1285 Westmont Ave. (03-76)
Sanctity of Contract
STEWART TITLE OF CALIFORNIA, INC.,
SANTA CLARA DIVISION
1087 Meridian Avenue # 20
San Jose, CA 95125
(408) 445-6700 www.stewartsc.com
MEMBER CALIFORNIA LAND TITLE ASSOCIATION
PRELIMINARY REPORT
Accessbanc Mortgage
2165 S. Bascom Avenue, Suite A
Campbell, CA 95008
Attn: Dan Youngers /Phone: (408)377-9909
Order Number: 24376378 Your Reference:
Property Address: 1285 Westmont Avenue, Campbell, CA
In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc. hereby
rcports 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 referenced to as an Exception on Schedule B or not excluded
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 the attached list.
Copies of the policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may
not list all liens, defects, and encumbrances affecting title to the land.
This report, (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a
policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance
of a policy of title insurance a binder or commitment should be requested.
Dated as of June 17, 2003 at 7:30 A.M.
Pam Turner, Title Officer
When replying, please contact
Mary Ellen Smith, Escrow Officer
Stewart Title of California, Inc.
Escrow Department
1087 Meridian A venue # 20, San Jose, CA 95125
(408) 445-6700 Fax: (408) 445-1087 www.stewartsc.com
24376378
PRELIMINARY REPORT
The form of Policy of Title Insurance contemplated by this report 1S:
American Land Title Association Loan Policy
SCHEDULE A
The estate or interest in the land hereinafter described or referred
to covered by this report 1S:
A Fee
Title to said estate or interest at the date hereof is vested in:
CHARLES R. CHAPMAN AND GLORIA M. CHAPMAN, HUSBAND AND WIFE, AS
COMMUNITY PROPERTY
Continued on next page
-1-
24376378
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California,
County of Santa Clara, City of Campbell, described as follows:
Beginning at a point in the Northerly line of that certain Tract of
land conveyed by Albert R. Smith et al to the Santa Clara Valley
Water Conservation District, recorded in Book 633 of Official
Records, Page 381, Santa Clara County Records, distant thereon South
83 05' West 190.78 feet from the Westerly line of the San Tomas
Aquino Road; thence running along said Northerly line of the land
conveyed by Smith to the Santa Clara Valley Water Conservation
District, South 83 05' West 70.04 feet; thence parallel with said
line of San Tomas Aquino Road, North 6 40' East 187.04 feet; thence
North 89 44' East 68.54 feet; thence parallel with said line of the
San Tomas Aquino Road, South 6 40' West 178.86 feet to the point of
beginning, and being a part of the premises marked "Cook Tract" as
shown upon that certain Map entitled, "Map of the Subdivision of the
Lovell and which Map was filed for record in the Office of the
Recorder of the County of Santa Clara, State of California, on
September 24, 1896 in Book F-1 of Maps, Page 5.
APN/ARB: 403-10-036
End of Legal Description
Continued on next page
-2-
24376378
SCHEDULE B
At the date hereof, exceptions to coverage in addition to the
printed exceptions and exclusions contained in said policy or
policies would be as follows:
A. Property taxes, which are a lien not yet due and payable,
including any assessments collected with taxes, to be levied
for the fiscal year 2003 - 2004 which are a lien not yet
payable.
B. The lien of supplemental taxes, if any, assessed pursuant to the
provisions of Chapter 3.5 (commencing with Section 75) of the
Revenue and Taxation Code of the State of California.
1. The apparent lack of record access to and from Westmont Avenue.
2. Deed of Trust to secure an indebtedness in the amount shown
below, and any other obligations secured thereby:
Amount $193,000.00
Dated March 6, 1997
Trustor Charles R. Chapman and Gloria M. Chapman,
husband and wife
California Reconveyance Company,
a California corporation
Great Western Bank, A Federal Savings Bank
P.O. Box 92368 Los Angeles, Ca 90009-2368
March 13, 1997
as Instrument No. 13637374, Official Records
1-795857-2
Trustee
Beneficiary:
Address
Recorded
Loan No.
3. Deed of Trust to secure an indebtedness in the amount shown
below, and any other obligations secured thereby:
Amount $75,000.00
Dated April 14, 2000
Trustor Charles R. Chapman and Gloria M. Chapman,
who are married to each other
Equitable Deed Company
Bank of America, N.A.
P.O. Box 2314 Rancho Cordova, Ca 95741
May 3, 2000
as Instrument No. 15233857, Official Records
02500121089676998
Trustee
Beneficiary:
Address
Recorded
Loan No.
The above deed of trust is reflected as an equity line loan or a
revolving line of credit. Prior to final payoff we will require
a written statement from the beneficiary that the account has
Continued on next page
-3-
24376378
been frozen and or a full reconveyance must be submitted for
recording concurrent with payoff.
4. We will require a statement of information at least 72 hours
prior to recording from the parties named below in order to
complete this report, based on the effect of documents,
proceedings, liens, decrees, or other matters which do not
specifically describe said land, but which, if any do exist, may
affect the title or impose liens or encumbrances thereon.
Parties: Vestee herein
END OF EXCEPTIONS
Typist Initials: hmn
Print date: July 02, 2003
Continued on next page
-4-
24376378
NOTES
General and Special City and/or County taxes, including any
personal property taxes and any assessments collected with
taxes, for the fiscal year 2002-2003
1st Installment: $1,682.90 PAID
2nd Installment: $1,682.90 PAID
Land $264,541.00
Improvement $ 1,192.00
Exemption $0
Tract No. 10-049
Parcel No. 403-10-036
This report cannot be used as an expedited search/starter in a
subsequent sale.
Any conveyance of the herein described property will require
payment of the $10.00 Survey Monument Preservation Fund Fee
pursuant to Government Code Section 27584, Ordinance No.
NS-300.273.
There have been no conveyances of said land recorded within 24
months prior to the date of this report.
None of the items shown in this report will cause the company to
decline to attach CLTA Indorsement form 100 to the ALTA Loan
Policy, when issued.
There is located on said land: Single Family Dwelling
known as: 1285 Westmont Avenue
Campbell, Ca
SHORT TERM RATE: yes
COUNTY OF SANTA CLARA
RECORDING FEES The Recording Fees for The County of Santa Clara
as follows:
$7.00 for the first page of a document, plus $7.00 for each
additional title over one, plus $3.00 for each additional page
(provided all pages of the document measure 8-1/2" x II" and
comply with recording requirements), except for deeds of trust
assignments of deeds of trust, reconveyance, requests for
notice, requests for notice of delinquencies and notice of
defaults.
Deeds of Trust, Reconveyance, Requests for Notice of
Delinquencies and Notices of Defaults are $9.00 for the first
Continued on next page
-5-
24376378
page of the document, plus $7.00 for each additional title over
one, plus $3.00 for each additional page (provided all pages of
the document measure 8-1/2" x II" and comply with recording
requirements) .
A Substitution of Trustee and Full Reconveyance, as combined
document is $18.00 for the first page of the document, plus
$3.00 for each additional page (provided all pages of the
document measure 8-1/2" x II" and comply with recording
requirements) .
The recording fee for a Release of Tax Lien from the State of
California, The County of Santa Clara, or a City is $11.00. The
recording fee for Release of Tax Lien from the I.R.S. is $7.00.
When recording a lien, judgment, or abstract of judgment add
$3.00 per owner or debtor.
There is a Survey Monument Preservation Fee of $10.00 charged on
the recording of all deeds containing a description other than
that of a condominium or a complete lot shown on a subdivided
tract (this fee is not charged on easements) .
Documents that are not 8-1/2 " x II" and that do not comply with
recording requirements are subject to an additional fee of $3.00
for each page.
