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HomeMy WebLinkAbout04-21-2010 SUPPLEMENTAL COUNCIL AGENDAMemo To: City Council From: Ann Sullivan Date: April 21, 2010 Re: ITEM NO.7 — Adoption of the Housing Element Implementation Ordinance Attached is correspondence the City received regarding Item No. 7 - Adoption of the Housing Element Implementation Ordinance on this evening's agenda. Ann Sullivan, CMC City Clerk City Clerk [Ann Sullivan] From: Schist [schist @earthlink.net] Sent: Wednesday, April 21, 2010 2:28 PM To: City Clerk [Ann Sullivan] Subject: Housing element Honorable City Council Members, Thank you for all of your work on behalf of the residents of the City. Maybe it is not said enough, but I think the residents of Saratoga do appreciate your efforts. It is my understanding that you will be voting on an updated housing element tonight changing the Village from two story to three story. I am hoping that you will consider the views I have outlined below and vote to maintain the two story limit. - Denser housing is not better. If Saratoga residents believed that denser was better, they would be living in San Jose, or Sunnyvale or San Francisco. There is great value in what we have in Saratoga and the temptation to change it is great. Sometimes the hardest thing to do is to keep things the way they are. If it is a legacy that you desire, I hope you will consider a preservation park or some other project where you can leave your mark while maintaining the character of the City. -If I am not mistaken, Saratoga was incorporated in 1956 so the San Jose allowance of small lots and denser development could be avoided. Is there really any reason to change that? -The reason we all bought single family homes in Saratoga was for the benefit of a lifestyle associated with single family homes. I try not to take for granted the quiet, natural beauty that defines our City. When I am in need of hustle and bustle, I can go to some other city and then return home and feel very fortunate to live here. Local trips to the Village are very nice and I wonder how this three story idea would change the nice small town feel it has now. -A two story limit is very reasonable and appropriate for the Village. If it isn't broken why fix it? Three stories in the Village sets a precedence that will allow continued densification of the City. You no doubt recall the proposed Swenson project on Quito Road to build a very dense housing complex which was actively opposed by the residents for many good reasons. Now he has decided that building within existing zoning is possible. I hope the developers have not been able to convince you that this housing element change is the best thing for the City or the Village. My work at the development counter in the City of San Jose has taught me that self interest always has and always will be alive and well in the development community. They will find a way to make a buck and I look to you to make sure it isn't at the expense of the existing character of the City. -I think everyone wants to see the Village thrive, but I don't think allowing three stories is going to do much to add to that success and comes with it own set of problems. There are costs to denser housing that are unlikely to be paid for through the tax revenue generated. Additional fire, police and school services are required for this new residential construction, whereas commercial uses create revenue. Thanks for reading and for your consideration. I hope you will vote to maintain the two story limit in the Village. Best regards, Trish Cypher City Clerk [Ann Sullivan] From: City Hall Sent: Wednesday, April 21, 2010 4:20 PM To: City Clerk [Ann Sullivan] Subject: FW: #7 Consent Calendar - - - -- Original Message---- - From: Marcia Fariss [mailto:marcia @gizmology.com] Sent: Wednesday, April 21, 2010 3 :54 PM To: City Hall Subject: RE: #7 Consent Calendar Mayor King and City Council Members, In case I am unable to attend this evening's meeting, I am