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1031 Hazelwood Ave. (1989) ro: City Clerk Please collect & receipt for the following monies: PUBLIC WORKS FILE NO. L J I (5~ (:, ) . /' 35.3396 ACCT ITEM AMOUNT RECEIPT NO $ 3372 3521 3521 3521 Project Revenues (specify project) Public Works Excavation Permit Fees: Application Fee Plan Check Deposit Faithful Performance (Cash) Deposit Other Cash Deposit (specify) R-1: ($50) ($200) Other: ($100) ($500) (100% of) (ENGR. EST) (4% of FPB) ($500 min.) 3372 3373 3373 3373 3373 3373 3372 3372 3372 3372 3372 3510 Plan Check & Inspection Fee ($0 - $100,000 10%; $100,000 - $500,0009%; $500,000 and above 7%; $100 min.) 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 ($5) Copies of Engineering Maps & Plans ($.50/sq.ft) Final Parcel Map Filing Fee ($450 + $20 per lot) Final Tract Map Filing Fee ($500 + $20 per lot) Lot Line Adjustment Fee/Certificate of Compliance ($400) Vacation of Public Streets and Easements ($500) Assessment Segregation or Reapp.ortionment First Split ($500) Each Additional Lot $150 Park Dedication In-lieu Fee er Unit storm Draina e Area Fee Public Works Special Projects Postage TOTAL PHONE $ ~ 5O¡J~ / 1ì J--P(/1 ZIP o¡ -5- r::Z4 NAME OF APPLICANT ADDRESS I Ç:> 0/ FOR CITY CLERK ONLY RECEIVED BY DATE ~'$-9 / pd N ¡fo~ - 0 ( ,0-1 ~ TO: , City Clerk ~ Lv I ,~2- I PUBLIC ~KS FILE NO. Please collect & receipt for the following monies: 35-3396 ACCT. ITEM AMOUNT RECEIPT NO, $ 3372 3521 3521 3521 3372 Project Revenues (specify project) Public ~s Excavation Permit Fees: Application Fee Plan Check Deposit Faithful Performance (Cash) Deposit Other: ($ 50) ($500) (100% of) (ENGR. EST) (4% of FPB) ($500 min.) (7% of FPB) ($ 35 min.) ?/ '7-V2-1 _).:;,7 ("r: R-1: ($ 35) Other Cash Deposit (specify) ($200) Plan Check & Inspection Fee 3373 3373 3373 3373 3373 3380 3373 3373 3520 ~" 3372 3372 3372 3372 3372 3372 3372 3370 3395 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) 3380 3510 Public Works Special Projects Postage PERMITTEE TOTAL $ ,,36-C. Cc )-)O-~L &-1 /)¿:'v¿ L(-' /1,;)7 Eìcf-¡- , / Á. C , 6/.:'7/"-11---/ SJ)<::'¿IJìrh._) L¡I-:;-3 .- t' ~~ [: NAME OF APPLICANT ¡.j I A '¿)[. C ¡ / , ADDRESS FOR CITY CLERK ONLY 0M (,: . . / , / ( l . / /~ ( PHONE , ) )- é, ,,~ /)( ? 6 2 3 -"5 T '/.6 -/57,' ZIP ~ 7-;?¡ ~ g' <7 RECEIVED BY DATE TO: City Clerk i PUBLlC&KS FILE NO. Lv ¿." is-,,) 4k PH .. Please collect & receipt for the following monies: 35-3396 ACCT. ITEM AMOUNT RECEIPT NO. , " $ 3372 3521 3521 3521 3372 Project Revenues (specify project) Public Works 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) Plan Check & Inspection Fee 3373 3373 3373 3373 3373 3380 3373 3373 3520 3372 3372 3372 3372 3372 3372 3372 3372 3370 f3395 I , '380 ¡ 510 \¡M t 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) Public Works Special Projects Postage C/f?.EÐJT ¡Joe BACK- TOTAL JTTEE Ii In ~ü '!Jr<) f / OfY Mf' /I f \ I ~ OF APPLICANT ~ss \ IR rv CLERK I.,y PHONE I cz..c:? '300 i~ ~V Oè:J ~,,;: ø~ lC2..C¥- $ ~O- S,J ZIP 1t)'ISV P.o ~J( 7 SA :3 ) :::'VED ;~ - ~ CITY OF CAMPBELL ~~ /¡J~ y- I (2 I?- ,~ , I J r ') "'ð~ 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Department: Public Works August 4, 1989 Mr. William Carlson, Division Engineer Design Coordination Division Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118 Attn: Mr. E.H. Sullivan Re: Our file No. Lvl (5~ 1031 Hazelwood Ave. Attached is a copy of a proposed minor subdivision of a lot adjacent to your facilities in San Tomas Aquino Creek between Virginia Avenue and San Tomas Aquino Road. We would appreciate your comments. We intend to complete our review of the proposal by August 14th and would like to have your comments by that time. If this is not a sufficient amount time for you to complete your review please return your comments when you can and we will impose your conditions at the time a building permit is applied for on the Parcel ajacent to your facilities. I can be reached at 866-2163. Sincerely: James Penoyer Engineering Technician I PREMIUM CHARGED ANNUALLY , BOND NUMBER: 0438 1129 Alnerican Bonding Col11pan}' PERFORMANCE BOND -------------------------------------------------------------------------- KNOW ALL MEN BY THESE PRESENTS, that we MARSHALL M. PETTY; DAVID N. HOGUE hereinafter called the Principal, and AMERICAN BONDING COMPANY hereinafter called Surety, are held and firmly bound unto CITY OF CAMPBELL in the amount of hereinafter called Obligee, THIRTY-ONE THOUSAND AND NO/100***** Dollars ($31,000.00 for the payment of which Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement dated , 19 , entered into a contract with the Obligee for PERMIT 902-2, 1031 HAZELWOOD, CAMPBELL, CA in accordance with drawings and specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, The condition of this Obligation is such that, if Principal shall promptly and faithfully perform said contract, then this obligation shall be null and void: otherwise it shall remain in full force and effect. Whenever Principal shall be, and declared by Obligee to be in default under the contract, the Obligee having fully performed Obligee's obligations thereunder, the Surety may promptly femedy the default, or shall promptly: 1) Complete the work under the contract in accordance with the plans and specifications, or: 2) Obtain a bid or bids for submission to Obligee for completing the work under the contract in accordance with the plans and specifications and upon determination of the Obligee and Surety of the lowest responsible bondable bidder arrange for a contract between such bidder with corporate surety and Obligee, and then pay the Obligee the bidders price less the balance of the contract price but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price" as used in this paragraph, shall mean the total amount payable by Obligee to Principal under the original Contract and any amendment thereto, less the amount properly paid by Obligee to Principal. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract fall due. No right or action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of Obligee, and this instrument may not be transferred or assianed wit,hout: t,hp wri rrpn f"nn<::pnt- nF t-hp C:::I1TPt-U r--- t~;l'Y ,,-,.... '--------"'------_.._-,.., , -,--------, ",..,----- - ...., ",-, --,-----.. ,---- ,;..¡¡~",¿'¡¡¡¡:~ .¿/ ~f,!:; ff:,'" In Jt' ,OJ No'" '¡¡'" tL tt Ni\J. H ~ t !:LiL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Department: Planning' August 9, 1989 PM 89-07 'IC",,:""' AUe O~:,:":j Public Workl¡....;¡;¡...........w APPROVAL OF TENTATIVE PARCEL MAP LANDS OF AINSLEY DEVELOPMENT APN: 406-01-043 SITE ADDRESS: 1031 Hazelwood Avenue Final map thereof shall be filed with the City Engineer for examination, approval and recordation in accordance with the provisions of the Subdivision Map Act. This approval is subject to the following conditions: 1. 2. 3. 4. 5. File and process a parcel map. Pay a storm drain area fee of $1,161. Pay $5,434 in lieu of dedicating lands for parks. Install standard street improvements in Hazelwood Obtain an encroachment permit, pay fees, and post work in the public right-of-way. Avenue. surety for all the APPROVED BY THE PLANNING DIRECTOR ON August 9, 1989 / / <Þ ( -5 "'?j '1 I( 6 ;,9 i' /«. yh .<ilr/LI -/~(( ;J ( c' /(>" Steve Piasecki, Planning Director APPROVED BY THE CITY ENGINEER ON August 9, 1989 //j 1/ Iv /' ..~¡,,< ~-;f ,- ..' t------ ~,L--Donald C. Wimberly, Director of Public Works MANDATORY FINDING: This Tentative Parcel Map, together with the provisions for its design and improvement, is consistent with the General Plan of the City of Campbell. -- -' /' Santa Clara Valley Water Distrid AN AFFIRMATIVE ACTION EMPLOYER RECIIVED AUG J 1 1989 5750 ALMADEN EXPRESSWAY SAN JOSE. CALIFORNIA 95118 TELEPHONE (408) 265-2600 August 29, 1989 Public Works/Engineering Mr. James Penoyer Public Works Department City of Campbell 70 North First Street Campbell, CA 95008 Dear Mr. Penoyer: We have reviewed the tentative parcel map sent to us on August 4 for a two-lot subdivision at 1031 Hazelwood Avenue, APN 406-1-43. The site is located adjacent to San Tomas Aquino Creek and would not be subject to flooding in the event of a 1% flood. The natural creek channel alignment was modified somewhat when the concrete lining was installed in 1972. As a result, approximately 30 feet of the rear portion of this site consists of a fill area. The parcel map should be modified to show the actual dimensions of the property. The District owns the creek right of way at the rear of this site in fee title. The east and west property line dimensions should be reduced to reflect this. The site should be graded such that there is no over-bank drainage into the creek. Site drainage should be directed to an existing storm drainage system. Site improvement plans should be sent to us for our review and issuance of a permit prior to construction. Questions may be referred to Sue Tippets at extension 253. Division cc: Ainsley Development Company Post Office Box 7583 San Jose, CA 95150 PACIFIC GAS AND ELECTRIC COMPANY + 10900 NO, BLANEY AVENUE. CUPERTINO, CALIFORNIA 95014 . (408) 973,8930 November 6, 1989 RëCiIV~D h OV 0 g 1989 Public Works/Engineering City of Campbell 70 North First Street Campbell, CA 95008 SUBJECT: PARCEL EASEMENTS for Division of Land at, Lot 2 of Tract 868, Hazelwoorl. Dear Sir: No easements are being dedicated on plot plan. All underground easements will be obtained by PGandE on separate documents as property develops. Should you have any questions, please call Mr. M. F. LeRoy at (408) 725-2186 ~rery'n ~'.'