The URL can be used to link to this page

96 Dot Ave. (Tr8225) ------- -- ------- CITY OF CAM I) BELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866.2100 FAX # (408) 379-2572 Department: Public Works TRANSMITTAL FROM THE OFFICE OF THE CITY ENGINEER To: AmerlG.4 n -cl.J c. c{? Date: Dee I ,:z 1'7 r¡O¡ , Reference: ..::p~n :i3~I'jý ..:TrClGt C(2:2. S" - Tht ÅVl., Flna.!~p Attention: SUBJECT: We are forwarding via: mail messenger separate cover enclosed'-P- attached- other- - The following: Orl:J\na~r Remarks: -2.L~ r~ AA-<J . ~ ~~- IT1 ~ ~ ~ A~-"f- ~~ . . Donald C. Wimberly Director of Public Works MEMORANDUM To: From: Subject: CITY OF CAMPBELL August 17, 1989 Date: Jim Penoyer Engineering Technician Tr. 8225 - 96 Dot Ave. Nadcon Development ---------------------------------------------------------- This map is submitted'for your signature. It was checked by reference to the following: APN 305-30-003 ROS 370 M 6 ROS 16 I'I 51 TR 7518 TR 6666 Title Report dated August 23, 1988 Engineer's Calculation Sheets The original map will be on the vacant desk outside Bill's office. B"~ -- ~o -- "'rt'> Q. ~IO 00 ~rt'> I œ I 0 0 ,@ ! , . I $'0'" f!flS/OL£~_- --- h - '!'::f:;~::: ~{:t!f s,;.-i i,I'~i, ,~, N '" :, n~ § 0"" 5Z! ',:;" ~,¡¡\ ~I ~'~ :q;ltÇi.f ~ ~ ;{~'_-L'" ~ ~ I ..:: ' -t- '" '~ '3N:J It' 1,0£ 'oans Q!;I'I1Ð3D3H 211;'N l1Yt1 U 6. I 55 55 55 I ,^9S '.O' 6no I I I i1: ~::.¡ ~I I I I ¡!;--Slï---t" I I : 101:;;: "" "'II I "'I I ~I I .... :::_' uj ~ ~ :::I:;j I~"" I .... I > I I I <t - I .. I ... I ... I :;; -",J~~ ~ININ:N!,:~I r 911 I ""., @ - --- NOll I VII " 09 Iii 101 95 11/ H III 5S 59 ~ ~ ~I ~ ~I ~ t\il ~ " ~I ss :II ,.'O<S ¡;¡ ! ;$. ", @ t\:/ O'rl :'! z '" a "- ::; '" u '3N:J NA1~'1~ @ 20 . . 0 .. 011 --'~1 'It> ~ ~I a ~ ~ @ r-:; ~ 0-; I I<¡ Vi (:) QC ~, "'.. roo, "," . ,. r- ~ U L9'L9' " '" .. -' u u ~ 0 o. ,..; '" 'f> "" '" u ~ ~I ~ '" z .. '" "'EnE "'LO~f ~ J> J> ... J> J> " '3^'1 AQ~'1H @ @ I ...J ...J @ æ ~2 ::!: ~1E « u '3^'1 -t NAl13M311 , I ~ I 1,0"0 ':,1\'(/ / ~~~'-- 9~€ ~ z ::> :> J u ~ <t 0 ::: ~ :; "I ~ ."'b"'!o------- - --.;9~ 5 0 !! 1<), '" ~ 101 ~ .-,- CD 0{) r-. o. z >- u ~ a: >- @ /' \....... ¡;. . ~ \, \ AMERICAN TITLE INSURANCE COMPANY 505 Race Street, San Jose, Californlð 95126 (408) 298-9800 PRELIMINARY TITLE REPORT -4430-8805076 DIRECT ALL CORRESPONDENCE TO: 89£1.0/1 950 E. Campbell Avenue Campbell, CA 95008 (408) 371-2300 PRE L I M I N A R Y R E P 0 R T , . K. Naderzad 1401 Pollard Road Campbell, CA 95008 PROPERTY ADDRESS: 96 DOT AVENUE CAMPBELL CA BUYER: KIYOUMARS NADERZAD ESCROW OFFICER: Judi Souza ATTENTION: K. Naderzad ESCROW NO.:300427 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 lssued, 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 lass which may be sustaIned by reason of any defect, lien or encumbrance not shawn 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 ?f facilitating the issuance of a policy of title insurance and assumed hereby. If it is desired that liability be assumed prior to a poLicy of title insurance, a BInder or Commitment should be report is subject to a minimum cancellation fee of $200.00, for the purpose no liability is the Issuance of requested. Thi s Dated as of August 23, 1988, at 7;30 a,m, " Title No.8805076/SUE 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, " 8 Page 2 PRELIMINARY TITLE REPORT. 4430-8805076 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: , . LUTHER A. BROWN AND PANSY F. BROWN. HIS WIFE, AS JOINT TENANTS DES C RIP T ION All that certain real property situated in the city of Campbell, County of Santa Clara, State of California, described as follows: PARCEL ONE: 'I BEGINNING at a point on the Northeasterly line of that certain 19.84 acre parcel of land conveyed by Antonio Ciraulo to Guiseppa Ciraulo by Deed dated January~, 1935 and recorded January 24, 1935 in Book 719 of Official Records, page 199, Santa Clara County Records, distant thereon N. 12° IS' W. 175.36 feet; N, 32° 45' E. 12.21 feet and N. 12° 15' W. 65.67 feet from the intersection thereof with the Northw~sterly line of Rincon Avenue, said point also being the intersection of said Northeasterly line with the Southeasterly line of that certain parcel of land conveyed by Charles E. French, et ux, to Ed M. Bush, et ux, by Deed dated September 10, 1947 and recorded September 10, 1947 in Book 1447 of Official Records, page 188, Santa Clara County Records; running thence along said Northeasterly line of the 19.84 acre parcel of land, N. 12° 15' W. 93.18 feet; thence leaving sàid Northeasterly line and running Southwesterly 156.26 feet, more or less, to a paint an the Northeasterly line of a 60.0 foot right of way that bears N. ~2° IS' W. 87.0 feet from the intersection thereof with the said Southeasterly line of the parcel of land conveyed to Bush; running thenée along said Northeasterly line of the 60.0 foot right of way, S. 12° IS' E. 87,0 feet to the intersection thereof with the said Southeasterly line of the parcel of land conveyed to Bush; thence leaving said line of the 60.0 foot right of way and running along said Southeasterly line of the land conveyed to Bush, N. 80° E. 156,48 feet to the POINT OF BEGINNING, and being a portion of Section 34, Township 7 'South, Range 1 West, M.D.B. & H. PARCEL TWO: A NON-EXCLUSIVE EASEMENT 60,00 feet ,in width for the purpose of ingress and egress and for the installation and maintenance of public utilities aver the following described parcel of land: '-.. , . . . " (¡ \ Page 3. Preliminary Title Report - 4430-8805076 BEGINNING at an iron pipe on the Northwesterly line of Rincon Avenue distant thereon South 80° West 147.75 feet from the Easternmost corner of that certain 19.84 acre tract of land described in the Deed from Antonio Ciraulo to Guiseppa Ciraulo, wife of Antonio Ciraulo, dated January 9, 1935 and recorded January 24, 1935 in Book 719 of Official Records, page 199, Santa Clara County Records; running thence South 80° West along the said Northwesterly line of Rincon Avenue, 60.05 feet to an iron pipe; thence leaving said last named line and running North 12° 15' West 795.92 feet to an iran pipe on the Southerly line of Campbell Avenue, as said line was established by the Deed from Sarah B. Dunphy, et aI, to the County of Santa Clara, dated January f9, 1925 and recorded April 24, 1925 in Book 719 of Official Records, page 199, Santa Clara County Records; running thance along the said Southerly line of Campbell Avenue, North 89° 29' East 12.78 feet and South 89° 51' East 48.62 feet to an iron pipe; thence leaving said last named line and running South 12° 15' East 785.23 feet to the POINT OF BEGINNING. . . " c, \. Page 4 PRELIMINARY TITLE REPORT - 4430-8805075 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 Spec1al County Taxes for fiscal year 1988-89, a lien not yet due or payable. 2, L1en of Supplemental Taxes, assessed pursuant to the provis1ons of Chapter 3.5, Sections 75 et seq" Revenue and Taxation Code, 1f any. 3, Homestead Declarat1on recorded January 7, 1966 Instrument No. 2989745, 1n Book 7240, Off1c1al Records, page 687. by Luther A. Brown and Pansy F. Brown. 4, A statement of informat1on 1S required from Luther Brown to determine 1f the follow1ng general liens, which do not descr1be real property, attach to the herein descr1bed property or not, Name of Party A)L Brown B)L Brown Record1ng Date September 7, 1983 July Il, 1986 Instrument No. 7808136 8355762 5. A statement of information is req~ired from Pansy Brown to determine 1f the follow1ng general liens, which do not descr1be real property, attach to the herein described property or not. Name of Party A)P Brown Record1ng Date Novembe r 24, 1986 Instrument No. 9044160 . . " \, \ .. Page 5 NOTE: Prellmlnary Tltle Report 4430-8805076 NOTE: NOTE: NOTE: No conveyances of the herein described property was recorded durlng the 2 year perlod preceedlng the date of thlS report, The County of Santa Clara Imposes an additional Preservation Fee of $10,00 for recording a deed descrlptlon other than an entIre lot shown on a map, Monument with a legal recorded final The following tax Information IS provided for proration purposes only: Taxes for fiscal year 1987-88, have been PAID, Blll No. 305-30-003 Code: 10-043 1st Installment: S 270,78 2nd Installment: $ 270.78 Exemptlon: $7,000.00 as follows: Our underwrltlng pollcles and procedures require that a physical Inspectlon be made of properties when we are requested to Issue ALTA Insurance wlth liability of $250,000.00 or more, Inspectlons may also be requlred for lower llabilities dependIng on the character of the property to be insured or the nature of the transactlon, for commercial properties and/or liabilltles in excess of $1,000,000,00 a survey may also be required. SUE:Jsm ARB: 405-40 010 APN: 305'30-003 [ 36°5 JI . 3;/] 1 ; ---"". --"'V-- I j ¡ I j z ~ -1lLi >- w~ OLJ ~C{ f24\ a:~ W a ctCt -1 x -11 I ----r~---w,- -CAMPBELL-'----!--- ,) . \,ò \ .,~. uI ,. ~ - \ .2 z . ~w ~3 or ¡¡ è1 ! I ~ i E.---~-t- ----1-_--+-Av .~ '- ' 19" " I IS .". , . ~OO ~L911l ~ i/: ~ . I IS I : II II I , I .l_~- ~ ,- - '"I. . N i "g . ~ -- 0 :tr------- .....~ ~I" ~ :: ~I§ -------- ~ , t -œ~ , :; ," 'IOO.t ; ,..,. H. , ..-:õ . ~ .! 1. @ H ~ - ,: :u 1.l '°::1 I >00 ~ .. It -- '!"~3 1.41 At. . @ ! J ~I .!Q ~, " -------- Z1 1§ ~I: -]- ¡:----~ ~ \(!J . il~ I~ ::f :I~ lit' @ 1? II @ 12 ~I! 110 Z9 ::/~ I z 'UO1l ~ 11 -.:oJ '11 - ~ :i 7 0: -l!I! ~ lJ~Z ~, .' .. - en ~ ~ ,/ 2S. , .. 0, I, - 'I(;' --AVE.---'-!- y IS8 ~, 70 T- NOs. ~70/$.. (~ ~ """""D ' '" "'" --.... 0"""', øoCDOC .ncn4 DAn: ..,.eII'- . . I.~-~' @ @ This is neith.er a plat nor a survey. It)5'- fu;nished as a convenience to locate the land! i:'ldicaled hereon with reference to street and Ol:-:sr ¡2nd, r,]o liability is assumed by reason . - -.-,--:.. ~:..- '--.,----.r"---...",..... 1 I 1 I ,I . I '-', ~., ~ 06.136.1989 01:30:30.4: , 96 DOT HVE. TR 8225 I WHOLE PROPERT':' PI: 38 101= 4,537.3473 E= 5,,131.1506 Ii 77"44'e5"E D1ST=!56.27e9 PI: 37.Ø0ØØ S 12"15'øØ.E D1ST=93.1S0Ø PI: 36.0eøø S 79"59'5S"þj DIST=î56.3'H4 PI: 39.øeøø N 12"15'øø"I'¡ D1ST=37.eeøø PI: 33.øee0 ~CRES=Ø.3232 SQ FT=14,073.44sa PER1METER=492.8424 lOT 1 Pi: % Ii= 4,541.5966 E= 5..150.6941 Ii 77"44'e5"E DIST=40.5ØØø PI: E.3.eeøø S 12"15'0Ø"E . ÐIST=33.ø1Ð8 ,PI: 60.øØØØ s 77"4~'eø"I'¡ DIST=40.5øaø PT: 59.øeaø Ii 12",15'øØ"pj DIST=3.3, Batie PI: 53.eøøø ACREs=ù.e307 SQ FT=1,336.7187 PERIMETER=147.0103 ¡ '-IT .:: "" , lnT 1 PI: 63 ~j= 4,5513.20134 E= 5..190.2697 PT: E,3 N= 4,461.9742 E= 5,204.30913 ~j 77"44'05"E D1ST=40.5ØØØ PI: 62.eøøø Ii 12"15'ee"W DIST=34.S909 PI: 65.øaae S 12"15'1313"£ DIST=3.3. a216 PI: 61. eeøo Ii 77"45'e0"E ÐIST=40.S00Ø PT: 66.øØOO S n"45'eÐ"¡'¡ s ¡;:'"l~'tlØ"E D1$T=413.5ø99 PI: 6f1.00ØO ÐI$T=36.1817 PI: 67.ØøØØ Ii 12"[5'eø"W ÐI~;T=33.01Ø8 PI: 63.0eøø ACRES=13.B3137 SQ FT=!..337.1561 PERIMETER=147.8324 S 79"59'58"W Ii1ST=40,5312 PI: 68.0ØØØ ACRES=0.0329 Sg FI=1,433.1445 PERIMETER=151.8038 lilT 3 . lilT ::; PI: 57 H= 4,454,9356 E= 5,164.39.36 'PT: 71 Ii= 4,563.3228 E= 5,2513.6307 Ii 12"15'00"W ÐIST=33.B0ØØ PI: 64.13000 H {7"44'05"£ II1ST=34.00a8 PI: 3?øøØØ H {7"45'ø0"E Ð1ST=40.5000 PI: 65.131300 S 12"15'0@"t [!iST=46.3300 PT: 6'?O000 S 12"15'138"[ s 77'45'ØØ"(~ IiJST=34.5909 PI: 68.813130 ÐIST=34,ø00ø PT' 713.0000 S 79.5'j'58"~j H 12"15'Ø0"~1 D1ST=46.3209 PI: 71. eeøø ACRE:~=Ø. 13362 SQ FT=L575.0659 PERIMETER=160.6509 DIST=4Ø.5312 PI: 57.01300 Ac:RES=Ø.0314 SQ FT=L 368. 7149 PERIMETER=14B.6221 LOT I; PI: 72 Ii= 4..473.5784 E= 5..2713.1161 N 12.!5'Ø0"~j DIST=45.5145 PI: 713.ØØØ8 ~j 7("45' øe"£ Ð!ST=34.1300Ø PI: 69.8000 S 12"15'130"E ÐIST=46.B500 PI: 36.00Ø0 S 79"59'58"1'¡ ÐIST=34.ß262 PI: 72.1313013 ACRES=9.133613 SQ FT=L570.1960 PER1METER=160.390? ~ ¡ 8- CITY OF CAMPBELL - COUNCIL REPORT Category: July 5, 1989 CONSENT CALENDAR Item # Meeting Date: Initiating Dept: Public Works Title: Resolution - approving the final map of Tract No. 8225 and accepting the dedications offered thereon. RECOMMENDATION: That the City Council adopt a resolution to approve the final map for Tract No. 8225 and accept the dedications offered thereon. DISCUSSION: On April 4,1989 the City Council adopted an ordinance approving a tentative map for a 6 lot townhouse subdivision at 90 Dot Avenue. The developer has complied with all the conditions of the tentative map and the final map is therefore recommended for approval by the City Council at this time. COSTS: -0- , . Approved by Department Head Approved by City Manager . . . UJ . i RESOLUTION NO. BEING A RESOLUTION APPROVING FINAL MAP OF TRACT NO. 8225, AND ACCEPTING THE EASEMENTS OFFERED THERON BE IT RESOLVED, by the City Council of the City of Campbell, California as follows: 1. The final map of Tract No. 8225 is hereby approved and the dedications offered thereon are hereby accepted for the purposes for which the same are offered for dedication. PASSED AND ADOPTED this by the following vote: day of , 19_, AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: APPROVED: Mayor ATTEST: City Clerk CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 FAX # (408) 379-2572 Department: Public Works TRANSMITTAL FROM THE OFFICE OF THE CITY ENGINEER To: Date: JUh~ Ii- l~'" Arn<r,c.4~ ~h.s, to ' 50,5" K.Q~~ sf. '1 yO D S~'.'\ JO,H'I C A 9'512 t- '2-18"'- rpo I", '\3a.( rý ~ ~v vpt Ay", Ir. k'2..z..s- Attention: Reference: SUBJECT: We are forWarding via: mail---- messenger---- separate cover---- enclosed ~âttached other ---- -------- The following: A: s S 1: s.s m~1'1 t 7,?'C>I'1¿' s .¡. '" t ~ /'1'1 ~ 11.. r Remarks: 1~~ ~l~ CITY OF CAMPBELL PUBLIC WORKS REVIEW LOCAL IMPROVEMENT BOND OBL I GAT! ON DATE & - / ~ - lJ P' TR/PCL HAP NO. ~ APN 50S -""3,0 - CD 0.3 IMP 01 ST NO. e- Public Works review fQr Local Improvement Bond Obligations on Subject lands has found: ~ . ~ bond ~llgatl~s .~ or will be~ due within the next fiscal ~'r, 0 Bond Obligations are or will bec~me due within the next fiscal year. . 0 On submitted to the County an assessment schedule was 0 0 An assessment schedule Is enclosed Applicant shall prepare an assessment (or amended) diagram. Submit same for Public Works approval and preparation of assessment schedule. SIGNA~~ f~ ~~'1 (~ f V~Á LÙ~ DEPARTMENT ,) 1 '/0 AJ. I -- çt. ADDRESS ~'~ l:Æ rS&?Or ~(? Þ -'2./".3 TELEPHONE HUMBER INDEX DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ARTICLE I: ARTICLE II: ARTICLE III. ARTICLE IV ARTICLE V: ARTICLE VI: ARTICLE VII: ARTICLE VIII: ARTICLE IX: ARTICLE X: ARTICLE XI: OF TRACT #8225 HOMEOWNERS ASSOCIATION PAGE DEFINITIONS 2 DESCRIPTION OF PROJECT, DIVISION OF PROPERTY, AND CREATION OF PROPERTY RIGHTS 3 HOMEOWNERS ASSOCIATION, MEMBERSHIP AND VOTING RIGHTS 5 DUTIES AND POWERS OF THE ASSOCIATION 7 ASSESSMENTS 15 EASEMENTS 22 USE RESTRICTIONS 23 ARCHITECTURAL CONTROL 26 MORTGAGEE RIGHTS AND PROTECTION 27 DAMAGE, DESTRUCTION OR CONDEMNATION OF COMMON AREA IMPROVEMENTS 31 GENERAL PROVISIONS 33 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TRACT #8225 HOMEOWNERS ASSOCIATION THIS DECLARATION is made on the date hereinafter set forth by CAMPBELL VI TOWNHOMES, A CALIFORNIA CORP. (hereinafter called "Declarant" or"Grantor"). WHEREAS, Grantor is the owner of all that certain real property located in the City of Campbell, County of Santa Clara, State of California, more particularly described as follows: All of that certain real property as shown in that certain Subdivision Map entitled "Tract .8225 ~ filed in Volume of Maps at page, Official Records of the County of Santa Clara, State of Califõrñia, on 198 (hereinafter referred to as "the Map). WHEREAS, it is Grantor's intention to impose upon the property mutually beneficial restrictions as a planned development (as defined in California Civil Code Section 1951 (k) under a common scheme for the improvement, maintenance and benefit of all of said lots and the owners thereof; and WHEREAS, Grantor hereby establishes by this Declaration a plan for the individual ownership of the real property estates, consisting of those certain parcels of land together with those single-family residential improvements thereon as well as the "common area" as hereafter defined. NOW THEREFORE, Grantor hereby declares that the property is held and shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved, subject to the following limitations, restrictions, covenants and conditions, all of which are declared and agreed to be in furtherance of a plan for the iluprovement of the property and are established and agreed upon for the purpose of enhancing and perfecting the value, desirability and attractiveness of the Project and every part thereof. All of the limitations, ,covenants, restrictions, and conditions shall run with the real property and shall be binding upon all parties having or acquiring any right, title, or interest therein or any part thereof, and shall be for the benefit of each owner of any portion of said Project or any interest therein, and shall inure to the benefit of and be binding upon each successor in interest. 