itself and recover the costs thereof shall not be barred by the passage of time or delay by the City, but shall remain open and enforceable indefuutely and forever. It is also understood that the passage of time or any delay caused by the City shall not relieve the Owners, or their successors, from performance under this Agreement, but that the Owners, and their successors, shall remain bound indefinitely and forever. Any increased construction or preparation costs caused as the result of the passage of time shall be the responsibility of the Owners, and their successors. Nothing herein shall be deemed to prohibit construction of said improvements prior to notice by the City Engineer to construct or install such improvements, provided that prior to such installation, all of the provisions of Section (3) shall be satisfied. (3) Owner, or his successors, shall cause to be prepared at his cost and expense improvement plans for the construction and/or installation of said improvements prior to such construction or installation. Said plans shall be prepared by a civil engineer registered by the State of California and submitted to the City Engineer for examination and approval. All of said improvements shall be constructed and/or installed in accordance with those plans approved by the City Engineer and shall be made under the supervision and inspection and to the satisfaction of the City Engineer. Said construction and/or installation shall be in accordance with the existing ordinances and resolutions of the City of Campbell and to all plans, specifications, standards, sizes, lines and grades approved by the City Engineer, and all State and County statutes applicable thereto. Upon completion and acceptance of the improvements by City, Owner, or his successors, shall provide reproducible as-built plans to the City Engineer. (4) The construction work of the improvements embraced by this Agreement shall be done in accordance with the specifications of the City of Campbell and West Valley Sanitation District, where indicated. (5) Prior to approval of the plans by the City Engineer pursuant to Section (3) of this Agreement, Owner, or his successors, shall pay to the City for examination of improvement plans, field inspection of construction of improvements and all necessary. -2- expenses incurred by City in connection with said improvements, a sum to be determined when said plans are submitted in accordance with the rules in effect at that time. (6) Owner, or his successors, shall file with City, prior to commencing work, surety, acceptable to City, to ensure full and faithful performance of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distribution system. Said surety shall guarantee that Owner, and his successors, will correct any defects which may appear in said improvement work within one (1) year from the date of acceptance of the work by City and pay for any damage to other work resulting from the construction thereof, as well as pay the cost of all labor and materials involved. This surety shall remain in effect until one (1) year after date of final acceptance of said improvements by City. Said surety amount may be reduced by the City Engineer after the date of fmal acceptance to not less than twenty-five (25) percent of its full value. (7) Upon final release of said surety by City, the obligations of Owner, and his successors, contained in this Agreement shall be considered null and void. (8) When called upon by City to do so, Owner, or his successors, will execute a petition for the formation of any special assessment district created pursuant to any special assessment act as provided in the Streets and Highways Code of the State of California created for the purpose of constructing and/or installing any or all of said improvements. (9) Owner, or his successors, shall participate in and become a part of any special assessment district as described in paragraph (8) of this Agreement. It is expressly understood that any obligations of Owner, or his successors, contained in this Agreement that are accomplished to the satisfaction of said City Engineer by said special assessment district shall be considered null and void. (10) Owner, or his successors, shall make such deposits or file such bonds and enter into such agreement as required by West Valley Sanitation District to ensure the installation of a sanitary sewage system to serve said real property, and Owner, or his successors, shall file with City, upon execution of this Agreement, a letter from said Sanitation District stating that Owner, or his successors, have made such deposits or filed such bonds and entered into such agreements. (11) Owner, or his successors, shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground wiring circuit to all electroliers within said real property when Owner, or his successors, is notified by either the City Engineer or the Pacific Gas and Electric Company that said fees are due and payable. Owner's, and his successors' , obligations under this section shall not be relieved by delay or the passage of time, but shall remain binding indefinitely and forever. -3- (12) Owner, or his successors, shall make such deposits or file such bonds and enter into such agreement as required by San Jose Water Company when called upon to do so to ensure that installation of a water distribution system to serve said real property, including fire hydrant. Owner's, and his successors', obligations under this section shall not be relieved by delay or the passage of time, but shall bind Owner and