e- mailing you. I respectfully request that you remove Item #7 from the April 21, 2010 Consent Calendar. Instead please designate it a separate item under "New Business" for a future City Council meeting. The importance of removing the 2 story restriction from the Village Plan demands that the City Council have input from Saratoga citizens. Thank you. Marcia Fariss Saratoga Glen Place Memo To: City Council From: Ann Sullivan . Date: April 21, 2010 Re: ITEM NO. 14 — Saratoga Village Pedestrian Enhancement Project — Award of Construction Contract Attached is correspondence the City received regarding Item No. 14 - Saratoga Village Pedestrian Enhancement Project — Award of Construction Contract on this evening's agenda. Ann Sullivan, CMC City Clerk RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2009/10 TO PROVIDE FUNDING FOR THE SARATOGA VILLAGE PEDESTRIAN ENHANCEMENT PROJECT WHEREAS, the City Council desires to improve pedestrian safety in the Village through the Saratoga Village Pedestrian Enhancement Project; and WHEREAS, additional financing in the amount of $91,000 is needed for the implementation of said project; and WHEREAS, it is necessary to make adjustments to the Fiscal Year 2009/10 budget as follows: Account Description Account# Amount To appropriate additional expenditures for the Saratoga Village Pedestrian Enhancement Project Expenditure Appropriation: 411.9142.004.81161 $ 91,000 To appropriate additional revenue from private utilities for adjusting their facilities for the Saratoga Village Pedestrian Enhancement Project.- Revenue: 411.9142.004.46441 $ 26,000 To transfer funds from the Comer Retaining Wall Project Fund Balance to the Saratoga Village Pedestrian Enhancement Project: Saratoga Village Ped Enhancement Project - Transfer In 411.9142.004.49999 $ 65,000 Comer Retaining Wall Project - Transfer Out 411.9153.001.99999 $ ($65,000) NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby approves the above adjustments to the Fiscal Year 2009/10 Capital Improvement Budget. BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on 21 st day of April 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Kathleen King, Mayor City of Saratoga Attest: Ann Sullivan, City Clerk Memo To: City Council From: Ann Sullivan Date: April 21, 2010 Re: ITEM NO. 15 — Proposed Franchise Fee Increase for Solid Waste Management Agreement Attached is an amended Staff Report regarding Item No. 15 - Proposed Franchise Fee Increase for Solid Waste Management Agreement on this evening's agenda. Ann Sullivan, CMC City Clerk SARATOGA CITY COUNCIL MEETING DATE: April 21, 2010 DEPARTMENT: City Manager's Office PREPARED BY: Barbara Powell Assistant City Manager AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: SUBJECT: Proposed Franchise Fee Increase for Solid Waste Management Agreement -- Revised RECOMMENDED ACTION: Accept report and provide input to Council member Howard Miller about imposition of a franchise fee increase under the contract with West Valley Collection & Recycling, LLC (WVCR). BACKGROUND: The West Valley Solid Waste Management Authority (WVSWMA) is a four - member Authority representing the Cities of Campbell, Los Gatos, Monte Sereno and Saratoga, overseeing the operation of waste, recyclables and yard trimmings collection services. Howard Miller is Saratoga's representative on the Authority Board. At its May 6, 2010 meeting, the WVSWMA Board will receive a report concerning proposed fiscal year 2010/11 rates for waste management services under the contract with. WVCR. New rates are ratified on an annual basis, pursuant to terms and conditions provided for in the contract. Annual contractual rate changes are based upon the following adjustments: • Consumer Price Index (CPI) -- 80% of CPI for preceding December to December; • Disposal Rate — based upon government fees assessed for disposal at landfills; and • Vehicle Impact Fee -- adopted by Saratoga to mitigate damage to City roads caused by heavy collection vehicles. For