1 ARTICLE II: MEMBERS Section 1 Member Defined: Every owner of a Lot shall be a member of the Association. Upon termination of ownership, an owner's membership shall automatically terminate and be transferred to the new owner of the Lot. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Section 2 Proof of Membership: No person or persons shall exercise the rights of membership until satisfactory proof has been furnished to the Secretary of the Association of qualification as a member pursuant to the terms of the Declaration and the Articles of Incorporation. Such proof may consist of a copy of a duly executed and acknowledged grant deed or title insurance policy showing said person qualified in accordance therewith or an executed contract of sale in the case of a contract vendee, which said deed, policy or contract shall be deemed conclusive in the absence of a conflicting claim based upon a later Jeed, policy or contract. Section 3 Membership Inseparable from Ownership: "Owners" (as defined in the Declaration), including the Declarant, shall be entitled to exercise the rights and privileges of membership in the Association. No person other than an Owner may be a member of the Association. Not more than one (l) membership may be issued to any member. Membership shall be appurtenant to and may not be separated from ownership of any Lots which are subject to assessment by the Association. Section 4 Responsibilities of Members: The members have the ultimate responsibility for the administration of the project. Except as day to day responsibility, as specified by the Declaration and these By-Laws, are. delegated to the Board of Directors, or committees, all members share equally in the responsibility for the appropriate operation of the project. Section 5 Voting Rights: The Association shall have two classes of voting membership, as set forth in the Declaration, Article III, Section 4. S e c t ion 6 V 0 tin g R e qui rem e n t s.: Any act ion t a ken by the Association (with the exception of enforcing a bond) which must have the approval of the members other than the Declarant shall expressly require the vote or written assent of fifty-one percent (51%) of each class of membership during the time that there are two outstanding classes of membership. When only a single class exists after conversion of Class B to Class A, any 2 action by the Association which is subject to the approval of members other than the Declarant ~hall require the vote or written assent of fifty-one percent (51%) of the total voting power of the Association as well as the vote or written assent of fifty-one percent (51%) of the total voting power of members other than the Declarant. Section 7 Majority of Owners: As used in these By-Laws, the term "majority of owners" shall mean those owners holding 51% of the votes in accordance with the provisions of Section 5 of this Article II. During that period of time that there are two outstanding classes of membership, "majority of owners" shall mean those owners holding 5l% of the votes of each class of membership, except in respect to action required for the enforcement of obligations of the Declarant. . ARTICLE III MEMBERSHIP MEETINGS Section 1 Annual Meetings: The first annual meeting of the members shall be held within forty-five days after the closing of sale to the public of fifty-one percent (51%) of the subdivision interests authorized for sale in the first public report from the California Department of Real Estate for the project, but in no event later than six months after closing the sale of the first subdivision interest. Subsequent annual meetings shall be held within two weeks of the same day of the week of the same month each year. At such meetings there shall be elected by ballot of the owners a Board of Directors in accordance with the requirements of Sections land 3 of Article IV of these By-Laws. The owners may also transact such other business of the Association as may properly COille before them. Section 2 Special Meetings: Special Meetings of the members may be called at any time by the president, a vote of the Board of Directors itself, or by written request signed by members representing five percent (5%) of the total voting power of the Association. Section 3 Notices: Written notice of each meeting of the members shall be given by, or at the direction of the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least ten (10) but not more than ninety (90) days before such meeting to each member entitled to vote, addressed to the member's address last appearing on the books of the Association, or supplied by such 3 Section 4. Restricted (Exclusive Use) Common Area(s): Notwithstanding any other provision in this Declaration, the internal and external telephone wiring designed to serve a separate Lot, but located outside the boundaries of the Lot, are restricted (exclusive use) areas allocated exclusively to that particular Lot. A Lot owner shall be entitled to reasonable access to the Common Area for the purpose of maintaining the internal and external telephone wiring made part of a restricted (exclusive use) common area pursuant to this section. Such access shall be subject to the consent of the Board of Directors of the Association, whose approval shall not be unreasonably withheld, and which may include the Board's approval of telephone wiring upon the exterior of the Common Area, and other conditions as the Board determines reasonable. Section 5. Party Walls: Each wall which is built as a part of the original construction of the Townhome Dwellings in the Project and placed on the dividing line between the Townhome Lots shall constitute a party wall, and to the extent not inconsistent with the provisions of tnis Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. The cost of reasonable repair and maintenance of a party wall shall be shared by the owners who make use of the wall in proportion to such 'use. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice; subject however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. Notwithstanding any other provision in this section, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. The right of any Owner to contribution from any other Owner under this section shall be appurtenant to the land and shall pass to such Owner's successors in title. In the event of any dispute arising concerning a party wall, or under the provisions of this section, such dispute shall be submitted in writing to the Board of Directors and the written decision of the Board shall be final and binding upon the parties. 4 ARTICLE III HOMEOWNERS ASSOCIATION, MEMBERSHIP AND VOTING RIGHTS Section 1. Organization: The Association is a Non-Profit Mutual Benefit Corporation charged with the duties and empowered with the rights set forth herein and in the By-Laws and Articles of Incorporation. Its affairs shall be governed by this Declaration, the Articles, the By-Laws and the Rules of the Association. In the event that the Association as a corporate entity is dissolved, a non-profit, unincorporated association shall forthwith and without further action or notice be formed to succeed to all the rights and duties of the Association. The affairs of such unincorporated association will be governed by the laws of the State of California and, to the extent consistent therewi th, by this Declaration, the Articles and the By-Laws of the Association as if they were created for the purpose of governing the affairs of an unincorporated association. Section 2. Membership: The owner of a Lot shall automatically, upon taking title to a Lot, be a member of the Association and shall remain a member thereof until such time as his ownership ceases for any reason, at which time his membership in the Association will automatically cease. Membership is to be held in accordance with the Articles and By-Laws of the Association. Section 3. Transferred Membership: Membership in the Association may not be transferred, pledged, or alienated in any way, except upon the sale or encumbrance of the Lot to which it is appurtenant, and then only to the purchaser, in the case of a sale, or mortgagee, in the case of an encumbrance of such a Lot. A mortgagee does not have membership rights until he becomes an owner by foreclosure or deed in lieu thereof. Any attempt to make a prohibited transfer is void. Section 4. Voting Classes: The Association shall have two (2) classes of voting membership: (1) Class A: Class A members shall be all. Owners with the exception of the Declarant, and Class A members shall be entitled to one vote for each Lot owned. When more than one person holds an ownership interest in any Lot all such persons shall be members; provided, however, that with respect to any matter requiring the vote or consent of members, no more than one vote shall be cast with respect to any Lot. The vote for such Lot shall be exercised as the members holding an interest in such lot among themselves determine. In the event of disagreement, the decision of members holding a majority of interest in such Lot shall govern. In the event two or more persons have equal interests in a Lot, the vote shall be determined by a coin flip. 5 (2) Class B: The Class B member(s) shall be the Declarant, and Declarant shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs first: 1. when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or 2. the second anniversary of the original issuance of the subdivision public report from the California Department of Real Estate. Any action by the Association (with the exception of enforcing a bond) which must have the approval of the members other than the Declarant before being undertaken shall require the vote or written assent of fifty-one percent (51%) of each class of membership during the time that there are two outstanding classes of membership. When only a single class exists after conversion of Class B to Class A, any action by the Association which is subject to the approval of members other than the Declarant shall require the vote or written assent of fifty-one percent (51%) of the total voting power of the Association as well as the vote or written assent of the total voting power of members other than the Declarant. Voting rights attributable to Lot ownership shall not be vested until assessments against the particular Lot have been levied by the association. Section 5. Voting Procedures and Meetings: Voting procedures and the notice, quorum requirements and location of meetings of the Association shall be as provided for in the By-Laws. Section 6. Board of Directors: The Board shall undertake all duties and responsibilities of the Association and the management and conduct of the affairs thereof, except as expressly is reserved herein to a vote of the Members. The initial Board of the Association consisting of three (3) Directors shall be appointed by Declarant. Such Board shall hold office until the first regular meeting of the members is held pursuant to the By- Laws. At said meeting a new Board of three (3) Directors shall be elected by secret written ballot to serve until the next regular annual meeting of the Association members or until their successors are elected. The number of Directors may be changed by amendment of the By-Laws. 6 ARTICLE IV DUTIES AND POWERS OF THE ASSOCIATION Section 1. Duties: In addition to the duties enumerated in its By-Laws or elsewhere provided for in this Declaration, and without limiting the generality thereof, the Association shall perform the following duties: Subsection 1.1 Duties of Association With Respect to Maintenance of Common Area and Individually Owned Lots: The Association shall replace, repair and maintain the Common Area including any improvements, utilities and facilities located thereon. In addition, the Association shall have the following duties and obligations with respect to each owner's Lot: (a) to repair and maintain the fences around the perimeter of each lot; (b) to repair, maintain and replace (when replacement is required because of aging and natural deterioration) roofs, gutters and downspouts of buildings; (c) to maintain and repair other exterior except the owner and not the Association shall maintaining and repairing glass surfaces. maintenance shall include such painting or reasonably appropriate; and building surfaces, be responsible for As used herein, repainting as is (d) to plant, maintain, repair and replace, as necessary, landscaping improvements including, but not limited to, grass, shrubs, plants, trees, sprinkler pipes and heads, retaining barriers and plant supports on that portion of each Lot outside the exterior border of the residence as formed by its exterior walls and attached fencing. To carry out its responsibility, the Association shall have a right and easement for access over and across, and for planting, repairing, replacing and maintaining of landscaping on that portion of each Lot as designated above, and each owner shall accept title to his Lot subject to the rights of the Association to carry out its obligations pursuant to this Subsection or any other duties and obligations contained in this declaration or the By-laws of the Association. The owner of a Lot shall not landscape or plant within that portion of each Lot as designated above without prior written approval of the Association. 