successors indefinitely and forever. (13) Any easement and right-of--way within or without said real property necessary for the completion of the improvements shown upon aforesaid improvement plans shall be acquired by Owner, or his successors, at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required for the purpose of securing said easement and right-of--way, Owner, or his successors, shall deposit or cause to be deposited with City a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto such sums as may be required for legal fees and costs, engineering and other incidental costs shall be deposited with the City. (14) Owner, or his successors, shall carry out any and all negotiations with all interested parties and shall perform or cause to be performed at his own cost and expense and to the satisfaction of the City Engineer any and all work required to abandon, remove, raise, lower, relocate and otherwise modify irrigation line or lines within the boundary of said real property. (15) To the fullest extent permitted by law, Owner, and his successors, shall indemnify, defend and hold the City of Campbell, and its agents, employees, attorneys, officers, officials and assignees harmless from any and all claims, damages, losses and expenses, including, but not limited to, attorneys' fees, arising out of, or resulting from any negligent or intentional act or omission (including misconduct) of said Owner, or his successors, or any subcontractor, or anyone directly or indirectly employed by him, or anyone for whose acts any of them may be liable in the course of performance of this Agreement. The Owner, and his successors, shall also indemnify, defend and hold the City of Campbell, and its agents, attorneys, employees, officers, officials, and assignees harmless against and from any and all claims, demands, liabilities, losses, lawsuits, judgments, damages, costs and expenses (including, but not limited to, attorneys' fees and court costs, whether incurred at trial, appellate or administrative levels) which the City of Campbell may incur or suffer, or to which the City of Campbell may be subjected resulting from the failure of Owner, or his successors, or his agents, employees, subcontractors, or anyone performing services under him, to fulfill any of the obligations imposed under this Agreement. (16) It is acknowledged that the provisions of this Agreement constitute covenants for the improvement of the subject real property for the mutual benefit of Owner's property, commonly known as 1434 Capri Drive and the City's property, commonly described as 1434 Capri Drive where it adjoins Owner's property. These covenants shall be considered to affect. -4- rights in the above-described real properties, and shall be binding on the heirs, assigns, successors, and grantees of Owner to said real property. (17) Nothing contained herein shall be construed to transfer any unvested interests in real or personal property for purposes of the rule against perpetuities. (18) In the event that Owner, or his successors, should breach any of the terms, conditions, or covenants of this Agreement, the Ciry shall be entitled to recover, in addition to any other relief available in law or equity, all costs incurred in attempting to obtain enforcement of the Agreement,- or compensation for such breach. These costs shall include reasonable attorneys' fees and court costs. (19) This is the entire Agreement between the parties and there are no representations, agreements, arrangements, or understandings that are not fully expressed herein. (20) This Agreement can be executed in counterparts by the parties hereto, and as so executed shall consist of one agreement, binding on all the parties. IN WITNESS WHEREOF, said City has caused its name to be affixed by its Mayor and City Clerk, who are duly authorized by resolution of the Ciry Council, and said Owner has caused his name to be affixed the day and year first above written. OWNER WILLIAM E. BAILEY, II, AND NANCY C. BAILEY, HUSBAND AND WIFE AS JOINT TENANTS illiam E. Bailey II (Attach Acknowledgment) ancy C ailey CITY OF CAMPBELL Acting Public Works Director h: \landdev\capriagr(mp) wp -5- EXHIBIT "A" LEGAL DESCRIPTION REAL PROPERTY in the City of Campbell, County of Santa Clara, State of California, described as follows: Lot 6, as shown on that certain Map entitled Tract No. 148 Parrview Tract, which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on August 12, 1940, in Book 4 of Maps page(s) 55. -6- STATE OF CALIFORNIA f SS. COUNTY OF ~~ ~~ l Cl~~ On ~L ~ J ~, l U before me personally appeared me (or proved to me on the basis of satisfactory evidence) to be the person(s), whose names ~i re subscribed to the within instrument and aclrnowledged to me that he s ey ezecutod the same in hist~/their authorized capacity tes), and that by hi er it signature(s) on the in- strument the person(s) or the enury upon behalf of which the person(s) acted, executed the instrument. WITNESS my ha~offi Signature r D. LAY /" Cnmm. it 1118447 M NOiABY PUBLIC • CALIFORNIA N Sa.u Chia Couery MY Coaa~. Exptn~ M~ (, 2002 'r (This area for officul nounal seal) ST-t65 (6921 CALIFORNIA ALL-PURPOS_ ACKNOWLEDGMENT State of ~~ ~ 1~.rt'1 ~~ County of ~ `^~~~_~lc~V~c~ On ~~-'1~~ 3 , ~~~~ before me,'K[~ 1 y1~~Z ~~.