fiscal year 2010/11, an additional franchise fee increase is proposed to generate revenues that may be used to offset General Fund costs related to the Non -point Source Pollution Prevention Program (Clean Water Program). Each year, regulatory requirements and related expenses have been steadily increasing for the Clean Water Program, an unfunded mandate. As an example, in 2009/10, the cost for the Clean Water Program — including the annual fee, inspections, and storm drain cleaning — was $174,495 to the General Fund. For 2010/11, Clean Water Program costs have risen to $186,814. Page 1 of 3 The franchise fee increase from 16.5% (current) to 19% (proposed) could generate approximately $115,000 annually in General Fund revenues that could be used to partially offset Clean Water Program expenses. As an example, using a monthly, 35- gallon cart service, the impact of the franchise fee increase would be 74 cents per month, which, taken together with all the rate adjustments, would result in a $1.10 increase per month: Monthly 35- gallon cart rate — Franchise Fee Increase Only Current Franchise Fee (16.5 %) Proposed Franchise Fee (19% Difference $3.53 $4.27 $0.74 Monthlv 35- 2allon cart rate -- CORRECTED Rate increases would be implemented beginning July 1, 2010. Staff is requesting that Council members provide input on the proposed franchise fee increase. While Council's input is not binding upon Council member Miller, he may take it under advisement when voting on this issue at the May 6, 2010 WVSWMA Board meeting. FISCAL IMPACTS: Implementation of the franchise fee increase would result in approximately $115,000 annually in General Fund revenues for the City of Saratoga. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): Council may choose not be provide input on this issue. Page 2 of 3 Rate Adjustment with Current Franchise Fee Rate Adjustment with Proposed Franchise Fee Current Rate $21.37 $21.37 CPI Adjustment $ 0.32 $ 0.32 Disposal Fee $ 0.03 $ 0.03 Vehicle Impact Fee $ 0.01 $ 0.01 Franchise Fee $, 0:0 $ 0.74 Projected Rate $21.79 $22.47 Difference between current rate and new (adjusted) rate $ 0.42 $ 1.10 Rate increases would be implemented beginning July 1, 2010. Staff is requesting that Council members provide input on the proposed franchise fee increase. While Council's input is not binding upon Council member Miller, he may take it under advisement when voting on this issue at the May 6, 2010 WVSWMA Board meeting. FISCAL IMPACTS: Implementation of the franchise fee increase would result in approximately $115,000 annually in General Fund revenues for the City of Saratoga. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): Council may choose not be provide input on this issue. Page 2 of 3 FOLLOW UP ACTION(S): Council member Miller will attend the May 6, 2010 WVSWMA Board meeting. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of agenda ATTACHMENTS: None Page 3 of 3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2009/10 TO PROVIDE FUNDING FOR THE SARATOGA VILLAGE PEDESTRIAN ENHANCEMENT PROJECT WHEREAS, the City Council desires to improve pedestrian safety in the Village through the Saratoga Village Pedestrian Enhancement Project; and WHEREAS, additional financing in the amount of $91,000 is needed for the implementation of said project; and WHEREAS, it is necessary to make adjustments to the Fiscal Year 2009/10 budget as follows: Account Description Account# Amount To appropriate additional expenditures for the Saratoga Village Pedestrian Enhancement Project Expenditure Appropriation: 411.9142.004.81161 $ 91,000 To appropriate additional revenue from private utilities for adjusting their facilities for the Saratoga Village Pedestrian Enhancement Project: Revenue: 411.9142.004.46441 $ 265000 To transfer funds from the Comer Retaining Wall Project Fund Balance to the Saratoga Village Pedestrian Enhancement Project: Saratoga Village Ped Enhancement Project - Transfer In 411.9142.004.49999 $ 65,000 Comer Retaining Wall