7 Subsection 1.2 Repair and Maintenance of Common Area Damaged by Pests and Organisms: The Association shall be responsible for repairing, replacing, or maintaining the Common Area, other than exclusive use common areas, with respect to any damage caused by the presence of wood-destroying pests or organisms. Each 0 wner of a Lot sha II bear the cos ts of any damage to h is Lot or residence caused by the presence of wood-destroying pests or organisms. However, by a majority vote of all Lot owners, such responsibility may be delegated to the association which in turn may levy a special assessment to recover such costs. In the event such a vote is taken, and the Association assumes responsibility for such maintenance and repair, the following shall apply: (1) The Association may cause the temporary summary removal of any occupant of a Lot for such periods and at such times as may be necessary for prompt, effective treatment of wood-destroying pests or organisms; and (2) The costs of temporary relocation during the repair and maintenance of the arèas within the responsibility of the Association shall be borne by the individual Lot owner; and (3) The Association shall give notice of the need to temporarily vacate a Lot to the occupants and to the owner(s), not less than fifteen (15) days nor more than thirty (3Ø) days prior to the date of the temporary relocation. The notice shall state the reason for the temporary relocation, the date and time of the beginning of the treatment, the anticipated date and time of termination of treatment, and that the occupants will be responsible for their own accomodations during the temporary relocation; and (4) Notice by the Association shall be deemed complete upon either personal delivery of a copy of the notice to the occupants, and sending a copy of the notice to the owners, if different than the occupants, by first-class mail, postage prepaid at the most current address shown on the books of the Association or by sending a copy of the notice to the occupants at the Lot address and a copy of the notice to the owners, if different than the occupants, by first-class mail, postage prepaid, at the most current address shown on the books of the Association. For purposes of the above sections, "occupant" means an owner, resident, guest, invitee, tenant, lessee, sublessee, or other person in possession of the Lot residence. . Subsection 1.3 Insurance: The Association (or Declarant until the election of the first Board) shall purchase and maintain the following insurance policies: (a) A master blanket comprehensive liability bodily injury and property damage policy insuring the interests of the Board 8 ,~,'ï' and the Owners against public liability as a result of their ownership of the common area with a 'combined single limit of not less than One Million Dollars ($l,ØØØ,Øøø.øØ) per occurrence (such limits and coverage shall be reviewed at least annually by the Board and increased at its discretion). Such policy shall be maintained with respect to the common area and the structures, if any, owned in common by the Owners. Such policy shall provide for a cross liability endorsement wherein the rights of the named insured under the policy or policies shall not be prejudiced as respects his action against another named insured. Such policy or policies shall also contain a provision requiring the insurer to defend any suit against any insured, even if the allegations are fraudulent, but authorizing the insurer to make such investigation and settlement of any claim or suit within the policy limits as it deems expedient. Such liability insurance shall not cover the personal bodily injury and property damage exposure of the individual Owner within his lot or in any other lot in the development or upon any common area resulting from the negligence of the Owner. Obtaining such insurance coverage by each Owner is optional; (b) A policy of insurance covering residence buildings and all buildings, structures, furnishings, equipment and personal property owned in common by the Owners, if any, or by the Association for the interests of the Owners, and all the Owners and mortgagees, as their interests may appear in an amount that shall be at least equal to one hundred percent (lØØ%) of the full insurable replacement value of all of them against the perils covered by California Standard Fire Policy, Extended Coverage Endorsement (or its equivalent). Such policy shall name as insureds Declarant, the Association, all Owners and mortgagees to the extent of their insurable interests, if any; first mortgagees of residences shall be entitled to ten (lØ) days prior notice of cancellation of such policies. Such insurance shall not cover personal household contents; (c) Workers' Compensation Insurance shall at all times be carried as required by law with respect to the employees, if any, of the Association; (d) A fidelity bond or insurance covering loss or theft of funds, naming the Manager and such other persons as may be designated by Declarant as principals and the Owners as obligees in an amount equal to at least one-half (1/2) of the estimated cash requirement of the Association for the succeeding year; (e) No Owner shall separately insure his residence or any of the improvements to the common area against loss by fire or other casualty covered by the insurance maintained by the Board, pursuant to the above. Should any Owner violate this provision, any diminution of insurance proceeds resulting from the existence of such separately carried insurance shall be chargeable to the Owner and may be charged by the Board against his lot. Notwithstanding the foregoing, the Owner may carry separate insurance against loss by fire and other casualty to the contents 9 of his residence and any improvements to his residence installed by Owner or his predecessor in interest which were not included in the original construction plan of the building in which the residence is located (including improvements specifically ordered by Owner or his predecessor in interest in contracting for the purchase of a residence), and may carry separate insurance covering any loss not covered by such insurance maintained by the Board, such as rental value insurance and other casualties not insured against in the master policy or policies. All separate insurance carried by any Owner shall contain a waiver of subrogation rights as to claims against a person who is an insured under the policy or a member of Owner's household who is not himself insured. At the request of any Owner, the Board shall cause any insurance coverage which may be separátely carried by the Owner pursuant to the foregoing provisions to be added to the coverage provided under one or more of the master policies, provided that the addition of such coverage for the benefit of the Owner is permitted by underwriting rules of the insurer and such addition of coverage in no way prejudices the protection provided by such master policy or policies to the other person or enti ties insured thereby. The prem ium for such added coverage shall be paid by the Owner requesting the same and may be assessed to such Owner if not promptly paid upon the Board's wr it ten demand; (f) Should the Board, despite its reasonable efforts to do so, be unable to obtain insurance coverage meeting all of the specifications set forth above, it shall observe such specifications as closely as possible, and where forms of coverage or insuring agreement specified above are unavailable, the Board shall substitute available forms of coverage and insuring agreements which in its judgment are the nearest equivalent to those specified; (g) Proceeds of all insurance policies owned by the Association shall be received by the Association, held in a separate account and distributed to the Association and the Owners and their mortgagees subject to the provisions of these Restrictions, as their interest may appear; provided, however, whenever repair or reconstruction is required the proceeds of any insurance received by the Association as a result of any loss shall be applied to such repair or reconstruction. Upon the vote or written assent of a majority of the voting power of the Association residing in members other than Declarant, the Board shall levy a special assessment against all Owners to make up for any deficiency in making necessary repairs or reconstruction; (h) Each Owner shall be deemed to appoint the Association as his true and lawful attorney-in-fact to act in connection with all matters concerning the maintenance of the Master Policy. Without limitation on the generality of the foregoing, the Association as said attorney shall have full power and authority to purchase and maintain such insurance, to collect and remit the premiums therefor, to collect proceeds and to distribute the same to the Association, the Owners and their respective mortgagees 10 (subject to the provisions of these Restrictions) as their interests may appear, to execute releases of liability and to execute documents and to do all things on behalf of the Owners as shall be necessary or convenient to the accomplishment of the foregoing; and any insurer may deal exclusively with the Association in regard to such matters. The Association shall not be responsible for procurement or maintenance of any insurance covering the contents or the interior of any residence nor the liability of any Owner for occurrences therein not caused by or connected wi th the Association's opera tion, maintenance, or use of the common area. Subsection 1.4 Discharge of Liens. The Association shall discharge by payment, if necessary, any lien against the common area, and charge the cost thereof to the member or members responsible for the existence of said lien. Prior to any Board decision to discharge a lien, the Owner shall be given written notice and an opportunity for a hearing before the Board in order to present any defenses which may exist. Subsection 1.5 Assessments The Association shall fix, collect and enforce assessments as set forth in Article V hereof. Subsection 1.6 Payment of Expenses: The Association shall pay all expenses and obligations incurred by the Association in the conduct of its business including, without limitation, all licenses, taxes or governmental charges levied or imposed against the property of the Association. Subsection 1.7 Enforcement: The Association shall enforce this Declaration, the By-laws, and the Articles of Incorporation. Subsection l.a Budget and Annual Report: Regardless of the number of members or the amount of assets of the Association, the Board shall prepare and maintain books,financial statements, etc. in accordance with the provision of the By-laws. Section 2. Powers: In addition to the powers enumerated in its Articles and By-Laws, or elsewhere provided for herein, and without limiting the generality thereof, the Association shall have the following powers: Subsection 2.1 Easements: The Association shall have authority to grant easements where necessary for utilities and sewer facilities over the common area to serve the common areas and the Lots. Subsection 2.2 Access: The Board and its agents or employees shall have the exclusive right to enter a Lot as necessary in connection with construction, maintenance or emergency repair for the benefit of the common area or owners in common. Except in case of emergency, forty-eight (48) hours notice shall be given to the Owner or occupant. 11 Subsection 2.3 Manager: The Association shall have the authority to employ a manager or 'other persons and to hire independent contractors or employees to perform all or any part of the duties and responsibilities of the Association, provided that any contract with a firm or person appointed as a manager or managing agent, or any contract providing for services by the developer, sponsor or builder, shall not exceed a one (l) year term, shall provide for termination by either party without cause on ninety (90) day or less written notice, and shall provide for the right of the Association to terminate the same for cause on thirty (30) day written notice. Subsection 2.4 Association Rules: The Board may, from time to time, and subject to the provisions of this Declaration, adopt such Rules as the Board may deem necessary for the management of the Project in accordance with the provisions of the By-laws. A copy of the Rules so adopted shall be furnished to each Owner, and each Owner, his family, guests, employees, invitees, licensees and tenants shall comply with such Rules. Subsection 2.5 Enforcement of Rules and Restrictions: The Board shall have the power,obligation and duty to enforce the provisions of this Declaration, the By-Laws and the Rules. In the event of a breach of any of the restrictions contained in this Declaration or of any Rules by an Owner, his family, guests, employees, invitees, licensees or tenants, the Board ,may enforce the obligations of each Owner to obey such Rules or restrictions in any manner provided by law or in equity, including but not limited to, appropriate legal action, suspension of the Owner's voting right and right to use the common facilities of the Project; provided, however, such suspension may not be for a period in excess of thirty (30) days, and may not be imposed wi thout notice and hear ing as herein prov ided, for an infraction of such Rules. In addition to the other remedies herein set forth, the Board, by majority vote, may levy a fine against such Owner, after appropriate notice and hearing as herein provided, in an amount not to exceed Fifty Dollars ($50.00) for each such violation. The right to levy fines, hold disciplinary hearings or otherwise impose discipline on members under this section is vested solely in the Board and may not be delegated to any Director, officer, or manager or other employees of the Board or Declarant. Prior to making any decision that a breach has occurred or to impose any penalty provided herein for breach of any Rules enacted hereunder or restrictions contained in this Declaration, the Board shall send written notice to the Lot Owner specifying the nature of the infraction and provide an opportunity to the Lot Owner for a hearing before the Board regarding such infraction and the penalty to be imposed. In the event that the Board determines that an infraction has occurred and that a penalty shall be imposed, after a reasonable opportunity for a hearing has been provided, the determination of the Board shall be final. 