TRANSFER TAX RATE: The Transfer Tax Rate for the County of
Santa Clara is based on $1.10 per $1,000 (or 55 cents per $500)
of total consideration given for the property, less liens and
encumbrances remaining of record. In addition to the transfer
tax charged by the County of Santa Clara, the Cities of Mountain
View, San Jose and Palo Alto have a Transfer Tax Rate based on
$3.30 per $1,000 (or $1.65 per $500) of total consideration
given for the property, less liens and encumbrances remaining of
record.
STATE OF CALIFORNIA
DOCUMENT REQUIREMENTS: Any instrument, paper, or notice
submitted for recording should be on 8-1/2" x II" white paper,
preferably 161b bound or heavier. They should be in block
print, preferably minimum 10-point type on the first page and 8
point on subsequent pages. All printing or writing should be
limited to one side of a page.
Any document submitted for recording shall have at least 1/2"
margin on each vertical side. In addition, the top 2-1/2" of
the first page shall be reserved for recording information, with
Continued on next page
-6-
24376378
the left 3-1/2" used by the public to show the name of the
person requesting recording and the name and address to which
the document is to be returned following recording. The
right-hand portion of the space is for use by the recorder only.
Any document submitted must indicate the title or titles of the
document(s) contained therein. Those title must appear on the
first page directly below the space reserved for the recorder.
All information required by the statute which provides for the
creation of the document must be there. In addition, all
recording requirements must be met.
Any document which contains sheet or sheets which do not measure
8-1/211 x 1111 or that do not comply with recording requirements
may be subject to recording penalty of $3.00 for every page of
that document.
PRELIMINARY CHANGE OF OWNERSHIP REPORT (PCOR): A Preliminary
Change of Ownership Report must be completed by the transferee
(buyer) prior to the transfer of property in accordance with the
provisions of Section 480.3 of the Revenue and Taxation Code.
The Preliminary Change of Ownership Report should be submitted
to the recorder concurrent with the recordation of any document
effecting a change of ownership. If a document evidencing a
change of ownership (i.e. Deed, Affidavit-Death Joint Tenant) is
presented to the recorder for recording with a preliminary
change of ownership report, the recorder may charge an
additional $20.
Continued on next page
-7-
24376378
CALIFORNIA "GOOD FUNDS" LAW
California Insurance Code Section 12413.1 regulates the disbursement
of escrow and sub-escrow funds by title companies. The law requires
that funds be deposited in the title company escrow account and
available prior to disbursement. Funds received by Stewart Title of
California, Inc. (Stewart Title) via wire transfer may be disbursed
upon receipt. Funds received via cashier's checks or teller checks
drawn on a California Bank may be disbursed on the next business day
after the day of deposit. If funds are received by any other means,
recording and/or disbursement may be delayed, and you should contact
your title or escrow officer. All escrow and sub-escrow funds
received will be deposited with other escrow funds in one or more
non-interest bearing escrow accounts in a financial institution
selected by Stewart Title. Stewart Title may recieve certain direct
or indirect benefits from the financial institution by reason of the
deposit of such funds or the maintenance of such accounts with the
financial institution, and Stewart Title shall have no obligation to
account to the depositing party in any manner for the value of, or
pay to such party, any benefit received by Stewart Title. Such
benefits shall be deemed additional compensation to Stewart Title
Title for its services in connection with the escrow or sub-escrow.
-8-
Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title of California, Inc.
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-B1iley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates,
from sharing non public personal information about you with nonaffiliated third party unless the institution provides you with
a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document,
which notifies you of the privacy policies and practices of Stewart Title Guaranty Company, Stewart Title Insurance Company,
Stewart Title of California, Inc.
We may collect nonpublic personal information about you from the following sources:
* Information we receive from you, such as on applications or other forms.
* Information about your transactions we secure from our files, or from our affiliates or others.
* Information we receive from a consumer reporting agency.
* Information that we receive from others involved in your transaction, such as the real estate agent or lender.
Unless it is specificalJy stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information
will be colIected about you.
We may disclose any of the above information that we colIect about our customers or former customers to our affiliates or
to nonaffiliates third parties permitted by law.
We also may disclose this information about our customers or former customers to the folIowing types of nonaffiliated
companies that perform marketing services on our behalf or with whom we have joint marketing agreements:
* Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.
* Non-financial companies such as envelope stuffers and fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR
ANY PURPOSE THAT IS NOT SPECIFIC ALL Y PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that information in
order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal information.
CLTA PRELIMINARY REPORT FORM
EXHIBIT A
CLTA PRELIMINARY REPORT FORM
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
SCHEDULE B
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
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 EXPENSES WHICH ARISE BY REASON OF:
1. (A) ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT NOT LIMITED TO BUILDING OR ZONING LAWS,
ORDINANCES, OR REGULATIONS) RESTRICTING, REGULATING, PROHIBITING OR RELATING TO (I) THE OCCUPANCY, USE, OR
ENJOYMENT OF THE LAND; (II) THE CHARACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER ERECTED ON
THE LAND; (III) A SEPARATION IN OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF THE LAND OR ANY PARCEL OF
WHICH THE LAND IS OR WAS A PART; OR (IV) ENVIRONMENTAL PROTECTION, OR THE EFFECT OF ANY VIOLATION OF THESE LAWS,
ORDINANCES OR GOVERNMENTAL REGULATIONS, EXCEPT TO THE EXTENT THAT A NOTICE OF THE ENFORCEMENT THEREOF OR A
NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND
HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OR POLICY.
(B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTEND THAT A NOTICE OF THE EXERCISE
THEREOF OR NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE
LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY.
2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE
OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAKING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH WOULD BE
BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE.
3. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS:
(A) WHETHER OR NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY. BUT CREATED, SUFFERED, ASSUMED OR AGREED TO
BY THE INSURED CLAIMANT;
(B) NOT KNOWN TO THE COMPANY, NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT KNOWN TO THE INSURED
CLAIMANT AND NOT DISCLOSED IN WRITING TO THE COMPANY BY THE INSURED CLAIMANT PRIOR TO THE DATE THE INSURED
CLAIMANT BECAME AN INSURED UNDER THIS POLICY;
(C) RESULTING IN NO LOSS OR DAMAGE TO THE INSURED CLAIMANT;
(D) ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY; OR
(E) RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAD PAID VALUE FOR
THE INSURED MORTGAGE OR FOR THE ESTATE OR INTEREST INSURED BY THIS POLICY.
4. UNENFORCEABLILITY 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 OR INDEBTEDNESS, TO COMPLY WITH THE
APPLICABLE DOING BUSINESS LAWS, OF THE STATE IN WHICH THE LAND IS SITUATED.
5. INVALIDITY OR UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE, OR CLAIM THEREOF, WHICH ARISES OUT OF THE
TRANSACTION EVIDENCED BY THE INSURED MORTGAGE AND IS BASED UPON USURY OR ANY CONSUMER CREDIT PROTECTION OR
TRUTH IN LENDING LAW.
6. ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION VESTING IN THE INSURED THE ESTATE OR INTEREST INSURED BY THIS
POLICY OR THE TRANSACTION CREATING THE INTEREST OF THE INSURED LENDER, BY REASON OF THE OPERATION OF
FEDERAL BANKRUPTCY, STATE INSOLVENCY OR SIMILAR CREDITORS' RIGHTS LAWS.
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:
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, 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 MATTERS EXCEPTED UNDER (A), (B) OR
(C) ARE SHOWN BY THE PUBLIC RECORDS.
(LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE)
REV. 1999
PAGE 1 OF
STEWART TITLE GUARANTY COMPANY
CLTA PRELIMINARY REPORT FORM
2. AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
IN ADDITION TO THE EXCEPTIONS IN SCHEDULE B, YOU ARE NOT INSURED AGAINST LOSS, COSTS, ATTORNEYS' FEES, AND
EXPENSES RESULTING FROM,
1. GOVERNMENTAL POLICE POWER, AND THE EXISTENCE OR VIOLATION OF ANY LAW OR GOVERNMENTAL REGULATION. THIS
INCLUDES BUILDING AND ZONING ORDINANCES AND ALSO LAWS AND REGULATIONS CONCERNING:
LAND USE IMPROVEMENTS ON THE LAND
LAND DIVISION ENVIRONMENTAL PROTECTION
THIS EXCLUSION DOES NOT APPLY TO VIOLATIONS OR THE ENFORCEMENT OF THESE MATTERS WHICH APPEAR IN THE PUBLIC
RECORDS AT POLICY DATE.
THIS EXCLUSION DOES NOT LIMIT THE ZONING COVERAGE DESCRIBED IN ITEMS 12 AND 13 OF COVERED TITLE RISKS.
2. THE RIGHT TO TAKE THE LAND BY CONDEMNING IT, UNLESS,
A NOTICE OF EXERCISING THE RIGHT APPEARS IN THE PUBLIC RECORDS ON THE POLICY DATE
THE TAKING HAPPENED PRIOR TO THE POLICY DATE AND IS BINDING ON YOU IF YOU BOUGHT THE LAND WITHOUT
KNOWING OF THE TAKING
3. TITLE RISKS:
THAT ARE CREATED, ALLOWED, OR AGREED TO BY YOU
THAT ARE KNOWN TO YOU, BUT NOT TO US, ON THE POLICY DATE - - UNLESS THEY APPEARED IN THE PUBLIC
RECORDS
THAT RESULT IN NO LOSS TO YOU
THAT FIRST AFFECT YOUR TITLE AFTER THE POLICY DATE - - THIS DOES NOT LIMIT THE LABOR AND MATERIAL
LIEN COVERAGE IN ITEM 8 OF COVERED TITLE RISKS
4. FAILURE TO PAY VALUE FOR YOUR TITLE.
5. LACK OF A RIGHT:
TO ANY LAND OUTSIDE THE AREA SPECIFICALLY DESCRIBED AND REFERRED TO IN ITEM 3 OF SCHEDULE A OR
IN STREETS, ALLEYS, OR WATERWAYS THAT TOUCH YOUR LAND
THIS EXCLUSION DOES NOT LIMIT THE ACCESS COVERAGE IN ITEM 5 OF COVERED TITLE RISKS.
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:
1. ANY RIGHTS, INTERESTS, OR CLAIMS OF PARTIES IN POSSESSION OF THE LAND NOT SHOWN BY THE PUBLIC RECORDS.
2. ANY EASEMENTS OR LIENS NOT SHOWN BY THE PUBLIC RECORDS. THIS DOES NOT LIMIT THE LIEN
COVERAGE IN ITEM 8 OF COVERED TITLE RISKS.
3. ANY FACTS ABOUT THE LAND WHICH A CORRECT SURVEY WOULD DISCLOSE AND WHICH ARE NOT SHOWN BY
THE PUBLIC RECORDS. THIS DOES NOT LIMIT THE FORCED REMOVAL COVERAGE IN ITEM 12 OF COVERED TITLE RISKS.
4. ANY WATER RIGHTS OR CLAIMS OR TITLE TO WATER IN OR UNDER THE LAND, WHETHER OR NOT SHOWN BY THE
PUBLIC RECORDS.
(LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE)
REV. 1999
PAGE 2 OF 6
STEWART TITLE GUARANTY COMPANY
CLTA PRELIMINARY REPL-.,-r FORM
3.
AMERICAN LAND TITLE ASSOCIATION LOAN
WITH ALTA ENDORSEMENT - FORM 1
AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY
WITH ALTA ENDORSEMENT - FORM 1 COVERAGE
EXCLUSIONS AND COVERAGE
POLICY (10-17-92)
COVERAGE
(10-17-92)
THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY
LOSS OR DAMAGE, COSTS, ATTORNEY'S FEES OR EXPENSES WHICH ARISE BY REASON OF:
1. (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; (II) THE CHARACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER
ERECTED ON THE LAND; (III) A SEPARATION IN OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF THE LAND OR
ANY PARCEL OF WHICH THE LAND IS OR WAS A PART; OR (IV) ENVIRONMENTAL PROTECTION, OR THE EFFECT OF ANY
VIOLATION OF THESE LAWS, ORDINANCES OR GOVERNMENTAL REGULATIONS, EXCEPT TO THE EXTENT THAT A NOTICE OF THE
ENFORCEMENT THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED
VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY.
(B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTENT THAT A NOTICE OF THE
EXERCISE THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED
VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY.
2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT
DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAKING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH
WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE.
3. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS:
(A) 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 THE 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.
4. UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE BECAUSE OF THE INABILITY OR FAILURE OF THE INSURED AT
DATE OF POLICY. OR THE INABILITY OR FAILURE OF ANY SUBSEQUENT OWNER OF THE INDEBTEDNESS, TO COMPLY WITH
APPLICABLE DOING BUSINESS LAWS OF THE STATE IN WHICH THE LAND IS SITUATED.
5. INVALIDITY OR UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE, OR CLAIM THEREOF, WHICH ARISES OUT OF
THE TRANSACTION EVIDENCED BY THE INSURED MORTGAGE AND IS BASED UPON USURY OR ANY CONSUMER CREDIT PROTECTION
OR TRUTH IN LENDING LAW.
6. ANY STATUTORY LIEN FOR SERVICES, LABOR OR MATERIALS (OR THE CLAIM OF 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.
7. 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,
THAT IS BASED ON:
(I) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A FRAUDULENT CONVEYANCE OR
FRAUDULENT TRANSFER; OR
(II) THE SUBORDINATION OF THE INTEREST OF THE INSURED MORTGAGEE AS A RESULT OF THE APPLICATION OF THE DOCTRINE
OR EQUITABLE SUBORDINATION; OR
(III) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT
WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE:
(A) TO TIMELY RECORDED THE INSTRUMENT OF TRANSFER; OR
(B) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR.
(LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE)
REV. 1999
PAGE 3 OF 6
STEWART TITLE GUARANTY COMPANY
CLTA PRELIMINARY REPL
,
~
FORM
THE ABOVE POLICY FORMS MAY BE ISSUED TO AFFORD EITHER STANDARD COVERAGE OR EXTENDED COVERAGE. IN ADDITION TO THE
ABOVE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE IN A STANDARD COVERAGE POLICY WILL INCLUDE THE
FOLLOWING GENERAL EXCEPTIONS:
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:
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 CALIMS 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 ENCUMMBRANCES, 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 MATTERS EXCEPTED UNDER (A), (B) OR (C)
ARE SHOWN BY THE PUBLIC RECORDS.
4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (lO-17-92)
~D
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (lO-17-92)
EXCLUSIONS FROM COVERAGE
THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY
LOSS OR DAMAGE, COST, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON OF:
1. (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; (II) THE CHARACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR
HEREAFTER ERECTED ON THE LAND; (III) A SEPARATION IN OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF
THE LAND OR ANY PARCEL OF WHICH THE LAND IS OR WAS A PART; OR (IV) ENVIRONMENTAL PROTECTION, OR THE EFFECT
OF ANY VIOLATION OF THESE LAWS, ORDINANCES OR GOVERNMENTAL REGULATIONS, EXCEPT TO THE EXTENT THAT A NOTICE
OF THE ENFORCEMENT THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR
ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY.
(B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTENT THAT A NOTICE OF THE
EXERCISE THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED
VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY.
2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT
DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAKING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH
WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE.
3. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS:
(A) 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; OR
(E) RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAD PAID VALUE
FOR THE ESTATE OR INTEREST INSURED BY THIS POLICY.
4. ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION VESTING IN THE INSURED THE ESTATE OR INTEREST INSURED BY
THIS POLICY, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY, OR SIMILAR CREDITORS'
RIGHTS LAWS, THAT IS BASED ON:
(I) THE TRANSACTION CREATING THE ESTATE OR INTEREST INSURED BY THIS POLICY BEING DEEMED A FRAUDULENT
CONVEYANCE OR FRAUDULENT TRANSFER; OR
(II) THE TRANSACTION CREATING THE ESTATE OR INTEREST INSURED BY THIS POLICY BEING DEEMED A PREFERENTIAL
TRANSFER EXCEPT WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE:
(A) TO TIMELY RECORD THE INSTRUMENT OF TRANSFER; OR
(B) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR.
(LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE)
REV. 1999
PAGE 4 OF 6
STEWART TITLE GUARANTY COMPANY
CLTA PRELIMINARY REP,
r FORM
THE ABOVE POLICY FORMS MAY BE ISSUED TO AFFORD EITHER STANDARD COVERAGE OR EXTENDED COVERAGE. IN ADDITION TO THE
ABOVE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE IN A STANDARD COVERAGE POLICY WILL INCLUDE THE
FOLLOWING GENERAL EXCEPTIONS,
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,
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 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, CONFLIICTS 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; (CI WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B) OR (C)
ARE SHOWN BY THE PUBLIC RECORDS.
5. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6-2-98)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-17-98)
EXCLUSIONS
IN ADDITION TO THE EXCEPTIONS IN SCHEDULE B, YOU ARE NOT INSURED AGAINST LOSS, COSTS, ATTORNEYS' FEES, AND
EXPENSES RESULTING FROM:
1. GOVERNMENTAL POLICE POWER, AND THE EXISTENCE OR VIOLATION OF ANY LAW OR GOVERNMENT REGULATION. THIS
INCLUDES ORDINANCES, LAWS AND REGULATIONS CONCERNING,
A. BUILDING
B. ZONING
C. LAND USE
D. IMPROVEMENTS ON LAND
E. LAND DIVISION
F. ENVIRONMENTAL PROTECTION
THIS EXCLUSION DOES NOT APPLY TO VIOLATIONS OR THE ENFORCEMENT OF THESE MATTERS IF NOTICE OF THE VIOLATION OR
ENFORCEMENT APPEARS IN THE PUBLIC RECORDS AT THE POLICY DATE.
THIS EXCLUSION DOES NOT LIMIT THE COVERAGE DESCRIBED IN COVERED RISK 14, 15, 16, 17, OR 24.
2. THE FAILURE OF YOUR EXISTING STRUCTURES, OR ANY PART OF THEM, TO BE CONSTRUCTED IN ACCORDANCE WITH APPLICABLE
BUILDING CODES. THIS EXCLUSION DOES NOT APPLY TO VIOLATIONS OF BUILDING CODES IF NOTICE OF THE VIOLATION
APPEARS IN THE PUBLIC RECORDS AT THE POLICY DATE.
3. THE RIGHT TO TAKE THE LAND BY CONDEMNING IT, UNLESS,
A. NOTICE OF EXERCISING THE RIGHT APPEARS IN THE PUBLIC RECORDS AT THE POLICY DATE; OR
B. THE TAKING HAPPENED BEFORE THE POLICY DATE AND IS BINDING ON YOU IF YOU BOUGHT THE LAND WITHOUT
KNOWING OF THE TAKING.
4. RISKS:
A. THAT ARE CREATED, ALLOWED, OR AGREED TO BY YOU, WHETHER OR NOT THEY APPEAR IN THE PUBLIC RECORDS;
B. THAT ARE KNOWN TO YOU AT THE POLICY DATE, BUT NOT TO US, UNLESS THEY APPEAR IN THE PUBLIC RECORDS
AT THE POLICY DATE;
C. THAT RESULT IN NO LOSS TO YOU; OR
D. THAT FIRST OCCUR AFTER THE POLICY DATE - THIS DOES NOT LIMIT THE COVERAGE DESCRIBED IN COVERED RISK
7, 8.0, 22, 23, 24 OR 25.
5. FAILURE TO PAY VALUE FOR YOUR TITLE.
6. LACK OF A RIGHT,
A. TO ANY LAND OUTSIDE THE AREA SPECIFICALLY DESCRIBED AND REFERRED TO IN PARAGRAPH 3 OF SCHEDULE A;
AND
B. IN STREETS, ALLEYS, OR WATERWAYS THAT TOUCH THE LAND.
THIS EXCLUSION DOES NOT LIMIT THE COVERAGE DESCRIBED IN COVERED RISK 11 OR 18.
REV. 1999
PAGE 5 OF 6
STEWART TITLE GUARANTY COMPANY
"GOLD" COMPREHENSIVE PROTECT I
LOAN POLICY OF TITLE INSURANCE
EXCLUSIONS FROM COVERAGE
THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY
LOSS OR DAMAGE, COST, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON OF:
1. (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; (II) THE CHARACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR
HEREAFTER ERECTED ON THE LAND; (III) A SEPARATION IN OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF
THE LAND OR ANY PARCEL OF WHICH THE LAND IS OR WAS A PART; OR (IV) ENVIRONMENTAL PROTECTION, OR THE EFFECT
OF ANY VIOLATION OF THESE LAWS, ORDINANCES OR GOVERNMENTAL REGULATIONS. EXCEPT TO THE EXTENT THAT A NOTICE
OF THE ENFORCEMENT THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR
ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY.
THIS EXCLUSION FROM COVERAGE I(A) DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 14, IS,
16, 17, 34, AND 41.
(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.
THIS EXCLUSION FROM COVERAGE I(A) DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 14, IS,
16, 17, 34, AND 41.
2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT
DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAKING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH
WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE.
3. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS:
(A) 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 (THIS EXCLUSION FROM COVERAGE 3 (D) DOES NOT LIMIT THE
COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 7, 8, 15, 16, 18, 21, 22, 24, 25, 26, 28, 29, 30, 32, 33, 34,
35, 38, 39, AND 40);
(E) RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAD PAID VALUE
FOR THE INSURED MORTGAGE.
4. UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE BECAUSE OF THE INABILITY OR FAILURE OF THE INSURED AT
DATE OF POLICY, OR THE INABILITY OR FAILURE OF ANY SUBSEQUENT OWNER OF THE INDEBTEDNESS, TO COMPLY WITH
APPLICABLE DOING BUSINESS LAWS OF THE STATE IN WHICH THE LAND IS SITUATED.
5. INVALIDITY OR UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE, OR CLAIM THEREOF, WHICH ARISES OUT OF
THE TRANSACTION EVIDENCED BY THE INSURED MORTGAGE AND IS BASED UPON ANY CONSUMER CREDIT PROTECTION OR
TRUTH-IN-LENDING LAW.
6. 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, THAT
IS BASED ON:
(A) THE TRANSACTION CREATING THE ESTATE OF THE INSURED MORTGAGEE BEING DEEMED A FRAUDULENT CONVEYANCE OR
FRAUDULENT TRANSFER; OR
(B) THE SUBORDINATION OF THE INTEREST OF THE INSURED MORTGAGEE AS A RESULT OF THE APPLICATION OF THE DOCTRINE
OF EQUITABLE SUBORDINATION; OR
(C) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT
WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE;
(I) TO TIMELY RECORD THE INSTRUMENT OF TRANSFER; OR
(II) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR.
7. TAXES, ASSESSMENTS, COSTS, CHARGES, DAMAGES AND OTHER OBLIGATIONS TO THE GOVERNMENT SECURED BY STATUTORY
LIENS THAT BECOME A LIEN ON THE LAND SUBSEQUENT TO DATE OF POLICY, BUT THIS EXCLUSION 7 DOES NOT LIMIT THE
COVERAGE OF INSURING PROVISION 34.
