NATURAL HAZARD DISCLOSURE REPORT July 10, 2017

Transcription

1 NATURAL HAZARD DISCLOSURE REPORT Property Address: 800 N 8th St #218 Santa Clara County HomeServices Disclosure Reports 5380 N. Fresno Street, Suite 101 Fresno, CA Phone: (408) Fax: nhd@hsdr.net

2 Natural Hazard Disclosure Statement (NHD) The transferor and his or her agent(s) disclose the following information with the knowledge that even though this is not a warranty, prospective transferees may rely on this information in deciding whether and on what terms to purchase the subject property. Transferor hereby authorizes any agent(s) representing any principal(s) in this action to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. The following are representations made by the transferor and his or her agent(s) based on their knowledge and maps drawn by the state and federal governments. This information is a disclosure and is not intended to be part of any contract between the transferee and the transferor. THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS AREA (S): A SPECIAL FLOOD HAZARD AREA (Any type Zone A or V ) designated by the Federal Emergency Management Agency. Do not know and information not available from local jurisdiction * See Page 7 for flood zone determination & disclaimer AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map pursuant to Section of the Government Code. Do not know and information not available from local jurisdiction A VERY HIGH FIRE HAZARD SEVERITY ZONE pursuant to Section or of the Government code. The owner of this property is subject to the maintenance requirements of Section of the Government Code. A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISK AND HAZARDS pursuant to Section 4125 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 4291 of the Public Resources Code. Additionally, it is not the state s responsibility to provide fire protection services to any building or structure located within the wildlands unless the Department of Forestry and Fire Protection has entered into cooperative agreement with a local agency for those purposes pursuant to Section 4142 of the Public Resources Code. AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources Code. A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public Resources Code (CHECK ALL THAT APPLY). (Landslide Zone) (Liquefaction Zone) Map(s) not yet released by state THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER. THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER. TRANSFEREE (S) AND TRANSFEROR (S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPERTY. Signature of Transferor (seller) Date Signature of Transferor (seller) Date Signature of Agent Date Check only one of the following: Transferor(s) and their agent(s) represent that the information herein is true and correct to the best of their knowledge as of the date signed by the transferor(s) and agent(s). x Transferor(s) and their agent(s) acknowledge that they have exercised good faith in the selection of a third-party report provider as required in Civil Code Section , and that the representations made in this Natural Hazard Disclosure Statement are based upon information provided by the independent third-party disclosure provider as a substituted disclosure pursuant to Civil Code Section Neither transferor(s) nor their agent(s) (1) has independently verified the information contained in this statement and report or (2) is personally aware of any errors or inaccuracies in the information contained on the statement. This statement was prepared by the provider below: Third-Party Disclosure Provider(s) HomeServices Disclosure Reports Date 7/10/2017 Transferee represents that he or she has read and understands this document. Pursuant to Civil Code Section , the representations made in this Natural Hazard Disclosure Statement do not constitute all of the transferor s or agent s disclosure obligations in this transaction. Additional Acknowledgement: By signing below, Transferee also acknowledges that he or she has read and understands the additional disclosures, advisories, and disclaimers provided in the attached Natural Hazard Disclosure Report, including, but not limited to, supplemental natural hazards, military ordnance locations, commercial/industrial zoning, tax information and summary, Mello-Roos and 1915 Improvement Bond special taxes and assessments, airport proximity and noise, mining operations, Sustainable Groundwater Management Act, energy efficiency standards and duct sealing requirements, flood insurance, Megan s Law, habitat sensitivity areas/endangered species, methamphetamine contaminated properties, gas and hazardous liquid transmission pipelines, oil and gas wells, naturally occurring asbestos, radon, mold, supplemental property tax bills, fire prevention fee for wildland areas, transfer fees, and Right-to-Farm Ordinance advisory. Signature of Transferee (buyer) Date Signature of Transferee (buyer) Date Page 2

3 City of San Jose Tree Disclosure Form Property Address: 800 N 8th St #218 The City of San Jose ( City ) requires the seller or transferor of residential real property ( Property ) in the City to disclose to the acquirer of the Property whether the Property fully complies with the City s requirements to have, maintain and if necessary, replace street trees pursuant to the San Jose Municipal Code ( SJMC ) Disclosure Obligations Upon Sale or Transfer of a Residential Real Property A. t less than seven (7) business days before the sale or other transfer of residential real property concludes a selling or transferring property owner must disclose to the acquiring property owner, on a disclosure form provided by the City, whether the residential real property to be sold or transferred fully complies with the City s street tree maintenance and replacement requirements of Sections B and B. If the selling or transferring property owner cannot determine whether street trees located on the residential property are substantially in compliance with the approved development permits for the property, or the property s approved development permits are inclusive as to the requirements for the PRESENCE and location of street trees on the property, then the following requirements for the planting and presence of street trees shall apply: 1. The property must have one (1) street tree for any adjacent street if it is an interior lot and at least three (3) street trees if it is a corner lot, unless otherwise modified by the Director in the interest of public safety. 2. If the current General Plan requirements for street trees on the property differ from the requirements specified in Subsection B.1, then the current General Plan requirements shall govern the number and location of street trees required on the property at the time of sale or transfer. If the property meets the General Plan requirement, then the selling property owner must indicate such compliance with the General Plan on the disclosure to the acquiring property owner. 3. All street trees shall be planted in accordance with the requirements of Section C. Upon a written request, the Director may grant the selling or transferring property owner an exemption in writing from the requirements of this Section if the Director determines in the interest of public safety that planting and maintaining street trees on the residential property at the time of sale or transfer is not appropriate. Such an exemption does not run with the land and shall not allow any deviations from the disclosure requirements upon residential real property sales or transfers for future sellers or transferors. To the best of my/our knowledge but without any investigation, I/We,, disclose that the street tree(s) on the Property to be sold or transferred and located at the address listed above in San Jose, CA are in the following condition: (Check one) The property fully complies with the street tree requirements outlined in the SJMC The property does not have the required number of street trees as required by the SJMC. The property has the required number of street trees but the street trees have not been maintained as required by the SJMC. Seller/Transferor is unaware if the requirements to have and maintain street trees on the Property have been met. Seller:. Signature(s) Print Name(s) Date Seller:. Signature(s) Print Name(s) Date The undersigned hereby acknowledges receipt of a copy of this document. Buyer:. Signature(s) Print Name(s) Date Buyer:. Signature(s) Print Name(s) Date Page 3

