1384 Walnut Dr. (1991)
Cz/ l o! ( 'lIlll!i/Jel!
City
Council
Report
Item:
Category:
Date:
Consent Calendar
October 1, 1991
Title:
street Improvement Agreement with Von J. Goesling for
1384 Walnut Drive (Resolution/Roll Call)
RECOMMENDATION
1. Adopt the attached resolution authorizing the Mayor to
execute an agreement with Von J. Goesling and Jhaine L. Goesling
to install street improvements adjacent to 1384 Walnut Drive.
DISCUSSION
The owner applied for a building permit to remodel his residence
at 1384 Walnut Drive. The city Code requires a property owner to
arrange for the installation of street improvements when the
owner is adding more than fifty percent to the existing
structure and the property fronts on an unimproved street. The
enclosed agreement obligates the owner to install street
improvements within one year from the date he is notified to do
so by the City Engineer.
FISCAL IMPACT
None
Prepared by: Approved by:
Eng. Tech. Pub. Wks. Dir. City Manager
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7
I
RESOLUTION NO
BEING A RESOLUTION AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH VON J.
GOES LING FOR STREET IMPROVEMENTS AT 1384
WALNUT DRIVE
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 Von J.
Goesling and Jhaine L. Goesling to install street
improvements at 1384 White Oaks Road.
PASSED AND ADOPTED this
following vote:
day of
, 1991 by the
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
APPROVED:
Michael F. Kotowski, Mayor
ATTEST:
Barbara olsasky, City Clerk
~~!~~!i~!!I
THIS AGREEMENT (identified as No.Pld 49 ) made and entered
into this day of , 19___, by and
between VON J. GOESLING and JHAINE L.GOESLING hereinafter
referred to as "Owner," and the CITY OF CAMPBELL, a municipal
corporation of the County of Santa Clara, State of California,
hereinafter referred to as "City."
WHEREAS, Owner, or his contractor, has applied for a
building permit to construct certain modifications to the
residence upon that certain real property described in Deed
filed on October 19, 1990 Santa Clara County Official Records,
document Series No. 10690022, Assessors Parcel Number
406-22-020, and commonly known as 1384 Walnut Drive, which
property is hereinafter referred to as "said real property";
WHEREAS, compliance with the terms and conditions of this
agreement are required by Section 11.24.040 of the City Code;
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED
APPROVAL, and satisfaction of the conditions to that approval,
(1) Owner shall provide, construct and/or install at
his own proper cost and expense, public street improvements as
described in section 11.24.040 of the City Code within 12
months from the date when owners or their successors are
notified to do so by the City Engineer; provided, however, that
in the computation of said 12 months period, delays due to, or
cause~ by acts of God, viz., unusally inclement weather, major
strikes, and other delay beyond the control of Owner or his
successors shall be excluded.
(2) All of said improvements shall be constructed and/or
installed within 12 months from the date that Owners, or their
successors, are notified by said City Engineer to do so;
provided however, that in the computation of said twelve-month
period, delays due to or caused by acts of God, viz., unusually
inclement weather, major strikes, and other delay beyond the
control of Owners shall be excluded.
It is further expressly understood that the purpose of this
agreement is to defer construction of the above-mentioned
improvements until some future date more conducive to the
overall needs of the City of Campbell. In keeping with this
understanding, the right of the City to give any of the notices
specified herein in Section (2) of this Agreement to install
such improvements, or to require construction or installation
of such improvements, or to install such improvements itself
and recover the costs thereof shall not be barred by the
passage of time or delay by the City, but shall remain open and
enforceable 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 performance
under this Agreement, but that the Owners, and their
successors, shall remain bound indefinitely and forever. Any
increased construction or preparation costs caused as the
result of the passage of time shall be the resopnsibility of
the Owners, and their successors.
Nothing herein shall be deemed to prohibit construction of said
improvements prior to notice by the City Engineer to construct
or install such improvements, provided that prior to such
installation, all of the provisions of Section (3) shall be
satisfied.