12 Notwithstanding anything to the cont~a~y in this Decla~ation, nei the~ the Boa~d no~ the Associa tion of Membe~s shall have the power to cause a fo~feiture o~ abridgement of an Owner's right to the full use and enjoyment of his individually owned Lot including access thereto over and across the Common Area, because of such Owne~'s failu~e to comply with the p~ovisions of this Decla~ation o~ of the By-Laws o~ any Rules adopted by the Association except when such loss o~ fo~feitu~e is the ~esult of a judgment of a court, a decision out of a~bit~ation o~ on account of a fo~eclosu~e, o~ unde~ the powe~ of sale g~anted he~ein fo~ failu~e of the Owne~ to pay the assessments levied pu~suant to the p~ovisions of this Decla~ation. In the event legal action is instituted by the Boa~d pu~suant to this section, any judgment ~ende~ed in any such action shall include costs of collection, cou~t costs and reasonable attorneys' fees. A moneta~y penalty imposed by the Association as a disciplina~y measu~e fo~ failu~e of a member to comply with the gove~ning inst~uments or as a means of reimbursing the Association fo~ costs incu~red by the Association in the ~epai~ of damage to common a~eas and facili ties fo~ which the membe~ was allegedly ~esponsible or in b~inging the membe~ and his lot into compliance with this Declaration may not be characterized no~ t~eated in the gove~ning instruments as an assessment which may become a lien against the membe~'s lot enfo~ceable by a sale of the lot. The provisions of the above parag~aph do not apply to cha~ges imposed against an owner consisting of reasonable late payment penalties fo~ delinquent assessments and/or cha~ges to ~eimbu~se the Association for the loss of inte~est and fo~ costs reasonably incu~red (including atto~neys' fees) in its effo~ts to collect delinquent assessments. Subsection 2.6 Acquisition of Property: The Association shall have the powe~ to acqui~e (by gift, pu~chase o~ othe~wise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfe~, dedicate for public use o~ otherwise dispose of ~eal o~ personal p~operty in connection with the affai~s of the Association. Howeve~, except with the vote o~ w~itten assent of a majo~ity of the voting powe~ of the Association residing in members other than the Declarant, the Board is prohibited from (1) incur~ing aggregate expenditures for capital improvements to the common a~ea in any fiscal year in excess of five percent (5%) of the budgeted gross expenses of the Association for that fiscal yea~ and (2) selling during any fiscal year property of the Association having an aggregate fai~ market value greater than five percent (5%) of the budgeted gross expenses of the Association for that fiscal year. . Subsection 2.7 Loans: The Association shall have the power to borrow money and, with the vote or written consent of th~ee- fourths (3/4) of each class of members, to mortgage, pledge, deed in t~ust, o~ hypothecate any o~ all of its real or pe~sonal p~ope~ty as secu~ity fo~ money bo~~owed o~ debts incu~~ed. 13 Subsection 2.9 Dedication: The Association shall have the' power to dedicate, sell or transfer a-II or any part of the common area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument has been signed by three-fourths (3/4) of each class of members, other than the Declarant or three-fourths (3/4) of the total voting membership other than Declarant after conversion to a single class of members, agreeing to such dedication, sale or transfer. Subsection 2.9 Contracts: The Association shall have the power to contract for goods and/or services for the common area(s), for the common facilities or interests of the owners or for the Association, subject to limitations elsewhere set forth in this Declaration or the By-laws. Subsection 2.11iJ Delegation: The Association shall have the power to delegate its authority and powers to committees, officers or employees of the Association. However, the authority to levy fines, hold hearings, impose discipline, make capital expenditures, file suit on behalf of the Association, record a claim of lien or institute foreclosure proceedings for failure to pay assessments, may not be delegated to an officer, employee or corrunittee. Subsection 2.11 Power of Attorney: Each owner, for himself, his successors and assigns, shall be deemed upon purchasing his Lot to have appointed the officers of the Association, or any of them, as his true and lawful attorney, in his name, place and stead, to prosecute, settle and/or release any claims arising out of the owners' acquisition and/or joint ownership of the common areas of the project. Such power shall be utilized only upon express authorization of the Board given by resolution adopted by the Board at a meeting for which all members are given advance written notice specifying the nature of the proposed action for which the power of attorney is to be utilized. 14 ARTICLE V ASSESSMENTS Section 1 Covenants for Maintenance Assessments: Declarant hereby covenants and agrees for each Lot owned by it within the Project, and each Owner of any Lot by acceptance of a deed is deemed to covenant and agree, to pay to the Association the assessments levied pursuant to this Article. Declarant and each Owner thereby vest in the Association the right to bring all actions for the collection of such charges and for the enforcement of the lien created hereby. Such right remains with the Association and such obligations run with the land so that each successive Owner or Owners of record of a Lot in the Project will become liable to pay all assessments which become a lien during the time they are the record Owner of any Lot in the Project. Each assessment levied by the Association under this Article constitutes a separate assessment. Each assessment, together with interest thereon, costs of collection and reasonable attorneys' fees, will be a charge on the Lot and be a continuing lien upon the Lot against which each such assessment is made. The Association, as the agent of all Lot Owners, has a separate lien, and a separate lien with power of sale is hereby created, upon each Lot against which an assessment is made to secure the payment of any assessments under this Article. Each such lien for any particular month's charge will also secure -interest thereon, if the same is not paid when due, and costs of suit and reasonable attorneys' fees to be fixed by the court if action or suit is brought to collect such charge. The priority of all such liens shall be in inverse order so that upon foreclosure of the lien for a particular month's charge, any foreclosure sale pursuant thereto will be made subject to all liens securing the respective monthly charge on such Lot for succeeding months. Each assessment, together with interest, attorneys' fees and costs of collection, shall also be a separate, distinct and personal obligation (debt) of the Owner of the Lot at the time when the assessment is levied. The personal obligation for delinquent assessments will not pass to a Lot Owner's successor in title unless expressly assumed by such successor, but the lien for such delinquent assessment shall remain and, if unpaid by such successive Lot Owner, may be foreclosed as provided in this Declaration. After a record Owner transfers record title to his Lot he will not be liable for any charge thereafter assessed against such Lot. A contract seller of any Lot will continue to be liable for all such charges until a conveyance by him of the Lot subject to the assessment is recorded in the Office of the Santa Clara County Recorder. 15 Section 2 Regular Monthly Ass'essments: The Board shall establish regular monthly assessments for operation and maintenance of the Project by the procedures established in this Section. The assessments shall be due and payable in monthly installments on the first day of each month commencing on the . first day of the first month following conveyance of the first Lot. Regular assessments shall be levied equally against all Lots. Notwithstanding the above paragraph, the Declarant and any other owner of a subdivision interest may defer that portion of assessments due which are directly attributable to residential structures (including but not limited to roof replacement, exterior maintenance, walkway and carport lighting, refuse disposal, cable television, and domestic water supplied to living units) until the earliest to occur of the following: (1) A notice of completion of the structural improvements has been recorded; or (2) Occupancy or use of the residence has been established; or (3) Completion of all elements of the residences which the Association is obliged to maintain has been accomplished. Declarant and any other owner of a subdivision interest may defer the payment of any portion of assessments which is for the purpose of defraying expenses and reserves directly attributable to the existence and use of a common facility that is not complete at the time assessments commence, until the first to occur of the following: (1) A notice of completion of the common facility has been recorded; or (2) The common facility has been placed into use. Not less than sixty (6Ø) days prior to the beginning of each fiscal year, the Board shall estimate the total charges to be paid out of the maintenance fund during such year (including a reasonable reserve for contingencies) and distribute a copy of a pro forma operating statement (budget) to each member. All funds budgeted, allocated, assessed and collected for deferred maintenance and capital improvements shall be designated and used solely for those specific purposes. The Board may not impose a regular assessment that is more than twenty percent (2Ø%) greater than the regular assessment for the Association's preceding fiscal year or impose special assessments which in the aggregate exceed five percent (5%) of the budgeted gross expenses of the Association for that fiscal year without the approval of owners, constituting a quorum, casting a majority of votes at a meeting or election of the Association conducted in accordance wi th the voting requirements of Article III, Section 4 of this Declaration. For purposes of this section, quorum means more than fifty percent (5Ø%) of the owners. 16 The above paragraph does not limit assessment increases necessary for emergency situations, which are defined as extraordinary expenses: (1) required by an order of a court; or (2) necessary to repair or maintain the Project or its Common Area(s) where a threat to personal safety within the Project is discovered; or (3) necessary to repair or maintain the Project or its Common Area(s) that could not have been reasonably foreseen by the Board in preparing and distributing its pro forma operating budget pursuant to the By-laws of the Association. However, prior to the imposition or collection of an assessment under this subsection (3), the Board shall pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not or could not have been foreseen in the budgeting process, and the resolution shall be distributed to the members with the notice of assessment. Within one hundred and twenty (120) days after the end of each fiscal year, the owners shall receive an accounting of assessment receipts and disbursements for that fiscal year. Section 3 Special Assessments: In addition to the regular assessments authorized herein, the Board may levy, in any fiscal year, a special assessment applicable to that year for capital improvements, correction of inadequacy of the maintenance fund, defraying, in whole or in part, the cost of any construction or unexpected repair or replacement of improvements in the common area and such other matters as the Board may deem appropriate; provided, however, that in any fiscal year the Board may not, impose special assessments which in the aggregate eceed 5 percent of the budgeted gross expenses for that fiscal year without the approval of owners, constituting a quorum, casting a majority of votes at a meeting or election of the Association conducted in accordance with the voting requirement of Article III, Section 4 of this Declaration. For purposes of this section, quorum means more than fifty percent (50%) of the owners. This section does not limit assessment increases necessary for "emergency situations" as defined in Section 2 of this Article. Any such special assessment shall be levied among all Lots in equal amounts except that a special assessment for major repair or reconstruction shall be based upon the ratio of the square footage of the residence of the Lot to be assessed to the total square footage of the residence of all Lots to be assessed. Section 4 Reimbursement Charges: The Board shall levy a reimbursement charge against any Owner and the Lot owned by such Owner whose failure to comply with this Declaration, the By-Laws or the Rules has necessitated an expenditure of monies by the Association from the maintenance fund to bring such Owner and Lot into compliance with said instruments or in otherwise performing its functions under this Declaration. Such charge shall be for the purpose of reimbursing the Association and shall be due and payable to the Association when levied. 17 Section 5 Hon-Waiver of Assessments: The omission by the Board, before the expiration of any year, .to fix the assessments for that or the next year shall not be deemed a waiver or modification in any respect of the provisions of this Declaration or a release of any Lot Owner from the obligations to pay the assessments, or any installment thereof, for that or any subsequent year. In the instance of such omission, the assessment fixed for the preceding year shall continue until a new assessment is fixed. No Lot Owner may wai.ve or otherwise escape liability for the assessments provided for herein by non- use of the common area, abandonment of the Lot or any attempt to renounce rights in the common area. Section 6 Enforcement: Each Owner of a Lot, upon becom ing such Owner, shall be deemed to covenant and agree to pay to the Association every assessment provided for in this Declaration and shall be deemed to agree to the enforcement of all such assessments in the manner specified herein. Any imposition of a late charge levied by the Association for the delinquent payment of regular and special assessments to defray expenses and "enforcement" assessments or penalties imposed upon an Owner for failure to comply with this Declaration, the By-laws, or Rules, shall be subject to the provisions of the California Civil Code Sections 1366-67. In the event an attorney is employed for collection of any assessment or to enforce compliance with the terms and conditions of this Declaration, each Lot Owner agrees to pay reasonable attorneys' fees and any other costs thereby incurred, in addition to any other amounts due or any other relief or remedy to which the Association is entitled. Any assessment not paid when due will be deemed to be delinquent. Any assessment not paid within thirty (3Ø) days after the date on which it becomes due shall thereafter earn interest from the date of delinquency at the maximum rate permitted by Civil Code Section 1366 (c) 3. In addition to any other remedies herein or by law provided, the Association, or its authorized representative, may enforce the obligations of the Owners to pay the assessments provided for in this Declaration, and each of them, in any manner provided by law or in equity, by either or both of the following procedures. Subsection 6.1 Enforcement by Suit: The Association may commence and maintain a suit at law against any Lot Owner or Owners personally obligated to pay assessments for such delinquent assessments and such suit will be maintained in the name of the Association. Any judgment rendered in any such action shall include the amount of the delinquency, together with interest thereon, costs of collection, court costs and reasonable attorneys' fees in such amount as the court may adjudge against the delinquent Lot Owner. Suit to, recover judgment for unpaid assessments shall be maintainable without foreclosing or waiving the lien provided for in the following Subsection. The Association may not recover more than once in connection with a single delinquent assessment. 