4 Residential Fireplace Disclosure Residential wood burning is the leading source of wintertime air pollution in the Bay Area and studies have confirmed there are significant health impacts from exposure to fine particulate matter found in wood smoke. The Bay Area Air Quality Management District ( BAAQMD ) established the Wood Burning Devices (Wood Smoke Rule), Regulation 6, Rule 3 to reduce wintertime smoke pollution and protect public health. The Wood Smoke Rule requires anyone selling, renting or leasing a property in the Bay Area to disclose the potential health impacts from air pollution caused from burning wood. Fine particulate matter, also known as PM2.5, can travel deep into the respiratory system, bypass the lungs and enter the blood stream. Exposure may cause short term and long term health effects, including eye, nose and throat irritation, reduced lung function, asthma, heart attacks, chronic bronchitis, cancer and premature deaths. Exposure to fine particulates can worsen existing respiratory conditions. High PM2.5 levels are associated with increased respiratory and cardiovascular hospital admissions, emergency department visits, and even deaths. Children, the elderly and those with pre-existing respiratory or heart conditions are most at risk from negative health effects of PM2.5 exposure. The Buyer should consult with a licensed professional to inspect, properly maintain, and operate a wood burning stove or fireplace insert according to manufacturer s specifications to help reduce wood smoke pollution. The Air District encourages the use of cleaner and more efficient, non-wood burning heating options such as gas-fueled or electric fireplace inserts to help reduce emissions and exposure to fine particulates. When the BAAQMD issues a Winter Spare the Air Alert during the winter season from vember 1 through the end of February, it is illegal to burn wood, manufactured fire logs, pellets or any solid fuels in fireplaces, wood stoves or outdoor fire pits. To check when a Winter Spare the Air Alert is issued and it is illegal to burn wood, please call NO-BURN or visit or Page 4

5 Table of Contents Property Address: 800 N 8th St #218 Natural Hazard Disclosure Statement (NHD)... 2 Map of Subject Property... 6 Determinations and Explanations Special Flood Hazard Areas... 8 Areas of Potential Flooding From Dam Failures... 8 Very High Fire Hazard Severity Zones... 8 Wildland Areas of Forest Fire Risk (State Responsibility Areas)... 8 Seismic Hazard Zones... 9 Energy Efficiency Standards and Duct Sealing Requirements Disclosure... 9 Commercial/Industrial Use and Zoning Disclosure... 9 Tax Summary Property Tax and Supplemental Tax Estimator Airport Proximity Airport ise Military Ordnance Location Determination Sustainable Groundwater Management Act Disclosure Advisories tice of Mining Operations Flood Insurance Disclosure Registered Sex Offender Database (Megan s Law) Habitat Sensitivity Area/Endangered Species Advisory Methamphetamine Contaminated Property Disclosure Gas and Hazardous Liquid Pipelines Advisory Oil and Gas Wells Advisory Naturally Occurring Asbestos Advisory Mold Advisory Radon Advisory Supplemental Property Tax Bill Fire Prevention Fee for Wildland Areas (State Responsibility Areas) Transfer Fee Disclosure Right-to-Farm Ordinance Advisory Terms, Conditions & Liability Page 5

6 Map of Subject Property *This map is provided for convenience only to show the approximate location of the Property and is not based on a field survey. Special Flood Hazard Area Area of Potential Flooding, Inundation Zone Mining Operations Zone Military Ordnance Location Airport Proximity Aviation ise Zone Undetermined Page 6

7 Map of Subject Property *This map is provided for convenience only to show the approximate location of the Property and is not based on a field survey. Very High Fire Hazard Area Wildland Fire Area Earthquake Fault Zone Seismic Hazard Zone, Landslide Seismic Hazard Zone, Liquefaction Page 7

8 Explanations of the Hazard Zones/Areas Special Flood Hazard Areas Flood Insurance Rate Maps are prepared by the Federal Emergency Management Agency (FEMA), which attempts to identify flood zones based on estimated flood risk. It should be noted that this disclosure is meant to identify properties for which flood insurance may be required by federally regulated lending institutions. Properties within a Special Flood Hazard Zone may experience flooding. It is recommended that, if a property is located within a Special Flood Hazard Area, the buyer contact FEMA for the updated risk assessment of the property and the current flood insurance requirements. Special Flood Hazards zones proceeded by either A or V are pertinent to the Natural Hazard Disclosure. These zones are located within a 100-year flood plain, with a one percent chance of flooding within any given year. If a property is located partially or wholly within zone A or V, flood insurance is generally required by federally insured lenders. In certain circumstances, local flood control projects can change the risk of a specified area or property. In some instances, the insurance requirement may be waived or modified by obtaining a Letter of Map Revision (LOMR) or Letter of Map Amendment (LOMA) from FEMA. Contact FEMA directly for the proper procedure in obtaining these documents. ACCORDING TO OFFICIAL FLOOD INSURANCE RATE MAPS PROVIDED BY FEMA, THIS PROPERTY IS LOCATED IN ZONE "D", WHICH IS AN UNDETERMINED SPECIAL FLOOD HAZARD AREA ACCORDING TO FEMA, AND NOT IN A FLOOD HAZARD ZONE ACCORDING TO LOCAL FLOOD MAPS. Areas of Potential Flooding From Dam Failures Flood Inundation Maps are provided by the California Office of Emergency Services (CA OES). These maps outline areas subject to flooding from a sudden dam failure with a full reservoir. The actual risk of dam failure is not defined in the maps that have been adopted by the California Office of Emergency Services. Additional maps may become available subsequent to approval by the OES. This determination was made according to the maps adopted by the State of California Office of Emergency Services. Very High Fire Hazard Severity Zones The Bates Bill (AB 337) adopted on September 29, 1992, as a result of the Oakland Hills Fire, lead to the development of a map to identify Very High Fire Hazard Severity Zones in the Local Responsibility Area of California. The maps are prepared by the California Department of Forestry and Fire Protection and show zones based on State mandated criteria. Fire defense improvements are mandated for properties located within the zones under Section of the Government Code. For complete information of the mandated fire defense improvements and local zone changes, contact the local fire department. Due to the scale of the maps it is not always possible to make a conclusive determination of zone boundaries. A property will be reported on the Natural Hazard Disclosure Statement as situated in the zone as mandated by Section C of the California Civil Code when a conclusive determination cannot be made. In this case, the local fire department should be contacted to determine if the property is located within the zone. This determination was made according to State level maps (Gov. Code 51178). Please te: (1) A local agency may, at its discretion, exclude from the requirements of Section an area identified as a very high fire hazard severity zone by the director within the jurisdiction of the local agency, following a finding supported by substantial evidence in the record that the requirements of Section are not necessary for effective fire protection within the areas. (2) A local agency may, at its discretion, include areas within the jurisdiction of the local agency not identified as very high fire hazard severity zones by the director, as very high fire hazard severity zones following a finding supported by substantial evidence in the record that the requirements of Section are necessary for effective fire protection within the area. Wildland Areas of Forest Fire Risk (State Responsibility Areas) The California Department of Forestry and Fire Protection has established a State Responsibility Area Map. It should be noted that the State is not responsible for protecting structures within these areas. The property owner is subject to certain maintenance requirements and may be responsible for fire protection of structures under Section 4291 of the Public Resources Code. State Responsibility areas are generally rural locales. Due to the general nature of rural locales, there may be a significant wildland fire potential. If the property is located within a State Responsibility Area, it is recommended that the county fire department be contacted to obtain a full list of property owner maintenance and fire protection requirements. Page 8