(3) Owner, or his successors, shall cause to be prepared
at his cost and expense improvement plans for the construc-
tion and/or installation of said improvements prior to such
construction or installation. Said plans shall be prepared by
a civil engineer registered by the State of California and
submitted to the City Engineer for examination and approval.
All of said improvements shall be constructed and/or
installed in accordance with those plans approved by the City
Engineer and shall be made under the supervision and inspection
and to the satisfaction of the City Engineer. Said
construction and/or installation shall be in accordance with
the existing ordinances and resolutions of the City of Campbell
and to all plans, specifications, standards, sizes, lines and
grades approved by the City Engineer, and all State and County
statutes applicable thereto. Upon completion and acceptance of
the improvements by City, Owner, or his successors, shall
provide reproducible as-built plans to the City Engineer.
(4) The construction work of the improvements embraced by
this agreement shall be done in accordance with the specifica-
tions of the City of Campbell and Sanitation District No. 4 of
Santa Clara County, where indicated.
(5) Prior to approval of the plans by the City Engineer
pursuant to Section (3) of this Agreement, Owner, or his
successors, shall pay to the City for examination of
improvement plans, field inspection of construction of
improvements and all necessary expenses incurred by City in
connection with said improvements, a sum in the amount of ten
percent (10%) of the estimated cost of the improvements at the
time of construction.
2
(6) Owner, or his successors, shall file with City, prior
to approval of the plans by the City Engineer, surety
acceptable to the City to insure full and faithful performance
of the construction of all the aforementioned improvement work,
excluding sanitary sewers and water distribution system. Said
surety shall guarantee that Owner, and his successors, will
correct any defects which may appear in said improvement work
within one (1) year from the date of acceptance of the work by
City and pay for any damage to other work resulting from the
construction thereof, as well as pay the cost of all labor and
materials involved. This surety shall remain in effect until
one (1) year after date of final acceptance of said
improvements by City. Said surety amount may be reduced by the
City Engineer after the date of 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 Owner, and his successors, contained in this
Agreement shall be considered null and void.
(8) When called upon by City to do so, Owner, or his
successors, will execute a petition for the formation of any
special assessment district created pursuant to any special
assessment act as provided in the Streets and Highways Code of
the State of California created for the purpose of constructing
and/or installing any or all of said improvements.
(9) Owner, or his successors, shall participate in and
become a part of any special assessment district as described
in paragraph (8) of this Agreement.
It is expressly understood that any obligations of Owner,
or his successors, contained in this Agreement that are
accomplished to the satisfaction of said City Engineer by said
special assessment district shall be considered null and void.
(10) Owner, or his successors, shall make such deposits
or file such bonds and enter into such agreement as required by
Sanitation District No. 4 of Santa Clara County to insure the
installation of a sanitary sewage system to serve said real
property, and Owner, or hls successors, shall file with City,
upon execution of this Agreement, a letter from said Sanitation
District No.4 stating that Owner, or his successors, have made
such deposits or filed such bonds and entered into such
agreements.
(11) Owner, or his his successors, shall pay to Pacific Gas
3
and Electric Company any and all fees required for installation
of underground wiring circuit to all electroliers within said
real property when Owner, or his successors, is notified by
either the City Engineer or the Pacific Gas and Electric
Company that said fees are due and payable. Owner's, and his
successors', obligations under this section shall not be
relieved by delay or the passage of time, but shall remain
binding indefinitely and forever.
(12) Owner, or his successors, shall make such deposits
or file such bonds and enter into such agreement as required by
San Jose Water Company when called upon to do so to insure the
installation of a water distribution system to serve said real
property, including fire hydrant. Owner's, and his
successors', obligations under this section shall not be
relieved by delay or the passage of time, but shall bind Owner
and successors indefinitely and forever.
(13) Any easement and right of way within or without said
real property necessary for the completion of the improvements
shown upon aforesaid improvement plans shall be acquired by
Owner, or his successors, at his own cost and expense. It is
provided, however, that in the event eminent domain proceedings
are required for the purpose of securing said easement and
right of way, Owner, or his successors, shall deposit or cause
to be deposited with City a sum covering the reasonable market
value of the land proposed to be taken and to be included in
said sum shall be a reasonable allowance for severance damages,
if any. It is further provided that in addition thereto such
sums as may be required for legal fees and costs, engineering
and other incidental costs shall be deposited with the City.