18 \ \ \ \ Subsection 6.2 Enforcement by Lien: The amount of any assessment levied pursuant to this Declaration, plus any costs of collection, late charges, and interest thereon, shall be a lien on an owner.s Lot from and after the time the Association causes a Notice of Delinquent Assessment, containing the name and address of the trustee for foreclosure of the lien and signed by the Board or its designated representative (or any Lot Owner if the Board fails or refuses to act), to be recorded with the County Recorder of Santa Clara County. No action shall be brought to foreclose the lien securing an unpaid assessment until the Notice of Delinquent Assessment has been delivered to the Owner of the Lot subject to such assessment and notice recorded in the Office of the County Recorder. Said notice shall state the amount of the assessment together with the interest, costs and reasonable attorneys. fees, a description of the Lot against which the assessment has been made and the name or names of the record Owner or Owners thereof. After the expiration of thirty (3Ø) days from the date such Notice of Delinquent Assessment has been recorded, an action may be commenced in the name of the Association to foreclose the lien, or such action may be commenced by any Owner if the Association fails or refuses to act. Upon the declaration of an assessment and the recording of notice thereof, the Association may, at its option, declare the entire balance of all sums then due from the Owner due and payable, which total sum may then be included in any suit, action or proceeding brought to collect said sum, including all costs, charges and attorneys. fees. Notwithstanding anything contained in this Declaration to the contrary, compliance must be made with Civil Code Sections l366- 67, and no action may be brought to foreclose the lien created hereunder, whether judicially, by power of sale or otherwise, until the expiration of ten (lØ) days after a copy of said Notice of Delinquent Assessment, showing the date of recordation thereof, has been mailed to the Owner of the Lot which is described in such Notice. Each Owner does hereby waive, to the extent of any liens created pursuant to the Declaration, whether such liens are now in existence or are created at any time in the future, the benefit of any homestead or exemption laws of the State of California now in effect, or in effect in the future. Section 7 Power of Foreclosure and Sale: Each of the Lot Owners does hereby appoint the Association, as trustee, to enforce any lien created pursuant to this Declaration and to foreclose such lien by means of any available current California statute, as such statutes may be revised, amended or altered from time to time, or by judicial foreclosure, and does further grant the Association, as such trustee, the power to sell the Lot of any such defaulting Owner, or any part thereof, for lawful money of the United States, to the highest bidder to satisfy such lien. The lien provided for herein shall be in favor of the Association, shall be for the benefit of all Lot Owners and shall 19 secure payment of all sums set forth in the Notice of Delinquent Assessment together with all sums becoming due and payable in accordance with this Declaration after the date of recordation of said Notice of Assessment. The Association shall have the power to bid at any foreclosure sale and to purchase, acquire, hold, lease, mortgage and convey any Lot. In the event such foreclosure is by action in court, reasonable attorneys' fees, court costs, title search fees, interest and all other costs and expenses shall be allowed to the extent permitted by law. Section 8 Transfer of Lot by Sale or Foreclosure: Sale or transfer of any Lot shall not affect the assessment lien. However, the sale of any Lot pursuant to mortgage foreclosure shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer (except for assessment liens recorded prior to the mortgage). No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Where the mortgagee of a first mortage of record or other purchaser of a Lot obtains title to the same as a result of foreclosure of any such first mortgage, such acquirer of title, his successors and assigns, shall not be liable for the share of the common expenses or assessments by the Association chargeable to such Lot which became due prior to the acquisitions of title to such Lot by such acquirer (except for assessment liens recorded pr ior to the mortg age) . No amendment of the preced ing sentence may be made without the consent of institutional lenders in accordance with the provisions of Article IX of this Declaration. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the Lots including such acquirer, his Successors and assigns. Any grantee shall be entitled to a statement from the Association, setting forth the amount of the unpaid assessments against the grantor due the Association and such grantee shall not be liable for, any unpaid assessments made by the Association against the grantor in excess of the amount set forth in the statement provided however, the grantee shall be liable for any such assessment becoming due after the date of any such statement. Section 9 Release of Lien: Upon payment of the delinquent assessment or the satisfaction thereof, the Association shall record, in the same manner as the Notice of Assessment, a further certificate stating the satisfaction and release of the lien. Section 1" Status of Assessment Lien: Upon request by any Lot Owner, the Association will furnish, for the benefit of any prospective purchaser or present or prospective encumbrancer of such Lot a statement showing all amounts then due which are secured by such lien. A reasonable fee, not to exceed Fifty Dollars ($50.00), may be charged for the preparation of such sta tement. 2Ø Section 11 Subordination of Lien to Encumbrance: Notwithstanding any provision to the contrary in this Declaration, the lien for assessments created by this Declaration shall be subject and subordinate to and shall not affect the rights of the holder of any recorded first mortgage or first deed of trust upon such Lot made in good faith and for value. In the event any lien imposed under the provisions hereof is extinguished by reason of the foreclosure of any mortgage or deed of trust on the Lot subject to such lien, and there is a surplus in such foreclosure, there shall be a lien on such surplus in order to secure all assessments, whether regular or special, charged to such Lot after the date of such foreclosure sale, which lien shall have the same effect and be enforced in the same manner as provided herein. For purposes of this Section, a mortgage or deed of trust may be given in good faith or for value even though the mortgagee or the beneficiary of such mortgage or deed of trust has constructive or actual knowledge of the assessment lien provisions of this Declaration. No amendment of this Section shall affect the rights of the holder of any mortgage or deed of trust recorded prior to recordation of such amendment unless the mortgagee or beneficiary joins in the execution of such amendment. Section 12 Association Funds: The assessments collected by the Association shall be held by the Association for and on behalf of each Lot Owner and shall be used solely for the operation, care and maintenance of the Project as provided in this Declaration. The Board shall allocate a portion of said funds as collected for the annual maintenance and operation of the Project as specified in the annual budget and the Board shall allocate a portion of said funds as collected as reserves for contingencies, replacement and deferred maintenance of the capital improvements of the Project as specified in the annual budget. Said funds shall be deposited, as allocated, into the appropriate bank accounts and said accounts shall be separately maintained by the Association. Upon sale or transfer of any lot by any Owner, the Owner's interest in the funds shall be'deemed automatically transferred to the successor or transferee of such Owner. In the event that the Board retains a professional management service, the Board may delegate the authority to deposit or withdraw funds to responsible representatives of the professional management agent so retained. The professional management agent may additionally be authorized to establish a common trustee account for deposit of assessments as collected. Any funds deposited in such a common trustee account shall be allocated as previously specified herein. Section 13 Books of Account: The board shall maintain full, complete and correct books of account of the operation of the Project and vouchers supporting expenditures. Any Lot Owner, or the duly authorized representative thereof, may at any time and 21 at his own expense cause an audit or inspection to be made of the books and records of the Association.. ARTICLE VI EASEMENTS Section 1 Generally: There are hereby specifically reserved for the benefit of the Lots and Lot Owners, in common and for each Lot and Lot Owner severally, and for the Association, as their respective interests apply, the easements, reciprocal negative easements, and rights of way as particularly identified in this Article. Section 2 Easements for Utilities and Maintenance: The rights and duties of the owners of Lots within the Project with respect to sanitary sewer, water, electricity, gas and telephone lines and facilities, and heating facilities shall be as follows: (a) Whenever sanitary sewer, water, electricity, gas, television reception, telephone lines or connections are installed within or upon any Lots owned by other than the owner of a Lot served by said connections, the owners of any Lot served by said connections shall have the right, and are hereby granted a non-exclusive easement to the full extent necessary therefore, to enter upon the Lot to repair, replace and generally maintain said connections as and when necessary. (b) Whenever sanitary sewer, water, electricity, gas, or telephone lines or connections are installed within the property which connections serve more than one Lot the owner of each Lot served by said connection shall be entitled to the full use and enjoyment of such portions of said connections as service his Lot. (c) In the event of a dispute between owners with respect to the repair or rebuilding of said connections, or with respect to the sharing of the cost thereof, then upon written request of one of such owners addressed to the Association, the matter shall be submitted to the Board of Directors who shall decide the dispute, and the decision of the Board shall be final and conclusive on the parties. (d) Easements over and under the property for the installation, repair, and maintenance of electric, telephone, water, gas, and sanitary sewer lines and facilities, cable or master television antenna lines, drainage facilities, walkways, and landscaping as shown on the recorded map of the property, are hereby reserved by Declarant and his successors and assigns, including the Association. Following the sale of the first unit, 22 the Declarant and its successors and assigns shall only have those powers which result from its voting rights. Section 3 Ingress and Egress: There is hereby reserved to each Lot, as dominant tenement, a non-exclusive easement appurtenant to each Lot over and across the Common Area, as servient tenement, for ingress, egress, use and enjoyment of saM Common Area subject to the limitations provided in this Declaration. Section 4 Encroachment Easements: Each Lot within the Project is hereby declared to have an easement over all adjoining Lots and the common area for the purpose of accommodating any minor encroachment due to engineering errors, errors in original construction, settlement or shifting of the building, or any other cause. There shall be valid easements for the maintenance of said encroachments as long as they shall exist, and the rights and obligations of owners shall not be altered in any way by said encroachment, settlement or shifting; provided, however, that in no event shall a valid easement for encroachment be created in favor of an owner or owners if said encroachment occurred due to the wilful misconduct of said owner or owners. In the event a structure is partially or totally destroyed, and then repaired or rebuilt, the owners of each Lot agree that minor encroachments over adjoining lots or common area shall be permitted and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. Section 6 Public Utility and Sanitary Service Easements: The area within Lot 8 designated on the Map as "P.S.E." (Public Utility Easement) and "S.S.E." (Sanitary Sewer Easement) are dedicated as such easements and are to be kept open and free from buildings and structures of any kind except lawful fences, irrigation facilities and utility company structures and appurtenances thereto. ARTICLE VII USE RESTRICTIONS In addition to all of the covenants contained herein, the use of the property and each Lot therein is subject to the following: Section 1 Lot Use: No Lot shall be occupied and used except for residential purposes by the owners and their family members, tenants, and social guests, and no trade or business shall be conducted therein, except that Declarant, his successors or assigns, may use any Lot owned by Declarant for a model home site and display and sales office until the last Lot is sold by Declarant. No tent, shack, trailer, basement, garage, outbuilding or structure of a temporary character shall be used at any time as a residence, either temporarily or permanently. 23 Section 2 Nuisances: No noxio.us, illegal, or offensive activities shall be carried on in any Lot or residence nor on any part of the property, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to or which may in any way interfere with the quiet enjoyment of each of the owners of his respective Lot or which shall in any way increase the rate of insurance for the project, or cause any insurance policy to be cancelled or to cause a refusal to renew a policy, or which will impair the structural integrity of any building. Section 3 Vehicle Restrictions: No trailer, camper, mobile home, commercial vehicle, truck (other than standard size pickup truck), inoperable automobile, boat or similar equipment shall be permitted to remain upon any area within the Project unless within an enclosed garage or hidden from view from the common area. Commerc ial vehicles shall not incl ude sedans or standard size pickup trucks which are used both for business and personal use, provided that any signs or markings of a commercial nature on such vehicles are unobtrusive and inoffensive as determined by the Board. No noisy or smoky vehicles shall be operated on the property. No off-road unlicensed motor vehicles shall be operated upon the property. Section 4 Signs: No signs shall be displayed to public view on any Lots or on any portion of the property except such signs as are approved by the Board. "For Sale" or "For Rent" signs shall be allowed provided they do not exceed six (6) square feet in size. Section 5 Animals: No animals or birds of any kind, shall be raised, bred, or kept in any Lot or on any portion of the Project except that no more than two (2) usual and ordinary household pets such as a dog, cat, bird, etc., may be kept so long as they are not kept for any commercial purpose, and provided they are kept under reasonable control at all times. No pet may be kept on the property which results in a nuisance as prohibited in Section 2 of this Article. No pets shall be allowed in the common area except as may be permitted by rules of the Board. No dog shall enter the common area except while on a leash which is held by a person capable of controlling it. Declarant or any owner may cause any unleashed dog found within the common area to be removed to a pound or animal shelter under the jurisdiction of the City of Campbell and/or the County of Santa Clara. No dog whose barking disturbs other owners shall be permitted to remain on the property. Owners shall prevent their pets from soiling any portion of the common area. Prior to any decision by the Board pursuant to this section that an Owner is responsible for the maintenance of a nuisance or any decision to remove a pet from the Project, the Owner shall be provided with written notice specifying the nature of the infraction and an opportunity for a hearing before the Board. The remedies for an alleged nuisance shall not include any measures which may be characterized as "private self-help action" 24 and any Board action in connection with this section shall be in compliance with the provisions of Article IV, Section 2.5 of this Declaration. Section 6 Garbage and Refuse Disposal: All rubbish, trash and garbage shall be regularly removed from the Project, and shall not be allowed to accumulate thereon. Trash, garbage and other waste shall not be kept except in sanitary containers. Section 7 Satellite Dishes, Radio and Television Antennas: No alteration to or