...""" ~ "".-,~,.,., David Crowfoot ." .,.. Distribution Planning Supervisor CC: Civil Engineer Association Pacific Bell N.B. Rep (2G) reA^- l)o~ W, O~- ~ CITY OF CAMPBELL MEMORANDUM To: Bill Helms Engineering Manager From: Jim Penoyer Engineering Technician Subject: Final Parcel Map 1031 Hazelwood Avenue Date: January 25, 1990 ---------------------------------------------------------- This map is presented for Don's signature. It has been reviewed by reference to the following: TR 666 TR 868 TR 6051 TR 8130 ROS 263 M 44 Preliminary Title Report dated 6-2-89 APN 406-01-043 Engineer's calculation sheets The original will be on the light table when Don is ready to sign it. '\ ' rJJ 0 \ \v~ Þ\\) Santa Y-tl t~ri~ I e Company "&. 701 MILLER STREET AT TAYLOR, SAN JOSE, CA 95110 [] 320 SARATOGA AVENUE, LOS GATOS, CA 95030, ' C 4020 MOOR PARK AVENUE. SUITE 116, SAN JOSE, CA 95117 [] 700 SOUTH BERNARDO AVENUE, SUNNYVALE, CA 94087 " C 1475 SO BASCOM AVENUE, SUITE 104, CAMPBELL, CA 95008 " L 419 SO, SAN ANTONIO ROAD, SUITE 106, LOS ALTOS, CA 94022, ::.: 2600 EL CAMINO REAL. SUITE 100, PALO ALTO, CA 94306 " C 20375 STEVENS CREEK BOULEVARD, CUPERTINO, CA 95014 == 1231 SOUTH PARK VICTORIA DRIVE, MILPITAS, CA 95035 ' L 50 W, SAN FERNANDO SL SUITE 420, SAN JOSE, CA 95113 , (408) 288,7800 (408) 395,7077 (408) 985.8120 (408) 733.5591 , (408) 371,0104 ,(415) 949,0870 (415) 858,1281 , (408) 252'0600 , (408) 263,2555 (408) 286,7800 CLTA PRELIMINARY TITLE REPORT (Form Rev, 11-18-82) Subject to a minimum charge required by Section 12404 of the Insurance Code, . Todd Young 198 Shelly Avenue Campbell, California IMPORTANT WHEN REPLYING REFER TO OFFICE NOTED ABOVE, OUR NO DR 56843 . 95008 . Property Address: 1031 Hazelwood Avenue Campbell, California YOUR NO, ESCROW OFFICER TITLE OFFICER Wayne Miyahara Al Pielenz/bh FORM OF POLICY COVERAGE REQUESTED ~CLTA STANDARD 0 ALTA RESIDENTIAL 0 ALTA LENDER'S 0 ALTA OWNER'S FORM B In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not included from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms, The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached, Copies of the Policy forms should be read, They are available from the office which issued this report This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby, If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested, \ ,19~~at7:30a.m, O~~' '\'\.., Dated as of June 26 --;j Title Officer The form of policy of title insurance contemplated by this report is: CLTA STANDARD The estate or interest in the land hereinafter described or referred to covered by this Report is: A Fee Title to said estate or interest at the date hereof is vested in: MARSHALL M. PETrY AND DEBRA K. PETrY, husband and wife, as joint tenants, as to an undivided 50% interest and DAVID N. HOUGE, an unmarried man, as to an undivided 50% interest The land referred to in this Report is situated in the State of California, County of Santa Clara and is described as follows: (See "Legal Description" Schedule C attached) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: NOTE: THIS REPORT IS SPECIFICALLY FOR DRE AND MAP FILING PURPOSES ONLY. IF FOR ANY REASON THIS PRELIM IS CONTEMPLATED FOR FINANCING OR RESALE PURPOSES, PLEASE CON'fACf WAYNE T. MIYAHARA AT THE ABOVE ADDRESS FOR ISSUANCE OF A NEW PRELIM. See following ¡Jcl,:¡e for exceptions, DR 56843 Page 2 1. T~XES for the fiscal year 1991-92, a lien, not yet due or payable. 2. supplemental taxes for the fiscal year 1990-91 assessed pursuant to the provisions of Chapter 498, statutes of 1983 of the state of California, which taxes are due and payable. First Installment :$146.37. Said installment will be delinquent if not paid by July 31,1991. Second Installment :$146.37. Said installment will be delinquent if not paid by November 30, 1991. Assessor's Parcel No. 406-01-043-01 Land $27,550 PP None Exemp None IMP None 3. Supplemental taxes for the fiscal year 1989-90 assessed pursuant to the provisions of Chapter 498, Statutes of 1983 of the State of California, which taxes are due and payable. First Installment : $292.35. Said installment will be delinquent if not paid by .July 31,1991 Second Installment : $292.35. Said installment will be delinquent if not paid by November 30, 1991. Assessor's Parcel No. 406-01-043-92 Land $85,000 PP None Exemp None IMP None 4. "The lien of sUH?lemental taxe$, if any, assessed pursuant to the provisions of Chapter 3.5, <cooroencing with Section 75) to the Revenue and Taxation Code of the State of California. 5. Taxes for the fiscal year 1990-91, have been declared Assessment No. 406-01-043, Code Area 10-043 Taxing Authority: County Tax Collector Amount to redeem prior to July 31, 1991 Amount to redeem prior to August 31, 1991 Amount to redeem prior to September 30, 1991 "Tax Defaulted", $1,537.03 $1,557.37 $1,577.71 DR 56843 Page 3 6. Any adverse claim based upon the assertion that-- (A) Said land or any part thereof is now or at any time has been below the ordinary high water mark of San Tomas Aquino Creek. (8) Some portion of said land has been created by artificial means or has accreted to such portion so created. (C) Some portion of said land has been brought within the boundaries thereof by an avulsive movement of San Tomas Aquino Creek or has been formed by accretion to any such portion. 7. Such rights and easements for recreation, navigation and fishery which may exist over that portion of said land lying beneath the waters of San Tomas Aquino Creek. 8. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor of : Pacific Gas and Electric Company and The Pacific Telephone and Telegraph Company, California corporations : anchor easement : May 2, 1951 in Book 2203, Page 519, Official Records : The Easterly 2 feet of the Southerly 20 feet of said land For Recorded Affects 9. A deed of trust to secure an indebtedness in the ærount stated herein and any other ærounts provided therein, Dated : October 26, 1990 Amount : $191,250.00 Trustor : David Houge, Marshall M. Petty and Debra K. Petty Trustee : Ticor Title Insurance Beneficiary : California Security Bank Recorded: November 7,1990 in Book L 533, Page 1451, Official Records : P. O. Box 21366, San Jose, CA 95151 : None shown Address Loan No. 10. DR 56843 Page 4 A deed of any other Dated Arrount Trustor trust to secure an indebtedness in the arrount stated herein and amounts provided therein, : November 30, 1990 : $119,000.00 : Marshall M. Petty and Debra K. Petty, husband and wife; David N. Houge, an unmarried man : Ticor Title Insurance Company of California, a California corporation : Todd Young, a married man, as his sole and separate property, as to an undivided 50% interest; Edmond F. St. Geme, a married man, as his sole and separate property, as to an undivided 50% interest : November 7, 1990 in Book L 533, Page 1456, Official Records : 198 Shelley Ave., Campbell, CA 95008 : None shown Trustee Beneficiary Recorded Address Loan No. No statement is made as to the priority existing between said deed of trust and the deed of trust recorded November 11, 1990 in Book L 533, Page 1451, Official Records. NOTES: a. "On or after July 1, 1985, the County Recorder's office will charge, in addition to the regular recording charges, an extra $20.00 recording fee, unless a document evidencing a change of ownership is accompanied by a Preliminary Change of Ownership Report. In lieu of said report, signed by the transferee, the Recorder will accept an affidavit that the transferee is not a resident of California. Title billing will be adjusted to reflect such additional fees when applicable. b. If this company is requested to disburse funds in connection with this transaction, Chapter 598 of 1989 Mandates of the California Insurance Code requires hold periods for checks deposited to escrow or sub-escrow accounts. Such periods vary depending upon the type of check and anticipated methods of deposit should be discussed with the escrow officer. DR 56843 Page 5 c. If a 1970 ALTA OWner's or Lender's or 1975 ALTA Leasehold OWner's or