9 Alquist-Priolo Earthquake Fault Zones The Alquist-Priolo Earthquake Fault Zone Act, was created for the purpose of delineating Earthquake Fault Zones. Earthquake Fault Zones are areas or bands on both sides of known or suspected active earthquake faults. Typically these zones are one-quarter mile or less in width, except in special circumstances designated by the State Geologist. Local agencies must regulate most types of development in projects located within these zones. Our search results will only indicate whether or not the property in question is located within an Earthquake Fault Zone as outlined on the Alquist Priolo Earthquake Fault Zone Maps. This report does not indicate whether or not a surface trace of an active fault is located on the property. If this report identifies the property in question as being located within an Earthquake Fault Zone, it is recommended that a qualified Certified Engineering Geologist is consulted to provide further assessments of the site. As the State Earthquake Fault Zoning Program is ongoing, properties currently not identified, as being in a zone may be located in a zone established in the future. Seismic Hazard Zones Under the Seismic Hazard Mapping Act the California Division of Mines and Geology has prepared maps delineating zones of potential seismic hazards. The purpose of the act is to provide cities and counties with zones where site-specific geo-technical studies are required prior to development. It is the responsibility of local agencies to regulate most types of development projects located within those zones. This report will only indicate if the property is located in a zone of potential seismic hazard on the maps prepared by the California Division of Mines and Geology. This report does not indicate whether or not the property is subject to seismic hazards. For more information on this Act or when maps may become available, contact the California Division of Mines and Geology or visit their website at Energy Efficiency Standards and Duct Sealing Requirements Disclosure The Energy Policy and Conservation Act directs the Department of Energy (DOE) to establish minimum efficiency standards for various products, including central air conditioners and heat pumps. HomeServices Disclosure Reports recommends that the transferee of the subject property verify the SEER (Seasonal Energy Efficiency Ratio) rating of the central air conditioning or heat pump system through a licensed home inspector or through the California Home Energy Efficiency Rating Services (CHEERS). Additional information may be found at or at The California Energy Commission imposes certain duct sealing and testing requirements depending upon the climate zone in which the subject property is located. Additional information may be found at This property is located in a designated climate zone in which properties are subject to duct sealing and testing requirements set forth by the California Energy Commission. Commercial/Industrial Use and Zoning Disclosure Pursuant to California Civil Code Section , a seller of residential real property who has actual knowledge that the property is adjacent to, or zoned to allow, an industrial use described in Section 731a of the Code of Civil Procedure, or affected by a nuisance created by such a use, shall give written notice of that knowledge as soon as practicable before transfer of title. Pursuant to California Code of Civil Procedure Section 731a, Whenever any city, city and county, or county shall have established zones or districts under authority of law wherein certain manufacturing or commercial or airport uses are expressly permitted, except in an action to abate a public nuisance brought in the name of the people of the State of California, no person or persons, firm or corporation shall be enjoined or restrained by the injunctive process from the reasonable and necessary operation in any such industrial or commercial zone or airport of any use expressly permitted therein, nor shall such use be deemed a nuisance without evidence of the employment of unnecessary and injurious methods of operation. thing in this act shall be deemed to apply to the regulation and working hours of canneries, fertilizing plants, refineries and other similar establishments whose operation produce offensive odors. This property is within one mile of a property zoned to allow for commercial or industrial use based on local jurisdiction zoning maps. This disclosure is not intended to fulfill the seller s disclosure obligation pursuant to Civil Code Section HomeServices Disclosure Reports cannot represent the actual knowledge of the seller. Page 9

10 Tax Summary Property Address: 800 N 8th St #218 Basic Proposition 13 Levy Name Agency/Contact Amount County of Santa Clara Tax Collector (408) $4, Voter Approved Ad Valorem Taxes Name Agency/Contact Amount Schools Fire and Other Santa Clara Auditor (408) $1, Mello Roos Community Facilities District(s) Name End Year Agency/Contact Amount ne Improvement Bond Act of 1915 Assessment District(s): Name End Year Agency/Contact Amount ne Other District Assessments: Name Agency/Contact Amount SCVOSA MEASURE Q Sci Consulting Group (800) $24.00 OPEN SPACE DISTRICTS - SANTA CLARA COUNTY (SCVOSA ASMT DIST 1) Sci Consulting Group (800) $12.00 SCVWD FLOOD ASSMT, CENTRAL Special Tax Benefit Assmt Hotline (408) $21.16 MOSQUITO ASMT #2 Sci Consulting Group (800) $5.02 SC COUNTY - VECTOR CONTROL DISTRICT Sci Consulting Group (800) $5.08 SJ LIBRARY ASSMT Francisco and Associates (800) $32.28 SJ SEWER SANI/STORM City of San Jose (408) $ SCVWD SAFE, CLEAN WATER Special Tax Benefit Assmt Hotline (408) $29.70 Total $ Page 10

11 IMPORTANT NOTE ON TAES The Mello-Roos Communities District Act of 1982 (California Government Code Section ) authorizes designated local government agencies to finance certain public facilities and services through imposition of special taxes approved by a two-thirds vote of the qualified electorate within the district. Within the designated service areas, taxes are levied against the property owners in the form of tax liens. This report only addresses Mello-Roos assessment districts which are known to be active. A 1915 Improvement Bond is a form of public financing usually associated with off-site land improvements, such as streets, curbs, gutters and underground sewer and water infrastructure. A 1915 Bond is similar to a construction loan with a principal balance and an amortization period, over which the property owner pays for the principle and interest. When a 1915 Improvement Bond special assessment district is activated, an assessment lien is placed against each affected property and a special assessment appears on the property tax bill until the debt is fully paid. Designated governmental entities are required to furnish a tice of Special Tax to any property owner subject to a special tax within five (5) days of receiving a request for such a notice (Government Code Section ). The form of the tice of Special Tax is set forth in Government Code Section If the buyer has any questions or concerns about the property taxes on this property, a qualified professional should be consulted. Important te: These determinations were made based on data provided by a third party tax information service. Under no circumstances will HomeServices Disclosure Reports be held responsible for errors in the data provided by its suppliers. Parties should be aware that, while the database from which this determination was made is considered comprehensive and reliable, it may not include all properties affected by a Mello-Roos or 1915 Bond Act tax lien. Important te: The required tice of Special Tax for a property subject to a Mello-Roos or a 1915 Improvement Bond special tax can be obtained from the area s Tax Collector s office. Important te: Special assessments, Improvement Act bonds, and Mello-Roos Community Facilities Act special taxes are treated differently than ad valorem property taxes. npayment of these assessments, bonds, and special taxes can result in liens against the property, which may be enforced by judicial proceedings and/or foreclosure at public auction, independent of ad valorem property taxes. The procedure for foreclosure and the corresponding notice periods may be significantly shorter than that of ad valorem property taxes. SUMMARY OF PROPOSITION 13 Proposition 13 was voted into law on June 6 th, 1978 in order to reduce property taxes. Prior to Prop 13, tax rates were nearly 3% of the market value of the property, and there were no limits on increases or tax changes. Properties were reassessed yearly based on their market values. Prop 13 changed this. Properties cannot be charged more than 1% of the assessed market value of 1976, with limited exceptions, and the assessed value of a property cannot increase by more than 2% each year as long as the property is not sold. If a property is sold, or construction is finished on a property, the property can be reassessed at 1% of the market price and then will not increase by more than 2% in following years. Prop 13 also changed the way taxes are voted into effect. After Prop 13, the responsibility for allocating property tax revenue was given to the state, not the local jurisdiction. The law states that in order to change a state tax, the proposed increase must be approved by a two-thirds vote of each house of the state legislature. For changes to local special taxes, the proposed change needs to be approved by two-thirds of the voters in that jurisdiction. Page 11