Project - Transfer Out 411.9153.001.99999 $ ($65,000) NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby approves the above adjustments to the Fiscal Year 2009/10 Capital Improvement Budget. BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on 21 st day of April 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Kathleen King, Mayor City of Saratoga Attest: Ann Sullivan, City Clerk I am here to ask your help regarding removal of abandoned construction equipment (a concrete mixer, a tractor, and an excavator) and construction debris on the empty lot at 14921 Sobey Rd. in Saratoga. This lot is across the street from our house at 14949 Sobey, so the material on this lot is most evident to us, but is evident to our neighbors as well, for whom I am also speaking. This equipment and debris were left there about a year ago by the former owners of the lot, Amir (Hooshang Ansari) and Ingeborg Andersson, after remodeling of their house at 14923 Sobey, which is next door to the lot. I assume their intention was eventually to clean things up, but they lost ownership of the lot due to foreclosure last fall. They current owner is Chase, and 1 have no idea what their plans are for the lot or whom I would contact about cleanup. I would like to know what the City's policy is for assisting residents with cleanup problems of this sort. I know the city has a slight Law, but Jana at the City office tells me it won't help in this case. The question is: Can the City provide counsel and direction for how to help me and my neighbors get this equipment and debris removed. I will be happy to work with anyone at the City toward this goal. Thank you, Jeffrey Troll and Sophie Giles 14949 Sobey Rd. 408 - 395.9378 ATTACHED: Title history of subject property Page 1 of 5 OLD REPS. C: BLI T IT I. it (" r) �r r A Nv .: `` it i!?" 1:. 1' jif• r- ii :'!if-I'-�Ullr.il�i�t:t1171f�f. Subject Property History JPMORGAN CHASE BANK NATIONAL ASSOCIATION, 14921 SOBEY RD, SARATOGA 95070 -6235 APN: 397 -04427 SANTA CLARA COUNTY Recording Date 08/20/2009 Document # 20406641 BK -PG - Price $1,314,129 Document Type Trustee's Deed First TD N/A Type of Sale Full Amount on Deed Mortgage Doc # Interest Rate Lender Name Buyer Name JPMORGAN CHASE BANK NATIONAL ASSOCIATION, Buyer Vesting N/A Seller Name ANSARI, HOOSHANG; ANDERSSON, INGEBORG Legal Description Lot: B Map Ref: MAP809 PG43&44 City /MunVTwp: SARATOGA Recording Date 07/20/2009 Document # 20343449 BK -PG - Document Type Notice of Sale (aka Notice of Trustee's Sale) Auction Location: 190 N MARKET ST, SAN JOSE Auction Date/'rime: 08104/2009 11:00 A.M. Min. Bid Amount $1,058,366 Recording Date 03/25/2009 Document # 20184919 BK -PG - Document Type Notice of Default Beneficiary Name: WASHINGTON MUTUAL BANK FA Trustor Names: ANSARI,HOOSHANG; ANDERSON,INGEBORG Trustee Name: CALIFORNIA RECONVEYANCE CO, Mailing Address: 9200 OAKDALE AVE, CHATSWORTH, CA 91311 - Trustee Phone #: 800 - 892 -6902 TS# : 432232CA Loan Doc #. 19305248 Loan Date: 02/15/2007 Loan Amount $997,500 Contact Name: JPMORGAN CHASE BANK NA, Attention: Mailing Address: 7301 BAYMEADOWS WAY, JACKSONVILLE, FL 32256 - Legal Description Recording Date 02/15/2007 Document # 19305247 BK -PG - Price N/A Document T Intrafamily Transfer or Type Dissolution First TD $997,500 Type of Sale Non -Arms Length Transfer http:// Www. titleprofile .com/ProfileProxy.asp ?RepMask= 2048 -1 3/17/2010 Mortgage Doc # 19305248 Interest Rate 6.25% Lender Name WASHINGTON MUTUAL BANK FA Buyer Name ANSARI, HOOSHANG; ANDERSSON, INGEBORG Buyer Vesting Joint Tenancy Seller Name ANSARI, HOOSHANG Fixed Step Rate starts as FIX Adjustable Rate 1 Year Libor Index 18491219 Interest Rate Rate Change Annually Frequency ANSARI, HOOSHANG Int Rate not < 2.25% Maximum Interest 11.25% Rate COUNTRYWIDE BANK Prepayment No Penalty Rider Legal Description ANSARI,HOOSHANG; ANDERSSON,INGEBORG City /Muni/Twp: SARATOGA Recording Date 07/2612005 Price N/A Change Index 2.25% First Change Date 2012 Int Rate not > 