modification of the central satellite dish, television antenna system or any subsequent cable or other system for television reception as maintained by the Association, if any, shall be permitted. No owner shall be permitted to construct and/or operate his own external satellite dish, radio and/or television antenna which interferes with any other Lot Owner's phone, television and/or radio reception. In the event of a disagreement between Lot owners, the matter shall be submitted to the Board which shall make a final decision. Section 8 Right To Lease: The Lots shall not be rented for transient or hotel purposes, which shall be defined as (a) rental for any period less than thirty (30) days, or (b) any rental if the occupants of the Lot are provided customary hotel service such as room service for food and beverage, maid service, or furnishing laundry and linen. Subject to the foregoing restrictions, the owners of the Lot shall have the absolute right to lease same provided that any lease shall be subject to the covenants, conditions, restrictions, limitations and uses contained in this Declaration and the Articles and By-Laws. Section 9 Clothes Lines: No exterior clothes lines shall be erected or maintained and there shall be no outside laundering or drying of clothes, without the approval of the Board. Section 19 Power Equipment and Car Maintenance: No major power equipment, hobby shops, or car maintenance (other than emergency work) shall be permitted within the Project which unreasonably causes disruption to any Lot Owner. In the event of a dispute between Lot Owners, the decision of the Board shall be final. In reaching a final decision, the Board shall consider the effects of noise, air pollution, dirt or grease, fire hazard,. interference with radio, television or phone reception, and similar objections. Section 11 Liability of Owners for Damage to Common Area: The owner of each Lot shall be liable to the Association for all damages to the common area or improvements thereon caused by such owner or any occupant of his Lot, or guest, except for that portion of said damage, if any, fully covered by insurance. Liability of an owner shall be established only after notice to the owner and a hearing before the Board. Section 12 Drapes: All drapes or curtains visible from the street or Common Area shall be white or off-white. 25 ARTICLE VIII ARCHITECTURAL CONTROL Section 1 Committee Organization: There shall be no modification, construction or reconstruction of any portion of the Common Area without the express written approval of the Architectural Control Committee which shall consist of three (3) persons. Section 2 Appointment, Removal and Term of Office: Declarant shall appoint all replacements to the Architectural Control Committee until the first anniversary of the issuance of the original Final Subdivision Public Report for the Project. Declarant shall have the right to appoint and remove a majority of the members of the Architectural Committee until such time as the Lot Owners other than Declarant own ninety percent (9Ø%) or more of the Lots within the Project or five (5) years after the issuance of the original Final Subdivision Public Report of the Department of Real Estate for the Project, whichever occurs first. After one year from the date of issuance of the original Final Public Report for the Project, the Board shall have the right to appoint one member to the Committee. When Declarant waives or no longer has the right to appoint and remove the members of the Committee, said right shall be vested solely in the Board. All members appointed by the Board shall be Lot Owners. Exercise of the right of appointment and removal, as set forth herein, shall be evidenced by the specification in the Minutes of the Association of each new Committee member appointed and each member replaced or removed from the Architectural Control Committee. Vacancies on the Architectural Control Committee, however caused, shall be filled by the Declarant or the Board, whichever then has the power to appoint members. Section 3 Duties: It shall be the duty of the Architectural Control Committee to consider and act upon such proposals or plans submitted to it pursuant to the terms of Section 5 hereof, to adopt Architectural Control Committee Rules, to perform other duties delegated to it by the Association and to carry out all other duties imposèd upon it by this Declaration. Section 4 Meetings: The Architectural Control Committee shall meet from time to time as necessary to properly perform its duties hereunder. The vote or written consent of any majority of the Committee shall constitute an act by the Committee unless the unanimous decision of its members is otherwise required by this Declaration. The Committee shall keep and maintain a record of all actions taken by it at such meeting or otherwise. The Architectural Committee and its members shall be entitled to reimbursement for reasonable out-of-pocket expenses incurred in the performance of any Architectural Control Committee function. 26 Section 5 Application for Approval of ¡.prove.ents: Any Lot Owner, except Declarant and its designated agents, proposing to perform any work of any kind whatever which requires the prior approval of the Architectural Control Committee shall apply to such Committee for approval by notifying the Architectural Control Committee of the nature of the proposed work in writing and furnishing such information as the Committee may require. Section 6 Approval: All approvals shall be in writing; provided, however, that any request for approval not rejected within thirty (30) days from the date of submission thereof to the Architectural Control Committee shall be deemed approved. Section 7 Liability: Neither the Architectural Control Committee nor any member thereof shall be liable to the Association or to any Lot Owner for any damage, loss or prejudice suffered or claimed on account of: (a) the approval or disapproval of any plans, drawings and specifications, whether or not defective, (b) the construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications, (c) the development of any property wi thin the proj ect, or (d) the execution and filing of an ~stoppel certificate, whether or not the facts therein are correct; provided, however, that such member has acted in good faith on the basis of such information as may be possessed by him. Section 8 Appeals: Decisions of the .Architectural Control Comm i ttee may be appealed to the Board of Directors in wr i tinge Such appeals must be made within ten (lØ) days of receipt of the decision. ARTICLE IX MORTGAGEE RIGHTS AHD PROTECTIOH Notwithstanding any other provisions of this Declaration to the contrary: Section 1 Mortgage Per.i tted: Any Lot Owner may encumber hi s Lot with a mortgage. For purposes of this Declaration a "mortgage" means a deed of trust as well; and a "mortgagee" also means the beneficiary under a deed of trust. A "first mortgage" similarly also means "a first deed of trust". Section 2 Subordination: Any lien created or claimed under the provisions of this Declaration is expressly made subject and subordinate to the rights of any first mortgage that encumbers all or a portion of the Project, or any Lot made in good faith and for value, and no such lien shall in any way defeat, invalidate, or impair the obligation or priority of such first 27 mortgage unless the mortgagee expressly subordinates his interest. in writing, to such lien. Section 3 Amendment: No amendment to this Declaration, the Articles or the By-Laws shall affect the rights of any mortgagee under any mortgage made in good faith and for value and recorded before the recordation of any such amendment unless the mortgagee either joins in the execution of the amendment or approves it in writing as a part of such amendment. Section 4 Restrictions on Certain Changes: Amendments of a material nature must be agreed to by Lot owners representing sixty-seven percent (67%) of the total voting power of the Association. In addition, approval must be obtained from first mortgage holders representing fifty-one percent (51%) of the votes of Lots that are subject to first mortgages. A change to any of the following would be considered as material: (a) voting rights; (b) assessments, assessment liens, or subordination of assessment liens; (c) reserves for maintenance, repair and replacement of common areas; (d) responsibility for maintenance and repairs; (e) reallocation of interests in the general or restricted common areas, or rights to their use; (f) boundaries of any Lot; (g) convertibility of Lots into common areas or vice versa; (h) expansion or contraction of the project, or the addition, annexation or withdrawal of property to or from the project; (i) insurance or fidelity bonds; (j) leasing of any residences within any Lots; (k) imposition of any restrictions on a Lot owner's right to sell or transfer his Lot; (l) a decision by the Association to establish self- management when professional management had been required previously by an eligible mortgage holder; (m) restoration or repair of the project (after a hazard damage or partial condemnation) in a manner other than that specified in the documents; (n) any action to terminate the legal status of the project after substantial destruction or condemnation occurs; or (0) any provisions that expressly benefit mortgage holders, insurers or guarantors. When Lot owners are considering termination of the legal status of the project for reasons other than substantial destruction or condemnation of the property, the first mortgage holders representing sixty-seven percent (67%) of the votes of the Lots subject to first mortgages must agree. Section 5 Right to Examine Books and Records: First mortgagees can examine the books and records of the Association at any time during normal business hours and can require the submission of 28 financial data concerning the Association including at their request annual audited reports and operating statements as furnished to the owners to be supplied them within ninety (9Ø) days of the end of the fiscal year. Section 6 Distribution of Insurance and Condemnation Proceeds: No Lot owner, or other party, shall have priority over any right of first mortgagees of Lots pursuant to their mortgages in case of a distribution to Lot owners of insurance proceeds or condemnation awards for losses to or a taking of Lots or any common area. Any provision to the contrary in this Declaration or in the By-Laws or other documents relating to the Project is to such extent void. All applicable fire and all physical loss or extended coverage insurance policies shall contain loss payable clauses acceptable to the affected mortgagees naming the mortgagees, as their interests may appear. Section 7 Hotices to Mortgagees of Record: On any loss to any Lot covered by a mortgage, if such loss exceeds Two Thousand Five Hundred Dollars ($2SØØ.ØØ), or on any loss to the common area, if such loss exceeds Ten Thousand Dollars ($lØ,ØØØ.øØ), or any taking of such common areas, notice in writing of such loss or taking shall be given to each mortgagee of record. If any Owner of a Lot is in default under any provision of this Declaration, or the By-Laws, or the rules and regulations adopted by the Association, which default is not cured within thirty (3Ø) days after written notice to such owner, the Association shall give to the mortgagee of record of such owner written notice of such default and of the fact that said thirty (3Ø) day period has expired. Further, if any Lot and/or the common area is made the subject matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority, then the first mortgagee on such Lot shall be given timely written notice by the Association of such proceeding or proposed acquisition. Section 8 Effect of Breach: No breach of any provision of this Declaration shall invalidate the lien of any mortgage in good faith and for value, but all of the conditions, covenants and restrictions contained herein shall be binding on any owner whose title is derived through the foreclosure sale, trustee's sale, or otherwise. Section 9 Appearance at Meetings: Because of its financial interest in the Project, any first mortgagee or its representative may appear (but cannot vote) at meetings of the members and the Board, and may at such meetings draw attention to violations of this Declaration that have not been corrected or made the sub~ect of remedial proceedings or assessments.' Upon request, a flrst mortgagee shall also be given written notice of all such meetings. Section 19 Contracts Terminable: Any agreement between the Association and Declarant or between the Association and a professional manager pursuant to which the Declarant or Manager 29 agrees to provide services shall provide for termination by either party without cause or payment of a termination fee on thirty (39) days written'notice and shall have a maximum contract term of one (1) year provided that the Board can renew any such contract on a year to year basis. Section 11 Additional Rights of Institutional Lenders: Notwithstanding any provision in this Declaration to the contrary, institutional lenders shall have the following rights: A. First mortgagees of individual Lots may, jointly or separately, pay taxes or other charges which are in default and which may have become a charge against any association common property and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such common property and first mortgagees making such payments shall be owed immediate reimbursment therefor from the Association. Entitlement to such reimbursement shall be reflected in an agreement in favor of all first mortgagees of Lots duly executed by the Association; B. Association dues or charges shall include an adequate reserve fund for maintenance, repairs and replacement of those common area improvements that must be replaced on a periodic basis, and shall be payable in regular installments rather than by special assessments; c. Each holder of a first mortgage lien on a Lot who comes into possession of the Lot by virtue of foreclosure of the mortgage, or any purchaser at a foreclosure sale under a first deed of trust, will take the Lot free of any claims for unpaid assessments and charges against the Lot which accrue prior to the time such holder comes acquires title to the Lot; and D. The proj ect governing instruments contain no provisions creating a "right of first refusal," but should any such rights be created in the future, any such right shall not impair the rights of any institutional lender to: (1) foreclose or take title to a Lot pursuant to the remedies provided in the mortgage, or (2) accept a deed (or assignment) in lieu of foreclosure in the event of a default by a mortgagor, or (3) interfere with a subsequent sale or lease of a Lot residence so acquired by the mortgagee. . 