(14) Owner, or his successors, shall carry out any and
all negotiations with all interested parties and shall perform
or cause to be performed at his own cost and expense and to the
satisfaction of the City Engineer any and all work required to
abandon, remove, raise, lower, relocate and otherwise modify
irrigation line or lines within the boundary of said real
property.
(15) To the fullest extent permitted by law, Owner, and
his successors, shall indemnify, defend and hold the City of
Campbell, and its agents, employees, attorneys, officers,
officials and assignees harmless from any and all claims,
damages, losses and expenses, including, but not limited to,
attorneys' fees, arising out of, or resulting from any
negligent or intentional act or omission (including misconduct)
of said Owner, or his successors, or any subcontractor, or
anyone directly or indirectly employed by him, or anyone for
whose acts any of them may be liable in the course of
4
performance of the Agreement.
The Owner, and his successors, shall also indemnify, defend
and hold the City of Campbell, and its agents, attorneys,
employees, officers, officials, and assignees harmless against
and from any and all claims, demands, liabilities, losses,
lawsuits, judgments, damages, costs and expenses (including,
but not limited to, attorneys' fees and court costs, whether
incurred at trial, appellate or administrative levels) which
the City of Campbell may incur or suffer, or to which the City
of Campbell may be subjected resulting from the failure of
Owner, or his successors, or his agents, employees,
subcontractors, or anyone performing services under him, to
fulfill any of the obligations imposed under this Agreement.
(16) It is acknowledged that the provisions of this
Agreement constitute covenants for the improvement of the
subject real property for the mutual benefit of Owner's
property, commonly known as 1384 Walnut Drive, and the City's
property, commonly described as Walnut Drive where it adjoins
Owner's property. These 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 unvested interests in real or personal property for
purposes of the rule against perpetuities.
(18) In the event that Owner, or his successors, should
breach any of the terms, conditions, or covenants of this
Agreement, the City shall be entitled to recover, in addition
to any other relief available in law or equity, all costs
incurred in attempting to obtain enforcement of the Agreement,
or compensation for such breach. These costs shall include
reasonable attorneys' fees and court costs.
(19) This is the entire Agreement between the parties, and
there are no representations, agreements, arrangements or
understandings that are not fully expressed herein.
(20) This Agreement can be executed in counterparts by the
parties hereto, and as so executed shall consist of one
agreement, binding on all the parties.
5
IN WITNESS WHEREOF, said City has caused its name to be
affixed by its Mayor and City Clerk, who are duly authorized by
resolution of the City Council, and said Owner has caused his
name to be affixed the day and year first above written.
APPROVED AS TO FORM:
CITY OF CAMPBELL
William R. Seligmann,
Michael F. Kotowski, Mayor
City Attorney
Barbara Olsasky, City Clerk
OWNER:
6
NOTARY FOR INDIVIDUAL SIGNATURE
County of
Santa Clara
I
I SSe
I
STATE OF CALIFORNIA
On thi S 3rd
day of
May
, 19~, before me, Rrlrhrlrrl S 01 Srlsky-
a Notary Public in and for the County of
Srlnt-rl ('lrlrrl
, State of
California, residing therein, duly commissioned and sworn, personally appeared
Jhaine L. Gaeslinq and Van J. Gaeslinq
personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person whose names
subscribed to the within instrument and acknowledged
to me that
they
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal of
the aforesaid County and State the day and year in this certificate first above
written.
County of
Santa Clara
State of California
"NOTARY SEAL"
My commission expires February 15, 1992
OFFICIAL SEAL
BARBARA S OlSASKY
NOTARY PuBliC - CAUi'O~<';iA
S.~TA CLARA COUNTY
My comm. expires FEB 15. 1992
CLTA STANDARD COVERAGE 1973
CONTINENTAL LAWYERS TITLE COMPANY
2150 N. FIRST STREET
SAN JOSE~ CALIFORNIA 95131
SCHEDULE A
DATE OF POLICY: OCTOBER 19~ 1990 AT 8:00 A.M.