~<~V ~ Z;~~~~~-1~~~,`~. Date Name and Title of Officer (e.g., "Jane oe, Notary Public") personally appeared Name(s) o, Signer(s) wn roved to me on the basis of satisfactory evidence i ~,~o<, ROSANNA ALVAREZ Z ~,,,/• ~a Commision #1071666 o `' ~ PJotary Pubtic -California °o ° ~~' i ° ~ Santa Ctara County °+GfoaN~' My Comm. Expires Sept. 10, 1999 8t o~~N~HNiN~~ to be the person~vhose name~j is/sre~ subscribed to the within instrument and acknowledged to me that he/s#e~kiay. executed the same in his/ei~•authorized capacity and that by hisitbeir signature~,on the instrument the person; or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public ~ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~ ~'~~ ~~~~ ,~ Y ~~-t" 1 ~~a..X (`1L-'CY J 1~V t'~ r-~eemer- Document Date: ~,~ "~ ~`{"~~ Number of Pages~t!n~- ~~~nr Signer(s) Other Than Named Above: ~ a' ~ C • caY~ ~ ~~ Capacity(ies) Claimed by Signer(s) Signer's Name: "~ladividual ^ Corporate Officer Title(s): ^ Partner - ^ Limited ^ General ^ Attorney-in-Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here Signer's Name: ^ Individual ^ Corporate Officer Title(s): ^ Partner - ^ Limited ^ General ^ Attorney-in-Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing Top of thumb here m 1996 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Call Toll-Free 1-800-876-6827 June 2, 1998 City of Campbell Public Works Department 70 North First Street Campbell, CA 95008 RE: Utility Installation Plan. In regards to the property: Site Address: 1434 Capri Drive Plan Check Number: 98-406 File No(s): PM 97-04, S 97-14 The sewer for the above-mentioned property is the only utility requiring a street cut for installation. The sewer installation is scheduled for August of 1998. All other utilities will be of a boring nature. It's our understanding that street resurfacing will be done in the year 2000. Therefore, this should sufficiently meet your requirements. Sincerely, William E. Baily Date r ~, !L/ 9,~ Nan y C. B ' y Da PUBLIC WORKS DEPARTMENT RECEIPT ElLative July I, 1996 TO: City CI<rk PUBLIC WORKS flLE NO. // PROPERTY ADDRESS ~ ACL7...... Please collar dt receipt (or dte following monies: ITEM - 475.535 3921 I Protect Revenue (spaify ptojat) f ENCROACHMENT PERMIT J722 Application Fe< Non-Utilirv Encttsachment Permit (5223) R-1 First Permit Mo Fee), Subsequent Permit/Yr (Sllllp Utilirv Enctoachmrnt Permit ArtenaUCollamr Street (5325) Residrnual Stteet/OUler Areas (5223) 22117 Plan Check Deposit - 2%of ENGR EST. (SSINI min) ?2117 FaiNCul Perturmonce Saurity (FPS) (11NN/. of ENGREST.) 22117 Labor and Materials Saurirv (I1111Y. of ENGR EST.) t21q MonumenmtionSattrirv (IINIY.oCENGREST.) 22113 Cash Deposit (4'/.of ENGREST.NS3W min/SI0.UW max) L Plan Chak ~@ fnspation Fm (Non-Utility) 1722 2207 Engr.Est.<S23U,Ua1 EngcEst~S2311.000 (12%of ENGR EST.) (Deposit%'/. of ENGR EST$30.INN1 min.)•• 1722 Utilirv <TIIIII.INNI Minimum Chstge Per Location (S 12U) Conduiu/Pipelines up m SIN( Feet Above SIN( Feet Manholes/VaultslEm. (S 1.611/R) (SI.IIUfL) (51113/ea) 2211} Pole SeURemoval Street Tree Planting/Rcmoval Utilirv>SIINI IIINI (SIDS/eat (SIIIS/tree) Actuol Cost+21Y/. •• 1722 Sircet Tree Planting/Removal Permit (SIUS) 17611 Project Plans & Spaifications Pmlat No. 17(11 Standard Spaifications ffi Demds (SI/Pg SI2/Book) i76D Copies of Engineering Maps &: Plana f,S.30/sq.fl) 1722 Penalties: Failure to msmrc public impmvemrnb (SIINI/Calendar Dav) unsafe conditions 1722 1722 Lot Line Adjustrnent Parcel MaP (4 Lots or Less) ISTN11 (SI,000+S23/Lotl 1722 Final Tmct Map (S or Morc Lob) (S13R0+S25/Leq 1722 Certiticam of Compliance (SSINI) 1722 Certitiwte of Cortection (S31N1) 1722 Vaca[ion of Public Streets ~ Easemrnts (53511) 1722 Assessment Segregation or Reapportionment Firs[ Split (S351p Each Additional Lot (2170) 1721 Storm Drainage Area Fee Per Acm (R-I. S2.U1>n) (Multi-Res, 52,23U) (All Other, S2.SIN1) 19zu Porkland Dedication Pee 172% Intersation Turn Counts (Two-Hour CounU (S61D 172R Intersection Turn Counts f a.m. or p.m. perks) (5125) 1728 TmtTic Flow Map (Deily Tm1Tic Volume) (227) 4T.R Campbell TmRc Modd !Full Scope AssessmrnH (52.23111 i72R Campbell TmlTic Model (Reduced Scope Assessmenq (27411) 4271 Truck Permits (235/trip) 472R No Parking Sigm (SI/each or 525/lag TOTAL `''7~~` ~--ter NAME OF APPLICANT ~-~~'~ri ~d<tiJ/J~1/'/.7 ~ ~i i NAME OF PAYOR PHC i / J ADDRESS ~~//v/J ~.~J% 1~/^~~~/ ZIP Ploy 211;% Overhead S AMOUNT FOR CITY CLERK RECEIVED BY 1 ONLY Date ...Receipt d... 'For Plan Chakand Cash Deposits, send )'cllow copy m Founw:.- Data!' Initials ~. 4 ~ '~~`" ~• .. .. r'6~~/ ASP p r^'(F!~ t.s,..r ~,.. h ~secCrtn4(exc~p(rcv IlL97) rrrv ~~ rr~~GVn LLI i V i YLL RENT BY: 3Ai~H nrrT~rrn nArr. n~rnn mn nr/J!1!Cn lJHEC• cili.+yc:!?v ~ ~ ~n CI44Ji1~1o rrur. ~~.Tf.nr !!!S_• !!•stl•G!} Ti-i^,(`RTitTiildl ~~'l'Jiili ti:ili ri/YE7ttiIT iit i'l Viii rAl r Ann o BMtL Ikf3 ~ nlm' TnATTn rur_it,r.!tu SS~r-- cn 7V.JV 7t..' a „YS ~SACL,~ GATTi• tti CrS nJl 1A14• YV.JL TCU~ ~i~tis ~ _ C~ 5r1 ,~.t,,: tt~~ LjjH~ JMC : ~ s VV ~~~ ^ Sanctity of Contract STEWART TITLE OF CALIFORNIA, INC. July 18, 1997 WILLIAM & NANCY BAILY 1434 CAPRI AVENUE ~~, ~+`/u CAMPBELL, CA 95008 ~Q~ ~~ RE: Policy No. CNJP-1597-415071 PUQL/c2 9 f998 Order No. : 34255132 AQMIry~BTw©qK8 Loan No. 667556 A'11ipN Dear William and Nancy: In regard to the above referenced Order Number, we are pleased to enclose the following items: (XX) STEWART ORIGINAL CLTA POLICY OF TITLE INSURANCE We consider it a privilege to have had this opportunity to work with you on this transaction. We trust that it has been handled to your satisfaction. We look forward to dealing with you again in the future, so please conta~ us if we can be of any service. Very trul STEWART T By WILLIAM CURNUTT jsm INC. Stewart Title of California, Inc. 2055 Gateway Place, Suite 150 San Jose, CA 95110 (408)456-9200/FAX(408)456-9020 coverage or neea assistance [o resolve complaints, please tau our toll tree number: 1-tfUU-/2y-lyU'L. It you make a claim unuer your policy, ~e in accordance with Section 3 of the Conditions and Stipulations. site at: http://www.stewart.com POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY .~:.: SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the'title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land;,' and in addition, as to an insured lender only: 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; 7. The invalidity or unenforceability of any,'assignment of the insured mortgage, provided the assignment is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. Signed under seal for the Company, but this Policy is to be valid only when it bears an authorized countersignature. ~,urwirr . ; („nri,r~ STEWART TITLr: GUARANTY COMPANY ~~.~!r s•.~x~;P.y~ w~3rG0Rq~f~r`~4}~ ~~~f X ps.*,• ... ('~~t .o~~ d~i1~ President Company ~~~{. Y1T~-~.~ ~I~I-~~{. X55 CA`i'E;LN~1`-' Pi=J~G~~"'~~150 City, State SAN JOSE, CA 95110 Po~~y °'CNJP-1597- ~ 15071 Serial No. 161 (Rev. 1-19-91) CLTA STANDARD COVERAGE SCHEDULE A Order Number: 34255132 Date of Policy: July 16, 1997 at 8:00 a.m. Amount of Insurance: $ 310, 000 .00 Premium: $l, 272.00 Policy No.: CNJP-1597- 415071 Loan No.: 667556 1. Name of Insured: WILLIAM E. BAILY, II and NANCY C. BAILY 2. The estate or interest in the land which is covered by this Policy is: A FEE 3. Title to the estate or interest in the land is vested in: WILLIAM E. BAILY, II and NANCY C. BAILY, Husband and Wife, as Joint Tenants 4. The land referred to herein is situated in the State of California, County of Santa Clara City of Campbell described as follows: SEE "LEGAL DESCRIPTION" ATTACHED STEWART TITLE Guaranty Company ~s~z EXHIBIT "A" LEGAL DESCRIPTION Order No.: 34255132 The land referred to herein is situated in the State of California, County of Santa Clara, City of Campbell described as follows: All of Lot 6, as shown upon that certain Map entitled, "Tract No. 148 Parrview Tract," which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on August 12, 1940 in Book 4 of Maps, at Page 55. APN: 406-22-037 JPN: 405-23-006 STEWART TITLE Guaranty Company CLTA STANDARD COVERAGE - 199n Policy No.: CNJP-1597- 415071 SCHEDULE B PART II 1. General and Special City and/or County taxes, including any assessments collected with taxes, to be levied for the fiscal year 1997-1 998 which are a lien not yet payable. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 3. A building set-back line 25 feet from Capri Drive as shown on the map ref erred to herein. 4. Easement as follows as shown on filed map For Light and Air Easement Affects Northwesterly 25 feet 5. Covenants, conditions, and restrictions (Restrictions, if any, based on ra ce, color, religion, sex, handicap, familial status or national origin are deleted.) as set forth in the document described. Recorded: August 21, 1940 In Book 998 at Page 414 of Official Records 6. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount $200,000.00 Dated July 9, 1997 Trustor William E. Baily II and Nancy C. Baily, Husband and Wife, as Joint Tenants Trustee Stewart Title Company Beneficiary Mellon Mortgage Company, a Colorado corporation Loan No. 667556 Recorded July 16, 1997, under Serial No. 13775799 Official Records STEWART TITLE Guaranty Company E''^ORSEMENT ATTACHED TO AND MA[''- 1 PART l JIORTGAGEE'S POLICY OF TITLE INS .ANCE SERIAL NUMBER 1597- 415071 ISSUED BY No. 34255132 _ Charge $ 0.00 STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY The Company, recognizing the current effect of Inflation on real property valuation and Intending to provide additional monetary protection to the Insured Owner named in said policy, hereby modifies said policy, as follows: Notwithstanding anything contained in said policy and any other Endorsements attached thereto to the contrary the amount of insurance provided by said policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent herein specified. 2. "Adjustment Date" is defined, for the purpose this Endorsement, to 12:01 a.m. on the first January 1 which occurs more than six months aker the date of policy, as shown in Schedule A of the policy to which this Endorsement is attached, and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum amount of insurance provided by said policy (as said amount may have been increased theretofore under the terms of this Endorsement) by the same percentage, if any, by which the United States Department of Commerce Composite Construction Cost Index(base period 1967) for the month of September immediately preceding exceeds such index for the month of September one year earlier; provided, however, that the maximum amount of Insurance in force shall never exceed 150% of the amount of Insurance stated in Schedule A of said policy, less the amount of any claim paid under said policy which, under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment In the amount of insurance for years in which there Is no Increase in said Construction Cost Index. 4. In computing loss or damage incurred by the Insured Claimant, the amount of insurance in force shall be deemed to be the amount in force at the date the Insured Claimant first learned of the defect in title from which the loss or damage resulted or the date of receipt by the Company of the first notice of clatm, whichever first shall occur. Nothing herein contained shall be construed as extending or changing the effective date of said policy. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements, thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it Increase the face amount thereof. Signed under seal for~the Company, but this Endorsement is to be valid only when it bears an authorized countersignature. STEWART TITLE (f~+W '~~~E~6pq ~ 'C .• .*: ~9+ Chairm the oard ~' c°aPO~~r~~ Preside M's 19 0 80 *~, .~. ~, Countersigned: rix'AS Authorized Stewart Title of California, Inc. E-34255132 Inflation 5537-8 E' 7RSEMENT ATTACHED TO AND MAD 'PART (,. .AORTGAGEE'S POLICY OF TITLE INS,.,ANCE SERIAL NUMBER 1597- 415071 ISSUED BY No. 3 4 2 5 513 2 Charge $ 0.00 STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY 1. This Endorsement shall be effective only if at date of policy there is located on the land a structure designed for and used as a residence of not more than four families. The Term "structure" Includes the principal dwelling structure on the land and all other improvements related to residential use, except lawns, shrubbery or trees and except perimeter fences and perimeter walls. 2. The Company Insures the Insured, as of date of policy shown in Schedule A, against loss or damage, not exceeding the amount of Insurance stated in Schedule A, and costs, attorneys' fees and expenses which Company may become obligated to pay hereunder, sustained or Incurred by said Insured by reason of: a. The existence at date of policy of any of the following matters: (1) Lack of right of access from the land to a public street (2j Taxes or assessments that are not excepted from the coverage of this policy in Part I or Part II of Schedule B. (3) Unrecorded statutory Ilena for labor or material arising from a work of Improvement on the land completed at date of policy, except liens arising from a work of Improvement for which the Insured has agreed to pay or for which the Insured at date of policy knows payment has not been made. b. The enforced removal of said structure or the interference with the use thereof for ordinary residential purposes based upon the existence of: (1) The encroachment of said structure onto adjoining lands or onto any easement referred to In Part II of Schedule B onto any unrecorded subsurface easement (2) The violation of any enforceable covenants, conditions and restrictions (3) The violation of any zoning ordinance, but this Endorsement does not insure compliance with building codes, housing codes or other exercise of governmental police power c. Damage to said structure resulting from the exercise of any right to use the surface of the land for the extraction or development of minerals. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements, thereto. Except to the extent expressly stated, It neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it Increase the face amount thereof. Signed under seal for the Company, but this Endorsement is to be valid only when it bears an authorized countersignature. BART TITLE ARANTY COMPANY Wg ~~oRVO~,r~t~ President -*- o. N's 1908 ro *~rf%AS Stewart Title of California, Inc. 153-HOMEOWNER W O ~ lD ~„Qi o~~o_. !n„s- WEST PARR ~ ~-PAVE. -•••~ A e ~ ~ ~ .,, .., _ c ^e: 0a 88.70 145.06 92.9 I I 0 •n ~ N 3 v `~ IO ti ,w~~s ~`~ y W _ NI ~ IN ~ Y NN7fn (/~ .Q 4V W Iw ~ N) ~ C O W al tl ~~ w ~_ vo ~ ~ 1 n Z ~s~ 3• v \ ^ IO ~N w ° ~ 3 n Iti 2 ~ ~ W~ ~ 176~c A ~ ~/ w t ~~ o ~~ V `e° ~ ~ Ind _ ~~ ` I~ C 0 ~ n / ~ (v A e \`\\ ,` C ~9p3T ~-~~~~ to i ~~ ~ ~ a ~`` • ~ ~\`~ : ~ p ~ Iw $ , g I N ~N ~ s I0 '~ v, o ~ ,/f `\~~~ o o~'`g ~3G ~~ a v o r~~iii cV ~ ~ -~ o .t s ~, s ~ ~ ,~ \~~\ ~~ ~~ \~2 ~9 M 711.11 W N a0l /M a7 V _. _ ....~ ~ r ~ r ~ u o' 251A§__ ~ n ~ \\~3~l~ o ` 2~ja~Ie3~ Nr______ ____ ~ W !~ ~'~ .ri' n ~c \ ~ ~, o~ a .. des! ~, 269.59 ... 6!. ~ ~ A ~ o 0~0 /~ v 1'v ~ I q v o ;, ~ S (r °o v m v u Iq y Ib g~ •s y Iw $ o D~~ ~ .? ` ~ t C m ! ~ ~ ~~rr Ib O not 'm Ri _ ~ _ ~ • ~Z • l /~ N ` 1~ 1111.1 Z M ~ ,~ ~ ~ A ~ y O ~ ef.a; "joe '' C ~ d' ` ` 't W et''t Io o ~ IH W _ '" ~ ° ~ --- ---4 a r 1b v ~ Ic7. L i~ v y m d a ~ ~ I\ °~ tOt l~.90 7L.e2 a Ib g .~. ` c Ia I~ p o 0 D °~ I- - - - - - A Z u " ILS ~~ t~ b IN m ,v u 100 C7 1 ~ ~ 2 , 0 8 Chq ~ o es a u ro c I~ o I~ $ w o. Iw ~, v IH MAN w ` I \~ 1zt 9zc to I I I s ` ; aao ~a7o ~ soo b DRIVE aao O O y I I ~o f ~ I ~ >I9~'?^~ Z 1 a ~ o ° ~ _ ^ O A O ~ zt~. ~1e ;~~ N ~ g O ; -1 O ~ -{ Cl~~x ~ N ~ ~~ ~I D s ~ „ ~ ~~ . n m g ,. ..~ `A _ rj>a I _ D V n w F't ~N...r' m ~ v F!/ • '^ N s ~ ~ I''N~u ~' N~ ~i r_ _~F$~ ,- r,~ `t' ...~~ ~~•"< _~ i'% ~<~ , .. - ~~'$ ~~ .E ~ ~O ~ ~ftaQ,RRT~~O~~~riovrv~~ ~~:~ • 7Cirr i': - ' ;' i i - o ~~ ~~ ~ ~~ '~ ~S~~c~a X .'!~• ~.~ _ ~~ ~, as k~ tQ'~ ~a r + _ ~ •~ 3,~ ~ 8 ~ - Y =lo-- F t~,e~° ~' gt i7~~' ~rrp j ~3t~`4. r~~'e Yr e~'r i ! s ~ , ¢ .. !. o- i'~~~+~R ~ sA ~E~~a Qr ~`qy 7 ~ wrll Is4~U1 AIM-a--~l-1-MK MYMC M Irt /Y 7 ~ _ ~ _ ._ __1 - MIMlI'E. MSS a fl ~ rn. :.w ,~ o:~ wnm ~. V. £ ~ N -~ ~ : t ~ L• U ~! R t ~ ~ O ~ 7} ~ II p I M.:1 ~t S ,~ ,'1 A a : . n A .i A e "~"'_. p. :4; D;rlntr4 ~6-_,, i i ;•u ,. v !J ;r_ ~' TR =:fa,~, `: , .1 i ~y~'+t xi $ ~~~~~ ~1~~'~ ~~. j ,. ~~~~. W ~ P M :~~~ ~~ gip, M1. N • , ~;~~e •' O~~ 1~ 1 ~ 3 ~ ~, ro Ri~F ... ~ y-_ ~ a b ~a r~ :t ~~ ~ •~ ~ r • ~ • „_ ~• ~ U J ~ ~ ~ D Z W ~, ~ ~ ~ ` A <°' w /~ T r_ ~ .~ i o o s ~ ;•= ~ ~~ ~ ~y`t;4 ~ ~ U ~ a ~ M 1 11 l I 1.' ,t ., •• ~ lyy w yy^/ ~ ~ A ~ ~T ~' N7 ` ,,, ~1 n u s ro ' ~ ~ ~' O ~ r _ G .~ ~r ` G ^^1~ t i -- (1 7 ~ 4V ~ A s * ., ~ v N4 ~~qR4~~\/~r.~ _ `^ , p .~ p U ~ 'jam n cos G ~-.