REV. 1999
PAGE 6 OF
STEWART TITLE GUARANTY COMPANY
(J)o⁣;~ag
;;jg(J)aJOC(J)
:2:CCplo::u-o
~::U~--Ir,
-mmI)>~
~Z(J)<mz-l
-IGlz[g::uoc;;
=i~o-l-o:2:"
, 'O~=iO
m::U:;;:rnOI::U
Gl~~mm::u-<
C(J)'o'mo
~O=io(J)"C
~z-<::u. m;:u
zO";:U:2:~!:
-I"Om::!=zo
-<;:u::Uo,o_
Om~_-1mmZ
O,Z-l-l-l'
~:;;:-<I::!=OO
-oz,m(J)cno
~OOO-o-l~
zmcnO,::u_
-<-I(J)~~mz
. I -o-lmGl
m ~ -I
::u Z
m -<
o
z
-fr- -;- HARRIEl
-I \ I II Bf.87 I ":: ":O~ ":~ ,'5
:u \ 9, 01 I _I
z : ~ ~ 2 I~ 01 I~ 1O'j ~ 81 r:~
Ie IrTI" 0 .jl, I II> Iii
~ ,(J) 65&2' '" 'I:;
I\l I~ I --=-m.t2---,-l.----Tho;,;o--~or'
o ,O! ~ ~ ll:i '" I?J 0> I~ HAI1I1'Er if
'Z'~!!l 'ei I!
i -j " '08.78 1- ___ _ ':: =:::l.
w
'"
0
'" ;., I~
.. '"
.
0 '"
'-< "".;::-
'"
>> IV
r> .~
z
'" ~
-l
/2B
I~ ~!
1';, :;;;-
I '01
11\36 ..---.1 :'~
,::1
,
,
,
,
,
,
,
,
,
,
-- --lit:;...-- --___1
I&;
~
i;
I>!;<
,-
i
=
I :a I~
Co
'll
<:>
~d '" ~
.. ~
,
I_~d I~
~~ I~
B
00
;; ~a
~ ~~
Z!
~"'
~I f-
\>).
~. ~E l~
~ t gz-..~ _
II !or . ~< i~:=-;i;"-~_._
. t.s ~ 0, 56.26 ----..'1
' :1 tDl~~ ~ :~ I...... E$i1 --8~)--_
. ,,10:. a> 'I 0 '" ~
0) 0 I -. :
@ I il!ll_2~!~__~ 99 ~ ,.
~ I iil I .OJ.20.o I - - - - -.;; - - i
" j 1-" ~ : ...... N I
<>i ~I ~ > U1 ,i:! looN ,
~~ 0 I 'I\i ~ ::~ I::::!
-:;:;-, !~ ,- _9.!.!9. _ _ -k-.. _ ~ _ -- -, :;;;f!l
~I ~ _!:: P: iE
-< ~I 10 "''''''~ ,-;;j "
rill: ~ > ':., ~ ~ '-' ,,,,, .
O (... n,'O __ _ tN,;
<.~ 'n, I
rrt ". 71"5 J 'ii'-
F 1R~~f] 8i.62 ,_,,,
~ I CH.ucftf!fl9-~_.S"'!!.;. :: i':s32
< I /!'M.6/0:., _.'..,
f'1 "98 "'-/5 I
'--', .....,
. .p I I ......
, ",~, e
- ~ :,''t L: ~qtQ
. I~' ~It:>~n "'~i
~ J ~1-f. -~
...~ >>e"fL.!!_
'" <2 r>o OI-"IJll Iii;
I.tnr~...,r:tf ~
:-992. 0 I 9-1/86. t
'- , in
8..1~~ %~11ll5
. I~ ~:
'" : I\)
J"'of1~.~"..
3117.~.
I,..
II
~~
it
It;
;I~
-, /--;-
.,~.!; ~Jo.1 Jo' I
"," OJ I
'.. ; (Q ~
~I'~~ ~ ~
~. r> g: rrJ Z
~: ii: r p
~I.------T-O-.---- ~ ~
~r 0 81.iO ,~Ol.., VI 0
c:~~ ,- 1~""~lo g: ~ t.:::\(lD '"
f:..lD"" - ''''~ Q) it I..::::J
I:\} JI;"~ - LE'_o.!.!..._
r~--.--,is~i--~}~-
:CII~ -.. ;~-.i29---
J:"''-' 1- :~U1N 10 ~
)> 0 ,<:: ~ lQ t;:
'" .~~...P 10'U19 '"
35).41'
860
H~.2'
I~
,.
'"
,''-,,
I@
--=./~
+
"!
o
."
."
r
0-0
~2!
F,
~~
)>oN
(")
-l
o
."
o
o
c:
:z
-i
-<
I
U~WOOO ~
rtIVE ~
"
?...OJ
.
~
.....~.I2 92
I@ CO~: IVT~. DIST.
'J.'7 . c. v.H:o.
;;; "'----- -.
:;." ~..
; .......
I~
i1!
Iii '"
:a
'!
980
.
"515
9S,
, ; ""8
9S~ 9." ~ - \1<-
~- ..,-;~ I;
gS2
,
"""
g'l
~ 1(q
IQ; It
I~
ii
I~
~
~~~
Z
C
rrJ
I~
~
I~
~ Ie
.11(' I~
tn
I~ m ::: 1J.12 J_11
'5C17
I~
'J u Ji:~...~...
I~
=- I~
N 'V f""\..
5.12 :-f 0 I~ <D;:Ji
AO(:;- '5... ~I
- lNO~.. _". I... ",.
T. ....
RAeT Nl!82 -~"JS..' "~;"/!I I
r~J~ 6@Ot;l'l...."~k040~
'" ~-- Ol~
\'",,#'
I
~
;;;
lOdi" /7.t1d
;;;CJl P-o
: ~ I~ CD~.:
;: \0 l>' ::
J.t'2"~ ~ -~~,~;;j ~
I ~ ; I~ :f l
I ~. 2 0
[. ; 6":"5
- . ~--..... ~ '- ''::g - ". 7..
f{li . SANa. !~MA.S
hi~ (M'
:O!ii~)> mi::
ltif!" c::
l;<>l~ en
"'!f c::>
'i-~ ::
~~I~ e
~~i
~
a;
II __
.
~
o
q
t;8
So
6'~
~:
fi~
.
~: ,;'I llg
..
:0- ~
'~ l:l
'I:: .l/J
~":" ~
-. ~
., . ~
; t ~
Y)' 30'
"'--
e
~
Ul
:.
z
-i
>
o
r-
>
'"
>
o
o
c:
z
...
-<
o
>
r-
."
o
;;0
:z
:.
~1Il
00
U~
~
------------------------------------------------------------------------
Lot name: 2
North: 5053.5279
Line Course: S 83-05-00 W
North: 5045.0933
Line Course: N 06-40-00 E
North: 5060.4190
Line Course: N 83-05-00 E
North: 5068.8536
Line Course: S 06-40-00 W
North: 5053.5279
Perimeter: 170.94
East: 3356.2532
Length: 70.04
East: 3286.7230
Length: 15.43
East: 3288.5143
Length: 70.04
East: 3358.0446
Length: 15.43
East: 3356.2532
Area: 1,051 sq. ft. 0.02 acres
Mapcheck Closure - (Uses
Error Closure: 0.0000
Error North: 0.00000
precision 1: 170,940,000.00
listed courses, radii, and deltas)
Course: S 90-00-00 E
East: 0.00000
o~ . CAI11
. /->0:>
f: to"
- r""
U r
CAMPBELL
~ "-
1- '-
<' ,-,'
ORCH^"'"
,-
!.--.
'.