AMOUNT OF INSURANCE $250~000.00
PREMIUM
POLICY No.
ORDER No.
$1~035.00
75-00-591-164
cu172198
1. NAME OF INSURED:
VON J. GOESLING AND JHAINE L. GOESLING~ HUSBAND AND WIFE~ AS JOINT
TENANTS
2. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY
VESTED IN:
VON J. GOESLING AND JHAINE L. GOESLING~ HUSBAND AND WIFE~ AS JOINT
TENANTS
3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED HEREIN AND WHICH IS
COVERED BY THIS POLICY IS:
A FEE
'1.
,
ORDER NO. cu1721~8
POLICY NO. 75-00-591-164
SCHEDULE B
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE~ NOR AGAINST COSTS,
ATTORNEYS' FEES OR EXPENSES~ ANY OR ALL OF WHICH ARISE BY REASON OF
THE FOLLOWING:
PART I
1. 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 WHICH MAY BE ASSERTED BY 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~ ENCROACH-
MENTS~ 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 MATTERS EXCEPTED UNDER (A)~ (B)
OR (C) ARE SHOWN BY THE PUBLIC RECORDS.
PART II
A. PROPERTY TAXES~ INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY
ASSESSMENTS COLLECTED WITH TAXES~ FOR THE FISCAL YEAR 1989 - 1990.
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND:
IMPROVEMENTS:
Hlo EXEMPTION:
CODE AREA:
ASSESSMENT NO.:
$186.40 OPEN
$186.40 OPEN~
$15,942.00 d
$20,840.00
$7~000.00
10027
406-22-020
B. THE LIEN OF SUPPLEMENTAL TAXES~ IF ANY~ ASSESSED PURSUANT TO THE PRO-
VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE
AND TAXATION CODE OF THE STATE OF CALIFORNIA.
ORDER NO. cu1721~8
POLICY NO. 75-00-591-164
PART II
CONTINUED
1.
A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW,
AND ANY OTHER OBLIGATIONS SECURED THEREBY:
AMOUNT: $2251000.00
DATED: OCTOBER 171 1990
TRUSTOR: VON J. GOESLINGAND JHAINE L. GOESLINGI WHO ARE
MARRIED TO EACH OTHER
TRUSTEE: CONTINENTAL AUXILIARY COMPANYI A CALIFORNIA
CORPORATION
BENEFICIARY: BANK OF AMERICA NATIONAL TRUST AND SAVINGS
ASSOCIATION
RECORDED: OCTOBER 191 19901 AS SERIES NO. 106900231
OFFICIAL RECORDS.
LOAN NO.: 4666526
(
ATTACHED HERETO ARE THE FOLLOWING ENDORSEMENTS:
126.11 SPECIAL #3
~.