11.25% Interest Only Period Prepayment Penalty Term Document # Document Type First TD $200,000 Type of Sale Mortgage Doc # 18491219 Interest Rate Lender Name NATIONAL CITY BANK Buyer Name ANSARI, HOOSHANG Buyer Vesting Married Man as his sole and separate property Seller Name ANDERSON, INGEBORG Legal Description COUNTRYWIDE BANK City /Muni/Twp: SARATOGA Recording Date 06/24/2005 Document # Loan Amount $1,500,000 Loan Type TD Due Date 07/0112035 Type of Financing Interest Rate 1% Lender Name COUNTRYWIDE BANK Lender Type Bank Borrowers Name ANSARI,HOOSHANG; ANDERSSON,INGEBORG Vesting Joint Tenancy Fixed Step Adjustable Rate Twelve Month Average Change Index Index Rate Change Monthly Frequency Int Rate not < Maximum Interest 9.95% Rate Prepayment No Penalty Rider Legal Description City /Muni/Twp: SARATOGA 18491218 BK -PG - Intrafamily Transfer or Dissolution Non -Arms Length Transfer 18440774 BK -PG - J ADJ 2.65% First Change Date 08/01/2005 Int Rate not > Interest Only Period Prepayment Penalty Term Recording Date 08/05/2004 Document # Price N/A Document Type First TD NIA Type of Sale 17935566 BK -PG - Intrafamily Transfer or Dissolution Non -Arms Length Transfer Page 2of5 http://www.tideprofile.com/ProfileProxy.asp?RepMask=2048-1 3/17/2010 Page 3 of 5 Mortgage Doc # Interest Rate Lender Name Buyer Name ANSARI, HOOSHANG; ANDERSON, INGEBORG Buyer Vesting Joint Tenancy Seller Name ANSARI, HOOSHANG Legal Description City /Muni/Twp: SARATOGA Recording Date 08/03/2004 Document # 17931437 BK -PG - Price N/A Document Type yp Intrafamily Transfer or Dissolution First TD $200,000 Type of Sale Non -Arms Length Transfer Mortgage Doc # 17931438 Interest Rate Full- Computed from Transfer Lender Name GREENPOINT MORTGAGE FUNDING INC Lender Type Buyer Name ANSARI, HOOSHANG Borrowers Name Buyer Vesting Married Man as his sole and separate property Vesting Seller Name ANSARI, HOOSHANG; ANDERSSON, INGEBORG Legal Description Buyer Name ANSARI, HOOSHANG; ANDERSSON, INGEBORG City /Muni/Twp: SARATOGA One Year T -Bill Recording Date 05/27/2004 Document # 17813414 BK -PG - Loan Amount $1,300,000 Loan Type Unknown TD Due Date 06101/2034 Type of Financing ADJ Interest Rate 3.87% Full- Computed from Transfer Lender Name WASHINGTON MUTUAL BANK FA Lender Type Bank Mortgage Doc# Borrowers Name ANSARI,HOOSHANG; ANDERSON,INGEBORG Vesting WASHINGTON MUTUAL BANK FA Fixed Step Buyer Name ANSARI, HOOSHANG; ANDERSSON, INGEBORG Adjustable Rate Index One Year T -Bill Change Index 2.65% Rate Change Frequency Monthly First Change Date Int Rate not < Int Rate not > Maximum Interest Interest Only Period Rate One Year T -Bill Change Index Prepayment NO Prepayment Penalty Rider Penalty Term Legal Description Abbreviated Description: PART 9.90 AC SW4 NW4 SEC08 TWP08S RNG01W City/Muni/Twp: SARATOGA Recording Date 03/04/2003 Document # 16858468 BK -PG - Price $1,400,000 Document Type Grant Deed First TD $910,000 Type of Sale Full- Computed from Transfer Tax Mortgage Doc# 16858469 Interest Rate 4.55% Lender Name WASHINGTON MUTUAL BANK FA Buyer Name ANSARI, HOOSHANG; ANDERSSON, INGEBORG Buyer Vesting Joint Tenancy Seller Name EGHTESAD, NADER Fixed Step Adjustable Rate Index One Year T -Bill Change Index 2.55% Rate Change Monthly First Change Date http:// www. titleprofile .com/ProfileProxy.asp ?RepMask= 2048 -1 3/17/2010 Page 4of5 Frequency Int Rate not < Int Rate not > Maximum Interest Interest Only Period Rate Prepayment No Prepayment Penalty Rider Penalty Term Legal Description Abbreviated Description: PART SD 9.90 AC TRACT City /Muni/Twp: SARATOGA Recording Date 06/10/2002 Document # 16304934 BK -PG - Loan Amount $623,750 Loan Type Stand Alone First TD Due Date 06/15/2032 Type of Financing ADJ Interest Rate Lender Name WORLD SVGS BANK FSB Lender Type Sank Borrowers Name EGHTESAD,NADER Vesting Legal Description Recording Date 01/03/1997 Document # 13569851 BK -PG - Price N/A Multiple Parcels Involved in Intrafamily Transfer or Document Type Dissolution this transaction Price First TD N/A