Lender's p::>licy form has been requested, the p::>licy, when approved for issuance, wlll be endorsed to add the following to the Exclusions From Coverage contained therein: Loan Policy Exclusion: Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this p::>licy, by reason of the operation of federal bankruDtCY, state insolvency, or similar creditors' rights laws. OWner's Policy Exclusion: Any claim, which arises out of the transaction vesting in the insured, the estate or interest insured by this p::>licy, by reason of the operation of f~leral bankruptcy, state insolvency, or similar creditors rights laws. d. No known matters otheThlise appropriate to be shown have been deleted from this report, which is not a policy of title insurance, but a report to facilitate the issuance of a policy of title insurance. e. For pI..1.lp)ses of policy issuance, no items will be eliminated on the basis of an indemnity agreerænt or other agreerænt satisfactory to the company as lnsurer. f. Prior to the issuance of a Parcel Map or Subdivision Map Guarantee for the County of Santa Clara, this Compa.ny will require a copy of the tentative Map which is to be recorded for examination and retention in our file. g. No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions provides coverage for environmental protection. h. There is an additional $10.00 fee for recording a deed with a Legal Description other than an entire lot on a recorded final map. 1. The following tax amounts are for proration pI..1.lp)ses only and are not an indication that these taxes have been paid. Taxes for the fiscal year 1990-91, shown as follows: 1st Installment $1,356.09 2nd Installment $1,356.09 Assessor's Parcel No. 406-01-043 Land $200,000 IMP $50,000 PP $0 Code Area 10-043 Exemp None j. Supplemental TAXES for the fiscal year 1989-90, a lien, shown as follows: 1st Installment $374.24 Paid 2nd Installment $374.24 Paid Assessor's Parcel No. 406-01-043-91 Code Area 10-032 Land $59,460 IMP $10,895 PP NONE Exemp None LEX;AL DESŒIPrION: "SCHEDULE C" DR 56843 All that real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: LOT 2, as shown on that certain Map of Tract No. 868, Santa Clara County, California, a subdivision of a portion of Lot 2 of the E. N. Parr Tract, which map was filed for record in the office of the Recorder of the County of Santa Clara, State of Callfornia on July 3, 1951 in Book 33 of Maps, page(s) 54 and 55. EXCEPrING THEREFROM the Northerly portion of said Lot 2, as described in instrument recorded February 19, 1971 in Book 9225, at page 107, which conveys said portion to the Santa Clara County Flood control and Water District. ARB No. 405-9-81 ,\ ..:LVIRGINIA otncE or COU"TY ASSESSOR, , , . 'SAIITA CLARA COUIITY, CALIFORNIA, ' ~ I ' (;;\ ~, [N, PI.RR TRACT I . 0 0 It II .. I. ,[ I TRACT NI~28'..VIRGINI" MANOR C[ , ~ _._----L~-WA~D~~~ -... --- 406 " ~L, ,,"~~ 1 R,o.S,2/8/4$'- ~m' w - T. $, ", """ '" "" ", ", ." 70' . ..", !06 ",91 , '" ." '. , ' ", ' - 7 . ¡¡ 7S 7S I 7S I 7S I' k." ~I 80 fa ,', , , I I I I ' " ,"',: "; :1 ,I , I I I' I ~";' ~ B =J :,,:':'::',1-8100', " :::1 S ,6 I l' I 8 I 9 I /0 I 1/..1 /Z:: "!If $/ ,Sz' 'It; r ' ",', , " ',". ' - -: -- I - : - 1 - : - , - l -: .. - --co - ; :- '"~. '." ';', ;:,::.~>,::;~ .,.. ~ 'Of'1 \ Z La I 4 I, I \ SIT I . I. ....," 1.! A ~ II ~ ~. .., IIJ.., '. .' , ~,':~ ",'~i' :::,J,:"'"~~' c;"'7I.~,1¡1 -' .I I I I 115 ~' ""'" :;;'>'~""', :"",:",,',.;-:-I!~' " 'It.,. "7,74 ," I/U7 I "..~ I I "'1 I ,-- J II! -- 6 " c(" . ' , ,~:, ' ""'\',~,IT, 20 '~lIhIItIZO:ZI,IZZIZS,IN ~" "".,; ~~. -\ÜllO'.se:-\, ",;;"""",: 0... - ,~ =t.J I 11 õ..~ '\6$ 718 ':, "!', . {'!J! ~I /82'1/1' 1'/6 I /S ",;, n'; ..' ~ 12, ~- I ,,',', ~\f-.~ - - I - - I - -. -"... "'...!i! ~ 21 I '" ~",. . ~""-~s I.:> I I I I I ----~...~ ~ ¡:fi!:¡€1! ,,',,' ,,', ; .. I'S- 2/ ~." ~H! ,I. !oil "-!;Ii " so 61 4S ,~... ,... _1- I ",' .' If> "~ - ... '" U ... 04' .u ,. ". .....~ . ' . " " ' % It',S~'" - LOUISE, TRACT N!2940 CT" :1 =: <IT ,I~ ~4 H >~~ -.,- I -Nt' TRACT N! 8130, ;' :. """, " ," ~\ -r~~ -- c.., CAMEO LANE' .. .. - ~¡ \....s.-1J1>8J ~I ' . ,;.,,:.. ,..;, '~ ...""" ,., '" .., ,.., --"'L._~ pvr DP/v£ :: - , -;':',; ",~~ .." ,~ .'; 1!!" "' ~ 4'-1 ,,50 '1.50 HiD "R:) 4iO ," -----:- i;h (IMrCL!7L.t-'ïr " " ',,"';. ,:,"-; ,.'}~~" /41,41 'ir 1 I I I " 6t1 "~1OTlOtj....--- ...', "',;':.'~: -", ~ I ~ 2\ :I - .. .~3-'~ lit, 1': "",,":':..:: , -, ~' ,..I 24~ 25; 26-1 U¡I 28g! n;: :~ '!! M:: "~"""'~~I'~~:aB ll.. ' ,":'<',';',: ""',',',~,',"'" ':':""",:,: , 'ID~-~I---~I- -'"1-~ tf,,;.o- / 9 ~ " ."'VJ'-':'oi!'--!-',;:"";""'~ -" -'13IIZ,"IIOI' '.... ~....",. ;', ,',--'" c,',.""" " ~ 14 I ---- 6!1 -~ ..' . ',,'_. " .. .' ':~ ",:Þ?15 J .. IO..lU AI IS -~. , ,";' ,,'X""."-'ii' '. 56,.... ------ - ' ,'," ,.'"" '~? ""'," J.-sL.~.!ïr» * 115 :t-, ,~F£ .. ~ J 70 I.. -. ,; -,.-:..::, ~'-;",';':"" .,'!< -ëS:'" -" ,.. T :: ' :!:- UI $ ~; ~; , : ' ,",' ' ,- ,;.' " ':" ~ ", '" ~I. $0::" . 2 ~ ~ .. ,', ':.,','>,:,:,:':,;:'- \{". ,~ ~ I~ ~ 1 -..: Bot ,..", . " 'c. ' " ,"- ~~ 5 ~'r" 1 J---î-.... "', ---T--, is' "", '.' - ,..:. - ',:or ~ '< " 1::: r' I ~t..~-¡n,¡¡;iJ 'D' IS', 17 1 18 I ,. I zo ¡' 14\:' '~'.~~ ' ~ ,~JJ~5IZI' I I 1" 1'- ,\,J " -....lttk';'"!""~ '¡':: L I I 0"'" ," --'" 0 » :' ~ ...1 õ' ': ~ e €! I !P, ~ ~ ~ '" taJ "t'.4'$T~_' ;--I-~IV,^, - I I I I' N "OJ - ~- I I, ,I I I I c( 47C~HUS ll.DS Q 4Ç æ ' .' 7S 7S 7S ,01 X IZD4ð IO'~ 06"'" ,.." .""., U, r4" ,., CRAIG ':: ' t¡-AVE- + ¡:: ".., TACT N!666" ,VIRGINIA MANOR"UNIT N!2 : .. ~ ~ ".........)~ 7S .!~.- ,"'- -,..~' -2' / ~,Z7 I' I I !V ' I . iJ I I..I¡; Ÿ' , ~ 40 ::II ~ ~I .g ,.. I J / 39...U - - - . - 1 I I ~ / zz - ZS I 24 I Z5, ""7 c.... r" '7S,.O -'" ", ¡,... ,.. 0 .. 0 N, > , 9 ~;;> ~ ,~ . w \-------3~'J7------- N ';~., , .. < ""'\L." I 44 ~, J: ..!. ~ - ' ~; .. ' I 3,;.. !' , 21'< !t \ I -::Cv.::~- ---0-- CT- , , . .. ~ ~ ;;,.. ", " 1. . Th,. 111« ;" for infOl'matkJrl only anff is not a ~ 01 .,.. lend, fI'D' i8 it . pert 01 the report orpohoy ., wIwNt " may be attached. SCYWD - TRACT N! 868 CD ~--:-~J,j'¡;¡~~ ,/,01","", ~...ft,nT~=;>' : :,,~TW£""Tt.""'<M""~'~"'~ , 'AI.':R[,~ t:.~ÇI,RLS~":,J.~~~",,; 3 :3 (J57'r~; '- ~.~-- "otor~ ublic in 0 for In. Count~ of "'n'" Clara. ~tot. 01 California, , W. hereto¡ ctrtilq thol ... are tht """".. 01 or ho.. .."'" ",hi. tIll. ~r intt..,t In ana 10 In. reoJ proptrly inrluatd "ithin Iht sub- divi..on shown upon thi, mop, ana thot "" o"lhe onl~ penons "ho.. [nnstnl i, nr"sson¡ 10 po" 0 cltor litlt 1o said p"'ptrl~, and ... ran' ><nl to Iht mokine¡ 01 said mop and subdivi,ion os shOwn "ithin list bordtr Ii.... and h...to¡ atdicott 10 DUbI;c ux Iht Avcnuc ,ho"n """" 'old mop wilhln SDid ,ubdiyi,ion Wt 01,0 hereby dodieott to public lIS< Ihc ,trip of land d..i,naltd .. 'rt,tr..d lor fulure public '--' boon, one loot in "idth or"", Iht end 01 Ho,ol,,- Avonut, .......d "clu,i..,~ foro""',, of lol, in '.,d '~bd..i,ion unlil on additional ""p 01 lonaod;oini",! ,it lorlht ,,'tnsoon o!so04 Ayonue" o"tpltd b~ III< 8oord 015optr...o" oftM Counl~ 01 ~o",o Clora, &~- øvA../'ß.< ~1U+- /~= ~~, e. 'ß~ ,711u.-rf,f~ - .¡~, ,Trv,l<r"""'dl...'o'T..,,',.cordtØ"""" J! on"""'," '^. J... Aun"" ITln. '"'uo"ncr Co, 0 co'!"',"hon,Tru,t.. undft" o..::t'~"'7.'/r/O""" ""0,"""" ""o,un, ., ,~ _c.~~ Vice, .....,.0..,,'""4' ,",.,.." .Q,,~ -w, '¡'.:.._: T'v,I.. und.,.<tO 01 T,." mo"'" 0/10/"" in 117' ...", rlO" a,O.ffO Co,.,."ny, °""""""'0°. T'.".,vnd., DuO.'T"'" L _...,0 11../",.. i.o"" 0,0 ..., ~f ~f::.- ~,~t.~ n Slolo of Co"fornia I s.!. :' . Cou.l~ of SanIoClo.. ,/;)' , onthi'fÞ1!dOt~~5,btl"'..n. ~~ 0 "oton¡ PublK In 0 for lho COUfI~ 01 "'nlo ( ",3/øI, øI roli"" nio,re'idinq Iht...in, vly <'Omm;ssionnf ona, m"...o...". j opp.....d 30"" H.[).." and 5.II,T_brid.. re,pedi..~ k"""" ' 10 me 10 bt list Vi« Presiatnl - Assi,Iont 5«..10"1 of finl " :;:~j~ ~o;;":i~i': i~~:~':~t ':r':;~:~;,::; ~':~~::::.... 01,° ~"""nto me to'" lhe 'melar~ and Vice ~>id...'01 lionnr In..,lo,., ",.i"'l' ona loon As..cio'ion,o <'Orc",'ion, 1M "',.,..., :~::"':::':~C~tr";~~~n ~~'~::'~:a":he ;:~~~1;.;:'", or list ",rporo/;on> namod lhe",in ondo<~mw'ot1q<d It me lhot. ' ,uch .....porol;"'" t..culed the 3O- 0' 'rvslu arid _ficion¡. ...,peel;...y, pI WIT>f[" WH[< [or """ "'..unlo 581 ""I hond, and D(f1>td m~ offICial ,...¡ "" a.y - .,.. " ,nth"cerlrlrcøltf",to_,,""'" ;'." -7Æ~~(1,~ " . "otor~ lic in and for tho County or "'n'o Clo..., , '¡ r, "ott bf olifornia, ~ t-...;....;.., r ¡.Q.w.. ~/'.~ SloltofConfomio 1""- ... ' eo.nt~ or "'nloC1ø... ' , On Ihis...~~ of ,I%.-.. "".l>If.,.... 'lI.'foL~- I...... ° Noton¡ Pub/öc in and fir tho CO<lnt~ or 'onto C'Io..., "olr .r Col, ifornia, re,idi"'l thr..in, du~ commi"io""d ona3wom,..rsøno~ lyopp'oredJ,~,Go.....ron '~ -~ J~~~w,:,Iometobt",. prnom "ha'e nom.. 0'" ,ubsc..bed '0 the w,lhon In,lru....nt os I,.".., ond ockno,,'taq,a 10 me Ihot the<¡ ",,"ledthe so..., /H "ITHUS "H...ar hove hereunto ,.t ""I ""n', ond omud m~ officio' ,..1 tho do~ and ~..r in IhlS c,rtilical. fi,.,t ,bo., written, , ~~ 'i' .I, ¡ ,; . Stot. 01 Colifornia 11,S, C..nl~ 01 "'nto Cloro On thi.