ORDER NO. cu172198
POLICY NO. 75-0~-591-164
SCHEDULE C
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SANTA CLARA, CITY OF CAMPBELL AND IS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF WALNUT DRIVEl AS
SAID DRIVE IS SHOWN ON THE MAP OF TRACT NO. 73 SAN TOMAS ACRESI
WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF
SANTA CLARAI STATE OF CALIFORNIAI IN SEPTEMBER 13, 1938 IN BOOK 3 OF
MAPS AT PAGES 20 AND 21, DISTANT THEREON N. 310 31' E. 148.50 FEET
FROM THE POINT OF INTERSECTION THEREOF WITH THE SOUTHWESTERLY LINE OF
LOT 13 OF THE MRS. W. J. PARR TRACT HEREINAFTER REFERRED TOI SAID
POINT OF BEGINNING ALSO BEING THE NORTHERLY CORNER OF THAT CERTAIN
PARCEL OF LAND CONVEYED BY SAN JOSE ABSTRACT & TITLE INSURANCE CO.I A
CORPORATIONI TO STEVE VOYKOVICHI ET UXI BY DEED DATED JANUARY 71 1949
AND RECORDED JANUARY 101 1949 IN BOOK 1730 OF OFFICIAL RECORDS I AT
PAGE 2101 SANTA CLARA COUNTY RECORDS; THENCE ALONG SAID SOUTHEASTERLY
LINE OF WALNUT DRIVE N. 310 31' E. 80.00 FEET TO A POINT WHICH IS
DISTANT N. 310 31' E. ALONG SAID LINE OF WALNUT DRIVEl 2.00 FEET FROM
THE NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED BY STEVE
VOYKOVICH, ET UX, TO GORDON M. KIELEI ET UXI BY DEED DATED SEPTEMBER
271 1951 AND RECORDED OCTOBER 181 1951 IN BOOK 2302 OF OFFICIAL
RECORDS, AT PAGE 229, SANTA CLARA COUNTY RECORDS; THENCE LEAVING
WALNUT DRIVEl AND RUNNING PARALLEL WITH THE NORTHEASTERLY LINE OF
SAID PARCEL OF LAND CONVEYED TO GORDON M. KIELE, ET UXI s. 610 23'
45" E. 105 FEETI MORE OR LESSI TO THE SOUTHWESTERLY PROLONGATION OF
THE SOUTHEASTERLY LINE OF THE CERTAIN PARCEL OF LAND CONVEYED BY STE-
VEN VOYKOVICHI ET ALl TO GEORGE SNYDERI ET UXI BY DEED DATED JUNE 81
1950 AND RECORDED JUNE 291 1950 IN BOOK 2006 OF OFFICIAL RECORDS, AT
PAGE 5151 SANTA CLARA COUNTY RECORDS; THENCE ALONG SAID PROLONGED
LINE SOUTHWESTERLY 2 FEETI MORE OR LESSI TO THE NORTHEASTERLY LINE OF
SAID PARCEL OF LAND CONVEYED TO GORDON M. KIELEI ET UXI ABOVE
REFERRED TO; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL OF
LAND CONVEYED TO GORDON M. KIELEI ET UXI s. 610 23' 45" E. 20 FEETI
MORE OR LESSI TO THE EASTERLY CORNER THEREOF IN A LINE DRAWN PARALLEL
WITH AND DISTANT 125 FEET SOUTHEASTERLY AT RIGHT ANGLES FROM SAID
SOUTHEASTERLY LINE OF WALNUT DRIVE; THENCE ALONG SAID PARALLEL LINE
AND ALONG THE SOUTHEASTERLY LINE~OF SAID PARCEL OF LAND CONVEYED TO
GORDON M. KIELEI ET UXI s. 310 31' w. 84.36 FEETI MORE OR LESSI TO
THE SOUTHERLY CORNER OF SAID LAST MENTIONED PARCEL OF LAND AND THE
EASTERLY CORNER OF SAID PARCEL OF LAND CONVEYED TO STEVE VOYKOVICHI
ET UX, BY SAID DEED DATED JANUARY 71 1949 ABOVE REFERRED TO; THENCE
ALONG THE NORTHEASTERLY LINE OF SAID LAST MENTIONED PARCEL OF LAND
CONVEYED TO STEVEN VOYKOVICHI ET UXI N. 580 29' w. 125 FEET TO THE
POINT OF BEGINNINGI AND BEING A PORTION OF LOT 13 AS SHOWN ON THAT
CERTAIN MAP ENTITLEDI "MAP OF THE SUBDIVISON OF THE MRS. W. J. PARR
TRACTI BEING A PORTION OF THE RINCONADA DE LOS GATOS RANCHO"I AND
WHICH MAP WAS FILED FOR RECORD IN T~E OFFICE OF THE RECORDER OF THE
COUNTY OF SANTA CLARAI STATE OF CALIFORNIAI ON DECEMBER 191 1890 IN
BOOK "E' OF MAPSI AT PAGE 63.