39 ARTICLE X DAMAGE, DESTRUCTION OR CONDEMNATION OF COMMON AREA IMPROVEMENTS Section 1 Damage and Destruction: In the event of damage or destruction of the property of the Association, or any part thereof, it shall be the responsibility of the Association to repair or replace the same in substantial accordance with the original plans and specifications of the Project. Subsection 1.1 Insured Losses: If the damage or destruction to the Association property is an insured loss the loss shall be handled as follows: A. Minor Casualties: If the insurance proceeds initially offered or paid by the insurer do not exceed Fifty Thousand Dollars ($SØ,ØØØ) such insurance proceeds shall be paid to the Association in accordance with Article IV, Section 1, Subsection 1.2 of this Declaration. The Board shall then contract to repair or rebuild the damaged portions of the Association's property in substantial accordance with the original plans and specifications of the Project, obtain bids in accordance with the following paragraphs, and the insurance funds held by the Association shall be used for such reconstruction. B. Major Casualty: If the insurance proceeds initially offered or paid by the insurer exceed Fifty Thousand Dollars ($SØ,ØØØ), the following shall apply: (1) All insurance proceeds shall be paid to the Association and deposited in a newly-created account, and held for the benefit of the Owner(s) of the relevant Lot and their mortgagees as their respective interests may appear. (2) The Board shall obtain firm bids from two or more responsible contractors to rebuild the relevant portion of the Project in accordance with its condition prior to damage and destruction, modified at the direction of the Board to comply with the building codes and construction standard in effect at the time of the rebuilding. To be considered, any contractor's bid shall include the premium payable for a performance, labor and material payment bond from a reputable bonding company. (3) The Board shall then call a meeting of all affected Owners to review all such submitted bids. A simple majority 'vote of the affected Owners will be required to accept or reject any bid. The failure by such Owners to either accept a bid or reject all bids shall authorize the Board to accept an unrejected bid it considers most favorable, or seek further bids. 31 Subsection 1.2 Uninsured or Insufficiently Insured Losses: If any damage or destruction is uninsured or if the insurance proceeds are insufficient to cover the cost of repairs or replacement of the property damaged or destroyed, the Board will make a Special Assessment, in accordance with the provisions outlined in Article V, Section 3 of this Declaration, to cover such cost. Such special assessment is in addition to any other regular assessments and is subject to the rules herein relating to Special Assessments. Any Special Assessment for the rebuilding or major repair work of individual residences will be levied upon the basis of the ratio of the square footage of the lot residence to be assessed to the total square footage of the residences of all Lots to be assessed. Subsection 1.3 Full Insurance Settlement: Notwithstanding any provision of this Article X, if the insurance carrier offers the full amount required to repay and restore all of the damage, then the Board shall contract to repair or rebuild the damaged portions of all affected residences in the manner provided in thi s Art icle X, Sub section 1.1 for a minor casual ty. Subsection 1.4 Emergency Repairs:Without waiting to obtain insurance settlements or bids, the Board may undertake such emergency repair work after a casualty as it may deem necessary or desirable under the circumstances, and the Board may charge the operating accounts for the cost thereof. In the event of a casualty, there is a substantial possibility that immediate emergency repairs will be required to eliminate defective or dangerous conditions and to comply with applicable laws, ordinances and regulation, pending settlement of insurance claims and prior to procuring bids for performance of restoration work. Subsection 1.5 Decision Hot to Rebuild: The decision not to rebuild will require the affirmative vote or written assent of not less than seventy-five percent (75%) of each class of Owner. Upon conversion of Class B membership to Class A membership as provided in this Declaration, a vote in accordance with this Declaration, Article III, Section 4, shall be required for the decision not to rebuild. In the event the membership elects not to rebuild, the proceeds received by the Association as a result of such decision shall be distributed by the Association among the Owners of Lots and their respective mortgagees according to the respective fair market values of the Lots at the time of destruction. The fair market value shall be determined by taking the average of two appraisals as commissioned by the Board. Section 2 Distribution of Funds in Event of Condemnation: A condemnation award affecting one or more lots which is not apportioned among the owners by a court judgment or by agreement between the condemning authority and each of the affected Owners, shall be distributed among the Owners of Lots and their respective mortgagees according to the respective fair market values of the Lots at the time of destruction. The fair market value shall be determined by taking the average of two independent appraisals as commissioned by the Association. 32 ARTICLE XI GENERAL PROVISIONS Section 1 Enforcement of Bonded Obligations: When common area improvements have not been completed prior to the issuance of the first final public report for the Project and the Association is obliged under a bond or other arrangement (hereinafter called "Bondll) to secure performance of the comm i tment of Declarant to complete the improvements, the following provisions relative to the initiation of action to enforce the obligations of Declarant and the surety under the Bond shall pertain: (A) The Board shall consider and vote on the question of action by the Association to enforce the obligations under the Bond with respect to any improvements for which a Notice of Completion has not been filed within sixty (60) days after the completion date specified for that improvement in the Planned Construction Statement appended to the bond. If the Association has given an extension in writing for the completion of any common area improvements, the Board shall be directed to consider and vote on the question if a Notice of Completion has not been filed within thirty (30) days after the expiration of any such extension. (B) There shall be a special meeting of the Members for the purpose of voting to override a decision by the Board not to initiate action to enforce the obligations under the Bond or on the failure of the Board to consider and vote on the question. The meeting shall be required to be held not less than thirty- five (35) nor more than forty-five (45) days after receipt by the Board of a petition for such a meeting signed by Members representing not less than five percent (5%) of the total voting power of the Association. (C) There shall be a vote by Members of the Association other than Declarant at the special meeting called. A vote of the majority of the voting power of the Association residing in Members other than Declarant to take action to enforce the obligations under the Bond shall be deemed to be the decision of the Association and the Board shall thereafter implement this decision by initiating and pursuing appropriate action in the name of the Association. Section 2 Invalidity of any Provision: Should any provision or portion hereof be declared invalid or in conflict with any law of the jurisdiction where this project is situated, the validity of all other provisions and portions hereof shall remain unaffected and in full force and effect. 33 Section 3 Term: The covenants and restrictions of this Declaration shall run with and bind the property, and shall inure to the benefit of and shall be enforceable by the Association or the owner of any Lot subject to this Declaration and his legal representatives, heirs, successors and assigns, for a term of thirty (3Ø) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (lØ) years, unless an instrument in writing, signed by a majority of the then owners of the Lots has been recorded within the year preceding the beginning of any successive period of ten (lØ) years, agreeing to change said covenants and restrictions in whole or in part or to terminate the same. Section 4 Amendments: This Declaration may be amended only by the affirmative vote or written assent of seventy-five percent (75%) of each class of the owners. After conversion of Class B membership to Class A, this Declaration may be amended only by the affirmative vote or written assent of: (1) seventy-five percent (75%) of the total voting power of the Association; and (2) seventy-five percent (75%) of the votes of members other than the Declarant. The percentage of voting power necessary to amend a specific clause or provision shall not be less than the percentage of affirmative votes prescribed for the action to be taken under that clause or provision. Any amendment must be recorded and shall become effective upon being recorded in the Recorder's Office of Santa Clara County. Section 5 Development Rights: Declarant is undertaking the work of developing for sale Lots and certain improvements within the Project. The completion of that work and the sale, rental and other disposal of said Lots is essential to the establishment and welfare of the property as a residential community. In order that this work may be completed and said property be established as a fully occupied residential community as rapidly as possible, nothing in this Declaration shall be understood or construed to: (A) Prevent Declarant, its contractors or subcontractors from obtaining reasonable access over and across the common area of the Project or from doing within any unsold Lot owned by Declarant whatever is reasonably necessary or advisable in connection with the completion of said work; (B) Prevent Declarant or its representatives from erecting, constructing and maintaining within the common area such structures as may be reasonably necessary for completing said work and conducting its business of establishing said property as a residential community and disposing of the same in parcels by sale, lease, or otherwise; , (C) Prevent Declarant from mainta ining such signs on Lots still owned by Declarant or on the common area as may be necessary for the sale, lease or disposition of the Lots therein; or 34 (D) Prevent Declarant from maintaining model homes, sales offices, storage facilities or related such facilities in any unsold Lots wi thin the proj ect necessary or reasonable, in the opinion of Declarant, for sale or disposition of the Lots. Declarant shall be entitled to reasonable use of the common areas and common area facilities for undertaking its sale of the Lots. The above rights of Declarant with respect to development and marketing shall be limited to a period of three (3) years from the date of the first sale of a Lot. The Declarant shall be obligated to pay a reasonable rental amount to the Association for use of the Common Area for marketing purposes. Section 6 Enforcement: this document: Notwithstanding any other provision in (A) Except as otherwise provided herein, the Association or any Owner shall have the right to enforce any and all of the covenants, conditions and restrictions now or hereafter imposed by this Declaration upon the owners or upon any property within the Proj ect; and (B) Any violation of any state, municipal or local law, ordinance or regulation pertaining to the ownership, occupation or use of any property within the Project is hereby declared to be a violation of this Declaration and subject to any or all of the enforcement procedures herein set forth; and (C) Each remedy prov ided by this Declaration is cumulative and not exclusive; and (D) The failure to enforce the provisions of any covenant, condition or restriction contained in this Declaration shall not constitute a waiver of any right to enforce any such provisions or any other provision here. Section 7 Fair Housing: No Owner shall, either directly or indirectly, forbid or restrict the conveyance, encumbrance, leasing or mortgaging, or occupancy of his lot to any person for reasons of race, color, rel ig ion, sex, mar i tal status, national origin, adulthood of any vendee, lessee or occupant, or ancestry. 35 IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed this declaration this day of ,198- CAMPBELL VI TOWNHOMES, A CALIFORNIA CORPORATION By: ACIQIOWLEDGMEH'l' STATE OF CALIFORNIA ) ) ) ss. COUNTY OF On , 198 , before me, the undersigned, a Notary Public in and for the- County and State, personally appeared known to me (and proved by satisfactory evidence) to be the general partner of the partnership which executed the within instrument, and acknowledged to me that _he executed the same. WITNESS my hand and seal. 36 ..." .' CONSENT AND SUBORDINATION as Beneficiary under the Deed of Trust made by dated, recorded in Book at page Official of Records of , , ------------------------- County, hereby consents to the execution of and also subordinates all the right, title, interest and lien which they now have to that of the foregoing Declaration of Covenant, Conditions and Restrictions, dated as if as and tho ug h said Declaration has been made, executed and recorded prior to execution and recordation of said Deed of Trust. BY: 37 TP: City Clerk PUBLIC' ~KS FILE NO, Jr, 't¡"2-S~ -PVý t=' 8~ -/7b 72. ,,~Ce ~ Please collect & receipt for the following monies: ACCT. ITEM AMOUNT RECEIPT NO. . ., 35-3396 3372 3521 3521 3521 $ Project Revenues (specify project) Public ~ks Excavation Permit Fees: Application Fee Plan Check Deposit Faithful Performance (Cash) Deposit R-1: ($ 35) Other: ($ 50) ($500) (100% of) (ENGR. EST) (4% of FPB) ($500 min,) (7% of FPB) ($ 35 min.) Other Cash Deposit (specify) ($200) 3373 3373 Plan Check & Inspection Fee 3373 3373 3373 3380 3373 3373 3520 3372 3370 3380 3510 Project Plans & Specifications ($10) General Conditions, Standard Provisions & Details ($10 or $1/page) "No Parking" signs ($1/ea. or $25/100) Work Area Traffic Control Handbook ($5) Traffic Flow Map ($10) Traffic Data Services ($40/hr. + material costs) Map Revisions to Map Companies ($ 10) Copies of Engineering Maps & Plans ($,50/sq, ft.) Fire Hydrant Maintenance ($195/ea.) Tentative Parcel map Filing Fee ($350) Final Parcel Map Filing Fee ($300) Tentative Tract Map Filing Fee ($400) Final Tract Map Filing Fee ($350) Lot Line Adjustment Fee/Certificate of Compliance ($350) Vacation of Public Streets and Easements ($500) Assessment Segregation or Reapportionment First Split ($500) Each Additional Lot ($150) Environmental Assessment: Categorical Exemption ($500 plus actual cost Negative Declaration above $500) Storm Drainage Area Fee per Acre (R-1, $1,875; Multi-Res" $2,060; all other, $2,250) Park Dedication In-lieu Fee per Unit ($1,132) '"J 5" C> Public Works Special Projects Postage PERMITTEE TOTAL $ 7 '1 cr "'" &;IC-.. C('s¿ ~ f ~~i I \l J PHONE <is'' ç~ ~ /' ~Ý ZIP cr 5 ~c C e NAME OF APPLICANT ADDRESS FOR CITY CLERK ONLY 0M / ÇO c~~¡?~ I) I ::'VEDB1¿; 1~ . ( /-=, TRACT NUMBER '~. , .-,' ')'-";' " " ~,,;~ ~ ,e .~ PLEASIf'TYP£ OR ,'RINT HEA. /I- YOU GET T"'~Tf'l'V E 'D """"'."'~- -'".-,.'," -,"" t' / / County of Santa Clara Current Planning Office 70 W. Hedding St.. San Jose, CA 95110 Phone: 299-2454 '. FEB 281989 See Instructlòns Below 1, Location of Tract 2. Proposed Tract ~ame ENGINEERING (l(;,~ L~()'¡ l'\/t:, (' Ln'; ": \) (':, ~t. C,A. «!)t.cP'. ' ,! ¡ ~ L,t:; \ t ; X. 3, Number of Lots & Units 4. Approximate Acreage 5. Date of Planning Commission ~ f,/ / per / è, ,¡' Approval of Tenative Map or 6. Owner's Name 7. Owner's Address -~ I,;! l, ,,}'\ .. "> 'II"",!"""-;';' " ..., #; !,..N" pt;. ì~~ :' : ,41'1:'" L, .4 ¡\ ¡ i , (, (/ r:/' ',,1'";; , -' , 8. Engineer's Name k(\.:~,:" 'it'l'" ""'16 :'"fs lh1i-P rÓpose(fti"actTn' ..J" an incorporated City? Yes No 13, Remarks: 9. Engineer's Address and Phone Number /,"", ,":'ij~~ie. ",'" "tl.' 'nn1i'è'TfâdrPrô'põsa(f"""""""'" :.,~ ..t2~;'" tfltle'anSw~rrtb 10ot'rrls""" for Annexation? yes, What City? Yes No !