~do~ 01 ~"~I, "'fo... me.ßLLop;us.. 0 Notar~ 'Public in ana ror lhi! Count~ of "'nto (10"', "olt of CDllfornlo:"",idir1o Iht..;n, dvl~ commissiontd ana S"O"'. ~trsonon~ appoo""d Vernon 0, Wolk'... E..runt Walker, Ctdl a t:~ ":bt '1~~rd~~;;"~;~~~~~~~~~~rt~"':~tU::m:'- in in,lrumtnl ond acknowltdqtd 10",. thot lhe~ .."utedlhe :IOrne, IH ""/1E,, WH,.,or, ,no... horeunlo ""'"'1 hond onoofli.td m~ official s",,1 Iht ao~ ond ~'or in thIS Ctrtificalt f",t oboyt writlrn, 0 +. '\~,¡ . : , Stolt Of CDlffornio Is-,-' . (oun'~ 01 Sonlo CIa", , On thj'~da1{of~I"'"",o.. .....JJL.ú".ouL 0 N,oto"l Public in ond 10~ Iht Coun'~ o~ ~qnlo CIo"" Slott of California "eSldinq tht..,n, dulH eommlmontd Dnd SWO"" p..sonoll~ opp,orcd I..."" M,Goirauo, kno"n 10 m. 10 bt ,he p....n who,. no... " subsc..btt1 to Iht ,,¡Ihin in,lrumtn'o, tru,'o. ona Dck",,"'td 10"" lhot,he ..rcultalht so",.. '"WI1H"5 "H'ArOr,lho.t II<reunlo ..Im~ ho,na 0"" oHistd m~ officiol ...,1 Th. do~ ond ~..r '" 'hIS ccrlificot, fi,.,1 above "rifttO, , , :~ i "S :ßr-~-- - M'o'~ Pubïic¡'70~nly 0' \onlo Claro, \Iott of ColiforniD, .' I I Ii 1\ :¡ if !' " : P,on£[o In.."o., S"YlnG' 0." lo"" "SSOC"Tlon, 0 corr>O",tian a'."i"O', und.. 0... of T"", ~<Or.'"~h"'" '>;1':'}';r ~~ --~- 'oe, a.." ,nl 5«re'o"!, Hot.'~~ Covnl~ 01 "'nlo CIa", Sto't óf California, 1.-, ...., ". -----,-"'%""" ì , .; (' j '< , ') '" tl \Iolt 01 Colirorrio \!.1 (ount~ 01 Santo <10"' On thiL2.~ do~ of ~"~I,bolore",. PAl In!l'4m a "otorq Public in and for tho Count~ 01 \onlo Cia"" ~Iot. of Col;lo,n,., "sod;",! Ih""n,dul~ commi"io""", ana ~J!O.rn, p.nonoll~ o.o<o",a "" Hilton, kno"n 1°"'" to bY Ih.!',"".', Iden' o",,'C J Clork, kno"n lomt to bY the S"...lo,~ 01 tho Son Jo,. Ab"roc' ",11. In,u'oner Co.. a, Calilornia co'porotion, Ih, co,poronon thot <aceulwd Ihe ",Ihin In,trumrnt 0' "u"" ond known to mr 10 bY the p..,on, "ho "...Iwd lhe >om. upon bYho" Or lhe CO'/o",ll.n nom.' th...in, a"" ock, no,,','.'" 10".,. thol 'vch co'porotion ....ultd Iho >om. 0' tru,t.., '" "IT"'" ,,",oror,' "0" ht..un'o ""'"'1 f>ond ond ofl&.td '"'I of/ociol ..01 Ihe ao~ ond qror in thi, ..rlilocol. f,nl aba.. ",ill.n, ~ -;-;"','01'."...1" .,.I;,rr,'~""i';')"1il!l"!ISI1J'¡.1 "1,,""", ",f ~ '-IrJ:;, '/'0(" ill If I! f)8r~ ~'f ','¡It ".m)"! ~' ,~,J/+n1. r ~ " -, ÞOt /ltt1Io.'J"'ed TRACT NO.868 i .:~Pu~f:';:' (.unl~ 01 "'nloCIo"" ~tolo 01 Colifornio, SANTA CLARA COUNTY CALI FORNIA A SUBDIVISION Of' A PORTION OF LOT 2 OF THE E,N,PARR TRACT MARK THOMAS & CO, CIVIL ENGINEERSL5URVEYOIIS JUNE '851 729:i1:2 SH[r:T r or Z SHtETS ~ ~ -t. LC) \, i , ' I I ., , ; , II ~~. l1 :. ~~ \ ~, ~~-~._" . .-- " Aldo P, SO,;', hc..ioo¡ "rl;(q lhotl om 0 -"Ii....... Ci.n ~ng't...t... I'" Hol. 01 (ol;romic ¡ thol thoS mop co.rotHq ..pro~nl. ° s""'q mod' undo. mq ._~ .i.ion in June "51, tholl", """q i. In<! ond com""" os sh....n;lhol 011 Ih, monu,",n" .ho"n I""unoctual, :~:r' :~';.;';::':::::'~~'~::~~f~¡:¡t~;O;:~~~::;; ~ 10 bt ..,- C2<...~~- "gi.lt"" (i.iI Ingin... Nt ,"I, ."""'" "lL1I1 ~II,';:'!'.I"!~13"'~"" "CS"'I":I""'~"-;¡¡II¡¡'In¡ [~~~'?iiJ~j?f~SV;t~~~;:,~:~~- '~'~...J 111"11"1,,r,,,w'IJIJI,,~u~ili!:!JJ.!wl!.!,l!.!.!,!.!.'huJ.!.I.11 t.I~ Th' bto.òng of Ih, ronl,dine 01 Hotl"""¡ A"n.., OS sho"n on mop 01 TI'OC' """,,«o"'rd in eoo. ,.., Mops, poqt SO, "'" u..d 0' bo.i. "boo.òngs sho"""'" Ihi. mop, All disto~s ond di....nsòons 0.. .ho"" in Ieol and d"imols 'he...ol, ..". blue be"'" ind;col" "" beundo.i.. or tht' lond ,ubdi.idtd bI¡ Ihi, mop, . . Indi,ot" ~'t"'" pi.. ..I,unl... o""""i.. nol.d, -d .-- Tho _lion 010 nqhl,ol'_q fo.o pi,. ¡i....oems °, nto. t'" ""I..lq boundon¡ of """'i.i,ion eonnot to. d.l..m;n<d I..m 1"1°1 d"cnphon ond " I",...for not .hown on Ihiunøp, pO' .." ,...ef1 Go'" ,;,',,;' AU ~,?'/, ,~... ~.._..~..;,~~ /' ~. ,! . ..~ --- ;, _so' i - .' ' [. ~ ! ~ ~ I ~ ¡ zll~ '> ':; " .. ....~...ui- '" ,-,u ""- 'u'--,--- 0' ,_.. :; , .._---- 33 ~s ¡¡I:Ss . - . I ".Ii(q lhol I ho.. nomi..... the Ii",,! ",op or Tns<t Nt ..., lhol rIte ",bdi.i.. ion o. ,ho"n fhe...on is sub,tontiollq Iht so.... os it opPft'rtd onlhe r.nlo'i.. mop 'he..of end 0"'1 oppO'OYtd oll...,tio", , lhol 011 the pro.i,io"s or 'he Mop Act end 01 onq local omino.... oppliroblt 01 the Ii.... or oppro.a' 01 ,he 'pntoti.. mop ho.. be.n compli'" "ilh, end Ihot 10m sot is lied Ihot ,aid mop i. _. niCollq corrrcf. Ra.,," e, ('HAMOL"', (ount~ Svneqor, SonIa noro (""'nt~, ('o'ilomia, ..t,d,..w'y,~¡'$I'h'" bo¡.I~.. hh....Dtput~, " i, o"'e...d thot Ihe mop 01 Trocl "' 868 be end rho so.... is he..bo¡ oppro.., thot the A..nup ,ho"n upon saOd mop ond the..in offe...d lo.dedicotion too_' 'he sa.... is not he...bI¡ occept'" '°' tho pu'po.., 10. which lho 'ome is all...., fo. dedi",lio", The Clor. ollhis eoord i. di...cltd to.ndo.... upon the ("". 01 ",id map a """I of this 'ord.. oulhenlicotod b~ the...,1 of ,he eoom 01 'UporvilO"', I he... bI¡ (p,'il~ thol lIlt lorogoi:;? ":1:,r...,s adopted b~ the eoo'" 01 :su".... Tison ot 0 "",otine¡ of soid eoord he d '~7'..:!.....,I"1. t:, r. Md;.... ,C'ou"lq nprk ond h Omeio ('/..k 01 fI,. IIoord at Supe... .ison 01 the C'ounlq 01 Sonto Clo",,"a'. 01 ('alilomla, 'i, AcCtZ,~JI~~~<ard end ..,amed in !lOOk,',', or Mops, Pog""~~';ïn'he ~~~;O"'~I:~~~I~:~~"'O' oil'" C'OU"'~ Dr Sonlo ('/0<0 Ihis,","'-...da~ 01 C'nA',A,PAyn", ('ounl~ Record.. 01 lho C'oun'~ or So"'o Claro, ".:s-; ~.~~--,_OtPuty, " ThIS pl8' 1& for informatIon on1y amI IS nor a survey 01 ~ /aI1d, nor ¡a H a parI of the repatf or rxihor 10 wftrohl' mer be attached TRACT NO.868 SANTA CLARA COUNTY CALIFORNIA A SUBDIVISION OF A PORTION OF LOT 2 OF THE E,N,PARR TRACT MARK THOMAS & CO, CIVIL ENGtNHR'.. 'URVETORS SCALE' IINCH -100 FEET JUNE '851 SHUT lor l '.UTS, ~ ., --'--.-'- r)1 U1 -: ,,----/ EXHIBIT "A" AMERICAN LAND TITLE ASSOCIATION and CALIFORNIA LAND TITLE ASSOCIATION EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expe~ses which arise by reason of: " (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting. regulatIng, prohibiting or relating to (i) the occupancy. use, or enjoyment of the land; (i~ the character. dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part or (iv) environmental protection, or the effect of any violation of these laws. ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy, (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge, Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered. assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy. but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street Improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage U nenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy. or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated, Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof. which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law, Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services. labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the Indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance, Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy. by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, 2, 3, 4, 5, 6, 7, CALIFORNIA LAND TITLE ASSOCIATION EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs. attorneys' fees or expenses) which arise by reason of: , , Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records, Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings. whether or not shown by the records of such agency or by the public records, 2, Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof, 3, Easements, liens or encumbrances. or claims thereof, which are not shown by the public records, 4, Discrepancies, conflicts in boundary lines. shortage in area. encroachments, or any other facts which a correct survey would disclose. and which are not shown by the public records, 5, (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the ~,tters excepted under (a), (b) or (c) are shown by the public records, NO, DR-56843 LlABILfrY $1,000.00 FEE $ 300.00 050048 30000725 CmCAGO TITLE INSURANCE COMPANY a corporation, herein called the Company, GUARANTEES COUNTY OF SANTA CLARA herein called the Assured, against actual loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABll..ITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with res~ to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. Dated: cm CJfft.:J ~~ By Authorized Signature Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guaran- tee, If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Issued by: SANTA CLARA COUNTY TITLE COMPANY 701 Miller Street San Jose, CA 95110 ( 408) 288.7800 Form 2626-R, 1/74 CLTA Guarantee Face Page (Rev, 6-8-71) / SUBDIVISION GUARANTEE Order No.: DR-56843 Issued for Santa Clara located. the benefit and protection of the County of and of any City within which said subdivision is After an examination of the Public Records which, under the recording laws, impart constructive notice of matters affecting the title to the land hereinafter described CHICAGO TITLE INSURANCE COMPANY hereby guarantees, for the benefit of said County and City, in a sum not to exceed $1,000.00, that as shown by said records the only parties having any record title interest in said land, and whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of the Subdivision Map of said land and offering for dedication any streets, roads, avenues and other easements for dedication of said Subdivision Map are: OWNERS: MARSHALL M. PETTY and DEBRA K. PETTY DAVID N. HOUGE The Map hereinabove referred to is described as: PARCEL MAP BEING ALL OF LOT 2 AS SHOWN ON THAT MAP OF TRACT NO. 868, RECORDED IN BOOK 33 OF MAPS AT PAGES 54 AND 55 SANTA CLARA COUNTY RECORDS, AND LYING WITHIN THE CITY OF CAMPBELL, CALIFORNIA. Dated: Issued by: SANTA CLARA LAND TITLE COMPANY Countyof Santa Clara Tax Collector Tax Roll Control Division County Government Center, East Wing 70 West Hedding Street San Jose, California 951 10 (408) 299-3671 (408) 287'2441 FAX Statement of Subdivision Security To be Posted with the ClerK of the Board of Supervisors Prior to Map Recordation Santa Clara Land Title Company Wayne Miyahara July 24, 1991 According to our records dated July 19. 1991 , there are no unpaid County, Municipal or local taxes, or speciaì assessments collectible by this County, or taxes or assessments against the land within the subdivision or parcel designated as: 406-01-043 or against any part thereof as shown by the assessment rolls on file in the Office of the Tax Collector, except taxes and special assessments collected as taxes, which are not yet payable. For the Tax Year 1991/92 , the security required to be posted with the Clerk of the Board of Supervisors prior to recordation of this parcel or tract map is as follows: Type of Security Cashier's ChecK Regular Tax Supplemental Tax 4,950.00 0 Total Security 4,950.00 PassbooK Certificate of Deposit Letter of Credit 5,370.00 0 5,370.00 Surety Bond 5,790.00 0 5,790.00 The amount of security for taxes specified above will remain in effect through October 31, 1991. If the parcel or tract map designated above is not recorded in the Recorder's Office on or prior to this date, a new certificate of tax clearance must be obtained. This letter does not include any assessments for any assessment district; liens or otherwise, not shown by the assessment rolls or other official records of this office. Emma L. Rock Tax Collector By: wpl/kth ~ --- "--, -,--- --.. '-'-"""-- ,.., , Title Company 701 MILLER ST at TAYLOR. SAN JOSE, CA 95110 . (408) 288,7800 . FAX: (408) 275-0824 l.c;llVliP DEC 201991 December 18, 1991 ,.". WorbLEngineer.lD9 City of Campbell 70 N. First street Campbell, CA 95008 Attention: James Penoyer Re: Petty/Houge Parcel Map Dear Mr. Penoyer: Please find enclosed herewith a conformed copy of the Declaration of Covenants Regarding Grant of Easement and Acceptance of Easement. This document recorded December 17, 1991. If there are any questions, please give me a call. ~inc el~' /~ ~~" ~~'" ~- ~e To' lyahara DRE Department Manager Assistant Vice President encl. cc: Marshall Petty David Houge Jenny Silva - MO 61680 ,0' l;tH~~ ~"~t~¡'f,~Vi tU ~Upy , WHEN RECORDED MAIL ~ Jri Marsball ~,petty ¿,t /,,1 1691 Merr1ll Loop ~11 Jfl San Jose, CA ~;/~j/ ~-/- & ,&\ OC 0 rm\1ßD A nON ~nU.ìr REC FEE '-- RMF '""' '"" MICRO I RTCF I -,~ LIEN S~,~PF . T('.lp~!~ '.1166751 :"'. " ::: " Recorded at the request of SANTA CLARA LAND TITLE CO. DEC 1 7 1991 8:00 A,M, LAURIE KANE, Recorder Santa Clara County, Official Records :::, ..', ,,' >..: " :- ::> , ' DEÇLARATIO~ OF COVtNAN~S nsGARDING GRANT OF EASEMENT AND ACCEPTÞ.NCE OF EAS:EHENT , , These Covenants Regarding Grant of Easement and Ac~~¿rnce of E~ment is entered into to be effective this /¿}~ day of ~n7ßðL , 1991, by MARSHALL M. PETTY, DEBRA K. PETTY and DAVID N. HOUGE, hereinafter referred to as Declarant. . . Recitals , , A. Declarants are the owners of Parcels 1 and 2, as shown on that certain Parcel Map recorded August 7, 1991 in Book 629 of Maps, page 34, Santa Clara county Records. , , ',: ", " ;:: B. Declarants have applied for a permit to improve said Parcel(s). " C. Declarants by this document intend to bind themselves and any successor owners of said Parcels land 2 to an easement to be located as described in Exhibit "A" for the purposes described below: NOW, THEREFORE, it is agreed as follows: .;: '/' 1. Declaration of Intent. The undersigned hereby declare that Parcel 2 shall be sold, conveyed, encumbered, or leased, subject to the following easements and coven- ants, which shall run with said real property and be binding on all parties having any right, title or interest in the described property, or any part thereof, their heirs, successors or assigns and shall inure to the benefit of Parcell, and for the purpose of ingress and egress only. , , .. , , " 2. Location of Easement. See Exhibit "A" herein. 3. Maintenance of Easement. Maintenance and upkeep of said easement shall be shared by the owners and successive owners of Parcels 1 and 2. 4. Covenants Runninq with the Land. It is the intention of the undersigned that the foregoing Declaration is and shall be a covenant running with the land and its successive owners. , ' "- ", DAVID N. ... ,,' Slate 01 t:álifornia Santa Clara '" County ,,( On Decem!:.er 9 I 1991 before me, (here insert the name and title of the officer), personally appeared f-1arsha11l1. Petty and David N. Houge personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by hiS/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand ".,.,::.~';,.,'",,~ - ( ,,<'-:'~, OH!CIAL SEAL ,,' ,;"",.",À D';'~i~"lOR ~':J_"""'\.':";' :01:~,~.r.f , r,"':': ';ø" ~'.' . "-'~',- , ,~-..,~','/>.: ;.I'J:Åd"l.~UC.CAUFORNIA : ;, <:~'y' S,ì¡~Ti\ CLilPJ\ CCUIITV [ < ... ~~ ~1y Cor:.¡;-., EX;Jires A~g, J, 1992 . ---"""""""~V"'...'" Signature Print Name (Seal) E-47 -'~'~',' ." "~'~'~--""'-"""""""""""""""""""""'," ,',,',"""""""""",',','.',",'.".",'.','.",',',',',""'.""",',",',',',',",""",',',',',',,",' .,,', ',' Slate of California Santa Clara County of On 12-10-91 D:>ra Taylor before me, (here insert the name and title of the officer), personally appeared Debra K. Petty personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument aÇ1~ acknowledged 10 me that he/she/they executed the same in hiSfherltheir authorized capacity(ies) and that by hiSfherltheir signatures(s) on the instrument t~ person(s), or the entity upon behalf of which the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hanfàr~ official Signature ~ Print Name D:>ra Taylo OFFICIAL SEAL DO~ TAYlOR NOTARY PUBLIC. CALIFORNIA SANTA ClARA COUNTY Ptrt Comm, ExPires Aug, 3. 1992 Seal) E-47 '. ",. ' '/ .. ....,~----....,--,-.. '.., , ", ,",'.'.' , , , , ' , , ,...-"" "'.., , , , /' ,'/, ,,', ,"'" , ,'" ",", ',,', ............ '" ';"T"'" 1 \ .. City'of Camþlwll City Council Report Item: 11 Category: Consent Calandar Date: February 18,1992 Title: street Improvement Agreement with Petty' Houge for 1031 Hazelwood Avenue (Resolution/Roll Call) RECOMMENDATION Adopt the attached resolution authorizing the Mayor to execute an agreement with Marshall M. and Debra Petty and David N. Houge to install street improvements adjacent to 1031 Hazelwood Avenue. DISCUSSION On August 9, 1989 the City granted conditional approval of a parcel map (PM 89-07) allowing the owner to divide one lot into two at 1031 Hazelwood Avenue. One of the conditions of approval required the owner to agree to install street improvements. The attached agreement obligates the owner to install such improvments within twelve months from the date on the agreement and to post a surety to guarantee construction of those improvements. F¡SCAL IMPACT None ~ by.. J\I\ \ Prepared by: l Approved ~ . Te h. Pub. Wks. CITY OF CAMPBELL MEMORANDUM To: Jim Penoyer Public Works Department Jan Hemsle~ Deputy Cit~ Œlerk Date: February 19, 1992 .'C"VIO "'£820 1992 Þc4lic Wor1clE . Debra Petty a~rlftl From: Subject: Street Improvements - 1031 Hazelewood Ave. - Marshall M. and David Houge ---------------------------------------------------------- At its regular meeting of February 18, 1992, the City Council adopted Resolution No. 8242 authorizing the execution of a Street Improvement Agreement with Petty and Houge at property known as 1031 Hazelwood Avenue. Please find attached certified copy of this Resolution. The Street Improvement Agreement will be executed by the Mayor and City Clerk and a certified copy of this will be forwarded to you in due course. Please let me know if this Agreement needs to be recorded. ~\Q.Q.4"l\l~ ~c.lokLl . RESOLUTION NO. 8242 BEING A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PETTY AND HOUGE FOR STREET IMPROVEMENTS AT 1031 HAZELWOOD AVENUE BE IT RESOLVED, by the City Council of the City of Campbell, California as follows: 1. The Mayor is authorized to execute an agreement with Marshall M. and Debra Petty and David Houge to install street improvements at 1031 Hazelwood Avenue. PASSED AND ADOPTED this the following vote: 18th day of February ,1992 by AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers Kotowski, Conant, Ashworth, Watson, Burr None None Approved: /s/ Donald R. Burr Donald R. Burr, Mayor ATTEST: /s/ Barbara Kee Barbara Kee, City Clerk , "lENT IS A TmJË ~Ë FORf'"OING IN~~ ~ ',HE ORIGINA1. "'0 C;"YiECTGOP,'I'" Po. ..,.,' ,"'s "..f,CE, ON FILe" " CLERK ,-T, ;',,-,",',\ O,:"~KY:(',ITY' , ~: '~~¿j ~'ö C\ Q<-Vi.. (~~\~~(\~.