ARB: 405-23-041
D.T. 10/19/90
ws
ORDER NO.: cu172198
ATTACHED TO AND MADE A PART OF LAWYERS TITLE INSURANCE CORPORATION POLICY
NO. 75-00-591-164
ENDORSEMENT
CLTA FORM 126.1
1. THIS ENDORSEMENT SHALL BE EFFECTIVE ONLY IF AT DATE OF POLICY THERE IS
LOCATED ON THE LAND DESCRIBED IN SAID POLICY A ONE-TO-FOUR FAMILY RESI-
DENTIAL STRUCTURE~ IN WHICH THE INSURED OWNER RESIDES OR INTENDS TO
RESIDE. FOR THE PURPOSE OF THIS ENDORSEMENT THE TERM "RESIDENTIAL
STRUCTURE" IS DEFINED AS THE PRINCIPAL DWELLING STRUCTURE LOCATED ON
SAID LAND TOGETHER WITH ALL IMPROVEMENTS THEREON RELATED TO RESIDENTIAL
USE OF THE PROPERTY EXCEPT PLANTINGS OF ANY NATURE~ PERIMETER FENCES
AND PERIMETER WALLS~ AND THE TERM "INSURED OWNER" IS DEFINED AS ANY
INSURED NAMED IN SCHEDULE A~ AND SUBJECT TO ANY RIGHTS OR DEFENSES THE
COMPANY MAY HAVE HAD UNDER SAID POLICY AND ALL ENDORSEMENTS~ SUCH
INSURED'S HEIRS~ DISTRIBUTEES~ DEVISEES~ SURVIVORS~ PERSONAL REPRESEN-
TATIVES OR NEXT OF KIN.
2. THE COMPANY HEREBY INSURES THE INSURED OWNER OF THE ESTATE OR INTEREST
DESCRIBED IN SCHEDULE A AGAINST LOSS OR DAMAGE WHICH THE INSURED OWNER
SHALL SUSTAIN BY REASON OF:
A. THE EXISTENCE AT DATE OF POLICY OF ANY OF THE FOLLOWING MATTERS:
(1) LACK OF A RIGHT OF ACCESS FROM SAID LAND TO A PUBLIC STREET;
(2) ANY STATUTORY LIEN FOR LABOR OR MATERIALS ATTACHING TO SAID
ESTATE OR INTEREST ARISING OUT OF ANY WORK OF IMPROVEMENTS ON SAID
LAND~ IN PROGRESS OR COMPLETED AT THE DATE OF THE POLICY~ EXCEPT
THOSE LIENS ARISING OUT OF A WORK OF IMPROVEMENT FOR WHICH THE
INSURED HAS AGREED TO BE RESPONSIBLE.
B. THE REMOVAL OF THE RESIDENTIAL STRUCTURE OR THE INTERFERENCE WITH
THE USE THEREOF FOR ORDINARY RESIDENTIAL PURPOSES AS A RESULT OF A
FINAL COURT ORDER OR JUDGMENT~ BASED UPON THE EXISTENCE AT THE DATE OF
THE POLICY OF:
(1) ANY ENCROACHMENT OF SAID RESIDENTIAL STRUCTURE OR ANY PART
THEREOF ONTO ADJOINING LANDS~ OR ONTO ANY EASEMENT SHOWN AS AN
EXCEPTION IN PART II OF SCHEDULE B OF SAID POLICY~ OR ONTO ANY
UNRECORDED SUB-SURFACE EASEMENT;
(2) ANY VIOLATION ON THE LAND OF ENFORCEABLE COVENANTS~ CONDITIONS
OR RESTRICTIONS~ PROVIDED THAT THIS COVERAGE SHALL NOT REFER TO OR
INCLUDE THE TERMS~ COVENANTS AND CONDITIONS CONTAINED IN ANY LEASE~
SUBLEASE OR CONTRACT OF SALE REFERRED TO IN THIS POLICY;
(3) ANY VIOLATION OF APPLICAB~E ZONING ORDINANCES TO THE EXTENT
THAT SUCH ORDINANCES REGULATE (A) AREA~ WIDTH OR DEPTH OF THE LAND
AS A BUILDING SITE FOR THE RE~IDENTIAL STRUCTURE; (B) FLOOR SPACE
AREA OF THE RESIDENTIAL STRUCTURE; (C) SET BACK OF THE RESIDENTIAL
STRUCTURE FROM THE PROPERTY LINES OF THE LAND; OR (D) HEIGHT OF THE
RESIDENTIAL STRUCTURE.