U
CITY OF CAMPBELL
Public Works Department
July 17, 2003
::t/t~; W -piu\!Ul Jp 1'(\ ~
by ~(-~
Charles Chapman
1285 Westmont Avenue
Campbell, CA 95008
Subject:
1285 Westmont Avenue Frontage - Utility Clearance
Dear Mr. Chapman:
The City of Campbell is processing your street vacation request, which includes a 15' x 70' area,
approximately 1050 square feet, along your property frontage. As part of the process the City
requires utility clearance letters from the utility companies. Although the street vacation has yet not
taken place, clearance letter are required to ensure there is no conflict with the utility companies. If
you have any questions or comments I can be reached at (408) 866-2166.
Sincerely,
Edward Arango, P.E.
Associate Engineer
J:\LandDev\Plan Check Comments\Westmont 1285 Ltr.doc
70 North First Street Campbell, California 95008-1436 TEl. 408.866.:2150 FAX 408.376.0958 TDD 408.866.:2790
R< Ere'i
:" '-' .L. i
r ?",-'''-')
J [il. i <
WEST VALLEY SANITATION DISTRICT
OF SANTA CLARA COUNTY
S~~1ft1l'~~~~F
CITY OF CAMPBELL
TOWN OF LOS GATOS
CITY OF MONTE SERENO
CITY OF SARATOGA
UNINCORPORATED AREA
July 15, 2003
Charles R. Chapman, Jr.
1285 Westmont Avenue
Campbell, CA 95008
RE: Vacating a Portion ofWestmont Avenue
APN 403-10-036 (1285 Westmont Avenue)
Dear Mr. Chapman:
The district's conditions for the approval of your request are the following: W' /l7 ~.( /f ,?
1. Install a property line sewer c1eanout at the new property line per West Valley
Sanitation District's standards. The new cleanout will serve as the terminus of
the district's maintenance responsibility to your property.
2. Payment of $255 for inspection fee.
Please call if you have any questions.
.~
athan K. Lee
S nior Civil Engineer
cc: Harold Housley, City of Campbell
'00 East Sunnyoaks Avenue, Campbell, California 95008-6608 Tel: (408) 378-2407 Fax: (408) 364-1821
o~ . CA1J
. /)<?
~ ~
- \"'"
U ..
:f=t' (e.
CAMPBELL
.-' "-
.,. "-
(' c.>
OI?CHARO
CITY OF CAMPBELL
I
t
\. . ..)
~
Community Development Department
j!Jj1 Tht ()Ilhlnd (Ii) :W01
June 18,2003
Charles and Gloria Chapman
1285 Westmont Avenue
Campbell, CA 95008
Re: Site and Architectural Review Permit Application
File No.: PLN2003-76
1285 Westmont A venue
Dear Mr.& Mrs. Chapman:
Thank you for your Site and Architectural Review application for a single-family residential addition
on property located at 1285 Westmont A venue. Due to the size, location, design and height of the
addition, the Community Development Director has referred the application to the Planning
Commission, where the matter will be decided upon at a public hearing.
Your application has been deemed incomplete. The following additional information and details are
needed in order to deem your application complete and schedule it for meetings with the Site and
Architectural Review Committee (a sub-committee of the Planning Commission) and the Planning
Commission:
1. Elevations - Complete elevations of the existing residence and the proposed addition needs to be
submitted. All four elevations of the building need to be submitted. It is important that the
elevations depict the scale and detail of the addition as it relates to the existing residence.
2. Preliminary Title Report: - Please provide a preliminary title report for the property.
3. Sample Board and Photos - Please provide samples of the following:
a. Building materials (Please call out materials on the elevations)
b. Paint colors (Please note on elevations)
c. Photographs of the subject site and surrounding properties need to be submitted.
4. Site Plan - The following information needs to be provided on the site plan:
a. Provide location and uses of buildings on adjacent properties. Describe the height and
type of the structures.
b. Show the street right-of-way and dimensions to centerline.
c. Show existing and proposed easements and utilities
d. Show demolition of any structures.
e. Please illustrate on-site trees per the San Tomas Neighborhood Standards.
70 North First Street Campbell, California 95008-1436 TEL 408.866.2140 lAX 408.871.5140 Tim 408.866.2790
.!!..!::.!:!?q9..!..~.?~.::'...!..?.~~..'!Y~~.~.".!?.'!.~.:..:.....:~'!~....................................................................................................................................................................n........!:~?~..?...ql..?..........
5. Vicinity Map - A vicinity map needs to be provided. This map needs to illustrate the layout of
adjacent lots and the locations of buildings on those properties. Aerial photographs are available
for review in the Public Works Department.
The plans depict a one car garage with a substandard side yard setback of 3 feet. Please provide
evidence of building permits for this structure.
The Fire Department has requested that the structure be provided with a fire sprinkler system due to
the distance to the center line of the street. Please note on the plans.
If you should have any questions regarding these comments or the requested information, please
contact me at (408) 866-2144 or via email attimh@citvofcampbell.com.
Sincerely,
/fZ~
Tim Haley
Associate Planner
cc: Geoff Bradley, Senior Planner
Ben Mendoza, Code enforcement Officer
Ed Arango, Associate Engineer
J:\Completeness Letters\PLN2003-76 1285 Westmont Ave.doc
MEMORANDUM
CITY OF CAMPBELL
TO:
Tim Haley, Project Planner
DATE: 06/17/03
FROM: ~ Lynn Penoyer, Land Development Manager
Ed Arango, Associate Engine~
SUBJECT: DRC APPLICATION
Site Address: 1285 Westmont Avenue
For File No(s): PLN 2003-076
Project Description: New Addition to SFR
Applicant: Charles and Gloria Chapman
COMMENTS
This property location falls under City Project 03-04 Westmont A venue Street Improvement.
With this City project the property's frontage is scheduled for improvements to be installed
beginning in July 2003 (i.e. curb, gutter and sidewalk). A Notice of Improvement Obligation will
be set on the property after the improvements are constructed. The property owners will be
required to payoff the Notice of Improvement Obligation immediately after the improvements
are constructed.
PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL
1. Work in the Public Right-of-Way: Prior to doing any work in the public right-of-way, the
applicant shall obtain an encroachment permit, provide plans, pay fees and deposits, post
security, and provide insurance.
2. Deferred Street Improvement Agreement: Prior to issuance of any grading, drainage, or
building permits for the site, the owner shall execute a deferred street improvement
agreement for construction of standard street improvements and/or payoff of Notice of
Improvement Obligation.
3. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer
cleanout(s) shall be installed on private property behind the public right-of-way line.
4. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of
the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant
shall comply with all plan submittals, permitting, and fee requirements of the serving utility
compames.
J :\LandDev\Conditions\ Westmont 1285.DOC
Page 1 of 2
1285 Westmont A venue
5. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer for
installation and/or abandonment of all utilities. Streets that have been resurfaced within the
previous five years will require boring and jacking for all new utility installations.
Applicant shall also prepare pavement restoration plans for approval by the City Engineer
prior to any utility installation or abandonment.
6. Santa Clara Valley Water District (SCVWD): Prior to issuance of any permits for grading,
landscaping, or building, the applicant shall obtain a clearance from the SCVWD.
J:\LandDev\Conditions\Westmont 1285 .DOC
Page 2 of 2
MEMORANDUM
CITY OF CAMPBELL
TO:
Tim Haley, Project Planner
DATE: 06/16/03
FROM: Lynn Penoyer, Land Development Manager
Ed Arango, Associate Enginee~
SUBJECT: DRC APPLICATION
Site Address: 1285 Westmont Avenue
For File No(s): PLN 2003-076
Project Description: New Addition to SFR
Applicant: Charles and Gloria Chapman
PUBLIC WORKS DEPARTMENT COMPLETENESS COMMENTS
Provide plan showing:
a. Entire lot, with accurate lot dimensions.
b. Street right-of-way and centerline.
c. Existing and proposed utilities.
d. Existing and proposed easements.
e. Demolition of any existing structures.