- --- D:,IED- --,"\ , Mil... II: "" '" 'è '" '" '. ; .. > . .. .. c I IT W ! SiTE , , I 1 ( " ~ /'TtA¡'£fiï' (:11)' of Cmnllúf'1I City Council Report Item: Category: Consent Calendar Date: April 20, 1993 Title: Deferred street Improvement Aqreement for 1031 and 1033 Hazelwood Avenue (Resolution/Roll Call Vote) RECOMMENDATION Adopt the attached resolution authorizing the Mayor to execute unsecured agreements with Marshall and Debra Petty and David Houge to install street improvements adjacent to 1031 and 1033 Hazelwood Avenue when directed to do so by the city Engineer. DISCUSSION Backqround. On August 9,1992 the City granted conditional approval to David Houge and his partner, Marshall Petty, for a tentative minor subdivision to split one lot into two. One of the conditions of approval required the subdividers to install street improvements. On February 18,1992 the City Council authorized the Mayor to execute an agreement with the subdividers to install the improvements within one year from the date the agreement was executed. These properties are located on a block in the San Tomas Area where there are currently no street improvements. The nearest improvements exist on Ecker Court to the west. Analysis. Recently the subdividers petitioned staff to waive the original condition of approval and allow them to execute deferred improvement agreements. Staff feels that the deferment of these improvements is in the City's best interest for two reasons. First, the city is currently in the process of updating the Transportation Element of the General Plan through completion of the San Tomas Area Study. Part of this process will be the consideration and possible adoption of alternative street standards. The deferment of these improvements will allow them to be installed to the revised standard. Second, the improvement could be deferred until an adjacent property owner installs improvements, thereby avoiding a short section of improvements in an otherwise unimproved street. The attached agreement defers the requirement to install street improvements until the property owners are directed to do so by the City Engineer. FISCAL IMPACT None Deferred street Improvement Agreement 1031 and 1033 Hazelwood Avenue Page 2 April 20, 1993 ALTERNATIVES 1. Require the installation of standard street improvements on the frontage of 1031 and 1033 Hazelwood Avenue. This would create a short section of improvements which is not adjacent to any other improvements. Addi tionally , a new street improvement standard may be adopted in this area in the updated Transportation Element of the General Plan. Do nothing. This option precludes the City from requiring the installation of standard street improvements on the frontage of these properties at a later date. 2. Attachments: Plat Resolutions Agreements by: ~~ P b, kso DiroCitY Manager Prepared by: /let if.. f .^ 1~proved Asst. Eng. \ RESOLUTION NO 8473, BEING A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR DEFERRED STREET IMPROVEMENTS AT 1031 HAZELWOOD AVENUE BE IT RESOLVED, by the City Council of the City of Campbell, California as follows: The Mayor is authorized to execute an agreement with Marshall M. Petty and Debra K. Petty to install street improvements at 1031 Hazelwood Avenue. PASSED AND ADOPTED this following vote: 20th day of April, 1993 by the AYES: Councilmembers: Burr, Watson, Ashworth, Dougherty, Conant NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: ~~£J .~d; Barbara D. Conant, Mayor ATTEST: t:L.- ~ , '~~1'\tIM~n IS ~, THd"ó , rr:""""'v, p'" " , THE ORiG"""'" ~:">IF .f"-;,:~ l.'?' ~,¡ N,l' ",,)Hi '.~",' r:+F,d;;, ON!';":"'" "..r..E>",,""'{ ..'it: p'iI\U l\£.~ :~'*~~~~ l.ð . ~"~~ ~ \ Anne Bybee, City Clerk ( CITY OF CAMPBELL Department: City Clerk It~ 4ò"C~ 4ò"/., IIpl( !) ~ ð Þ(6/ic '" 7 799J WO/'~ 11:1)9. II)$O/'. 11),9 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 FAX # (408) 379-2572 April 27, 1993 Mr. David N. Houge 1033 Hazelwood Avenue Campbell, CA 95008 Dear Mr. Houge: At its regular meeting of April 20, 1993, the City Council adopted Resolution No. 8474 authorizing the execution of a Deferred Street Improvement Agreement for property located at 1033 Hazelwood Avenue. Please find enclosed certified copy of this Resolution together with certified copy of the Deferred Street Improvement Agreement. Please do not hesitate to contact this office (866-2117) or Michael Fuller, Public Works Department, should you have any questions in regard to the City Council's action. Sincerely, ¡;2~ f¥ú- Anne Bybee City Clerk cc. Michael Fuller, Public Works Enc. jh , " DEFERRED STREEl' IMPROVEMENT AGREEMENT '!HIS ~ (identified as No. LvI 56A) made and entered into this g) 0 day of t\ ~~ , 19~, by and between MARSHALL M. PEITY and DEBRA K.\ PEITY, husb:md and wife as joint tenants hereinafter referred to as "Q.mer," and the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State of California, hereinafter referred to as "City." WHEREAS, on August 9, 1989 City granted conditional approval of FM 89-07 creating two residential lots upon that certain real property described as IDt 2, of Tract No. 868 filed July 3, 1951 in Book 33 of Santa Clara Cotmty Maps at pages 54 and 55 and; WHEREAS, avNER has acquired :tDt 1 of said Parcel Map, a copy of which map was filed for record on August 7, 1992 in Book 629 of Santa Clara ca.mty Maps at page 34 and OOluuunly ~ as 1031 Hazel~ Avenue, which property is hereinafter referred to as "said real property"; WHEREAS, compliance with the terms and conditions of this agreement are conditions to the final a~ of said FM 89-07; NCM, 'IHEREFœE, IN <X>NSIDERATION OF '!HE AOOVE-MENl'IONED APmJVAL, it is hereby agreed as follows: ( 1 ) OWner shall provide, construct and/or install at his own proper cost and expense, public street improvements as describerl in section 11. 24 . 040 of the City COOe within 12 nart:hs from the date when owners or their SI.~rs are notified to do so by the City Engineer. ( 2 ) All of said ilnprovements shall be constructed and/or installed within 12 nart:hs from the date that OWners, or their successors, are notified by said City Engineer to do so; provided h<Mever, that in the oonp.rt:ation of said twel ve-narth period, delays due to or caused by acts of God, viz., tD1usuall y inclement weather, major strikes, and other delay beyond the control of OWners shall be excluded. ~ It is expressly mrlerstood and agreed to that if OWner shall fail to complete the work required by this Agreerænt within the said 12 nart:h period, the City, after giving ten (10) days written notice thereof to OWner, or his successors, may construct and/or install said improvements and recover the full cost and expense thereof from owner, or his successors . It is further expressly understood that the purpose of this agreement is to defer construction of the above-mentioned improveœnts until some future date IOOre conducive to the overall needs of the City of Campbell. In keeping with this understanding, the right of the City to give any of the notices specified herein in Section (2) of this Agreement to install such improveœnts, or to require construction or installation of such improveœnts, or to install such improveœnts itself and recover the costs thereof shall not be barred by the passage of t.i1ne or delay by the City, hIt shall remain open and enforceable indefinitely and forever. It is also understood that the passage of time or any delay caused by the City shall not relieve the OWners, or their successors, from perfonnance under this Agreement, tut that the OWners, and their successors, shall remain bJund indefinitely and forever. Any increased construction or preparation costs caused as the result of the passage of time shall be the responsibility of the OWners, and their su~rs. Nothing herein shall be deemed to prahibi t construction of said improvements prior