1 OF 2
ENDORSEMENT
CONTINUED
C. DAMAGE TO THE RESIDENTIAL STRUCTURE RESULTING FROM THE EXERCISE OF
ANY RIGHT TO USE THE SURFACE OF SAID LAND FOR THE EXTRACTION OR DEVE-
LOPMENTOF THE MINERALS EXCEPTED FROM THE DESCRIPTION OF SAID LAND OR
SHOWN AS A RESERVATION IN SCHEDULE B.
THE TOTAL LIABILITY OF THE COMPANY UNDER SAID POLICY AND ANY ENDOR-
SEMENTS THEREIN SHALL NOT EXCEEDI IN THE AGGREGATEI THE FACE AMOUNT OF
SAID POLICY AND COSTS WHICH THE COMPANY IS OBLIGATED UNDER THE CON-
DITIONS AND STIPULATIONS THEREOF TO PAY.
THIS ENDORSEMENT IS MADE A PART OF SAID POLICY AND IS SUBJECT TO THE
SCHEDULES I CONDITIONS AND STIPULATIONS THEREINI EXCEPT AS MODIFIED BY
THE PROVISIONS HEREOF.
I
LAWYERS TITLE INSURANCE CORPORATION
MARVIN C. BOWLINGI JR. RUSSELL W. JORDANI'III
PRESIDENT SECRETARY
COUNTERSIGNED BY:
.--. ~
(~_~'-.~:~=a~ nr::h. n. .
'<r~
ISSUED AT: SAN JOSEI CA
2 OF 2
,j,
.
OWNER'S INFLATION PROTECTION ENDORSEMENT
LAWYERS IITlE JNSURANC~ CORPORATION
THE COMPANY~ RECOGNIZING THE CURRENT EFFECT OF INFLATION ON REAL PRO-
PERTY VALUATION AND INTENDING TO PROVIDE ADDITIONAL MONETARY PROTECTION
TO .THE INSURED OWNER NAMED. IN SAID POlICY~ HEREBY MODIFIES SAID POlICY~
AS FOllOWS:
1.
NOTWITHSTANDING ANYTHING CONTAINED IN SAID POLICY TO THE CONTRARY, THE
AMOUNT OF INSURANCE PROVIDED BY SAID POLICY~ AS STATED IN SCHEDULE A
THEREOF~ IS SUBJECT TO CUMULATIVE ANNUAL UPWARD ADJUSTMENTS IN THE
MANNER AND TO THE EXTENT HEREINAFTER SPECIFIED.
"ADJUSTMENT DATE" IS DEFINED~ FOR THE PURPOSE OF THIS ENDORSEMENT~ TO
BE 12:01 A.M. ON THE FIRST JANUARY 1 WHICH OCCURS MORE THAN SIX MONTHS
AFTER THE DATE OF POLICY~ AS SHOWN IN SCHEDULE A OF THE POLICY TO WHICH
THIS ENDORSEMENT IS ATTACHED~ AND ON EACH SUCCEEDING JANUARY 1.
2.
3.
AN UPWARD ADJUSTMENT WILL BE MADE ON EACH OF THE ADJUSTMENT DATES~ AS
DEFINED ABOVE~ BY INCREASING THE MAXIMUM AMOUNT OF INSURANCE PROVIDED
BY SAID POLICY (AS SAID AMOUNT MAY HAVE BEEN INCREASED THERETOFORE '
UNDER THE TERMS OF THIS ENDORSEMENT) BY THE SAME PERCENTAGE~ IF ANY~ BY
WHICH THE UNITED STATE DEPARTMENT OF COMMERCE COMPOSITE CONSTRUCTION
COST INDEX (BASE PERIOD 1967) FOR THE MONTH OF SEPTEMBER IMMEDIATELY
PRECEEDING EXCEEDS THE HIGHEST INDEX NUMBER FOR THE MONTH OF SEPTEMBER
IN ANY PREVIOUS YEAR WHICH IS SUBSEQUENT TO DATE OF POLICY; PROVIDED~
HOWEVER, THAT THE MAXIMUM AMOUNT OF INSURANCE IN FORCE SHALL NEVER
EXCEED 150% OF THE AMOUNT OF INSURANCE STATED IN SCHEDULE A OF SAID
POLICY~ LESS THE AMOUNT OF ANY CLAIM PAID UNDER SAID POLICY WHICH~
UNDER THE TERMS OF THE CONDITIONS AND STIPULATIONS~ REDUCES THE AMOUNT
OF INSURANCE IN FORCE. THERE SHALL BE NO ANNUAL ADJUSTMENT IN THE
AMOUNT OF INSURANCE FOR YEARS IN WHICH THERE IS NO INCREASE IN SAID
CONSTRUCTION COST INDEX.