~-; :: ,.,,`, ~ ~~ s ,~ ~ ~ ~ Y ,~~F'qT ~r a e pL c • ~''4s"'~ C 4 0 s l 1 *4 ~ ~~~`~j~~~q~ °: CiRaa~- ~j a t i ~ ~ {. . . ~~ ~xt~~r ~~ ia`~ ~ ~. ~ ~ ~ s ~~~ ~ ~ ~a ~~ ~ ~ s 1 Y ~ \1 ~ t ~'~ ~. . I''~ \~~ t'1 ~- :R ..., 4~:~ r CONDITIONS AND STIPULATIONS Continued (continued From reverse side of Policy Face) defect, lien or encumbrance or other matter insured against by this poliq. The Company shall have the right to select counsel of its choice (subject to the right of such insured to ob'lect for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The company will not pay any fees, costs or expenses incurred by an insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured, or to prevent or reduce loss or damage to an insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. 1f the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permdted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent juris- diction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires ih~ Company to prose- cute or provide for the defense of any action or proceeding, an insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for this purpose. Whenever requested by the Company, an insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting set- tlement, and (ii) in anY other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured. If the Company is prejudiced by the failure of an insured to furnish the required cooperation, the Company s obligations to such insured under the policy shall terminate, including any liabil- ity or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF 1055 OR DAMAGE. In addition to and after the notices required under Section 3 of these Con- ditions and Stipulations hove been Provided the Company, a proof of loss or damage signed and sworn to by each insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of an insured claimant to provide the required proof of loss or damage, the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage: In addition, an insured claimant may reasonably be required to submit an examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably per- tain to the loss or damage. Further, if requested by any authorized representa- tive of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the cus- tody or control of o third party, which reasonably pertain to the loss or damage. All information designated as confidential by an insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable ludgment of the Company, it is necessary in the administration of the claim. Failure of an insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph, unless prohibited by law or governmental regulation, shall termi• Hate any liability of the Company under this policy as to that insured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance or to Pur- chase the Indebtedness. (i) to pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay; or (ii) in case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, to purchase the indebted- ness secured by the irisured mortgage for the amount owing thereon together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of purchase and which the Company is obligated to pay. If the Company offers to purchase the indebtedness as herein Provided, the owner of the indebtedness shall transfer, assign, and convey the indebted- ness and the insured mortgage, together with any collateral security, to the Company upon payment therefor. Upon the exercise by the Company of the option provided for in para- graph a(i), all liability and obligations io the insured under this policy, other than to make the pa ment regvued in that paragraph, shall terminate, includ- ing any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. Upon the exercise by the Company of the option provided for in paragraph a(ii) the Company's obligation to on insured Lender under this policy for the claimed loss or damage, other than the payment required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with ocher parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneyys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs b(i) or b(it), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION AND EXTENT OF l1ABIlITY. This policy is a contract of indemnity against actual monetary loss or dam- age sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy to an insured lender shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A, or, if applicable, the amount of insurance as defined in Section 2 (c) of these Conditions and Stipulations; (ii) the amount of the unpaid .principal indebtedness secured by the insured mortgage as limited or provided under Section 8 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipula- tions, at the time the lass or damage insured against by this policy occurs, together with interest thereon; or (iii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the insured lender has acquired the estate or interest in the manner described in Section 2(a) of these Conditions and Stipulations or has conveyed the title, then the liability of the Company shall continue as set forth in Section 7(a) of these Conditions and Stipulations. (c) The liability of the Company under this policy to an insured owner of the estate or interest in the land described in Schedule A shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (n) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. ^ (d) The Company will pay only those costs, attorneys' fees and expensei incurred in accordance with Section 4 of these Conditions and Stipulations. 8. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmorketability of title, or otherwise establishes the lien of the insured mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. ~nditions and stipulations continued and concluded (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse io the title, or, if applicable, to the lien of the insured mortgage, as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written Consent of the Company. (d) The Company shall not be liable to an insured lender for: (i) any indebtedness created subsequent to Dote of Policy except for advances made to protect the lien of the insured mortgage and secured thereby and reasonable amounts expended to prevent deterioration of improvements; or (ii) construction loon advances made subsequent to Date of Policy, except construction loan advances made subsequent to Date of Policy for the purpose of financing in whole or in part the construction of an improvement to the land which at Date of Policy were secured by the insured mortgage and which the insured was and continued to be obligated to advance at and after Date of Policy. 9. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF IIABIIITY. (o) All payments under this policy, except payments made for costs, attor- neys' fees and expenses, shall reduce the amount of insurance pro tanto. How- ever, as to an insured lender, any payments made prior to the acquisition of title to the estate or interest as provided in Section 2(a) of these Conditions and Stipulations shall not reduce pro tanto the amount of insurance afforded under this policy as to any such insured, except to the extent that the payments reduce the amount of the indebtedness secured by the insured mortgage. (b) Payment in part by any person of the principal of the indebtedness, or any other obligation secured by the insured mortgage, or any voluntary partial satisfaction or release of the insured mortgage, to the extent of the payment, satisfaction or release, shall reduce the amount of insurance pro tanto. The amount of insurance may thereafter be increased by accruing interest and advances made to protect the lien of the insured mortgage and secured there- by, with interest thereon, provided in no event shall the amount of insurance be greater than the Amount of Insurance stated in Schedule A. (c) Payment in full by any person or the voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured lender except as provided in Section 2(a) of these Conditions and Stipulations. 10. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insur- ing amortgage to which exception is token in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. The provisions of this Section shall not apply to an insured lender, unless such insured acquires title to said estate or interest in satisfaction of the indebtedness secured by an insured mortgage. 11. PAYMENT OF LOSS. (a) No payment shall be mode without producing this policy for endorse- ment of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 12. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation Whenever the Company shall hove settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, com- promise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these right's or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated (i) as to an insured owner, to all rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss; and (ii) as to an insured lender, io all rights and remedies of the insured claimant after the insured claimant shall have re- covered its principal, interest, and costs of collection. • If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if an ,lost to the Company by reason of the impair- ment by the insured claimant of the Company's nght of subrogation. (b) The Insured's Rights and limitations. Notwithstanding the foregoing, the owner of the indebtedness secured by an insured mortgage, provided the priority of the lien of the insured mortgage or its enforceability is not affected, may release or substitute the personal lia- bility of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness. When the permitted acts of the insured claimant occur and the insured has knowledge of any claim of title or interest adverse to the title to the estate or interest or the priority or enforceability of the lien of an insured mortgage, as insured, the Company shall be required to pay only that part of any losses insured against by this Policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (c) The Company's Rights Against Non-insured Obligors. The Com~any s right of subrogation against non-insured obligors shall exist and shall inc ude, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. The Company s right of subrogation shall not be avoided by acquisition of an insured mortgage by an obligor (except an obligor described in Section 1(a)(ii) of these Conditions and Stipulations) who acquires the insured mortgage as a result of an indemnity, guarantee, other policy of insurance, or bond and the obligor will not be an insured under this policy, notwithstanding Section 1(a)(i) of these Conditions and Stipulations. 13. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured aris- ing out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is 51,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of 51,000,000 shall be arbi• trated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A coppy of the Rules may be obtained from the Company upon request. 14. LIABIIITY LIMItED TO THIS POLICY; POLICY ENTIRE CONTRACT. ~a) This policy together with all endorsements, if any, attached hereto by the ompany is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretory, an Assistant Secretary, or validating officer or authorized signatory of the Company. 15. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 16. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Comppany at P.O. Box 2029, Houston, Texas 77252-2029, and identify this policy by its printed policy serial number which appears on the bottom of the front of the first page of this policy. EXCLUSIONS FROM COVERAGE The following matters are expressly exclud~~f from the coverage of this policy and the Company will not pay loss or darnaye, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmen, egulation (including but not limited to building or zoning vs, ordinances, or regulations) restricting, regulat- ing, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (cl resulting in no loss or damage io the insured claimant; ()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 value paid for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comp)Y with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distin- guished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary succes- sors. The term "insured" a-so inc-udes (i) the owner of the indebtedness secured by the insured mortgage and each successor in ownership of the indebtedness except a successor who is an obligor under the provisions of Section 12(c) of these Conditions and Stipula- tions (reserving, however, all rights and defenses as to any successor that the Coin any would have had against any predecessor insured, unless the successor acq tired the indebtedness as a purchaser for value without knowledge of the asserted defect, lien, encumbrance, adverse claim or other matter insured against by this policy as affecting title to the estate or interest in the land); (ii) any governmental agency or governmental instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage, or any part thereof, whether named as an insured herein or not; (iii) the parties designated in Section 2(a) of these Conditions and Stipulations. (b) "insured claimant": an insured claiming loss or damage. (c) "insured lender": the owner of an insured mortgage. () "insured mortgage": a mortgage shown in Schedule B, the owner of which is named as an insured in Schedule A. (e) ~ knowledge or "known :actual knowledge, not constructive know)- edge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (f) 'land": the land described or referred to in Schedule A, and improve• ments affixed thereto which by law constitute real property. The term 'land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any nght, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (g) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (h public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (i) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A or the insured mortgage to be released from the obligation to Purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE. - (a) After Acquisition of Title by Insured lender. If this policy insures the owner of the indebtedness secured by the insured mortgage, the coverage 'of this policy shall continue in force as of Date of Policy in favor of (i) such insured lender who acquires all or any part of the estate or interest in the land by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other legal manner which discharges the lien of the insured mortgage; (ii) a transferee of the estate or interest so acquired from an insured corporation, provided the transferee is the parent or wholly-owned subsidiary of the insured corporation. and their corporate successors by operation of law and not by purchase, subject to ony rights or defenses the Company may have against any predecessor insureds; and (iii) any governmental agency or governmental instrumentality which acquires all or ony port of the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage. (b) After Conveyance of Title by an Insured. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds on indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from an insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to an insured. (c) Amount of Insurance. The amount of insurance after the acquisition or after the conveyance by an insured lender shall in neither event exceed the least of: (i) The amount of insurance stated in Schedule A; (ii) The amount of the principal of the indebtedness secured by the insured mortgage as of Date of Policy, interest thereon, expenses of foreclosure, amounts advanced pursuant to the insured mortgage to assure compliance with laws or to protect the lien of the insured mortgage prior to the time of acquisi- tion of the estate or interest in the land and secured thereby and reasonable amounts expended to prevent deterioration of improvements, but reduced by the amount of all payments made; or (iii) The amount paid by any governmental agency or governmental instrumentality, if the agency or the instrumentality is the insured claimant, in the acquisition of the estate or interest in satisfaction of its insurance contract or guaranty. 3. NOTICE OF CIAIM TO BE GIVEN BY INSURED CLAIMANT. An insured shall notify the Company prompt)y in writing (i) in case of any litigation as set forth in 4~a) below, (ii) in case knowledge shall come to an insured hereunder of any c aim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to that insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by an insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay; shall provide for the defense of such insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a