Type of Sale Mortgage Doc # this transaction Interest Rate Lender Name First TD $272,600 Buyer Name EGHTESAD, NADER Buyer Vesting Married Man as his sole and separate property Seller Name EGHTESAD, AFFANEH Interest Rate Legal Description City /Muni/Twp: SARATOGA Recording Date 01/03/1997 Document # 13569850 BK -PG - $512,000 Price Multiple Parcels Involved in Document Type Grant Deed this transaction First TD $272,600 Type of Sale Full- Computed from Transfer Tax Mortgage Doc # Interest Rate 7.37% Lender Name RSL MTG CORP Buyer Name EGHTESAD, NADER Buyer Vesting Married Man as his sole and separate property Seller Name , PRICE RICHARD W Legal Description City /Muni/Twp: SARATOGA Recording Date 09/12/1995 Document # 13009397 BK -PG N994 -1688 Type Intrafamily Transfer or Price NIA Document T yp Dissolution First TD N/A Type of Sale Mortgage Doc # Interest Rate Lender Name http:// www. titleprofile .com/ProfileProxy.asp ?RepMask= 2048 -1 3/17/2010 Page 5 of 5 Buyer Name PRICE, RICHARD W Buyer Vesting N/A Seller Name PRICE, RICHARD W; PRICE, CATHERINE A Legal Description Abbreviated Description: PART 9.90 AC City /Muni/Twp: SARATOGA Data Deemed Reliable, But Not Guaranteed. Copyright ®1998 -2010 TitleProfile.com AB Rights Reserved. Old Republic Title Santa Clara AN other trademarks and copyrights are the property of their respective holders. http:// www. titleprofile .com/ProfileProxy.asp ?RepMask= 2048 -1 3/17/2010 IRN *Recording Requested By Servicel-ink , WHEN RECORDED MAIL TO Califomia Rewnveyen= Company PO Box 6200 Northridge, CA 91328 -6200 MAIL TAX STATEMENTS TO DOCUMENT: 20406641 I Pages: 4 Fees.. 18 00 Taxes. . Copies. AMT PAID 18 08 Washington Mutual Bank RDE 086 7255 Baymeadows Way REGINA ALCOMENDRAS Jacksonville, FL 32256 SANTA CLARA COUNTY RECORDER 8/20/2009 Mad Stop :JAXB2007 Recorded at the request of 11.44 AM Recording Service Spam above this line for reoordefs use MV Trustee Sale No. 432232CA loan No. 3012795237 Title Older No. 802123206 TRUSTEE'S DEED UPON SALE Z� APN 397-04 -127 T.R.A. No. The undersigned grantor declares: 1) The Grantee herein was the foreclosing beneficiary. 2) The amount of the unpaid debt together with costs was . ..................$1,060,175.44 3) The amount paid by the grantee at the trustee sale was . ..................$1,314,129.64 4) The documentary transfer tax is ........................... .............................$0 5) Said property is in SARATOGA and CALIFORNIA RECONVEYANCE COMPANY (herein called Trustee), as the duly appointed Trustee or substituted Trustee under the Deed of Trust hereinafter described, does hereby grant and convey, but without covenant or warranty, express or implied, to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, (herein called Grantee), all of its right, title and interest in and to that certain property situated in the County of SANTA CLARA, State of California, described as follows: SEE EXHIBIT "A" Sltus: 14921 SOBEY ROAD,. SARATOGA, CA 95070 RECITALS: This conveyance is made pursuant to the powers conferred upon Trustee by that certain Deed of Trust dated 02/08/2007 and executed by HOOSHANG ANSARI AND, INGEBORG ANDERSSON HUSBAND AND WIFE, as Trustor, and Recorded 02/1512007, Book, Page, Instrument 19305248 of official records of SANTA CLARA County, California, and after fulfillment of the conditions specified in said Deed of Trust authorizing this conveyance. Default occurred as set forth in a Notice of Default and Election to Sell which was recorded in the Office of the Recorder of said County, and such default still existed at the time of sale. All requirements of law regarding the mailing of copies of notices or the publication of a copy of the Notice of Default or the personal delivery of the copy of the Notice of Default and the posting and publication of copies of the Notice of a Sale have been complied with. Trustee, in compliance with said Notice of Trustee's Sale and in exercise of its powers under said Deed of Trust, sold the herein described