J :\LandDev\Completeness\ Westmont 1285.DOC
DEVELOPMENT REVIEW COMMENT SHEET
APPLICATION
Distri bution:
Completeness Comments:
Conditions of Approval:
June 10, 2003
June 16, 2003
June 25, 2003
ROUTE TO:
Architectural Advisor
X Fire Department
Police Department
Redevelopment Agency
X Land Development Engineer
X Traffic Engineer
Service Center
X Building Division
PROJECT DESCRIPTION
Application for a site architectural approval to allow a residential addition in a
R-1-6 Zoning District in the San Tomas Area.
File No.:
APN:
Applicant:
Project Address:
Zoning:
General Plan Designation:
PROJECT PLANNER:
PLN 2003-76
403-10-36
Charles and Gloria Chapman
1285 Westmont Avenue
R-1-6
Low Density Residential ( less than 6 units per gross acre)
Tim Haley
DEPARTMENTAL RECOMMENDATION:
If it can be determined that this project will require minimal or no comments by
your department/agency, please return this comment sheet with your initials to
the Project Planner as soon as possible.
Status
Initial
Comments
No Comments
Additional information/revisions (see attached)
W(W(R(W(W(W(.(W("(W(W(W(W(W(W(W(W(WCWCWCW(WCW(W(WCWCW(W(W(W(W(WCW(W(WCW(W(W(W(W(W("(-(W(
DEXD OF. DCON'lftAlCll '
WHERlUS', the IDl!ebtedne.s .ecured to be pald by the deed 01' 'rust execute4 b7 K
...T..III1tJLIJUl 1Iu1.h>>.11kiJt1a,iU'tt.l'1'ed U.&a1th, UJ:IIIlAI!'rlec1. .llbert B.Sm.1th and LUll.. ..,.
.~th. h1s wlte,'and ~ameo R.Smlth. unmarried. to ..~.Clos.. as trustee. dated January
21 1920 and recorded In the ottice 01' the County Reoorder or the County 01' Santa Clara.
, , -' ,
State 01' California in Llber 122 or '!"rust Deeds. at page 2~ et seq.. haa been tully
.' , " "
pa1d~'~~~- ';"f
NOW THEREFORE, I. 1f.~.Cl08e, as:,.,.~~~rusteet.~~':,~li,~;ebY grant, r81118e, release
and reconny unto said 1.~.Smlth, J'recI B.SIIl1tll.i~tnbert B.Sm1~J.land 1'''. R.Smlth, their
he1rs and uslgns. without an)' arranty. all the estate and lIltereat deriTed to me. the
8a1d trustee. by or through sa14 4eeel 01' trust. in tht. lan4s ,dtuateel 1JI the County 01'
Santa Clara State 01' calitornia. and therein descrlbed. together with the appurtenances.
J .. :,,;.,"~-~
Spec1al reference be1ng hereby made to said deed ot'.~~st..nd the record thereat. tor a
particular description at sa14 lands. ,; ..... .,,'}~,i- "'.,','".',"
TO HAVE J..ND TO HOLD the same, w1t1:i()ut,'.ii'warran~, unto the said E.~ .Sm1th,
"~',4;';'.'t~~.,..,~.,.~.~ ',";::r,'<I!'~~~' .
!'red H.Smith. J.lbert R.Smith, and ~ames R.SDl1t.!wtheir helr.~i~nd assigns 1'orever.
IN nTNESS WHEREOF, I have hereuntoaet -.:r hand this 9th day 01' December,
A.D.19:32.
~~.Close. Trustee.
W"1tness --
STA,7E OF CALIP'ORNll
COUNTY 0F SANTA. CL.tJU.
On this 9th day at December. A.D.1932, be1'ore me,
EwaDgellne Mattos.a Notary Public 1n and for said
County 01' Sante Clara. resid ing therein. duly COJlllll18s toned and slforn, personally appeared
~~.Clo8e, known to me to be the person whose name is subscr1bed to the annexed and
fo:,egolng inst1'".l1Dent as party thereto. personaln known ~ lie to be the person de~cribed
as tr~stee in. and ~ho, as trustee, executed the said instrument and he acknowledged
to Iroe t!la t !le executed the same. and as trustee as therein sot forth.
ill nTNBS2 '.rrlEREOF, I have hereunto set flf1 hand and arflxe4 Df1 ottic lal seal,
at my ot1'1ce ~ said County 01' Santa Clara, the dey and yefa' 1n th1s certificate tirst
above written.
l NOTARIAL SEAl.)
SSe
bangeline Jlattos, 5otal'J Public in and for the sai4
County at Santa Clara. State of Calitornia.
Fll.lm m. K-20212
liled to:' record at ',he request ot ~ Jose Abstract and T1tle In~~rance Co.
Dee 14 1932 at 30 min. past 12 o'clock K.
CBI.S. .I. PAYNE ,RECORDEB
;r .B.'l'homas Deputy Becorder
4t ,<7. .'J
coroaparecI doo ~~' ~ .7?""- OCllll'81'fM1 book V' ~
:__........ ~ HJ'lJ.1"HJBJ'lJ
: . _: W(W(W(_(W(_{.(W'W(_(W(_(W(W(W(W(W(_(W(W(_C_CW(W(WC_(W(W(w(.(W(W(W(-(W(W(W(W(W("C-C"(WC"(W("
: . tl.OO' i '!'l1LS IJI)EN'l'U1lS, _de the 7th.da,.. 01' ltove.ber, 1a tM year ot oar Lord, nineteen
~.........~i hundred eel thi:t:;-two. between .&1bel'", R.SIIlitll and LUllen "y Smith. his wite. George
'fhmaa Smitll and Edith .l.Sa1th. his wit., !'rei H.SaUh and "ude~ R.Smlth, his w11'e,
an. .f.... ll.8JR1th and Boae Smith, his wite. the parties ot the first part. and
Santa C'.ara TaUe)' "later Conservation Distrlot, the part~1ibe aecond part;
WI1'JIISSK'lH: That -the saleS parties 01' the tirst pert. 1'or and In consideration
.ot the... ot One 'l'hoaAJl4 Dollara C$1.0oo.oo), gold oobl of: the United States of
.-.ri.. to th_ in hand pai4 b)' the part)' 01' the aea0n4 part. the 1'8ce Ipt whereot' 19 hereb7
ackDo1rleclgel. _4 oth8!! IP04J and "Ya11l8bl. oons1clerat1oD lMrre1Dat\er reterred to, do by
t... pre..nts giant. bargain. 8ell and contlra unto the part)' of tha second par"' and
to h. nco...,n and a..igns torever, all that cct.in .piece or parcel 01' land, situated,
'~111& ad betnc iD the Count)' at Santa Clara, State ot CaL1tornla, and bov.n:!ed an4
'4eav1becl u :t01.1o.... ~o-lflt:
i BlGIDDIl .t a point in the oenter 11De of a ~ n. roa" at the southeasterly
, '
;oorner of Lot r. ot the "Ibnll ~~ .. _" lIJ.ovell 1'1'ad- 18 ShOWD on a ap re corded
t!ia Book ~-1 or 1Iape, pac. &. iD the oUlo.'ar tile CouIlt)' Reoor4el' o~ Sauta Olara eoun,..
I
F-11tca-nta. ad rwm1llltheDoe alOD8 n. oento lae ot 881. SO tt, roea JI. 8:5. 10' :I.
JU.8ft eha1u to th. poiDt ot tatened10Jl G.:t 1;1111 oent_ ,Un. ar 881c1 :so rt. road with the
I"8ter17 lme or a <&0 n. :rod tn. SaD ~. ~ Boal).' . th__ toJWJw1DS the w..terl,..