Þ INSTRUCTIONS FOR COMPLETING TRACT NUMBER REQUEST FORM: 1, Existing frontage and intersecting adjacent streets or reference to existing tract limits. 2. If unknown, so state. Name must be provided prior to recordation if name is to be used. 3, Self explanatory, 5. The tract number will be issued only after the Tentative Map has been approved by the Planning Commission. 6, through 12. Self explanatory. 13. For additional comments by private engineer/surveyor. NOTES: 1. Enclose copy of approved Tentative Map. 2. The form shall be filled out and the gold copy retained by the engíñeer."l',"'-c---.;' . 3. All other copies must be forwarded to Current Planning Office, 70 W. Hedding St., San Jose 95110 4. Where development involves more than one unit, submit a separate Tract Number Request for each unit. 5. Tract Number is automatically void if not used within one year from the date of issue and request in writing for renewal has not been received. 6. A request for renewal shall be in writing and shall include the date of the re-approval or extension and the length of time for such extension 7. The assigned number is not transferable, except upon written re-application, 8. Enclose $, (issuance fee. TRACT NUMBER ASSIGNED: This space for machine validation -J / '-........ (~., <------J REQUEST COMPLET~ ~~ I :ATE Routing White - Land Development Coo dinator Green - Owner's Engineer Canary - Planning Commission Pink - City Engineer Æ'I Goldenrod - Owner's Engineer (Preliminary Copy) \316240 REV 8/88 TENTATIVE SUBDIVISION MAP CONDITIONS OF APPROVAL LANDS OF ~C~ ~r' T" i SITE ADDRESS: 1) Å APN i '305' - '3 0 - 00 3 CONDLIBR CODE # ,;;:-------, (~C40 ~~~'" (-~~ e / ¿C_~}/~/ c44 c45 c46 c47 c48 e 8 ð c52 Installation of a sanitary sewerage system to serve all lots within the subdivision in conformance with the proposed plaos of the County of Santa Clara Sanitation Distrct No.4. SQnitary sewerage service to be provided by said District No.4. Installation of a water distribution system to serve all lots within the subdivision in conformance \'Jith the plans of the San Jose Water Works. Water service to be provided by said water company. Fire hydrants and appurtenances shall be provided and installed at the locations specified by the Fire Chief, Fire Department, City of Campbell. Fire hydrant maintenance fees shall be paid to City at the rate of $195 per fire hydrant. Subdivider shall create or provide any public service easement and any other public utility and/or public service easements as may be necessary for the installation of any and all public utilities and/or facilities. Compliance with the provisions of Title 20, Subdivisions of the Campbell Municipal Code. Subdivider to pay Storm Drainage Area Fee. Subdivider to furnish copy of Preliminary Title Report. Subdivider shall install street improvements and post surety to guaranty the work. Subdivider shall execute an agreement and post surety to install . street improvements in the future and agree to join a Local Improvement District. Dedicate additional right-of-way to widen to feet from centerline. - CC&R's to be approved by City Engineer to insure provisions for m~intenance of buildings and common area. Provide a grading and drainage plan for the review and approval of the City Engineer. Obtain an excavation permit and pay fees and deposit for all work in the public right-of-way1' ínc..//Jdin7 drlv~u..1ðcY re:/pC4L1 io/'7 r~Fll\~rl't~l,t 4nd d"$'t4il114tìø,1 pt CI 'Pc.V~I""~'"'t c.Ap, / Pay a fee of $ in lieu of dedication of lan~ for parks. 1 ~-, <P -(1"2 ~ .' / Q..I ~c.. f r"ø /,'t: ..... f: CONDLIDR USERl ("" ..-/ pþ.RRS \.N, @ 38J! 07.- ,... ~ ..'" I~ ..(]I "", '" ~ I;) ..}8787 !I) \.o¡ 140 @ ~ "'" I~ ~ ;:: 0 Ib 140... 01, þ ~ @ 1'00 't ï ::I 5JO2"' I: i = ~ :Þ .0 """"-,-Y¡ < .. i",',:1 ',','"" fTI ~ I~ , ','; }~~ '" '" - II "". . 2Ç II!' I.',~.: I 4119 .I,J f~,~! .,t-~-~~s, . .8 '..~ ,,11ft '..z:JdO,'~,~'; '- "'r. : ~:J~il . ".. G-... ,. .'".. "." @ I~ '" 65 g 1;0 IQ¡ ~ ~ I~ - II\) ~ :.\ , !¡ 65 62 '" //I MILTON -- , .6 "" 55 ., 60 ., -- -- ---Î?O_S J70/586, , , @i .. ~ @ --"~ . '" /þ-\/E.- 'I). ¿,(J' I ~ I l LLEWELLYN r- AVE, n þ ;¡;~ 3: ".. ~ o~ ~ @ r r I - g 101 ~ .. Ill, ~ -~--- 0 --'---' ---..,q 41 -' ", -- --- ~ ' ----'- 0 I" ~ Þ ~ : ... .. 326 @ HARDY AVE, 326,}4 " '" 'J' '" (II 8 þ n , . .. g 8 ' 110 CARLYN AVE, '@ n, , "'~ I ," -; j n_- NI",ININI~I() "..r .. I ... : ... : A I ~ I I I' I I ;;;1 "", :I: ¡¡ fTI ,Ii: " 1 I' I (;¡::I N' ~ 'I :':OIllI,:..., "'1--_...JI1.__~.., : ~ : :\SCI li\ì ~)O'I roO" ::~ I .~ H';':;~'~D"'~:"'D ;;,.-t ~'" O~ 01" ~ ().I.. 0: . " 0 o. I œ I - .._- ~ , ~ r c C 2 þ V V .. V ~ '" þ Z Þ r. r .. .. .. § L ... ~ n .. r' ;; 0 ~ þ ( CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) B66-21 00 Department: Public Works January 26, 1989 Engineering Division City of Campbell SUBJECT: TENTATIVE SUBDIVISION MAP OF NADCON DEVELOPMENT CO. 96 DOT AVENUE APN 305-30-003 Gentlemen: The enclosed Tentative Subdivision Map has been filed with the City Engineer for approval. A copy is being sent to you for the purpose of obtaining any comments or suggestions you may have with respect to it. If your comments or suggestions are not received prior to February 10, 1989, it will be assumed that no comments are forthcoming. Very truly yours, L~::e!~q Engineering Technician JP/sd enclosure f/tent-sub (sd disk) TO: ACCT. 35-3396 3372 3521 3521 3372 3521 City Clerk PUBLIL u'¡RKS FilE NO.~ Please collect & receipt for the following monies: AMOUNT $ R-] : $35) .t Vl.: ($ 50) { 500) (4% of FPB) ($500 min.) (n of FPB) ($35min,) (Cash) Depos i t Plan Check & Inspection Fee Other Cash Depos i t (s peci fy ) ($200) J373 3373 3372 3370 J395 3380 3510 Tentative Parcel Map Fil ing Fee ($350) Final Parcel Hap Fil in Fee ($300) Tentative Tract Map Fil in Fee $ 00 Final Tract Map Fil in Fee $350 Lot Line Ad'ustment Fee/Certificate of Compl iance Vacation of Publ ic Streets and Easements $500 Assessment Segregation or Reapportionment First Spl it ($500) Each Additional Lot ($150) Environmental Assessment: Categorical Exemption ($500 plus actual cost Ne ative Declaration 'above $500) Storm Drainage Area Fee per Acre R-I, $1, 75; Multi-Res" $2,060; all other, $2,250) Pa rk Ded i ca t i on In-I i eu Fee pe r Un i t ($1,132) ~II" Publ ic Works Special Projects Pos tage TOTAL ~ "-"3 5' 0 $ lA \1'\ f \, ~ ( WrJ- ADDRESS I S D p:. Ld u<Þb~( ( ( NAME 5s'b b -7 7 ¡~ ZIP 7§"oot/ PHONE J(\,}¿,., ;# 10 I FOR C I TV CLERK QliLY RECEIPT NO. 2- <7;Ç1 Ô [~CTð ¡IGI /g~) ( I July, 1987 ~ PAID RECE , VED BY DATE' TO: ACCT. 35-3396 3372 3521 3521 3372 3521 J373 3373 City Clerk PUBLIC wùRKS FILE NO. Please collect & receipt for the following monies: ITEM Project Revenues (specify project) Public. (~o,'du Exc.a.va.:t'¿on ÞeJz.må 'Feu: App I i ca t i on Fee Plan Check Deposit Faithful Performance (Cash) Deposit R-l : ($35) ($200) Plan Check & Inspection Fee Other Cash Deposit (specify) O-thVL: ($ 50) '( $500) (4% of FPB) ($500 min.) (7% of FPB) ($35min.) 3372 3370 Mul ti-Res., 3395 3380 3510 NAME ADDRESS Unit ($1,132) Public Works Special Projects Pos tage TOTAL --------- h (tt¿le..c. ÔJLUL .Y"O /E, ~. FOR C I TV CLERK CXIlLY RECEIPT NO. 6< ~U 0() /-. fJ ) /)~)go/ ( ~ PAID RECE'VED BY DATE' PH::INE AMourn $ $ - ~- SO EJ~ ~- 77 tr,ç. ZIP r 50o<f July, 1987 . . \ \ AMERICAN TITLE INSURANCE COMPANY 505 Race Street, San Jose, Callfornla 95126 (408) 298-9800 PRELIMINARY TITLE REPORT -4430-8805076 DIRECT ALL CORRESPONDENCE TO: 950 E. Caapbell Avenue Campbell, CA 95008 (408) 371-2300 PRE L I M I N A R Y R E P 0 R T K. Naderzad 1401 Pollard Road Campbell, CA ~SO08 PROPERTY ADDRESS: 96 OOT A VENUE CAMPBELL CA !LU_'LEJL- KIYOUMARS NADERZAD ESÇJ~9\01 OffICER: JUd1 Souza ATTENTION: K. Naderzad ESCROW NO.:300427 In response to the above referenled applicatlon for a pOI1Cyof title insurance, Company hereby reports that it 1S prepared to issue, or cause to be Issued, as of the date hereof, a Pollcyor Pollcies of Title Insurance describlng the land and the estate or 1nterest therein hereinafter set forth, insuring against loss which may be sustalned by reason of any defect, lien or encumbrance not shown or referred to in an Exception below or not ,excluded from coverage pursuant to pr1nted Schedules, Conditlons and stlpulatlons of sald Policy forms. The printed Exceptions and Exclusions from coverage of sald Policy or Pollcies set forth on the reverse side hereof, Copies of the POIICY forms should be read.They are avallable from the office which Issued this report. ThlS report (any supple.ents or amendments thereto) is issued solely of facilitating the issuance of a POI1CY of title Insurance and assumed hereby. If it is desired that liabllity be assumed prior to a policy of title insurance, a Binder or CommItment should be report is subject to a minimum cancellation fee of $200.00. for the purpose no liabllity is the Issuance of requested. This Dated as of August 23, 1988, at 7:30 a.m. Title No.8805076/SUE Chief Title Officer: Joseph M. Parker Advisory Title OfCicer:Dan D. Barry Inqu1ries concerning policy forms and content, types of coverage offered, eXleptlons to coverage I or other matters relatlng to this report should be,dlrected to the ChIef Tltle Offlcer or the AdvIsory Tltle Offlcer at (408) 298,9800. . . \ Page 2 PRELIMINARY TITLE REPORT, 4430,8805076 The estate or lnter~st In the land h~relnafter descr1bed or referred to covered by this report 15: A fEE AS TO PARCEL ONE; AND AN EASEMENT AS TO PARCEL TWO T1tle to said estate or 1nterest at the date hereof 1S vested: LUTHER A. ßIWWN AND PANSY F. BIWWN, HIS WIFE, AS JOINT TENANTS DES C RIP T ION All that certain real property situated in the city of Caapbell, County of Santa Clara, State of Callfornia, described as follows: PARCEL ONE: BEGINNING at a point on the Northeasterly line of that certain 19.84 acre parcel of land conveyed by Antonio Ciraulo to Gulseppa Ciraulo by Deed dated January 9, 1935 and recorded January 24, 1935 in Book 719 of Official Records, page 199, Santa Clara County Records, distant thereon N. 12° IS' W. 175.36 feet; N. 32° 45' E. 12.21 feet and N. 12° 15' W. 65.67 feet from the 1ntersection thereof with the Northwesterly line of Rincon Avenue, said point also being the intersection of 'said Northeasterly line with the Southeasterly line of that certain parcel of land conveyed by Charles E. French, et ux, to Ed H. Bush, et ux, by Deed dated September 10, 1947 and recorded September 10, 1947 in Book 1447 of Official Records, page 188, Santa Clara County Records; running thence along said Northeasterly line of the 19.84 acre parcel of land, N. 12° 15' W. 93.18 feet; thence leaving said Northeasterly line and running Southwesterly 156.26 feet, more or less, to a polnt on the Northeasterly line of a 60.0 foot right of way that bears N. 12° IS' W. 87.0 feet from the intersection thereof with the said Southeasterly line of the parcel of land conveyed to Bush; running thence along said Northeasterly line of the 60.0 foot right of way, S. 12° IS' E. 87.0 feet to the intersection thereof with the said Southeasterly line of the parcel of land conveyed to Bush; thence leaving said line of the 60.0 foot right of way and running along said Southeasterly line of the land conveyed'to Bush, N. 80° E. 156.48 feet to the POINT OF BEGINNING, and being a portion of Section 34, Township 7'South, Range 1 West, M.D.B. & M. PARCEL TWO: A NON-EXCLUSIVE EASEMENT 60.00 Ceet in width for the purpose of ingress and egress and Car the installation and maintenance of public utilities over the following descr1bed parcel of land: . . \ \ Page 3 Preliminary Title Report - 4430-8805076 BEGINNING at an iron pipe on the Northwesterly line of Rincon Avenue distant thereon South 80" West 147.75 feet from the Easternmost corner of that certain 19.84 acre tract of land described in the Deed from Antonio Ciraulo to Guiseppa Ciraulo, wife of Antonio Ciraulo, dated January 9, 1935 and recorded January 24, 1935 in Book 719 of Official Records, page 199, Santa Clara County Records; running thence South 80" West along the said Northwesterly line of Rincon Avenue, 60.05 feet to an iron pipe; thence leaving said last naaed line and running North 12" 15' West 795.92 feet to an iron pipe on the Southerly line of Campbell Avenue, as said line was established by the Deed from Sarah B. Dunphy, et aI, to the County of Santa Clara, dated January ~9, 1925 and recorded April 24, 1925 in Book 719 of Official Records, page 199, Santa Clara County Records; running thence along the said Southerly line of Campbell Avenue, North 89" 29' East 12.78 feet and South 89" 51' East 48.62 feet to an iron pipe; thence leaving said last namad line and running South 12" IS' East 785.23 feet to the POINT OF BEGINNING. '. \ Page 4 PRELIMINARY TITLE REPORT - 4430-8805076 At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as fallows: 1. General and Speclal County Taxes for flscal year 1988-89, a llen not yet due or payable. 2. Llen or Supplemental Taxes, assessed pursuant to the provisions of Chapter 3.5, Sectl0ns 75 et seq., Wevenue and Taxation Code, If any. 3. Homestead Declaratl0n recorded January 7, 1966 Instrument No. 2989745, In Book 7240, Offlclal Records, page 687, by Luther A, Brown and Pansy F. Brown, 4. A statement of Informatlon IS requlred from Luther Brown to determine if the followlng general 11ens, which do not descrlbe real property, attach to the hereln descrlbed property or not. Name of Party A)L Brown B)L Brown Recordlng Date September 7, 1983 July II, 1986 Instrument No. 7808136 8355762 5. A statement of informatlon IS requlred from Pansy Brown to determine If the followlng general llens,.which do not descrlbe real property, attach to the herein descrlbed property or not. Name of Party A)P Brown Recordlng Date November 24, 1986 Instrument No. 9044160 Pa g e S Preliminary Title Report' 4430-8805076 NOTE: No conveyances of the herein described properly was recorded during the 2 year period preceeding the date of thiS report. NOTE: The Counly of Santa Clara imposes an additional Preservation Fee of $10.00 for recording a deed description ather than an entire lot shown on a map. Monument with a legal recorded final , . NOTE: The following tax information is provided for proration purposes only: Taxes for fiscal year 198788, have been PAID, Bill No. 305,30003 Code: 10-043 1st Installment: ~ 270.78 2nd Installment: $ 270.78 Exemption: $7,000.00 as follows: 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 pr~perty to be insured or the nature of the transaction. For commercial properties and/or liabilities in excess of $1,000,000.00 d survey may also be required. SUE:Jsm ARB: 405-40010 APN: 305 - 30 -003 z ~ ..Jui >- w>- a ~ C( 124\ Q; ¿J ~ 0 c(~ ..JI x .--¡-'-'-W,- -CAMP8ELL----L-, ,1 . 0" ,t . ~ I I I I I I I @ (~ Oar :I~----@ 'II. ~ ~ :1. I~ -n..,. --...,,-- ..!!!. ,.. 00 z . ~~ @ I ~.-LAVE.--:;-'+- , ~""'" 'I '" u .,. I W ~"" !!9I1!~!I: ~ . . II III . "I .1 .JoO- 7"8' ItO I. " 9 .! @ . .. .I : ær-,:--;--- -------- J M . 26 SI: 104 AI:.. 300 1£. ~ "4' 1£ @ I J @ , -8Z : , 7' - II - '~Ji' I '0 ." IIOs. ~TO/".. @ @ ~. -"" , ~ -.,. ~ . . "" -- .,..... -"'" . ...~ .." --.- . I.~-~' -------- 27 11 s ~: J.? /I 12 'Ii .to =h I 19 z -no. :~~ 1I oU ~~D;o ::.0 U .~.I 2' . ..n I IIU ., --AVE.-~-'4-- l 30"5 /I '30" 'Ji 1 , \ -œ~ 1 :; "'OM.) , ' Ii ¡ -?:". This is neith.er a plat nor a survey. rt~ i",;n;shed as a convenience to iccate the land i:-..-¡'c3ted hereon wit~ reference to street and Oi.:Gí ¡::~nd. r,;o !iatJ¡¡¡ty is assumed by reason f r€:!~F1C3 ¡lCíCcn. America;' Title Insurance Compar.~