property at public auction on 08/04/2009. Grantee, being the highest bidder at said sale, became the purchaser of said property for the amount bid being ifustee Sale No.: 432232CA-Loan No.: 9012795237 Title Order No.: 802129208 $1,314,129.64 in lawful money of the United States, or by credit bid if the Grantee was the beneficiary of said Deed of Trust at the time of said Trustee's Sale. DATE: August 18, 2009 CALIFORNIA RECONVEYANCE COMPANY, as Trustee /1�:� Colleen sis rrt Secretary STATE OF CALIFORNIA COUNTY OF LOS ANGELES On August 18, 2009, before me, TONI JARAMILLA ADELAN , "Notary Public ", personally appeared COLLEEN IRBY. who 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 capecity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 7011 =LLA ELAN a Commission # 1674368 Notary Public • Cantomb Loa Angeles Coa"*W .. Signature Seal) a Comm, roe Jul z. 2010 Cobb IEelbac - 43a02CAM127 7 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SM)AIED IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL ONE: PARCEL 5, AS SHOWN ON THAT CERTAIN PARCEL MAP ENTITLED - PARCEL MAP, A SUBDIVISION OF ALL OF PARCELS ONE AND TWO AS DESCRIBED IN RECORDER'S DOCUMENT NUMBER 17935544, IN THE CITY OF SARATOGA, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA', WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON DECEMBER 1Z 2004, IN BOOK 809 OF MAPS AT PAGES 43 AND 44. RESERVING THEREFROM, A NON - EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AND UTILITIES AND PURPOSES INCIDENTAL THERETO, APPURTENANT TO PARCEL A OF THE PARCEL MAP REFERRED TO HEREINABOVE, OVER AND ACROSS THE SOUTHEASTERLY 7.9 FEET OF SAID PARCEL B HEREINABOVE AND DELINEATED AS `7.9' EX. INGRESS EGRESS AND UTILITY EASEMENT PER 5747 O.R. 5 SERIES NO. 227333r. T A NON - EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AND FOR THE INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES, OVER A STRIP OF LAND 12.1 FEET IN WIDTH, THE NORTHWESTERLY LINE OF WHICH 15 DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERN MOST CORNER OF THAT CERTAIN %8B1 ACRE TRACT OF LAND DESCRIBED AS PARCEL TWO IN THE DEED FROM CHARLOTTE G. MCCORMIC TO CHARLOTTE 0. MCCORMIC„ ET Al, DATED MAY 9,1949, RECORDED MAY 14,2949 IN BOOK 1787, OFFICIAL RECORDS, PAGE 308, SANTA CLARA COUNTY RECORDER; THENCE FROM SAID POINT OF BEGINNING, SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID 0.881 ACRE TRACT FOR THE THREE FOLLOWING COURSES AND DISTANCES, SOUTH 49° IN WEST 194.20 FEET; THENCE SOUTH 430 43' WEST 79.03 FEET AND SOUTH 2880 28' WEST 74.11 FEET TO THE SOUTHERN MOST CORNER OF SAID 0.881 ACRE TRACT AND TERMINUS OF SAID EASEMENT. THE SOUTHWESTERLY TERMINUS OF SAID 12.1 FOOT STRIP HAVING A BEARING OF SOUTH 73° 54' EAST. PARCEL THREE: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AND FOR THE INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES, OVER A STRIP OF LAND 20.00 FEET IN WIDTH, THE NORTHERLY AND NORTHWESTERLY LINES WHICH ARE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF SOBEY ROAD, AT SOUTHEASTERLY CORNER OF THAT CERTAIN L95 ACRE TRACT OF LAND DESCRIBED IN THE DEED FROM GEORGE RAYMOND MACKIN ET UX, TO MYL.ES STANDISH ET UX, DATED APRIL 7, 1955, RECORDED APRIL 20, 1955 IN BOOK 3147, OFFICIAL RECORDS„ PAGE 380, SANTA CLARA COUNTY RECORDS; THENCE FROM SAID POINT OF BEGINNING, WESTERLY ALONG THE SOUTHERLY LINE OF SAID L95 ACRE TRACT FOR THE TWO FOLLOWING COURSES AND DISTANCES: NORTH 88° 15' WEST 174.80 FEET AND SOUTH 490 If WEST 137.13 FEET TO THE SOUTHERN MOST CORNER OF SAID LOS ACRE TRACT OF LAND DESCRIBED AS PARCEL TWO IN THE DEED FROM CHARLOTTE G. MCCORMIC TO CHARLOTTE G. MCCORMIC ET Al, DATED MAY 9, 1949 AND RECORDED MAY 146 1949 IN BOOK 1787 OFFICIAL RECORDS, PAGE 305, SANTA CLARA COUNTY RECORDS AND THE TERMINUS OF SAID EASEMENT. 0ifto rftfto a 43WZCry3oltMSW EXHIBIT A LEML DESCRIPTION (WOWAV) PARCEL. FOUR: AN EASEMENT FOR PRIVATE SAWARY SEWER PURPOSES AND PURPOSES INCIDENTAL THERETO, OVER AND ACROSS THE 01W PSSE' AS DELINEATED ON SAID PARCEL MAP.