!1ue ar 881" 40 n. 1'OtUI.. '-rU! L'O.'.01Wlltu. 'hen.. ~_ pa:rallel with the
I -. ",-''',.::.,':'''. '.',' . -'.. -:,,,":'~' ,'" ~-".:.: ',.' '" ,.- ',.
oen~er l1Be ot tbe at'o . 10De4t;1O ~*." : .-10'.. U.s7t chaine to .
I. \1i' <,-t'; .' '-'\.~'-: '..' - . .'.' , ~.'
~ 1a "'he ...t_l7" 1 . .~-;:' ~..., thence tollo~.DC the
t ,"'I "^-, ",r<;~,''''. ," ,<,.;;t-;
~..ter~ lue or A11., , '# 1;0 "'lie: 1'1&c. or bCiDbS. b.1n8. .',
~triP ot.1aDi ... ft.~."'~ ~" ,.. .', ;;>~l!"i,:';;..:4~/1:
! ~~'k. .........JIt. ... ~......... T
r' _1:0 ~ ...~. ' ;'''~''
'.- - .' ~. ;"~i -""~
, '..l~
t.. 1.25
RR2
to BAB MID !O BOI.D aU _d ..1DgUlU' the aa1d preml.... together wlth the
apJ..w...... 1IDto tM _ld part7 ot the ..oolld part and ita .ucc..or. alld aaa1gna
f'oreY_. t
~u... the .r1&Jat. 1lIo~TC'. to go upqII the pqr'loll.~ ..14 lan4 oubW.,
ot the 42;.teIl tblr40lltor tbe purpo.. ot crulU.UDCsa1d lancl to,keep don ,weed,. and grass,
aD4 tor the pupoae ot aacl10atlag ~ent. whell the grantee doe. not do ,the same; ane!
~BC~ To the rlghh .ot the public to traTel. Oil t. southerly 15 teet ot the
roal herel_bOY. .eIlUoned; ed
SlJ]l;JEC'f' also t.o a r~~t-1flQ' ,thr.. .l:S) teet. w1de aero.. .ald land about one
h1uu1re4 (100) ted easterly troa the -.te:rly ~~ lbe-eot tor an iron pipe .t leut
tin... (15) 1Ilch.. 1n di...tu a.-o.. said lan4. which .. . pert of sa1d cona1deraUon
Ja.ere1JaboYa ..rerrecJ to the gn.n~ agreaa to turl:1all eel inatall1f1thout cost to the
grantor. tor the pupoa. !'t COD4ucUns water tropa a creek anel a.a... south ot grantors'
lan4 OIl the larA ot Oil. DeWitt to the lan4 ot graIltors; allel a. a further par't ot saicl
oonslclaratioll .bo.... reterrecl to, the grant... agree. to perm.1t sald grantor. to take sutt1clent
_108 8IlJl1I8l17 ~ the dUo to be constructed on tha aboTe c1e8Cr1bed property to 1rr1gate
.the grantors ~ orchar4 of tnllty-o. (21) acres or therubout., ot wh~ch th.e abOTe
deac1"1be4 property 1s a portion. wheMyer there 1s, su:tftc1ent water t'lolfiDC in sa1d d1toh.
w1.tbout pe7iJla theretoI'.
D WITlIISS "IlIi1QWJ'. the .1d partie. ot .the tirst ~ ba.... hereunto set their
haD4a the 4&7 and year t1l"*t aboye wr1tten.
.&lb." R.Sm1.th
LUlian Kay Sm1 th
George Thomas SIll1 th
E~ith A..Sm1th
Fred H.Sm1th
llau~e B.sat th
J"ames B.8mith
Bo.. .Sm1 th
e
e
su.n OJ' CALIFORNU )
COOBrf at SUIU CLIJa ) SS.
,
On thi. ftll 487 ot IIo...,JDber, A..D.1932, betore me.
buge111la Jlattoa, a Notary .Public 1Jl and tor the
Co";lJlty at SaJl~a Clara, Sta~e ot Cal1:torn1a. residing thereUa,clUl7 oOJD1Jlsioned and 81forn.
~rso::al17 appeared .&l~ert B.Smith and LUll_ Ifa7 SID1th, his wite, George Thomas Smith and
Editll A..s.1tll, h1s wito, !'red H.SmJtll and )lauel. R.Sm1th, his wite, and ;rames R.SIlllth and
Bo.. _ Sa1th. hi. wU., known to me to be the ~80ua eleaol"ibec1 in and wboae ruunea are 8ub-
scr~ect to the within inatmaent. ane! tllW aoknowlecJgecl to .eJbat they .xecuted the aame.
D nTJUOZ WHIBBOI'. I baft.he1;eUllto'.~~~~ u4t1xect rq oftioial. seal, the
_ u4 y881" 1ia ~hl. oen1t1oat.1:U-.t ~~,' ., ~+j,\?A;,; . .. ..
. (mT~T&L 8UL)f~~;~y::<~ ..Ut:iar1~~~:b~~Oc:i;::n~:: aai4
I'JLDD ~,E.-IOZ1.~ '
n1ecl tor aco~ at tu ~uU't ~ _ J~. a.tract ana ~itle Illsuraao. CO.
LDae 161132 at aa a1Il. Mat 12 o'cl.o~" .. t
CIWI.....P.&D1l, BIqO~
, De1iiiJ'JieOOrder
I
1 ~ .
'f.._~. H ~ t, '
~...~ 400
r-- "":C=i;;~~. (.(.(.i~c.(. (~(.(~(' (~(!~( ,e(~(~(.(~
: u 'f1a, ! tIIDI ~,,~ ..ae 1M lOti. clQ"~Ot 'DaoeDd: ,.
; t....,.," . <!>~ u.a"'- _ IlualJaner .tdect. })8l"t7 or the rust })8l"t."
....,...Q. ",-<I.. .....
: .IIIDI~, t .
Will . A........._:!BA.!'
..(.(.(.(.(.(~(.(.(.(.('(.
'~_J" UJr1Jl A.1(Ucox
~.a.lQMM!Ie, parly ot tlla
.
.~.. bright :Iat~te ~. . carparatlo. 4a17 arpaised all4 uiat1DC
.... ... 1>>7 ...1rt.. or tia. law. or the Stat. of Ce1ltonda. paae u4 eDtllltel a .vtaill
~ at Uut ..~ ~ a. 1188. ... noor."JiO.I__ a. 1-' Sa the ott1.. of the
CGa" '1IDIr" of ,. Glut7 of Buta ClRa. Mat. at c.w_as., 2a Tol11ae 41$ or om.e1al
~ 11& ~.. ... ., .0IIl.. .7 ana l' -a'*f&. tp -.sa ~.11oos. a. tnet... upoa tlle
Qu~ ... ~S"MIi' tHr.m ....... Sa t.. -us. ~. __iatt,.- ...on1>>" '0
...~ tu ~ lInt of tat ..na1a po-.i_1ICIl'7 110'. 01" aa14 JrelPt Xatate ~ tor the
_ fd 110.000'- wltJl Sat... t!loRan. at tbe r.'. of ..... JPCl" ..t. per DUUIl. }le7"1.
.-n-- ''7. ad 11" IIDt ap pa14 ~ ~.. .... to -.4 --. a pari of the pr1no1J&l
a4 Ma . 1jD ~~ 01 tm.Ndj. aDI .
~1U.~. Hiel proai.ao~ III)w" Ilot pa1j __ 1_ be.,... 1M, nor th~:t'
I '!IfAl" .~ a11J ... . . . ·
I . .....&~. .aieI 4... or t~ port6... .....~ .7 laW, tbat 101.;. tn.teer
I _ --.n.~ ........ elIa11 reoor. Sa the Grn- ~ tll. ~~ Beoorder or the Count7
t