4.
IN THE SETTLEMENT OF ANY CLAIM AGAINST THE COMPANY UNDER SAID POLICY~
THE AMOUNT OF INSURANCE IN FORCE SHALL BE DEEMED TO BE THE AMOUNT WHICH
IS IN FORCE AS OF THE DATE ON WHICH THE INSURED CLAIMANT FIRST LEARNED
OF THE ASSERTION OR POSSIBLE ASSERTION OF SUCH CLAIM~ OR AS OF THE DATE
OF RECEIPT BY THE COMPANY OF THE FIRST NOTICE OF SUCH CLAIM~ WHICHEVER
SHALL FIRST OCCUR.
:{ <
THIS ENDORSEMENT IS MADE A PART OF SAID POLICY AND IS SUBJECT TO THE
SCHEDULES~ CONDITIONS AND STIPULATIONS THEREIN~ EXCEPT AS MODIFIED BY
THE PROVISIONS HEREOF.
NOTHING HEREIN CONTAINED SHALL BE CONSTRUED AS EXTENDING OR CHANGING
THE EFFECTIVE DATE OF THE AFORESAID POLICY~ BINDER OR COMMITMENT UNLESS
OTHERWISE EXPRESSLY STATED.
LAWYERS TITL~ INSURANCE CORPORATION
MARVIN C. BOWLING~ JR. RUSSELL W. JORDAN~ III
PRESIDENT SECRETARY
COUNTERSIGNED BY:
ISSUED AT: SAN JOSE~ CA
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TO:
City Clerk
PUBLIC WORKS FILE NO.--E1d
(41" )
'"
Please collect & receipt
for the following monies:
35-3396
3372 Plan Check & Inspection Fee ($0 - $100,000 10%;
$100,000 - $500,0009%; $500,000 and above 7%; $100 min.)
3373 Project Plans & Specifications ($10)
3373 General Conditions, Standard Provisions & Details ($10 or $1/page)
3373 "No Parking" signs ($1/ea. or $25/100)
3373 Work Area Traffic Control Handbook ($5)
3373 Copies of Engineering Maps & Plans ($.50/sq.ft.)
3372 Final Parcel Map Filing Fee ($450+ $20 per lot)
3372 Final Tract Map Filing Fee ($500 + $20 per lot)
3372 Lot Line Adjustment Fee/Certificate of Compliance ($400)
3372 Vacation of Public Streets and Easements ($500)
3372 Assessment Segregation or Reapportionment
First Split ($500)
Each Additional Lot ($150)
Park Dedication In-lieu Fee er Unit
storm Draina e Area Fee
Public Works Special Projects
Postage
3372
3521
3521
3521
3510
Project Revenues (specify project)
Public Works Excavat/on Permit Fees:
Application Fee
Plan Check Deposit
Faithful Performance (Cash) Deposit
$
R-1:
($50)
Other:
($100)
($500)
(100% of)
(ENGR. EST)
(4% of FPB)
($500 min.)
Other Cash Deposit (specify)
($200)
-()~
~ "-
Olt'>
$ 519 ,.-
ADDRESS \ '
FOR
CITY CLERK
ONLY
PHONE
ZIP 9' 5'DO K
RECEIVED BY . ~.
DATE 5/ (PI I
.