12 Property Tax and Supplemental Tax Estimator Below is a worksheet with two sections to assist buyers in estimating their property taxes and supplemental tax bills. These are for estimation purposes only and are not a substitute to the County s property tax bill. HomeServices Disclosure Reports does not predict tax changes, fees, or other charges. This worksheet does not reflect properties which are undeveloped or recently developed because they may be subject to additional Direct Assessments not reflected in this worksheet. HomeServices Disclosure Reports is not responsible or liable for any losses, liabilities, or damages resulting from the use of these worksheets. Property Tax Estimator This section is designed to help buyers estimate their property taxes for the upcoming tax year based on the new assessed value of the property being equal to the sales price. This property may qualify for potential exemptions and exclusions that are not reflected in this estimate. Estimated Purchase Price 1 $ Estimated Ad Valorem Tax Rate Multiply line 1 by line 2. This is your estimated Ad Valorem Tax 3 $ Direct Assessments + Mello Roos Assessments Bond Act Assessments when applicable 4 $ Add Lines 3 and 4. This is your Total Estimated Annual Tax Amount after the Sale 5 $ Supplemental Tax Estimator This section is designed to help buyers estimate their supplemental tax bills. Supplemental tax bills are in addition to the annual secure property taxes, and generally not paid out of the impound account by the mortgage lender. For properties changing ownership during the months of January May, complete lines For properties changing ownership during the months of June December, complete lines 6 9, and Estimated Purchase Price (also line 1 above) 6 $ Approximate Current Net Taxable Value 7 $ 482, Subtract line 7 from line 6. This is your Estimated Supplemental Assessed Value 8 $ Multiply line 8 by line 2 (Estimated Ad Valorem Tax Rate) This is the Estimated Full-Year Supplemental Tax Obligation. 9 $ If the property changes ownership during the months of January - May, the property will have two supplemental tax bills; one for the current tax year and one for the following tax year. The section below can be used to estimate those taxes. Enter Month Percentage for the month the property changes ownership 10 $ Multiply line 9 by line 10. This is your First Estimated Supplemental Tax Bill 11 $ Enter amount from line 9. This is your Second Estimated Supplemental Tax Bill. 12 $ Add line 11 with line 12. This is your Total Estimated Supplemental Tax Bill 13 $ If the property changes ownership during the months of June - December, the property will have one supplemental tax bill. The section below can be used to estimate those taxes. Enter Month Percentage for the month the property changes ownership 14 $ Multiply line 9 by line 14. This is your Total Estimated Supplemental Tax Bill 15 $ Month Percentage Table Month Factor Month Factor Month Factor Month Factor January April July October February May August vember March June September December Page 12

13 Airport Proximity According to maps provided by the county Airport Land Use Commission (ALUC), it has been determined that: This property is located within two (2) miles of an airport runway or boundary. Name of Airport: SAN JOSE INTERNATIONAL AIRPORT If a property is located in the vicinity of an airport or airport runway, that property may be within an Airport Influence Area as defined by the ALUC, and therefore may be subject to some of the annoyances and/or inconveniences associated with proximity to airport operations (i.e. noise, vibration, odors, etc.). A potential buyer may wish to consider what airport annoyances, if any, are associated with the property before completing a purchase. This determination was made based on maps provided by the ALUC and this report, therefore, may not include all military or private airports, airstrips or helipads, especially those in rural areas that have not been reviewed by the ALUC. In no circumstances will HomeServices Disclosure Reports be held responsible for errors in or omissions from the information provided by the ALUC. Airport ise The seller(s) of a residential real property who has (have) actual knowledge that the property in transaction is affected by airport use must give written notice of that knowledge, as soon as practicable, before transfer of title. (California Civil Code, Section ) The goal of The Federal Aviation Administration s (FAA) Airport ise Compatibility Program is to reduce the size of the area and the distance from the airport where loud airport generated noises are heard. ise contour maps pursuant with FAA regulations, show areas where certain sound levels occur. The noise contour lines show the noise levels as 75 Ldn, 70 Ldn, and 65 Ldn (Ldn is a day-night Average ise Level measurement.) A property is determined to be within an Aviation ise Zone if it is found to be located within the 65 Ldn contour boundary. Participation in the Airport ise Compatibility Program is voluntary. t all airports in a given area produce noise exposure maps or participate in the program and therefore may not be included in this report. This Property is within a delineated 65 Ldn CNEL or greater aviation noise zone. Military Ordnance Location Determination According to the information issued by the United States Department of Defense for Former Federal and State Defense Sites, the Subject Property is within one mile of a military ordnance location. Name of Site: Formerly Used Defense Sites (FUDs). Definition of Military Ordnance Locations: Military Ordnance locations are areas identified by an agency or instrumentality of the Federal or State Government as an area once used for military training purposes, which may contain potentially explosive munitions. This Military Ordnance Location Disclosure was obtained using a database of Formerly Used Defense Sites (FUDS) in the State of California. The information provided herein represents publicly available information of Formerly Used Defense Sites known to contain hazards. Page 13

14 Sustainable Groundwater Management Act Disclosure This property is located in a MEDIUM priority basin and the basin IS NOT a listed basin subject to critical conditions of overdraft. The Sustainable Groundwater Management Act (SGMA) is a package of three bills (AB 1739, SB 1168, and SB 1319) providing local agencies with a framework for managing groundwater basins in a manner ensuring basin resiliency and benefiting both present and future generations. The SGMA defines sustainable groundwater management as the management of groundwater supplies in a manner that can be maintained during the planning and implementation horizon (50-year time period) without causing undesirable results. Recognizing that groundwater is most effectively managed at the local level, the SGMA empowers local agencies to achieve sustainability within 20 years. The Department of Water Resources (DWR) has identified 515 alluvial groundwater basins as the initial boundaries for groundwater management. A local agency, combination of local agencies, or county may establish a Groundwater Sustainability Agency. It is the GSA s responsibility to develop and implement a Groundwater Sustainability Plan (GSP) that considers all beneficial uses and users of groundwater in the basin. High and medium priority basins are required to develop a GSP. Low and Very Low priority basins are encouraged, but not required, to develop a GSP. Timeline of the Sustainable Groundwater Management Act: June 1, Department of Water Resources adopts regulations for evaluating groundwater sustainability plans. January 1, Department of Water Resources to identify basins subject to critical overdraft. June 30, Groundwater Sustainability Agencies must be formed January 31, High and medium priority basins in critical overdraft managed by groundwater sustainability plans. January 31, All high and medium priority basins managed by groundwater sustainability plans. January 31, 2040/ All high and medium priority basins achieve groundwater sustainability (twenty years after plans are adopted) Links to more information on the Sustainable Groundwater Management Act can be found at tice of Mining Operations This property is located within one mile of a mine operation for which the mine owner or operator has reported mine location data to the Department of Conservation pursuant to Section 2207 of the Public Resources Code. If the property is located within one mile of a mine operation for which the mine owner or operator has reported mine location data to the Department of Conservation pursuant to Section 2207 of the Public Resources Code, then accordingly, the property may be subject to inconveniences resulting from mining operations. You may wish to consider the impacts of these practices before you complete your transaction. THIS MARKS THE END OF DISCLOSURES AND DESCRIPTIONS. THE FOLLOWING PAGES CONTAIN ADVISORIES FOR YOUR INFORMATION. Page 14