to notice by the City Engineer to construct or install such improveœnts, provided that prior to such installation, all of the provisions of Section (3) shall be satisfied. ( 3 ) Owner, or his successors, shall cause to be prepared at his cost and expense improvement plans for the construction and/or installation of said improvements prior to such construction or installation. Said plans shall be prepared by a civil engineer registered by the State of California and subnitted to the City Engineer for examination and approval. All of said improvements shall be canstructed and/or installed in accordance with those plans approved by the City Engineer and shall be made under the supervision and inspection and to the satisfaction of the City Engineer. Said construction and/or installation shall be in accordance with the existing ordinances and resolutions of the City of Campbell and to all plans, specifications, standards, sizes, lines and grades approved by the City Engineer, and all State and County statutes applicable thereto. Upon completion and acceptance of the improveœnts by City, Owner, or his sucx::essors, shall provide reproducible as-Wilt plans to the City Engineer. ( 4 ) '!he construction \\Urk of the improvements embraced by this agreement shall be done in accordance with the specifica- tions of the City of CanpJell and West Valley Sanitation District, where indicated. ( 5 ) Prior to approval of the plans by the City Engineer pursuant to Section (3) of this Agreement, Owner, or his 2 successors, shall pay to the City for examination of improvement plans, field inspection of construction of improvements and all necessary expenses incurred by City in connection with said improvements , a sum to be determined when said plans are suh"nitted in accordance with the rules in effect at that time. (6) CMner, or his successors, shall file with City, prior to COIDIæ11Cing work, surety, acceptable to City, to insure full and faithful perfonnance of the construction of all the aforementioned improvement work, excluding sanitary sewers and water distri.b.rtion system. Said surety shall guarantee that CMner, and his successors, will correct any defects which nay appear in said improvement work wi thin one (1) year fran the date of acceptance of the work by City and pay for any damage to other work resulting from the construction thereof, as ~ll as pay the cost of all laìx>r and naterials involved. 'Ibis surety shall remain in effect until one (1) year after date of final acceptance of said improvements by City. Said surety annmt nay be rerluced by the City Engineer after the date of final acceptance to not less than twenty-five (25) percent of its full value. (7) Upon final release of said surety by City, the obligations of <Mner, and his successors, contained in this Agreement shall be considered null and void. ( 8 ) When called upon by City to do so, Ormer, or his successors, will execute a petition for the fonnation of any special assessment district created pn:-suant to any special assessment act as provided in the Streets and Highways Code of the state of California created for the PJrPOSe of constructing and/or installing any or all of said improvements. ( 9 ) <Mner, or his successors, shall participate in and beco.tæ a part of any special assessIæI1t district as described in paragraIi'l ( 8 ) of this Agreement . It is expressly understood that any obligations of Ormer, or his suocessors, contained in this Agreement that are accomplished to the satisfaction of said City Engineer by said special assessment district shall be considered null and void. (10) CMner, or his successors, shall make such deposits or file such bonds and enter into such agreement as required by West Valley Sanitation District to insure the installation of a sanitary sewage system to serve said real property, and OWner, or his successors, shall file with City, upon execution of this Agreement, a letter from said Sanitation District stating that CMner, or his successors, have nade 3 such deposits or filed such bonds and entered into such agreements . (11) CMner, or his successors, shall pay to Pacific Gas and Electric Company any and all fees required for installation of underground wiring circuit to all electroliers within said real property when owner, or his successors, is notified by either the City Engineer or the Pacific Gas and Electric Company that said fees are due and payable. owner's, and his successors', obligations under this section shall not be relieved by delay or the passage of time, hIt shall remain binding indefinitely and forever. ( 12 ) CMner, or his successors, shall nake such deposits or f i Ie such bonds and enter into such agreement as required by San Jose Water Company when called upon to do so to insure the installation of a water distribltion system to serve said real property, including fire hydrant. owner's, and his successors', obligations under this section shall not be relieved by delay or the passage of time, hIt shall bind owner and successors indefinitely and forever. (13) Any easement and right of way within or without said real property necessary for the completion of the improvements sham upon aforesaid iltprovement plans shall be acquired by OWner, or his successors, at his own cost and expense. It is provided , however, that in the event eminent dœain proceedings are required for the pJrpose of securing said easement and right of way, OWner, or his successors, shall deposit or œuse to be deposited with City a sum oovering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto such StUnS as may be required for legal fees and costs, engineerring and other incidental costs shall be deposited with the City. (14) OWner, or his successors, shall carry out any and all negotiations with all interested parties and shall perfOntl or œuse to be perfonned at his own cost and expense and to the satisfaction of the City Engineer any and all work required to abmdon , renDVe, raise, lower, relcx:=ate and othe1:wise IOOdify irrigation line or lines wi thin the J:x>urmry ~f said real property . ( 15 ) 'Ib the fullest extent panni tted by law, OWner, and his successors, shall indemnify, defend and hold the City of CaniPJell, and its agents, employees, attorneys, officers, officials and assignees hannless from any and all claims, damages, losses and expenses, including, hIt not 1m ted to, attonleys' fees, arising out of, or resulting from any negligent 4 or intentional act or omission (including misconduct) of said owner, or his successors, or any sulxx>ntractor, or anyone direct1 y or indirect1 y employed by him, or anyone for whose acts any of them may be liable in the course of performance of the Agreement . '!he Omler, and his successors, shall also indemnify, defend and hold the City of CanpJell, and its agents, attorneys, employees, officers, officials, and assignees harmless against and from any and all claims, demands, liabilities, losses , lawsuits , judgments, damages, costs and expenses ( including, b.1t not limited to, attorneys' fees and court costs, whether incurred at trial, appellate or administrative levels) which the City of Can1¡:Dell may incur or suffer, or to which the City of CanpJell may be subjected resulting from the failure of Omler, or his successors, or his agents, employees, subcontractors, or anyone perfonning services under him, to fulfill any of the obligations imposed under this Agreement . ( 16) It is acJma.¡ledged that the provisions of this Agreement constitute covenants for the improvaœnt of the subject real property for the nutual benefit of owner's property, oomm:>nly known as 1031 Hazelwood Avenue am the City' s property, l;UWIIUnl y described as Hazelwood Avenue where it adjoins owner's property. 'Ihese covenants shall be considered to affect rights in the above-described real properties, and shall be binding on the heirs, assigns , successors , and grantees of owner to said real property. ( 17 ) Nothing contained herein shall be construed to transfer any tmVeSted interests in real or personal property for PJrPOSe5 of the rule against perpetuities. ( 18) In the event that owner, or his successors, should breach any of the tenus, conditions, or covenants of this Agreement, the City shall be enti tied to recover, in addition to any other relief available in law or equity, all costs incurred in attempting to obtain enforcement of the Agreement, or compensation for such breach. 'Ihese costs shall include reasonable attorneys' fees and court costs. (19) 'Ibis is the entire Agreement between the parties, and there are no representations, agreements, ~ts or understandings that are not fully expressed herein. ( 20 ) 'Ibis Agreement can be executed in counterparts by the parties hereto, and as so executed shall consist of one agreement, binding on all the parties. 