15 Flood Insurance Disclosure Pursuant to 42 United States Code Section 5154a(b), a transferor of real property shall, before the transfer, notify the transferee in writing of the federal requirements to obtain or maintain flood insurance, if disaster relief assistance made available in a flood disaster area has been provided, prior to the date on which the property is transferred, for repair, replacement, or restoration of the property, if such assistance was conditioned upon obtaining flood insurance in accordance with applicable Federal law with respect to such property. If such a transferor fails to make such a notification and, subsequent to the transfer of the property: (A) the transferee fails to obtain or maintain flood insurance in accordance with applicable Federal law with respect to the property; (B) the property is damaged by a flood disaster; and (C) Federal disaster relief assistance is provided for the repair, replacement, or restoration of the property as a result of such damage, the transferor shall be required to reimburse the Federal Government in an amount equal to the amount of the Federal disaster relief assistance provided with respect to the property. The information contained herein is not intended to indicate whether a property has been in a Federal disaster area and has received Federal disaster relief assistance, but merely to indicate that there is an additional flood insurance disclosure requirement related to future disaster relief assistance availability. Registered Sex Offender Database (Megan s Law) The California Department of Justice, sheriff s departments, police departments serving jurisdictions of 200,000 or more and many other local law enforcement authorities maintain for public access a database of the locations of persons required to register pursuant to paragraph (1) of subdivision (a) of Section of the Penal Code. The database is updated on a quarterly basis and is a source of information about the presence of these individuals in any neighborhood. The Department of Justice also maintains a Sex Offender Identification line through which inquiries about individuals may be made. This is a 900 telephone service. Callers must have specific information about individuals they are checking. Information regarding neighborhoods is not available through the 900 telephone service. California s Megan s Law is intended to provide the public with information regarding the whereabouts of convicted sex offenders, and thus enable the community to better protect its citizens and children. The law is not intended as a form of punishment to convicted sex offenders, but is rather intended to help ensure public safety. Interested parties may access the California Registered Sex Offender Database at Habitat Sensitivity Area/Endangered Species Advisory Pursuant to California Fish & Game Code Section 2051(b), certain species of fish, wildlife, and plants are in danger of, or threatened with, extinction because their habitats are threatened with destruction, adverse modification, or severe curtailment. Pursuant to California Fish & Game Code Section , if a person is required to provide mitigation measures or alternatives to address a particular impact on a candidate species, threatened species, or endangered species, the measures or alternatives required shall be roughly proportional in extent to any impact on those species that is caused by that person. Where various measures or alternatives are available to meet this obligation, the measures or alternatives required shall maintain the person's objectives to the greatest extent possible consistent with this section HomeServices Disclosure Reports recommends that the transferee contact the California Department of Fish & Game to ascertain what, if any, considerations might be involved as a result of being in or near a habitat sensitivity area. Additional information regarding habitat sensitivity areas and/or endangered species may be found at Methamphetamine Contaminated Property Disclosure Pursuant to California Health and Safety Code Section , a property owner who receives an order that property owned by that person is contaminated by a methamphetamine laboratory activity, until that property owner receives a notice from a local health officer that the property identified in an order requires no further action, shall notify the prospective buyer in writing of the pending order, and provide the prospective buyer with a copy of the pending order. The prospective buyer shall acknowledge, in writing, the receipt of a copy of the pending order. This disclosure is meant to inform prospective buyers of California disclosure law regarding methamphetamine laboratory activity, and does not indicate or imply that a particular property is or has been contaminated according to this law. Page 15

16 Gas and Hazardous Liquid Pipelines Advisory Information about the general location of gas and hazardous liquid transmission pipelines is available to the public via the National Pipeline Mapping System (NPMS) Internet Web site maintained by the United States Department of Transportation at To seek further information about possible transmission pipelines near the Property, you may contact your local gas utility or other pipeline operators in the area. Contact information for pipeline operators is searchable by ZIP Code and county on the NPMS Internet Web site. Oil and Gas Wells Advisory Transferee should be aware that abandoned oil and/or gas wells may exist on any property. The California Division of Oil, Gas & Geothermal Resources, in addition to overseeing the drilling, operation, maintenance, and plugging and abandonment of oil, natural gas, and geothermal wells, prepares maps for the State of California. Additional information including maps may be found at Naturally Occurring Asbestos Advisory Chrysotile and amphibole asbestos (such as tremolite) occur naturally in certain geologic settings in California, most commonly in association with ultramafic rocks and along associated faults. Asbestos is a known carcinogen and inhalation of asbestos may result in the development of lung cancer or mesothelioma. The asbestos contents of many manufactured products have been regulated in the U.S. for a number of years. For example, the California Air Resources Board (CARB) has regulated the amount of asbestos in crushed serpentinite used in surfacing applications, such as for gravel on unpaved roads, since In 1998 new concerns were raised about possible health hazards from activities that disturb rocks and soil containing asbestos and may result in the generation of asbestos laden dust. These concerns recently lead to CARB to revise their asbestos limit for crushed serpentinite and ultramafic rock in surfacing applications from 5 percent to less than 0.25 percent, and to adopt a new rule requiring best practices dust control measures for activities that disturb rock and soil containing naturally occurring asbestos. See The California Geological Survey (CGS) provides information on the geology of asbestos occurrences in California to a number of state, local and federal agencies, private industry, consultants and the public. HomeServices Disclosure Reports recommends that the transferee visit for additional information as well as asbestos reports, maps, and guidelines for geologic investigations. Mold Advisory In 2001, California Senate Bill 732 was passed, which amended the Transfer Disclosure Statement to include a disclosure about mold. It also provides for a revision of the Environmental Hazards Booklet by the California Department of Toxic Substances Control to include a chapter on mold (Chapter VI). A real estate agent is required to use the new Transfer Disclosure Statement form. An agent should also provide a buyer with a current copy of the above-referenced Environmental Hazards Booklet. Buyers should be advised that, if there is any question as to whether mold exists, they may elect to have a mold inspection conducted by a qualified expert. Mold growth on surfaces can often be seen in the form of discoloration, frequently green, gray, brown or black, but also white and other colors in some cases. Molds can release tiny spores into the air and often have a musty or earthy odor. The following are common sources of indoor moisture that may lead to mold problems: past flooding, roof leaks, plumbing leaks, damp basement or crawl space, improper lawn irrigation procedures, steam build-up from showers or cooking, humidifiers, and clothes dryers exhausting indoors. Additional information can be found in the Homeowner s Guide to Earthquake Safety and Environmental Hazards, referenced in the first paragraph of this advisory. Page 16

17 Radon Advisory Radon is an odorless, tasteless and invisible gas produced by the decay of naturally occurring uranium in soil and water. Radon is a form of ionizing radiation and a proven carcinogen. Lung cancer is the only known effect on human health from exposure to radon in air. Radon in air is ubiquitous. Radon is found in outdoor air and in the indoor air of buildings of all kinds. EPA recommends homes be fixed if the radon level is 4 pci/l (picocuries per liter) or more. Because there is no known safe level of exposure to radon, EPA also recommends that Americans consider fixing their home for radon levels between 2 pci/l and 4 pci/l. The average radon concentration in the indoor air of America's homes is about 1.3 pci/l. It is upon this level that EPA based its estimate of 20,000 radon-related lung cancers a year upon. It is for this simple reason that EPA recommends that Americans consider fixing their homes when the radon level is between 2 pci/l and 4 pci/l. The average concentration of radon in outdoor air is.4 pci/l or 1/10th of EPA's 4 pci/l action level. The radon health risk is underscored by the fact that in 1988 Congress added Title III on Indoor Radon Abatement to the Toxic Substances Control Act. It codified and funded EPA's then fledgling radon program. Also that year, the Office of the U.S. Surgeon General issued a warning about radon urging Americans to test their homes and to reduce the radon level when necessary (U.S. Surgeon General). Unfortunately, many Americans presume that because the action level is 4 pci/l, a radon level of less than 4 pci/l is "safe". This perception is altogether too common in the residential real estate market. In managing any risk, we should be concerned with the greatest risk. For most Americans, their greatest exposure to radon is in their homes; especially in rooms that are below grade (e.g., basements), rooms that are in contact with the ground and those rooms immediately above them. See Radon, in its natural state cannot be detected with the human senses. The only way to detect radon is to test. California residents can purchase low cost radon test kits, to test their home. The results of the test should determine if you and your family are at risk. Testing for real estate transactions must be conducted by a California certified radon tester. If the tester is not on the service providers list, he or she may not be certified or registered with the Indoor Radon Program. Certification and registration for service providers is a requirement in California. See The California Geological Survey (CGS) staff have worked with the California Department of Public Health Radon Program since 1989 to provide that program with geologic information to help identify those areas of California with increased potential for elevated indoor-radon levels. Additional information as well as maps and reports may be found at Supplemental Property Tax Bill Pursuant to California Civil Code Section c, it is the responsibility of the seller of any real property, or his or her agent, to deliver to the prospective purchaser a disclosure notice that includes the following notice: California property tax law requires the Assessor to revalue real property at the time the ownership of the property changes. Because of this law, you may receive one or two supplemental tax bills, depending on when your loan closes. The supplemental tax bills are not mailed to your lender. If you have arranged for your property tax payments to be paid through an impound account, the supplemental tax bills will not be paid by your lender. It is your responsibility to pay these supplemental bills directly to the Tax Collector. If you have any question concerning this matter, please call your local Tax Collector's Office. Fire Prevention Fee for Wildland Areas (State Responsibility Areas) The Fire Prevention Fee is an annual fee for fire prevention services that owners of habitable structures in the State s Responsibility Area (SRA) are required by law to pay. The SRA is the area of the state where the State of California is financially responsible for the prevention and suppression of wildfires. The SRA does not include lands within incorporated city boundaries or federally owned land. The Board of Forestry and Fire Protection adjust the fee annually. It is currently $ per habitable structure located within an SRA. If the habitable structure is also within the boundaries of a local agency that provides fire protection services, the property owner will receive a $35.00 reduction for each habitable structure. Approximately 90-95% of habitable structures in the SRA are covered by a local fire protection agency resulting in most bills amounting to $115 per habitable structure. See Page 17

18 Transfer Fee Disclosure Pursuant to California Civil Code Section e, [i]f a property being transferred on or after January 1, 2008, is subject to a transfer fee, as defined in Section 1098 [see below], the transferor shall provide, at the same time as the transfer disclosure statement required pursuant to Section is provided, an additional disclosure statement containing all of the following: (a) tice that payment of a transfer fee is required upon transfer of the property. (b) The amount of the fee required for the asking price of the real property and a description of how the fee is calculated. (c) tice that the final amount of the fee may be different if the fee is based upon a percentage of the final sale price. (d) The entity to which funds from the fee will be paid. (e) The purposes for which funds from the fee will be used. (f) The date or circumstances under which the obligation to pay the transfer fee expires, if any. California Civil Code Section 1098 defines a transfer fee as any fee payment requirement imposed within a covenant, restriction, or condition contained in any deed, contract, security instrument, or other document affecting the transfer or sale of, or any interest in, real property that requires a fee be paid upon transfer of the real property. California Civil Code Section , states: (a) For transfer fees, as defined in Section 1098, imposed prior to January 1, 2008, the receiver of the fee, as a condition of payment of the fee on or after January 1, 2009, shall record, on or before December 31, 2008, against the real property in the office of the county recorder for the county in which the real property is located a separate document that meets all of the following requirements: (1) The title of the document shall be Payment of Transfer Fee Required in at least 14-point boldface type. (2) The document shall include all of the following information: (A) The names of all current owners of the real property subject to the transfer fee, and the legal description and assessor's parcel number for the affected real property. (B) The amount, if the fee is a flat amount, or the percentage of the sales price constituting the cost of the fee. (C) If the real property is residential property, actual dollar-cost examples of the fee for a home priced at two hundred fifty thousand dollars ($250,000), five hundred thousand dollars ($500,000), and seven hundred fifty thousand dollars ($750,000). (D) The date or circumstances under which the transfer fee payment requirement expires, if any. (E) The purpose for which the funds from the fee will be used. (F) The entity to which funds from the fee will be paid and specific contact information regarding where the funds are to be sent. (G) The signature of the authorized representative of the entity to which funds from the fee will be paid. (b) When a transfer fee, as defined in Section 1098, is imposed upon real property on or after January 1, 2008, the person or entity imposing the transfer fee, as a condition of payment of the fee, shall record in the office of the county recorder for the county in which the real property is located, concurrently with the instrument creating the transfer fee requirement, a separate document that meets all of the following requirements: (1) The title of the document shall be Payment of Transfer Fee Required in at least 14-point boldface type. (2) The document shall include all of the following information: (A) The names of all current owners of the real property subject to the transfer fee, and the legal description and assessor's parcel number for the affected real property. (B) The amount, if the fee is a flat amount, or the percentage of the sales price constituting the cost of the fee. (C) If the real property is residential property, actual dollar-cost examples of the fee for a home priced at two hundred fifty thousand dollars ($250,000), five hundred thousand dollars ($500,000), and seven hundred fifty thousand dollars ($750,000). (D) The date or circumstances under which the transfer fee payment requirement expires, if any. (E) The purpose for which the funds from the fee will be used. (F) The entity to which funds from the fee will be paid and specific contact information regarding where the funds are to be sent. (G) The signature of the authorized representative of the entity to which funds from the fee will be paid. (c) The recorder shall only be responsible for examining that the document required by subdivision (a) or (b) contains the information required by subparagraphs (A), (F), and (G) of paragraph (2) of subdivision (a) or (b). The recorder shall index the document under the names of the persons and entities identified in subparagraphs (A) and (F) of paragraph (2) of subdivision (a) or (b). The recorder shall not examine any other information contained in the document required by subdivision (a) or (b). Page 18