5 IN WI'INESS WHEREDF, said city has caused its name to be affixed Ì7j its Mayor am City Clerk, who are duly authorized Ì7j resolution of the City Council, am said OWner has caused his name to be affixed the day am year first above written. CITY OF CAMPBELL APPROVED AS 'ID FORM : ¿~~ William R. Sellgmann City AttoI11ey {)~ 4tw- Anne Bybee City Clerk ~dJthþ»f) ,ß-t¡ ~ Barbara D . conant , Mayor avNER : f/¡{dl !II i- . Marshall M. Petty \Þ )"U-,c r< ,~,' , Debra K . Petty . \ '. 1:"-t¡; r:;-.o'" ,:)'1 i'V'~I)M!."r" :3," ~,UE "') ",11""-'" "F THE. ~i1.3t,~ ~;1' ~~_E ': ':" :' ',f-F,U:. .--" '"...~ P,'1' , Tý c~.cM. (11"< ~,'~',C\',";,",I0:":',~:'-,',""','f""',:'tN',"',' '-"';¡I~"',~. C~r, L\"ø..)L ~~ ~~._.~~( ,>\ ,~Y - LL+"i:t\~~, .'~- --,. '- (~ "._~ Or. ¡), r J. - , 6 GENERAL ACKNOWLEDGEMENT state of California County of 5A-1JTA- tiL~A § § § ss. 11}:; day of frJMC' ~ , 192? before me, On this TJ.A, -.Þ ¿ 6::ìC £'" L a Notary Public in and for the County of S A74..rr A- C' ¿ ~ A , state of California, personally appeared /J1 A-A. '5n-lkl. f'é IT if ~ ÐG:ß,.eA K. ¡? err t' personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) ~/are subscribed to the within instrument and acknowledged to me that fle/~/they executed the same in h4sfher/their authorized capacity (ies) and that by ~/~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s), or the entity upon behalf of which the person(s) acted, executed thè instrument. "",T .. . ""'"'ê"""!r'.:I.;~'~','!':':""",':::'::::J¡(1- .. Signature ~ö;;~ -p 4 . 7>¿ £")( cL r. u . ~,"¡ - .. 'lt~ or- CCM& .....1 .' L_-- m~ ! WITNESS my Print Name ...:crl:1]!!!.......,.""""" -~--'~-"'-"-'::'..,'" RESOLUTION NO 8474 BEING A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR STREET IMPROVEMENTS AT 1033 HAZELWOOD AVENUE BE IT RESOLVED, by the City Council of the City of Campbell, California as follows: The Mayor is authorized to execute an agreement with David N. Houge to install street improvements at 1033 Hazelwood Avenue. PASSED AND ADOPTED this following vote: 20th day of April, 1993 by the AYES: Councilmembers: Burr, Watson, Ashworth, Dougherty, Conant NOES: Councilmembers: None ABSENT: councilmembers: None APPROVED: ~LbWI{) ~ Barbara D. Conant, Mayor ATTEST: a~~ Anne Bybee, Clty Clerk ,",'E r'ê!1EI"J'J!NO INSTRUMENT IS A TRue A/.n ~OHRECT cr,PY OF THE ORIGINAl.. ON FI~£ ,t, 1"IS OFFICE, A'1""'EST: A'1"1E BYBEE, CITY C;~UiÝ.. erN ~,c"AL-,~,~:~~~c~,.., ~"." BY _.=. ..<. '--.J J-~ ~\r\C(\ ~'" DA' ~-~~ . C:f¿:j C \..~~ jJ,fJ1GI¿ ¿-.,:;,'I) ,? ) 'J ¡..;on";"'/ ., \, ~ -'.. / Cè1/)Î,4,-J J f¿: t"-.c,Ñi) #- (J 'i 38 )J6fL I ,I /)1'6)"," ~t'-I ç tv -~ . ' (/~"/¡è'ìJ7 I/J.'( SII-:'" () I 1:'(/.:. ýi/J/. ' 4,), "'/' 4-:>/ /'1/"'- 'L ~"- ,3 ¡;) 0tJ I~ C(>¡f~rJ:"€C II¡ 9 / - ¡.Ii l f-j, " , ( . ~2 è/wc;,,:) /'/).//' , " \ '" ¡- k- {-""-,,,c --""", Fe ¡;~:-u C¿<!:J ~ 1ÞI£ ;:~'e 7Îz ..-. i ~-.s ~{ç.°-2 . S t2í/l'..t: ¿u>'f ~ : . r' CO\W(1F}:'~:,:"\'\Or',!' -n"ls docL .Ient has -......-.,.,. ,..- "..", '..' , 'nòl b¡;;en v~¡ ..r.' "" I ,'. : ".:~ originaL SANTA CLARA COUr.ffY RECORDER RecorJino R~ted by: ~ AU c~l1tornla TItle Company : Escrow No. -- I title Order No. mmx . ~n rec.'OIdecllMil to: . '. ' ~ I1MStW.L K. Pm'f ,Ii 1031 tta~a1woocJ Ave.. f' Campbell. Ca-., 9~OO8 , ::- ':'-' ¡ ~l tax Stat8mtt tot ' , ~ KARSJW,¿. K. 1'tm et al i /' ) SAM! AS AlOVI ~ , ~ " .-~ 'f ' 1 " "IHt'< \dl ":;~ \d,:;: \;)4 \, t ¡ j , ',I ..<.Ioo:.r::>J.o<.l"J ML-.L-. '-ML-.¡rl.JI"'I'iIM I liLt:: r-¿~¿ I-~~':; ~-\d~~ 1174622G Rtcorded at the request of dl/tf.tJ4!C!ø,nlA., r:Juf, &'. . ': ' ¡ . ,/ ~ JAW S ø 1993 8:00AM LAURIE KANE, Recgrder Sane. Clara County, Officil1ltCi:(ldl ~ " ; :" , . . . .: ^,:' " " j I ..'" . " i ( . ' ( ~ 'PH: 406...01..78 (space above this lme for Recorder'. UH) ~ ~., ~ .., .. --'... ,.. "" AL.L CALDrORNJ:A TJ:TLE CO1.'1P ANY , GRANT DEED -, , ' TilE UNDERSIGNED GRANTOR(S) DECLARE(S) Realty not 8o1d--property deeded and split I:Ioc\ItIentary Transfer Tax is 1. per parcel map filed.. ( ) CQIIpUtec1 en full va1~ of property conveyed, or ( ) canputed on full value less value of liens or encumbranœa rSNrlning at time of sale ( ) unincorporated area () City transfer taxes: L !fQB V.ALUAf2~çoo~:tD~TJ:ON. téCeipt of which is hE!rebv aclcnowledaed. ì DAVID N. HOUGE, AN UNMARRIED MAN I~ ¡, I, ; ,~~ ÇRANT(s) to 1,' MARSHALL M.PETTY AND DEBRA K. PETTY, HUSBAND AND WIFE, AS JOINT TENANTS , ' ,..'11IE ~ described real propoQk'ty in the city/town of CAKPBw", County of ~ CLARA, STATE Ct~, .' '~ Œ' PARC!L 11$ S1ØIN œ 'mAT œn'UN m HAP rm:o rœ RÐ:'œJ) Ctl AOOOST 1, 1991 IN HAP ÐOCI{ 629, PAGE 34, SAm'A CWU\ 0J.tflY R!XXm)S. ' '. ' ".þated: ~. I , m TE (I' CALIFCmtU t > (~J:. r4~Qt~;3 Clara ~fore ØIt, the Wderti~, ~ ~tary P\Wlio in w fOt Mid Itate perllQ\a1~ appeared '~ ~av1d N~_Houf~AL , .~ 1ìQJ;4.~ JwM\ ,~- "'(01' '"pr;oved to .. Q\ the basi, of. ~/, ~-~atisfàctory tVidenoe) to be thø J181'800(I) wtøe nue(s) "is/art ~ to the vitb:in inatr\lllElnt an4 acknowledged to Itl& th$t he/she/they eJœC\1te<i the HIM in their capa.city(ies), aM that by his/her/tbGir signature(s) œ the instt'\lllent the per$ŒJS (8), or their entity UpcI\ behalf of which the ~ (a) acted, eDCUttd the iMtrlrIø\t , mmzs fIJ 0 tidal seal. , ' R6al Proptrty IIm'e CU1IPÙy known &8". .j~;N.~~1 HAZI1JIOOI) AVE.. CAMPBElL, a- 1031 " ~ ,,¿~~~~ \&~~ ÐlVIDN~ a:uz '. .", '. ' III ,~ I ' I ) , i ',I " , J' I " . '., (, .;, "F' SIa " , 'I \ ,... , -<L" . '."""I"'.""~"""""""""""" . O"I'ICI~" ..AI. ~~~L~~~tC J~ ~ COUll" Of &MIA G.tIIA .r;.".,..,\""MiIrd. ,U, 199J II II' ................ lit. 1J .1 ;' ' " ' (this area far official JK)t;arial18ll) TAX mmmm ro 'mE HAHm PMtT'l (:[ls) AS DJ:Jm:'l'D) ABan;) 40827916135 ALL CALIFORNIA TITLE ~-¿~¿ I-~~~ ~-~~¿ 'IHI'< ~l ":I,,;) \1':1: \1,4 , ¡ , ",. CONFORMED CO~.v: Th'¡s door 'ent has, ñot b~~.~~il;'~~;';;:/' I, :,': ':,)16 ortglnàL SANT A CLARA COUNTY RECORDER Recording ReQU8$te<t by: All Cal1tornla Title Company £ScrOll No. ml1i,~ Titl. Order: ¡b.~ P JJ When recor4eðNil to: , lß\VP.råz~od Av~.. Ctunpbðll , '. Ca.. 95008 (' , ,', '.0 ' 1 Î 74622'.7 ' RecOrded at the rEtQu..t 01 <IIiiWIk.&fl.I'>,&,./'4 r:JlIt, Co. JAN.S 81993 ~:OOAM LAURIE KANE, Recorder Sanr, Ct". County, OffIclit RsCCJds , Hd.l tax 4tlt.w.nt. to: ."", , .' DAVID N. IDØ: et aJ. : , SAME AS ABOVE t . , ; ;,' , ",! l' ,I ":,::¡ . I I' I ¡. t: " j ¡ I . \. : APN: 406-01-071 ". ' ALL CALXFØRN:rA TXTLE COl'-'IPANY' . GRANT DEED' (space above this line tor ~'8 use) . . . ,'" ":,0"\....0,,,...,1 THE UNDERSIGNED GRANTOR(S) DECLARE(S) "Realty not sold-..property' dCledod 'and opUt ~tary Trwfer Tax 18 1. p.r parcel !nap filed. ( ) caIpJted at full valua ot property œnv~yed~ or ' ( ) OQYJpUted œ full yùue 168 value of liens or enC\l1lbrancea r.-d.ning at time of sale ( ,) unincorporated area' ( ) City transfer taxes: i. ¡FOR v~tJABt.æ: C~:rDERJ\TION, recei-pt of ~ch is hereby acJtoowledaed. .. ' , ,', I J ' I ' I MARSHALL M. PZTTY AND DEBRA K. PETTY. HUSBAND AND WIFE , ' , , '<.¡, , ',' " , ':';;'n ,.' ;, ','; :' ~~ , ' , ) I" " ' " " ;" DA VID,N;t,HOpGE. AN ~NMARRUtD: MAN " ,!,,\';;:¡,t'i'" <'; ;1'" ; :',:'¡ 'tHE J'WD¡I'lm' deSCribed real property in the ci ty ¡town of CAMPBW., ~ County of Santa Clf.1'& State of Californi.;,. .' . .AlL Œ PARCEL 2 MSIÐWlfCft 11iAT cmrAIH PAAœ. HAP FIU'D lOR IUXXN> CN :,. .' . .., ", ¡,,:~.7..199,~..,XN HAP ÐOCI( 629, PAGE 34, SANl'A am <XXJNIY ...IIUIIIIIIU................II..........n."".1 . ~u""'.""'UI"'U.UI~h""-~""'.I)t....ra . . . 0 f' 'r I r; . ^ J. r II A L ".'~f' '., 0 fI'-.r t"c,' At., ,81, AL PH\'LLI. .. JTTA r: :." PHYLLIS' J. con A . .. or..,u '~j .IIOln".. i , ' ~r4l1Y' ,~~..;' . ,.""'MIA ç~u"" CI '..öclA C:LARA : awl'" Q,w.HIA (I,A',\ Com"" E." /If.,,1t IS, /99J J COItiIfj. hp.' AlII,d IS. /993 ~...-u..".."lIutl'U.""'IftIlil"""'U'" ......,~.........Mttult.utatUa~~. e ccmtttùy k:nowr1 as: ,:lCIOA' JlAZÐ.¡1(Q) AYmJE ~.. CA~ '" , 1033 ' I '1 I " . '.1 Ðated:,,~ . '.;, ':' ::,:., ,.'...". ., ' , " " ;¡ .,;. I ' . . . , 'STAT£Œ~ , I camY (8 - Santa, . Cbr. , I Or. ---:lID. t46 ~9~1 - before r.e, the undersigned, a Not&rv PubliCliÌ1 and tOt' w,d .tate personally appeared Maršhal :~'M~-'P~tt1 ana " Deb~~ it. P,ottl . ~~,D~. to rae (or ptOV8d to me œ the buil of or SAtisfactory evidonœ) to be the persoo(s) ~e name-(s) is/¡¡ro IAlbscribed to tho within. inatnroent: an4 IcJwNl~ed to me t~t he/she/they ~ted the 881M: :in their capacity(ies), a.'ñ that 17/ Mather/their signature(a) œ the instrument tho p&rsons (8), or their entity upoo behalf of which the person(.) IiCted, ~ted thu inltr\lrtElQt VI'I1ŒSS ÐJ ~, fidal leal. ',- 'r J ~ OFI'"'CIÄL ..A~ PHYLLIS J. COft A tOtAllY þ\¡8UC .. t........, COIØ1'f o' MIIW,"" r-. "'" M- .. .. -- 11 lAIU....... -, \ " (this uta, for official notarial 8àal) TAX STA'tIM!mS 'ro T!Œ NAMED PAR'lY(IF.s\ l~ T\1Tl1i\""l"rn lQi'1W\