19 Right-to-Farm Ordinance Advisory It is declared the policy of some local counties to preserve, protect, and encourage development of its agricultural land and industries for the production of food and other agricultural products. Residents of property that are in or near agricultural districts should be prepared to accept the inconvenience and discomfort associated with normal farm activities. Consistent with this policy, California Civil Code (Right-to-Farm Law) provides that an agricultural pursuit, as defined, maintain for commercial uses, shall not be or become a nuisance due to changed conditions in a locality after such agricultural pursuit has been in operation for three years. Terms, Conditions & Liability These terms apply to the aforementioned property. This report was prepared by HomeServices Disclosure Reports (HSDR). This report is for the exclusive use and reliance of the transferee, transferor, listing agent and selling agent, if any. It may be used only in conjunction with a Natural Hazard Disclosure Statement, and then only in connection with the transaction contemplated by transferee and transferor. This report is not intended to be and may not be used for any other purposes, including but not limited to appraisal or valuation of the property. This report may not be used by or relied upon by any other parties, including but not limited to lenders or subsequent transferees, nor shall there be any third party beneficiaries regardless of their relationship with or to the transferee, transferor, or the property. HSDR makes no representation or covenant as to the report s effect on the value of the property as a result of the various disclosures contained in this report. This report is valid solely for the transaction presently contemplated between this transferee and this transferor relating to the property address and assessor s parcel number (APN) furnished by the transferor as shown in this report. Transferor is responsible for verifying the accuracy of the property address and APN within five (5) days of receipt of this report. Upon notification of an inaccurate address or APN, HSDR will issue a replacement report with the correct information. If multiple adjacent parcels are being transferred as a single property or in a single transaction, this report treats them as if they were a single parcel. This means, hazards that affect an individual parcel will be disclosed as affecting all parcels. Should the transferor or transferee desire a disclosure with regard to each parcel separately, a separate report must be ordered for each such parcel. The disclosures contained in this report are valid only as of the date shown on page two (2) of this report. HSDR shall have no duty or obligation to inform transferee or transferor, or their agents or lenders, of any changes or governmental actions pertaining to or affecting the property which became effective after the date shown on page two (2) of this report. It is recommended that a request for an updated report be made if the property remains unsold for an extended period of time after this report is issued. HSDR has relied solely upon records and information specifically referred to in this report for preparation of this report. The records and information were supplied to us by various governmental agencies. HSDR assumes that the records and information supplied by the various governmental agencies are complete and accurate. Therefore, HSDR shall not be responsible for any inaccuracies or omissions in public records or in information reported by various governmental agencies. physical inspection of the property has been made. The transferor and listing agent must review this report and insure that they do not have personal knowledge of any error, inaccuracy, or omission in this report. HSDR shall take no responsibility or liability for any costs or consequences arising due to the need, or lack of need, for earthquake insurance or flood hazard insurance. The National Flood Insurance or an insurance agent should be contacted for information regarding flood insurance. An insurance agent should be contacted for earthquake insurance information. Transferor has requested that HSDR provide the information contained in this report. Delivery of this report is intended to assist the transferor, and both agents, in availing themselves of the exemption from liability specified in California Civil Code Section (a), but HSDR makes no representation or warranty, express or implied, as to the actual availability of such exemption. HSDR acknowledges that the information provided in this report will be used in fulfilling some of the disclosure requirements of California Civil Code Section b and c. The disclosures contained in this report are applicable only to the items listed herein as they relate to the items listed in California Civil Code c and to no other items. HSDR shall not be responsible for any items of information, or parts thereof, other than those expressly set forth in this report. This NHD is NOT AN INSURANCE POLICY and does not insure the accuracy of the Public Records upon which the NHD Explanations and Determinations were based. This NHD is not a substitute for Transferee obtaining insurance policies providing coverage against losses incurred as a result of earthquakes, fires, flooding, environmental hazards or any kind of risks associated with the property. If Transferee wishes to obtain insurance for any risks associated with the property, transferee should consult a qualified insurance professional. Acceptance or use of this report, or execution by transferee, transferor, or their respective agents of a natural hazard disclosure statement in conjunction with this report, constitutes approval and acceptance of the terms, conditions, and limitations stated herein. Under no circumstances shall HomeServices Disclosure Reports be liable for lost profits or any indirect, incidental, or consequential damages in connection with, or arising out of, the preparation, issuance, or use of this report. Page 19

20 Environmental Report Property Address: 800 N 8th St #218 HomeServices Disclosure Reports 5380 N. Fresno Street, Suite 101 Fresno, CA Phone: (408) Fax: nhd@hsdr.net

21 Environmental Report Summary The transferor(s) and his or her agent(s) disclose the following information is compiled from third party sources and is not a representation of the actual knowledge of the transferor(s). This is not a warranty. Transferor hereby authorizes any agent(s) representing any principal(s) in this action to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. This information is a disclosure and is not intended to be part of any contract between the transferee and the transferor. THE SUBJECT PROPERTY LIES WITHIN THE FOLLOWING ENVIRONMENTAL ZONES: Oil or gas well(s) within one-half (½) mile of the property (see page 22) Solid Waste Landfill Facilities (SWIS) within one-half (½) mile of the property (see page 23) California State Response Site within one-half (½) mile of the property (see page 23) Leaking underground storage tank(s) within one-quarter (¼) of a mile of the property (see page 23) - Open - Closed Spills, Leaks, Investigation & Cleanup (SLIC) within one-half (½) mile of the property (see page 24) - Open Closed Superfund site(s) located within one (1) mile of the property (see page 24) Federal Resource and Recovery Act (RCRA) site(s) within one (1) mile of the property (see page 24) Gas or other hazardous liquid pipeline(s) within one-half (½) mile of the property (see page 25) Report Database Information This is a Database Report, not an in person inspection or assessment report of the Subject Property. The information in this report is a consolidation of Geographic Information Systems ( GIS ) and other database sources provided to HomeServices Disclosure Reports by multiple external sources. These Sources are listed on page 26. This Report discloses information from third party government agencies. HomeServices Disclosure Reports does not analyze or alter the data, and has no control of the content or accuracy thereof. The database(s) available can vary largely in accuracy, content, and quality. This report is not the same as a full environmental assessment report or a physical inspection of a Subject Property and/ or the surrounding area, and thus the accuracy of this report cannot be guaranteed. Third-Party Disclosure Provider(s) HomeServices Disclosure Reports Date 7/10/2017 Page 21

22 Oil and/or Gas Wells OIL AND/OR GAS SITES WITHIN ONE-HALF (½) MILE OF THE PROPERTY YES NO Well(s) Status Wells found within one-half (½) mile of the Property, if any, are listed below: TOTAL NUMBER OF WELLS FOUND OF ANY STATUS: 0 Well API Number Well Operator (listed as Orphan if unknown) Status Description te: The above list contains only the closest 12 well Sites te: The location and status of the wells are obtained from the California Department of Conservation, Division of Oil, Gas and Geothermal Resources (DOGGR) database. t all wells are listed in the database and no guarantee can be made that this list contains all existing wells in the area. Some wells (known as orphan wells) have no recorded operator, and are maintained by the California DOGGR. Oil and Gas Conservation Law California Public Resources Code 3000 et seq. states that the DOGGR shall so supervise the drilling, operation, maintenance, and removal or abandonment of tanks and facilities attendant to oil and gas production, including [some] pipelines so as to prevent, as far as possible, damage to life, health, property, and natural resources; damage to underground oil and gas deposits from infiltrating water and other causes; loss of oil, gas, or reservoir energy and damage to underground and surface waters suitable for irrigation or domestic purposes by the infiltration of, or the addition of, detrimental substances. About the DOGGR The California Department of Conservation, Division of Oil, Gas & Geothermal Resources, oversees the drilling, operation, maintenance, and plugging and abandonment of oil, natural gas, and geothermal resources in the state through sound engineering practices that protect the environment, prevent pollution, and ensure public safety. For more information, see Oil and Gas Hazards Oil and gas wells have health and safety hazards that may include exposure to toxic chemicals, soil and ground water contamination, leaks of oil or methane, flash fires, other fire hazards, and air quality degradation, all of which can result in harm to humans or animals. This includes both active and abandoned well sites. ADVISORY: If an abandoned well that has not been properly decommissioned and plugged exists on a property, the land owner may be subject to additional costs for re-abandonment of the well in compliance with current State laws and regulations, with possible assistance of the state. Page 22

23 Solid Waste Information System List (SWIS) The Solid Waste Information System (SWIS) facility database contains information on solid waste facilities, operations, and disposal sites throughout the State of California. The types of facilities found in this database include landfills, transfer stations, material recovery facilities, composting sites, transformation facilities, waste tire sites, and closed disposal sites. For each facility, the database contains information about location, owner, operator, facility type, inspection and enforcement records. For more information visit California State Response list (CSR) The Department of Toxic Substances Control has the general administrative responsibility for overseeing the State s responses to spills or releases of hazardous substances, and for hazardous waste disposal sites that pose a threat to public health or to the environment. This database is a compilation of confirmed release sites of high potential risk. The Hazardous Waste and Substances Sites List, also known as the Cortese List or California Superfund, is a planning document used by the State of California and its various local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. The California Department of Toxic Substances Control (DTSC) is responsible for a portion of the information contained in the Cortese List. Other State and local government agencies are required to provide additional hazardous material release information for the Cortese List. For more information please visit Leaking Underground Storage Tanks (LUST) About Underground Storage Tanks (USTs) An underground storage tank (UST) system is a tank and any underground piping connected to the tank that has at least 10 percent of its combined volume underground. The federal UST regulations apply to only underground tanks and piping storing either petroleum or certain hazardous substances. There are approximately 575,000 underground storage tanks (USTs) nationwide that store petroleum or hazardous substances. The greatest potential threat from a leaking UST is contamination of groundwater, the source of drinking water for nearly half of all Americans. EPA, states, and tribes work together to protect the environment and human health from potential UST releases. For more information, see The below table was populated from geotracker.waterboards.ca.gov. OPEN sites have remaining and foreseeable risk to human health and the environment, and have yet to be cleaned and give Closed status CLOSED status is achieved when the remaining contamination in the soil, surface water, groundwater, or air meets a risk or cleanup threshold determined not to pose a threat to human health or the environment. LUST sites found within One-Quarter (¼) Mile of the Property, if any, are listed below: Site Name Global ID Status Address City Amerian Brothers T Completed - Case Closed 335 E Taylor St San Jose Condor Freight Lines T Completed - Case Closed 725 N 7th St San Jose CANNING PARK SQUARE T Completed - Case Closed 739 9TH ST N SAN JOSE INDEPENDENT FOOD T Completed - Case Closed 808 N. 10TH STREET SAN JOSE SERVICE INC. Continental Can T Completed - Case Closed 880 N 8th St San Jose S.J. Diesel & Pump Injector T Completed - Case Closed 851 N 10th St San Jose Starkenburg Prop./Ross T Completed - Case Closed 862 N 10th St San Jose Equipmt Artificial Stone Works T Completed - Case Closed 911 N 9th St San Jose Damart Inc. T Completed - Case Closed 948 N 8th St San Jose Goodwill Industries T Completed - Case Closed 1080 N 7th St San Jose Nakatsu Bros. Auto Shop T Completed - Case Closed 952 N 10th St San Jose Roof Structures Inc T Completed - Case Closed 510 Madera Ave San Jose Page 23

24 Spills, Leaks, Investigation & Cleanup (SLIC) The California State Water Resources Control Board Spills, Leaks, Investigations & Cleanup (SLIC) program oversees soil and water investigations, corrective actions, and human health risk assessments at sites with current or historic unauthorized discharges, which have adversely affected or threaten to adversely affect waters of the state. Procedures for site investigation and remediation are specified in State Water Resources Control Board Resolution entitled Policies and Procedures for Investigation and Cleanup and Abatement of Discharges under Water Code Section For more information, visit geotracker.waterboards.ca.gov and search for the property address. The below table was populated from geotracker.waterboards.ca.gov. OPEN sites have remaining and foreseeable risk to human health and the environment, and have yet to be cleaned and give Closed status CLOSED status is achieved when the remaining contamination in the soil, surface water, groundwater, or air meets a risk or cleanup threshold determined not to pose a threat to human health or the environment. SLIC sites found within One-Half (½) Mile of the Property, if any, are listed below: Site Name Global ID Status Address City Consolidated Freightways T Open - Site Assessment 390 Commercial Street San Jose CERTIFIED GARMENT LINEN T Completed - Case Closed 519 HORNING SAN JOSE SUPPLY National Priorities List Superfund This list is compiled by the US Environmental Protection Agency to list priorities among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States and its territories. The NPL is intended primarily to guide the EPA in determining which sites warrant further investigation. For more information, visit Resource Conservation and Recovery Act (RCRA) The United States Environmental Protection Agency (EPA) regulates all waste under the Resource Conservation and Recovery Act (RCRA), codified as 42 U.S.C et seq. The RCRA s goals are to protect people from the hazards of waste disposal, conserve energy and natural resources by recycling and recovery, reduce or eliminate waste, and clean up waste, which may have spilled, leaked, or been improperly disposed. Hazardous waste is a waste with the properties that make it dangerous or potentially harmful to human health or the environment. In regulatory terms, a RCRA hazardous waste is a waste that appears on one of the four hazardous waste lists (Flist, K-list, P-list, or U-list), or exhibits at least one of four characteristics ignitability, corrosivity, reactivity or toxicity. The Resource Conservation and Recovery Act (RCRA) gives the EPA the authority to control hazardous waste from the "cradle-to-grave." This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also set forth a framework for the management of non-hazardous solid wastes. The 1986 amendments to RCRA enabled EPA to address environmental problems that could result from underground tanks storing petroleum and other hazardous substances. For more information, visit Page 24

25 Gas/Hazardous Liquid Pipeline Within one-half (½) mile of the property Map of Subject Property: *This map is provided for convenience only to show the approximate location of the Property and is not based on a field survey. GAS TRANSMISSION PIPELINE HAZARDOUS LIQUID PIPELINE Undetermined Undetermined Gas and Hazardous Liquid Pipelines Advisory: Information about the general location of gas and hazardous liquid transmission pipelines is available to the public via the National Pipeline Mapping System (NPMS) Internet Web site maintained by the United States Department of Transportation; at To seek further information about possible transmission pipelines near the Property, you may contact your local gas utility or other pipeline operators in the area. Contact information for pipeline operators is searchable by ZIP Code and county on the NPMS Internet Web site. Advisory Before any on-site digging or excavation use the Call Before You Dig service by calling 811 on a telephone to prevent damage to the underground utilities and for public safety hazards. Page 25